[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5629 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5629

  To provide for enhanced collaborative forest stewardship management 
within the Clearwater and Nez Perce National Forests in Idaho, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 10, 2002

  Mr. Otter introduced the following bill; which was referred to the 
      Committee on Resources, and in addition to the Committee on 
Agriculture, 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 provide for enhanced collaborative forest stewardship management 
within the Clearwater and Nez Perce National Forests in Idaho, 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. FINDINGS.

    Congress finds and declares that:
            (1) Elk populations within the Clearwater Basin in the 
        State of Idaho have diminished drastically, in part because of 
        lack of forage and habitat within the Clearwater and Nez Perce 
        National Forests.
            (2) Populations of salmon and steelhead within the Basin 
        are listed as endangered or threatened, and restoration and 
        protection of habitat within the Clearwater and Nez Perce 
        National Forests will assist the recovery of these species.
            (3) The Red and American River drainages within the Basin 
        are experiencing large forest insect infestations and fuel 
        loads that increase the risk of catastrophic fire and extensive 
        destruction of fish, wildlife, and other forest ecosystem and 
        community values.
            (4) Other Clearwater and Nez Perce National Forest areas 
        within the Basin present similar issues that are related to 
        forest conditions outside the historic range of variability and 
        other factors.
            (5) Communities within the Basin are dependent upon 
        sustainable, healthy forest conditions for employment and other 
        economic benefits, protection of property, and quality of life.
            (6) The Basin is an area of significant importance to the 
        Nez Perce Tribe and Tribe members continue to exercise treaty-
        reserved hunting and fishing rights in this area.
            (7) In order to protect and improve habitat for elk, 
        salmon, steelhead and other key fish and wildlife species, 
        reduce threats of catastrophic fire, and achieve other forest 
        stewardship objectives, there is a need for vegetation 
        treatments and other restoration and enhancement actions within 
        these Clearwater Basin national forest lands.
            (8) A pilot project, in which an advisory group and the 
        Forest Service engage with the Nez Perce Tribe and other 
        interested parties to identify and complete high priority 
        activities through a collaborative approach, will address a 
        compelling need to improve ecosystem health for fish, wildlife, 
        and other community values and complement existing management 
        of the Clearwater and Nez Perce National Forests.

SEC. 2. SHORT TITLE.

    This Act may be cited as the ``Clearwater Basin Project Act''.

SEC. 3. DEFINITIONS.

            (1) The terms ``Clearwater Advisory Panel'' and ``CAP'' 
        mean the advisory group of interested persons established by 
        the Secretary to meet the requirements of section 4.
            (2) The term ``Secretary'' means the Secretary of 
        Agriculture.
            (3) The term ``stewardship objectives'' shall mean 
        objectives that enhance forest ecosystems, and restore and 
        improve land health and water quality. Stewardship objectives 
        include--
                    (A) Road, trail, and infrastructure maintenance or 
                obliteration;
                    (B) Soil productivity improvement;
                    (C) Improvements in forest ecosystem health;
                    (D) Watershed restoration and maintenance;
                    (E) Restoration, maintenance and improvement of 
                wildlife and fish habitat;
                    (F) Control of noxious weeds;
                    (G) Reestablishment of native species.
            (4) The term ``stewardship contract'' means a contract to 
        achieve land management goals for the national forests that 
        meet local and rural community needs, as further described in 
        section 347 of the Department of the Interior and Related 
        Agencies Appropriations Act, 1999 (as enacted by section 
101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 note).

SEC. 4. THE CLEARWATER ADVISORY PANEL.

    (a) Establishment and Purpose.--
            (1) The Secretary shall establish and maintain the 
        Clearwater Advisory Panel to perform the duties in subsection 
        (b).
            (2) The purpose of the CAP shall be to improve 
        collaborative relationships and to provide advice and 
        recommendations to the Forest Service regarding the Clearwater 
        Basin pilot project and activities thereunder, as authorized by 
        and consistent with the purposes of this Act.
    (b) The CAP shall--
            (1) review and make recommendations to the Forest Service 
        regarding activities proposed for high priority implementation 
        as part of the pilot project under this Act;
            (2) provide early and continuous coordination with 
        appropriate Forest Service and other agency officials in 
        reviewing and recommending activities for high priority 
        implementation under this Act;
            (3) provide frequent opportunities for citizens, 
        organizations, tribes, agencies, and other interested parties 
        to participate openly and meaningfully, beginning at the early 
        stages of the activity schedule development process under this 
        Act.
    (c) Appointment by the Secretary--
            (1) Appointment and term.--The Secretary shall appoint the 
        members of the CAP for a term of 3 years beginning on the date 
        of appointment. The Secretary concerned may reappoint members 
        to subsequent 3-year terms.
            (2) Basic requirements.--The Secretary shall ensure that 
        the CAP meets the requirements of subsection (d).
            (3) Initial appointment.--The Secretary shall make initial 
        appointments to the CAP not later than 90 days after the date 
        of enactment of this Act.
            (4) Vacancies.--The Secretary shall make appointments to 
        fill vacancies on the CAP as soon as practicable after the 
        vacancy has occurred.
            (5) Compensation.--Members of the CAP shall not receive any 
        compensation.
    (d) Composition.--
            (1) Number.--The CAP shall be comprised of 15 members.
            (2) Community interests represented.--Committee members 
        shall be representative of the interests of the following 3 
        categories:
                    (A) 5 persons who--
                            (i) represent organized labor;
                            (ii) represent developed outdoor 
                        recreation, off highway vehicle users, or 
                        commercial recreation activities;
                            (iii) represent energy and mineral 
                        development interests;
                            (iv) represent the commercial timber 
                        industry; or
                            (v) hold Federal grazing permits, or other 
                        land use permits within the Project Area.
                    (B) 5 persons representing--
                            (i) nationally recognized environmental 
                        organizations;
                            (ii) regionally or locally recognized 
                        environmental organizations;
                            (iii) dispersed recreational activities;
                            (iv) archeaological and historical 
                        interests; or
                            (v) nationally or regionally recognized 
                        fish and wildlife interest groups.
                    (C) 5 persons who--
                            (i) hold State elected office or their 
                        designee;
                            (ii) hold county or local elected office;
                            (iii) represent American Indian Tribes 
                        within or adjacent to the Project Area;
                            (iv) are school officials or teachers; or
                            (v) represent the affected public at large.
            (3) Balanced representation.--In appointing CAP members 
        from the 3 categories in paragraph (2), the Secretary shall 
        provide for balanced and broad representation from within each 
        category.
            (4) Geographic distribution.--The members of the CAP shall 
        reside within the State of Idaho and, to the extent 
        practicable, within or adjacent to the Project Area.
            (5) Chairperson.--A majority on the CAP shall select the 
        chairperson of the panel.
    (e) Approval Procedures.--
            (1) Subject to paragraph (2) and the other requirements of 
        this Act, the CAP shall establish procedures for proposing, 
        developing, and reviewing activities and schedules for 
        recommendation to the Forest Service for approval and 
        implementation under this Act. A quorum must be present to 
        constitute an official meeting of the CAP.
            (2) An activity or schedule may be recommended by the CAP 
        to the applicable Forest Supervisor for approval and 
        implementation under this Act if it has been approved by a 
        majority of CAP members from each of the 3 categories in 
        subsection (d)(2).
    (f) Other Committee Authorities and Requirements.--
            (1) Staff assistance.--The CAP may submit to the Secretary 
        a request for staff assistance from Federal employees under the 
        jurisdiction of the Secretary.
            (2) Meetings.--All meetings of the CAP shall be announced 
        at least 1 week in advance in a local newspaper of record and 
        shall be open to the public.
            (3) Records.--The CAP shall maintain records of the 
        meetings of the panel and make the records available for public 
        inspection.

SEC. 5. THE CLEARWATER BASIN PROJECT.

    (a) Project Title.--The pilot project authorized by this Act shall 
be known as the ``Clearwater Basin Project''.
    (b) Project Area.--The area encompassed by the Project shall be the 
North Fork, Powell, and Lochsa Ranger Districts on the Clearwater 
National Forest, and the Red River/Elk City, Moose Creek and Clearwater 
Ranger Districts on the Nez Perce National Forest.
    (c) Authority and Duties of the Clearwater Advisory Panel Regarding 
the Project.--The CAP shall review and recommend activities for high 
priority implementation within the Project Area that are authorized 
under this Act, according to the requirements in this Act.
    (d) Activities Authorized for Recommendation and Implementation 
Under This Act.--The CAP may recommend activities for which funding is 
authorized and appropriated under this Act or other law. The activities 
that the CAP recommends for implementation under this Act shall be 
those that the CAP determines are high priority to implement 
stewardship objectives, as defined in this Act.
    (e) Stewardship Contracts.--A total of 3 stewardship contracts in 
addition to those authorized under any other law are authorized for 
recommendation by the CAP and approval and implementation in accordance 
with, and to achieve the purposes of, this Act.
    (f) Development, Approval, and Implementation of Five-Year Schedule 
for Priority Activities.--
            (1) General.--Within 2 years after enactment of this Act, 
        the CAP shall, in consultation with and with technical 
        assistance from the applicable Forest Supervisor, develop and 
        submit for Forest Supervisor approval schedules of high 
        priority activities to be commenced within the Project Area for 
        the ensuing 5-year period. A schedule shall be developed and 
        approved for the Clearwater National Forest portion of the 
        Project Area, and a separate schedule for the Nez Perce 
        National Forest portion of the Project Area. Thereafter, the 
        CAP shall develop and submit for approval such schedules for 
        the following 5-year period, in advance thereof. Each 5-year 
        schedule shall be in sufficient detail to describe the high 
        priority activities to commence in the Project Area over the 5-
        year period and the timing for their implementation, and to 
        allow reasonable site-specific, project level evaluation of 
        their environmental effects. The scope of the activities 
        included in each schedule shall be reasonably adjusted to the 
        extent that the CAP and applicable Forest Supervisor determine 
        necessary to allow such evaluation to be completed within the 
        time periods provided by this Act.
            (2) Consistency with forest plan.--The activities included 
        within the 5-year schedules shall be consistent with the 
        applicable forest land and resource management plan (``LRMP''). 
        The schedule may include any amendment of the applicable forest 
        LRMP that the CAP recommends or that the applicable Forest 
        Supervisor determines is necessary to allow or facilitate 
        implementation of 1 or more activities in the schedule.
            (3) National environmental policy act and related 
        procedures.--
                    (A) The Forest Service shall complete any 
                applicable National Environmental Policy Act (``NEPA'') 
                procedures for the approval at the site-specific, 
                project level of the activities in each 5-year 
                schedule, tiered to the applicable forest LRMP 
                environmental impact statement (``EIS''). The NEPA and 
                any review, consultation and coordination under other 
                laws, including but not limited to the National Forest 
                Management Act, Endangered Species Act, and National 
                Historic Preservation Act, must be completed within 1 
                year after the Forest Service, in consultation with the 
                NCI RAC, issues the public scoping notice regarding the 
                proposed schedule.
                    (B) The Forest Service and any other Federal 
                agencies involved shall provide sufficient personnel 
                and other resources directly or through contracting to 
                complete, within the 1-year period, any applicable NEPA 
                and other procedures for the activities in the 
                schedule, and without substantially delaying 
                implementation of other forest management activities in 
                Region 1 of the Forest Service. The Forest Service and 
                other involved agencies may rely upon or use any NEPA 
                or other analysis, documents or procedures previously 
                performed for any activity in the schedule.
                    (C) If any required review, consultation or 
                coordination under NEPA or other laws has not been 
                completed within the 1-year period, the lack of 
                completion shall not be a basis for challenging or 
                delaying submittal, approval, or implementation of 
                activities in the schedule, upon a finding by the CAP 
                and the applicable Forest Supervisor that sufficient 
                review, consultation and coordination has occurred and 
                a sufficient record exists to make a reasoned decision 
regarding approval of the activities in the schedule.
                    (D) The CAP shall consult with the Nez Perce Tribe 
                in developing and recommending each 5-year schedule of 
                activities. The Forest Service shall consult with the 
                Tribe to assure that the activities in the schedule are 
                consistent with treaty and any other obligations to the 
                Tribe.
            (4) Submittal to forest supervisor.--The CAP shall submit a 
        final recommendation regarding each 5-year schedule, together 
        with the record of NEPA and any other review, consultation and 
        coordination conducted for the schedule, to the applicable 
        Forest Supervisor for approval. The final recommendation and 
        record shall be submitted to the Forest Supervisor at least 30 
        days in advance of the date for commencing implementation.
            (5) Approval by forest supervisor.--Within 30 days after 
        receiving the CAP recommended schedule and record, the Forest 
        Supervisor shall issue a project or activity decision document 
        regarding approval of the recommended schedule in accordance 
        with NEPA and any other applicable procedures. In the decision 
        document, the Forest Supervisor may approve the schedule, place 
        conditions on implementing the schedule or disapprove the 
        schedule and return it to the CAP for further consideration 
        with instructions. If the Forest Supervisor has not issued a 
        decision document upon expiration of 30 days after receipt of 
        the CAP recommended schedule and record, the schedule shall be 
        deemed approved by the Forest Supervisor and subject to 
        administrative appeal under any such Department of Agriculture 
        procedures applicable to Forest Service project or activity 
        Record of Decision or Decision Notice documents issued pursuant 
        to NEPA.
            (6) Implementation.--Upon approval of the schedule and 
        subject to any stay taking effect pursuant to Department of 
        Agriculture Forest Service project or activity administrative 
        appeal procedures, the Forest Service may issue any permits, 
        contracts, or other authorizations for activities in the 
        schedule without further NEPA or other review, consultation or 
        coordination with other entities.
            (7) Activities not included in a 5-year schedule; amendment 
        of schedule.--Activities that the CAP determines should proceed 
        in advance of approval of the first 5-year schedule, or which 
        otherwise are not included in a 5-year schedule, may be 
        approved and implemented on an individual or grouped basis, 
        upon completing the process and requirements for review and 
        approval of a 5-year schedule. A 5-year schedule may otherwise 
        be amended upon completing the process and requirements for 
        review and approval of the schedule.
    (g) Relation to Other Schedules, Plans and Activities.--
            (1) The 5-year schedules and activities authorized under 
        this section shall supplement other schedules, plans, and 
        projects or other activities authorized and implemented under 
        other law; provided, upon CAP recommendation and applicable 
        Forest Supervisor approval, an activity that was included in 
        another schedule or plan or proposed, authorized, or funded 
        under other law may be authorized and implemented as an 
        activity under this section, if the activity otherwise meets 
        the requirements in this Act for implementation as a high 
        priority activity.
            (2) Notwithstanding Public Law 106-393 (16 U.S.C. 500 
        note), any moneys received by the Forest Service from 
        activities approved and implemented under this Act shall be 
        distributed in accordance with the Act of May 23, 1908 (16 
        U.S.C. 500).

SEC. 6. MONITORING AND REPORTS.

    (a) Report on Applicable Rules and Regulations.--The CAP may submit 
to the Secretary and the Committees of Congress a compilation of 
applicable rules and regulations which in the view of the CAP are 
inappropriate, incompatible with this Act, or unduly burdensome.
    (b) Monitoring, Annual Report on the Project.--The Secretary shall 
monitor the activities and achievements in the Project Area under this 
Act. No later than 2 years after the date of enactment of this Act and 
each year thereafter, the Secretary shall submit a report thereon to 
the Committee on Energy and Natural Resources of the United States 
Senate and the Committee on Resources of the United States House of 
Representatives. The report shall include detailed information on the 
sources and uses of funds and the status, outputs and other results 
accomplished for each activity recommended for priority implementation 
by the CAP under this Act.
    (c) State of Idaho Report.--The Secretary shall request the State 
of Idaho, through the University of Idaho College of Natural Resources 
or other means, to review the activities and achievements in the 
Project Area under this Act and to prepare and submit a report thereon 
to the Secretary and the Committees of Congress 5 years after the date 
of enactment of this Act and each 5 years thereafter that the Project 
continues. The report shall include an assessment of whether, and to 
what extent, the activities funded pursuant to this Act are meeting or 
enhancing the accomplishment of stewardship objectives as defined in 
this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be 
necessary annually, to remain available until expended, for the 
following:
            (1) Developing, submitting, approving and implementing 5-
        year schedules and priority activities under this Act, 
        including but not limited to the stewardship contracts 
        authorized by this Act;
            (2) Other CAP activities and technical assistance to the 
        CAP for purposes of this Act;
            (3) Monitoring and reporting authorized under this Act;
            (4) Such other actions as are necessary to implement this 
        Act.
The authorization in this section shall continue until the end of the 
2012 fiscal year unless reauthorized by an Act of Congress.

SEC. 8. SEVERABILITY.

    If any provision of this Act or the application thereof to any 
person or circumstances is held invalid, the validity of the remainder 
of the Act and of the application of such provision to other persons 
and circumstances shall not be affected thereby.
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