[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1079 Engrossed Amendment House (EAH)]


  1st Session

                                S. 1079

_______________________________________________________________________

                               AMENDMENTS
                In the House of Representatives, U. S.,

                                                     November 12, 1997.

    Resolved, That the bill from the Senate (S. 1079) entitled ``An Act to 
permit the mineral leasing of Indian land located within the Fort Berthold 
Indian Reservation in any case in which there is consent from a majority 
interest in the parcel of land under consideration for lease.'', do pass with 
the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. LEASES OF ALLOTTED LANDS OF THE FORT BERTHOLD INDIAN 
              RESERVATION.

    (a) In General.--
            (1) Definitions.--In this section:
                    (A) Indian land.--The term ``Indian land'' means an 
                undivided interest in a single parcel of land that--
                            (i) is located within the Fort Berthold 
                        Indian Reservation in North Dakota; and
                            (ii) is held in trust or restricted status 
                        by the United States.
                    (B) Individually owned indian land.--The term 
                ``individually owned Indian land'' means Indian land 
                that is owned by 1 or more individuals.
                    (C) Secretary.--The term ``Secretary'' means the 
                Secretary of the Interior.
            (2) Effect of approval by secretary of the interior.--
                    (A) In general.--The Secretary may approve any 
                mineral lease or agreement that affects individually 
                owned Indian land, if--
                            (i) the owners of a majority of the 
                        undivided interest in the Indian land that is 
                        the subject of the mineral lease or agreement 
                        (including any interest covered by a lease or 
                        agreement executed by the Secretary under 
                        paragraph (3)) consent to the lease or 
                        agreement; and
                            (ii) the Secretary determines that 
                        approving the lease or agreement is in the best 
                        interest of the Indian owners of the Indian 
                        land.
                    (B) Effect of approval.--Upon the approval by the 
                Secretary under subparagraph (A), the lease or 
                agreement shall be binding, to the same extent as if 
                all of the Indian owners of the Indian land involved 
                had consented to the lease or agreement, upon--
                            (i) all owners of the undivided interest in 
                        the Indian land subject to the lease or 
                        agreement (including any interest owned by an 
                        Indian tribe); and
                            (ii) all other parties to the lease or 
                        agreement.
                    (C) Distribution of proceeds.--The proceeds derived 
                from a lease or agreement that is approved by the 
                Secretary under subparagraph (A) shall be distributed 
                to all owners of the Indian land that is subject to the 
                lease or agreement in accordance with the interest 
                owned by each such owner.
            (3) Execution of lease or agreement by secretary.--The 
        Secretary may execute a mineral lease or agreement that affects 
        individually owned Indian land on behalf of an Indian owner 
        if--
                    (A) that owner is deceased and the heirs to, or 
                devisees of, the interest of the deceased owner have 
                not been determined; or
                    (B) the heirs or devisees referred to in 
                subparagraph (A) have been determined, but 1 or more of 
                the heirs or devisees cannot be located.
            (4) Public auction or advertised sale not required.--It 
        shall not be a requirement for the approval or execution of a 
        lease or agreement under this subsection that the lease or 
        agreement be offered for sale through a public auction or 
        advertised sale.
    (b) Rule of Construction.--This Act supersedes the Act of March 3, 
1909 (35 Stat. 783, chapter 263; 25 U.S.C. 396) only to the extent 
provided in subsection (a).

SEC. 2. PILOT PROJECT FOR PLUMAS, LASSEN, AND TAHOE NATIONAL FORESTS TO 
              IMPLEMENT QUINCY LIBRARY GROUP PROPOSAL.

    (a) Definition.--For purposes of this section, the term ``Quincy 
Library Group-Community Stability Proposal'' means the agreement by a 
coalition of representatives of fisheries, timber, environmental, 
county government, citizen groups, and local communities that formed in 
northern California to develop a resource management program that 
promotes ecologic and economic health for certain Federal lands and 
communities in the Sierra Nevada area. Such proposal includes the map 
entitled ``QUINCY LIBRARY GROUP Community Stability Proposal'', dated 
October 12, 1993, and prepared by VESTRA Resources of Redding, 
California.
    (b) Pilot Project Required.--
            (1) Pilot project and purpose.--The Secretary of 
        Agriculture (in this section referred to as the ``Secretary''), 
        acting through the Forest Service and after completion of an 
        environmental impact statement (a record of decision for which 
        shall be adopted within 300 days), shall conduct a pilot 
        project on the Federal lands described in paragraph (2) to 
        implement and demonstrate the effectiveness of the resource 
        management activities described in subsection (d) and the other 
        requirements of this section, as recommended in the Quincy 
        Library Group-Community Stability Proposal.
            (2) Pilot project area.--The Secretary shall conduct the 
        pilot project on the Federal lands within Plumas National 
        Forest, Lassen National Forest, and the Sierraville Ranger 
        District of Tahoe National Forest in the State of California 
        designated as ``Available for Group Selection'' on the map 
        entitled ``QUINCY LIBRARY GROUP Community Stability Proposal'', 
        dated October 12, 1993 (in this section referred to as the 
        ``pilot project area''). Such map shall be on file and 
        available for inspection in the appropriate offices of the 
        Forest Service.
    (c) Exclusion of Certain Lands, Riparian Protection and 
Compliance.--
            (1) Exclusion.--All spotted owl habitat areas and protected 
        activity centers located within the pilot project area 
        designated under subsection (b)(2) will be deferred from 
        resource management activities required under subsection (d) 
        and timber harvesting during the term of the pilot project.
            (2) Riparian protection.--
                    (A) In general.--The Scientific Analysis Team 
                guidelines for riparian system protection described in 
                subparagraph (B) shall apply to all resource management 
                activities conducted under subsection (d) and all 
                timber harvesting activities that occur in the pilot 
                project area during the term of the pilot project.
                    (B) Guidelines described.--The guidelines referred 
                to in subparagraph (A) are those in the document 
                entitled ``Viability Assessments and Management 
                Considerations for Species Associated with Late-
                Successional and Old-Growth Forests of the Pacific 
                Northwest'', a Forest Service research document dated 
                March 1993 and co-authored by the Scientific Analysis 
                Team, including Dr. Jack Ward Thomas.
                    (C) Limitation.--Nothing in this section shall be 
                construed to require the application of the Scientific 
                Analysis Team guidelines to any livestock grazing in 
                the pilot project area during the term of the pilot 
                project, unless the livestock grazing is being 
                conducted in the specific location at which the 
                Scientific Analysis Team guidelines are being applied 
                to an activity under subsection (d).
            (3) Compliance.--All resource management activities 
        required by subsection (d) shall be implemented to the extent 
        consistent with applicable Federal law and the standards and 
        guidelines for the conservation of the California spotted owl 
        as set forth in the California Spotted Owl Sierran Provence 
        Interim Guidelines or the subsequently issued guidelines, 
        whichever are in effect.
            (4) Roadless area protection.--The Regional Forester for 
        Region 5 shall direct that any resource management activity 
        required by subsection (d)(1) and (2), all road building, all 
        timber harvesting activities, and any riparian management under 
        subsection (d)(4) that utilizes road construction or timber 
        harvesting shall not be conducted on Federal lands within the 
        Plumas National Forest, Lassen National Forest, and the 
        Sierraville Ranger District of the Tahoe National Forest that 
        are designated as either ``Off Base'' or ``Deferred'' on the 
        map referred to in subsection (a). Such direction shall be 
        effective during the term of the pilot project.
    (d) Resource Management Activities.--During the term of the pilot 
project, the Secretary shall implement and carry out the following 
resource management activities on an acreage basis on the Federal lands 
included within the pilot project area designated under subsection 
(b)(2):
            (1) Fuelbreak construction.--Construction of a strategic 
        system of defensible fuel profile zones, including shaded 
        fuelbreaks, utilizing thinning, individual tree selection, and 
        other methods of vegetation management consistent with the 
        Quincy Library Group-Community Stability Proposal, on not less 
        than 40,000, but not more than 60,000, acres per year.
            (2) Group selection and individual tree selection.--
        Utilization of group selection and individual tree selection 
        uneven-aged forest management prescriptions described in the 
        Quincy Library Group-Community Stability Proposal to achieve a 
        desired future condition of all-age, multistory, fire resilient 
        forests as follows:
                    (A) Group selection.--Group selection on an average 
                acreage of .57 percent of the pilot project area land 
                each year of the pilot project.
                    (B) Individual tree selection.--Individual tree 
                selection may also be utilized within the pilot project 
                area.
            (3) Total acreage.--The total acreage on which resource 
        management activities are implemented under this subsection 
        shall not exceed 70,000 acres each year.
            (4) Riparian management.--A program of riparian management, 
        including wide protection zones and riparian restoration 
        projects, consistent with riparian protection guidelines in 
        subsection (c)(2)(B).
    (e) Cost-Effectiveness.--In conducting the pilot project, Secretary 
shall use the most cost-effective means available, as determined by the 
Secretary, to implement resource management activities described in 
subsection (d).
    (f) Funding.--
            (1) Source of funds.--In conducting the pilot project, the 
        Secretary shall use, subject to the relevant reprogramming 
        guidelines of the House and Senate Committees on 
        Appropriations--
                    (A) those funds specifically provided to the Forest 
                Service by the Secretary to implement resource 
                management activities according to the Quincy Library 
                Group-Community Stability Proposal; and
                    (B) year-end excess funds that are allocated for 
                the administration and management of Plumas National 
                Forest, Lassen National Forest, and the Sierraville 
                Ranger District of Tahoe National Forest.
            (2) Prohibition on use of certain funds.--The Secretary may 
        not conduct the pilot project using funds appropriated for any 
        other unit of the National Forest System.
            (3) Flexibility.--Subject to normal reprogramming 
        guidelines, during the term of the pilot project, the forest 
        supervisors of Plumas National Forest, Lassen National Forest, 
        and Tahoe National Forest may allocate and use all accounts 
        that contain year-end excess funds and all available excess 
        funds for the administration and management of Plumas National 
        Forest, Lassen National Forest, and the Sierraville Ranger 
        District of Tahoe National Forest to perform the resource 
        management activities described in subsection (d).
            (4) Restriction.--The Secretary or the forest supervisors, 
        as the case may be, shall not utilize authority provided under 
        paragraphs (1)(B) and (3) if, in their judgment, doing so will 
        limit other nontimber related multiple use activities for which 
        such funds were available.
            (5) Overhead.--The Secretary shall seek to ensure that of 
        amounts available to carry out this section--
                    (A) not more than 12 percent is used or allocated 
                for general administration or other overhead; and
                    (B) at least 88 percent is used to implement and 
                carry out activities required by this section.
            (6) Authorized supplemental funds.--There are authorized to 
        be appropriated to implement and carry out the pilot project 
        such sums as are necessary.
            (7) Baseline funds.--Amounts available for resource 
        management activities authorized under subsection (d) shall at 
        a minimum include existing baseline funding levels.
    (g) Term of Pilot Project.--The Secretary shall conduct the pilot 
project until the earlier of: (1) the date on which the Secretary 
completes amendment or revision of the land and resource management 
plans directed under and in compliance with subsection (i) for the 
Plumas National Forest, Lassen National Forest, and Tahoe National 
Forest; or (2) five years after the date of the commencement of the 
pilot project.
    (h) Consultation.--(1) The statement required by subsection (b)(1) 
shall be prepared in consultation with interested members of the 
public, including the Quincy Library Group.
    (2) Contracting.--The Forest Service, subject to the availability 
of appropriations, may carry out any (or all) of the requirements of 
this section using private contracts.
    (i) Corresponding Forest Plan Amendments.--Within 2 years after the 
date of the enactment of this Act, the Regional Forester for Region 5 
shall initiate the process to amend or revise the land and resource 
management plans for Plumas National Forest, Lassen National Forest, 
and Tahoe National Forest. The process shall include preparation of at 
least one alternative that--
            (1) incorporates the pilot project and area designations 
        made by subsection (b), the resource management activities 
        described in subsection (d), and other aspects of the Quincy 
        Library Group-Community Stability Proposal; and
            (2) makes other changes warranted by the analyses conducted 
        in compliance with section 102(2) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)), section 6 of the Forest 
        and Rangeland Renewable Resources Planning Act of 1974 (16 
        U.S.C. 1604), and other applicable laws.
    (j) Status Reports.--
            (1) In general.--Not later than February 28 of each year 
        during the term of the pilot project, the Secretary shall 
        submit to Congress a report on the status of the pilot project. 
        The report shall include at least the following:
                    (A) A complete accounting of the use of funds made 
                available under subsection (f)(1)(A) until such funds 
                are fully expended.
                    (B) A complete accounting of the use of funds and 
                accounts made available under subsection (f)(1) for the 
                previous fiscal year, including a schedule of the 
                amounts drawn from each account used to perform 
                resource management activities described in subsection 
                (d).
                    (C) A description of total acres treated for each 
                of the resource management activities required under 
                subsection (d), forest health improvements, fire risk 
                reductions, water yield increases, and other natural 
                resources-related benefits achieved by the 
                implementation of the resource management activities 
                described in subsection (d).
                    (D) A description of the economic benefits to local 
                communities achieved by the implementation of the pilot 
                project.
                    (E) A comparison of the revenues generated by, and 
                costs incurred in, the implementation of the resource 
                management activities described in subsection (d) on 
                the Federal lands included in the pilot project area 
                with the revenues and costs during each of the fiscal 
                years 1992 through 1997 for timber management of such 
                lands before their inclusion in the pilot project.
                    (F) A proposed schedule for the resource management 
                activities to be undertaken in the pilot project area 
                during the 1-year period beginning on the date of 
                submittal of the report.
                    (G) A description of any adverse environmental 
                impacts from the pilot project.
            (2) Limitation on expenditures.--The amount of Federal 
        funds expended on each annual report under this subsection 
        shall not exceed $125,000.
    (k) Final Report.--
            (1) In general.--The Secretary shall establish an 
        independent scientific panel to review and report on whether, 
        and to what extent, implementation of the pilot project under 
        this section achieved the goals stated in the Quincy Library 
        Group-Community Stability Proposal, including improved 
        ecological health and community stability. The membership of 
        the panel shall reflect expertise in diverse disciplines in 
        order to adequately address all of those goals.
            (2) Preparation.--The panel shall initiate such review no 
        sooner than 18 months after the first day of the term of the 
        pilot project under subsection (g). The panel shall prepare the 
        report in consultation with interested members of the public, 
        including the Quincy Library Group. The report shall include, 
        but not be limited to, the following:
                    (A) A description of any adverse environmental 
                impacts resulting from implementation of the pilot 
                project.
                    (B) An assessment of watershed monitoring data on 
                lands treated pursuant to this section. Such assessment 
                shall address the following issues on a priority basis: 
                timing of water releases; water quality changes; and 
                water yield changes over the short- and long-term in 
                the pilot project area.
            (3) Submission to the congress.--The panel shall submit the 
        final report to the Congress as soon as practicable, but in no 
        case later than 18 months after completion of the pilot 
        project.
            (4) Limitation on expenditures.--The amount of Federal 
        funds expended for the report under this subsection, other than 
        for watershed monitoring, shall not exceed $350,000. The amount 
        of Federal funds expended for watershed monitoring under this 
        subsection shall not exceed $175,000 for each fiscal year in 
        which the report is prepared.
    (l) Relationship to Other Laws.--Nothing in this section exempts 
the pilot project from any Federal environmental law.
    (m) Loans for Demonstration Projects for Wood Waste or Low-Quality 
Wood Byproducts.--
            (1) Evaluation of loan advisability.--The Alternative 
        Agricultural Research and Commercialization Corporation 
        established under section 1658 of the Food, Agriculture, 
        Conservation, and Trade Act of 1990 (7 U.S.C. 5902) (in this 
        section referred to as the ``Corporation'') shall evaluate the 
        advisability of making commercialization assistance loans under 
        section 1661 of such Act (7 U.S.C. 5905) to support a minimum 
        of 2 demonstration projects for the development and 
        demonstration of commercial application of technology to 
        convert wood waste or low-quality wood byproducts into usable, 
        higher value products.
            (2) Location of demonstration projects.--If the Corporation 
        determines to make loans under this subsection to support the 
        development and demonstration of commercial application of 
        technology to convert wood waste or low-quality wood byproducts 
        into usable, higher value products, the Corporation shall 
        consider making one loan with regard to a demonstration project 
        to be conducted in the pilot project area and one loan with 
        regard to a demonstration project to be conducted in southeast 
        Alaska.
            (3) Eligibility requirements.--To be eligible for a loan 
        under this subsection, a demonstration project shall be 
        required to satisfy the eligibility requirements imposed by the 
        Corporation under section 1661 of the Food, Agriculture, 
        Conservation, and Trade Act of 1990 (7 U.S.C. 5905).

            Amend the title so as to read: ``A bill to permit the 
        mineral leasing of Indian land located within the Fort Berthold 
        Indian Reservation in any case in which there is consent from a 
        majority interest in the parcel of land under consideration for 
        lease, to direct the Secretary of Agriculture to conduct a 
        pilot project on designated national forest lands in California 
        to demonstrate the effectiveness of resource management 
        activities proposed by the Quincy Library Group, and for other 
        purposes.''.
            Attest:

                                                                          Clerk.