[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 391 Placed on Calendar Senate (PCS)]





                                                       Calendar No. 586

104th CONGRESS

  2d Session

                                 S. 391

                          [Report No. 104-321]

_______________________________________________________________________

                                 A BILL

To authorize and direct the Secretaries of the Interior and Agriculture 
   to undertake activities to halt and reverse the decline in forest 
            health on Federal lands, and for other purposes.

_______________________________________________________________________

                           September 11, 1996

 Committees discharged pursuant to the order of February 10, 1995, and 
                         placed on the calendar





                                                       Calendar No. 586
104th CONGRESS
  2d Session
                                 S. 391

                          [Report No. 104-321]

To authorize and direct the Secretaries of the Interior and Agriculture 
   to undertake activities to halt and reverse the decline in forest 
            health on Federal lands, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 10 (legislative day, January 30), 1995

   Mr. Craig (for himself, Mr. Heflin, Mr. Burns, Mr. Domenici, Mr. 
Gorton, Mr. Kempthorne, Mr. Murkowski, Mr. Packwood, Mr. Pressler, Mr. 
   Bennett, Mr. Stevens, Mr. Faircloth, Mr. Brown, Mr. Cochran, Mr. 
 Simpson, Mr. Kyl, Mr. Lott, and Mr. Thomas) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
  Natural Resources with instructions that when reported the bill be 
   referred jointly to the Committees on Agriculture, Nutrition, and 
Forestry and Environment and Public Works for a period not to exceed 20 
               days of session to report or be discharged

                             July 16, 1996

 Reported by Mr. Murkowski, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
   Referred jointly to the Committees on Agriculture, Nutrition, and 
  Forestry and Environment and Public Works pursuant to the order of 
                           February 10, 1995

                           September 11, 1996

 Committees discharged pursuant to the order of February 10, 1995, and 
                         placed on the calendar

_______________________________________________________________________

                                 A BILL


 
To authorize and direct the Secretaries of the Interior and Agriculture 
   to undertake activities to halt and reverse the decline in forest 
            health on Federal lands, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Lands Forest Health 
Protection and Restoration Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    For purposes of this Act, the term--</DELETED>
        <DELETED>    (1) ``Federal lands'' means--</DELETED>
                <DELETED>    (A) public lands as defined in section 
                103(e) of the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1702(e));</DELETED>
                <DELETED>    (B) lands reserved or withdrawn from the 
                public domain and designated to the National Wildlife 
                Refuge System as defined in 16 U.S.C. 668dd(a); 
                and</DELETED>
                <DELETED>    (C) lands within the National Forest 
                System as defined in section 11(a) of the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1609(a));</DELETED>
        <DELETED>    (2) ``forest health management activity'' means 
        any thinning, salvage, timber stand improvement, reforestation, 
        controlled burning or other fuels management, insect or disease 
        control, riparian or other habitat improvement, soil 
        stabilization or other water quality improvement, or other 
        activity, the purpose of which is to meet one or more of the 
        objectives set forth in section 3(c)(1);</DELETED>
        <DELETED>    (3) ``land management plan'' means--</DELETED>
                <DELETED>    (A) a land use plan prepared by the Bureau 
                of Land Management pursuant to section 202 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1712), or other multiple use plan currently in 
                effect, for a unit of the Federal lands described in 
                paragraph (1)(A); or</DELETED>
                <DELETED>    (B) a land and resource management plan 
                (or, if no final plan is currently in effect, a draft 
                land and resource management plan) prepared by the 
                Forest Service pursuant to section 6 of the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1604) for one or more units of the Federal lands 
                described in paragraph (1)(C); and</DELETED>
        <DELETED>    (4) ``Secretary'' means--</DELETED>
                <DELETED>    (A) with respect to Federal lands 
                described in paragraph (1)(A), the Secretary of the 
                Interior, or, except for section 6, a 
                designee;</DELETED>
                <DELETED>    (B) with respect to Federal lands 
                described in paragraph (1)(B), the Secretary of the 
                Interior, or except for section 6, a designee; 
                and</DELETED>
                <DELETED>    (C) with respect to Federal lands 
                described in paragraph (1)(C), the Secretary of 
                Agriculture, or, except for section 6, a 
                designee.</DELETED>

<DELETED>SEC. 3. DESIGNATION OF AREAS AND SELECTION AND AUTHORIZATION 
              OF ACTIVITIES.</DELETED>

<DELETED>    (a) General Direction.--The Secretary of the Interior and 
the Secretary of Agriculture are each directed--</DELETED>
        <DELETED>    (1) as frequently as necessary but no less than 
        annually, to review the forest health conditions on the federal 
        lands; and</DELETED>
        <DELETED>    (2) from time to time, or pursuant to a petition 
        submitted in accordance with subsection (d), when warranted by 
        conditions set forth in subsection (b), to designate a specific 
        area of the Federal lands as a forest health emergency or high 
        risk area and select and authorize the forest health management 
        activity or activities to be undertaken in such area.</DELETED>
<DELETED>    (b) Forest Health Emergency and High Risk Areas.--(1) An 
area of the Federal lands shall be designated as a forest health 
emergency area pursuant to subsection (a)(2) if the Secretary concerned 
finds that--</DELETED>
        <DELETED>    (A) forests on such lands have experienced 
        disturbances, from wildfires, insect infestations, disease, or 
        other natural causes that have caused more than 50 percent of 
        the trees to be dead or dying, and will suffer further 
        environmental degradation, such as soil erosion, stream damage, 
        or habitat loss; and</DELETED>
        <DELETED>    (B) implementation of one or more forest health 
        management activities on such lands can reduce or eliminate 
        such degradation.</DELETED>
<DELETED>    (2) An area of the Federal lands shall be designated as a 
forest health high risk area pursuant to subsection (a)(2) if the 
Secretary concerned finds that--</DELETED>
        <DELETED>    (A) the forest structure, function, or composition 
        on such lands has been so altered by human or natural causes as 
        to increase substantially the risk of insect infestation, 
        disease, or wildfire and the consequent risks of significant 
        ecosystem, watershed, or habitat damage or loss of life or 
        property; and</DELETED>
        <DELETED>    (B) implementation of one or more forest health 
        management activities on such lands can reduce or eliminate 
        such risks.</DELETED>
<DELETED>    (3) Each Secretary shall accord priority in the 
designation of forest health emergency and high risk areas to--
</DELETED>
        <DELETED>    (A) areas where the Secretary determines the need 
        to reduce or eliminate the degradation or risk specified in 
        paragraph (1) or paragraph (2) is the greatest; and</DELETED>
        <DELETED>    (B) wildland/urban interface areas where the 
        Secretary determines human life and property are threatened by 
        wildfire from the affected Federal lands.</DELETED>
<DELETED>    (c) Forest Health Management Activities.--(1) The forest 
health management activity or activities selected and authorized for 
each forest health emergency or high risk area pursuant to subsection 
(a)(2) shall be those activities which the Secretary determines are 
designated to address the specific site conditions of the areas with 
the combination of management practices, treatment, and protection 
needed to arrest the decline in forest health and restore forest health 
to a condition capable of supporting and sustaining the uses within the 
historic range of variability of the area as determined in the 
applicable land management plan or plans, and to meet the following 
additional objectives:</DELETED>
        <DELETED>    (A) safeguard human life, property, and 
        communities;</DELETED>
        <DELETED>    (B) protect the various forest resources placed at 
        risk, including air and water quality, wildlife, and recreation 
        and visual values;</DELETED>
        <DELETED>    (C) restore, maintain, or enhance the integrity of 
        ecosystems, watersheds and habitats damaged or placed at risk; 
        and</DELETED>
        <DELETED>    (D) protect previous Federal investments in the 
        Federal land resources and environmental values, and future 
        Federal, State, and local revenues that otherwise will be 
        foregone.</DELETED>
<DELETED>    (2) No forest health management activity shall be 
precluded because the costs thereof are likely to exceed the revenues 
therefrom.</DELETED>
<DELETED>    (3) The Secretary concerned shall publish a schedule for 
initiating, completing, and monitoring the forest health management 
activity or activities in each forest health emergency or high risk 
area in the document containing the Secretary's final decision 
designating the area and selecting and authorizing the activity or 
activities pursuant to subsection (a)(2).</DELETED>
<DELETED>    (4) Whenever the harvest of live trees is expected to 
occur in a forest health management activity, the Secretary concerned 
shall provide in the document containing the Secretary's final decision 
selecting and authorizing such activity pursuant to subsection (a)(2) a 
statement of whether the removal of live trees is necessary to meet one 
or more of the objectives set forth in paragraph (1) of this 
subsection.</DELETED>
<DELETED>    (5) Each Secretary may undertake forest health management 
activities not selected and authorized pursuant to subsection (a)(2) in 
accordance with applicable provisions of law other than this 
Act.</DELETED>
<DELETED>    (d) Petition Process.--Any interested person may petition 
either Secretary to designate a specific area of lands of at least 100 
acres in size within the Secretary's jurisdiction as a forest health 
emergency or high risk area pursuant to subsection (a)(2). The petition 
shall contain a reasonably precise description of the boundaries of the 
area and the reasons why the petitioner believes the conditions set 
forth in subsection (b)(1)(A) or subsection (b)(2)(A) exist in such 
area. The Secretary to which the petition is submitted shall make a 
decision within 45 days of the date of submission of the petition 
whether the designation sought by the petition may be warranted. If the 
Secretary determines that the designation may be warranted, the 
Secretary shall accept the petition and render a final decision whether 
to make such designation pursuant to subsection (a)(2) within 90 days 
of the date of submission in the case of a petition to designate a 
forest health emergency area or 150 days of the date of submission in 
the case of a petition to designate a forest health high risk area. If 
the Secretary decides not to accept the petition, the Secretary shall 
provide promptly to the petitioner a written statement of the decision 
and the reasons therefor.</DELETED>

<DELETED>SEC. 4. EXPEDITED PROCEDURES FOR THE DECISION TO DESIGNATE AN 
              AREA AND SELECT AND AUTHORIZE ACTIVITIES.</DELETED>

<DELETED>    (a) Notice.--(1) Each Secretary shall publish in the 
Federal Register notice of the prospective decision to designate a 
forest health emergency or high risk area and select and authorize a 
forest health management activity or activities therefor pursuant to 
section 3(a)(2).</DELETED>
<DELETED>    (2) The notice shall--</DELETED>
        <DELETED>    (A) set forth the location of the affected 
        area;</DELETED>
        <DELETED>    (B) describe the forest health conditions in such 
        area;</DELETED>
        <DELETED>    (C) provide the reasons for proposing to designate 
        such area; and</DELETED>
        <DELETED>    (D) contain a detailed description of the forest 
        health management activity or activities which the Secretary 
        proposes to select for such area (and which shall constitute 
        the preferred alternative in any documentation prepared 
        pursuant to section 102(2) of the National Environmental Policy 
        Act and subsection (b)(1) of this section).</DELETED>
<DELETED>    (b) Compliance With Certain Laws.--(1) Except as provided 
in paragraph (2), if the decision of a Secretary designating a forest 
health emergency or high risk area and selecting and authorizing a 
forest health management activity or activities therefor pursuant to 
section 3(a)(2) requires documentation pursuant to section 102(2) of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2))--
</DELETED>
        <DELETED>    (A) in the case of a forest health emergency area, 
        the document required shall be an environmental assessment 
        prepared pursuant to subparagraph (E) of such section 102(2); 
        or</DELETED>
        <DELETED>    (B) in the case of a forest health high risk area, 
        the Secretary, in his or her discretion, may prepare such an 
        environmental assessment.</DELETED>
<DELETED>    (2) Each Secretary shall provide by regulation a policy 
establishing categorical exclusions from the documentation requirements 
of section 102(2) of the National Environmental Policy Act of 1969 for 
decisions pursuant to section 3(a)(2) for forest health management 
activities which remove 250,000 board feet or less of merchantable wood 
products or salvage 1,000,000 board feet or less of merchantable wood 
products, which require one mile or less of standard road construction, 
and which assure regeneration of harvested or salvaged areas, where 
required.</DELETED>
<DELETED>    (3) If the decision of a Secretary designating a forest 
health emergency or high risk area and selecting and authorizing a 
forest health management activity or activities therefor pursuant to 
section 3(a)(2) requires formal consultation pursuant to section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 1536), such consultation 
shall be concluded within 45 days of the publication of the Federal 
Register notice of the prospective decision pursuant to subsection 
(a).</DELETED>
<DELETED>    (c) Public Comment.--The Secretary concerned shall provide 
a period of 30 days from the date of publication of a Federal Register 
notice pursuant to subsection (a) for submission of public comment on 
the prospective decision pursuant to section 3(a)(2). The Secretary may 
hold a hearing on such decision during such period. The Secretary shall 
respond in writing to the public comment received during such period in 
the document containing the Secretary's final decision.</DELETED>
<DELETED>    (d) Administrative Review.--(1) Any decision of a 
Secretary pursuant to section 3(a)(2) which includes designation of a 
forest health emergency area shall be a final agency action and shall 
not be subject to administrative review.</DELETED>
<DELETED>    (2) Administrative review of any decision by a Secretary 
pursuant to section 3(a)(2) which includes designation of a forest 
health risk area shall be governed by applicable existing statutory or 
regulatory administrative appeal requirements, including, for Federal 
lands described in section 2(1)(C), the administrative appeal 
provisions section 322 of the Fiscal Year 1993 Interior and Related 
Agencies Appropriation Act (106 Stat. 1419): Provided, That no 
extension of the 30-day period for disposition of the appeal authorized 
by subsection (d)(3) of such section 322 may be granted, and subsection 
(d)(4) of such section 322 shall apply at the conclusion of the 30-day 
period.</DELETED>
<DELETED>    (e) Judicial Review.--(1) Any decision by a Secretary 
pursuant to section 3(a)(2) to designate a forest health emergency or 
high risk area and to select and authorize a forest health management 
activity or activities therefor, or any decision by a Secretary 
pursuant to section 3(d) not to accept a petition to designate such an 
area shall be subject to judicial review only by the United States 
District Court for the District in which the affected Federal lands are 
located.</DELETED>
<DELETED>    (2) Any action brought pursuant to this subsection shall 
be filed not later than 45 days after the date of publication of the 
final decision of the Secretary or, for those decisions for which 
administrative review is available and undertaken, 30 days after the 
publication of the decision on review.</DELETED>
<DELETED>    (3) Any appeal from the final decision of a District Court 
in an action brought pursuant to this subsection shall be filed not 
later than 30 days after the date of the decision.</DELETED>
<DELETED>    (4) In an action brought pursuant to this subsection, the 
District Court shall render a final decision and dissolve any temporary 
restraining order or preliminary injunction not later than 90 days 
after the date of the filing of the action when the action concerns a 
forest health emergency area, or 120 days after the date of filing of 
the action when the action concerns a forest health high risk 
area.</DELETED>
<DELETED>    (5) In any appeal brought pursuant to this subsection, the 
Court of Appeals shall render a final decision on the appeal and 
dissolve any injunction pending appeal not later than 90 days after the 
date of the filing of the appeal when the appeal concerns a forest 
health emergency area, or 120 days after the date of filing of the 
appeal when the appeal concerns a forest health high risk 
area.</DELETED>

<DELETED>SEC. 5. EXCLUDED LANDS.</DELETED>

<DELETED>    Neither Secretary may select, authorize, or undertake any 
forest health management activity pursuant to section 3(a)(2) on any 
Federal lands located within--</DELETED>
        <DELETED>    (1) any unit of the National Wilderness 
        Preservation System;</DELETED>
        <DELETED>    (2) any roadless area designated by the Congress 
        for wilderness study;</DELETED>
        <DELETED>    (3) any roadless area recommended by the Bureau of 
        Land Management, Fish and Wildlife Service, or Forest Service 
        for wilderness designation; or</DELETED>
        <DELETED>    (4) any other area in which implementation of the 
        specific forest health management activity for any purpose is 
        expressly prohibited by law or by any applicable land 
        management plan, unless the plan is amended to permit the 
        activity to occur in accordance with section 202 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1712) or 
        section 6 of the Forest and Rangeland Renewable Resources 
        Planning Act of 1974 (16 U.S.C. 1604).</DELETED>

<DELETED>SEC. 6. ANNUAL FOREST HEALTH REPORT.</DELETED>

<DELETED>    (a) Report Required.--The Secretary of the Interior and 
the Secretary of Agriculture shall prepare jointly an annual Forest 
Health Report to evaluate forest health on the Federal lands.</DELETED>
<DELETED>    (b) Content of Report.--Each report required to subsection 
(a) shall contain--</DELETED>
        <DELETED>    (1) qualitative and quantitative data on forest 
        health on the Federal lands;</DELETED>
        <DELETED>    (2) assessment of the factors generally 
        responsible for forest problems;</DELETED>
        <DELETED>    (3) judgment of each Secretary on the status of 
        and trend in forest health of the Federal lands under such 
        Secretary's jurisdiction;</DELETED>
        <DELETED>    (4) maps disclosing the status of forest health on 
        all Federal lands at a scale sufficient to display discrete 
        areas, including areas designated as forest health emergency or 
        high risk areas, in each unit of the Federal lands;</DELETED>
        <DELETED>    (5) identification of the forest health emergency 
        areas and high risk areas designated pursuant to section 
        3(a)(2) during the previous fiscal year and the reasons for 
        such designations;</DELETED>
        <DELETED>    (6) identification of areas in which adverse 
        forest health conditions are equal to or more severe than the 
        areas identified in paragraph (5) and a detailed discussion of 
        the reasons of the Secretary concerned for not designating such 
        areas as forest health emergency or high risk areas pursuant to 
        section 3(a)(2);</DELETED>
        <DELETED>    (7) discussion of any expenditures or actions, 
        other than any forest health management activities, made or 
        taken by the Bureau of Land Management, Fish and Wildlife 
        Service, or Forest Service in the areas identified in paragraph 
        (6) and a statement of the reasons therefor;</DELETED>
        <DELETED>    (8) a description of the forest health management 
        activities selected and authorized pursuant to section 3(a)(2) 
        during the previous fiscal year;</DELETED>
        <DELETED>    (9) a description of all forest health activities 
        undertaken in designated forest health emergency or high risk 
        areas in the previous fiscal year;</DELETED>
        <DELETED>    (10) a summary of the estimated impacts, in terms 
        of changed conditions or risks, resulting from each forest 
        health management activity described in paragraph 
        (8);</DELETED>
        <DELETED>    (11) a report on the timeliness, effectiveness and 
        cost of each forest health management activity described in 
        paragraph (8);</DELETED>
        <DELETED>    (12) the total of the acres treated under this Act 
        at the end of the previous fiscal years and a comparison 
        thereof to the total acres planned for, and total acres 
        requiring, forest health management activities both within and 
        outside of designated forest health emergency or high risk 
        areas;</DELETED>
        <DELETED>    (13) a discussion of any delays encountered in the 
        previous fiscal years and likely in the present fiscal year in 
        meeting the schedules established pursuant to section 3(c)(3), 
        for initiating, accomplishing, and monitoring forest health 
        management activities in designated forest health emergency or 
        high risk areas, the reasons for such delays, and the specific 
        steps which the Secretary concerned has directed to be taken to 
        ensure timely adherence to the established schedules or any 
        changes in such schedules which the Secretary concerned has 
        made;</DELETED>
        <DELETED>    (14) identification of forest health emergency 
        areas and high risk areas which no longer require forest health 
        management activities pursuant to this Act and from which the 
        Secretaries will remove the emergency area or high risk area 
        designations 60 days after submission of the report;</DELETED>
        <DELETED>    (15) an estimate of the funding needs in future 
        years to address fully the forest health conditions disclosed 
        in paragraphs (1) and (3) to ensure that all Federal lands are 
        capable of supporting and sustaining the uses within the 
        historic range of variability as determined in the applicable 
        land management plans; and</DELETED>
        <DELETED>    (16) a description of additional authorities, if 
        any, needed to carry out the purposes of this Act.</DELETED>
<DELETED>    (c) Submission of Report.--The report required by 
subsection (a) shall be completed not later than April 1 of each year 
beginning in the first year after the first full fiscal year following 
the date of enactment of this Act and shall cover conditions and 
activities during the previous fiscal years. The Secretary of the 
Interior and the Secretary of Agriculture shall submit the report to 
Chairs and ranking members of the Senate Energy and Natural Resources 
and Agriculture, Nutrition, and Forestry and House Resources and 
Agriculture Committees.</DELETED>

<DELETED>SEC. 7. BUDGET DISCLOSURES.</DELETED>

<DELETED>    Beginning with the fiscal budget for the first full fiscal 
year following the date of enactment of this Act, requests presented by 
the President to the Congress governing activities of the Bureau of 
Land Management, Fish and Wildlife Service, or Forest Service shall 
summarize the current forest health situation as described in the 
report prepared pursuant to section 6, report on costs incurred and 
revenues generated through forest health activities conducted pursuant 
to this Act, and express in qualitative and quantitative terms the 
extent to which the projected activities under the budget fully achieve 
the purposes, and implement the provisions, of this Act. The revenues 
generated by forest health activities conducted pursuant to this Act 
shall be displayed as offsetting Federal costs in current and future 
fiscal years.</DELETED>

<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated in fiscal years 
1996 through 2006 such sums as may be necessary to carry out the 
provisions of this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Lands Forest Health 
Protection and Restoration Act.''

SEC. 2. PURPOSES AND DEFINITIONS.

    (a) Purposes.--(1) The purposes of this Act are to arrest the 
dramatic decline in forest health on the Federal lands and restore 
forest health to a condition capable of supporting and sustaining the 
uses of those lands within the lands' historic ranges of variability; 
safeguard human life, property, and communities on and near the Federal 
lands, particularly in wildland/urban interface areas; protect air and 
water quality, wildlife, recreation and visual values, and other forest 
resources of the Federal lands placed at risk by declining forest 
health; restore, maintain or enhance the integrity of ecosystems, 
watersheds, and habitats on the Federal lands damaged or placed at risk 
by declining forest health; protect existing Federal investments in the 
forest resources of the Federal lands, and future Federal, State, and 
local revenues from those lands that otherwise will be foregone if 
forest health trends continue; and provide opportunities to accomplish 
similar purposes on adjacent non-Federal lands with similar forest 
health conditions.
    (2) Congress recognizes that the management of the Federal lands 
has been characterized by large cyclical variations in fire suppression 
policies, timber harvesting levels, and the attention paid to commodity 
and non-commodity values. The inconsistent management of the Federal 
lands is not in the long-term interest of the nation. Management of the 
Federal lands should be conducted through the enactment of authorizing 
legislation, and through the faithful implementation of that 
legislation by the executive branch.
    (3) It is the purpose of this authorizing legislation to manage the 
Federal lands in a more consistent manner by establishing a rational 
system for selecting and implementing forest health activities to 
provide a long-term approach to addressing forest health concerns.
    (b) Definitions.--As used in this Act, the term--
            (1) ``Federal lands'' means--
                    (A) public lands as defined in section 103(e) of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702(e));
                    (B) lands within the National Forest System as 
                defined in section 11(a) of the Forest and Rangeland 
                Renewable Resources Planning Act of 1974 (16 U.S.C. 
                1609(a)); and
                    (C) lands within the Kenai National Wildlife 
                Refuge, as redesignated by section 303(4) of the Alaska 
                National Interest Lands Conservation Act (94 Stat. 
                2391, 16 U.S.C. 668dd noted);
            (2) ``forest health management activity'' means any 
        thinning, salvage, timber stand improvement, reforestation, 
        prescribed burning (including natural ignition) or other fuels 
        management, insect or disease control, riparian or other 
        habitat improvement, soil stabilization or other water quality 
        improvement, or other activity, the purpose of which is to meet 
        one or more of the objectives set forth in section 3(a)(1)(C);
            (3) ``land management plan'' means--
                    (A) with respect to Federal lands administered by 
                the Secretary of the Interior, a land use plan prepared 
                by the Bureau of Land Management pursuant to section 
                202 of the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1712), or other multiple-use plan 
                currently in effect;
                    (B) with respect to Federal lands administered by 
                the Secretary of Agriculture, a land and resource 
                management plan (or, if no final plan is currently in 
                effect, a draft land and resource management plan) 
                prepared by the Forest Service pursuant to section 6 of 
                the Forest and Rangeland Renewable Resources Planning 
                Act of 1974 (16 U.S.C. 1604); or
                    (C) a comprehensive conservation plan for the Kenai 
                National Wildlife Refuge pursuant to section 304(g) of 
                the Alaska National Interest Lands Conservation Act (94 
                Stat. 2394), and a determination of compatibility with 
                the purpose for which the Refuge was established 
                pursuant to the National Wildlife Refuge System 
                Administration Act and
          (4) ``Secretary'' means--
                    (A) with respect to Federal lands described in 
                subparagraphs (A) and (C) of paragraph (1), the 
                Secretary of the Interior, or, except for section 6, 
                the Secretary's designee; and
                    (B) with respect to Federal lands described in 
                paragraph (1)(B), the Secretary of Agriculture, or, 
                except for section 6, the Secretary's designee.

SEC. 3. DESIGNATION OF AREAS AND SELECTION AND AUTHORIZATION OF 
              ACTIVITIES.

    (a) General Direction.--(1) The Secretary of the Interior and the 
Secretary of Agriculture are each directed to review the forest health 
conditions on the Federal lands and--
            (A) identify on or before March 1 of each year, those areas 
        on the Federal lands on which the forest health conditions 
        described in subsection (b) exist; and
            (B) subsequent to the identification of areas under 
        paragraph (A), and in accordance with the priorities prescribed 
        in subsection (b)(3), designate in a timely fashion as forest 
        health emergency areas or forest health high risk areas those 
        areas on the Federal lands on which the forest health 
        conditions described in subsection (b) exist; and
            (C) select and authorize the proposed forest health 
        management activities to be undertaken in such areas in order 
        to--
                    (i) arrest the decline of forest health and restore 
                forest health to a condition capable of supporting and 
                sustaining the uses of such areas within the historic 
                ranges of variability of such areas or as determined in 
                the applicable land management plan or plans;
                    (ii) safeguard human life, property, and 
                communities on and near the Federal lands, particularly 
                in wildland/urban interface areas;
                    (iii) protect the various forest resources of the 
                Federal lands placed at risk by the forest health 
                conditions, including air and water quality, wildlife, 
                and recreation and visual values;
                    (iv) restore, maintain, or enhance the integrity of 
                ecosystems, watersheds, and habitats damaged or placed 
                at risk by the forest health conditions; or
                    (v) protect existing Federal investments in the 
                forest resources of the Federal lands, and future 
                Federal, State, and local revenues that otherwise will 
                be foregone.
    (2) In addition to the requirements of paragraph (1), each 
Secretary shall designate a forest health emergency area or a forest 
health high risk area and select and authorize a forest health 
management activity or activities where the forest health conditions 
described in subsection (b) of this section exist for any area of 
Federal lands of more than 500 acres on which a wildlife or 
catastrophic event occurs, within 120 days of the termination of the 
wildfire or catastrophic event.
    (3) Prior to designating a forest health emergency area or a forest 
health high risk area pursuant to this subsection, the Secretary 
concerned shall consult with the head of the forestry agency in the 
State in which such area is located.
    (b) Forest Health Emergency and High Risk Areas.--(1) An area of 
the Federal lands shall be designated as a forest health emergency area 
pursuant to subsection (a) if the Secretary concerned finds that--
            (i) forests on such lands have experienced disturbances 
        from wildfires, insect infestations, disease, or other natural 
        causes that have caused more than 50 percent of the trees to be 
        dead or to exhibit physical evidence of imminent mortality, and 
        will suffer further environmental degradation, such as soil 
        erosion, stream damage, or habitat loss; and
            (ii) implementation of one or more forest health management 
        activities on such lands is likely to reduce or eliminate such 
        degradation.
    (2) An area of the Federal lands shall be designated as a forest 
health high risk area pursuant to subsection (a) if the Secretary 
concerned finds that--
            (A) the forest structure, function, or composition on such 
        lands has been so altered by human or natural causes as to 
        increase substantially the risk of insect infestation, disease, 
        or wildfire and the consequent risks of significant ecosystem, 
        watershed, or habitat damage or loss of life or property; and
            (B) implementation of one or more forest health management 
        activities on such lands is likely to reduce or eliminate such 
        risks.
    (3) Each Secretary shall accord priority in the designation of 
forest health emergency areas and forest high risk areas to--
            (A) wildland/urban interface areas where the Secretary 
        determines human life and property are threatened by wildfire 
        from the affected Federal lands; or
            (B) areas where the Secretary determines the need to reduce 
        or eliminate the degradation or risk specified in paragraph (1) 
        or paragraph (2) is the greatest.
    (c) Forest Health Management Activities.--(1) The forest health 
management activity or activities selected and authorized for each 
forest health emergency area or forest health high risk area pursuant 
to subsection (a) shall be those activities which the Secretary 
determines are designated to address the specific site conditions of 
the areas with the combination of management practices, treatment, and 
protection needed to meet the objectives set forth in subsection 
(a)(1)(C).
    (2) The generation of revenues should not be the primary 
consideration of any forest health management activity selected and 
authorized pursuant to subsection (a).
    (3) The Secretary concerned shall publish a schedule for 
initiating, completing, and monitoring the forest health management 
activity or activities in each forest health emergency area or forest 
health high risk area in the document containing the Secretary's final 
decision designating the area and selecting and authorizing the 
activity or activities pursuant to subsection (a).
    (4) Whenever the harvest of live trees is expected to occur in a 
forest health management activity, the Secretary concerned shall 
provide in the document containing the Secretary's final decision 
selecting and authorizing such activity pursuant to subsection (a) a 
statement of whether justification as to why the removal of live trees 
is necessary to meet one or more of the objectives set forth in 
subsection (a)(1)(C).
    (d) Effect on Existing Salvage Authorities.--Except as provided in 
section 11 of this Act, nothing in this Act shall affect or limit any 
existing authority of the Secretary to undertake forest health 
management or timber salvage activities on Federal lands.
    (e) Petition Process.--In addition to the requirements of 
subsection (a)(1), after March 1 of the first full year following the 
date of enactment of this Act, any interested person may petition 
either Secretary to designate a specific area of lands comprising not 
less than 500 acres in size within the Secretary's jurisdiction as a 
forest health emergency area or high risk area pursuant to this 
subsection. The petition shall contain a detailed description of the 
boundaries of the area and the reasons why the petitioner believes the 
conditions set forth in subsection (b)(1)(A)(i) or subsection (b)(2)(A) 
exist in such area. The Secretary to which the petition is submitted 
shall, within 45 days of the date of submission of the petition, make a 
decision whether the designation sought by the petitioner is warranted 
and provide to the petitioner a written statement of the decision and 
the reasons therefor. If the Secretary determines that the designation 
is warranted, the Secretary shall publish a notice in the Federal 
Register pursuant to section 4(a). A decision that a designation is not 
warranted shall not be subject to administrative appeal or judicial 
review.

SEC. 4. EXPEDITED PROCEDURES FOR THE DECISION TO DESIGNATE AN AREA AND 
              SELECT AND AUTHORIZE ACTIVITIES.

    (a) Notice.--(1) Each Secretary shall publish in the Federal 
Register notice of the prospective decision to designate a forest 
health emergency area or forest health high risk area and select and 
authorize a forest health management activity or activities therefor 
pursuant to section 3.
    (2) The notice shall--
            (A) set forth the location of the affected area;
            (B) describe the forest health conditions in such area;
            (C) provide the reasons for proposing to designate such 
        area; and
            (D) contain a brief description of the forest health 
        management activity or activities which the Secretary proposes 
        to select for such area.
    (b) Public Comment.--The Secretary concerned shall provide a period 
of 30 days from the date of publication of draft environmental 
documents required by subsection (d)(1) of this section for submission 
of public comment on the prospective decision pursuant to section 3. 
The Secretary may hold a hearing on such decision during the comment 
period.
    (c) Agency Response.--The Secretary concerned shall respond in 
writing to any public comment received pursuant to subsection (b) in 
the document containing the Secretary's final decision.
    (d) Compliance With Certain Laws.--(1) Prior to the identification 
of the first list of areas pursuant to section 3(a)(1)(A) of this Act, 
the Secretary concerned shall, with the assistance of the Council on 
Environmental Quality, provide expedited procedures to prepare the 
documentation pursuant to section 102(2) required for a decision 
designating a forest health emergency or high risk area and selecting 
and authorizing a forest health management activity or activities 
therefore pursuant to section 3(a): Provided further, That in no 
instance involving the designating of a forest health emergency area 
shall the time necessary for the preparation of such final documents 
exceed 120 days from the date of notice of proposed designation or 
initiation of such preparation, whichever is earlier. Existing 
regulations and Council on Environmental Quality guidelines shall be 
modified as necessary to conform to this time period.
    (2) No documentation pursuant to section 102(2) of the National 
Environmental Policy Act of 1969 shall be required for the 
identification of areas pursuant to section 3(a)(1)(A) or for decisions 
pursuant to section 3 for forest health management activities which--
            (A) remove 250,000 board feet of less of merchantable wood 
        products or salvage 1,000,000 board feet or less of 
        merchantable wood products; and
            (B) require one mile or less of standard road construction; 
        and
            (C) assure regeneration of harvested or salvaged areas, 
        where required.
    (3) The Secretary, as defined in section 2(b)(4) of this Act, shall 
consult or confer with the appropriate agency pursuant to section 
7(a)(2) or section 7(a)(4) of the Endangered Species Act of 1973 (16 
U.S.C. 1536(a)(2) or (4)) on a decision designating a forest health 
emergency area or forest health high risk area and selecting and 
authorizing a forest health management activity or activities therefor 
pursuant to section 3(a) only if such Secretary determines that such 
decision is likely to significantly and adversely affect a species 
determined or proposed to be an endangered species or a threatened 
species pursuant to section 4(a) of such Act (16 U.S.C. 1533(a)). Such 
consultation or conferencing shall be concluded within 90 days of the 
publication of the Federal Register notice of the prospective decision 
pursuant to subsection (a). The Secretary, as defined in section 3(15) 
of such Act (16 U.S.C. 1532(15)), shall accord priority to consultation 
or conferencing on a decision pursuant to section 3(a) over any other 
agency actions submitted to such Secretary for consultation or 
conferencing. The Secretary as defined in section 2(b)(4) of this Act 
shall not consult in fulfilling the requirements of section 3(a)(1)(A) 
of this Act.
    (4) The documents prepared pursuant to section 102(2) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) and under 
the provisions of this subsection must be reviewed by the Secretary 
concerned at least every three years. If the Secretary concerned 
determines that conditions in the area designated have significantly 
changed and are not reflected in the existing documents, appropriate 
supplements or new documents shall be prepared pursuant to the 
requirements of this subsection: Provided, That any forest health 
management activities already underway pursuant to a decision of the 
Secretary under section 3(a) of this Act shall not be suspended, 
halted, or otherwise enjoined, except at the sole discretion of the 
Secretary concerned, during the development of supplements or new 
documents pursuant to the subsection.
    (e) Administrative Review.--(1) Any decision of a Secretary 
pursuant to section 3 which includes designation of a forest health 
emergency area, or the selection of forest health management activities 
pursuant to paragraph (d)(2) of this section, shall be a final agency 
action and shall not be subject to administrative review.
    (2) Administrative review of any decision by a Secretary pursuant 
to section 3 which includes designation of a forest health high risk 
area shall be governed by applicable existing statutory or regulatory 
administrative appeal requirements, including, for Federal lands 
described in section 2(b)(1)(B), the administrative appeal provisions 
of section 322 of the Fiscal Year 1993 Interior and Related Agencies 
Appropriation Act (106 Stat. 1419): Provided, That no extension of the 
30-day period for disposition of the appeal authorized by subsection 
(d)(3) of such section 322 may be granted, and subsection (d)(4) of 
such section 322 shall apply at the conclusion of the 30-day period.
    (f) Judicial Review.--(1) Any decision by a Secretary pursuant to 
section 3 to designate a forest health emergency area or forest health 
high risk area and to select and authorize a forest health management 
activity or activities therefor shall be subject to judicial review 
only by the United States District Court for the District in which the 
affected Federal lands are located.
    (2)(A) Any action brought pursuant to this subsection shall be 
filed not later than 45 days after the date of publication of the final 
decision of the Secretary or, for those decisions for which 
administrative review is available and undertaken, 30 days after the 
publication of the decision on review.
    (B) Any appeal from the final decision of a district court in an 
action brought pursuant to this subsection shall be filed not later 
than 30 days after the date of the decision.
    (3) Administrative stays may be imposed during, and shall not be 
extended beyond, the periods provided in paragraph (2) for filing and 
appealing actions brought pursuant to this subsection.
    (4)(A) In an action brought pursuant to this subsection, the 
District Court is encouraged to render a final decision not later than 
90 days after the date of the filing of the action when the action 
concerns a forest health emergency area, or 120 days after the date of 
filing of the action when the action concerns a forest health high risk 
area.
    (B) In any appeal of an action brought pursuant to this subsection, 
the court of appeals is encouraged to render a final decision on the 
appeal not later than 90 days after the date of the filing of the 
appeal when the action concerns a forest health emergency area, or 120 
days after the date of filing of the appeal when the action concerns a 
forest health high risk area.

SEC. 5. EXCLUDED LANDS AND ACTIVITIES.

    (a) Neither Secretary may select, authorize, or undertake pursuant 
to this Act any forest health management activity on any Federal lands 
located within--
            (1) any unit of the National Wilderness Preservation 
        System;
            (2) any roadless area designated by the Congress for 
        wilderness study;
            (3) any roadless area recommended by the Bureau of Land 
        Management, Fish and Wildlife Service, or Forest Service for 
        wilderness designation; or
            (4) any other area in which implementation of the specific 
        forest health management activity for any purpose is prohibited 
        by law or a court order, or by an applicable land management 
        plan, unless the plan is amended to permit the activity to 
        occur in accordance with section 202 of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1712) or section 6 of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1604).
    (b) Any forest health management activity which (i) is a salvage 
timber sale as defined under subsection (a)(4), or a timber sale 
described in subsection (d), and has a decision notice or record of 
decision completed prior to the date set forth in subsection (j), of 
section 2001 of Public Law 104-19 (109 Stat. 194, 240), or (ii) is a 
timber sale contract identified in subsection (k) of such section, 
shall be conducted under the authority, and in accordance with the 
applicable provisions, of such section and not be subject to this Act.

SEC. 6. FOREST HEALTH REPORTS.

    (a) Annual Report.--(1) The Secretary of the Interior and the 
Secretary of Agriculture shall each prepare an Annual Forest Health 
Report which shall provide, for the Federal lands within the 
Secretary's jurisdiction--
            (A) identification of the total area of forest health 
        emergency areas and forest health high risk areas designated 
pursuant to section 3 in each unit of the Federal lands during the 
previous fiscal year and the forest health conditions thereof;
            (B) identification of areas which are not designated as 
        forest health emergency areas or forest heath high risk areas 
        and which have adverse forest health conditions equal to or 
        more severe than the designated areas, and a discussion of the 
        reasons of the Secretary for not designating such areas as 
        forest health emergency areas or forest health high risk areas 
        pursuant to section 3;
            (C) a summary of all forest health management activities 
        undertaken in designated forest health emergency areas or 
        forest health high risk areas in the previous fiscal year;
            (D) a discussion of any significant delays encountered in 
        the previous fiscal year and likely to occur in the present 
        fiscal year in meeting the schedules established pursuant to 
        section 3(c)(3) for initiating, accomplishing, and monitoring 
        forest health management activities in designated forest health 
        emergency areas or forest health high risk areas, the reasons 
        for such delays, and any specific steps which the Secretary has 
        directed to be taken to ensure timely adherence to the 
        established schedules or any changes in such schedules which 
        the Secretary has made;
            (E) identification of any forest health emergency areas and 
        forest health high risk areas which no longer require forest 
        health management activities pursuant to this Act and from 
        which the Secretary shall remove the emergency area or high 
        risk area designations by publication of notice in the Federal 
        Register no later than 60 days after submission of the report 
        pursuant to paragraph (2).
    (2) For the Forest Service the report required by paragraph (1) 
shall be completed and accompany the Annual Report of the Forest 
Service in the first fiscal year after the full fiscal year following 
the date of enactment of this Act and shall cover conditions and 
activities during the previous fiscal year. For the Bureau of Land 
Management, the report required by paragraph (1) shall be completed not 
later than April 1 of each year beginning in the first fiscal year 
after the full fiscal year following the date of enactment of this Act 
and shall cover conditions and activities during the previous fiscal 
year.
    (B) Four Year Report.--(1) The Secretary of the Interior and the 
Secretary of Agriculture shall each prepare at the end of each period 
of four full fiscal years after the date of enactment of this Act a 
Comprehensive Forest Health Report to evaluate forest health conditions 
on the Federal lands within the Secretary's jurisdiction.
    (2) Each report required by paragraph (1) shall provide, for the 
Federal lands within the Secretary's jurisdiction,--
            (A) qualitative and quantitative data on forest health;
            (B) an assessment of the factors generally responsible for 
        forest health problems;
            (C) the judgment of the Secretary on the status of and 
        trend in forest health;
            (D) maps generally disclosing the status of forest health;
            (E) a summary of the estimated impacts, in terms of changed 
        conditions or risk, resulting from forest health management 
        activities undertaken pursuant to this Act;
            (F) a report on the timeliness, effectiveness and cost of 
        such forest health management activities; and
            (G) a description of additional authorities, if any, needed 
        to carry out the purposes of this Act.
    (c) Submission of Reports to Congress.--The Secretary of the 
Interior and the Secretary of Agriculture shall submit the reports 
required by this section to the Chairs and ranking members of the 
Energy and Natural Resources Committee and Agriculture, Nutrition, and 
Forestry Committee of the Senate and the Resources Committee and 
Agriculture Committee of the House of Representatives.

SEC. 7. BUDGET DISCLOSURES.

    Beginning with the fiscal budget for the first full fiscal year 
following the date of enactment of this Act, requests presented by the 
President to the Congress governing activities of the Bureau of Land 
Management, Fish and Wildlife Service, or Forest Service shall 
summarize the information and the current forest health situation on 
Federal lands, and report on costs incurred and revenues generated 
through forest health management activities conducted pursuant to this 
Act, and express in qualitative and quantitative terms the extent to 
which the projected activities under the budget fully achieve the 
purposes, and implement the provisions, of this Act. The revenues 
generated by forest health management activities conducted pursuant to 
this Act and not distributed to State or local governments pursuant to 
other law shall be displayed as offsetting Federal costs in current and 
future fiscal years.

SEC. 8. SPECIAL FUNDS.

    (a) Bureau of Land Management.--The Secretary of the Interior shall 
maintain a special fund established pursuant to Public Law 102-381, 
which shall be derived from the Federal share of moneys received from 
the disposal of salvage timber from all lands administered by the 
Bureau of Land Management, Department of the Interior, and which shall 
be available, without further appropriation, for the purposes of 
planning and preparing of salvage timber for disposal, the 
administration of salvage timber sales, and subsequent site preparation 
and reforestation, and forest health enhancement activities, including, 
but not limited to, prescribed burning (including natural ignition) or 
other fuel, site preparation, tree planting, protection of seedlings 
from animals and other environmental elements, release from competing 
vegetation, and stand thinning.
    (b) Forest Service.--All funds received from the disposal of 
salvage timber from lands within the National Forest System may be 
credited to the Forest Service Permanent Appropriations to be expended 
for timber salvage sales from any national forest, and for timber sales 
preparation to replace sales lost to fire or other causes, and sales 
preparation to replace sales inventory on the shelf for any national 
forest to a level sufficient to maintain new sales availability equal 
to a rolling five-year average of the total sales offerings, and for 
design, engineering, and supervision of construction of roads lost to 
fire or other causes associated with the timber sales programs 
described above, for watershed assessment activities, and for forest 
health enhancement activities, including, but not limited to, 
prescribed burning (including natural ignition) or other fuel 
management, site preparation, tree planting, protection of seedlings 
from animals and other environmental elements, release from competing 
vegetation, and stand thinning.
    (c) Payments to Local Governments.--Moneys received from the 
disposal of salvage timber pursuant to this section shall be considered 
as money received for purposes of computing and distributing payments 
to State or local governments under other law concerning the 
distribution of revenues derived from timber resources from the 
affected lands.

SEC. 9. ASSISTANCE TO OWNERS OF ADJACENT NONINDUSTRIAL PRIVATE FOREST 
              LANDS.

SEC. 10. FOREST HEALTH CREDITS IN TIMBER SALE.

    (a) Authority To Issue Forest Health Credits.--
            (1) The Secretary of Agriculture and the Secretary of the 
        Interior are each authorized to require, as a condition of the 
        sale of timber or other forest products from the Federal lands 
        under the Secretary's jurisdiction, that the purchaser 
        undertake a forest health management activity or activities 
        which--
                    (A) are selected and authorized pursuant to section 
                3; and
                    (B) address effects of the operation of the sale or 
                past sales of timber or other forest products or 
                involve vegetation management within the area of the 
                sale or the area in which such efforts are located.
            (2) A condition described in paragraph (1) may be included 
        in a contract for the sale of timber or other forest products 
        only when the Secretary determines that--
                    (A) the land management objectives of the forest 
                health management activity or activities can be 
                accomplished most efficiently when performed as part of 
                the sale contract; and
                    (B) it is unlikely that the forest health 
                management activity or activities would be performed 
                except under the authority of this section.
            (3) The term of any sale contract with a condition 
        described in paragraph (4) shall not exceed 3 years.
    (b) Financing and Supplemental Funding.--
            (1) Financing of the forest health management activity or 
        activities in a sale contract authorized by subsection (a) 
        shall be accomplished by including provisions in the contract 
        for amortization of the cost of such activity or activities 
        through issuance of forest health credits to the purchaser 
        which offset such cost against the purchaser's payment for the 
        timber or other forest products.
            (2) Appropriated funds may be used to assist the forest 
        health management activity or activities in a sale contract 
        authorized by subsection (a) if such funds are provided by the 
        resource function or functions that directly benefit from the 
        performance of the activity or activities. Such funds must be 
        available from the annual appropriation of the benefited 
        function or functions during the fiscal year in which the sale 
        is offered. The amount to be paid for each for health 
        management activity shall be included in the prospectus and 
        published in the advertisement, for the sale contract.
    (c) Determining Forest Health Credits.--Prior to the advertisement 
of a sale authorized by subsection (a), the Secretary concerned shall 
determine the amount of forest health credits to be allocated to each 
forest health management activity to be performed by the purchaser 
under the contract. A description of the forest health management 
activity to be performed by the purchaser under the contract. A 
description of the forest health management activity or activities to 
be performed by the purchaser, and amount of the forest health credits 
allocated to each activity, shall be included in the prospectus, and 
published in the advertisement, for the sale.
    (d) Transfer of Forest Health Credits.--Each Secretary may permit 
the transfer of unused forest health credits from one sale authorized 
by subsection (a) to another such sale held by the same purchaser if 
such other applies to Federal lands that are under the jurisdiction of 
such Secretary and located in the same state as the original sale.
    (e) Existing Procedures.--To the extent feasible, in preparing, 
awarding, and administering sales authorized by subsection (a), each 
Secretary shall adhere to the procedures and requirements developed by 
the Forest Service for timber sales requiring road construction by 
timber purchasers pursuant to section 4(2) of the National Forest Roads 
and Trails Act (16 U.S.C. 535(2)). Nothing in this section shall be 
deemed to require or authorize any alteration in the procedures or 
requirements for timber sales under such section 4(2) including the 
applicable provisions of the small business set-aside program and 
procedure for calculating payments to counties of a portion of timber 
sale receipts.
    (f) Termination of Authority.--The authority to offer sales of 
timber and other forest products pursuant to this section shall 
terminate five years after the date of enactment of this Act. Any sale 
contract issued under the authority of subsection (a) and in effect at 
the end of such five year period shall remain in effect under its terms 
thereafter.

SEC. 11. EFFECTIVE DATE.

    The provisions of this Act shall take effect on the date of 
enactment of this Act. No decision or action required or authorized by 
this Act shall be delayed pending promulgation of any regulation to 
implement this Act. Effective, January 1, 1997, the provisions of 
section 2001 of the Emergency Supplemental Appropriations Act are 
repealed and, except as provided under section 5(b) of this Act, any 
subsequent timber salvage sales on federal lands shall be carried out 
in accordance with the provisions of this Act and other applicable law.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated in fiscal years 1997 
through 2007 such sums as may be necessary to carry out the provisions 
of this Act.
            Amend the title so as to read: ``A bill to authorize and 
        direct the Secretaries of the Interior and Agriculture to 
        undertake certain activities to halt and reverse the decline in 
        forest health on Federal lands, and for other purposes.''.