[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1522 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1522

    To safeguard communities, lives, and property from catastrophic 
wildfire by authorizing contracts to reduce hazardous fuels buildups on 
  forested Federal lands in wildland/urban interface areas while also 
using such contracts to undertake forest management projects to protect 
            noncommodity resources, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 1999

 Mrs. Chenoweth (for herself, Mr. Hill of Montana, Mr. Herger, and Mr. 
  Doolittle) introduced the following bill; which was referred to the 
     Committee on Agriculture, and in addition to the Committee on 
 Resources, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To safeguard communities, lives, and property from catastrophic 
wildfire by authorizing contracts to reduce hazardous fuels buildups on 
  forested Federal lands in wildland/urban interface areas while also 
using such contracts to undertake forest management projects to protect 
            noncommodity 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 ``Community 
Protection and Hazardous Fuels Reduction Act of 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
      TITLE I--COMMUNITY PROTECTION AND HAZARDOUS FUELS REDUCTION

Sec. 101. Findings and purpose.
Sec. 102. Definitions.
Sec. 103. Identification of wildland/urban interface areas.
Sec. 104. Contracting to reduce hazardous fuels buildups and undertake 
                            forest management projects in wildland/
                            urban interface areas.
Sec. 105. Monitoring requirements.
Sec. 106. Reporting requirements.
Sec. 107. Termination of authority.
Sec. 108. Authorization of appropriations.
                        TITLE II--OTHER MATTERS

Sec. 201. Establishment of forest fire research centers.

      TITLE I--COMMUNITY PROTECTION AND HAZARDOUS FUELS REDUCTION

SEC. 101. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) Management of Federal lands has been characterized by 
        large cyclical variations in fire suppression policies, timber 
        harvesting levels, and the attention paid to commodity and 
        noncommodity values.
            (2) Forests on Federal lands are experiencing significant 
        disease epidemics and insect infestations.
            (3) The combination of inconsistent management and natural 
        effects has resulted in a hazardous fuels buildup on Federal 
        lands that threatens catastrophic wildfire.
            (4) While the long-term effect of catastrophic wildfire on 
        forests and forest systems is a matter of debate, there should 
        be no question that forests must be managed to prevent 
        catastrophic wildfire in areas of the Federal lands where 
        wildlands abut, or are located in close proximity to, 
        communities, residences, and other private and public 
        facilities on non-Federal lands.
            (5) Wildfire resulting from hazardous fuels buildup in such 
        wildland/urban interface areas threatens the destruction of 
        communities, puts human life and property at risk, threatens 
        community water supplies with erosion that follows wildfire, 
        destroys wildlife habitat, and diminishes ambient air quality.
            (6) The Secretary of the Interior and the Secretary of 
        Agriculture must assign a high priority and undertake 
        aggressive management to reduce the risk of wildfire in 
        wildland/urban interface areas on Federal lands through the 
        elimination of hazardous fuels buildups in such areas. The 
        protection of human life and property and the protection of 
        water supplies and ambient air quality in wildland/urban 
        interface areas must be given the highest priority.
            (7) The noncommodity resources of wildland/urban interface 
        areas on Federal lands, including such resources as riparian 
        zones and wildlife habitats, which must be protected to provide 
        recreational opportunities, clean water, and other amenities to 
        neighboring communities and the public suffer from a backlog of 
        forest management projects designed to provide such protection.
            (8) In a period of fiscal austerity characterized by 
        shrinking budgets and personnel levels, Congress must provide 
        the Secretary of the Interior and the Secretary of Agriculture 
        with innovative tools to accomplish the required reduction in 
        hazardous fuels buildup and to undertake other forest 
        management projects in the wildland/urban interface areas on 
        the Federal lands at the least cost.
    (b) Purpose.--The purpose of this title is to provide new authority 
and innovative tools to the Secretary of the Interior and the Secretary 
of Agriculture--
            (1) to safeguard communities, lives, and property by 
        reducing or eliminating the threat of catastrophic wildfire in 
        wildland/urban interface areas on Federal lands; and
            (2) to undertake needed forest management projects in such 
        areas.

SEC. 102. DEFINITIONS.

    As used in this title:
            (1) Congressional committees.--The term ``congressional 
        committees'' means the Committee on Resources and the 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 Senate.
            (2) Eligible forest products sale.--The term ``eligible 
        forest products sale'' means a sale of forest products in a 
        wildland/urban interface area identified under section 103 that 
        is conducted for the primary purpose of reducing hazardous 
        fuels buildups in the area and is supplemental to the existing 
        timber sale program for the Federal lands containing the area.
            (3) Federal lands.--The term ``Federal lands'' means--
                    (A) federally managed lands administered by the 
                Bureau of Land Management under the Secretary of the 
                Interior; and
                    (B) federally managed forest lands created from the 
                public domain and administered by the Secretary of 
                Agriculture.
            (4) Forest management project.--The term ``forest 
        management project'' means a project designed to protect one or 
        more noncommodity resources on or in close proximity to Federal 
        lands. Such projects may include riparian zone enhancement, 
        habitat improvement, noncommercial hazardous fuels reduction, 
        and soil stabilization or other water quality improvement 
        project.
            (5) Forest product.--The term ``forest products'' means any 
        tree or tree part that can be used for a commercial purpose.
            (6) Fuels.--The term ``fuels'' includes forage, woody 
        debris, duff, needle cast, brush, understory, ladder fuels, and 
        dead or dying overstory.
            (7) Hazardous fuels buildup.--The term ``hazardous fuels 
        buildup'' means the level of fuels accumulation on Federal 
        lands at which an ignition, together with the right combination 
        of weather and topographic conditions, can result in--
                    (A) a dangerous exposure of risk to firefighters 
                and the public; or
                    (B) a high potential to cause risk of loss to key 
                components that define ecological resources, capital 
                investments, and private property.
            (8) Land management plan.--The term ``land management 
        plan'' means the following:
                    (A) With respect to Federal lands described in 
                paragraph (3)(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 currently in 
                effect.
                    (B) With respect to Federal lands described in 
                paragraph (3)(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).
            (9) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to the Federal lands described in 
                paragraph (3)(A), the Secretary of the Interior; and
                    (B) with respect to the Federal lands described in 
                paragraph (3)(B), the Secretary of Agriculture.
            (10) Wildland/urban interface area.--The term ``wildland/
        urban interface area'' means a sufficient area or zone between 
        structures or other human development and undeveloped wildland 
        or vegetative fuel, as defined in the definitions of the 
        Secretary concerned in effect as of the date of the enactment 
        of this Act.

SEC. 103. IDENTIFICATION OF WILDLAND/URBAN INTERFACE AREAS.

    (a) Identification Deadline.--On or before February 28 of each 
year, each District Manager of the Bureau of Land Management and each 
Forest Supervisor of the Forest Service shall identify those areas on 
Federal lands within the jurisdiction of the District Manager or Forest 
Supervisor that the District Manager or Forest Supervisor determines--
            (1) are wildland/urban interface areas; and
            (2) have hazardous fuels buildups and other forest 
        management needs that would benefit from the use of forest 
        management projects as provided in section 104.
    (b) Public Participation.--At the end of the third full fiscal year 
during which contracts are entered into under section 104, each 
District Manager of the Bureau of Land Management and each Forest 
Supervisor of the Forest Service shall solicit recommendations from the 
public regarding Federal lands within the jurisdiction of the District 
Manager or Forest Supervisor that members of the public feel qualify 
for identification as wildland/urban interface areas and that have 
hazardous fuels buildups and other forest management needs that would 
benefit from the use of forest management projects as provided in 
section 104.

SEC. 104. CONTRACTING TO REDUCE HAZARDOUS FUELS BUILDUPS AND UNDERTAKE 
              FOREST MANAGEMENT PROJECTS IN WILDLAND/URBAN INTERFACE 
              AREAS.

    (a) Contracting Authority.--
            (1) Reduction of hazardous fuels.--The Secretary concerned 
        is authorized to enter into contracts under this section for 
        the sale of forest products, the primary purpose of which is to 
        reduce hazardous fuels buildups in a wildland/urban interface 
        area identified under section 103.
            (2) Inclusion of forest management projects.--As a 
        condition of an eligible forest products sale, the Secretary 
        concerned may require the purchaser of such products to 
        undertake one or more forest management projects in the 
        wildland/urban interface area. The Secretary concerned may 
        include a forest management project as a condition in an 
        eligible forest products sale only if the Secretary determines 
        that--
                    (A) the forest management project is consistent 
                with the applicable land management plan; and
                    (B) the objectives of the forest management project 
                can be accomplished most cost efficiently and 
                effectively when the project is performed as part of 
                the sale contract.
    (b) Financing of Forest Management Projects.--
            (1) Financing through sales.--To finance a forest 
        management project required as a condition of a contract for an 
        eligible forest products sale under subsection (a), the 
        Secretary concerned shall include in the contract a clause that 
        reduces the amount otherwise required to be paid to the United 
        States by the purchaser of forest products sold under the 
        contract. The amount of the reduction shall be determined under 
        paragraph (2) to offset costs incurred by the purchaser in 
        carrying out the required forest management project.
            (2) Amount of reduction of payment.--The amount of the 
        price reduction in paragraph (1) shall be equal to--
                    (A) the costs incurred by the purchaser in carrying 
                out the required forest management project; minus
                    (B) any assistance paid to the purchaser under 
                subsection (c) to cover those costs.
    (c) Supplemental Funding Using Appropriated Funds.--The Secretary 
concerned may use appropriated funds to assist the purchaser of forest 
products in a contract for an eligible forest products sale to 
undertake a forest management project required as a condition of the 
contract, if the funds are provided from the resource function or 
functions that directly benefit from the performance of the project and 
the funds are available from the annual appropriation for such function 
or functions during the fiscal year in which the sale is offered. The 
amount of assistance to be provided for each forest management project 
shall be included in the prospectus, and published in the 
advertisement, for the eligible forest products sale.
    (d) Determination of Forest Management Offsets.--Prior to the 
advertisement of an eligible forest products sale, the Secretary 
concerned shall determine the maximum price reduction to be allowed 
under subsection (b) for each forest management project to be required 
as a condition of the sale contract. A description of the forest 
management project, and the cost of the project that may be offset 
against the purchaser's payment for forest products in the sale, shall 
be included in the prospectus, and published in the advertisement, for 
the sale.
    (e) Effect on Moneys Received.--Only the amounts actually paid by a 
purchaser under a contract for an eligible forest products sale shall 
be considered to be money received for purposes of title II of the Act 
of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181f), the first section 
of the Act of May 24, 1939 (53 Stat. 753; 43 U.S.C. 1181f-1), the sixth 
paragraph under the heading ``FOREST SERVICE'' in the Act of May 23, 
1908 (35 Stat. 260; 16 U.S.C. 500), section 13 of the Act of March 1, 
1911 (36 Stat. 963; commonly known as the Weeks Act; 16 U.S.C. 500), or 
other applicable law concerning the distribution of receipts from the 
sale of forest products on Federal lands.
    (f) Limitation on Amount of Offsets.--The total amount by which 
purchase payments under contracts for eligible forest products sales 
may be reduced under subsection (b) each fiscal year--
            (1) under contracts awarded by the Secretary of the 
        Interior, may not exceed $20,000,000; and
            (2) under contracts awarded by the Secretary of 
        Agriculture, may not exceed $20,000,000.

SEC. 105. MONITORING REQUIREMENTS.

    The Secretary concerned shall monitor the preparation and offering 
of contracts for eligible forest products sales under section 104, and 
the performance of forest management projects under the contracts to 
determine the effectiveness of the contracts and forest management 
projects in achieving the purpose of this title.

SEC. 106. REPORTING REQUIREMENTS.

    (a) Annual Report.--Not later than 90 days after the end of each 
full fiscal year during which contracts are entered into under section 
104, the Secretary concerned shall submit to the congressional 
committees a report, which shall provide for the Federal lands within 
the jurisdiction of the Secretary concerned the following:
            (1) A list of the wildland/urban interface areas identified 
        on or before February 28 of the previous fiscal year pursuant 
        to section 103.
            (2) A summary of all contracts entered into, and all forest 
        management projects performed, pursuant to section 104 during 
        the preceding fiscal year.
            (3) A discussion of any delays in excess of three months 
        encountered during the preceding fiscal year, and likely to 
        occur in the fiscal year in which the report is submitted, in 
        preparing and offering the sales, and in performing the forest 
        management projects, pursuant to section 104.
            (4) The results of the monitoring required by section 105 
        of the contracts authorized, and the forest management projects 
        performed, pursuant to section 104.
            (5) Any anticipated problems in the implementation of this 
        title.
    (b) Four Year Report.--The fourth report prepared by the Secretary 
concerned under subsection (a) shall contain, in addition to the 
matters required by subsection (a), an assessment by the Secretary 
concerned regarding whether the contracting authority provided in 
section 104 should be reauthorized beyond the period specified in 
section 108(a). If the Secretary concerned feels that reauthorization 
is warranted, the Secretary shall also include such recommendations as 
the Secretary considers appropriate regarding changes in the authority 
to better achieve the purpose of this title.

SEC. 107. TERMINATION OF AUTHORITY.

    (a) Termination Date.--The authority of the Secretary concerned to 
offer eligible forest products sales under section 104, and to require 
the purchasers of such products to undertake forest management projects 
as a condition of such sales, shall terminate at the end of the five-
fiscal year period beginning on the first October 1st occurring after 
the date of the enactment of this Act.
    (b) Effect on Existing Sales.--Any contract for an eligible forest 
products sale under section 104 entered into before the end of the 
period specified in subsection (a), and still in effect at the end of 
such period, shall remain in effect after the end of such period 
pursuant to the terms of the contract.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each of the first five 
fiscal years beginning after the date of the enactment of this Act such 
sums as may be necessary to carry out this title.

                        TITLE II--OTHER MATTERS

SEC. 201. ESTABLISHMENT OF FOREST FIRE RESEARCH CENTERS.

    (a) Findings.--Congress finds the following:
            (1) There is an increasing threat of fire to millions of 
        acres of forestlands and rangelands throughout the United 
        States.
            (2) Today's forests and rangelands are the consequence of 
        land management practices that have emphasized the control and 
        prevention of fires.
            (3) As a result of these management practices, forestlands 
        and rangelands in the United States are no longer naturally 
        functioning ecosystems, and drought cycles and the invasion of 
        insects and disease have resulted in vast areas of dead or 
        dying trees, overstocked stands, and the invasion of 
        undesirable species.
            (4) Population movement into wildland/urban interface areas 
        (as defined in section 102) exacerbate the fire danger.
            (5) The budgets and resources of local, State, and Federal 
        entities supporting firefighting efforts have been stretched to 
        their limits.
            (6) Diminishing Federal resources (including personnel) 
        have limited the ability of Federal fire researchers to respond 
        to management needs, and to utilize technological advancements 
        for analyzing fire management costs.
            (7) The Federal fire research program is funded at 
        approximately \1/3\ of what is required to address emerging 
        fire problems.
            (8) In light of current fiscal constraints, there is a 
        critical need for cost-effective investments in improved fire 
        management technologies.
    (b) Establishment of Research Centers.--
            (1) Establishment required.--The Secretary of Agriculture 
        shall establish at least two forest fire research centers at 
        institutions of higher education that have expertise in natural 
        resource development and are located in close proximity to 
        other Federal natural resource, forest management, and land 
        management agencies.
            (2) Designated locations.--Of the forest fire research 
        centers established pursuant to paragraph (1), at least one 
        center shall be located in--
                    (A) Washington, Oregon, California, Idaho, or 
                Nevada; and
                    (B) Montana, Wyoming, Colorado, Utah, Arizona, or 
                New Mexico.
    (c) Purpose of Research Centers.--The forest fire research centers 
established pursuant to subsection (b) shall--
            (1) conduct integrative, interdisciplinary research into 
        the ecological, socio-economic, and environmental impacts of 
        fire control and use in managing ecosystems and landscapes; and
            (2) develop mechanisms to rapidly transfer new fire control 
        and management technologies to fire and land managers.
    (d) Advisory Committee.--The Secretary of Agriculture, in 
consultation with the Secretary of Interior, shall establish a 
committee composed of fire and land managers and fire researchers to 
determine the areas of emphasis and establish priorities for research 
projects conducted at forest fire research centers established pursuant 
to subsection (b). The Federal Advisory Committee Act (5 U.S.C. App.) 
and title XVIII of the National Agricultural Research, Extension, and 
Teaching Policy Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply to 
the committee.
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