[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4911 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4911

  To require the Secretary of Agriculture to conduct a wildland-urban 
 restoration charter forest demonstration project in the Pike and San 
 Isabel National Forests and Cimarron and Comanche National Grasslands 
   to increase community involvement in decisionmaking regarding the 
management of those forests and grasslands, to evaluate the feasibility 
of using a predecisional review process for projects conducted as part 
   of the demonstration project, to provide stewardship contracting 
authority as part of the demonstration project, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 11, 2002

 Mr. Tancredo introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of Agriculture to conduct a wildland-urban 
 restoration charter forest demonstration project in the Pike and San 
 Isabel National Forests and Cimarron and Comanche National Grasslands 
   to increase community involvement in decisionmaking regarding the 
management of those forests and grasslands, to evaluate the feasibility 
of using a predecisional review process for projects conducted as part 
   of the demonstration project, to provide stewardship contracting 
authority as part of the demonstration project, 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 ``Pike and San 
Isabel Restoration Charter Forest Act of 2002''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Wildland-urban restoration charter forest demonstration project 
                            for Pike and San Isabel National Forests 
                            and Cimarron and Comanche National 
                            Grasslands.
Sec. 4. Independent scientific review and monitoring.
Sec. 5. Community management council.
Sec. 6. Relation to National Environmental Policy Act of 1969.
Sec. 7. Predecisional review process for demonstration project.
Sec. 8. Stewardship contracting authority.
Sec. 9. Retention and use of receipts.
Sec. 10. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The terms ``wildland-urban restoration charter forest 
        demonstration project'' and ``demonstration project'' mean the 
        demonstration project required by this Act for covered National 
        Forest System lands in the State of Colorado.
            (2) The terms ``community management council'' and 
        ``council'' mean the community management council appointed 
        under section 5.
            (3) The term ``covered National Forest System lands'' means 
        the Pike and San Isabel National Forests and the Cimarron and 
        Comanche National Grasslands.
            (4) The terms ``independent scientific panel'' and 
        ``panel'' mean the panel assembled by the Secretary under 
        section 4.
            (5) The term ``Secretary'' means the Secretary of 
        Agriculture, acting through the Chief of the Forest Service.

SEC. 3. WILDLAND-URBAN RESTORATION CHARTER FOREST DEMONSTRATION PROJECT 
              FOR PIKE AND SAN ISABEL NATIONAL FORESTS AND CIMARRON AND 
              COMANCHE NATIONAL GRASSLANDS.

    (a) Demonstration Project Required.--The Secretary of Agriculture, 
acting through the Chief of the Forest Service, shall conduct a 
wildland-urban restoration charter forest demonstration project for the 
Pike and San Isabel National Forests and Cimarron and Comanche National 
Grasslands for the purpose of increasing community involvement in 
decisionmaking regarding the management of the covered National Forest 
System lands and evaluating various methods, described in this Act, to 
improve the management and health of the covered National Forest System 
lands.
    (b) Commencement of Demonstration Project.--The Secretary shall 
commence the demonstration project as soon as practicable after the 
submission of the initial report of the independent scientific panel 
under section 4.
    (c) Duration.--The Secretary shall terminate the demonstration 
project at the end of the 10-year period beginning on the date the 
demonstration project is commenced under subsection (b).
    (d) Relation to Other National Forest System Laws.--Except as 
provided in this Act, during the term of the demonstration project, the 
Secretary shall continue to manage the covered National Forest System 
lands under all of the laws and regulations governing occupancy, use, 
and management of the National Forest System.

SEC. 4. INDEPENDENT SCIENTIFIC REVIEW AND MONITORING.

    (a) Review of Ecological, Social, and Economic Sustainability.--
            (1) Initial review.--The Secretary shall assemble an 
        independent scientific panel to conduct an assessment, using 
        accepted measures and indicators, of the ecological, social, 
        and economic sustainability of the covered National Forest 
        System lands, taking into consideration such factors as forest 
        health, susceptibility to catastrophic fire, biological 
        diversity, and economic productivity of the covered National 
        Forest System lands.
            (2) Submission of results.--Not later than one year after 
        the date of the enactment of this Act, the panel shall submit 
        to the Secretary and Congress a report containing the results 
        of the assessment conducted under this subsection.
    (b) Subsequent Monitoring of Demonstration Project.--
            (1) Monitoring plan.--The panel shall prepare a monitoring 
        plan to be used to track the implementation of the wildland-
        urban restoration charter forest demonstration project.
            (2) Revised review.--At the end of the first five years of 
        the demonstration project and upon the completion of the 
        demonstration project, the panel shall revise the assessment 
        conducted under subsection (a) and resubmit it to the Secretary 
        and to Congress.
            (3) Effects of charter project.--Using the information 
        collected from the monitoring plan, the panel shall include in 
        each revised assessment an evaluation of the positive and 
        negative impacts of the demonstration project on changes in the 
        ecological, social, and economic sustainability and 
        susceptibility to catastrophic wildfire of the covered National 
        Forest System lands.

SEC. 5. COMMUNITY MANAGEMENT COUNCIL.

    (a) Establishment and Purposes.--The Secretary shall establish a 
community management council as part of the wildland-urban restoration 
charter forest demonstration project for the purpose of--
            (1) advising the Secretary and the supervisor of the 
        covered National Forest System lands on the broad array of 
        environmental, economic, and social issues related to the 
        management, occupancy, and use of the covered National Forest 
        System lands;
            (2) assisting in the development of binding priorities for 
        management activities, including hazardous fuels reduction, 
        watershed protection, disease and invasive species treatment 
        and control; and
            (3) assisting the Secretary in the development of the 
        programmatic environmental impact statement and consideration 
        of proposed projects and activities under section 6.
    (b) Appointment and Members.--The council shall consist of 13 
members, appointed by the Secretary as follows:
            (1) Five members appointed from nominations provided by the 
        Governor of Colorado.
            (2) Four members appointed from nominations provided by the 
        senior Senator from Colorado.
            (3) Four members appointed from nominations provided by the 
        junior Senator from Colorado.
    (c) Qualifications.--The members of the council should be appointed 
from communities in close proximity to the covered National Forest 
System lands and represent a broad range of interests, including 
conservation interests, commodity and forest products interests, and 
the interests of county and municipal governments in the area. Members 
should have a demonstrated ability to constructively work toward 
beneficial solutions with a diverse range of interests on complex land 
management issues.
    (d) Forest Supervisor.--The Supervisor of the covered National 
Forest System lands shall serve as an ex officio member of the council.
    (e) Vacancies.--Vacancies on the council shall be filled in the 
same manner as the original appointment.
    (f) Compensation.--Members of the council who are not Federal 
employees shall serve without compensation.
    (g) Other Council Authorities and Requirements.--
            (1) Staff assistance.--The council may request the 
        Secretary to provide staff assistance to the council from 
        Federal employees under the jurisdiction of the Secretary.
            (2) Meetings.--All meetings of the council shall be 
        announced at least one week in advance in a local newspaper of 
        record and shall be open to the public.
            (3) Records.--The council shall maintain records of the 
        meetings of the council and make the records available for 
        public inspection.
            (4) Relation to other law.--The council shall be exempt 
        from the provisions of the Federal Advisory Committee Act (5 
        U.S.C. App.).

SEC. 6. RELATION TO NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

    (a) Programmatic Environmental Impact Statement.--
            (1) Preparation.--Not later than 60 days after the 
        appointment of all of the members to the community management 
        council, the Secretary shall begin to develop a programmatic 
        environmental impact statement pursuant to the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to 
        establish the wildland-urban restoration charter forest 
        demonstration project.
            (2) Role of council.--The Secretary shall prepare the 
        programmatic environmental impact statement, and any amendment 
        thereto, with the advice and cooperation of the council.
    (b) Content.--The programmatic environmental impact statement for 
the demonstration project shall address the following:
            (1) Land and resource management goals and objectives for 
        the covered National Forest System lands, including desired 
        landscape conditions and management outcomes and outputs, to be 
        realized during the term of the demonstration project, and at 
        various intervals thereof.
            (2) Standards and guidelines for achieving the land and 
        resource management goals and objectives.
            (3) A monitoring plan to ensure that project level 
        activities are consistent with the land and resource management 
        goals and objectives and related standards and guidelines.
    (c) Legal Requirements.--In preparing the programmatic 
environmental impact statement, the Secretary shall comply with all 
applicable Federal environmental statutes and their implementing 
regulations, including the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) and the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.). Upon 
establishment, the Secretary shall carry out only those projects and 
activities on the covered National Forest System lands that are 
consistent with the requirements of this Act and the programmatic 
environmental impact statement.
    (d) Adoption.--The programmatic environmental impact statement 
shall be considered as operative upon the approval of the Secretary and 
the majority of the members of the council.
    (e) Effect of Adoption.--
            (1) Consistent projects and activities.--If the Secretary 
        determines that a proposed project or activity under the 
        demonstration project is consistent with the requirements of 
        this Act and the programmatic environmental impact statement, 
        the Secretary shall not be required to do additional analysis 
        under the National Environmental Policy Act of 1969 with regard 
        to the project or activity notwithstanding other regulations, 
        policies, and other administrative directives.
            (2) Inconsistent projects and activities.--If the Secretary 
        determines that a proposed project or activity under the 
        demonstration project is not consistent with the requirements 
        of this Act and the programmatic environmental impact 
        statement, the Secretary may not approve the proposed project 
or activity unless--
                    (A) the project or activity is revised so as to be 
                compatible with the programmatic environmental impact 
                statement; or
                    (B) the programmatic environmental impact statement 
                is amended, consistent with the National Environmental 
                Policy Act of 1969 and the Forest and Rangeland 
                Renewable Resources Planning Act of 1974, so that the 
                project or activity is compatible with the amended 
                programmatic environmental impact statement.
    (f) Challenge.--
            (1) Authority to file.--If an individual or entity that 
        meets the standing requirements necessary to challenge a 
        determination of the Secretary under subsection (e) disagrees 
        with the Secretary's determination regarding the compatibility 
        of an project or activity with the programmatic environmental 
        impact statement, the person may file a predecisional objection 
        under section 7 with the Secretary.
            (2) Response.--If the Secretary, after consultation with 
        the council, agrees with the appellant that the project or 
        activity is not incompatible with the programmatic 
        environmental impact statement, the Secretary may not conduct 
        the project or activity unless--
                    (A) the project or activity is revised, as provided 
                in subsection (e)(2)(A); or
                    (B) the programmatic environmental impact statement 
                is amended, as provided in subsection (e)(2)(B).

SEC. 7. PREDECISIONAL REVIEW PROCESS FOR DEMONSTRATION PROJECT.

    (a) In General.--The Secretary shall promulgate rules to establish 
a predecisional review process that would be used during the term of 
the wildland-urban restoration charter forest demonstration project in 
connection with site-specific projects for the covered National Forest 
System lands.
    (b) Relation to Required Environmental Analysis.--Subject to 
section 6, the predecisional review process shall not be construed to 
alter or waive any environmental analysis otherwise required as part of 
the planning or implementation of a project for the covered National 
Forest System lands.
    (c) Required Elements of Predecisional Review.--
            (1) Notice.--The rules required by subsection (a) shall 
        provide for notice of a proposed decision and an opportunity to 
        request review before a final decision on a site-specific 
        project is made.
            (2) Right to request a predecisional review.--For a period 
        not to exceed 30 days from the date notice is provided pursuant 
        to paragraph (1), review of a proposed decision may be 
        requested by any individual or entity, but only if the 
        individual or entity submitted written comments during the 
        preparation stage of the project on the specific issue or 
        issues for which predecisional review is sought.
            (3) Completion of review.--The review of a request for 
        predecisional review shall be completed before issuance of a 
        final decision regarding the project at issue. The review shall 
        be completed within 30 days after the date the request was 
        submitted.
    (d) Exemption.--The Secretary may exempt any proposed decision 
responding to an unexpected or serious event that would provide relief 
from hazards threatening human health, property, and safety, natural 
resources, or to provide for rehabilitation and recovery of forest 
resources, from the predecisional review rules prescribed under this 
section.
    (e) Exhaustion of Predecisional Review Process.--Notwithstanding 
any other provision of law, an individual or entity must exhaust the 
predecisional review process before the individual or entity may bring 
an action in court challenging a site-specific project under the 
demonstration project.
    (f) Presumption.--In any predecisional review of a management 
activity under the demonstration project, the official or 
administrative entity responsible for the review or the court with 
jurisdiction over litigation resulting from the review shall give 
deference to the expert judgment of the Secretary in identifying and 
interpreting the scientific data that is the basis for the activity.
    (g) Relation to Forest Service Decision Making and Appeals 
Reform.--Section 322 of the Department of the Interior and Related 
Agencies Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612 
note), shall not apply to activities conducted under the demonstration 
project.

SEC. 8. STEWARDSHIP CONTRACTING AUTHORITY.

    (a) Use of Existing Demonstration Authority.--During the term of 
the wildland-urban restoration charter forest demonstration project, 
the Secretary may enter into stewardship and end result contracts for 
the covered National Forest System lands in accordance with section 347 
of the Department of the Interior and Related Agencies Appropriations 
Act, 1999 (as contained in section 101(e) of division A of Public Law 
105-277; 16 U.S.C. 2104 note), to accomplish the land management goals 
specified in subsection (b) of such section.
    (b) Additional Contracts.--The contracts entered into under the 
authority of subsection (a) shall be in addition to the stewardship and 
end result contracts authorized under such section 347, section 338 of 
the Department of the Interior and Related Agencies Appropriations Act, 
2001 (Public Law 106-291; 16 U.S.C. 2104 note), or any other provision 
of law.

SEC. 9. RETENTION AND USE OF RECEIPTS.

    (a) Retention.--During the term of the wildland-urban restoration 
charter forest demonstration project, the Secretary shall retain the 
monetary proceeds from commercial timber sales, special use permit 
fees, and all other receipts derived from the covered National Forest 
System lands and any funds appropriated with respect to the covered 
National Forest System lands. Such receipts and funds shall not be 
subject to overhead assessments.
    (b) Use.--The Secretary shall use the funds for projects for the 
covered National Forest System lands, with priority placed on projects 
related to forest health, restoration, watershed protection, hazardous 
fuels reduction, and disease and invasive species control.
    (c) Role of Council.--The Secretary shall consult with the council 
in selecting projects under this section.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary $1,000,000 
for each of the fiscal years 2003 through 2005 to implement this Act.
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