[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1058 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1058

 To amend the National Forest Management Act of 1976 to prohibit below-
           cost timber sales in the Shawnee National Forest.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 1997

  Mr. Durbin introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the National Forest Management Act of 1976 to prohibit below-
           cost timber sales in the Shawnee National Forest.

    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 ``Taxpayer and Shawnee National Forest 
Protection Act''.

SEC. 2. PROHIBITION OF BELOW-COST TIMBER SALES IN THE SHAWNEE NATIONAL 
              FOREST.

    (a) In General.--Section 14 of the National Forest Management Act 
of 1976 (16 U.S.C. 472a) is amended by adding at the end the following:
    ``(j) Prohibition of Below-Cost Timber Sales in the Shawnee 
National Forest.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Below-cost sale.--The term `below-cost sale' 
                means a sale of timber from which the expected cost of 
                making timber available for sale are greater than the 
                anticipated revenues from the sale.
                    ``(B) Cost.--The term `cost of making timber 
                available for sale' includes the costs incurred for 
                sale preparation, harvest administration, timber 
                resource planning, silvicultural examination, road 
                design and construction (including road base, road 
                surface, culverts, and bridges), road maintenance, 
                transportation planning, reforestation, timber stand 
                improvement, forest genetics tree improvement, timber 
                program general administration, facilities 
                construction, payments to counties, and a portion of 
                timber program expenses for the national and regional 
                offices of the Forest Service allocated to the Shawnee 
                National Forest on the basis of harvest volume.
                    ``(C) Revenue.--The term `revenue' means amounts 
                deposited in the Treasury of the United States.
            ``(2) Prohibition.--The Secretary of Agriculture shall not 
        make a below-cost sale of timber for commodity purposes 
        produced on land in the Shawnee National Forest.''.
    (b) Applicability of Amendment.--
            (1) In general.--The amendment made by subsection (a) takes 
        effect on October 1, 1997.
            (2) Pending solicitations.--The amendment made by 
        subsection (a) does not prohibit the Secretary of Agriculture 
        from entering into a below-cost sale of timber for commodity 
        purposes produced on land in the Shawnee National Forest if the 
        Secretary determines that a prospective contractor has incurred 
        substantial bid preparation costs in response to a solicitation 
        for bids for the sale issued by the Secretary before the date 
        of enactment of this Act.
                                 <all>