[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1253 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1253

 To provide to the Federal land management agencies the authority and 
 capability to manage effectively the Federal lands in accordance with 
   the principles of multiple use and sustained yield, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 1997

   Mr. Craig introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide to the Federal land management agencies the authority and 
 capability to manage effectively the Federal lands in accordance with 
   the principles of multiple use and sustained yield, 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 ``Public Lands 
Management Improvement Act of 1997''.
    (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. Supplemental authority.
Sec. 5. Transition.
TITLE I--ENSURING THE EFFECTIVENESS AND IMPLEMENTATION OF FEDERAL LAND 
                                PLANNING

Sec. 101. Purposes.
                           Part A--In General

Sec. 102. Mission of the land management agencies.
Sec. 103. Scientific basis for Federal lands decisions.
      Part B--Resource Management and Management Activity Planning

Sec. 104. Levels of planning.
Sec. 105. Contents of planning and allocation of decisions to each 
                            planning level.
Sec. 106. Planning deadlines.
Sec. 107. Plan amendments and revisions.
Sec. 108. Disclosure of funding constraints on planning and management.
Sec. 109. Consideration of Federal lands-dependent communities.
Sec. 110. Participation of local, multi-interest committees.
Sec. 111. Ecosystem management principles.
Sec. 112. Fully allocated costs.
Sec. 113. Citizen petitions for plan amendments or revisions.
Sec. 114. Budget and cost disclosures.
Sec. 115. Monitoring and maintenance of planning; adaptive management.
                     Part C--Challenges to Planning

Sec. 116. Administrative appeals.
Sec. 117. Judicial review.
  TITLE II--COORDINATION AND COMPLIANCE WITH OTHER ENVIRONMENTAL LAWS

Sec. 201. Purposes.
Sec. 202. Environmental analysis.
Sec. 203. Wildlife protection.
Sec. 204. Water quality protection.
Sec. 205. Air quality protection.
Sec. 206. Meetings with users of the Federal lands.
            TITLE III--DEVELOPMENT OF ECOREGION ASSESSMENTS

Sec. 301. Purpose.
Sec. 302. Authorization and notice of assessments.
Sec. 303. Status, effect, and application of assessments.
Sec. 304. Applicability of other laws.
Sec. 305. Report to Congress.
Sec. 306. Pacific Northwest Forest Plan review.
    TITLE IV--DEVELOPMENT OF A GLOBAL RENEWABLE RESOURCES ASSESSMENT

Sec. 401. Purposes.
Sec. 402. Global Renewable Resources Assessment.
Sec. 403. National Council on Renewable Resources Policy.
Sec. 404. Repeal of certain provisions of the Forest and Rangeland 
                            Renewable Resources Planning Act.
                        TITLE V--ADMINISTRATION

                           Part A--In General

Sec. 501. Confirmation of the Chief of the Forest Service.
Sec. 502. Monitoring funds.
Sec. 503. Interagency transfer and interchange authority.
Sec. 504. Fees for processing records requests.
Sec. 505. Off-budget study.
                        Part B--NonFederal Lands

Sec. 506. Access to adjacent or intermingled non-Federal lands.
Sec. 507. Exchanges of Federal lands for non-Federal lands.
                      Part C--The Forest Resource

Sec. 508. Forest health credits in sales of forest products.
Sec. 509. Special funds.
Sec. 510. Private contractors.
Sec. 511. Non-harvested forest products sales.
Sec. 512. Exemption from strict liability for the recovery of fire 
                            suppression costs.
                        TITLE VI--MISCELLANEOUS

Sec. 601. Regulations.
Sec. 602. Authorization for appropriations.
Sec. 603. Effective date.
Sec. 604. Savings clauses.
Sec. 605. Severability.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) The Bureau of Land Management, Department of the 
        Interior, and the Forest Service, Department of Agriculture, 
        are comprised of professionals with considerable expertise and 
        judgment to manage Federal lands within their jurisdictions.
            (2) In 1976, the Congress enacted the Federal Land Planning 
        and Management Act and the National Forest Management Act which 
        declared multiple use and sustained yield to be the basic 
        principles under which the two land management agencies are to 
        manage their Federal lands.
            (3) These principles of multiple use and sustained yield 
        enjoy strong support from the American public and among the 
        diverse stakeholders in Federal land management.
            (4) These same Management Acts established resource 
        management planning processes as the method for engaging the 
        land management agencies' expertise and professional judgment 
        in, applying the multiple use and sustained yield principles 
        to, and obtaining the views of the public on, management of 
        these Federal lands.
            (5) Nevertheless, in the two decades since the Management 
        Acts were passed, fundamental flaws in the planning and 
        decision making processes established by these Acts have become 
        apparent and have caused all stakeholders, whether they favor 
        resource protection or resource extraction, to express 
        increasing dissatisfaction with and distrust of these 
        processes.
            (6) These numerous flaws threaten the integrity of the 
        Federal lands planning and decision making processes and 
        undermine the ability of the agencies to fulfill their 
        statutory land management responsibilities and accomplish 
        management that is well grounded in science.
            (7) The intent of the Congress that the land management 
        agencies would complete the planning required by the Management 
        Acts within a discrete time frame and the new resource 
        management plans would provide secure guidance for subsequent 
        management activities has not been met.
            (8) Although mid-eighties deadlines were set by statute or 
        regulation for completing the new resource management plan, 
        initial planning remains unfinished twenty years after 
        enactment of the Management Acts even as new planning is 
        undertaken.
            (9) The land management agencies are engaged in a perpetual 
        cycle of planning through the continuous preparation of interim 
        policies, plan amendments, and plan revisions that preclude the 
        provision to both agency professionals and the public of any 
        secure guidance for predictable management of the Federal 
        lands.
            (10) Although the Management Acts anticipated and directed 
        that only two layers of planning--multiple-use resource 
        management planning for each national forest, Bureau of Land 
        Management district, or other designated planning unit, and 
        site-specific planning for management activities--be 
        undertaken, the agencies have engaged in planning at multiple 
        layers--regional, ecoregion, watershed, etc.--without license 
        or direction from statute or regulation.
            (11) These new layers of planning have not been applied 
        uniformly on the Federal lands; frequently have ignored the 
        multiple use mandates of the Management Acts and, instead, have 
        focussed narrowly on a single resource, even a single species 
        of wildlife; have been undertaken without consistent agency-
        wide direction; have been conducted without the meaningful 
        opportunities for public participation established for planning 
        by the Management Acts; and have resulted in guidance that 
        often conflicts with the planning that is prescribed by the 
        Management Acts.
            (12) The procedures and requirements of other environmental 
        laws often burden with increased costs and delays, conflict 
        with, and frustrate the planning and management processes 
        established by the Management Acts; effectively transfer the 
        planning and management decision making authority from the 
        professionals in the land management agencies to officials of 
        other agencies; and sanction decisions by those officials who 
        are not expert in land management and are less familiar with 
        the affected resources, activities, and sites. Without doubt, 
        Congress has failed to reconcile the procedures and 
        requirements of other environmental laws with the planning and 
        management processes established by the Management Acts.
            (13) Increasingly, even after the land management agencies 
        reach decisions on the planning and management of Federal lands 
        implementation of those decisions is barred by administrative 
        appeals and litigation. These myriad administrative appeals and 
        lawsuits have delayed substantially completion of planning; 
        encumbered and, at times, paralyzed plan implementation and 
        management activities; drained scarce agency resources; and, on 
        several occasions, compelled the Congress to enact emergency 
        provisions to restore land management authority to the 
        agencies.
            (14) The loss in goods and services from Federal lands 
        resulting from these numerous flaws in Federal land planning 
        and decisionmaking has increased this Nation's dependency on 
        foreign sources for certain resources and has encouraged 
        imports from countries with land management policies and 
        priorities that are far less environmentally responsive.
            (15) New concepts in Federal land management, such as 
        ecosystem management and adaptive management, are not 
        recognized in the Management Acts and are being imposed on or 
        incorporated in Federal land planning and management without 
        statutory authority.
            (16) New processes developed by stakeholders to better 
        participate in Federal land planning and decision making, such 
        as the community-based collaborative deliberations of the 
        Quincy Library Group and Applegate Partnership, are not 
        recognized or encouraged by the Management Acts.
            (17) The provisions of section 322 of Public Law 102-381 
        (106 Stat. 1419) requiring the Forest Service to establish a 
        streamlined administrative appeals process for management 
        activities has expired and these well-received Congressional 
        requirements for processing administrative appeals should be 
        restored and expanded to include appeals of decisions 
        concerning planning, as well as decisions on management 
        activities, made by the Bureau of Land Management, as well as 
        the Forest Service.
            (18) The Management Acts were passed at a time when the 
        ecosystems on the Federal lands were regarded generally as 
        healthy, but now many, extensive forested areas of Federal 
        lands are undergoing or are threatened by an unprecedented 
        forest health crisis.
            (19) These numerous flaws in the laws pertaining to Federal 
        land management and in the planning and decisionmaking for 
        Federal lands, particularly the multiple layers and perpetual 
        existence of planning, the increasing intervention of other 
        agencies, and the constant barrage of administrative and 
        judicial challenges, have escalated the land management 
        agencies' costs of managing the Federal lands even as their 
        ability to secure actual management accomplishments on these 
        lands has diminished substantially.
            (20) All stakeholders have incurred injuries--both 
        environmental and economic--from these planning and decision 
        making flaws, but none more than the local resource dependent 
        communities, which have little or no protection under the 
        Management Acts and have experienced the loss of wages, 
        revenues, and public services, and resultant social 
        instability.
            (21) Although the Management Acts and their implementing 
        regulations contain detailed instructions to the land 
        management agencies on planning procedures and contents, they 
        are virtually silent in providing guidance or authority to 
        enable the agencies to implement resource management plans, 
        thereby devaluing the term ``Management'' common to both their 
        titles.
            (22) As described in the United States General Accounting 
        Office report, ``Forest Service Decision-making: A Framework 
        for Improving Performance,'' April 1997, these flaws in the 
        laws pertaining to Federal land management and in the planning 
        and decision making for Federal lands, and the increasing 
        distrust in the laws and decision making experienced by 
        virtually all stakeholders in the Federal lands, have both 
        contributed to and been compounded by the lack of a clear 
        mission statement for the land management agencies.
            (23) Additional Congressional direction for the planning 
        of, and implementation of planning on, the Federal lands is 
        required to ensure that the predictability in Federal land 
        management intended by the Management Acts is achieved, that 
        the land management agencies are able to exercise fully their 
        considerable management expertise and judgment, that the public 
        can be heard in land management decisions, and that the adverse 
        environmental effects and economic and social dislocation which 
        result from the present flaws in the planning processes are 
        avoided.

SEC. 3. DEFINITIONS.

    (a) Specific Terms.--As used in this Act, the term--
            (1) ``Agencies'' means the Bureau of Land Management, 
        Department of the Interior, with respect to the lands described 
        in paragraph (4)(A), and the Forest Service, Department of 
        Agriculture, with respect to the lands described in paragraph 
        (4)(B).
            (2) ``Committees of Congress'' means the Committee on 
        Resources and Committee on Agriculture of the House of 
        Representatives, and the Committee on Energy and Natural 
        Resources and the Committee on Agriculture, Nutrition, and 
        Forestry of the United States Senate;
            (3) ``ecosystem management'' means an approach to 
        implementation of the principles of multiple-use and sustained-
        yield on the Federal lands which employs current understanding 
        of ecosystem processes to evaluate the effects of management 
        strategies on ecosystem health and productivity in conjunction 
        with attainment of planned outputs of goods, services, and 
        amenities.
            (4) ``Federal lands'' means--
                    (A) those lands managed by the Bureau of Land 
                Management and defined in section 103(e) of the Federal 
                Land Policy and Management Act of 1976 (43 U.S.C. 
                Sec. 1702(e)); and
                    (B) those lands in the National Forest System, 
                including units of the national grasslands, managed by 
                the Forest Service and defined in section 11(a) of the 
                Forest and Rangeland Renewable Resources Planning Act 
                of 1974 (16 U.S.C. Sec. 1609(a));
            (5) ``resource management plans'' means land use plans 
        prepared by the Bureau of Land Management for units of the 
        lands described in paragraph (4)(A) pursuant to section 202 of 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        Sec. 1712) and this Act, and land and resource management plans 
        prepared by the Forest Service for units of the lands described 
        in paragraph (4)(B) pursuant to section 6 of the Forest and 
        Rangeland Renewable Resources Planning Act of 1974, as amended 
        by the National Forest Management Act of 1976 (16 U.S.C. 
        Sec. 1604), and this Act; and
            (6) ``Secretaries'' or ``Secretary'' means the Secretary of 
        the Interior with respect to the lands described in paragraph 
        (4)(A) and the Secretary of Agriculture with respect to the 
        lands described in paragraph (4)(B).
    (b) Other Terms.--Terms used in this Act shall have the same 
meaning they are accorded in the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. Sec. 1701 et seq.) with respect to the lands 
described in paragraph (4)(A) and in the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. Sec. 1600 et seq.) with 
respect to the lands described in paragraph (4)(B).

SEC. 4. SUPPLEMENTAL AUTHORITY.

    The provisions of this Act apply to all Federal lands and 
supplement the Federal Land Policy and Management Act of 1976 (43 
U.S.C. Sec. 1701 et seq.), the Forest and Rangeland Renewable Resources 
Planning Act of 1974, as amended by the National Forest Management Act 
of 1976 (16 U.S.C. Sec. 1600 et seq.), and other laws applicable to the 
Federal lands. Except as otherwise provided in this Act, in the event 
of conflict or inconsistency between this Act and any other law 
referred to in this section, this Act shall prevail: Provided, That, 
for any Federal lands designated as units of the National Wilderness 
Preservation System, National Wild and Scenic Rivers System, or 
National Trails System, the provisions of law governing management of 
those systems or specific units shall prevail whenever such provisions 
conflict or are inconsistent with this Act.

SEC. 5. TRANSITION.

    Except as otherwise provided in this Act, any plan, policy, or 
guidance of the Agencies with respect to the Federal lands in effect on 
the date of enactment of this Act shall continue to apply to such lands 
until such plan, policy, or guidance is revised, amended, changed, or 
terminated in accordance with the provisions of this Act.

TITLE I--ENSURING THE EFFECTIVENESS AND IMPLEMENTATION OF FEDERAL LAND 
                                PLANNING

SEC. 101. PURPOSES.

    The purposes of this title are to establish a mission for the 
Agencies in the management of the Federal lands; to provide 
Congressional direction on, and eliminate fundamental flaws in, the 
conducting and implementing of planning for the Federal lands; to avoid 
the environmental, economic, and social injuries that result from those 
flaws and the past absence of direction; and to achieve predictability 
in the management of, and timely and cost-effective accomplishment of 
management activities on, the Federal lands.

                           PART A--IN GENERAL

SEC. 102. MISSION OF THE LAND MANAGEMENT AGENCIES.

    The mission of the Secretary of Agriculture and the Forest Service, 
and of the Secretary of the Interior and the Bureau of Land Management, 
shall be to manage the Federal lands under their respective 
jurisdictions to furnish a sustainable flow of multiple goods, 
services, and amenities while protecting and providing a full range and 
diversity of natural habitats of native species in a dynamic manner 
over the landscape.

SEC. 103. SCIENTIFIC BASIS FOR FEDERAL LANDS DECISIONS.

    In rendering decisions concerning resource management plans for and 
management activities on Federal lands, each Secretary shall utilize 
the best scientific and commercial data available to the Secretary.

      PART B--RESOURCE MANAGEMENT AND MANAGEMENT ACTIVITY PLANNING

SEC. 104. LEVELS OF PLANNING.

    (a) Planning Levels.--Subject to subsection (c), the Secretaries 
shall conduct no more than two levels of planning for the Federal 
lands, comprised of--
            (1) multiple-use planning in the form of resource 
        management plans for planning units; and
            (2) site or area specific planning for management 
        activities.
    (b) Planning Unit Size.--Each Secretary may designate planning 
units of whatever size and number the Secretary deems appropriate.
    (c) Other Analyses or Assessments.--Each Secretary may conduct 
analyses or assessments for geographical areas larger or smaller than 
the designated planning units, including ecoregion assessments pursuant 
to title III, but shall not apply the results of such analyses or 
assessments to the affected Federal lands unless the resource 
management plans for the planning units encompassing such lands are 
amended or revised in accordance with this Act and other applicable 
law.
    (d) Noncomplying plans.--(1) The Secretaries shall have three years 
from the date of enactment of this Act to amend or revise resource 
management plans in accordance with this Act to modify and incorporate 
any policies contained in any plans applicable to the Federal lands 
which are effective on the date of enactment of this Act and which do 
not comply with subsection (a).
    (2) All noncomplying plans referred to in paragraph (1) shall 
terminate three years from the date of enactment of this Act.
    (3) A noncomplying plan referred to in paragraph (1) shall no 
longer apply to Federal lands in a planning unit upon its termination 
date established by paragraph (2) or when the resource management plan 
for such lands has been amended pursuant to paragraph (1), whichever is 
earlier.

SEC. 105. CONTENTS OF PLANNING AND ALLOCATION OF DECISIONS TO EACH 
              PLANNING LEVEL.

    (a) Plan Contents.--(1) Each resource management plan shall contain 
the following basic elements which shall be accorded equal consequence 
by the Secretary concerned:
            (A) a statement of goals and objectives for the management 
        of the Federal lands to which the plan applies during the term 
        of the plan;
            (B) the allocation of land uses to areas of the Federal 
        lands to which the plan applies;
            (C) determinations of outputs of goods and services from 
        the Federal lands to which the plan applies annually and for 
        the term of the plan; and
            (D) policies necessary to ensure compliance with the 
        requirements of this Act and other applicable law for the 
        conservation of the resources and protection of the environment 
        on the Federal lands to which the plan applies: Provided, That, 
        to the maximum extent feasible consistent with this Act and 
        other applicable law, such policies shall not be prescriptive 
        requirements generally applicable to the planning unit and, 
        instead, shall provide guidance for the determination, during 
        the planning for each management activity, of specific 
        requirements that are addressed to the precise conditions of 
        the lands and resources to be affected by such activity.
    (2) Each resource management plan also shall contain--
            (A) a statement of historical uses, and trends in 
        conditions, of the resources on the Federal lands subject to 
        the plan;
            (B) a schedule and procedure for monitoring the 
        implementation of the plan, the management of the Federal lands 
        subject to the plan, and trends in the conditions and uses of 
        resources on the Federal lands subject to the plan, as required 
        by section 115(b)(1); and
            (C) criteria for determining when circumstances on the 
        Federal lands subject to the plan warrant adaptive management 
        of the resources of such lands pursuant to section 115(b).
    (b) Assignment of Decisions to Planning Levels.--(1)(A) Each 
Secretary shall promulgate regulations that assign to each level of 
planning for Federal lands authorized by section 104(a) the analyses 
and decisions to be made at that level.
    (B) All analyses and decisions to be conducted in the levels of 
planning for Federal lands authorized in subsection (a) shall be 
assigned exclusively to a specific level and may not be conducted or 
made, or reconsidered, at the level to which they are not assigned.
    (2) The regulations required by paragraph (1) shall provide that, 
among other matters--
            (A) in resource management plans: in addition to the 
        matters specified in subsection (a) and sections 108, 109, 111, 
        and 112, resource inventories and analyses of cumulative 
        effects of planning decisions and subsequent management 
        activities shall be conducted; the relationship of each plan to 
        relevant State and local plans shall be discussed; Federal land 
        which may be exchanged or otherwise made available for disposal 
        shall be identified; and decisions concerning wilderness, lands 
        unsuitable for certain activities, and visual objectives, shall 
        be made; and
            (B) in the planning for specific management activities: 
        Analyses of site specific resources and effects shall be 
        conducted; decisions concerning the design of and requirements 
        for a management activity, including decisions related to water 
        quality, method for harvesting forest products, and revenue 
        benefits from other economic matters pertaining to the 
        activity, shall be made; and a schedule and procedures for 
        monitoring the effects of the activity shall be established.

SEC. 106. PLANNING DEADLINES.

    (a) Except as provided in section 104(d), the deadlines for 
completing planning and management activities and all decisions 
associated therewith on the Federal lands shall be:
            (1) for preparation of a resource management plan, 30 
        months;
            (2) for development of an amendment to a resource 
        management plan which is determined to be significant, 12 
        months, and for development of an amendment to a resource 
        management plan which is determined not to be significant, 9 
        months;
            (3) for revision of a resource management plan, 24 months; 
        and
            (4) for a decision on a management activity which is 
        determined to be significant in accordance with regulations 
        that define significant, 9 months, and for a decision on a 
        management activity which is determined not be significant in 
        accordance with regulations that define not significant, 6 
        months.
    (b) The deadline established in subsection (a) for any activity or 
decision deemed to be a ``rule'' as defined in 5 U.S.C. Sec. 804(3) 
shall be the date on which such activity or decision is submitted to 
each House of the Congress and the Comptroller General pursuant to 5 
U.S.C. Sec. 801(a)(1)(A).

SEC. 107. PLAN AMENDMENTS AND REVISIONS.

    (a) Inconsistent or Conflicting Plan Provisions or Federal Lands 
Policies or Decisions.--Except as provided in subsection (b), no policy 
may be applied to or decision made on a resource management plan or a 
management activity, or the Federal lands subject to such plan or 
activity, if that policy or decision is inconsistent with any 
provisions of the plan, including any of the basic elements specified 
in section 105(a)(1).
    (b) Restoring Plan Conformity; Making Required Planning Changes.--
(1) Whenever, as a result of monitoring the implementation of a 
resource management plan pursuant to section 115(b), planning a 
management activity on Federal lands to which the plan applies, or 
other circumstance, the Secretary concerned determines that a conflict 
exists between any of the provisions of the plan or that a policy or 
decision the Secretary would otherwise establish or make is 
inconsistent with a provision of the plan, whether the provision 
concerns a goal, land allocation, output determination, or 
environmental requirement, the Secretary shall initiate immediately the 
process to amend or revise the plan to eliminate the conflict, 
inconsistency, or departure: Provided, That the Secretary, for a single 
specific management activity within any class of management activities, 
may waive any provision in a resource management plan without an 
amendment to or revision of the plan if such provision does not 
implement a nondiscretionary statutory requirement and the Secretary 
determines in writing that the waiver is in the public interest.
    (2) Any change in the management of any Federal lands that is 
required by a law enacted, regulation promulgated, or court order 
issued, or is warranted by new information that becomes available, 
after the resource management plan which applies to such lands is 
adopted shall be effected by an amendment to or revision of the plan, 
and, except where the Secretary determines such law or court order 
requires otherwise and publishes the determination in the Federal 
Register, shall not become effective until the amendment or revision is 
adopted.
    (c) Plan Revisions.--Whenever a resource management plan is 
revised, the Secretary shall consider all provisions of the plan and 
all Federal lands and resources subject to the plan in the decision and 
environmental analysis documents associated with the revision and may 
not address only those provisions, lands, or resources which may be 
identified by the Agency, any other Federal agency, or any segment of 
the public at the time of revision as requiring review or alteration.
    (d) Continuation of Management Activities During Planning.--(1) No 
management activities shall be stayed during the process of preparing 
an amendment to or revision of a resource management plan in 
anticipation of changes to be made by the amendment or revision, except 
as otherwise required by this Act, court order, or a formal declaration 
of the Secretary published in the Federal Register: Provided, That a 
specific management activity may be stayed by the responsible agency 
official for a purpose that is unrelated to the purpose or likely 
effect of the amendment or revision.
    (2) The authority for a formal declaration pursuant to paragraph 
(1) may not be delegated.
    (3) Except as provided in paragraph (1) or required by court order, 
an amendment to or revision of a resource management plan shall not 
become effective until final decisions on management activities on the 
Federal lands to which the plan applies that are scheduled to be made 
during the amendment or revision process have been made.
    (e) Effect of Plan Amendment or Revision.--Whenever a resource 
management plan is amended or revised, the Secretary shall consider, 
and discuss in the environmental analysis documents, associated with 
the amendment or revision, any effect which such amendment or revision 
may have on the basic elements, as identified in section 105(a)(1), 
that are contained in the plan prior to completion of the amendment or 
revision process. The decision document on the amendment or revision 
shall include a discussion of the reasons why such effect is necessary 
and any steps that were or shall be undertaken to ameliorate any 
adverse economic or social consequences which will or could result from 
such effect.

SEC. 108. DISCLOSURE OF FUNDING CONSTRAINTS ON PLANNING AND MANAGEMENT.

    The environmental analysis accompanying each resource management 
plan, or amendment to or revision of a resource management plan, shall 
consider generally for each alternative, and the decision on such plan 
shall determine specifically for the plan, how implementation of the 
alternative or plan will be affected by, and what goals and objectives, 
land allocations, outputs, and policies as set forth in section 
105(a)(1) shall be effective for the alternative or plan, within a 
range of possible levels of funding of Agency programs determined 
reasonable by the Secretary, with at least one level which provides 
less funds annually, and one level which provides more funds annually, 
than the level of funding for the current fiscal year.

SEC. 109. CONSIDERATION OF FEDERAL LANDS-DEPENDENT COMMUNITIES.

    (a) Responsibility for Consideration of Communities.--In preparing, 
amending, or revising a resource management plan, the Secretary shall 
consider if, and explain whether, the plan maintains to the maximum 
extent feasible under this Act and other applicable law the stability 
of each community dependent on the resources of the Federal lands to 
which the plan applies.
    (b) Procedure.--The Secretary shall conduct during, and publish in 
the environmental analysis document prepared in, the process of 
preparing a resource management plan, or an amendment to or revision of 
such a plan, an analysis for each community dependent on the resources 
of the Federal lands to which the plan applies that: (i) Examines the 
impacts of planning alternatives on the community, including its 
revenues and budget, the level and quality of its public services, 
wages for its residents, and its social conditions; (ii) explains how 
resource allocations for the planning alternatives would comport with 
or differ from historic community expectations; and (iii) describe how 
those impacts were considered in selecting a preferred alternative.
    (c) Definition.--(1) The term ``community dependent on the 
resources of the Federal lands'' means a community which is located in 
a proximity to Federal lands and is significantly affected socially, 
economically, or environmentally by the allocation of uses of one or 
more of the resources of those lands.
    (2) The Secretaries, in consultation with the Secretaries of 
Commerce and Labor, shall establish by regulations the criteria for 
identifying communities dependent on the resources of the Federal lands 
as defined in paragraph (1).

SEC. 110. PARTICIPATION OF LOCAL, MULTI-INTEREST COMMITTEES.

    (a) Independent Committees.--(1) The Secretaries shall include and 
analyze in any documentation under section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. Sec. 4332(2)) related to 
the development of a resource management plan, or an amendment of or 
revision to such plan, and consider and discuss in any decision 
document on such plan, amendment, or revision, any alternative for such 
plan, amendment, or revision developed by an independent committee of 
local interests as defined in paragraph (5).
    (2) If more than two independent committees of local interests are 
established and submit alternatives pursuant to paragraph (1), the 
Secretary shall conduct the analysis required by paragraph (1) on the 
alternative submitted by each of the two committees which the Secretary 
determines to be most broadly representative of the various local 
interests likely to be affected by the plan, amendment, or revision 
referred to in paragraph (1). The Secretary shall endeavor to 
consolidate for analysis or otherwise discuss alternatives propounded 
by committees other than the two selected committees.
    (3) If the entirety or a significant part of an alternative of an 
independent committee of local interests analyzed pursuant to paragraph 
(1) is adopted by the Secretary, the Secretary may provide to the 
committee adequate monies from the appropriate fund established 
pursuant to section 502 or, if such monies are insufficient, 
appropriated funds to enable the committee to monitor the 
implementation and effects of the plan, amendment, or revision in 
accordance with the schedule and procedures for monitoring provided in 
the plan, amendment, revision, or activity referred to in paragraph 
(1).
    (4) Independent committees of local interests shall not be 
established or funded by either Secretary and shall not be subject to 
the provisions of the Federal Advisory Committee Act (5 U.S.C. App.).
    (5) For purposes of this section ``independent committee of local 
interests'' shall mean a committee or other entity formed by and 
composed of representatives of two or more interests active on the 
Federal lands to which the plan, amendment, revision, or activity 
referred to in paragraph (1) would apply: Provided, That at least one 
such interest shall be concerned principally with the production of a 
commodity resource or resources from such lands and at least one such 
interest shall be concerned principally with use or protection of a 
noncommodity resource or resources on such lands.
    (b) Committees Established by the Secretaries.--(1) Each Secretary 
is authorized and encouraged to establish committees corresponding to 
the planning units established pursuant to section 104.
    (2) The membership of each committee established pursuant to 
paragraph (1) shall be broadly representative of the various local 
interests likely to be affected by the planning and management of the 
Federal lands within the planning unit for which the committee is 
established.
    (3) Each committee established pursuant to paragraph (1) is 
authorized to--
            (A) advise each Secretary prior to any decision by the 
        Secretary to adopt a resource management plan, or an amendment 
        to or revision of the resource management plan, applicable to 
        the planning unit for which the committee is established; and
            (B) monitor the implementation of the plan, amendment, or 
        revision.
    (4) Each Secretary shall--
            (A) in accordance with procedures established by 
        regulation, seek the advice of the committees established 
        pursuant to paragraph (1) as provided in paragraph (3)(A); and
            (B) provide to the committees established pursuant to 
        paragraph (1) adequate monies from the appropriate fund 
        established pursuant to section 502 or, if such monies are 
        insufficient, appropriated funds to permit the committees to 
        conduct the monitoring provided for in paragraph (3)(B).

SEC. 111. ECOSYSTEM MANAGEMENT PRINCIPLES.

    The Secretaries shall consider and discuss in the environmental 
analysis documents prepared for resource management plans, and 
amendments to and revisions of such plans, ecosystem management 
principles. Such principles shall be consistent, and shall not be 
authority for noncompliance, with the other requirement of this Act and 
other law applicable to resource management plan documents and 
decisions.

SEC. 112. FULLY ALLOCATED COSTS ANALYSIS.

    The Secretaries shall specify, in the environmental analysis 
documents prepared for resource management plans, and amendments to and 
revisions of such plans, the fully allocated cost including foregone 
revenues, expressed as a user or cost-per-beneficiary, of each 
noncommodity output from the Federal lands to which the plans apply.

SEC. 113. CITIZEN PETITIONS FOR PLAN AMENDMENTS OR REVISIONS.

    (a) Petition Filing.--(1) A person may challenge a resource 
management plan, or an amendment to or revision of such plan, after the 
deadline for filing an administrative appeal thereof established 
pursuant to section 116(b)(3) solely--
            (A) on the basis of new information, law, or regulation, as 
        defined in this section, that is pertinent to the issue on 
        which challenge is based; and
            (B) by a petition to the concerned Secretary of amendment 
        or revision of the plan.
    (2) The petition shall be filed in accordance with regulations 
adopted by the Secretary.
    (b) Petition Decision.--(1) The Secretary shall accept or deny a 
petition pursuant to subsection (a) in writing within 90 days of 
receipt thereof.
    (2) The decision of the Secretary to accept or deny a petition 
shall be subject to section 7 of the Endangered Species Act of 1973 (16 
U.S.C. Sec. 1536) and shall not be subject to section 102 of the 
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4332).
    (c) Effect of Petition Decision.--(1) If the Secretary accepts a 
petition pursuant to subsection (a), the amendment or revision process 
shall begin on the date of acceptance.
    (2) If the Secretary denies a petition pursuant to subsection (a), 
or fails to render a decision on such petition within 90 days of 
receipt thereof, the petition may seek immediate judicial review 
pursuant to section 117.
    (d) Definition.--For purposes of this section, ``new information, 
law, or regulation'' means any material and significant information 
related to resource management plan, or an amendment to or revision of 
such plan, that was not known to and considered by the Secretary in the 
development of the plan, amendment, or revision, and any law or 
regulation not in effect when the decision was made to adopt the plan, 
amendment, or revision.

SEC. 114. BUDGET AND COST DISCLOSURES.

    (a) Plan Implementation.--Commencing with the fiscal budget for the 
fiscal year following enactment of this Act, the requests presented by 
the President to the Congress governing the planning and management of 
Federal lands shall include as an appendix to the budget a statement of 
what funds would be required to achieve 100 percentum of annual outputs 
specified in, and otherwise implement fully, the resource management 
plan for each planning unit of the Federal lands.
    (b) Plan Preparation.--On or before July 1 of each year after the 
date of enactment of this Act, each Secretary shall submit a report to 
the Committees of Congress that provides the total cost and costs per 
function or procedure incurred in the preparation of each resource 
management plan, ecoregion assessment, and significant amendment to or 
revision of any such plan or assessment, which is published in the 
preceding calendar year. Such costs shall include the costs of the 
Agency responsible for preparation of the plan, amendment, or revision 
and of any other Federal agency which participates in the preparation 
of the plan, amendment, or revision or prepares an opinion, report, or 
comments on the compliance of the plan, amendment, or revision with any 
Federal law or regulation administered by such agency.

SEC. 115. MONITORING AND MAINTENANCE OF PLANNING; ADAPTIVE MANAGEMENT.

    (a) Plan Contribution Statement.--Each Secretary shall report in 
writing in each decision to undertake a management activity on the 
Federal lands that such decision contributes to or, at a minimum does 
not preclude, achievement of the goals, land allocations, outputs, or 
policies of the applicable resource management plan.
    (b) Monitoring for Plan Compliance.--(1) Using monies from the 
Monitoring Funds established pursuant to section 502 and, where such 
monies are insufficient, appropriated funds, each Secretary shall 
monitor, on a schedule established by each resource management plan but 
no less than every two years, the implementation of the plan and 
management of the Federal lands subject to the plan and trends in the 
conditions or uses of the resources on such lands to--
            (A) ensure that no goal, land allocation, output, or policy 
        of the plan is constructively changed through a pattern of 
        management activities or of failures to undertake management 
        activities; and
            (B) determine if circumstances warrant adaptive management 
        of any of the resources, to be authorized either--
                    (i) in accordance with requirements and procedures 
                prescribed in the plan, if such management will not 
                require or result in any change in the basic elements 
                of the plan as described in section 105(a), or
                    (ii) by amendment to or revision of the plan.
    (2)(A) If the Secretary finds that a change described in paragraph 
(1)(A) has occurred, the Secretary shall direct that corrective 
management activities be undertaken to restore compliance with the 
affected resource management plan or that the plan be amended or 
revised.
    (B) If the Secretary finds the circumstances described in paragraph 
(1)(B) to exist and to require an amendment to or revision of the plan, 
the plan shall be amended or revised.

                     PART C--CHALLENGES TO PLANNING

SEC. 116. ADMINISTRATIVE APPEALS.

    (a) Appeals Regulations.--Each Secretary shall promulgate 
regulations to govern administrative appeals of decisions to approve 
resource management plans, and amendments to and revisions of such 
plans, and to approve or disapprove management activities for or on the 
Federal lands.
    (b) Appeals Requirements.--The regulations required by subsection 
(a) shall--
            (1) provide that any person may bring an administrative 
        appeal of a decision to approve a resource management plan, or 
        amendment to or revision of such a plan, or to approve, 
        disapprove, or otherwise take final action on a management 
        activity if he or she has submitted written comments during the 
        preparation of such plan, amendment, revision, or activity on 
        the issue or issues for which administrative review is sought: 
        Provided, That this paragraph shall not apply when no 
        opportunity is accorded to the public to present such written 
        comments;
            (2) provide that an administrative appeal of a decision to 
        approve a resource management plan, or amendment to or revision 
        of such a plan, may not challenge any analysis or decision 
        assigned to management activities pursuant to section 
        105(b)(2)(B) and an administrative appeal of a decision to 
        approve, disapprove, or otherwise take final action on a 
        management activity may not challenge any analysis or decision 
        assigned to resource management plans pursuant to section 
        105(b)(2)(A).
            (3) require that a person who seeks administrative review 
        of a resource management plan, or an amendment to or revision 
        of such plan, on the basis of new information, law, or 
        regulation as defined in section 113(d) must petition for an 
        amendment or revision of the affected plan in accordance with 
        such section;
            (4) establish deadlines after the final decisions to adopt 
        a plan, amendment, or revision, or to approve, disapprove, or 
        take final action on an activity, by which any administrative 
        appeal, other than a petition pursuant to section 113, must be 
        filed: Provided, That such deadlines shall be not more than 120 
        days after a plan or revision decision, 90 days after an 
        amendment decision, and 45 days after an activity decision;
            (5) establish deadlines after the filing of administrative 
        appeals pursuant to paragraph (4) by which final decision on 
        the appeals must be rendered: Provided, That such deadlines 
        shall be not more than 120 days after the date of filing of an 
        appeal of a plan or a revision, 90 days after the date of 
        filing of an appeal of an amendment, and 45 days after the date 
        of filing of an appeal of an activity: Provided further, That 
        the Secretary may extend the deadline for a specific appeal for 
        more than 15 days by a written statement which provides the 
        reasons for such extension;
            (6) provide that, in the event of a failure to render a 
        final decision on an administrative appeal by the deadline 
        established pursuant to paragraph (5), the decision on which 
        the appeal is based is deemed to be a final agency action for 
        the purpose of chapter 7 of title 5, United States Code;
            (7) provide that the Secretary shall consider and balance 
        the environmental and/or economic injury to any affected 
        persons in determining whether to issue a stay pending the 
        appeal or petition;
            (8) provide that no administrative stay shall extend 
        beyond, or be imposed after--
                    (A) the conclusion of the applicable period for 
                filing an administrative appeal established pursuant to 
                paragraph (4) if no appeal is timely filed;
                    (B) 30 days from the date of, or deadline 
                established pursuant to paragraph (4) for a final 
                decision on an appeal of a resource management plan or 
                an amendment to or revision of such a plan;
                    (C) 30 days from the date of, or deadline 
                established pursuant to paragraph (5); and
                    (D) 15 days from the date of, or deadline 
                established pursuant to paragraph (5) for, a final 
                decision on an appeal of a management activity; and
            (9) establish categories of or criteria for management 
        activities which, because of emergency, time-sensitive, or 
        other exigent circumstances, shall not be eligible for 
        administrative appeals and for which lawsuits may be filed 
        immediately after the decisions to authorize such activities.
    (c) Repealer.--The regulations required of the Forest Service by 
this section shall replace any regulations promulgated pursuant to 
section 322 of Public Law 102-381 (106 Stat. 1419-1420). Upon the 
effective date of the regulations of the Forest Service required by 
this section, such section 322 is repealed.

SEC. 117. JUDICIAL REVIEW.

    (a) Venues.--(1) Any suit to challenge a resource management plan, 
or an amendment of or a revision to such a plan, shall be filed in the 
United States Circuit Court of Appeals for the circuit in which are 
located the Federal lands to which the plan applies: Provided, That if 
the Federal lands to which a plan applies are located in more than one 
circuit, the suit shall be filed in the Court of Appeals for the 
circuit which contains the largest portion of such lands.
    (2) Any suit filed to challenge a management activity or decision 
to deny a petition for amendment or revision of a resource management 
plan shall be filed in the United States district court for the 
district in which are located the Federal lands on which the activity 
would occur or to which the plan applies: Provided, That if the Federal 
lands to which the plan applies are located in more than one district, 
the suit shall be filed in the district court for the district which 
contains the largest portion of such lands.
    (b) Standing.--(1) Subject to paragraph (2), any person (including 
a person that sustains economic injury as a direct or indirect result 
of the implementation of, or a violation of, this Act, the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. Sec. 1701 et seq.), or the 
Forest and Rangeland Renewable Resources Planning Act of 1974 (16 
U.S.C. Sec. 1600 et seq.), or a regulation issued under any such Act by 
the United States or any agency or official of the United States) may--
            (A) To the full extent permitted by the Constitution 
        without regard to any prudential limitations, commence a civil 
        suit to--
                    (i) remedy any violation of any such Act or a 
                regulation issued under any such Act by the United 
                States or any agency or official of the United States; 
                or
                    (ii) challenge any such Act or a regulation issued 
                under any such Act or the implementation of the Act or 
                the regulation; and
            (B) intervene as a matter of right in any suit brought 
        under any such Act that threatens to cause injury to the person 
        or relates to any injury sustained by the person, which 
        intervenor shall have the same right to present argument and to 
        accept or reject potential settlements as do the parties to the 
        suit.
    (2) Standing to obtain judicial review of a resource management 
plan, an amendment of or a revision to such a plan, or a management 
activity shall be available only to persons who have--
            (A) participated in the preparation of such plan, 
        amendment, revision, or activity through the submission of 
        written comments on the issue or issues for which judicial 
        review is sought, unless an opportunity to submit such comments 
        was not provided to the public;
            (B) raised such issue or issues in seeking administrative 
        review pursuant to section 116 of such plan, amendment, 
        revision, or activity, other than an activity subject to 
        section 116(b)(9); and
            (C) exhausted the opportunities for administrative review 
        pursuant to section 116, except for an activity subject to 
        section 116(b)(9).
    (c) Deadlines.--(1) Any suit brought pursuant to this section must 
be filed not more than 90 days after the final decision on the 
administrative appeal of a resource management plan, or an amendment or 
a revision of such plan, and not more than 30 days after the decision 
to deny a petition for amendment or revision of a resource management 
plan, the final decision on an administrative appeal of a management 
activity not subject to section 116(b)(9), or the decision to approve 
or disapprove a management activity subject to section 116(b)(9): 
Provided, That, for any suit based on a law which requires advanced 
notice of suit, the notice must be filed by the applicable deadline and 
the suit must be filed within 7 days after the conclusion of the notice 
period.
    (2) Except as provided in subsection (d), the plan, amendment, 
revision, activity, or petition shall not be reviewable either directly 
or indirectly as part of any other decision concerning the Federal 
lands for compliance with any provision of law or regulation in 
existence at the conclusion of the applicable period established by 
paragraph (1).
    (d) Suits Based on New Information, Law, or Regulation.--A suit 
brought pursuant to this section shall not allege or rely upon new 
information, law, or regulation as defined in section 113(d) unless the 
party has petitioned the Secretary pursuant to such section and the 
Secretary has denied such petition or approved such petition and 
completed the amendment or revision process.
    (e) Administrative Record.--The record before the court in any suit 
brought pursuant to this section shall be limited to the administrative 
record and such additional written evidence as the court shall permit.

  TITLE II--COORDINATION AND COMPLIANCE WITH OTHER ENVIRONMENTAL LAWS

SEC. 201. PURPOSES.

    The purposes of this title are to coordinate, and eliminate 
conflicting, procedures of the Federal land management and other 
environmental laws; to assign clear responsibility for meeting the 
standards and requirements of such laws, and securing protection of the 
environment and resources, on the Federal lands; and to reduce the time 
and cost, and thereby improve the efficiency and effectiveness, in 
achieving such protection.

SEC. 202. ENVIRONMENTAL ANALYSIS.

    (a) Resource Management Plan Analysis.--(1) In developing a 
resource management plan or a revision to such a plan, the Secretary 
shall prepare an environmental impact statement pursuant to section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
Sec. 4332(2)(C)).
    (2) The environmental impact statement required by paragraph (1) 
shall analyze all matters in the resource management plan, including 
those assigned to resource management plans by subsections (a) and 
(c)(1), and by regulation pursuant to subsection (b), of section 103 of 
this Act, and contain all other analyses required to be included in 
environmental impact statements by this Act and the National 
Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321, et seq.).
    (3) In developing an amendment to a resource management plan, the 
Secretary shall prepare either an environmental impact statement or an 
environmental assessment as may be required by section 102(2) of the 
National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4332(2)). The 
statement or assessment shall contain all analyses required by this Act 
and the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321, 
et seq.).
    (b) Management Activity Analysis.--(1) In planning a management 
activity on the Federal lands, other than an activity which the 
Secretary determines to be categorically excluded from the requirements 
of section 102(2) of the National Environmental Policy Act of 1969 (42 
U.S.C. Sec. 4332(2)), the Secretary shall prepare an environmental 
assessment pursuant to section 102(2)(E) of such Act (42 U.S.C. 
Sec. 4332(2)(E)) which shall be tiered to, and incorporate by reference 
the relevant analysis in, the environmental impact statement on the 
applicable resource management plan: Provided, That, if the Secretary, 
in the discretion of, and in accordance with regulations promulgated 
by, the Secretary, determines that the nature or scope of potential 
environmental consequences of a management activity is substantially 
different from or greater than the nature or scope of the consequences 
considered in the environmental impact statement on the applicable 
resource management plan, the environmental analysis document for the 
activity shall be an environmental impact statement pursuant to section 
102(2)(C) of such Act.
    (2) The environmental assessment or environmental impact statement 
required by paragraph (1) shall analyze the matters associated with the 
management activity which are assigned to management activities by 
subsection (c)(2), and by regulation pursuant to subsection (b), of 
section 105.

SEC. 203. WILDLIFE PROTECTION.

    (a) Endangered Species Act Analysis.--(1) In developing a resource 
management plan, an amendment to or revision of such a plan, or a 
management activity on the Federal lands, the Agency, on the basis of 
the best scientific and commercial data available, shall ensure, 
pursuant to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 
Sec. 1536), that the plan, amendment, revision, or activity is not 
likely to jeopardize the continued existence of any species determined 
to be endangered or threatened, or result in the destruction or adverse 
modification of habitat of such species designated as critical, 
pursuant to section 4 of such Act, except that the Agency, upon 
certification pursuant to paragraph (2), shall perform all functions in 
the processes established in subsections (a) through (c) of such 
section 7 (16 U.S.C. Sec. 1536(a)-(c)) which are assigned by such 
subsections or implementing regulations to the Secretary of the 
Interior (other than functions to be performed by the Bureau of Land 
Management) or the Secretary of Commerce, or their designees.
    (2)(A) Each Agency may apply to the Director, U.S. Fish and 
Wildlife Service, to be certified to perform, pursuant to paragraph 
(1), all functions in the processes established in subsection (a) 
through (c) of section 7 of the Endangered Species Act of 1973. The 
application shall contain a detailed summary of the personnel and funds 
available to, and the procedures adopted by, the Agency to perform such 
functions.
    (B) The Director shall have 30 days from the date of submission to 
notify the Agency of any further information required by the Director 
to consider the application submitted pursuant to subparagraph (A).
    (C) The Director, in consultation with the Director of the National 
Marine Fisheries Service, shall render a decision on an application 
submitted pursuant to subparagraph (A) within 90 days of the receipt 
thereof or of the submission by the Agency of further information 
pursuant to subparagraph (B), whichever is later: Provided, That if the 
Director fails to render a decision by such date, the Agency shall be 
deemed certified to perform the functions described in subparagraph 
(A).
    (D) The decision of the Director on an application submitted 
pursuant to subparagraph (A) shall provide a detailed explanation of 
the reasons therefor and be published in the Federal Register.
    (E) The decision of the Director on an application submitted 
pursuant to paragraph (A) shall not be subject to subsections (a) 
through (c) of section 7 of the Endangered Species Act of 1973 and 
section 102(2) of the National Environmental Policy Act of 1969 (42 
U.S.C. Sec. 4332(2)).
    (F) If an application of an Agency to be certified pursuant to this 
paragraph is denied, the Agency may file a subsequent application or 
applications pursuant to subparagraph (B) until such time as it 
receives certification.
    (b) Effect on Management Activities.--(1) Whenever a species is 
determined to be an endangered species or threatened species, or 
critical habitat is designated, pursuant to section 4 of the Endangered 
Species Act of 1973 (16 U.S.C. Sec. 1533) and the species or habitat is 
located on Federal lands, the Agency with jurisdiction over such lands 
shall determine whether the procedure established by section 7(a)(2) of 
such Act (16 U.S.C. Sec. 1536(a)(2)) and subsection (a) of this section 
is required on each resource management plan applicable to such lands 
within 90 days of the date of the determination or designation. Any 
amendment to or revision of a resource management plan resulting from 
the determination or designation which requires such procedure shall be 
completed within 12 months or 18 months, respectively, from the date of 
the determination or designation.
    (2) If the procedure prescribed by section 7(a)(2) of such Act and 
subsection (a) of this section is required on a resource management 
plan (or an amendment to or revision of the plan), the Agency 
implementing the plan may authorize, fund, or carry out any agency 
action that is consistent with the plan prior to completion of the 
procedure on the plan if the procedure prescribed by such section 
7(a)(2) and subsection (a) of this section concerning the same species 
or critical habitat is conducted on the action or if such procedure is 
not required on the action.

SEC. 204. WATER QUALITY PROTECTION.

    Any management activity on the Federal lands which constitutes a 
nonpoint source of water pollution, including, but not limited to, any 
activity associated with the harvesting and transporting of forest 
products, which is certified by the State in which such Federal lands 
are located to meet best management practices or the functional 
equivalent thereof shall be deemed to be in compliance with any 
applicable requirements arising from any area wide waste treatment 
management plan under section 208, and any management program under 
section 319(b), of the Clean Water Act (33 U.S.C. Sec. Sec. 1288 and 
1329(b)): Provided, That the Agency is not required to seek such 
certification for any management activity.

SEC. 205. AIR QUALITY PROTECTION.

    Notwithstanding the provisions of section 118(a) of the Clean Air 
Act (42 U.S.C. Sec.  7418), upon a finding by a forest supervisor of 
the Forest Service or a district manager of the Bureau of Land 
Management that a prescribed use of fire on Federal lands within the 
jurisdiction of such official would reduce the risk of greater 
emissions from a wildfire and will be conducted in a manner that 
minimizes impacts on air quality to the extent practicable, such use 
shall be deemed to be in compliance with any applicable requirements of 
any State implementation plan under section 110 of such Act (42 U.S.C. 
Sec. 7410), and any requirements imposed by the U.S. Environmental 
Protection Agency under such Act.

SEC. 206. MEETINGS WITH USERS OF THE FEDERAL LANDS.

    To improve and coordinate the management of Federal lands, the 
Secretary may, in his discretion, meet to discuss matters of mutual 
concern with one or more: holders of or applicants for permits, leases, 
contracts, or other authorizations for use of the Federal lands; other 
persons who conduct activities on the Federal lands; persons who own or 
manage lands adjacent to the Federal lands; or representatives thereof. 
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to 
meetings with any such individuals under this section: Provided, That 
nothing in this section shall be deemed to affect the exemption from 
the Federal Advisory Committee Act provided for meetings with elected 
officers of State, local and tribal governments by section 204(b) of 
the Unfunded Mandates Reform Act of 1995 (2 U.S.C. Sec. 1534(b)).

            TITLE III--DEVELOPMENT OF ECOREGION ASSESSMENTS

SEC. 301. PURPOSE.

    The purpose of this title is to authorize the development, and 
prescribe the use, of assessments of management issues that transcend 
the boundaries of Federal land planning units established pursuant to 
section 102 and land ownerships in order to inform resource management 
planning and the planning of management activities on the Federal 
lands.

SEC. 302. AUTHORIZATION AND NOTICE OF ASSESSMENTS.

    (a) Authorization.--Each Secretary is authorized to prepare or 
participate in the preparation of ecoregion assessments, which, in the 
Secretary's discretion, may encompass all Federal lands and lands of 
other ownership within a region specified by the Secretary: Provided, 
That non-Federal lands may be included in an assessment only upon the 
written concurrence of the Governor or Governors in whose States the 
lands are located.
    (b) Congressional and Public Notification.--(1) Ninety days prior 
to initiating any ecoregion assessment pursuant to subsection (a), the 
Secretary or Secretaries shall submit to the Committees of Congress as 
defined in section 3(2) and publish in the Federal Register a notice of 
intention to prepare the assessment.
    (2) The notice required by paragraph (1) shall include a 
description of the region and lands to be included in the assessment; 
the officials to be responsible for the ecoregion assessment; the 
estimated cost of, and deadlines for, the assessment; the charter for, 
or other instructions concerning, the conduct and substance of the 
assessment; the procedures for ensuring participation of the affected 
States, local governments, and tribes and the public in the preparation 
of the assessment; a thorough explanation of how the ecoregion was 
identified and the attributes which establish the ecoregion; and the 
detailed reasons for the decision to initiate the assessment.

SEC. 303. STATUS, EFFECT, AND APPLICATION OF ASSESSMENTS.

    (a) Non-Decisional Status.--The assessments prepared pursuant to 
section 302 shall not contain any decisions concerning resource 
management planning or management activities on the Federal lands. Any 
decision concerning resource management planning or management 
activities which reflects or employs information or analyses contained 
in an assessment prepared pursuant to section 302 shall be made in 
accordance with section 104(c) and this section.
    (b) Application of Assessments.--(1) Within 180 days of the 
completion of an assessment pursuant to section 302, each Forest 
Supervisor of the Forest Service and State Director of the Bureau of 
Land Management with jurisdiction over Federal lands to which the 
assessment applies shall review the assessment and determine whether 
the information contained therein warrants an amendment to or revision 
of any resource management plan applicable to such lands as required by 
section 104(c).
    (2) If an amendment or revision is determined warranted pursuant to 
paragraph (1), such amendment or revision shall be completed within the 
applicable deadline established by section 106 and otherwise comply 
with the requirements of this Act and other applicable law.
    (3) Until an amendment of or revision to a resource management plan 
based on an assessment is completed pursuant to paragraph (2), no 
management activity on Federal lands to which the plan applies shall be 
delayed or altered on the basis of the assessment.
    (4) No Federal official shall use an assessment, or any documents 
prepared pursuant to this title, to regulate, or otherwise apply the 
assessment or documents to, non-Federal lands.

SEC. 304. APPLICABILITY OF OTHER LAWS.

    In accordance with the limited status provided in section 303(a) 
for an assessment prepared pursuant to this title, each such assessment 
shall not be subject to section 102(2) of the National Environmental 
Policy Act of 1969 (42 U.S.C. Sec. 4332(2)), and subsections (a) 
through (d) of section 7 of the Endangered Species Act of 1973 (16 
U.S.C. Sec. 1536(a)-(d)).

SEC. 305. REPORT TO CONGRESS.

    Each Secretary shall submit a report to the Committees of Congress 
as defined in section 3(a)(2) on or before January 1, 1998, and January 
1 of each second year thereafter, on any assessments prepared pursuant 
to section 302, any implications for Federal land management derived 
from such assessments, and any amendments of or revisions to resource 
management plans based on such assessments. Each report also shall 
contain an analysis by the Secretary of the benefits and detriments of 
such assessments and any recommendations of the Secretary for improving 
the content and application of such assessments.

SEC. 306. PACIFIC NORTHWEST FOREST PLAN REVIEW.

    (a) Review.--With funds appropriated pursuant to subsection (d) or 
other Act, the Consortium of Regional Forest Assessment Centers, 
through the University of Washington, (hereinafter in this section 
referred to as the ``Consortium'') is authorized to conduct a review of 
the Pacific Northwest Forest Plan, and supporting documentation, 
including the April 13, 1994, ``Record of Decision for Amendments to 
Forest Service and Bureau of Land Management Planning Documents Within 
the Range of the Northern Spotted Owl''; February 1994 ``Final 
Environmental Impact Statement on Management of Habitat for Late-
Successional and Old-Growth Forest Related Species Within the Range of 
the Northern Spotted Owl''; and the July 1993 Report of the Forest 
Ecosystem Management Assessment Team, entitled ``Forest Ecosystem 
Management: An Ecological, Economic, and Social Assessment'' 
(hereinafter in this section referred to as the ``Plan'').
    (b) Contents.--The review authorized by subsection (a) shall 
include assessments of the following--
            (1) the significance, validity, and appropriateness of the 
        scientific information, assumptions, and modelling employed in 
        the decision to adopt the Plan;
            (2) the significance, validity, and appropriateness of any 
        pertinent information, assumptions, and modelling not employed 
        in the decision to adopt the Plan;
            (3) whether the Plan will achieve the resource protection 
        purposes, goals, or objectives established in, or underlying, 
        it;
            (4) whether the Plan is achieving and will achieve the 
        resource production purposes, goals, or objectives established 
        in, or underlying, it;
            (5) the operational and cost efficiencies to be effected by 
        the Plan and whether other methods or alternative approaches 
        would be more efficient; and
            (6) any recommendations for changes in the Plan, including 
        any suggestions for administrative or legislative action.
    (c) Completion and Submission.--(1) The review authorized by 
subsection (a) shall be completed not later than 180 days after receipt 
of the funds appropriated pursuant to subsection (d).
    (2) The review authorized by subsection (a) shall be submitted by 
the Consortium to the Committees of Congress.
    (3) The Consortium shall not submit, nor shall any officer or 
agency of the United States have any authority to require the 
Consortium to submit, the review authorized by subsection (a), or any 
testimony concerning the review, to any officer or agency of the United 
States for approval, comments, or review prior to the submission of the 
review or testimony to the Committees of Congress.
    (d) Appropriation Authorization.--There are authorized to be 
appropriated for use by the Consortium to conduct the review authorized 
by subsection (a) such sums as are necessary, but not more than 
$5,000,000. Such sums shall be disbursed to the Consortium by the 
Secretary of the Treasury.
    (e) Agency Cooperation.--Each department, agency, or 
instrumentality of the executive branch of the Federal government shall 
respond promptly and fully to any request for information or documents 
pertaining to the Plan submitted to it by the Consortium.

    TITLE IV--DEVELOPMENT OF A GLOBAL RENEWABLE RESOURCES ASSESSMENT

SEC. 401. PURPOSES.

    The purposes of this title are to eliminate a level of Forest 
Service planning in accordance with section 104(a); to repeal the 
provisions of the Forest and Rangeland Renewable Resources Planning Act 
of 1974 concerning the Renewable Resources Assessment and Renewable 
Resource Program, which continually have been altered by other agencies 
and political appointees within the Executive Branch and routinely have 
been ignored by the Forest Service as a guide to the development of 
resource management plans and management activities; to provide for the 
preparation of a Global Renewable Resources Assessment; and to 
establish an independent National Council on Renewable Resources Policy 
to be responsible for the Assessment.

SEC. 402. GLOBAL RENEWABLE RESOURCES ASSESSMENT.

    (a) Assessment.--(1) In recognition of the vital importance of 
renewable resources of the forest, range, and other associated lands to 
national and international social, economic, and environmental well-
being, and of the necessity for a long term perspective in the use and 
conservation of such resources and lands, the National Council on 
Renewable Resources Policy established under section 403 shall prepare 
a Global Renewable Resources Assessment (hereinafter in this title 
referred to as the ``Assessment'').
    (2) The Assessment shall be prepared and submitted to the 
Committees of Congress not later than five years from the date of 
enactment of this Act and within each successive five year period 
thereafter.
    (b) Assessment Contents.--The Assessment shall include but not be 
limited to--
            (1) an analysis of present and anticipated national and 
        international uses, demand for, and supply of the renewable 
        resources, with an emphasis on pertinent supply and demand and 
        price relationship trends;
            (2) an inventory of present and potential national and 
        international renewable resources, and an evaluation of 
        opportunities for improving their yield of tangible and 
        intangible goods and services, together with estimates of 
        investment costs and direct and indirect returns the various 
        governments;
            (3) an analysis of the environmental constraints, and the 
        effects thereof, on production of the renewable resources in 
        the United States and in other countries;
            (4) an analysis of the extent to which the programs of 
        other countries for management of renewable resources ensure 
        sustainable use and production of such resources;
            (5) a description of national and international programs 
        and responsibilities in research on renewable resources and 
        management of public and private forest, range, and other 
        associated lands;
            (6) a discussion of important policy considerations, laws, 
        regulations, and other factors expected to influence and affect 
        significantly the use, ownership, and management of public and 
        private forest, range, and other associated lands; and
            (7) recommendations for administrative or legislative 
        changes or initiatives to be undertaken by the Agencies or 
        Congress.

 SEC. 403. NATIONAL COUNCIL ON RENEWABLE RESOURCES POLICY.

    (a) Establishment.--There is hereby established a National Council 
on Renewable Resources Policy (hereinafter in this title referred to as 
the ``Council'') to perform the functions authorized in subsection (b).
    (b) Functions.--The functions of the Council shall be--
            (1) to prepare and submit to the Committees of Congress of 
        the Global Renewable Resources Assessment required by section 
        402;
            (2) from time to time during the five year periods between 
        each Assessment, as it deems appropriate, to submit 
        recommendations for administrative changes or initiatives to 
        the Agencies or legislative changes or initiatives to the 
        Committees of Congress; and
            (3) to conduct such analyses as requested by the Committees 
        of Congress or the Agencies.
    (c) Membership; Chair.--(1) The Council shall be composed of 
fifteen members, including five members appointed by the President, 
five members appointed by the President pro tempore of the Senate, and 
five members appointed by the Speaker of the House of Representatives.
    (2) The Chair of the Council shall be selected from among its 
members.
    (d) Terms; Vacancies.--(1) Except as provided in paragraphs (2) and 
(3), each member of the Council shall hold office for a term of seven 
years and until a successor is appointed.
    (2) Any member appointed to fill a vacancy occurring prior to the 
expiration of the term for which the member's predecessor was appointed 
shall be appointed for the remainder of such term.
    (3) The terms of the five members appointed by each official which 
first take office after the enactment of this Act shall expire as 
designated by the official at the time of the appointment, one at the 
end of three years, one at the end of four years, one at the end of 
five years, one at the end of six years, and one at the end of seven 
years.
    (4) A vacancy in the Council shall not impair the right of the 
remaining members to perform the functions authorized in subsection 
(b).
    (e) Executive Director.--(1) The Council shall have an Executive 
Director, who shall be appointed (without regard to the provisions of 
title 5, United States Code, governing appointments in the competitive 
service) by the Council and serve at the pleasure of the Council.
    (2) The Executive Director shall report to the Council and assume 
such duties as the Council may assign.
    (f) Compensation.--(1) The members of the Council who are not 
officers or employees of the United States, while attending 
conferences, hearings, or meetings of the Council or while otherwise 
serving at the request of the Chair shall each be entitled to receive 
compensation at a rate not in excess of the maximum rate of pay for 
grade GS-18, as provided in the General Schedule under section 5332 of 
title 5, United States Code, including travel time, and while away from 
their homes or regular places of business shall each be reimbursed for 
travel expenses, including per diem in lieu of subsistence as 
authorized by section 5703 of title 5, United States Code, for persons 
in Government service employed intermittently.
    (2) The Executive Director shall be paid at a rate of pay not in 
excess of the rate of pay for grade GS-18, as provided in the General 
Schedule under section 5332 of title 5, United States Code.
    (g) Contract Authority; Federal Agency Cooperation.--(1) In the 
performance of its functions, the Council is authorized to contract 
with the National Academy of Sciences and the National Academy of 
Engineering (acting through the National Research Council), the 
Consortium of Regional Forest Assessment Centers, and other 
nongovernmental entities, for the investigation of matters within their 
competence.
    (2) The heads of the departments, agencies, and instrumentalities 
of the executive branch of the Federal Government shall cooperate with 
the Council in the performance of its functions, and shall furnish to 
the Council such information as the Council deems necessary to carry 
out its functions. To the maximum extent feasible, the Council shall 
avoid undertaking, and shall incorporate in the Assessment as 
warranted, survey, inventory, or data collection activities otherwise 
conducted or capable of being conducted by agencies of the executive 
branch of the Federal Government, including the Forest Inventory and 
Analysis prepared by the Forest Service.
    (h) Appointment of Personnel.--In addition to authority to appoint 
personnel subject to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and to pay such 
personnel in accordance with the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to classification 
and General Schedule pay rates, the Council shall have authority to 
enter into contracts with private or public organizations who may 
furnish the Council with such administrative and technical personnel as 
may be necessary to carry out the purposes of this title. Personnel 
furnished by such organizations under this subsection are not, and 
shall not be considered to be, Federal employees for any purposes, but 
in the performance of their duties shall be guided by the standards 
which apply to employees of the legislative branches under rules 41 and 
43 of the Senate and House of Representatives, respectively.
    (i) Rules and Powers of the Council.--(1) The Council is authorized 
to establish such procedural and administrative rules as are necessary 
for the performance of its functions.
    (2) The Council, by one or more of its members or by such agents as 
it may designate, may conduct any hearing or other inquiry necessary or 
appropriate to its functions.
    (j) Transmittals of the Assessment, Budget Requests, and 
Legislative Recommendations.--(1) Whenever the Council submits any 
budget estimate or request to the President or the Office of Management 
and Budget, it shall transmit concurrently copies of that estimate or 
request to the Appropriations Committees of the Senate and House of 
Representatives.
    (2) Whenever the Council transmits the Assessment, analyses, or 
recommendations referred to in subsection (b) or any testimony or any 
comments on legislation to the Agencies, the President, or the Office 
of Management and Budget, it shall transmit concurrently copies thereof 
to the Committees of Congress. No officer or agency of the United 
States shall have any authority to require the Council to submit its 
Assessment, analyses, recommendations referred to in subsection (b), or 
any testimony or any comments on legislation, to any officer or agency 
of the United States for approval, comments, or review prior to the 
submission of the Assessment, analyses, recommendations, testimony or 
comments to the Committees of Congress. In instances where the Council 
voluntarily seeks to obtain such comments or review of any officer or 
agency of the United States, the Council shall include a description of 
such actions in the Assessment, analyses, recommendations, testimony, 
or comments which it transmits to the Congress.

SEC. 404. REPEAL OF CERTAIN PROVISIONS OF THE FOREST AND RANGELAND 
              RENEWABLE RESOURCES PLANNING ACT.

    The following sections of the Forest and Rangeland Renewable 
Resources Planning Act (16 U.S.C. Sec. Sec. 1601 et seq.) (as 
redesignated by section 2 of, and otherwise amended by, the National 
Forest Management Act of 1976 (90 Stat. 2949) are amended--
            (1) in section 3--
                    (A) by deleting subsections (a), (b), and (c);
                    (B) in subsection (d)--
                            (i) by redesignating paragraphs (1), (2), 
                        and (3) as subsections (a), (b), (c), 
                        respectively;
                            (ii) in paragraph (1), redesignated as 
                        subsection (a) by clause (i), by deleting 
                        ``budget together with the annual report 
                        provided for under section 8(c) of this Act,'' 
                        and inserting ``budget,''; and
                            (iii) in paragraph (3), redesignated as 
                        subsection (c) by clause (i), by deleting 
                        ``subsection (d)'' and inserting ``section''; 
                        and
                    (C) by redesignating subsection (e) as subsection 
                (d);
            (2) by deleting section 4 in its entirety;
            (3) in section 5, by deleting ``As a part of the 
        Assessment, the'' and inserting ``The'';
            (4) in section 6--
                    (A) in subsection (a), by deleting ``As a part of 
                the Program provided for by section 3 of this Act, 
                the'' and inserting ``The''; and
                    (B) in subsection (g)(3), by deleting ``developed 
                to achieve the goals of the Program'';
            (5) in section 7, by deleting ``Assessment, resource 
        surveys, and Program'' and inserting ``resource surveys''; and
            (6) by deleting section 8 in its entirety.

                        TITLE V--ADMINISTRATION

                           PART A--IN GENERAL

SEC 501. CONFIRMATION OF THE CHIEF OF THE FOREST SERVICE.

    (a) Confirmation.--The Forest Service, Department of Agriculture, 
shall be headed by the Chief who shall be appointed by the President, 
by and with the advice and consent of the Senate. As an exercise of the 
rulemaking power of the Senate, any nomination of the Chief submitted 
to the Senate for confirmation, and referred to a committee, shall be 
referred to the Committee on Agriculture, Nutrition, and Forestry and 
the Committee on Energy and Natural Resources. No person may undertake 
the functions or exercise the authority of a Chief for more than 180 
days without the advice and consent of the Senate.
    (b) Qualifications.--In nominating a Chief for appointment pursuant 
to paragraph (1), the President shall select a person who is 
exceptionally qualified for such position by virtue of:
            (1) Possession of a degree in a scientific or engineering 
        discipline that is relevant to decisions concerning management 
        of the Federal lands;
            (2) for a period of not less than 5 years, having had 
        direct responsibility for, and possessed and exercised 
        authority to make decisions concerning, the management, or 
        research pertaining to the management, of Federal lands or 
        other lands administered for purposes that are not dissimilar 
        to the purposes for which Federal lands are managed; and
            (3) for a period of not less than 5 years, having 
        administered a program or office which has or had a number of 
        employees equal to or greater than the average number of full-
time equivalent employees in national forest supervisors' offices of 
the Forest Service on or about the date of the appointment.

SEC. 502. MONITORING FUNDS.

    (a) Establishment of Funds.--The Secretary of the Interior shall 
establish a Public Lands Monitoring Fund and the Secretary of 
Agriculture shall establish a Forest Lands Monitoring Fund.
    (b) Payment Into Funds.--(1) Any revenues from Federal lands 
described in section 3(a)(4)(A) received by the Secretary of the 
Interior in any fiscal year in excess of revenues from such lands 
projected for the Bureau of Land Management in the baseline budget of 
the President for such fiscal year, minus the funds necessary to make 
payments to States or local governments under other laws concerning the 
distribution of revenues derived from such lands, shall be deposited 
into the Public Lands Monitoring Fund.
    (2) Any revenues from Federal lands described in section 3(a)(4)(B) 
received by the Secretary of Agriculture in any fiscal year in excess 
of revenues from such lands projected for the Forest Service in the 
baseline budget of the President for such fiscal year, minus the funds 
necessary to make payments to States or local governments under other 
laws concerning the distribution of revenues derived from such lands, 
shall be deposited in the Forest Lands Monitoring Fund.
    (c) Use of Fund Monies.--(1) Funds deposited into the Public Lands 
Monitoring Fund shall be available, without fiscal year limitation or 
further appropriation, to the Secretary of the Interior to conduct the 
monitoring required by section 115(b) or pursuant to section 110(a)(3) 
or 110(b)(4)(B).
    (2) Funds deposited in the Forest Lands Monitoring Fund shall be 
available, without fiscal year limitation or further appropriation, to 
the Secretary of Agriculture to conduct the monitoring required by 
section 115(b) or pursuant to section 110(a)(3) or 110(b)(4)(B).

SEC. 503. INTERAGENCY TRANSFER AND INTERCHANGE AUTHORITY.

    (a) Transfer and Interchange Authority.--To facilitate land 
management or achieve other authorized public purposes, the Secretary 
of the Interior, with respect to Federal lands described in section 
3(a)(4)(A) which are within or adjacent to Federal lands described in 
section 3(a)(4)(B), and the Secretary of Agriculture, with respect to 
Federal lands described in section 3(a)(4)(B) which are within or 
adjacent to Federal lands described in section 3(a)(4)(A), are 
authorized to transfer to the other Secretary jurisdiction over lands 
not exceeding 5,000 acres in size or to interchange jurisdiction over 
lands not exceeding an aggregate of 10,000 acres per transaction.
    (b) Conditions.--(1) Transfers or interchanges made pursuant to 
this section shall be without reimbursement or transfer of funds.
    (2) Lands transferred or interchanged pursuant to this section 
shall become a part of the unit and managed in accordance with the 
laws, rules, and regulations of the agency and administrative unit to 
which jurisdiction has been transferred.
    (3) A transfer or interchange pursuant to this section shall not 
alter, amend, or modify any legislative designation or provisions 
applicable to the affected lands prior to the transaction.
    (4) The transfer of lands under this section shall be subject to 
valid existing rights.
    (c) Public Notice.--The Secretaries shall publish in the Federal 
Register at least 30 days prior to any transfer or interchange to be 
made pursuant to this section a notice of such transaction, together 
with a description of the resource management objectives or public 
interest to be served by such transaction.

SEC. 504. FEES FOR PROCESSING RECORDS REQUESTS.

    Notwithstanding any other provision of law, the Secretaries may not 
waive or reduce any fee applicable to the processing of a request that 
exceeds $1,000, or of multiple requests from the same company, 
organization, or other entity, including any affiliates or members of 
the same company, organization or other entity, that exceed $1,000 
within a 6-month period, for records under section 1 of the Act of 
September 6, 1996, as amended (5 U.S.C. Sec. 552).

SEC. 505. OFF-BUDGET STUDY.

    Within twelve months from the date of enactment of this Act, the 
United States General Accounting Office shall conduct, and report to 
the Committees of Congress the results of, a study of the feasibility 
and likely effects of prohibiting any appropriations of funds to the 
Forest Service and Bureau of Land Management, except for activities of 
such agencies conducted on or related to non-Federal lands, and 
permitting such agencies to retain for their use, without further 
approval of, or appropriation by, Congress and without fiscal year 
limitation, all revenues collected from the Federal lands, with 
revenues from mineral activities on Federal lands identified in section 
3(a)(4)(B) retained by the Forest Service, minus the funds necessary to 
make payments to State and local governments under other laws 
concerning the distribution of revenues from the Federal lands.

                       PART B--NON-FEDERAL LANDS

SEC. 506. ACCESS TO ADJACENT OR INTERMINGLED NON-FEDERAL LANDS.

    (a) Deadlines.--(1) Each Secretary shall process any application 
for access over, upon, under, or through Federal lands within the 
jurisdiction of the Secretary to nonFederal land pursuant to section 
1323 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 
Sec. 3210) within 180 days of receipt of a complete application.
    (2)(A) Each Secretary shall notify in writing an applicant for 
access in accordance with this section whether an application is 
complete within 15 days of receipt thereof.
    (B) If a Secretary finds an application for access in accordance 
with this section to be incomplete, the Secretary shall describe in 
detail in the notice required by subparagraph (A) what additional 
information is necessary to render the application complete.
    (3)(A) If an application for access in accordance with this section 
has not been fully processed by the deadline established in paragraph 
(1), it shall be deemed approved as described in the application.
    (B) If the Secretary fails to notify an applicant for access in 
accordance with this section by the deadline established in paragraph 
(2)(A), the application shall be deemed complete.
    (b) Environmental Analysis and Requirements.--(1) The environmental 
analysis documents required by section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. Sec. 4332(2)) and section 7 
of the Endangered Species Act of 1973 (16 U.S.C. Sec. 1536) shall 
consider the environmental effects of the construction, maintenance and 
use of the access across the Federal lands and shall not consider the 
use of the non-Federal lands to be accessed.
    (2) Any limitation or condition on the access which the Secretary 
is permitted to impose pursuant to section 1323 of the Alaska National 
Interests Lands Conservation Act shall limit or condition solely the 
construction, maintenance, or use of the access across the Federal 
lands and not the use of the non-Federal lands to be accessed.

SEC. 507. EXCHANGES OF FEDERAL LANDS FOR NONFEDERAL LANDS.

    Section 206 of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. Sec. 1716) is amended:
            (1) In subsection (b), by inserting ``(1)'' after ``(b)'' 
        and adding at the end thereof the following paragraphs:
            ``(2)(A) An environmental assessment shall be the document 
        prepared for any exchange under this Act pursuant to section 
        102(2) of the National Environmental Policy Act of 1969 (42 
        U.S.C. Sec. 4332(2)). Such document shall not include any 
        assessment of the future use or development of the Federal land 
        after it is conveyed by exchange, except for consideration of 
        any plans or proposals for such land available to the Secretary 
        concerned prior to publication of the environmental assessment.
            ``(B) For any land exchange required by an Act of Congress 
        in which the specific lands or interests in lands to be 
        exchanged are described, unless otherwise required by such Act, 
        no documentation pursuant to section 102(2) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. Sec. 4332(2)) shall 
        be required.
            ``(C) Any procedure required for an exchange under this Act 
        pursuant to section 7(a) of the Endangered Species Act of 1973 
        (16 U.S.C. Sec. 1536(a)) shall be completed within 45 days 
        after the date on which the procedure is initiated.
            ``(D) After completion of an exchange under this Act, the 
        Secretary concerned shall not, except as otherwise provided by 
        law or regulation, undertake or authorize any action on the 
        non-Federal land or interest in land acquired in the exchange 
        until the Secretary has complied with section 102(2) of the 
        National Environmental Policy Act of 1969 and section 7(a) of 
        the Endangered Species Act of 1973 concerning such action, and 
        completed any necessary amendment to or revision of the land 
        management plan applicable to such land.
            ``(3) The Secretary concerned shall complete processing, 
        and make a final decision, on any exchange under this Act 
        within one year from the date of submission of the application 
        for the exchange.
            ``(4) The non-Federal land or interest in land to be 
        included in any exchange under this Act shall be valued without 
        the application of any Federal or State restriction concerning 
        an environmental value or resource the protection of which is 
        considered by the Secretary concerned as a public benefit to be 
        obtained by the exchange.
            ``(5) The Secretary concerned may employ competitive 
        methods to dispose by exchange of Federal lands or interests in 
        lands which are unique in character, which have values atypical 
        of the general market, for which market data is limited, or for 
        which competitive interest is demonstrated. The Secretary 
        concerned is not obligated to select the highest value property 
        offered in exchange for such Federal lands or interests and may 
        reject any and all proposals for exchange.
            ``(6) The Secretary concerned may prequalify Federal lands 
        or interests in lands for exchange as a means of preliminary 
        identification of lands or interests suitable for disposal. For 
        the purposes of this paragraph, the term ``prequalify'' means 
        conducting the necessary assessments and inventories for lands 
        or interests with the recognition that such assessments and 
        inventories may need to be updated or completed in greater 
        detail to reflect changes occurring after the date on which the 
        Secretary prequalified the lands or interests.
            ``(7) For Federal lands or interests in lands acquired by a 
        State in exchange for school trust lands held by the State, the 
        Secretary concerned, in lieu of conducting a cultural 
        assessment under section 106 of the National Historic 
        Preservation Act (16 U.S.C. 470f  ) on such lands or interests 
        prior to their transfer, may enter into an agreement with the 
        State which provides for protection of archaeological resources 
        and sites known or later discovered on such lands or interests 
        to the maximum extent practicable under State law.
            ``(8) Existing exchange authorities of the Secretary of 
        Agriculture may be used to exchange federally owned subsurface 
        rights underlying non-Federal surface lands located within the 
        boundaries of a unit of the National Forest System, or where 
        the Federal subsurface rights were acquired under the Bankhead-
        Jones Farm Tenant Act of 1937 (7 U.S.C. 1010-1012) which are 
        administered as part of the National Forest System. Any such 
        exchange shall not conflict with any prior Federal sale or 
        lease of subsurface resources as determined through 
        consultation between the Secretary of Agriculture and the 
        Secretary of the Interior prior to any such exchange.
            ``(9)(A) Amounts received by the Secretary concerned under 
        paragraph (1) shall be deposited in special funds established 
        in the Treasury of the United States for the Bureau of Land 
        Management and Forest Service, subject to subparagraph (B). 
        Amounts in each fund, subject to appropriations, shall be 
        available to the Secretary concerned for processing land 
        exchanges, including cash equalization.
            ``(B) Amounts in each fund referred to in subparagraph (A) 
        may not exceed $12,000,000 at any time. Amounts received by the 
        Secretary concerned under this section which, but for this 
        subparagraph, would be added to each fund shall instead be 
        covered into the Treasury of the United States as miscellaneous 
        receipts.''.
          (2) In subsection (h), by striking out ``$150,000'' and 
        inserting in lieu thereof ``$500,000''.

                      PART C--THE FOREST RESOURCE

SEC. 508. FOREST HEALTH CREDITS IN SALES OF FOREST PRODUCTS.

    (a) Authority To Issue Forest Health Credits.--(1) The Secretaries 
are authorized to require, as a condition of any specific salvage sale 
of forest products from the Federal lands or any sale of forest 
products constituting a forest health enhancement project pursuant to 
section 509, that the purchaser undertake a forest health management 
activity or activities as defined in subsection (j) which address 
effects of the operation of the sale or past sales of forest products 
or involve vegetation management within the area of the sale or the 
area in which such effects are located.
    (2) A condition described in paragraph (1) may be included in a 
contract of sale only when the Secretary determines that--
            (A) the land management objectives of the forest health 
        management activity or activities can be accomplished most 
        efficiently when performed as part of the sale contract; and
            (B) it is unlikely that the forest health management 
        activity or activities will be performed except under the 
        authority of this section.
    (3) The original term of any sale contract with a condition 
described in paragraph (1) shall not exceed three years.
    (b) Financing and Supplemental Funding.--(1) Financing of the 
forest health management activity or activities in a contract for a 
sale under the authority of subsection (a) shall be accomplished by 
including provisions in the contract for amortization of the cost of 
such activity or activities through issuance of forest health credits 
to the purchaser which offset such cost against the purchaser's payment 
for the forest products materials.
    (2)(A) Appropriated funds may be used to assist the forest health 
management activity or activities in a contract for sale under the 
authority of subsection (a) if such funds are provided by the resource 
function or functions that directly benefit from the performance of the 
activity or activities and are available from the annual appropriation 
of such function or functions during the fiscal year in which the sale 
is offered.
    (B) The amount to be paid from appropriated funds for each forest 
health management activity shall be included in the prospectus, and 
published in the advertisement, for the sale.
    (c) Determining Forest Health Credits.--(1) Prior to the 
advertisement of a sale under the authority of subsection (a), the 
Secretary shall determine the amount of forest health credits to be 
allocated to each forest health management activity to be performed by 
the purchaser under the contract.
    (2) A description of the forest health management activity or 
activities to be performed by the purchaser, and the amount of forest 
health credits allocated to each activity, shall be included in the 
prospectus, and published in the advertisement, for the sale.
    (d) Changed Conditions.--The Secretary, with the concurrence of the 
purchaser of a sale under the authority of subsection (a), may alter 
the scope of work of a forest health management activity or activities, 
and the amount of forest health credits for the activity or activities, 
in the sale after award of the sale and prior to operation of the sale 
when warranted by a change in conditions.
    (e) Transfer of Forest Health Credits.-- Each Secretary may permit 
the transfer of unused forest health credits from one sale under the 
authority of subsection (a) to another such sale held by the same 
purchaser if such other sale applies to Federal lands that are under 
the jurisdiction of such Secretary and located in the same State as the 
original sale.
    (f) Existing Procedures.--To the extent feasible, in preparing, 
awarding, and administering sales under the authority of subsection 
(a), each Secretary shall adhere to the procedures and requirements 
developed by the Forest Service for sales of forest products requiring 
road construction by sale purchasers pursuant to section 4(2) of the 
National Forest Roads and Trails Act (16 U.S.C. Sec. 535(2)): Provided, 
That nothing in this section shall be deemed to require or authorize 
any alteration in the procedures or requirements for sales of forest 
products under section 4(2) including the applicable provisions of the 
small business set-aside program and procedures for calculating 
payments to counties of a portion of sale receipts.
    (g) Cost Considerations.--Sales under the authority of subsection 
(a) shall not be precluded because the costs of such sales are likely 
to exceed the revenues derived from such sales nor shall such sales be 
considered in any calculations concerning the revenue effects of forest 
products sales programs for the Federal lands or units thereof.
    (h) Monitoring and Report.--The Secretaries shall monitor the 
performance of contracts for sales issued under the authority of 
subsection (a) and submit a joint report to the committees of Congress 
no later than the date four years from the date of enactment of this 
Act which assesses the effectiveness of such contracts, discusses 
whether continued use of such contracts is advisable, and offers any 
changes in the law or regulations governing, or in the administration 
of, such contracts which the Secretaries deem appropriate.
    (i) Termination of Authority.--(1) The authority to offer sales of 
forest products pursuant to this section shall terminate five years 
after the date of enactment of this Act.
    (2) Any contract for sale under the authority of subsection (a) 
that is issued prior to, and is in effect at, the end of such five year 
period shall remain in effect under its terms thereafter.
    (j) Definition.--For purposes of this section, the term ``forest 
health management activity'' means any thinning, salvage, forest stand 
improvement, reforestation, prescribed burning (including natural 
ignition) or other fuels management, insect or disease control, 
riparian or other habitat improvement, or other activity, the purpose 
of which is to--
            (1) arrest the decline in forest health and restore forest 
        health in the area in which the activity is to be undertaken to 
        a condition capable of supporting and sustaining the uses of 
        the area within the historic range of variability of such area 
        or as determined in the land management plan or plans 
        applicable to such area;
            (2) safeguard human life, property, and communities on and 
        near the Federal lands, particularly in wildland/urban 
        interface areas;
            (3) protect the various forest resources of the Federal 
        lands placed at risk by adverse forest health conditions, 
        including air and water quality, wildlife, and recreation and 
        visual values;
            (4) restore, maintain, or enhance the integrity of 
        ecosystems, watersheds, and habitats damaged or placed at risk 
        by adverse forest health conditions; or
            (5) protect existing Federal investments in the forest 
        resources of the Federal lands, and future Federal, State, and 
        local revenues that otherwise would be foregone.

SEC. 509. SPECIAL FUNDS.

    (a) Bureau of Land Management.--The Secretary of the Interior shall 
maintain a special fund established pursuant to Public Law 102-381, 
which shall be derived from the Federal shall of all monies received 
from the salvage sales of forest products from all lands administered 
by the Bureau of Land Management, Department of the Interior, and which 
shall be available, without further appropriation, for the purposes of 
planning and preparing salvage sales of forest products, the 
administration of salvage sales, and subsequent site preparation and 
reforestation, and forest health enhancement projects, including, but 
not limited to, prescribed burning (including natural ignition) or 
other fuels management, site preparation, tree planting, protection of 
seedlings from animals and other environmental elements, release from 
competing vegetation, and stand thinning. The Federal share of any 
revenues received from forest health enhancement projects shall be 
returned to the special fund and be made available for the purposes 
provided in this subsection.
    (b) Forest Service.--The Federal share of all monies received from 
the salvage sales of forest products from, and any other activities 
funded pursuant to this subsection on, lands within the National Forest 
System may be credited to the Forest Service Permanent Appropriations 
to the expended for: salvage sales of forest products from any national 
forest; preparation of sales of forest products to replace sales lost 
to fire or other causes; preparation of sales of forest products to 
replace sales inventory on the shelf for any national forest to a level 
sufficient to maintain new sales availability equal to a rolling 5-year 
average of the total sales offering; design, engineering, and 
supervision of construction of roads lost to fire or other causes 
associated with the sales programs described in this subsection; 
watershed assessment activities; and forest health enhancement 
projects, including, but not limited to prescribed burning (including 
natural ignition or other fuels management, site preparation, tree 
planting, protection of seedlings from animals and other environmental 
elements, release from competing vegetation, and stand thinning.
    (c) Payments to Local Governments.--Moneys received from the 
salvage sales of forest products, and other activities funded, pursuant 
to this section shall be considered as money received for purposes of 
computing and distributing payments to State and local governments 
under other law concerning the distribution of revenues derived from 
forest resources from the affected lands.

SEC. 510. PRIVATE CONTRACTORS.

    To preserve budgetary and personnel resources, each Secretary shall 
use to the maximum extent feasible private contractors to prepare sales 
for forest products: Provided, That--
            (1) any work conducted by a contractor on a sale shall be 
        reviewed and approved by the Secretary before any decision on 
        the design of, conditions for, or approval or disapproval of 
        the sale may be made by the Secretary;
            (2) a contractor who worked on a sale may not submit 
        comments on, or otherwise participate in, any decision by the 
        Secretary on the design, conditions for, or approval or 
        disapproval of the sale; and
            (3) a contractor who conducted work on a sale, any entity 
        owned or controlled by the contractor, or any member of the 
        family of the contractor, may not bid on the sale or provide 
        any information to potential bidders and bidders on the sale 
        prior to award of the sale.

SEC. 511. NON-HARVESTED FOREST PRODUCTS SALES.

    (a) Qualifying Sales.--Notwithstanding any other provision of law, 
a purchaser of a sale of forest products from the Federal lands, other 
than a sale pursuant to section 508(a) or section 509 or a sale which 
has its primary purpose vegetative management or land management other 
than the disposal of forest products, may elect not to harvest the 
stand or stands of trees subject to the sale (hereinafter referred to 
in this section as ``an election sale'').
    (b) Contract Term.--Any election sale shall have a term the length 
of which corresponds to the expected silvicultural rotation in a sale 
designed to regenerate even-aged stands or the period prior to the next 
scheduled entry for a sale designed to develop and maintain uneven-aged 
stands.
    (c) Contract Termination.--If, during the contract term of an 
election sale, the stand or stands of trees subject to the sale are 
substantially damaged by fire, windthrow, disease, insect infestation, 
or other natural event, and the Secretary determines, after an 
opportunity for public hearing, that harvesting of the stand or stands 
is necessary to avoid damage to adjacent forested areas, the Secretary 
may terminate the contract and return a pro-rata share of the purchase 
price, together with interest thereon, to the purchaser. The decision 
to terminate a contract pursuant to this subsection shall not be 
subject to section 102(2) of the National Environmental Policy Act of 
1969 (42 U.S.C. Sec. 4332(2)) or section 7 of the Endangered Species 
Act of 1973 (16 U.S.C. Sec. 1536): Provided, That any new sale of the 
stand or stands of trees subject to the contract shall comply with such 
provisions of law.
    (d) Sale Announcement.--The notice of sale for each sale of forest 
products from the Federal lands shall disclose if the sale is offered 
pursuant to section 508(a) or section 509 or for the primary purpose of 
land management or treatment. If the sale is qualified to be an 
election sale, the notice shall also state the term of the contract for 
any purchaser who intends not to harvest the stand or stands of trees 
subject to the sale.
    (e) Notice of Intent.--A prospective purchaser of a sale of forest 
products from the Federal lands qualified to be an election sale which 
intends not to harvest the stand or stands subject to the sale shall 
provide written notice of such intention to the Agency with the 
submission of its bid for the sale.
    (f) Winning Bid Determination.--In determining the winning bidder 
for an election sale that has specifications for road construction or 
reconstruction, the Secretary shall deduct from the bid of any 
prospective purchaser which has provided notice of intent not to 
harvest pursuant to subsection (e) the estimated cost of such 
construction or reconstruction.
    (g) Definition.--Within 90 days of enactment of this Act, each 
Secretary shall publish in the Federal Register a definition of the 
term ``vegetative management or land management other than disposal of 
forest products'' in subsection (a) and guidance concerning the 
determination of whether a sale of forest products from the Federal 
lands meets such definition.

SEC. 512. EXEMPTION FROM STRICT LIABILITY FOR THE RECOVERY OF FIRE 
              SUPPRESSION COSTS.

    Section 504(h) of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. Sec. 1764(h)) is amended by adding at the end thereof 
the following new paragraph:
            ``(3) No regulation shall impose liability without fault 
        for fire suppression costs with respect to a right-of-way 
        granted, issued, or renewed under this Act to or for a non-
        profit entity, including a non-profit entity that uses such 
        right-of-way for the delivery of electricity to parties having 
        an equity interest in such entity.''.

                        TITLE VI--MISCELLANEOUS

SEC. 601. REGULATIONS.

    Not later than eighteen months from the date of enactment of this 
Act, each Secretary shall promulgate any regulations necessary to carry 
out the purposes and provisions of this Act.

SEC. 602. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated in the fiscal year in which 
this Act is enacted and each fiscal year for ten fiscal years 
thereafter such sums as may be necessary to carry out the provisions of 
this Act. Notwithstanding any other provision of law, all other 
authorizations for appropriations for the management of Federal lands 
shall expire on the same date as the expiration of the appropriations 
authority of this section.

SEC. 603. EFFECTIVE DATE.

    The provisions of this Act shall take effect on the date of 
enactment of this Act. No decision or action required or authorized by 
this Act shall be delayed pending promulgation of any regulation to 
carry out the provisions of this Act.

SEC. 604. SAVINGS CLAUSES.

    (a) O & C Lands Act.--Notwithstanding any provision of this Act, 
except title VI, in the event of conflict with or inconsistency between 
this Act and the Acts of August 28, 1937 (50 Stat. 874; 43 U.S.C. 
Sec. Sec. 1181a-1181j) and May 24, 1939 (53 Stat. 753), the latter Acts 
shall prevail.
    (b) Land Use Rights and Authorizations.--Nothing in this Act shall 
be construed as terminating any valid lease, permit, patent, right-of-
way, or other right of, or authorization for, use of the Federal lands, 
including any Native American treaty right, existing on the date of 
enactment of this Act.
    (c) Valid Existing Rights.--All actions taken by the Secretaries 
under this Act shall be subject to valid existing rights.

SEC. 605. SEVERABILITY.

    If any provision of this Act or the application thereof is held 
invalid, the remainder of the Act, or any other application thereof, 
shall not be affected thereby.
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