[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2119 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2119
To establish a program to designate, restore, and sustain historic
native forests on National Forest System lands, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 8, 2001
Mr. Simpson 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 establish a program to designate, restore, and sustain historic
native forests on National Forest System lands, 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 ``National Historic
Forests Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions, findings, and policy Statement.
TITLE I--NATIONAL REGISTER OF HISTORIC FORESTS
Sec. 101. Establishment and maintenance of National Register of
Historic Forests.
Sec. 102. Administration and management of national historic forests.
Sec. 103. Restoration of national historic forests.
Sec. 104. Maintenance of restored national historic forests.
Sec. 105. Forest plan amendments.
Sec. 106. Grants.
Sec. 107. National Historic Forest Restoration Fund.
Sec. 108. Donations.
Sec. 109. Reports and public participation.
TITLE II--ADVISORY COUNCIL ON FOREST RESTORATION
Sec. 201. Establishment.
Sec. 202. Duties.
Sec. 203. Membership.
Sec. 204. Director, general counsel, and staff of Council; experts and
consultants.
Sec. 205. Powers of Council.
Sec. 206. Applicability of the Federal Advisory Committee Act.
Sec. 207. Authorization of appropriations.
TITLE III--LOCAL MANAGEMENT ADVISORY COMMITTEES
Sec. 301. Establishment.
Sec. 302. Duties.
Sec. 303. Membership.
Sec. 304. Powers of Committee.
Sec. 305. Applicability of the Federal Advisory Committee Act.
SEC. 2. DEFINITIONS, FINDINGS, AND POLICY STATEMENT.
(a) Definitions.--In this Act:
(1) Committee.--The term ``Committee'' means a Local
Management Advisory Committee established by the Council under
section 301.
(2) Council.--The term ``Council'' means the Advisory
Council on Forest Restoration established under section 201.
(3) Management plan.--The term ``management plan'' means
the management plan required for a national historic forest by
section 102.
(4) National forest system.--The term ``National Forest
System'' means all national forest lands reserved or withdrawn
from the public domain of the United States.
(5) National historic forest.--The term ``national historic
forest'' means a parcel of National Forest System lands, or a
collection of such parcels, included on the National Register
of Historic Forests.
(6) National register.--The term ``National Register''
means the National Register of Historic Forests established and
maintained by the Secretary under section 101.
(7) Reference native forest.--The term ``reference native
forest'', with respect to a particular national historic
forest, means the way the forest appeared at or about the time
it was first seen by Europeans. The Secretary may modify the
description of a reference native forest to account for
advances in knowledge or changes in climate or other forces of
nature.
(8) Restoration fund.--The term ``Restoration Fund'' means
the National Historic Forest Restoration Fund.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Findings.--The Congress finds the following:
(1) The spirit and direction of the United States are
influenced and reflected in its native forests and cultural
heritage.
(2) Native forests in the United States developed in
response to lightning fires and other physical forces,
including thousands of years of stewardship and use by
America's native peoples.
(3) Forests significant to the Nation's natural and
cultural heritage are being lost or substantially altered due
to--
(A) high tree densities;
(B) large and destructive fires, insect
infestations, and disease outbreaks;
(C) successional replacement of trees and other
plants that require abundant sunlight by those that
grow in shade;
(D) large patch sizes and a low variety of
successional stages in forest mosaics which make
forests more uniform and less diverse;
(E) invasive non-native species; and
(F) development and other influences.
(4) Examples of native forests that are being lost or
substantially altered include:
(A) In the East--
(i) white pine forests, which no longer
cover large areas and contain few trees that
reach the great size of those that existed at
the time of settlement;
(ii) oak-chestnut forests, which are nearly
extinct; and
(iii) hardwood forests (including oak),
which are being replaced by maple.
(B) In the South, longleaf pine savannas, which had
the highest species richness of any forest in North
America and are nearly extinct.
(C) In the Great Plains, the oak-hickory savanna,
which once held early travelers spellbound because of
its richness and beauty.
(D) In the Inland West--
(i) pinon-juniper woodlands, which are
being taken over by juniper;
(ii) ponderosa pine forests, which are
becoming so thick with small trees that grass
and wildflowers can no longer grow within the forest; and
(iii) aspen forests, which because of
increases in the density of pine and other
conifers are rapidly disappearing as a distinct
forest type throughout their range.
(E) In the Southwest, Douglas-fir forests, which
are being replaced by white fir.
(F) In the northern Rocky Mountains, lodgepole pine
and western larch forests, which are being replaced by
spruce and fir.
(G) In California and the Pacific Northwest--
(i) ponderosa pine, giant sequoia, and
mixed-conifer forests, which were once open and
patchy and are being replaced with thick
forests of shorter lived and smaller white fir;
(ii) open oak woodlands, which used to
spread over vast areas and are being replaced
with brush and conifers;
(iii) cathedral groves of Douglas-fir,
which are reaching the end of their life
expectancy and are being replaced by less
stately forests of shade tolerant species such
as western hemlock; and
(iv) redwood forests, which are likely to
dwindle in area and be replaced by a more shade
tolerant forest of hemlock, fir, and bay.
(5) Fire hazards are increasing in many forests as they
grow older and become denser, and these conditions are placing
greater risks on public health, public safety, and property.
(6) The ecological and cultural heritage of native forests
in the United States should be restored and sustained as a
living part of the country's history, community life, and
development in order to give a sense of orientation to the
American people.
(7) The restoration and maintenance of this irreplaceable
forest heritage is in the public interest so that its legacy of
biological, cultural, educational, esthetic, inspirational,
historical, and economic benefits will be sustained and
enriched for future generations of Americans.
(8) The restoration and maintenance of native forests in
the United States is also in the public interest because it
will significantly reduce risks to public health, safety, and
property while enhancing the economies of local communities.
(9) The present Federal and non-Federal forest restoration
and management programs are inadequate to ensure future
generations an opportunity to appreciate and enjoy the rich
forest heritage of the United States.
(10) The increased knowledge of our prehistoric and
historic native forests, the establishment of better means of
identifying and administering them, and the encouragement of
their restoration and maintenance will improve the health and
diversity of the Nation's forests, reduce threats to local
communities from wildfires, greatly improve habitat for
threatened and endangered species, and assist economic growth
and development.
(11) Although the restoration of forests on non-Federal
land has been carried out by States, local governments, Indian
tribes, and private entities and individuals, it is
nevertheless necessary and appropriate for the Forest Service
to accelerate its restoration programs and activities on
National Forest System lands and to give encouragement to and
assist States, local governments, Indian tribes, and private
entities and individuals to expand and accelerate their forest
restoration programs and activities.
(c) Policy.--It shall be the policy of the Federal Government, in
cooperation with other nations and in partnership with the States,
local governments, Indian tribes, and private entities and individuals,
to--
(1) use measures, including financial and technical
assistance, to foster conditions under which modern society and
native forests in the United States can exist in productive
harmony and fulfill the historical, social, economic, and other
needs of present and future generations;
(2) provide leadership in the restoration and maintenance
of the prehistoric and historic characteristics of native
forests of the United States and the international community
and in the administration of the forest restoration and
maintenance programs;
(3) administer native forests on National Forest System
lands in a spirit of historical stewardship for the inspiration
and benefit of present and future generations; and
(4) contribute to the restoration and maintenance of non-
federally owned native forests and give encouragement to
States, local governments, and private entities and individuals
to undertake, expand, and accelerate their forest restoration
programs and activities.
TITLE I--NATIONAL REGISTER OF HISTORIC FORESTS
SEC. 101. ESTABLISHMENT AND MAINTENANCE OF NATIONAL REGISTER OF
HISTORIC FORESTS.
(a) Register Authorized.--The Secretary of Agriculture shall
establish and maintain a National Register of Historic Forests
consisting of designated National Forest System lands that are or,
after reasonable restoration, will be representative of prehistoric or
historic landscapes significant in the history and culture of the
United States.
(b) Criteria for Inclusion or Removal.--
(1) Establishment.--The Secretary shall establish (and
revise as necessary) the criteria to be used by the Secretary
to include National Forest System lands on the National
Register as a national historic forest or remove previously
designated National Forest System lands from the National
Register.
(2) Sustainability.--The Secretary shall give due
consideration to the size and location of a parcel of National
Forest System lands being considered for inclusion on the
National Register to ensure the long-term ecological and
economic sustainability of the lands.
(c) Nominations.--The Secretary may accept nominations for the
inclusion on, or removal from, the National Register of certain
National Forest System lands.
(d) Public Notice and Comment.--When National Forest System lands
are being considered for inclusion on, or removal from, the National
Register, the Secretary shall provide--
(1) notice to the State in which the lands are located,
appropriate local governments, and the general public; and
(2) an opportunity for public comment.
(e) Administrative Appeals.--The Secretary shall issue rules
providing for the administrative appeal of a decision of the Secretary
to designate a national historic forest, refuse to include National
Forest System lands on the National Register, or remove designated
National Forest System lands from the National Register.
(f) Consultation With Council.--The Secretary shall establish and
revise the criteria required by subsection (b), review nominations
received under subsection (c), and make decisions regarding the
inclusion of National Forest System lands on, or the removal of such
lands from, the National Register in consultation with the Advisory
Council on Forest Restoration.
(g) Map and Legal Description.--
(1) Preparation.--As soon as practicable after the
designation of a national historic forest, the Secretary shall
prepare a map and legal description of the national historic
forest. The map and legal description shall have the same force
and effect as if included in this Act, except that the
Secretary may correct clerical and typographical errors in the
map and legal description.
(2) Submission and availability.--The Secretary shall
submit the map and legal description to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Resources of the House of Representatives. Each
map and legal description shall also be on file and available
for public inspection in the Office of the Chief of the Forest
Service.
SEC. 102. ADMINISTRATION AND MANAGEMENT OF NATIONAL HISTORIC FORESTS.
(a) Administration.--Subject to valid existing rights, the
Secretary, acting through the Forest Service, shall administer the
national historic forests in accordance with this Act and rules issued
by the Secretary to carry out this Act.
(b) Management Plan.--
(1) Preparation.--The Committee responsible for a national
historic forest shall prepare a draft management plan for the
restoration and maintenance of the national historic forest.
The management plan shall be based on documentation of the
reference native forest and shall be consistent with this Act.
(2) Special consideration.--The management plan for a
national historic forest shall give special consideration to --
(A) protecting human health and safety and public
and private property;
(B) helping sustain the economies of local
communities;
(C) providing recreational access; and
(D) reducing visible signs of management to the
minimum level practicable without impairing the
activities required to achieve the restoration goal.
(3) Submission and review.--The Committee shall submit the
draft management plan to the Council and the Secretary for
review and, subject to approval by the Secretary,
implementation.
(4) Relationship to environmental laws.--Nothing in this
section exempts the development or implementation of a
management plan from any Federal environmental law.
(c) Approval, Revision, Suspension, Revocation.--
(1) Responsibilities of secretary.--The Secretary may
approve for implementation a draft management plan for a
national historic forest, revise a management plan as a
condition on approval or after approval, or suspend or revoke a
management plan after approval, as necessary to satisfy the
policy specified in section 2(c).
(2) Management evaluation.--Not less than once every four
years after the designation of a national historic forest, the
Secretary shall evaluate the management of the national
historic forest to determine whether the restoration and
management of the forest is consistent with the approved
management plan and in compliance with this Act.
(3) Effect of noncompliance.--If, at any time, the
Secretary determines that a major aspect of the management plan
for a national historic forest is not consistent with this Act,
or that restoration and management activities are being carried
out contrary to the management plan, the Secretary shall--
(A) revoke the management plan, including any
contracts or cooperative agreements entered into under
the management plan;
(B) suspend in whole or in part the management
plan, including any contracts or cooperative agreements
entered into under the management plan, until the plan
or activities are consistent with this Act; or
(C) take such steps as are necessary to ensure that
the management plan and restoration and management
activities under the plan are once again consistent
with this Act within a reasonable period of time.
(4) Oversight methods.--The Secretary shall establish
oversight methods that, while ensuring the consistency and
quality of management plans, do not impose undue review burdens
on the Forest Service.
(d) Fiscal Audits.--The Secretary may conduct periodic fiscal
audits of restoration and management activities carried out under an
approved management plan as needed and shall ensure that such
activities meet applicable accountability standards.
(e) Consultation With Council.--The Secretary shall carry out this
section in consultation with the Council.
SEC. 103. RESTORATION OF NATIONAL HISTORIC FORESTS.
(a) Restoration Goal.--The goal of restoration is to restore and
sustain, to the extent practicable, a national historic forest to a
condition that simulates or resembles the structure and function of the
reference native forest while also serving society's contemporary need
for forest products and services.
(b) Special Considerations.--In attempting to achieve the
restoration goal for a national historic forest, special consideration
shall be given to ensuring the ecological and economic sustainability
of a restored forest, maintaining native biological diversity,
controlling or reducing or eliminating invasive nonnative species,
maintaining soil productivity, and improving water quality.
(c) Role of Local Committee.--The Local Committee for a national
historic forest shall assist the Secretary in documenting the reference
native forest and in monitoring and assessing the effectiveness of
restoration, based on--
(1) the relative proportions of patches of vegetation in
various stages of development that formed the reference native
forest mosaic;
(2) the sizes, shapes, structures, and orientation of
vegetation patches on the landscape;
(3) the composition, ages, sizes, and density of plants and
standing and fallen dead trees within patches; and
(4) the composition and populations of native wildlife that
depended on the reference native forest mosaic.
(d) Use of Cost-Effective Restoration Methods.--The restoration of
a national historic forest shall be conducted with the most cost-
effective methods available, including timber harvesting,
reintroduction or control of plant and animal species, planting,
precommercial and commercial thinning, grazing, prescribed burning,
control or suppression of fire, or, where appropriate and effective,
temporary or permanent protection.
SEC. 104. MAINTENANCE OF RESTORED NATIONAL HISTORIC FORESTS.
(a) Cost-Effective Management.--When the initial restoration of a
national historic forest is achieved, the Forest Service shall use the
most cost-effective methods available to mimic the natural and cultural
historical processes that created and sustained the reference native
forest including timber harvesting, control of plant and animal
species, planting, precommercial and commercial thinning, grazing,
prescribed burning, control or suppression of fire, or, where
appropriate and effective, temporary or permanent protection.
(b) Role of Natural Forest Disturbances.--When the Secretary
considers it to be safe, effective, and ecologically and economically
acceptable, management to sustain a restored national historic forest
should accommodate the effects of natural disturbances, such as wind,
lightning fires, and insect and disease infestations.
SEC. 105. FOREST PLAN AMENDMENTS.
(a) Corresponding Forest Plan Amendments.--Within two years after
the designation of a national historic forest, the Secretary shall
initiate the process to amend or revise the land and resource
management plan for the unit of the National Forest System encompassing
the national historic forest--
(1) to incorporate the national historic forest and its
approved management plan; and
(2) to make other changes warranted by the analyses
conducted in compliance with section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), section 6
of the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604), and other applicable laws.
(b) Review of Forest Threats.--At least once every four years, the
Secretary shall review significant threats to national historic forests
and National Forest System lands, not yet designated as a national
historic forest but appropriate for inclusion on the National Register,
to --
(1) determine the kinds of threats to these forests and
lands and the severity of these threats;
(2) ascertain the causes of the threats; and
(3) develop and submit to the Congress recommendations for
appropriate action.
(c) Consultation With Council.--The Secretary shall carry out this
section in consultation with the Council.
SEC. 106. GRANTS.
(a) Grants Authorized.--The Secretary shall administer a program of
matching or direct grants to States, local governments, Indian tribes,
and private entities and individuals for the purposes of carrying out
this Act, including--
(1) the establishment and conduct of education, training,
and technical assistance programs in forest restoration;
(2) the distribution of forest restoration information and
technologies; and
(3) the support for research, analysis, conservation,
curation, demonstration projects, interpretation, and display
related to forest restoration.
(b) Special Role for Indian Tribes.--The Secretary, in consultation
with the Council, may enter into an agreement with an Indian tribe to
permit traditional land use and management practices in a national
historic forest that the Secretary determines will help to restore the
national historic forest, or sustain the restored national historic
forest, so long as the traditional land use and management practices
were part of the history of the reference native forest, are consistent
with the approved management plan, and otherwise further the policy
specified in section 2(c).
(c) Rules.--No grant may be made or agreement entered into under
this section unless--
(1) an application therefore is submitted to the Secretary
in such form and containing such information as the Secretary
may require; and
(2) the grantee agrees to make such reports, in such form
and containing such information, as the Secretary may require,
and complies with such other terms and conditions as the
Secretary may require.
SEC. 107. NATIONAL HISTORIC FOREST RESTORATION FUND.
(a) Establishment.--There is established on the books of the
Treasury an account to be known as the National Historic Forest
Restoration Fund.
(b) Credits to Restoration Fund.--There shall be credited to the
Restoration Fund the following:
(1) Revenues due and payable to the United States under the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), in
the following amounts:
(A) $25,000,000 for fiscal year 2002.
(B) $50,000,000 for fiscal year 2003.
(C) $100,000,000 for each of fiscal years 2004
through 2010.
(2) If revenues from the source described in paragraph (1)
are insufficient, given other requirements on the deposit and
use of such revenues, the difference shall be derived from
amounts paid into the Treasury under section 35 the Act of
February 25, 1920 (30 U.S.C. 191; commonly known as the Mineral
Leasing Act).
(3) Amounts appropriated to the Restoration Fund.
(4) Revenues generated from the sale of goods and services
produced on national historic forests.
(5) Donations received under section 108.
(c) Use of Restoration Fund.--In such amounts as provided in
appropriation Acts, the Secretary shall use the Restoration Fund to
carry out this title. Amounts appropriated shall remain available until
expended.
(d) Overhead.--The Secretary shall seek to ensure that of the
amounts made available to carry out this Act for a fiscal year, not
more than 12 percent is used or allocated for general administration or
other overhead by the Department of Agriculture.
SEC. 108. DONATIONS.
(a) Acceptance.--In furtherance of this Act, the Secretary may
accept the donation of funds for deposit in the Restoration Fund.
(b) Use of Donations.--In expending donated funds, the Secretary
shall give due consideration to the expressed intentions of the donor.
Donated funds obligated under section 106 as grants may be made
available without regard to any matching requirement imposed by the
Secretary under such section.
SEC. 109. REPORTS AND PUBLIC PARTICIPATION.
(a) Implementation Report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to the
Congress a report describing the manner in which National Forest System
lands are being included on the National Register or determined to be
eligible for inclusion on the National Register, including the
appropriateness of the criteria used in determining such eligibility
and the effect, if any, of inclusion of lands on the National Register.
(b) Public Participation.--In preparing the report, the Secretary
shall consult with, and consider the views and comments of other
Federal agencies, as well as interested individuals and public and
private organizations, and shall include representative comments
received as an appendix to the report.
TITLE II--ADVISORY COUNCIL ON FOREST RESTORATION
SEC. 201. ESTABLISHMENT.
There is established a council to be known as the ``Advisory
Council on Forest Restoration''.
SEC. 202. DUTIES.
(a) Advisory Functions.--
(1) Recommendations to the secretary.--The Council shall
advise and make recommendations to the Secretary regarding--
(A) the designation of National Historic Forests;
(B) the restoration of National Historic Forests;
(C) the review and approval or disapproval of
management plans prepared by any Committee under
section 302(a)(3);
(D) methods to coordinate the activities of
Federal, State, and local agencies and private persons
relating to forest restoration;
(E) research, practices, and information
dissemination related to forest restoration;
(F) the need for, and implementation of, studies
related to forest restoration activities (including
studies related to the adequacy of legislation and
regulations related to forest restoration); and
(G) the development of guidelines to assist State
and local governments in drafting legislation related
to forest restoration.
(2) Recommendations to other federal agencies.--The Council
shall review the policies and programs of other Federal
agencies related to forest restoration, and shall recommend to
such agencies methods to coordinate such policies and programs
with the policies and programs carried out under this act to
improve the overall effectiveness of such policies and
programs.
(b) Submission of Reports.--
(1) Annual reports.--The Council shall submit annually a
report to the Secretary and the Congress. The report shall
contain a detailed statement regarding each of the following:
(A) The activities of the Council.
(B) The results of any studies conducted by the
Council.
(C) The effectiveness of the programs conducted
under this Act.
(D) Any current or emerging problems regarding
forest restoration.
(E) Any recommendations for legislation or
administrative actions that the Council considers
appropriate.
(F) Any actions by the Council to obtain comments
on, or review of, such recommendations by any officer,
agency, or department of the United States.
(2) Interim reports.--The Council may submit interim
reports to the Secretary and the Congress as the Council
considers appropriate.
(3) Authority of other agencies to review.--No officer,
agency, or department of the United States shall have any
authority to require the Council to submit any report or to
reveal the contents of any report (including any
recommendations for legislation or administrative actions) to
any officer, agency, or department of the United States before
the Council submits such report to the Secretary and the
Congress under paragraph (1) or (2).
(c) Educational Functions.--The Council shall conduct appropriate
programs to inform and educate--
(1) the public, in cooperation with appropriate public and
private agencies and institutions, regarding forest
restoration, opportunities to participate in forest
restoration, and training and educational opportunities in the
field of forest restoration; and
(2) Federal departments and agencies, State and local
governments, Indian tribes, foreign nations, and private
persons regarding the activities of the Council.
(d) Submission of Budget.--
(1) Time of submission.--The Council shall submit its
budget annually as a related agency of the Department of
Agriculture.
(2) Notification of congress.--Whenever the Council submits
any budget estimate or request to the Secretary or the Office
of Management and Budget, it shall concurrently transmit copies
of that estimate or request to Congress.
SEC. 203. MEMBERSHIP.
(a) Number and Appointment.--The Council shall be composed of 9
members, who represent a broad range of interests, as follows:
(1) The Under Secretary for Natural Resources and
Environment of the Department of Agriculture (or the Under
Secretary's delegate).
(2) The Chief of the Forest Service (or the Chief's
delegate).
(3) 2 individuals appointed by the Secretary who are not
employees of the Federal Government and who have a knowledge
of, or interest in, National Historic Forests.
(4) 2 individuals appointed by the Secretary who are not
employees of the Federal Government and who are specially
qualified to serve on the Council by virtue of their education,
training, or experience in the field of forest restoration.
(5) 2 individuals appointed by the Secretary who are not
employees of the Federal Government and who have forest
management experience.
(6) 1 individual appointed by the Secretary who is not an
employee of the Federal Government and who will represent the
views of Indian tribes.
(b) Continuation of Membership.--If a member was appointed to the
Council because the member was not an employee of the Federal
Government and later becomes an employee of the Government, that member
may continue as a member for not longer than the 60-day period
beginning on the date that the member becomes such an employee.
(c) Terms.--
(1) In general.--Each member appointed under paragraphs (3)
through (6) of subsection (a) shall be appointed for a term of
4 years, except as otherwise provided in this subsection.
Members of the Council may be reappointed.
(2) Initial appointments.--The Secretary shall make initial
appointments under this section not later than 180 days after
the date of the enactment of this Act. As designated by the
Secretary at the time of appointment, of the members first
appointed--
(A) 2 members shall be appointed for terms of 3
years;
(B) 2 members shall be appointed for terms of 2
years; and
(C) 1 member shall be appointed for a term of 1
year.
(3) Vacancies.--A member may serve after the expiration of
that member's term until a successor has taken office. A
vacancy in the Council shall not affect the powers of the
Council, shall be filled not later than 60 days after the
vacancy commences, and shall be filled in the manner in which
the original appointment was made. Any member appointed to fill
a vacancy occurring before the expiration of the term for which
the member's predecessor was appointed shall be appointed only
for the remainder of that term.
(d) Chairperson; Vice Chairperson.--The Chairperson and Vice
Chairperson of the Council shall be designated by the Secretary from
among the members appointed under paragraphs (3) through (6) of
subsection (a) at the time of such appointment. The Vice Chairperson
may act in place of the Chairperson during the absence or disability of
the Chairperson or when the office of Chairperson is vacant.
(e) Meetings.--The Council shall meet at the call of the
Chairperson or upon the written request of a majority of its members,
but shall meet not less than annually.
(f) Quorum.--7 members of the Council shall constitute a quorum,
but a lesser number may hold hearings.
(g) Compensation and Reimbursement.--
(1) In general.--To the extent provided in advance in
appropriation Acts and except as provided in paragraph (2),
members of the Council shall each be entitled to receive $200
for each day (including travel time) during which they are
engaged in the actual performance of duties vested in the
Council.
(2) Prohibition of compensation of federal employees.--
Members of the Council who are full-time officers or employees
of the United States may not receive additional pay,
allowances, or benefits by reason of their service on the
Council.
(3) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
SEC. 204. DIRECTOR, GENERAL COUNSEL, AND STAFF OF COUNCIL; EXPERTS AND
CONSULTANTS.
(a) Director.--The Council shall have a Director who shall be
appointed by the Chairperson with the concurrence of the Council and
the Secretary. The Director shall report to the Council and shall
perform such functions and duties as the Council shall prescribe.
(b) General Counsel.--The Council shall have a General Counsel who
shall be appointed by the Director. The General Counsel shall report to
the Director and shall provide such legal functions and duties as the
Council shall prescribe.
(c) Staff.--The Director may appoint not more than 3 additional
employees of the Council as are necessary to perform the functions of
the Council.
(d) Applicability of Certain Civil Service Laws.--The Director,
General Counsel, and staff of the Council shall be appointed subject to
the provisions of title 5, United States Code, governing appointments
in the competitive service, and shall be paid 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.
(e) Experts and Consultants.--The Director may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code.
(f) Staff of Federal Agencies.--Upon request of the Director, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the Council
to assist it in carrying out its duties under this Act.
SEC. 205. POWERS OF COUNCIL.
(a) Hearings and Sessions.--The Council may, for the purposes of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Council considers
appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Council may, if authorized by the Council, take any action which the
Council is authorized to take by this section.
(c) Obtaining Official Data.--
(1) In general.--The Council may secure directly from any
department or agency of the United States information necessary
to enable it to carry out this Act. Upon request of the
Chairperson, the head of that department or agency shall
furnish that information to the Council.
(2) Reports from the secretary.--To assist the Council in
carrying out this Act, the Secretary, at the request of the
Chairperson, shall provide a report to the Council which
describes in detail--
(A) the significance of any National Forest System
lands nominated for inclusion on the National Register;
(B) the anticipated effects of any proposed
undertaking on National Forest System lands nominated
for, or on, the National Register; and
(C) any recommendations of the Secretary regarding
measures to avoid, minimize, or mitigate any adverse
effects on such lands.
(d) Gifts, Bequests, and Devises.--To the extent provided
in advance in appropriation Acts, the Council may accept, use,
and dispose of gifts, bequests, or devises of services or
property, both real and personal, for the purpose of aiding the
work of the Council.
(e) Administrative Support Services.--Upon the request of
the Council, the Secretary of Agriculture shall provide to the
Council, on a reimbursable basis, the administrative support
services (including services related to budgeting, accounting,
financial reporting, personnel and procurement) necessary for
the Council to carry out its responsibilities under this Act.
(f) Contract Authority.--To the extent provided in advance
in appropriation Acts, the Council may contract with and
compensate government and private agencies or persons for
supplies and services necessary for the Council to carry out
its responsibilities under this Act.
SEC. 206. APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act shall not apply to the Council.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $500,000 for the fiscal
years 2002 through 2010 to carry out this title.
TITLE III--LOCAL MANAGEMENT ADVISORY COMMITTEES
SEC. 301. ESTABLISHMENT.
The Council, in consultation with the Secretary, shall establish
such number of committees, as it may from time to time determine to be
appropriate. Each such committee shall be established to carry out the
purposes of this title with respect to 1 or more national historic
forests. Each such committee shall be known as the ``Local Management
Advisory Committee'' for such national historic forests.
SEC. 302. DUTIES.
(a) In General.--Each Committee, with respect to each of the 1 or
more national historic forests for which the Committee was established,
shall--
(1) recommend to the Secretary and the Council National
Forest System lands, which are geographically proximate to such
national historic forests and which the Committee considers
appropriate to list on the National Register;
(2) document and describe the relevant reference forest;
(3) prepare management plans consistent with the
requirements of section 102;
(4) monitor and assess the effectiveness of restoration
activities;
(5) conduct any studies necessary to carry out the duties
of the Committee described in paragraphs (1) through (4);
(6) advise the Council regarding forest restoration
practices, assessments, and information dissemination;
(7) encourage public interest and participation in forest
restoration; and
(8) inform and educate appropriate State and local
governments, Indian tribes, and private persons regarding the
activities of the Committee.
(b) Consultation.--In carrying out its duties under subsection (a),
each Committee shall consult with appropriate Federal and State
officials, businesses, loggers, professional foresters, scientists,
Native Americans, land owners, and other knowledgeable persons.
(c) Reports.--
(1) Annual reports.--Each Committee shall submit annually
to the Council a report that contains a detailed and
comprehensive description of the activities of the Committee
and of the results of any studies conducted by the Committee
under subsection (a)(5).
(2) Interim reports.--
(A) Voluntary.--Except as provided in subparagraph
(B), each Committee may submit interim reports to the
Council as the Committee considers appropriate.
(B) Mandatory.--Each Committee shall submit interim
reports to the Council at the request of the Council.
SEC. 303. MEMBERSHIP.
(a) Composition of Committees.--
(1) In general.--Each Committee shall be composed of a
number of members, who represent a broad range of interests, as
follows:
(A) 1 forester in the Forest Service.
(B) 1 employee of the Forest Service who is
specially qualified to serve on the Committee by virtue
of his education, training, or experience in the field
of forest restoration.
(C) 1 individual who is not an employee of the
Federal Government and who is specially qualified to
serve on the Committee by virtue of his education,
training, or experience regarding Native American
culture and subsistence practices.
(D) 1 individual who is not an employee of the
Federal Government and who is specially qualified to
serve on the Committee by virtue of his education,
training, or experience in the field of forest
restoration.
(E) 2 individuals who are not employees of the
Federal Government and who have forest management
experience.
(F) 1 individual who is not an employee of the
Federal Government and who will represent the views of
local governments.
(G) 1 individual who is not an employee of the
Federal Government, who has a knowledge of, or interest
in, National Historic Forests, and who, if the Council
determines it to be appropriate, may be a member of an
appropriate Indian tribe and may represent the views of
such tribe.
(H) the State forester (or the State forester's
delegate) of each State in which the 1 or more national
historic forests for which the Committee was
established are located.
(2) Committee specific criteria.--Members of each Committee
shall be selected from among individuals who are most familiar
with the 1 or more national historic forests for which the
Committee was established, and with the local communities,
conditions, and forest types relevant to such forests.
(b) Appointment Authority.--
(1) In general.--Appointments under paragraphs (A) through
(G) of subsection (a)(1) shall be made by the Council in
consultation with the Secretary.
(2) Employees of the forest service.--Appointments made
under subparagraphs (A) and (B) of subsection (a)(1) shall be
made in consultation with the Secretary and the Chief of the
Forest Service.
(c) Continuation of Membership.--If a member was appointed to a
Committee because the member was employed as a forester in the Forest
Service or because the member was employed in the Forest Service and
later ceases to be so employed, or was appointed to a Committee because
the member was not an employee of the Federal Government and later
becomes an employee of the Government, that member may continue as a
member for not longer than the 60-day period beginning on the date that
the member ceases to be so employed or becomes an employee of the
Government, as the case may be.
(d) Terms.--
(1) In general.--Each member shall serve at the pleasure of
the Council.
(2) Vacancies.--A vacancy in any Committee shall not affect
the powers of the Committee, shall be filled not later than 60
days after the vacancy commences, and shall be filled in the
manner in which the original appointment was made.
(e) Chairperson; Vice Chairperson.--The Chairperson and Vice
Chairperson of each Committee shall be designated by the Council, in
consultation with the Secretary, from among the members appointed under
subparagraphs (C) through (G) of subsection (a)(1) at the time of such
appointment. The Vice Chairperson may act in place of the Chairperson
during the absence or disability of the Chairperson or the when the
office of Chairperson is vacant.
(f) Meetings.--Each Committee shall meet at the call of its
Chairperson or upon the written request of a majority of its members,
but shall meet not less than annually.
(g) Quorum.--7 members of a Committee shall constitute a quorum,
but a lesser number may hold hearings.
(h) Noncompensation and Reimbursement.--
(1) Noncompensation.--Each member shall serve without pay.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
SEC. 304. POWERS OF COMMITTEE.
(a) Hearings and Sessions.--Each committee may, for the purposes of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Committee considers
appropriate.
(b) Powers of Members and Agents.--Any member or agent of any
Committee may, if authorized by the Committee, take any action which
the Committee is authorized to take by this section.
(c) Obtaining Official Data.--Each Committee, in consultation with
the Council, may secure from any department or agency of the United
States information necessary to enable it to carry out this Act. Upon
request of the Chairperson of the Committee, the head of that
department or agency shall furnish that information to the Committee.
(d) Gifts, Bequests, and Devises.--To the extent provided in
advance in appropriation Acts, each Committee may accept, use, and
dispose of gifts, bequests, or devises of services or property, both
real and personal, for the purpose of aiding the work of the Committee.
(e) Provision of Facilities, Supplies, and Services.--Upon the
request of any Committee, the Secretary shall provide to the Committee,
on a reimbursable basis, such facilities, supplies, and services as are
necessary for the Committee to carry out its responsibilities under
this Act.
SEC. 305. APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act shall not apply to any
Committee.
<all>