[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>