[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 391 Referral Instructions Senate (RIS)]







104th CONGRESS
  1st Session
                                 S. 391

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, and Mr. Packwood) 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

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

    For purposes of 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                    (B) lands reserved or withdrawn from the public 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
                    (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));
            (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);
            (3) ``land management plan'' means--
                    (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
                    (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
            (4) ``Secretary'' means--
                    (A) with respect to Federal lands described in 
                paragraph (1)(A), the Secretary of the Interior, or, 
                except for section 6, a designee;
                    (B) with respect to Federal lands described in 
                paragraph (1)(B), the Secretary of the Interior, or 
                except for section 6, a designee; and
                    (C) with respect to Federal lands described in 
                paragraph (1)(C), the Secretary of Agriculture, or, 
                except for section 6, a designee.

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

    (a) General Direction.--The Secretary of the Interior and the 
Secretary of Agriculture are each directed--
            (1) as frequently as necessary but no less than annually, 
        to review the forest health conditions on the federal lands; 
        and
            (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.
    (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--
            (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
            (B) implementation of one or more forest health management 
        activities on such lands can 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)(2) 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 can reduce or eliminate such risks.
    (3) Each Secretary shall accord priority in the designation of 
forest health emergency and high risk areas to--
            (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
            (B) wildland/urban interface areas where the Secretary 
        determines human life and property are threatened by wildfire 
        from the affected Federal lands.
    (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:
            (A) safeguard human life, property, and communities;
            (B) protect the various forest resources placed at risk, 
        including air and water quality, wildlife, and recreation and 
        visual values;
            (C) restore, maintain, or enhance the integrity of 
        ecosystems, watersheds and habitats damaged or placed at risk; 
        and
            (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.
    (2) No forest health management activity shall be precluded because 
the costs thereof are likely to exceed the revenues therefrom.
    (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).
    (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.
    (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.
    (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.

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 or high risk area and select and authorize a forest 
health management activity or activities therefor pursuant to section 
3(a)(2).
    (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 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).
    (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))--
            (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
            (B) in the case of a forest health high risk area, the 
        Secretary, in his or her discretion, may prepare such an 
        environmental assessment.
    (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.
    (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).
    (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.
    (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.
    (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.
    (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.
    (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.
    (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.
    (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.
    (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.

SEC. 5. EXCLUDED LANDS.

    Neither Secretary may select, authorize, or undertake any forest 
health management activity pursuant to section 3(a)(2) 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 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).

SEC. 6. ANNUAL FOREST HEALTH REPORT.

    (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.
    (b) Content of Report.--Each report required to subsection (a) 
shall contain--
            (1) qualitative and quantitative data on forest health on 
        the Federal lands;
            (2) assessment of the factors generally responsible for 
        forest problems;
            (3) judgment of each Secretary on the status of and trend 
        in forest health of the Federal lands under such Secretary's 
        jurisdiction;
            (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;
            (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;
            (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);
            (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;
            (8) a description of the forest health management 
        activities selected and authorized pursuant to section 3(a)(2) 
        during the previous fiscal year;
            (9) a description of all forest health activities 
        undertaken in designated forest health emergency or high risk 
        areas in the previous fiscal year;
            (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);
            (11) a report on the timeliness, effectiveness and cost of 
        each forest health management activity described in paragraph 
        (8);
            (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;
            (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;
            (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;
            (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
            (16) a description of additional authorities, if any, 
        needed to carry out the purposes of this Act.
    (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.

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 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.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    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.
                                 <all>