[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1467 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1467

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 1997

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

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Forest Recovery 
and Protection Act of 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. National Program of Forest Recovery and Protection.
Sec. 5. Scientific Advisory Panel.
Sec. 6. Advance recovery projects.
Sec. 7. Forest Recovery and Protection Fund for National Forest System 
                            lands.
Sec. 8. Expansion of purpose of Forest Ecosystems Health and Recovery 
                            Fund for BLM lands.
Sec. 9. Effect of failure to comply with time limitations.
Sec. 10. Authorization of appropriations.
Sec. 11. Audit requirements.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) There are tradeoffs in values associated with 
        proactive, passive, or delayed forest management, but the 
        values gained by proactive management outweigh the values 
        gained by delayed or passive management of certain Federal 
        forest lands.
            (2) Increases in both the number and severity of wildfire, 
        insect infestation, and disease outbreaks on Federal forest 
        lands are occurring as a result of high tree densities, species 
        composition, and structure that are outside the historic range 
        of variability. These disturbances cause or contribute to 
        significant soil erosion, degradation of air and water quality, 
        loss of watershed values, habitat loss, and damage to other 
        forest resources.
            (3) Serious forest health problems occur in all regions of 
        the United States. Management activities to restore and protect 
        forest health are needed in each region and should be designed 
        to address region-specific needs.
            (4) Between 35,000,000 and 40,000,000 of the 191,000,000 
        acres of Federal forest lands managed by the Forest Service are 
        at an unacceptable risk of destruction by catastrophic 
        wildfire. Additional tens of millions of Bureau of Land 
        Management lands are in the same situation. The condition of 
        these forests can pose a significant threat of destruction to 
        human life as well as fish and wildlife habitats, public 
        recreation areas, timber, and other important forest resources.
            (5) Restoration of forest health requires active forest 
        management involving a range of management activities, 
        including thinning, salvage, prescribed fire (after appropriate 
        thinning), insect and disease control, riparian and other 
        habitat improvement, soil stabilization and other water quality 
        improvement, and seedling planting and protection.
            (6) A comprehensive, nationwide effort is needed to address 
        forest health decline in an organized, timely, and scientific 
        manner. There should be immediate action to improve the areas 
        of Federal forest lands where forest health decline has been 
        thoroughly inventoried and assessed or where serious resource 
        destruction or degradation by natural disturbance is imminent.
            (7) Frequent forest inventory and analysis of the status 
        and trends in the conditions of forests and their resources are 
        needed to identify and reverse declining forest health in a 
        timely and effective manner. The present average 12- to 15-year 
        cycle of forest inventory and analysis to comply with existing 
        statutory requirements is too prolonged to provide forest 
        managers with the data necessary to make timely and effective 
        management decisions, particularly decisions responsive to 
        changing forest health conditions.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Federal forest lands.--The term ``Federal forest 
        lands'' means--
                    (A) forested lands created from the public domain 
                that are under the jurisdiction of the Bureau of Land 
                Management; and
                    (B) forested lands created from the public domain 
                that are within the National Forest System.
            (2) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to Federal forest lands described 
                in paragraph (1)(A), the Secretary of the Interior or 
                the Secretary's designee; and
                    (B) with respect to Federal forest lands described 
                in paragraph (1)(B), the Secretary of Agriculture or 
                the Secretary's designee.
            (3) Land management plan.--The term ``land management 
        plan'' means--
                    (A) a land use plan prepared by the Bureau of Land 
                Management pursuant to section 202 of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1712), or 
                other multiple use plan in effect, for a unit of the 
                Federal forest lands described in paragraph (1)(A); or
                    (B) a land and resource management plan (or, if no 
                final plan is in effect, a draft land and resource 
                management plan) prepared by the Forest Service 
                pursuant to section 6 of the Forest and Rangeland 
                Renewable Resources Planning Act of 1974 (16 U.S.C. 
                1604) for Federal forest lands described in paragraph 
                (1)(B).
            (4) National program.--The term ``national program'' means 
        the National Program of Forest Recovery and Protection required 
        by section 4.
            (5) Scientific advisory panel.--The term ``Scientific 
        Advisory Panel'' means the advisory committee appointed under 
        section 5.
            (6) Recovery area.--The term ``recovery area'' means an 
        area of Federal forest lands, designated by the Secretary 
        concerned under section 4(c)--
                    (A) that has experienced disturbances from 
                wildfires, insect infestations, wind, flood, or other 
                causes, which have caused or contributed to significant 
                soil erosion, degradation of water quality, loss of 
                watershed values, habitat loss, or damage to other 
                forest resources of the area; or
                    (B) in which the forest structure, function, or 
                composition has been altered so as to increase 
                substantially the likelihood of wildfire, insect 
                infestation, or disease in the area and the consequent 
                risks of damage to soils, water quality, watershed 
                values, habitat, and other forest resources from 
                wildfire, insect infestation, or disease.
            (7) Recovery project.--The terms ``recovery project'' and 
        ``forest health recovery project'' mean a project designed by 
        the Secretary concerned to improve, preserve, or protect the 
        soils, water quality, watershed values, habitat, and other 
        forest resources within a designated recovery area, including 
        stand thinning, salvage, and other harvesting activities, as 
        well as activities in which the cutting of trees is not 
        primarily featured, such as prescribed burning (after 
        appropriate thinning), insect and disease control, riparian and 
        other habitat improvement, soil stabilization and other water 
        quality improvement, and seedling planting and protection.
            (8) Implementation date.--The term ``implementation date'' 
        means the first day of the first month beginning after the end 
        of the 18-month period beginning on the date of enactment of 
        this Act. However, if the implementation date would occur 
        within 6 months before August 31 of the same fiscal year in 
        which the implementation date would occur, the Secretary 
        concerned may deem that August 31 to be the implementation 
        date.
            (9) Fund.--The terms ``Fund'' and ``affected Fund'' mean--
                    (A) with respect to implementation of the national 
                program on Federal forest lands described in paragraph 
                (1)(A), the revolving fund established under the 
                heading ``(revolving fund, special account)'' under the 
                heading ``forest ecosystems health and recovery'' under 
                the heading ``Bureau of Land Management'' in title I of 
                the Department of the Interior and Related Agencies 
                Appropriations Act, 1993 (Public Law 102-381; 106 Stat. 
                1376; 43 U.S.C. 1736a); and
                    (B) with respect to implementation of the national 
                program on Federal forest lands described in paragraph 
                (1)(B), the Forest Recovery and Protection Fund 
                established under section 7.

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

    (a) National Program Required.--Not later than the implementation 
date, the Secretary concerned shall commence a national program to 
restore and protect the health of forests located on Federal forest 
lands in the United States through the performance of recovery projects 
in designated recovery areas.
    (b) Standards and Criteria.--
            (1) Initial publication.--Not later than the implementation 
        date, the Secretary concerned shall publish in the Federal 
        Register the standards and criteria to be used for the 
        designation of, and the assignment of management priority 
        rankings to, recovery areas. In establishing the standards and 
        criteria, the Secretary concerned shall consider the standards 
        and criteria recommended by the Scientific Advisory Panel under 
        section 5. The Secretary concerned shall include in the Federal 
        Register entry required by this paragraph an explanation of any 
        significant differences between the recommendations of the 
        Scientific Advisory Panel and the standards and criteria 
        actually established by the Secretary concerned.
            (2) Modification.--The Secretary concerned may modify the 
        standards and criteria established pursuant to paragraph (1). 
        Any such modification shall also be published in the Federal 
        Register.
    (c) Annual National Program Decision.--
            (1) Decision required.--To carry out the national program, 
        the Secretary concerned shall render a decision for each fiscal 
        year during the period of the national program regarding the 
        designation and ranking of recovery areas and the selection of 
        recovery projects for inclusion in the national program. In 
        rendering the decision, the Secretary concerned shall comply 
        with the requirements of subsections (d) and (e).
            (2) Proposed decision.--For each fiscal year during the 
        period of the national program, the Secretary concerned shall 
        publish in the Federal Register a proposed decision regarding 
        the designation and ranking of recovery areas and the selection 
        of recovery projects. The proposed decision shall be published 
        not later than the following:
                    (A) In the case of the initial proposal, the 
                implementation date.
                    (B) In the case of each subsequent proposed 
                decision, August 31 of each fiscal year after the 
                fiscal year in which the implementation date occurs.
            (3) Final decision.--Not later than 120 days after the date 
        on which the proposed decision of the Secretary concerned is 
        published for a fiscal year under paragraph (2), the Secretary 
        concerned shall publish in the Federal Register the final 
        decision of the Secretary concerned for that fiscal year 
        regarding the designation and ranking of recovery areas and the 
        selection of recovery projects (including the determinations 
        required under subsection (e)(3)).
    (d) Requirements for Area Designation and Ranking.--In making the 
annual decision required by subsection (c), the Secretary concerned 
shall, in accordance with the standards and criteria established and in 
effect under subsection (b)--
            (1) determine the total acreage requiring treatment under 
        the national program during the fiscal year;
            (2) identify recovery areas within which recovery projects 
        would be appropriate; and
            (3) rank the recovery areas for the purpose of determining 
        the order in which the recovery areas will receive recovery 
        projects.
    (e) Requirements for Recovery Project Selection.--
            (1) Compliance with land management plans.--In making the 
        annual decision required by subsection (c), the Secretary 
        concerned shall ensure that each recovery project selected is 
        consistent with the land management plan applicable to the 
        recovery area within which the project will occur.
            (2) Consideration of economic benefits.--In the selection 
        of forest health recovery projects, the Secretary concerned 
        shall consider the economic benefits to be provided to local 
        communities as a result of the forest health recovery projects, 
        but only to the extent that such considerations are consistent 
        with the standards and criteria for recovery areas established 
        and in effect under subsection (b) and the priorities for 
        ranking recovery areas under subsection (d)(3).
            (3) Treatment acreage and costs.--As part of the selection 
        of each forest project, the Secretary concerned shall determine 
        the total acreage requiring treatment and the estimated costs 
        for preparation and implementation of the project.
            (4) Total acreage.--The total acreage included in recovery 
        projects selected for a fiscal year under the national program 
        shall not be less than the total acreage determined by the 
        Secretary concerned under paragraphs (2) and (3) of subsection 
        (c).
            (5) Prohibited project locations.--The Secretary concerned 
        may not select or implement a recovery project under the 
        authority of this Act in any unit of the National Wilderness 
        Preservation System, any roadless area on Federal forest lands 
        designated by Congress for study for possible inclusion in such 
        System, or any other area in which the implementation of 
        recovery projects is prohibited by law, a court order, or the 
        applicable land management plan.
    (f) Petition Process.--
            (1) Request for designation.--Not later than May 31 of each 
        fiscal year after the fiscal year in which the implementation 
        date occurs, any interested person may petition the Secretary 
        concerned to designate a specific area of the Federal forest 
        lands of at least 1,000 acres in size as a recovery area.
            (2) Content.--The petition shall contain a reasonably 
        precise description of the boundaries of the area included in 
        the petition and the reasons why the petitioner believes the 
        area meets the standards and criteria, established pursuant to 
        subsection (b), required for designation as a recovery area.
            (3) Determination.--If the Secretary concerned determines 
        that an area described in a petition under this subsection 
        warrants designation as a recovery area, the Secretary 
        concerned shall include the area in the proposed and final 
        decisions issued under paragraphs (2) and (3) of subsection 
        (c). If the Secretary concerned determines that the area does 
        not warrant designation as a recovery area, the Secretary 
concerned shall provide the reasons therefor in the same Federal 
Register entry containing the proposed or final decision under such 
subsection.
    (g) Annual Report to Congress.--
            (1) Report required.--Not later than the implementation 
        date, and each August 31 thereafter, the Secretary concerned 
        shall submit to Congress a report on the proposed decision 
        regarding the designation and ranking of recovery areas and the 
        selection of recovery projects to be published pursuant to 
        subsection (c)(2).
            (2) Report contents.--Each report required by paragraph (1) 
        shall include the following:
                    (A) The reasons for each proposed designation of a 
                recovery area and each proposed selection of a recovery 
                project.
                    (B) The total acreage requiring treatment 
                nationally during the fiscal year and the acreage 
                proposed to be treated during that fiscal year by each 
                proposed recovery project.
                    (C) The estimated preparation and implementation 
                costs of each proposed recovery project.
            (3) Additional requirements.--After the initial report 
        required by paragraph (1), each subsequent report shall also 
        include the following:
                    (A) A description of the improvements to forest 
                health achieved by each completed recovery project.
                    (B) An explanation of why any proposed recovery 
                projects covered by the previous report were not begun, 
                undertaken, or completed as scheduled.
                    (C) A comparison of projected and actual 
                preparation and implementation costs for each completed 
                recovery project.
                    (D) A description of the economic benefits to local 
                communities achieved by each completed recovery 
                project.
            (4) Notice of availability.--The Federal Register entry 
        required for each fiscal year under subsection (c)(2) shall 
        contain a notice of availability of the most recent report to 
        Congress required by this subsection.
    (h) Exceptions to Agency Action.--The following do not constitute 
agency action for purposes of implementing or carrying out the 
provisions of this Act:
            (1) The establishment and publication in the Federal 
        Register of standards and criteria to be used for the 
        designation and ranking of recovery areas under subsection (b).
            (2) The proposed decision of the Secretary to designate and 
        rank recovery areas and to select recovery projects under 
        subsection (c) and the publication of such proposed decision in 
        the Federal Register.
            (3) The preparation and submission of the annual report to 
        Congress under subsection (g).
    (i) Rulemaking.--To ensure commencement of the national program by 
the implementation date, the Secretary concerned shall promulgate rules 
governing operation of the national program by that date. The rules 
shall address the development of procedures that, within the discretion 
provided by other laws, would permit the Secretary concerned to make 
the final decision on the designation and ranking of recovery areas and 
the selection of recovery projects within the 120-day period required 
by subsection (c)(3).

SEC. 5. SCIENTIFIC ADVISORY PANEL.

    (a) Establishment.--There is established a panel of scientific 
advisers to the Secretary of Agriculture and the Secretary of the 
Interior to be known as the ``Scientific Advisory Panel''.
    (b) Membership.--The Scientific Advisory Panel shall consist of the 
following members:
            (1) 2 members, consisting of 1 scientist specializing in 
        natural resources and 1 State forester (or an individual with 
        similar management or supervisory experience), appointed 
        jointly by the Chairman of the Committee on Agriculture and the 
        Chairman of the Committee on Resources of the House of 
        Representatives, in consultation with their respective ranking 
        Minority Members.
            (2) 2 members, consisting of 1 scientist specializing in 
        natural resources and 1 State forester (or an individual with 
        similar management or supervisory experience), appointed 
        jointly by the Chairman of the Committee on Agriculture, 
        Nutrition, and Forestry and the Chairman of the Committee on 
        Energy and Natural Resources of the Senate, in consultation 
        with their respective ranking Minority Members.
            (3) 2 members, consisting of 1 scientist specializing in 
        natural resources and 1 State forester (or an individual with 
        similar management or supervisory experience), appointed by the 
        Secretary of Agriculture.
            (4) 2 members, consisting of 1 scientist specializing in 
        natural resources and 1 State forester (or individual with 
        similar management or supervisory experience), appointed by the 
        Secretary of the Interior.
            (5) 1 member, consisting of a scientist specializing in 
        natural resources, appointed by the National Academy of 
        Sciences.
    (c) Appointment.--
            (1) Time for appointment.--Appointments shall be made 
        within 90 days after the date of the enactment of this Act. 
        Appointments shall be published in the Federal Register.
            (2) Term.--A member of the Scientific Advisory Panel shall 
        be appointed for a term beginning on the date of the 
        appointment and ending on the implementation date. A vacancy on 
        the Scientific Advisory Panel shall be filled within 90 days in 
        the manner in which the original appointment was made.
    (d) Qualifications.--
            (1) Natural resource scientists.--Scientists who are 
        appointed as members of the Scientific Advisory Panel shall be 
        required to have expertise in, and experience with, matters 
        related to forest health, taking into account their breadth of 
        knowledge in the natural sciences as such sciences relate to 
        Federal forest lands and their familiarity with specific issues 
        regarding Federal forest lands likely to be designated as 
        recovery areas.
            (2) Other members.--State foresters (or individuals with 
        similar management or supervisory experience) who are appointed 
        as members of the Scientific Advisory Panel shall be required 
        to have expertise with, and experience in, matters relating to 
        forest management, taking into account their breadth of 
        knowledge in management science and their familiarity with 
        specific issues regarding Federal forest lands likely to be 
        designated as recovery areas.
    (e) Chairperson; Initial Meeting.--The Scientific Advisory Panel 
shall conduct its initial meeting as soon as possible after the first 4 
members of the Panel are appointed. At the initial meeting, the members 
of the Scientific Advisory Panel shall select 1 member to serve as 
chairperson.
    (f) Duties In Connection With Implementation.--During the period 
beginning on the initial meeting of the Scientific Advisory Panel and 
ending on the implementation date, the Scientific Advisory Panel shall 
be responsible for the following:
            (1) The preparation and submission to the Secretary 
        concerned and the Congress of recommendations regarding the 
        standards and criteria that should be used to designate 
        recovery areas.
            (2) The preparation and submission to the Secretary 
        concerned and the Congress of recommendations regarding the 
        ranking of recovery areas in the order in which the areas 
        should host recovery projects.
            (3) The preparation of and submission to the Secretary 
        concerned and the Congress of a monitoring plan for the 
        national program of sufficient duration to determine the long-
        term impacts of the national program.
    (g) Considerations.--In the development of its recommendations 
under subsection (f), the Scientific Advisory Panel shall consider--
            (1) the most current scientific literature regarding the 
        duties undertaken by the Panel; and
            (2) information gathered during the implementation of the 
        advance recovery projects required under section 6.
    (h) Allocation of Forest Service and Bureau of Land Management 
Personnel.--The Forest Service and the Bureau of Land Management shall 
allocate administrative support staff to the Scientific Advisory Panel 
to assist the Panel in the performance of its duties as outlined in 
this section.
    (i) Federal Advisory Committee Act Compliance.--The Scientific 
Advisory Panel shall be subject to sections 10 through 14 of the 
Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 6. ADVANCE RECOVERY PROJECTS.

    (a) Selection of Advance Projects.--During the 18-month period 
beginning on the date of enactment of this Act, the Secretary concerned 
shall conduct a limited number (as determined by the Secretary 
concerned) of advance recovery projects on Federal forest lands. 
Subject to the approval of the Secretary concerned, advance recovery 
projects shall be selected by--
            (1) regional foresters of the Forest Service, in 
        consultation with State foresters of the States in which the 
        projects will be conducted, with respect to recovery projects 
        on Federal forest lands described in section 3(1)(B); and
            (2) State directors of the Bureau of Land Management, in 
        consultation with State foresters of the States in which the 
        projects will be conducted, with respect to recovery projects 
        on Federal forest lands described in section 3(1)(A).
    (b) Selection Criteria.--To be eligible for selection as an advance 
recovery project, a proposed project shall be required to satisfy the 
requirements of section 4(e) for recovery projects conducted under the 
national program. Priority shall be given to those Federal forest 
lands--
            (1) that pose a significant risk of loss to human life and 
        property or serious resource degradation or destruction due to 
        wildfire, disease epidemic, or severe insect infestation; or
            (2) for which thorough forest health assessments and 
        inventories have been completed, including Federal forest lands 
        in the Pacific Northwest, the Interior Columbia Basin, the 
        Sierra Nevada, the Southern Appalachian Region, and the 
        Northern Forests of Maine, Vermont, New Hampshire, and New 
        York.
    (c) Time Periods for Selection, Implementation, and Completion.--
Final selection of advance recovery projects shall be completed within 
the 90-day period beginning on the date of enactment of this Act, and 
the Secretary concerned shall publish the list of selected advance 
recovery projects in the Federal Register by the end of that period. An 
advance recovery project shall be initiated (if the project is to be 
conducted by Federal employees) or awarded (if the project is to be 
conducted by an outside party) within 180 days after the date of 
enactment of this Act.
    (d) Reporting Requirements.--Not later than the implementation 
date, and annually thereafter until completion of all advance recovery 
projects, the Secretary concerned shall submit to Congress a report on 
the implementation of advance recovery projects. The report shall 
consist of a description of the accomplishments of each advance 
recovery project and incorporate the requirements under paragraphs (2) 
and (3) of section 4(g).
    (e) Rulemaking.--No new rulemaking is required in order for the 
Secretary concerned to carry out this section.

SEC. 7. FOREST RECOVERY AND PROTECTION FUND FOR NATIONAL FOREST SYSTEM 
              LANDS.

    (a) Establishment.--There is established on the books of the 
Treasury a revolving fund to be known as the ``Forest Recovery and 
Protection Fund''. The Chief of the Forest Service shall be responsible 
for administering the Fund.
    (b) Credits to Fund.--There shall be credited to the Fund the 
following:
            (1) Amounts authorized for and appropriated to the Fund.
            (2) Unobligated amounts in the roads and trails fund 
        provided for in the fourteenth paragraph under the heading 
        ``FOREST SERVICE.'' of the Act of March 4, 1913 (37 Stat. 843, 
        chapter 145; 16 U.S.C. 501) as of the date of enactment of this 
        Act, and all amounts that would otherwise be deposited in such 
        fund after such date.
            (3) A 1-time transfer of $50,000,000 from amounts 
        appropriated for fire operations under the heading ``wildland 
        fire management'' under the heading ``Bureau of Land 
        Management'' in title I of the Department of the Interior and 
        Related Agencies Appropriations Act, 1998.
            (4) Subject to subsection (e), revenues generated by 
        recovery projects undertaken pursuant to sections 4 and 6.
            (5) Amounts required to be deposited in the Fund under 
        section 9.
    (c) Use of Fund.--During the time period specified in section 
10(a), amounts in the Fund shall be available to the Chief of the 
Forest Service, without further appropriation, to carry out the 
national program, to plan, carry out, and administer recovery projects 
under sections 4 and 6, and to administer the Scientific Advisory 
Panel.
    (d) Limitation on Overhead Expenses.--Overhead expenses for a 
fiscal year for administration of the national program, including the 
cost of preparation of reports required by this Act and administration 
of the Fund, shall not exceed 12 percent of the amounts made available 
from the Fund for that fiscal year. In addition, not more than 
$1,000,000 may be expended from the Fund to finance the operation of 
the Scientific Advisory Panel.
    (e) Treatment of Revenues as Moneys Received.--Revenues generated 
by recovery projects undertaken pursuant to sections 4 and 6 shall be 
considered to be money received for purposes of the sixth paragraph 
under the heading ``FOREST SERVICE.'' in the Act of May 23, 1908 (35 
Stat. 260, chapter 192; 16 U.S.C. 500), and section 13 of the Act of 
March 1, 1911 (commonly known as the ``Weeks Act'') (36 Stat. 963, 
chapter 186; 16 U.S.C. 500).
    (f) Conforming Amendment.--The fourteenth paragraph under the 
heading ``FOREST SERVICE.'' of the Act of March 4, 1913 (37 Stat. 843, 
chapter 145; 16 U.S.C. 501), is amended by adding at the end the 
following: ``During the term of the Forest Recovery and Protection 
Fund, as established by section 7 of the Forest Recovery and Protection 
Act of 1997, amounts reserved under the authority of this paragraph 
shall be deposited into that Fund.''.

SEC. 8. EXPANSION OF PURPOSE OF FOREST ECOSYSTEMS HEALTH AND RECOVERY 
              FUND FOR BLM LANDS.

    The first paragraph under the heading ``(revolving fund, special 
accounts)'' under the heading ``forest ecosystems health and recovery'' 
under the heading ``Bureau of Land Management'' in title I of the 
Department of the Interior and Related Agencies Appropriations Act, 
1993 (Public Law 102-381; 106 Stat. 1376; 43 U.S.C. 1736a), is amended 
by adding at the end the following: ``During the term of the National 
Program of Forest Recovery and Protection established by the Forest 
Recovery and Protection Act of 1997, unobligated amounts in the fund 
shall be available to carry out the national program and to plan, carry 
out, and administer recovery projects under sections 4 and 6 of that 
Act.''.

SEC. 9. EFFECT OF FAILURE TO COMPLY WITH TIME LIMITATIONS.

    (a) National Program.--If the final selection of a recovery project 
under the national program is not made within the time period specified 
in section 4(c)(3), the Secretary concerned may not use amounts in the 
affected Fund to carry out the project and shall promptly reimburse the 
affected Fund for any expenditures previously made from that Fund in 
connection with the project.
    (b) Advance Recovery Projects.--In the case of an advance recovery 
project under section 6, if the project is not selected, implemented, 
and completed within the time periods specified in subsection (c) of 
that section, the Secretary concerned may not use amounts in the 
affected Fund to carry out the project and shall promptly reimburse the 
affected Fund for any expenditures previously made from that Fund in 
connection with the project.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the provisions 
of this Act for fiscal year 1998 and each fiscal year thereafter 
through the fifth full fiscal year following the implementation date.
    (b) Deposit in Fund.--All sums appropriated pursuant to this 
section for implementation of the national program on Federal forest 
lands described in section 3(1)(B) shall be deposited in the Forest 
Recovery and Protection Fund established under section 7. All sums 
appropriated pursuant to this section for implementation of the 
national program on Federal forest lands described in section 3(1)(A) 
shall be deposited in the revolving fund established under the heading 
``(revolving fund, special accounts)'' under the heading ``forest 
ecosystems health and recovery'' under the heading ``Bureau of Land 
Management'' in title I of the Department of the Interior and Related 
Agencies Appropriations Act, 1993 (Public Law 102-381; 106 Stat. 1376; 
43 U.S.C. 1736a).
    (c) Effect on Existing Projects.--Any contract regarding a recovery 
project entered into before the end of the final fiscal year specified 
in subsection (a), and still in effect at the end of such fiscal year, 
shall remain in effect until completed pursuant to the terms of the 
contract.

SEC. 11. AUDIT REQUIREMENTS.

    (a) Audit Required.--The Comptroller General shall conduct an audit 
of the national program at the end of the fourth-full fiscal year of 
the national program and submit such audit to the Congress by June 1 of 
the next fiscal year.
    (b) Elements.--The audit shall include an analysis of--
            (1) whether the program was carried out in a manner 
        consistent with the provisions of this Act;
            (2) the impact on the development and implementation of the 
        national program of the advance recovery projects conducted 
        under section 6;
            (3) the extent to which the recommendations of the 
        Scientific Advisory Panel were used to develop and implement 
        the national program;
            (4) the current and projected future financial status of 
        each Fund; and
            (5) the cost savings and efficiencies achieved under the 
        national program.
                                 <all>