[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2515 Reported in House (RH)]





                                                 Union Calendar No. 249

105th CONGRESS

  2d Session

                               H. R. 2515

                      [Report No. 105-440, Part I]

_______________________________________________________________________

                                 A BILL

  To address the declining health of forests on Federal lands in the 
 United States through a program of recovery and protection consistent 
     with the requirements of existing public land management and 
 environmental laws, to establish a program to inventory, monitor, and 
 analyze public and private forests and their resources, and for other 
                               purposes.

_______________________________________________________________________

                             March 12, 1998

       Reported from the Committee on Agriculture with amendments

                             March 12, 1998

Referral to the Committee on Resources extended for a period ending not 
                       later than March 12, 1998

                             March 12, 1998

The Committee on Resources discharged; referred to the Committee of the 
    Whole House on the State of the Union and ordered to be printed





                                                 Union Calendar No. 249
105th CONGRESS
  2d Session
                                H. R. 2515

                      [Report No. 105-440, Part I]

  To address the declining health of forests on Federal lands in the 
 United States through a program of recovery and protection consistent 
     with the requirements of existing public land management and 
 environmental laws, to establish a program to inventory, monitor, and 
 analyze public and private forests and their resources, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 1997

   Mr. Smith of Oregon (for himself, Mr. Stenholm, Mr. Combest, Mr. 
 Bishop, Mr. Callahan, Mrs. Emerson, and Mr. Peterson of Pennsylvania) 
 introduced the following bill; which was referred to the Committee on 
   Agriculture, and in addition to the Committee on Resources, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

                             March 12, 1998

 Additional sponsors: Mr. Peterson of Minnesota, Mr. Deal of Georgia, 
  Mr. Pickering, Mr. Skeen, Mr. Chambliss, Mr. Herger, Mr. Barrett of 
 Nebraska, Mr. Radanovich, Mr. Nethercutt, Mr. Stupak, Mr. Thune, Ms. 
                          Dunn, and Ms. Danner

                             March 12, 1998

       Reported from the Committee on Agriculture with amendments
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             March 12, 1998

Referral to the Committee on Resources extended for a period ending not 
                       later than March 12, 1998

                             March 12, 1998

The Committee on Resources discharged; referred to the Committee of the 
    Whole House on the State of the Union and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                          September 23, 1997]

_______________________________________________________________________

                                 A BILL


 
  To address the declining health of forests on Federal lands in the 
 United States through a program of recovery and protection consistent 
     with the requirements of existing public land management and 
 environmental laws, to establish a program to inventory, monitor, and 
 analyze public and private forests and their resources, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Forest Recovery 
and Protection Act of 1998''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. National Program of Forest Recovery and Protection.
Sec. 5. Scientific Advisory Panel.
Sec. 6. Advance recovery projects.
Sec. 7. Forest Recovery and Protection Fund.
Sec. 8. Authorization of appropriations.
Sec. 9. Audit requirements.
Sec. 10. Forest inventorying and analysis.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) There are tradeoffs in values associated with 
        proactive, passive, or delayed forest management. The values 
        gained by proactive management outweigh the values gained by 
        delayed or passive management of certain Federal forest lands.
            (2) Increases in both the number and severity of wildfire, 
        insect infestation, and disease outbreaks on Federal forest 
        lands are occurring as a result of high tree densities, species 
        composition, and structure that are outside the historic range 
        of variability. These disturbances cause or contribute to 
        significant soil erosion, degradation of air and water quality, 
        loss of watershed values, habitat loss, and damage to other 
        forest resources.
            (3) Serious destruction or degradation of important forest 
        resources occurs in all regions of the United States. 
        Management activities to restore and protect these resources in 
        perpetuity are needed in each region and should be designed to 
        address region-specific needs.
            (4) According to the Chief of the United States Forest 
        Service, between 35 and 40 million of the 191 million acres of 
        Federal forest lands managed by the Forest Service are at an 
        unacceptable risk of destruction by catastrophic wildfire. The 
        condition of these forests can pose a significant threat of 
        destruction to human life and property as well as to the 
        habitat for fish and wildlife (including threatened and 
        endangered species), public recreation areas, timber, 
        watersheds, and other important forest resources.
            (5) Restoration and protection of important forest 
        resources require active forest management involving a range of 
        management activities, including thinning, salvage, prescribed 
        fire (after appropriate thinning), sanitation and other insect 
        and disease control, riparian and other habitat improvement, 
soil stabilization and other water quality improvement, and seedling 
planting and protection.
            (6) Many units of the National Forest System have an 
        increasing backlog of unfunded projects to restore and protect 
        degraded forest resources. Adequate funding, structured so as 
        to maximize the allocation of monies for on-the-ground 
        projects, is needed to address this backlog in an efficient, 
        cost-effective way.
            (7) A comprehensive, nationwide effort is needed to restore 
        and protect important forest resources in an organized, timely, 
        and scientific manner. There should be immediate action to 
        improve the areas of Federal forest lands where serious 
        resource degradation has been thoroughly identified and 
        assessed or where serious resource destruction or degradation 
        by natural disturbance is imminent.
            (8) Congress and the Comptroller General have identified 
        the need to increase agency accountability for achieving 
        measurable results at all levels of government, both in the 
        management of fiscal resources and in carrying out statutory 
        mandates. Additional funding to address the backlog of recovery 
        projects in the National Forest System must, therefore, be 
        accompanied by performance standards and accountability 
        mechanisms that will clearly demonstrate the results achieved 
        by any additional investment of taxpayer dollars.
            (9) Frequent forest inventory and analysis of the status 
        and trends in the conditions of forests and their resources are 
        needed to identify and reverse the destruction or degradation 
        of important forest resources in a timely and effective manner. 
        The present average 12- to 15-year cycle of forest inventory 
        and analysis to comply with existing statutory requirements is 
        too prolonged to provide forest managers with the data 
        necessary to make timely and effective management decisions, 
        particularly decisions responsive to changing forest 
        conditions.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Federal forest lands.--The term ``Federal forest 
        lands'' means lands within the National Forest System.
            (2) Fund.--The terms ``Forest Recovery and Protection 
        Fund'' and ``Fund'' mean the fund established under section 7.
            (3) Implementation date.--The term ``implementation date'' 
        means January 15, 2000, or the first day of the 19th full month 
        following the date of the enactment of this Act, whichever is 
        later. However, if the implementation date under the second 
        option would occur within six months of the next January 15, 
        the Secretary may designate that January 15 as the 
        implementation date.
            (4) Land management plan.--The term ``land management 
        plan'' means a 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 Federal forest lands under the jurisdiction of the 
        Secretary of Agriculture.
            (5) National program.--The term ``national program'' means 
        the National Program of Forest Recovery and Protection required 
        by section 4.
            (6) Overhead expenses.--The terms ``overhead expenses'' and 
        ``overhead'' mean--
                    (A) common services and indirect expenses, as such 
                terms are defined by expense items 1-10 in Appendix E 
                of the United States Forest Service Timber Cost 
                Efficiency Study Final Report, dated April 16, 1993 
                (pages 125-126);
                    (B) direct and indirect general administration 
                expenses, as such terms are identified in Appendix D of 
                the United States Forest Service Forest Management 
                Program Annual Report, Fiscal Year 1996 (FS-614), dated 
                December, 1997 (pages 110-111); and
                    (C) any other cost of line management or program 
                support that cannot be directly attributable to 
                specific projects or programs.
            (7) Recovery area.--The term ``recovery area'' means an 
        area of Federal forest lands, identified by the Secretary under 
        section 4(c)--
                    (A) that has experienced disturbances from 
                wildfires, insect infestations, disease, wind, flood, 
                or other causes, which have caused or contributed to 
                significant soil erosion, degradation of water quality, 
                loss of watershed values, habitat loss, or damage to 
                other forest resources of the area; or
                    (B) in which the forest structure, function, or 
                composition has been altered so as to increase 
                substantially the likelihood of wildfire, insect 
                infestation, or disease in the area and the consequent 
                risks of damage to soils, water quality, watershed 
                values, habitat, and other forest resources from 
                wildfire, insect infestation, disease, wind, flood, or 
                other causes.
            (8) Recovery project.--The term ``recovery project'' means 
        a project designed by the Secretary to improve, restore, or 
protect forest resources within an identified recovery area, including 
thinning, salvage, prescribed fire (after appropriate thinning), 
sanitation and other insect and disease control, riparian and other 
habitat improvement, soil stabilization and other water quality 
improvement, and seedling planting and protection.
            (9) Scientific advisory panel.--The term ``Scientific 
        Advisory Panel'' means the advisory panel appointed under 
        section 5.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.

SEC. 4. NATIONAL PROGRAM OF FOREST RECOVERY AND PROTECTION.

    (a) National Program Required.--Not later than the implementation 
date, the Secretary shall commence a national program to restore and 
protect forest resources located on Federal forest lands in the United 
States through the performance of recovery projects in identified 
recovery areas.
    (b) Standards and Criteria.--
            (1) Initial publication.--Not later than the implementation 
        date, the Secretary shall publish in the Federal Register the 
        standards and criteria to be used for the identification of, 
        and the assignment of management priority rankings to, recovery 
        areas. In establishing the standards and criteria, the 
        Secretary shall consider the standards and criteria recommended 
        by the Scientific Advisory Panel under section 5(f). The 
        Secretary shall include in the Federal Register entry required 
        by this paragraph an explanation of any significant differences 
        between the recommendations of the Scientific Advisory Panel 
        and the standards and criteria actually established by the 
        Secretary.
            (2) Modification.--The Secretary may modify the standards 
        and criteria established pursuant to paragraph (1). Any such 
        modification shall also be published in the Federal Register.
            (3) Effect on existing land management plans.--The 
        standards and criteria established pursuant to paragraph (1), 
        or any modification thereto, shall not amend, revise, replace, 
        or otherwise alter any existing land management plan.
    (c) Identification of Recovery Areas.--
            (1) Allocation of funds; identification and ranking of 
        recovery areas.--For each fiscal year during the national 
        program, the Secretary shall allocate, in accordance with the 
        standards and criteria established and in effect under 
        subsection (b), amounts from the Forest Recovery and Protection 
        Fund to regions of the Forest Service for the purpose of 
        conducting recovery projects in identified recovery areas. In 
        making such allocations, the Secretary shall--
                    (A) identify recovery areas within which allocated 
                amounts should be used to conduct recovery projects; 
                and
                    (B) prioritize recovery areas for the purpose of 
                their receiving allocated amounts.
            (2) Notice required.--On the implementation date, and for 
        each fiscal year during the national program in which the 
        identification or ranking of recovery areas will change, the 
        Secretary shall publish in the Federal Register a notice 
        regarding the determinations required under paragraph (1). The 
        notice shall be published not later than the following:
                    (A) In the case of the initial notice, the 
                implementation date.
                    (B) In the case of each subsequent notice, January 
                15 of each fiscal year after the fiscal year in which 
                the implementation date occurs.
            (3) Requirements for notice.--The annual notice required by 
        paragraph (2) shall include the following:
                    (A) An identification of the recovery areas for 
                which the Secretary has allocated funds under paragraph 
                (1).
                    (B) The prioritization of recovery areas for the 
                purpose of their receiving allocated funds under 
                paragraph (1).
                    (C) The total acreage, nationally and by recovery 
                area, proposed for treatment during the fiscal year 
                using amounts allocated under paragraph (1).
                    (D) A breakdown of the amounts allocated to each 
                region of the Forest Service under paragraph (1).
            (4) Authorized use of funds for multiyear projects.--
        Amounts allocated by the Secretary pursuant to paragraph (1) 
        shall be available, without further allocation by the 
        Secretary, to carry out and administer multiyear recovery 
        projects beyond the fiscal year in which the funds are 
        allocated by the Secretary.
    (d) Selection of Recovery Projects.--
            (1) Selection and final decision required.--Not later than 
        120 days after the date of the publication of the notice 
        required under subsection (c)(2) for a fiscal year, the 
        regional forester (or the designees of the regional forester) 
        in each region in which recovery areas are identified and to 
        which funds are allocated under subsection (c) shall select and 
        render a final decision on the recovery projects to be carried 
        out within each identified recovery area.
            (2) Prohibited project locations.--The regional forester 
        (or the designees of the regional forester) shall not select or 
        implement a recovery project under the authority of this Act in 
        any of the following:
                    (A) Any unit of the National Wilderness 
                Preservation System or any roadless area on Federal 
                forest lands designated by Congress for study for 
                possible inclusion in such system.
                    (B) Any riparian area, late successional reserve, 
                or old growth area within which the implementation of 
                recovery projects is prohibited by the applicable land 
                management plan.
                    (C) Any other area in which the implementation of 
                recovery projects is prohibited by law, a court order, 
                or the applicable land management plan.
    (e) Requirements for Recovery Project Selection.--In selecting 
recovery projects as required under subsection (d), the regional 
forester (or the designees of the regional forester) in each region 
shall--
            (1) identify for each recovery project the total acreage 
        requiring treatment, the estimated cost of preparation and 
        implementation, and the estimated project duration;
            (2) ensure that the total acreage in a recovery area to be 
        treated by recovery projects during the fiscal year is not less 
        than the total acreage identified by the Secretary under 
        subsection (c)(3)(C) for that recovery area;
            (3) consider the economic benefits to be provided to local 
        communities as a result of each recovery project, but only to 
        the extent that such considerations are consistent with the 
        standards and criteria for recovery areas established and in 
        effect under subsection (b) and the priorities established by 
        the ranking of recovery areas under subsection (c);
            (4) ensure that each recovery project is consistent with 
        the land management plan applicable to the recovery area within 
        which the recovery project will be conducted; and
            (5) ensure that each recovery project is designed to be 
        implemented in the most cost-effective manner, except that a 
        recovery project is not precluded simply because the cost of 
        preparing and implementing the recovery project is likely to 
        exceed the revenue derived from the recovery project.
    (f) Petition Process.--
            (1) Request for identification as recovery area.--Not later 
        than 180 days after the implementation date, any interested 
        person may petition the Secretary to identify a specific area 
        of Federal forest lands as a recovery area for which funds 
        should be allocated pursuant to subsection (c). Each area 
        specified in such a petition must be at least one thousand 
        acres in size.
            (2) Content.--The petition shall contain a reasonably 
        precise description of the boundaries of the area included in 
        the petition and the reasons why the petitioner believes the 
        area meets the standards and criteria, established pursuant to 
        subsection (b), required for identification as a recovery area.
            (3) Notice and comment.--Not later than 210 days after the 
        implementation date, the Secretary shall publish in the Federal 
        Register a notice of the availability of the petitions filed 
        with the Secretary pursuant to paragraph (1) for public 
        comment. During the 30-day period beginning on the date the 
        notice is published, the Secretary shall accept comments on the 
        petitions.
            (4) Determination.--If the Secretary determines that an 
        area described in a petition under this subsection warrants 
        identification as a recovery area, the Secretary shall include 
        the area in the list of recovery areas identified in the first 
        notice prepared under subsection (c) after the implementation 
        date. If the Secretary determines that the area does not 
        warrant identification as a recovery area, the Secretary shall 
        provide the reasons therefor in that same Federal Register 
        entry.
    (g) Annual Report to Congress.--
            (1) Report required.--Not later than the implementation 
        date, and each January 15 thereafter, the Secretary shall 
        submit to Congress a report on the allocation of funds and the 
        identification and ranking of recovery areas required under 
        subsection (c).
            (2) Report contents.--Each report required by paragraph (1) 
        shall include the following:
                    (A) An identification of, and justification for, 
                the recovery areas for which the Secretary has 
                allocated funds under subsection (c).
                    (B) The prioritization of recovery areas for the 
                purpose of their receiving allocated funds under 
                subsection (c).
                    (C) The total acreage, nationally and by recovery 
                area, requiring treatment by recovery projects during 
                the fiscal year using amounts allocated under 
                subsection (c).
                    (D) A breakdown of the amounts allocated to each 
                region of the Forest Service under subsection (c).
            (3) Additional requirements.--After the initial report 
        required by paragraph (1), each subsequent report shall also 
        include the following:
                    (A) A list, by recovery area, of the recovery 
                projects selected during the prior fiscal year 
                including, for each recovery project, the following:
                            (i) A description of the management 
                        objectives of the project.
                            (ii) The total acreage requiring treatment, 
                        the estimated cost of preparation and 
                        implementation, and the estimated project 
                        duration.
                            (iii) The total acreage treated by the 
                        recovery project during the fiscal year.
                            (iv) The projected economic benefits (if 
                        any) the project will provide to local 
                        communities.
                    (B) A list, by recovery area, of the recovery 
                projects completed during the prior fiscal year 
                including, for each recovery project, a comparison of 
                the following:
                            (i) The projected and actual management 
                        objectives achieved by the project.
                            (ii) The projected and actual preparation 
                        and implementation costs of the project.
                            (iii) The projected and actual economic 
                        benefits to local communities provided by the 
                        project.
                    (C) An explanation of the following:
                            (i) Why final decisions on any recovery 
                        projects selected during the prior fiscal year 
                        were not rendered within the timeframe required 
                        under subsection (d)(1) and an accounting of 
                        the steps taken by the Secretary relative to 
                        the projects pursuant to the requirements of 
                        section 7(d); and
                            (ii) Why any recovery projects were not 
                        begun, undertaken, or completed as scheduled.
                    (D) A description of any additional resources or 
                authorities needed by the Secretary to implement and 
                carry out the national program in an efficient and 
                cost-effective manner.
            (4) Notice of availability.--The Federal Register entry 
        required for each fiscal year under subsection (c)(2) shall 
        contain a notice of availability of the most-recent report to 
        Congress required by this subsection.
    (h) Exceptions to Agency Action.--For purposes of implementing or 
carrying out this Act, the following activities do not constitute 
agency action:
            (1) The establishment and publication in the Federal 
        Register of standards and criteria to be used for the 
        identification of, and the assignment of management priority 
        rankings to, recovery areas under subsection (b).
            (2) The allocation of amounts from the Forest Recovery and 
        Protection Fund, the identification and ranking of recovery 
        areas, and the publication of notice in the Federal Register 
        under subsection (c).
            (3) The preparation and submission of the annual reports to 
        Congress under subsection (g) and section 6(e).
    (i) Administrative Appeals.--Section 322 of the Department of the 
Interior and Related Agencies Appropriations Act, 1993 (Public Law 102-
381; 16 U.S.C. 1612 note), shall apply with respect to actions 
undertaken to implement this Act, including the final decision 
selecting recovery projects, except that the administrative stay 
required by subsection (e) of that section shall apply only to the 
specific recovery project or projects that are the subject of the 
administrative appeal.

SEC. 5. SCIENTIFIC ADVISORY PANEL.

    (a) Establishment.--There is established a panel of scientific 
advisers to the Secretary to be known as the ``Scientific Advisory 
Panel''.
    (b) Composition of Panel.--
            (1) Appointment from list of experts.--The Scientific 
        Advisory Panel shall consist of 11 members appointed as 
        provided in subsection (c) from a list, to be prepared by the 
        National Academy of Sciences, that consists of--
                    (A) persons with expertise in the natural sciences 
                who, through the publication of peer-reviewed 
                scientific literature have demonstrated expertise in 
                matters relevant to forest resource management; and
                    (B) State foresters (or persons with similar 
                managerial expertise) who, through the publication of 
                peer-reviewed scientific literature or other similar 
                evidence of significant scientific or professional 
                accomplishment, have demonstrated expertise in matters 
                relevant to forest resource management.
            (2) Preparation of list.--The National Academy of Sciences 
        shall prepare the list required by paragraph (1) not later than 
        30 days after the date of the enactment of this Act. In the 
        preparation of the list, the National Academy of Sciences shall 
        consult with scientific and professional organizations whose 
        members have relevant experience in forest resource management.
    (c) Appointment Process.--The members of the Scientific Advisory 
Panel shall be selected from the list described in subsection (b) as 
follows:
            (1) One member appointed by the Chairman of the Committee 
        on Agriculture of the House of Representatives, in consultation 
        with the ranking minority member of the Committee.
            (2) One member appointed by the Chairman of the Committee 
        on Resources of the House of Representatives, in consultation 
        with the ranking minority member of the Committee.
            (3) One member appointed by the Chairman of the Committee 
        on Agriculture, Nutrition, and Forestry of the Senate, in 
        consultation with the ranking minority member of the Committee.
            (4) One member appointed by the Chairman of the Committee 
        on Energy and Natural Resources of the Senate, in consultation 
        with the ranking minority member of the Committee.
            (5) Three members appointed by the Secretary.
            (6) Four members appointed by the National Academy of 
        Sciences.
    (d) Administrative Matters.--
            (1) Time for appointment.--Appointments of members of the 
        Scientific Advisory Panel shall be made as follows:
                    (A) The appointment of members under paragraphs (1) 
                through (4) of subsection (c) shall be made within 30 
                days after the date on which the list described in 
                subsection (b) is first made available.
                    (B) The appointment of members under paragraphs (5) 
                and (6) of subsection (c) shall begin after the 
                appointments required under paragraphs (1) through (4) 
                of such subsection have been made so that the persons 
                making the appointments under paragraphs (5) and (6) of 
                such subsection can ensure that the requirement 
                specified in subsection (e) for a balanced 
                representation of scientific disciplines on the 
                Scientific Advisory Panel is satisfied. The 
                appointments shall be completed within 60 days after 
                the date on which the list described in subsection (b) 
                is first made available.
            (2) Term and vacancies.--A member of the Scientific 
        Advisory Panel shall be appointed for a term beginning on the 
        date of the appointment and ending on the implementation date. 
        A vacancy on the Scientific Advisory Panel shall be filled 
        within 30 days in the manner in which the original appointment 
        was made.
            (3) Commencement of activity.--The Scientific Advisory 
        Panel may commence its duties under subsection (f) as soon as 
        at least eight of the members have been appointed under 
        subsection (c). At the initial meeting, the members of the 
        Scientific Advisory Panel shall select one member to serve as 
        chairperson.
            (4) Conflict of interests.--A person may not serve as a 
        member of the Scientific Advisory Panel if the member has a 
        conflict of interest with regard to any of the duties to be 
        performed by the Scientific Advisory Panel under subsection 
        (f). Decisions regarding the existence of a conflict of 
        interest shall be made by the Scientific Advisory Panel.
    (e) Balanced Representation of Scientific Disciplines.--The 
Scientific Advisory Panel shall include at least one representative of 
each of the following:
            (1) Hydrologist.
            (2) Wildlife biologist.
            (3) Fisheries biologist.
            (4) Entomologist or pathologist.
            (5) Fire ecologist.
            (6) Silviculturist.
            (7) Economist.
            (8) Soil scientist.
            (9) State forester or person with similar managerial 
        expertise.
    (f) Duties In Connection With Implementation.--During the period 
beginning on the initial meeting of the Scientific Advisory Panel and 
ending on the implementation date, the Scientific Advisory Panel shall 
be responsible for the following:
            (1) The preparation and submission to the Secretary and the 
        Congress of recommendations regarding the standards and 
        criteria that should be used to identify recovery areas and 
        rank them in the order in which they should host recovery 
        projects.
            (2) The preparation of and submission to the Secretary and 
        the Congress of a monitoring plan for the national program of 
        sufficient duration to determine the long-term impacts of the 
        national program.
    (g) Considerations.--In the development of its recommendations 
under subsection (f), the Scientific Advisory Panel shall--
            (1) consult as appropriate with region-specific scientific 
        experts in forest ecology, hydrology, wildlife biology, 
        entomology, pathology, soil science, economics, social 
        sciences, and other appropriate scientific disciplines;
            (2) consider the most current peer-reviewed scientific 
        literature regarding the duties undertaken by the Panel; and
            (3) incorporate information gathered during the 
        implementation of the advance recovery projects required under 
        section 6.
    (h) Allocation of Forest Service Personnel.--The Forest Service 
shall allocate administrative support staff to the Scientific Advisory 
Panel to assist the Panel in the performance of its duties as outlined 
in this section.
    (i) Federal Advisory Committee Act Compliance.--The Scientific 
Advisory Panel shall be subject to sections 10 through 14 of the 
Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 6. ADVANCE RECOVERY PROJECTS.

    (a) Selection of Advance Projects.--During the 18-month period 
beginning on the date of the enactment of this Act, the Secretary shall 
allocate amounts from the Forest Recovery and Protection Fund to Forest 
Service regions for the purpose of conducting a limited number (as 
determined by the Secretary) of advance recovery projects on Federal 
forest lands. The regional foresters of the Forest Service (or the 
designees of the regional foresters) shall select the advance recovery 
projects to be carried out under this section. However, the selection 
of an advance recovery project in a State shall be made in consultation 
with the State forester of that State. The Secretary shall publish a 
list of selected advance recovery projects (including the 
determinations required under section 4(e)(1)) in the Federal Register 
within the time period specified in subsection (c).
    (b) Selection Criteria.--In selecting advance recovery projects, 
the regional foresters (and their designees) shall comply with the 
requirements of subsections (d)(2) and (e) of section 4 applicable to 
the selection of recovery projects under the national program. Priority 
shall be given to projects on those Federal forest lands--
            (1) where the Regional Forester (in consultation with the 
        appropriate State forester) has identified a significant risk 
        of loss to human life and property or serious resource 
        degradation or destruction due to wildfire, disease epidemic, 
        severe insect infestation, wind, flood, or other causes; or
            (2) for which thorough forest resource assessments have 
        been completed, including Federal forest lands in the Pacific 
        Northwest, the Interior Columbia Basin, the Sierra Nevada, the 
        Southern Appalachian Region, and the northern forests of Maine, 
        Vermont, New Hampshire, and New York.
    (c) Time Periods for Selection and Implementation.--Final selection 
of advance recovery projects shall be completed within the 90-day 
period beginning on the date of the enactment of this Act, and the 
Secretary shall publish the list of selected advance recovery projects 
in the Federal Register by the end of that period. An advance recovery 
project shall be initiated (if the project is to be conducted by 
Federal employees) or awarded (if the project is to be conducted by an 
outside party) within 180 days after the date of the enactment of this 
Act.
    (d) Effect of Failure To Comply With Time Periods.--If an advance 
recovery project is not selected, initiated, or awarded within the time 
periods specified in subsection (c), the Secretary may not use amounts 
in the Forest Recovery and Protection Fund to carry out the project and 
shall promptly reimburse the Fund for any expenditures previously made 
from the Fund in connection with the project.
    (e) Reporting Requirements.--Not later than the implementation 
date, and annually thereafter until completion of all advance recovery 
projects, the Secretary shall submit to Congress a report on the 
implementation of advance recovery projects. The report shall consist 
of a description of the accomplishments of each advance recovery 
project and incorporate the requirements of paragraphs (2) and (3) of 
section 4(g).
    (f) Rulemaking.--No new rulemaking is required in order for the 
Secretary to carry out this section.

SEC. 7. FOREST RECOVERY AND PROTECTION FUND.

    (a) Establishment.--There is established on the books of the 
Treasury a fund to be known as the ``Forest Recovery and Protection 
Fund''. The Chief of the Forest Service shall be responsible for 
administering the Fund.
    (b) Credits to Fund.--There shall be credited to the Fund the 
following:
            (1) Amounts authorized for and appropriated to the Fund.
            (2) Unobligated amounts in the roads and trails fund 
        provided for in the fourteenth paragraph under the heading 
        ``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 
        16 U.S.C. 501) as of the date of the enactment of this Act, and 
        all amounts which would otherwise be deposited in such fund 
        after such date.
            (3) Subject to subsection (f), the Federal share of 
        revenues generated by recovery projects undertaken pursuant to 
        sections 4 and 6.
            (4) Amounts required to be reimbursed to the Fund under 
        subsection (d).
    (c) Use of Fund.--During the time period specified under section 
8(a), amounts in the Fund shall be available to the Secretary, without 
further appropriation, to carry out the national program, to plan, 
carry out, and administer recovery projects under sections 4 and 6 
(including defraying costs incurred by State foresters in the 
identification of advance recovery projects), and to administer the 
Scientific Advisory Panel.
    (d) Effect of Failure To Comply With Annual Deadlines.--
            (1) Prohibition on use of fund.--The Secretary may not use 
        amounts in the Fund--
                    (A) to allocate monies to regions of the Forest 
                Service during a fiscal year under subsection (c)(1) of 
                section 4, if the deadlines specified under subsection 
                (c)(2) or (g)(1) of such section are not met for that 
                fiscal year; or
                    (B) to carry out a recovery project, if the final 
                decision on the recovery project is not rendered within 
                the time period specified in subsection (d)(1) of such 
                section.
            (2) Fund reimbursement.--If the deadlines referred to in 
        paragraph (1)(A) are not met for a particular fiscal year, the 
        Secretary shall promptly reimburse the Fund for any 
        expenditures previously made from the Fund in connection with 
        the allocation of monies to regions of the Forest Service 
        during that fiscal year. If the time periods referred to in 
        paragraph (1)(B) are not met for a particular recovery project, 
        the Secretary shall promptly reimburse the Fund for any 
        expenditures previously made to carry out that recovery 
        project.
    (e) Limitation on Overhead Expenses.--
            (1) Overhead expenses.--The Secretary shall not allocate or 
        assign overhead expenses to the Fund or to any of the 
        activities or programs authorized by sections 4 through 9.
            (2) Scientific advisory panel.--The Secretary may allocate 
        up to $1,000,000 from the Fund to finance the operation of the 
        Scientific Advisory Panel.
    (f) Treatment of Revenues as Moneys Received.--Revenues generated 
by recovery projects undertaken pursuant to sections 4 and 6 shall be 
considered to be money received for purposes of the sixth paragraph 
under the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (35 
Stat. 260; 16 U.S.C. 500), and section 13 of the Act of March 1, 1911 
(36 Stat. 963; commonly known as the Weeks Act; 16 U.S.C. 500).
    (g) Conforming Amendment.--The fourteenth paragraph under the 
heading ``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 
16 U.S.C. 501), is amended by adding at the end the following new 
sentence: ``During the term of the Forest Recovery and Protection Fund, 
as established by section 7 of the Forest Recovery and Protection Act 
of 1998, amounts reserved under the authority of this paragraph shall 
be deposited into that Fund.''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the provisions 
of this Act for the fiscal year in which this Act is enacted and each 
fiscal year thereafter through September 30, 2005, or September 30 of 
the fifth full fiscal year following the implementation date, whichever 
is later.
    (b) Deposit in Fund.--All sums appropriated pursuant to this 
section shall be deposited in the Forest Recovery and Protection Fund.
    (c) Effect on Existing Projects.--Any contract regarding a recovery 
project entered into before the end of the final fiscal year specified 
in subsection (a), and still in effect at the end of such fiscal year, 
shall remain in effect until completed pursuant to the terms of the 
contract.

SEC. 9. AUDIT REQUIREMENTS.

    (a) Annual Report Verification.--At the request of any committee 
chairman identified in section 5(c), the Comptroller General shall 
submit to Congress a report assessing the accuracy of an annual report 
prepared by the Secretary pursuant to section 4(g). The Comptroller 
General's report shall be completed as soon as practicable following 
the date of the publication by the Secretary of the annual report for 
which the request under this subsection was made.
    (b) National Program Audit.--At the request of any committee 
chairman identified in section 5(c), the Comptroller General shall 
conduct an audit of the national program at the end of the fourth full 
fiscal year following the implementation date.
    (c) Elements of Audit.--The audit under subsection (b) shall 
include an analysis of the following:
            (1) Whether advance recovery projects, the national 
        program, and the administration of the Forest Recovery and 
        Protection Fund were carried out in a manner consistent with 
        the provisions of this Act.
            (2) The impact of the advance recovery projects conducted 
        under section 6 on the development and implementation of the 
        national program.
            (3) The extent to which the recommendations of the 
        Scientific Advisory Panel were used to develop and implement 
        the national program.
            (4) The current and projected future financial status of 
        the Forest Recovery and Protection Fund.
            (5) Any cost savings or efficiencies achieved under the 
        national program.
            (6) Any other aspect of the implementation of this Act 
        considered appropriate by the chairman or chairmen requesting 
        the audit.

SEC. 10. FOREST INVENTORY AND ANALYSIS.

    (a) Program Required.--The Secretary shall establish a program to 
inventory and analyze, in a timely manner, public and private forests 
in the United States.
    (b) Annual State Inventory.--Subject to subsection (c), not later 
than the end of each full fiscal year beginning after the date of the 
enactment of this Act, the Secretary shall prepare for each State, in 
cooperation with the State forester for that State, an inventory of the 
forests in that State. For purposes of preparing the inventory for a 
State, the Secretary shall measure annually 20 percent of all sample 
plots that are included in the inventory program for that State. Upon 
completion of each annual inventory, the Secretary shall make available 
to the public a compilation of all data collected from the year's 
measurements of sample plots and any analysis of such samples.
    (c) Modifications.--At the request of the State forester (or 
equivalent State officer) of a State, the Secretary may modify for that 
State the time interval for preparing forest inventories, the 
percentage of sample plots to be measured annually, or the requirements 
for making data available to the public required under subsection (b), 
except that 100 percent of the sample plots in the inventory program 
for that State shall be measured, appropriate analysis of such samples 
shall be conducted, and corresponding data shall be compiled during the 
time intervals described in subsection (d).
    (d) 5-Year Reports.--At intervals not greater than every five full 
fiscal years after the date of the enactment of this Act, the Secretary 
shall prepare, publish, and make available to the public a report, 
prepared in cooperation with State foresters, that--
            (1) contains a description of each State inventory of 
        forests, incorporating all sample plot measurements conducted 
        during the five years covered by the report;
            (2) displays and analyzes on a nationwide basis the results 
        of the State reports required by subsection (b); and
            (3) contains an analysis of forest health conditions and 
        trends over the previous two decades, with an emphasis on such 
        conditions and trends during the period subsequent to the 
        immediately preceding report under this subsection.
    (e) National Standards and Definitions.--To ensure uniform and 
consistent data collection for all public and private forest ownerships 
and each State, the Secretary shall develop, in consultation with State 
foresters and Federal land management agencies not within the 
jurisdiction of the Secretary, and publish national standards and 
definitions to be applied in inventorying and analyzing forests under 
this section. The standards shall include a core set of variables to be 
measured on all sample plots under subsection (b) and a standard set of 
tables to be included in the reports under subsection (d).
    (f) Protection for Private Property Rights.--The Secretary shall 
obtain written authorization from property owners prior to collecting 
data from sample plots located on private property pursuant to 
subsections (b) and (c). Nothing in this section shall be construed to 
authorize the Secretary (directly or through the use of State foresters 
or other persons) to regulate privately held forest lands, the use of 
privately held forest lands, or the resources located on privately held 
forest lands.
    (g) Strategic Plan.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall prepare and submit to 
Congress a strategic plan to implement and carry out this section, 
including the annual updates required by subsection (b), any 
modifications made pursuant to subsection (c), and the reports required 
by subsection (d). The strategic plan shall describe in detail the 
following:
            (1) The financial resources required to implement and carry 
        out this section, including the identification of any resources 
        required in excess of the amounts provided for forest 
        inventorying and analysis in recent appropriations Acts.
            (2) The personnel necessary to implement and carry out this 
        section, including any personnel in addition to personnel 
        currently performing inventorying and analysis functions.
            (3) The organization and procedures necessary to implement 
        and carry out this section, including proposed coordination 
        with Federal land management agencies and State foresters.
            (4) The schedules for annual sample plot measurements in 
        each State inventory required by subsection (b), as modified 
        for that State under subsection (c), within the first five-year 
        interval after the date of the enactment of this Act.
            (5) The core set of variables to be measured in each sample 
        plot under subsections (b) and (c) and the standard set of 
        tables to be used in each State and national report under 
        subsection (d).
            (6) The process for employing, in coordination with the 
        Department of Energy and the National Aeronautics and Space 
        Administration, remote sensing, global positioning systems, and 
        other advanced technologies to carry out this section, and the 
        subsequent use of such technologies.
            Amend the title so as to read: ``A bill to address the 
        destruction and degradation of important forest resources on 
        Federal lands in the United States through a program of 
        recovery and protection consistent with the requirements of 
        existing public land management and environmental laws, to 
        establish a program to inventory, monitor, and analyze public 
        and private forests, and for other purposes.''.