[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2474 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2474

 To provide to the Federal land management agencies the authority and 
   capability to manage effectively the Federal lands, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2002

   Mr. Craig introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To provide to the Federal land management agencies the authority and 
   capability to manage effectively the Federal 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 ``Public Lands 
Planning and Management Improvement Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title, table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Supplemental authority.
Sec. 5. Transition.
TITLE I--ENSURING THE EFFECTIVENESS AND IMPLEMENTATION OF FEDERAL LAND 
                                PLANNING

Sec. 101. Purposes.
Sec. 102. Mission of the land management agencies.
 Part A--Resource Management Planning and Management Activity Decisions

Sec. 103. Levels of planning.
Sec. 104. Contents of planning and allocation of analyses to each 
                            planning level.
Sec. 105. Planning deadlines.
Sec. 106. Plan amendments and revisions.
Sec. 107. Ecosystem management principles.
Sec. 108. Scientific basis for Federal land planning and management 
                            activities.
Sec. 109. Notice and comment on management activities.
   Part B--Consideration and Disclosure of Budget and Funding Effects

Sec. 110. Disclosure of funding constraints on planning and management.
Sec. 111. Fully allocated costs.
Sec. 112. Cost Disclosures.
               Part C--Monitoring and Adaptive Management

Sec. 113. Monitoring.
Sec. 114. Adaptive management and other changes due to monitoring.
Sec. 115. Monitoring funds.
   Part D--Challenges to Planning Documents and Management Activities

Sec. 116. Administrative appeals.
Sec. 117. Judicial review.
  TITLE II--COORDINATION AND COMPLIANCE WITH OTHER ENVIRONMENTAL LAWS

Sec. 201. Purposes.
Sec. 202. Wildlife protection.
Sec. 203. Air quality protection.
Sec. 204. Meetings with users of the Federal lands.
 TITLE III--DEVELOPMENT OF A GLOBAL RENEWABLE RESOURCES ASSESSMENT AND 
         ELIMINATION OF RENEWABLE RESOURCES PROGRAM REQUIREMENT

Sec. 301. Purposes.
Sec. 302. Global Renewable Resources Assessment.
Sec. 303. Repeal of Renewable Resources Program provisions of the 
                            Forest and Rangeland Renewable Resources 
                            Planning Act.
                        TITLE IV--ADMINISTRATION

Sec. 401. Stewardship contracts.
Sec. 402. Fees for linear rights-of-way.
Sec. 403. Fees for processing records requests.
Sec. 404. Exemption from strict liability for the recovery of fire 
                            suppression costs.
Sec. 405. Access to adjacent or intermingled non-Federal lands.
Sec. 406. Special funds.
Sec. 407. Private contractors.
Sec. 408. Special forest products.
Sec. 409. Off-budget study.
Sec. 410. Fuels treatment study.
                         TITLE V--MISCELLANEOUS

Sec. 501. Regulations.
Sec. 502. Authorization for appropriations.
Sec. 503. Effective date.
Sec. 504. Savings clauses.
Sec. 505. Severability.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) The Bureau of Land Management, Department of the 
        Interior, and the Forest Service, Department of Agriculture, 
        are comprised of professionals with considerable expertise and 
        judgment to manage Federal lands within their jurisdictions.
            (2) In 1976, the Congress enacted the Federal Land Planning 
        and Management Act and the National Forest Management Act which 
        declared multiple use and sustained yield to be the basic 
        principles under which the two land management agencies are to 
        manage their Federal lands.
            (3) These principles of multiple use and sustained yield 
        enjoy strong support from the American public and among the 
        diverse stakeholders in Federal land management.
            (4) These same Management Acts established resource 
        management planning processes as the method for engaging the 
        land management agencies' expertise and professional judgment 
        in applying the multiple use and sustained yield principles to, 
        and obtaining the views of the public on, management of these 
        Federal lands.
            (5) Nevertheless, as documented by the Committee of 
        Scientists established by the Secretary of Agriculture in the 
        March 15, 1999 report entitled ``Sustaining the People's Lands: 
        Recommendations for Stewardship of the National Forest and 
        Grasslands into the Next Century'' and by the authors of an 
        April 1999 report commissioned by the Society of American 
        Foresters entitled ``Forest Discord: Options for Governing Our 
        Forests and Federal Public Lands,'' in the quarter century 
        since the Management Acts were passed, fundamental flaws in the 
        planning and decision making processes established by these 
        Acts have become apparent and have caused all stakeholders, 
        whether they favor resource protection or resource extraction, 
        to express increasing dissatisfaction with and distrust of 
        these processes.
            (6) The report of the Committee of Scientists and the 
        report commissioned by the Society of American Foresters 
        concurred that these numerous flaws threaten the integrity of 
        the Federal lands planning and management activity decision 
        making processes and undermine the ability of the agencies to 
        fulfill their statutory land management responsibilities and 
        accomplish management that is well grounded in science.
            (7) The intent of the Congress that the land management 
        agencies would complete the planning required by the Management 
        Acts within a discrete time frame and the new resource 
        management plans would provide secure guidance for subsequent 
        management activities has not been met.
            (8) Although mid-eighties deadlines were set by statute or 
        regulation for completing the new resource management plans, 
        initial planning remains unfinished more than two decades after 
        enactment of the Management Acts even as new planning is 
        undertaken.
            (9) The land management agencies are engaged in a perpetual 
        cycle of planning through the continuous preparation of interim 
        policies, plan amendments, and plan revisions that precludes 
        the provision to both agency professionals and the public of 
        any secure guidance for predictable management of the Federal 
        lands.
            (10) Although the Management Acts anticipated and directed 
        that only two layers of planning--multiple-use resource 
        management planning for each national forest, Bureau of Land 
        Management district, or other designated planning unit, and 
        site-specific planning for management actvities--be undertaken, 
        the agencies have engaged in planning at multiple layers--
        regional, ecoregion, watershed, etc.--without license or 
        direction from statute or regulation.
            (11) As described in the report commissioned by the Society 
        of American Foresters, the Management Acts do not assign 
        particular decisions to specific levels of planning, thereby 
        resulting in repetitious or haphazard decision making in an 
        ``ambiguous'' decision making process.
            (12) These new layers of planning have not been applied 
        uniformly on the Federal lands, have frequently ignored the 
        multiple use mandates of the Management Acts and, instead, 
        focused narrowly on a single resource, even a single species of 
        wildlife, have been undertaken without consistent agency-wide 
        direction, have been conducted without the meaningful 
        opportunities for public participation established for planning 
        by the Management Acts, and have resulted in guidance that 
        often conflicts with the planning that is prescribed by the 
        Management Acts.
            (13) As described in the report commissioned by the Society 
        of American Foresters, the procedures and requirements of other 
environmental laws often burden with increased costs and delays, 
conflict with, and frustrate the planning and management processes 
established by the Management Acts, effectively transfer the planning 
function and management activity decision making authority from the 
professionals in the land management agencies to officials of other 
agencies, and sanction decisions by those officials who are not expert 
in land management and are less familiar with the affected resources, 
activities, and sites. Without doubt, Congress has failed to reconcile 
the procedures and requirements of other environmental laws with the 
planning and management processes established by the Management Acts.
            (14) Both the report of the Committee of Scientist and the 
        report commissioned by the Society of American Foresters found 
        that the land management agencies conduct their planning 
        without regard to the funding likely to be available for plan 
        implementation, and that the agencies' budgets and 
        appropriations of Congress are not linked to the agencies' 
        plans.
            (15) Increasingly, even after the land management agencies 
        reach decisions on the planning and management of Federal 
        lands, the implementation of those decisions is barred by 
        administrative appeals and litigation. These myriad 
        administrative appeals and lawsuits have delayed substantially 
        completion of planning, encumbered and, at times, paralyzed 
        plan implementation and management activities, and drained 
        scarce agency resources.
            (16) The loss in goods and services from Federal lands 
        resulting from these numerous flaws in Federal land planning 
        and management activity decision making has increased this 
        Nation's dependency on foreign sources for certain resources 
        and has encouraged imports from countries with land management 
        policies and priorities that are far less environmentally 
        responsive than those applicable to the Federal lands.
            (17) As described in the report of the Committee of 
        Scientists, new concepts in Federal land planning and 
        management, such as ecosystems management and adaptive 
        management, have developed since passage of the Management 
        Acts. Yet, these new concepts are being imposed on or 
        incorporated in Federal land planning and management without 
        adequate statutory authority.
            (18) The provisions of section 322 of Public Law 102-381 
        (106 Stat. 1419) requiring the Forest Service to provide notice 
        and an opportunity for public comment on, and establish a 
        streamlined administrative appeals process for, management 
        activities have expired and these well-received congressional 
        requirements for inviting public comment and processing 
        administrative appeals should be restored and expanded to 
        include planning documents, as well as decisions on management 
        activities, made by the Forest Service and applied to those 
        documents and decisions of the Bureau of Land Management.
            (19) Although the Management Acts and their implementing 
        regulations contain detailed instructions to the land 
        management agencies on planning procedures and contents, they 
        are virtually silent in providing guidance or authority to 
        enable the agencies to implement resource management plans, 
        thereby devaluing the term ``Management'' common to the titles 
        of both statutes.
            (20) The report of the Committee of Scientists judged 
        monitoring to be a ``key component of planning.'' Yet, both 
        that report and the report commissioned by the Society of 
        American Foresters found that the land management agencies 
        neither incorporated monitoring into planning procedures nor 
        conducted adequate monitoring to determine whether the planning 
        has been properly implemented or whether conditions have 
        changed sufficiently to warrant new planning in accordance with 
        the concept of adaptive management.
            (21) These numerous flaws in the laws pertaining to Federal 
        land management and in the planning and decision making for 
        Federal lands, particularly the multiple layers and perpetual 
        existence of planning, the increasing intervention of other 
        agencies, and the numerous administrative and judicial 
        challenges, have escalated the land management agencies' costs 
        of managing the Federal lands even as their ability to secure 
        actual management accomplishments on these lands have 
        diminished substantially.
            (22) As described in the United States General Accounting 
        Office report, ``Forest Service Decision-making: A Framework 
        for Improving Performance,'' April 1997, these flaws in the 
        laws pertaining to Federal land management and in the planning 
        and decision making for Federal lands, and the increasing 
        distrust in the laws and decision making experienced by 
        virtually all stakeholders in the Federal lands, have both 
        contributed to and been compounded by the lack of a clear 
        mission statement for the land management agencies.
            (23) Additional Congressional direction for planning of, 
        and implementation of planning on, the Federal lands is 
        required to ensure that the predictability in Federal land 
        management intended by the Management Acts is achieved, that 
the land management agencies are able to exercise fully their 
considerable management expertise and judgment, the authority is 
provided for use of ecosystem management, adaptive management, and 
other new concepts of land planning and management, that planning and 
management decisions are made in a manner which ensures the public is 
heard, and that the adverse environmental, social, and economic effects 
which result from the present flaws in the planning processes are 
avoided.

SEC. 3. DEFINITIONS.

    (a) Specific Terms.--As used in this Act, the term--
            (1) ``Agencies'' or ``Agency'' means the Bureau of Land 
        Management, Department of the Interior, with respect to the 
        lands described in paragraph (4)(A), and/or the Forest Service, 
        Department of Agriculture, with respect to the lands described 
        in paragraph (4)(B);
            (2) ``Committees of Congress'' means the Committee on 
        Resources and Committee on Agriculture of the House of 
        Representatives, and the Committee on Energy and Natural 
        Resources and the Committee on Agriculture, Nutrition, and 
        Forestry of the United States Senate;
            (3) ``ecosystem management'' means an approach to 
        implementation of the principles of multiple use and sustained 
        yield on the Federal lands which employs current understanding 
        of ecosystem processes to evaluate the effects of management 
        strategies on ecosystem health, sustainability, and 
        productivity in conjunction with attainment of planned outputs 
        of goods, services, and amenities; the effectiveness of 
        management strategies in pursuing and achieving ecological, 
        economic, and social sustainability on Federal lands, and 
        contributing to such sustainability on a national and 
        international scale;
            (4) ``Federal lands'' means--
                    (A) those lands managed by the Bureau of Land 
                Management and defined in section 103(e) of the Federal 
                Land Policy and Management Act of 1976 (43 U.S.C. 
                1702(e)); and
                    (B) those lands in the National Forest System, 
                including units of the national grasslands, managed by 
                the Forest Service and defined in section 11(a) of the 
                Forest and Rangeland Renewable Resources Planning Act 
                of 1974 (16 U.S.C. 1609(a));
            (5) ``non-Federal lands'' means lands, other than Federal 
        lands, owned or administered by the federal government and 
        lands of other ownership;
            (6) ``resource management plans'' means land use plans 
        prepared by the Bureau of Land Management for units of the 
        Federal lands described in paragraph (4)(A) pursuant to section 
        202 of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1712) and this Act, and land and resource management 
        plans prepared by the Forest Service for units of the lands 
        described in paragraph (4)(B) pursuant to section 6 of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974, 
        as amended by the National Forest Management Act of 1976 (16 
        U.S.C. 1604), and this Act; and
            (7) ``Secretaries'' or ``Secretary'' means the Secretary of 
        the Interior with respect to the Federal lands described in 
        paragraph (4)(A) and/or the Secretary of Agriculture with 
        respect to the Federal lands described in paragraph (4)(B).
    (b) Other Terms.--Terms used in this Act shall have the same 
meaning they are accorded in the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1701 et seq.) with respect to the Federal lands 
described in subsection (a)(4)(A) and in the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) with 
respect to the Federal lands described in subsection (a)(4)(B).

SEC. 4. SUPPLEMENTAL AUTHORITY.

    The provisions of this Act apply to all Federal lands and 
supplement the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.), the Forest and Rangeland Renewable Resources 
Planning Act of 1974, as amended by the National Forest Management Act 
of 1976 (16 U.S.C. 1600 et seq.), and other laws applicable to the 
Federal lands. Except as otherwise provided in this Act, in the event 
of conflict or inconsistency between this Act and the Federal Land 
Policy and Management Act of 1976 or the Forest and Rangeland Renewable 
Resources Planning Act of 1974, this Act shall prevail. For any Federal 
lands designated as units of the National Wilderness Preservation 
System, National Wild and Scenic Rivers System, or National Trails 
System, the provisions of law governing management of those systems or 
specific units shall prevail whenever such provisions conflict or are 
inconsistent with this Act.

SEC. 5. TRANSITION.

    Except as otherwise provided in this Act, any plan, policy, or 
guidance of the Agencies with respect to the Federal lands in effect on 
the date of enactment of this Act shall continue to apply to such lands 
until such plan, policy, or guidance is revised, changed, modified, or 
terminated in accordance with the provisions of this Act.

TITLE I--ENSURING THE EFFECTIVENESS AND IMPLEMENTATION OF FEDERAL LAND 
                                PLANNING

SEC. 101. PURPOSES.

    The purposes of this title are to establish a mission for the 
Agencies in the management of the Federal lands; to provide 
Congressional direction on, and eliminate fundamental flaws in, the 
conducting and implementing of planning for the Federal lands; to avoid 
the environmental, economic, and social injuries that result from those 
flaws and the past absence of direction; and to achieve predictability 
in the management of, and timely and cost-effective accomplishment of 
management activities on, the Federal lands.

SEC. 102. MISSION OF THE LAND MANAGEMENT AGENCIES.

    The mission of the Secretary of Agriculture and the Forest Service, 
and of the Secretary of the Interior and the Bureau of Land Management, 
shall be to manage the Federal lands under their respective 
jurisdictions in accordance with the principles of multiple use and 
sustained yield to assure the health, sustainability, and productivity 
of the lands' ecosystems; consistent with this objective, to furnish a 
sustainable flow of multiple goods, services, and amenities; to 
preserve or establish a full range and diversity of natural habitats of 
native species in a dynamic manner over the landscape; and, where 
necessary or appropriate, to designate discrete areas to conserve 
certain resources or allow certain uses.

 PART A--RESOURCE MANAGEMENT PLANNING AND MANAGEMENT ACTIVITY DECISIONS

SEC. 103. LEVELS OF PLANNING.

    (a) Planning Levels.--Subject to subsection (c), the Secretaries 
shall conduct no more than two levels of planning for the Federal 
lands, comprised of--
            (1) multiple-use planning in the form of resource 
        management plans for planning units designated pursuant to 
        subsection (b); and
            (2) site-specific or area-specific planning for management 
        activities.
    (b) Planning Unit Size.--Each Secretary may designate planning 
units of whatever geographic size, ecological scale, and number the 
Secretary deems appropriate.
    (c) Other Assessments.--Each Secretary may conduct assessments for 
regions or other geographical areas that are not planning units 
designated pursuant to subsection (b), and may apply the results of 
such assessments to the affected Federal lands by amendment to or 
revision of resource management plans for the planning units 
encompassing such lands in accordance with this title and other 
applicable law.
    (d) Noncomplying Plans.--
            (1) Consistent with subsection (a), the Secretaries shall 
        have 3 years from the date of enactment of this Act to amend or 
        revise in accordance with this Act the resource management 
        plans described in subsection (a)(1) to incorporate, where 
        appropriate and with such modifications as may be warranted, 
        any policies which may be applicable to the Federal lands 
        subject to, but which are contained in plans other than, such 
        resource management plans.
            (2) Except as provided in paragraph (3), all plans other 
        than the resource management plans described in subsection 
        (a)(1) shall terminate 3 years from the date of enactment of 
        this Act.
            (3) A plan other than a resource management plan described 
        in subsection (a)(1) shall no longer apply to Federal lands in 
        a planning unit upon its termination date established by 
        paragraph (2) or when the resource management plan for such 
        lands has been amended or revised pursuant to paragraph (1), 
        whichever is earlier.

SEC. 104. CONTENTS OF PLANNING AND ALLOCATION OF DECISIONS TO EACH 
              PLANNING LEVEL.

    (a) Plan Contents.--
            (1)(A) Each resource management plan shall contain the 
        following basic elements:
                    (i) A statement of goals and objectives for the 
                management of the Federal lands to which the plan 
                applies during the term of the plan;
                    (ii) The classification for suitable types of 
                resource management of, or allocation of land uses to, 
                areas of the Federal lands to which the plan applies 
                for the term of the plan;
                    (iii) Determinations of outputs of goods and 
                services from the Federal lands to which the plan 
                applies annually and for the term of the plan;
                    (iv) Policies and standards necessary to ensure 
                compliance with the requirements of this Act and other 
                applicable law for the conservation of the resources 
                and protection of the environment on the Federal lands 
                to which the plan applies; and
                    (v) A description of the desired future conditions 
                of the Federal lands subject to the plan, a statement 
                of the expected durations of time necessary to 
achieve such conditions consistent with the other basic elements of the 
plan described in this subparagraph, and a discussion of how such 
elements assist in the achievement of such conditions.
            (B) Each of the basic elements described in subparagraph 
        (A) shall be accorded equal consequence by the Secretary, and 
        no one element shall be elevated or given preference over any 
        other element in the resource management plan or in the 
        management of the Federal lands to which the plan applies.
            (C) To the extent feasible, each of the basic elements 
        described in subparagraph (A) shall be set forth in the 
        resource management plan in a manner that provides a basis for 
        monitoring pursuant to section 113 and adaptive management 
        pursuant to section 114.
            (2) Each resource management plan also shall--
                    (A) contain a statement of historical uses, and 
                trends in conditions, of the resources on the Federal 
                lands subject to the plan;
                    (B) compare and contrast the projected results of 
                the basic elements described in paragraph (1)(A) with 
                recent performance by the Agency on the Federal lands 
                subject to the plan and discuss in detail any 
                significant change in direction that is proposed or 
                expected, including any steps that will be taken to 
                ameliorate any adverse economic, social, or 
                environmental consequences that will or could result 
                from such change;
                    (C) a schedule and procedure, including the type, 
                location, and intensity of measurements needed, for 
                monitoring the implementation of the plan, the 
                management of the Federal lands subject to the plan, 
                and trends in the conditions and use of resources on 
                the Federal lands subject to the plan, as required by 
                section 113; and
                    (D) criteria for determining what circumstances on 
                the Federal lands subject to the plan warrant adaptive 
                management of the resources of such lands pursuant to 
                section 113(a)(3) and section 114(c).
    (b) Assignment of Analyses to Planning Levels.--
            (1) Each Secretary shall promulgate regulations that assign 
        to each level of planning for Federal lands authorized by 
        section 103(a) the analysis to be conducted at that level.
            (2) All analysis to be assigned by or pursuant to this 
        subsection to a particular level of planning for Federal lands 
        shall be conducted, to the maximum extent practicable, solely 
        at that level and not be conducted or reconsidered at the level 
        to which they are not assigned.

SEC. 105. PLANNING DEADLINES.

    (a) Deadlines.--
            (1) Except as provided in section 103(d), the deadlines for 
        completing planning activities and management activity 
        decisions for Federal lands shall be--
                    (A) for preparation of a resource management plan, 
                36 months;
                    (B) for development of an amendment to a resource 
                management plan which is determined to be significant, 
                18 months, and for development of an amendment to a 
                resource management plan which is determined not to be 
                significant, 12 months;
                    (C) for revision of a resource management plan, 30 
                months; and
                    (D) for a decision on a management activity which 
                is determined to be significant in accordance with 
                regulations that define significant, 12 months, and for 
                a decision on a management activity which is determined 
                to be not significant in accordance with regulations 
                that define not significant, 9 months.
            (2) Management of any unit of Federal lands subject to a 
        planning activity the deadline for which under subparagraph 
        (A), (B), or (C) has not been met shall be governed by the 
        resource management plan in existence on the date of the 
        deadline until the planning activity is completed.
    (b) Report of Failure To Meet Deadline.--
            (1) The Secretary shall report any failure to meet a 
        deadline established pursuant to subsection (a) to the 
        Committees of Congress no later than 30 days after expiration 
        of the deadline.
            (2) The report required by paragraph (1) shall include a 
        detailed explanation of the reason or reasons for failure to 
        meet the deadline and a schedule for completion of the planning 
        activity or management activity decision to which the deadline 
        applied.
    (c) Deadline for Submission to Congress.--The deadline established 
in subsection (a) for any activity or decision deemed to be a ``rule'' 
as defined in 5 U.S.C. 804(3) applies to the date on which such 
activity or decision is submitted to each House of the Congress and the 
Comptroller General pursuant to 5 U.S.C. 801(a)(1)(A).

SEC. 106. PLAN AMENDMENTS AND REVISIONS.

    (a) Inconsistent or Conflicting Plan Provisions or Federal Lands 
Policies or Decisions.--Except by amendment to or revision of the 
applicable resource management plan or as provided in subsection (c), 
no policy may be applied to or decision made on a management activity 
on the Federal lands subject to the plan if that policy or decision is 
inconsistent with any provision of the plan, including any basic 
element described in section 104(a)(1)(A).
    (b) Plan Contribution Statement.--Each Secretary shall report in 
writing in each decision to undertake a management activity on the 
Federal lands that such decision contributes to, or at a minimum does 
not preclude, achievement of any of the basic elements of the 
applicable resource management plan described in section 104(a)(1)(A) 
or take such action as required by subsection (c)(1).
    (c) Restoring Plan Conformity; Making Required Planning Changes.--
            (1)(A) Whenever, as a result of monitoring the 
        implementation of a resource management plan pursuant to 
        section 113, planning a management activity on Federal lands to 
        which the plan applies, or other circumstance, the Secretary 
        concerned determines that a conflict exists between any of the 
        provisions of the plan or that a policy or decision the 
        Secretary would otherwise establish or make is inconsistent 
        with a provision of the plan, whether the provision concerns a 
        goal or objective, land allocation, output determination, 
        environmental policy or standard, or desired future condition, 
        the Secretary shall initiate immediately the process to amend 
        or review the plan to eliminate the conflict, inconsistency, or 
        departure.
            (B) Notwithstanding subparagraph (A), the Secretary may 
        waive for a single specific management activity within any 
        class of management activities any provision in a resource 
        management plan without an amendment to or revision of the plan 
        if such provision does not implement a nondiscretionary 
        statutory requirement, no waiver of such provision has been 
        provided previously during the term of the plan for any 
        activity within such class of management activities, and the 
        Secretary determines in writing that the waiver is in the 
        public interest.
            (2) Any change in the management of any Federal lands that 
        is required by a law enacted, regulation promulgated, or court 
        order issued after the adoption of the resource management plan 
        which applies to such lands shall be effected by an amendment 
        to or revision of the plan, and, except where the Secretary 
        determines such law or court order requires otherwise and 
        publishes the determination in the Federal Register, shall not 
        become effective until the amendment or revision is adopted.
    (d) Continuation of Management Activities During Planning.--
            (1)(A) No management activities shall be stayed during the 
        process of preparing an amendment to or revision of a resource 
        management plan in anticipation of changes to be made by the 
        amendment or revision, except as otherwise required by this 
        Act, court order, or a formal declaration of the Secretary 
        published in the Federal Register.
            (B) Nothing in subparagraph (A) shall affect the authority 
        of the responsible agency official to stay a specific 
        management activity for a purpose that is unrelated to the 
        purpose or likely effect of the amendment or revision.
            (2) The authority of the Secretary to make a formal 
        declaration pursuant to paragraph (1)(A) may not be delegated.
            (3) Except as provided in paragraph (1) or required by 
        court order, an amendment to or revision of a resource 
        management plan shall not become effective until final 
        decisions on management activities on the Federal lands to 
        which the plan applies that are scheduled to be made during the 
        amendment or revision process have been made.

SEC. 107. ECOSYSTEM MANAGEMENT PRINCIPLES.

    The Secretaries shall consider and discuss ecosystem management 
principles in the environmental analysis documents prepared for 
resource management plans, and amendments to and revisions of such 
plans. Such principles shall implement section 102, and shall be 
consistent, and not be authority for noncompliance, with the other 
requirements of this Act and other law applicable to resource 
management plan documents.

SEC. 108. SCIENTIFIC BASIS FOR FEDERAL LAND PLANNING AND MANAGEMENT 
              ACTIVITIES.

    (a) Use of Science.--
            (1) In preparing each resource management plan, and each 
        amendment to, or revision of, a resource management plan, and 
        in rendering a decision on a management activity on Federal 
        lands, each Secretary shall utilize the best scientific and 
        commercial data available to the Secretary.
            (2) In implementing paragraph (1), each Secretary, when 
        evaluating comparable data, shall give greater weight to 
        scientific or commercial data that are imperical or have been 
        field-tested or peer-reviewed.
            (3) Notwithstanding paragraph (1), each Secretary may in 
        the Secretary's discretion determine whether any additional 
        information concerning any resources of the Federal lands shall 
        be collected prior to approving any resources management plan, 
        or amendment to or revision of a resource management plan, or 
        in rendering a decision on a management activity on Federal 
        lands.
    (b) Presumption in Favor of Secretary's Use of Science.--In any 
administrative appeal of, or litigation on, any planning document or 
resource management activity concerning the Federal lands, the official 
or administrative entity responsible for the appeal or the court with 
jurisdiction over the litigation shall give deference to the expert 
judgment of the Secretary in identifying and interpreting the 
scientific data described in subsection (a).

SEC. 109. NOTICE AND COMMENT ON MANAGEMENT ACTIVITIES.

    (a) In General.-- Each Secretary shall establish a notice and 
comment process for proposed actions of the Agency under the 
Secretary's jurisdiction concerning activities implementing resource 
management plans.
    (b) Notice and Comment.--
            (1) Prior to making a final decision to undertake or 
        authorize an action referred to in subsection (a), the 
        Secretary shall give notice of the proposed action, and the 
        availability of the proposed action for public comment by--
                    (A) promptly mailing notice of the proposed action 
                to any person who has requested it in writing, and to 
                persons who are known to have participated in the 
                decisionmaking process; and,
                    (B)(i) in the case of any action by the Chief, 
                Forest Service, or Director, Bureau of Land Management, 
                publishing notice of the action in the Federal 
                Register; or
                    (ii) in the case of any other action referred to in 
                subsection (a), publishing notice of the action in a 
                newspaper of general circulation that has previously 
                been identified in the Federal Register as the 
                newspaper in which notice under this paragraph may be 
                published.
            (2) Each Secretary shall accept comments on an action 
        referred to in subsection (a) within 30 days after the 
        publication in accordance with paragraph (1).

   PART B--CONSIDERATION AND DISCLOSURE OF BUDGET AND FUNDING EFFECTS

SEC. 110. DISCLOSURE OF FUNDING CONSTRAINTS ON PLANNING AND MANAGEMENT.

    The environmental analysis accompanying each resource management 
plan, or amendment to or revision of a resource management plan, shall 
consider generally for each alternative, and the decision to adopt such 
plan, amendment, or revision shall determine specifically for the plan, 
how implementation of the alternative or plan, amendment, or revision 
will be affected by, and what goals and objectives, land allocations, 
outputs, environmental policies and standards, and desired future 
conditions as described in section 104(a)(1)(A), shall be effective for 
the alternative or plan, amendment, or revision within a range of 
possible levels of funding of Agency programs determined reasonable by 
the Secretary, with at least one level which provides less funds 
annually, and one level which provides more funds annually, than the 
level of funding for the current fiscal year.

SEC. 111. FULLY ALLOCATED COSTS ANALYSIS.

    The Secretaries shall specify, in the environmental analysis 
documents prepared for resource management plans, and amendments to and 
revisions of such plans, the economic value and fully allocated cost 
(including foregone revenues), expressed as a user fee or cost-per-
beneficiary, of each non-commodity output from the Federal lands to 
which the plans apply.

SEC. 112. COST DISCLOSURES.

    On or before July 1 of each year after the date of enactment of 
this Act, each Secretary shall submit a report to the Committees of 
Congress that provides the total cost and costs per function or 
procedure incurred in the preparation of each resource management plan, 
significant amendment to or revision of any such plan, and assessment 
pursuant to section 103(c), which is published in the preceding 
calendar year. Such costs shall include the costs of the Agency 
responsible for preparation of the plan, amendment, revision, or 
assessment and of any other Federal agency which participates in the 
preparation of the plan, amendment, revision, or assessment or prepares 
an opinion concerning or comments on the compliance of the plan, 
amendment, revision, or assessment with any Federal law or regulation 
administered by such Federal agency.

               PART C--MONITORING AND ADAPTIVE MANAGEMENT

SEC. 113. MONITORING.

    (a) In General.--Using monies from the Monitoring Funds established 
pursuant to section 115 and, where such monies are insufficient, 
appropriated funds, each Secretary shall monitor, on a schedule 
established by each resource management plan pursuant to section 
104(a)(2)(C) but no less than every 2 years, the implementation of the 
plan and management of the Federal lands subject to the plan and trends 
in the conditions and uses of the resources on such lands to--
            (1) ensure that no basis element of the plan as described 
        in section 104(a)(1)(A) is constructively changed through a 
pattern of management activities or of failures to undertake management 
activities;
            (2) determine that no conflict has risen between any of the 
        basic elements of the plan as described in section 
        104(a)(1)(A); and
            (3) determine if circumstances warrant adaptive management 
        of any of the resources, to be authorized either----
                    (A) in accordance with requirements and procedures 
                prescribed in the plan, if such management will not 
                require or result in any change in the basic elements 
                of the plan as described in section 104(a)(1)(A), or
                    (B) by amendment to or revision of the plan.
    (b) Monitoring Procedures.--The monitoring required by subsection 
(a) shall be conducted in accordance with the procedures for monitoring 
prescribed in the applicable resource management plan pursuant to 
section 104(a)(2)(C).
    (c) Adaptive Management Circumstances.--The determination of 
circumstances warranting adaptive management pursuant to subsection 
(a)(3) shall be made in accordance with the criteria for such 
determination contained in the applicable resource management plan 
pursuant to section 104(a)(2)(D).

SEC. 114. ADAPTIVE MANAGEMENT AND OTHER CHANGES DUE TO MONITORING.

    (a) Correcting Constructive Plan Changes.--If, as a consequence of 
monitoring pursuant to section 113, the Secretary finds that a change 
described in section 113(a)(1) has occurred, the Secretary shall direct 
that corrective management activities be undertaken to restore 
compliance with the affected resource management plan or that the plan 
be amended or revised.
    (b) Correcting Conflicts Between Plan Elements.--If, as a 
consequence of monitoring pursuant to section 113, the Secretary finds 
that a conflict between any of the basic elements of the affected 
resource management described in section 104(a)(1)(A) exists, the 
Secretary should take such action as required by section 106(c)(1).
    (c) Ensuring Adaptive Management.--If, as a consequence of 
monitoring pursuant to section 113, the Secretary finds pursuant to 
section 113(a)(3) that the circumstances warranting adaptive management 
exist and require an amendment to or revision of the affected resource 
management plan, the plan shall be amended or revised.

SEC. 115. MONITORING FUNDS.

    (a) Establishment of Funds.--The Secretary of the Interior shall 
establish a Public Lands Monitoring Fund and the Secretary of 
Agriculture shall establish a Forest Lands Monitoring Fund.
    (b) Payment Into Funds.----
            (1) Any revenues from Federal lands described in section 
        3(a)(4)(A) received by the Secretary of the Interior in any 
        fiscal year in excess of revenues from such lands projected for 
        the Bureau of Land Management in the baseline budget of the 
        President for such fiscal year, minus the funds necessary to 
        make payments to States or local governments under other laws 
        concerning the distribution of revenues derived from such 
        lands, shall be deposited into the Public Lands Monitoring 
        Funds.
            (2) Any revenues from Federal lands described in section 
        3(a)(4)(B) received by the Secretary of Agriculture in any 
        fiscal year in excess of revenues from such lands projected for 
        the Forest Service in the baseline budget of the President for 
        such fiscal year, minus the funds necessary to make payments to 
        States or local governments under other laws concerning the 
        distribution of revenues derived from such lands, shall be 
        deposited in the Forest Lands Monitoring Fund.
    (c) Use of Fund Monies.--
            (1) Funds deposited into the Public Lands Monitoring Fund 
        shall be available, without fiscal year limitation or further 
        appropriation, to the Secretary of the Interior to conduct the 
        monitoring required by section 113 on Federal lands described 
        in section 3(a)(4)(A).
            (2) Funds deposited in the Forest Lands Monitoring Fund 
        shall be available, without fiscal year limitation or further 
        appropriation, to the Secretary of Agriculture to conduct the 
        monitoring required by section 113 on Federal lands described 
        in section 3(a)(4)(B).
    (d) Private Contractors.--To conserve personnel resources, each 
Secretary is encouraged to use private contractors, including 
contractors under the Jobs in the Woods Program, to conduct the 
monitoring required by section 113 and any other monitoring related to 
the Federal lands. Any contracts issued pursuant to this subsection 
shall comply with the requirements of the McNamara-O'Hara Service 
Contract Act (11 U.S.C. 351(a)).

   PART D--CHALLENGES TO PLANNING DOCUMENTS AND MANAGEMENT ACTIVITIES

SEC. 116. ADMINISTRATIVE APPEALS.

    (a) Appeals Regulations.--Each Secretary shall promulgate 
regulations to govern administrative appeals of decisions to approve 
resource management plans, and amendments to and revisions of such 
plans, and to approve or disapprove management activities for or on the 
Federal lands.
    (b) Appeals Requirements.--The regulations required by subsection 
(a) shall--
            (1) provide that any person may bring an administrative 
        appeal of the adoption of a resource management plan, or an 
        amendment to or revision of such a plan, or a decision to 
        approve, disapprove, or otherwise take final action on a 
        management activity if he or she has submitted written comments 
        during the preparation of such plan, amendment, revision, or 
        activity on the issue or issues for which administrative review 
        is sought: Provided, That this paragraph shall not apply when 
        either no opportunity was accorded to the public to submit 
        comments, pursuant to section 109 or other statutory provisions 
        or regulations, or no opportunity was available to raise such 
        issue or issues because such issue or issues were manifest only 
        after the close of the comment period or other demonstrated 
        reason;
            (2) provide that an administrative appeal of the adoption 
        of a resource management plan, or an amendment to or revision 
        of such a plan, may not challenge any analysis or decision 
        assigned to management activities pursuant to section 104(b) 
        and an administrative appeal of a decision to approve, 
        disapprove, or otherwise take final action on a management 
        activity may not challenge any analysis or decision assigned to 
        resource management plans pursuant to section 104(b);
            (3) establish deadlines after adoption of a plan, 
        amendment, or revision, or the final decision to approve, 
        disapprove, or take final action on an activity, by which any 
        administrative appeal must be filed: Provided, That such 
        deadlines shall be not more than 120 days after adoption of a 
        plan or revision, 90 days after adoption of an amendment, and 
        45 days after an activity decision;
            (4) establish deadlines after the filing of administrative 
        appeals pursuant to paragraph (3) by which final decisions on 
        the appeals must be rendered and authorize the Secretary to 
        extend the deadline of any appeal for a period of not more than 
        15 days by a written statement that provides the reasons for 
        the extension: Provided, That such deadlines shall be not more 
        than 120 days after the date of filing of an appeal of a plan 
        or a revision, 90 days after the date of filing of an appeal of 
        an amendment, and 45 days after the date of filing of an appeal 
        of an activity;
            (5) provide that, in the event of a failure to render a 
        final decision on an administrative appeal by the deadline 
        established pursuant to paragraph (4), the decision on which 
        the appeal is based is deemed to be a final agency action for 
        the purpose of chapter 7 of title 5, United States Code;
            (6) provide that the Secretary shall consider and balance 
        the environmental and/or economic injury to any affected 
        persons in determining whether to issue a stay pending the 
        appeal or petition;
            (7) provide that no administrative stay shall extend 
        beyond, or be imposed after--
                    (A) the conclusion of the applicable period for 
                filing an administrative appeal established pursuant to 
                paragraph (3) if no appeal is timely filed;
                    (B) 30 days from the date of, or deadline 
                established pursuant to paragraph (4) for, a final 
                decision on an appeal of a resource management plan or 
                an amendment to or revision of such a plan; and
                    (C) 15 days from the date of, or deadline 
                established pursuant to paragraph (4) for, a final 
                decision on an appeal of a management activity; and
            (8) establish categories of or criteria for management 
        activities which, because of emergency, time-sensitive, or 
        other exigent circumstances, shall not be eligible for 
        administrative appeals, or are eligible for an expedited appeal 
        procedure established by regulation, and for which lawsuits may 
        be filed immediately after the decisions to authorize such 
        activities or, if an expedited appeal procedure is provided, 
        within 10 days of the appeal decision.
    (c) Repealer.--The regulations required of the Forest Service by 
this section and section 116 shall replace any regulations promulgated 
pursuant to section 322 of Public Law 102-381 (106 Stat. 1419-1420). 
Upon the effective date of the regulations of the Forest Service 
required by this subsection, section 322 is repealed.

SEC. 117. JUDICIAL REVIEW.

    (a) Standing.--Standing to obtain judicial review of a decision on 
a management activity on the Federal lands shall be available only to 
persons who have--
            (1) participated in the decision on such activity through 
        the submission of written comments on the issue or issues for 
        which judicial review is sought, unless an opportunity to 
        submit such comments was not provided to the public or no 
        opportunity was available to raise such issue or issues because 
such issue or issues were manifest only after the close of the comment 
period, or other demonstrated reason;
            (2) raised such issue or issues in seeking, or demonstrated 
        that such issue or issues have been raised in, administrative 
        review pursuant to section 116 of such activity, other than an 
        activity subject to section 116(b)(8); and
            (3) exhausted the opportunities for administrative review 
        pursuant to section 116, except for an activity subject to 
        section 116(b)(8).
    (b) Intervention.--Any person may intervene in, as a matter of 
right, any suit brought under this Act, the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. Sec. 1701, et seq., or the Forest and 
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. Sec. 
1600, et seq.) a regulation issued under any such Act if such suit 
threatens to cause injury to the person or relates to any injury 
sustained by the person, and shall have the same right to present 
arguments as do the parties to the suit, and the right to participate 
in any settlement discussion.
    (c) Deadlines.--Except as provided in section 116(b)(8), any suit 
brought against any management activity on the Federal lands or on a 
regulation under the Acts referred to in subsection (b) must be filed 
not more than 45 days after the final decision on an administrative 
appeal of the management activity or promulgation of the regulation.
    (d) Other Citizen Suits.--The deadline for filing any suit brought 
under a provision authorizing citizen suits in any law not referred to 
in subsection (b) shall be no later than 7 days after the conclusion of 
any period of advanced notice established by such provision.

  TITLE II--COORDINATION AND COMPLIANCE WITH OTHER ENVIRONMENTAL LAWS

SEC. 201. PURPOSES.

    The purposes of this title are to coordinate, and eliminate 
conflicting procedures of the Federal land management and other 
environmental laws; to assign clear responsibility for meeting the 
standards and requirements of such laws, and securing protection of the 
environment and resources, on the Federal lands; and to reduce the time 
and cost, and thereby improve the efficiency and effectiveness, in 
achieving such protection.

SEC. 202. WILDLIFE PROTECTION.

    (a) Endangered Species Act Analysis.--
            (1) In developing a resource management plan, an amendment 
        to or revision of such a plan, or a management activity on the 
        Federal lands, the Agency, on the basis of the best scientific 
        and commercial data available, shall ensure, pursuant to 
        section 7 of the Endangered Species Act of 1973 (16 U.S.C. 
        1536), that the plan, amendment, revision, or activity is not 
        likely to jeopardize the continued existence of any species 
        determined to be endangered or threatened, or result in the 
        destruction or adverse modification of habitat of such species 
        designated as critical, pursuant to section 4 of such Act, 
        except that the Agency, upon certification pursuant to 
        paragraph (2), shall perform all functions in the processes 
        established in subsections (a)(2) through (c) of such section 7 
        (16 U.S.C. 1536(a)-(c)) which are assigned by such subsections 
        or implementing regulations to the Secretary as defined in 
        section 3(15) of such Act (16 U.S.C. 1532(15)).
            (2)(A) Each Agency may apply to the Director of any agency 
        to which the Secretary referred to in paragraph (1) has 
        delegated the responsibilities of the Secretary under 
        subsections (a)(2) through (c) of section 7 of the Endangered 
        Species Act of 1973 to be certified to perform, pursuant to 
        paragraph (1), all functions in the processes established in 
        such subsections. The application shall contain a detailed 
        summary of the personnel and funds available to, and the 
        procedures adopted by, the Agency to perform such functions.
            (B) The Director shall have 30 days from the date of 
        submission to notify the Agency of any further information 
        required by the Director to consider the application submitted 
        pursuant to subparagraph (A).
            (C) The Director shall render a decision on an application 
        submitted pursuant to subparagraph (A) within 90 days of the 
        receipt thereof or of the submission by the Agency of further 
        information pursuant to subparagraph (B), whichever is later, 
        and, if the Director fails to render a decision by such date, 
        the Agency shall be deemed certified to perform the functions 
        described in subparagraph (A).
            (D) The decision of the Director on an application 
        submitted pursuant to subparagraph (A) shall provide a detailed 
        explanation of the reasons therefor and be published in the 
        Federal Register.
            (E) The decision of the Director on an application 
        submitted pursuant to subparagraph (A) shall not be subject to 
        subsections (a) through (c) of section 7 of the Endangered 
        Species Act of 1973 and section 102(2) of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
            (F) If an application of an Agency to be certified pursuant 
        to this paragraph is denied, the Agency may file a subsequent 
        application or applications pursuant to subparagraph (A) at 
        intervals of no less than one year each until such time as it 
        receives certification.
    (b) Effect on Management Activities.--
            (1) Whenever a species is determined to be an endangered 
        species or a threatened species, or critical habitat is 
        designated, pursuant to section 4 of the Endangered Species Act 
        of 1973 (16 U.S.C. 1533) and the species or habitat is located 
        on Federal lands, the Agency with jurisdiction over such lands 
        shall determine whether the procedure established by section 
        7(a)(2) of such Act (16 U.S.C. 1536(a)(2)) and subsection (a) 
        of this section is required on each resource management plan 
        applicable to such lands within 90 days of the date of the 
        determination or designation. Any amendment to or revision of a 
        resource management plan resulting from the determination or 
        designation that such procedure is required shall be completed 
        within 12 months or 18 months, respectively, from the date of 
        the determination or designation.
            (2) If the procedure prescribed by section 7(a)(2) of such 
        Act and subsection (a) of this section is required on a 
        resource management plan (or an amendment to or revision of the 
        plan), the Agency implementing the plan may authorize, fund, or 
        carry out any agency action that is consistent with the plan 
        prior to completion of the procedure on the plan if the 
        procedure prescribed by such section 7(a)(2) and subsection (a) 
        of this section concerning the same species or critical habitat 
        is conducted on the action or if such procedure is not required 
        on the action.
    (c) Migratory Bird Treaty Act.--No person authorized by an Agency 
to carry out a management activity on the Federal lands shall be liable 
for a violation of any prohibition under section 2 of the Migratory 
Bird Treaty Act (16 U.S.C. 703) as a result of the activity if the 
activity is consistent with the applicable resource management plan.

SEC. 203. AIR QUALITY PROTECTION.

    Notwithstanding the provisions of section 118(a) of the Clean Air 
Act (42 U.S.C. 7418), upon a finding by a forest supervisor of the 
Forest Service or a district manager of the Bureau of Land Management 
that a prescribed use of fire on Federal lands within the jurisdiction 
of such official would reduce the risk of greater emissions from a 
wildfire and will be conducted in a manner that minimizes impacts on 
air quality to the extent practicable, after an opportunity for review 
by the governor, such use shall be deemed to be in compliance with an 
applicable requirements of any State implementation plan under section 
110 of such Act (42 U.S.C. 7410), and any requirements imposed by the 
U.S. Environmental Protection Agency under such Act.

SEC. 204. MEETINGS WITH USERS OF THE FEDERAL LANDS.

    (a) Authorization of Meetings.--To improve and coordinate the 
management of Federal lands, the Secretary may, in his discretion, meet 
to discuss matters of mutual concern with one or more: holders of or 
applicants for permits, leases, contracts, or other authorizations for 
use of the Federal lands; other persons who conduct activities on the 
Federal lands; and persons who own or manage lands adjacent to the 
Federal lands; or their representatives.
    (b) Federal Advisory Committee Act.--
            (1) The Federal Advisory Committee Act (5 U.S.C. App.) 
        shall not apply to meetings under this section.
            (2) Nothing in this section shall be deemed to affect the 
        exemption from the Federal Advisory Committee Act provided for 
        meetings with elected officers of State, local and tribal 
        governments by section 204(b) of the Unfunded Mandates Reform 
        Act of 1995 (2 U.S.C. 1534(b)).

 TITLE III--DEVELOPMENT OF A GLOBAL RENEWABLE RESOURCES ASSESSMENT AND 
         ELIMINATION OF RENEWABLE RESOURCE PROGRAM REQUIREMENT

SEC. 301. PURPOSES.

    The purposes of this title are to eliminate a level of Forest 
Service planning in accordance with section 103(a); to repeal the 
provisions of the Forest and Rangeland Renewable Resources Planning Act 
of 1974 concerning the Renewable Resource Program, which continually 
has been altered by other agencies and political appointees within the 
Executive Branch and routinely has been ignored by the Forest Service 
as a guide to the development of resource management plans and 
management activities; and to provide for an assessment of global 
renewable resources in the Renewable Resource Assessment required by 
that Act.

SEC. 302. GLOBAL RENEWABLE RESOURCES ASSESSMENT.

    Section 3(a) of the Forest and Rangeland Renewable Resource 
Planning Act of 1973 (16 U.S.C. 1601(a)) is amended by renumbering 
paragraphs (5) and (6) as (6) and (7), respectively, and inserting a 
new paragraph (5), as follows:
            ``(5) a global resource assessment, including but not 
        limited to--
                    ``(A) an analysis of present and anticipated 
                national and international uses of, demand for, and 
                supply of renewable resources, with an emphasis on 
                pertinent supply and demand and price relationship 
                trends;
                    ``(B) an inventory of present and potential 
                national and international renewable resources, and an 
                evaluation of opportunities for improving the yield of 
                tangible and intangible goods and services from these 
                resources, together with estimates of investment costs 
                and direct and indirect returns to the various 
                governments;
                    ``(C) an analysis of the environmental constraints, 
                and the effects thereof, on production of renewable 
                resources in the United States and in other countries;
                    ``(D) an analysis of the extent to which the 
                programs of other countries for management of renewable 
                resources ensure sustainable use and production of such 
                resources and the sustainability of the ecosystems that 
                provide such resources;
                    ``(E) a description of national and international 
                programs and responsibilities in research on renewable 
                resources and management of public and private forest, 
                range, and other associated lands;
                    ``(F) a discussion of important policy 
                considerations, laws, regulations, and other factors 
                expected to influence and affect significantly the use, 
                ownership, and management of public and private forest, 
                range, and other associated lands; and
                    ``(G) recommendations for administrative or 
                legislative changes or initiatives to be undertaken by 
                the Agencies or Congress.''.

SEC. 303. REPEAL OF RENEWABLE RESOURCE PROGRAM PROVISIONS OF THE FOREST 
              AND RANGELAND RENEWABLE RESOURCES PLANNING ACT.

    (a) Repealers.--The following sections of the Forest and Rangeland 
Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) (as 
redesignated by section 2 of, and otherwise amended by, the National 
Forest Management Act of 1976 (90 Stat. 2949)) are amended--
            (1) by deleting section 4 in its entirety;
            (2) in section 6--
                    (A) in subsection (a), by deleting ``As a part of 
                the Program provided for by section 3 of this Act, 
                the'' and inserting ``The''; and
                    (B) in subsection (g)(3), by deleting ``developed 
                to achieve the goals of the Program'';
            (3) in section 7, by deleting ``Assessment, resource 
        surveys, and Program'' and inserting ``Assessment and resource 
        surveys''; and
            (4) by deleting section 8 in its entirety.
    (b) Reporting of Assessment.--Section 3 of the Forest and 
Rangelands Renewable Resources Planning Act of 1974 (16 U.S.C. 1601) is 
amended by adding at the end thereof the following new subsection:
    ``(f) On the date Congress convenes following each updating of the 
Assessment, the President shall transmit the updated Assessment to the 
Speaker of the House of Representives and the President of the 
Senate.''

                        TITLE IV--ADMINISTRATION

SEC. 401. STEWARDSHIP CONTRACTS.

    (a) In General.--The Secretary of Agriculture may enter into 
contracts with private persons and entities to perform service to 
achieve land management goals for the Federal lands described in 
section 3(a)(4)(B) that meet local and rural community needs 
(hereinafter referred to in this section as ``stewardship contracts'').
    (b) Land Management Goals.--The land management goals of 
stewardship contracts may include, among other things--
            (1) road and trail maintenance or obliteration to restore 
        or maintain water quality, soil productivity, or other resource 
        values;
            (2) setting of prescribed fires, cutting or removing of 
        trees, or other activities to improve the composition, 
        structure, condition, and health of forest stands, reduce fire 
        hazards, improve wildlife and fish habitat, or achieve other 
        resource management or restoration objectives;
            (3) watershed restoration and maintenance;
            (4) restoration and maintenance of wildlife and fish 
        habitat; and
            (5) control of noxious and exotic weeds and reestablishing 
        native plant species.
    (c) Contracts.--
            (1) A source for performance of a stewardship contract 
        shall be selected on a best-value basis, including 
        consideration of source under other public and private 
        contracts.
            (2) A multiyear stewardship contract may be entered into in 
        accordance with section 304B of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 254c), except 
        that the period of the contract may exceed 5 years but may not 
        exceed 10 years.
            (3)(A) The Secretary of Agriculture may apply the value of 
        timber or other forest products removed as an offset against 
        the cost of services received in stewardship contracts.
            (B) The value of timber or other forest products used as 
        offset under subparagraph (A)--
                    (i) shall be determined using appropriate methods 
                of appraisal commensurate with the quantity of products 
                to be removed;
                    (ii) may be determined using a unit of measure 
                appropriate to the contracts; and
                    (iii) may include valuing products on a per-acre 
                basis.
            (4) The Secretary of Agriculture may enter into stewardship 
        contracts, notwithstanding subsections (d) and (g) of section 
        14 of the National Forest Management Act of 1976 (16 U.S.C. 
        472a).
    (d) Receipts.--The Secretary of Agriculture may collect monies from 
a stewardship contract so long as such collection is a secondary 
objective of negotiating contracts that will best achieve the purposes 
of this section.
    (e) Relation to Other Laws.--
            (1) The value of services received by the Secretary of 
        Agriculture under a stewardship contract project conducted 
        under this section, and any payments made or resources provided 
        by the contractor or the Secretary of Agriculture under such a 
        project, shall be considered as money received for purposes of 
        calculating and distributing payments to State and local 
        governments under other laws concerning the distribution of 
        revenues from Federal lands described in section 3(a)(4)(B).
            (2) The Act of June 9, 1930 (16 U.S.C. 576 et seq.; 
        commonly known as the Knutson-Vandenberg Act), shall not apply 
        to stewardship contracts entered into under this section.
    (f) Costs of Removal.--The Secretary of Agriculture may collect 
deposits from contractors under stewardship contracts covering the 
costs of removal of timber or other forest products pursuant to the Act 
of August 11, 1916 (39 Stat. 462, chapter 313; 16 U.S.C. 490); and the 
next to the last paragraph under the heading ``Forest Service.'' Under 
the heading ``Department of Agriculture'' in the Act of June 30, 1914 
(38 Stat. 430, chapter 131; 16 U.S.C. 498), notwithstanding the fact 
that the timber purchasers did not harvest the timber.
    (g) Performance and Payment Guarantees.--
            (1) The Secretary of Agriculture may require performance 
        and payment bonds, in accordance with sections 103-2 and 103-3 
        of part 28 of the Federal Acquisition Regulations (48 C.F.R. 
        28.103-2, 28.103-3), in an amount that the contracting officer 
        considers sufficient to protect the Government's investment in 
        receipts generated by the contractor from the estimated value 
        of the forest products to be removed under stewardship 
        contract.
            (2) If the offset value of the forest products exceeds the 
        value of the resource improvement treatments under a 
        stewardship contract, the Secretary of Agriculture may--
                    (A) collect any residual receipts pursuant to the 
                Act of June 9, 1930 (46 Stat. 527, chapter 419; 15 
                U.S.C. 576); and
                    (B) apply the excess to other authorized projects.

SEC. 402. FEES FOR LINEAR RIGHT-OF-WAY.

    (a) Definition.--For purposes of this section, the term ``linear 
rights-of-way'' means any right-of-way authorized by the Secretary--
            (1) under section 501 of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1761) for a power line, 
        telephone line, fiberoptic communication line, ditch, canal, 
        road, trail, or pipeline; or
            (2) under the Act of February 25, 1920 (30 U.S.C. 185) for 
        an oil and gas pipeline.
    (b) Fees.--
            (1) Each Secretary shall charge and collect rental fees for 
        linear rights-of-way based on the fair market value of the 
        rights and privileges authorized, except where linear rights-
        of-way are exempt from such fees under laws in existence on the 
        date of enactment of this Act.
            (2) Each Secretary may waive the application of paragraph 
        (1) in accordance with applicable regulations.

SEC. 403. FEES FOR PROCESSING RECORDS REQUESTS.

    Notwithstanding any other provision of law, the Secretaries may not 
waive or reduce any fee applicable to the processing of a request that 
exceeds $10,000, or of multiple requests from the same company, 
organization, or other entity, including any affiliates or members of 
the same company, organization or other entity, that exceed $10,000 
within a 6-month period, for records under section 1 of the Act of 
September 6, 1966, as amended (5 U.S.C. 552).

SEC. 404. EXEMPTION FROM STRICT LIABILITY FOR THE RECOVERY OF FIRE 
              SUPPRESSION COSTS.

    Section 504(h) of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1764(h)) is amended by adding at the end thereof the 
following new paragraph:
            ``(3) No regulation shall impose liability without fault 
        for fire suppression costs with respect to a right-of-way 
        granted, issued, or renewed under this Act to or for a 
        nonprofit entity, including a nonprofit entity that uses such 
        right-of-way for the delivery of electricity to parties having 
        an equity interest in such entity.''.

SEC. 405. ACCESS TO ADJACENT OR INTERMINGLED NON-FEDERAL LANDS.

    (a) Deadlines.--
            (1) Each Secretary shall process any application for access 
        over, upon, under, or through Federal lands within the 
        jurisdiction of the Secretary to non-Federal land pursuant to 
        section 1323 of the Alaska National Interest Lands Conservation 
        Act (16 U.S.C. 3210) within 180 days of receipt of a complete 
        application.
            (2)(A) Each Secretary shall notify in writing an applicant 
        for such access across Federal lands in accordance with this 
        section whether an application is complete within 15 days of 
        receipt thereof.
            (B) If a Secretary finds an application for such access 
        across Federal lands in accordance with this section to be 
        incomplete, the Secretary shall describe in detail in the 
        notification required by subparagraph (A) what additional 
        information is necessary to render the application complete.
            (3)(A) If an application for access in accordance with this 
        section has not been fully processed by the deadline 
        established in paragraph (1), the access shall be deemed 
        approved as described in the application.
            (B) If the Secretary fails to notify an applicant for 
        access in accordance with this section by the deadline 
        established in paragraph (2)(A), the application shall be 
        deemed complete.
    (b) Environmental Analysis and Requirements.--
            (1) The environmental analysis documents required by 
        section 102(2) of the National Environmental Policy Act of 1969 
        (42 U.S.C. 4332(2)) and section 7 of the Endangered Species Act 
        of 1973 (16 U.S.C. 1536) shall consider the environmental 
        effects of the construction, maintenance, and use of the access 
        across the Federal lands and shall not consider the use of the 
        non-Federal lands to be accessed.
            (2) Any limitation or condition on the access which the 
        Secretary is permitted to impose pursuant to section 1323 of 
        the Alaska National Interests Lands Conversation Act shall 
        limit or condition solely the construction, maintenance, or use 
        of the access across the Federal lands and not the use of the 
        non-Federal lands to be accessed.

SEC. 406. SPECIAL FUNDS.

    (a) Bureau of Land Management.--The Secretary of the Interior shall 
maintain a special fund established pursuant to Public Law 102-381, 
which shall be derived from the Federal share of all monies received 
from the salvage sales of forest products from all Federal lands 
described in section 3(a)(4)(A), and which shall be available, without 
further appropriation, for the purposes of planning and preparing 
salvage sales of forest products, the administration of salvage sales, 
and subsequent site preparation and reforestation, and forest health 
enhancement projects, including, but not limited to, prescribed burning 
(including natural ignition) or other fuels management, site 
preparation, tree planting, protection of seedlings from animals and 
other environmental elements, release from competing vegetation, and 
stand thinning. The Federal share of any revenues received from forest 
health enhancement projects shall be returned to the special fund and 
be made available for the purpose provided in this subsection.
    (b) Forest Service.--The Federal share of all monies received from 
the salvage sales of forest products from, and any other activities 
funded pursuant to this subsection on, Federal lands described in 
section 3(a)(4)(B) may be credited to the Forest Service Permanent 
Appropriations to be expended on such lands for: salvage sales of 
forest products; preparation of sales of forest products to replace 
sales lost to fire or other causes; preparation of sales of forest 
products to replace sales inventory on the shelf for any national 
forest to a level sufficient to maintain new sales availability equal 
to a rolling 5-year average of the total sales offerings; design, 
engineering, and supervision of construction of roads lost to fire or 
other causes associated with the sales programs described in this 
subsection; watershed assessment activities; and forest health 
enhancement projects, including, but not limited to prescribed burning 
(including natural ignition) or other fuels management, site 
preparation, tree planting, protection of seedlings from animals and 
other environmental elements, release from competing vegetation, and 
stand thinning.
    (c) Payments to Local Governments.--Revenues received from the 
salvage sales of forest products, and other activities, funded pursuant 
to this section shall be considered as money received for purposes of 
calculating and distributing payments to State and local governments 
under other law concerning the distribution of revenues derived from 
forest resources from the affected Federal lands.

SEC. 407. PRIVATE CONTRACTORS.

    (a) Use of Private Contractors.--To conserve budgetary and 
personnel resources, each Secretary shall use to the maximum extent 
feasible private contractors, including contractors pursuant to the 
Jobs in the Woods Program, to prepare sales of forest products from the 
Federal lands under the Secretary's jurisdiction.
    (b) Requirements.--
            (1) Any work conducted by a contractor on a sale shall be 
        reviewed and approved by the Secretary before any decision on 
        the design of, condition for, or approval or disapproval of the 
        sale may be made by the Secretary.
            (2) A contractor who worked on a sale may not submit 
        comments on, or otherwise participate in, any decision by the 
        Secretary on the design of, conditions for, or approval or 
        disapproval of the sale.
            (3) A contractor who conducted work on a sale, any entity 
        owned or controlled by the contractor, or any member of the 
        family of the contractor, may not bid on the sale or provide 
        any information to potential bidders and bidders on the sale 
        prior to award of the sale.
            (4) Any contracts issued pursuant to this section shall 
        comply with the requirements of the McNamara-O'Hara Service 
        Contract Act (11 U.S.C. 351(a)).

SEC. 408. SPECIAL FOREST PRODUCTS.

    (a) Definition of Special Forest Product.--For purposes of this 
section, the term ``special forest product'' means any vegetation or 
other life form, that grows on Federal lands described in section 
3(a)(4)(B), excluding trees, animals, insects, or fish except as 
provided in regulations issued under this section by the Secretary of 
Agriculture.
    (b) Fair Market Value for Special Forest Products.--
            (1) The Secretary of Agriculture shall charge and collect 
        not less than the fair market value for special forest products 
        harvested on Federal lands described in section 3(a)(4)(B).
            (2) The Secretary of Agriculture shall establish appraisal 
        methods and bidding procedures to ensure that the amounts 
        collected for special forest products are not less than fair 
        market value.
    (c) Fees.--
            (1) The Secretary of Agriculture shall charge and collect 
        from persons who harvest special forest products all costs to 
        the Department of Agriculture associated with the granting, 
        modifying, or monitoring the authorization for harvest of the 
        special forest products, including the costs of any 
        environmental or other analysis.
            (2) The Secretary of Agriculture may require a person that 
        is assessed a fee under this subsection to provide security to 
        ensure that the Secretary of Agriculture receives fees 
        authorized under this subsection from such person.
    (d) Waiver.--The Secretary of Agriculture may waive the application 
of subsection (b) or subsection (c) pursuant to such regulations as the 
Secretary of Agriculture may prescribe.
    (e) Collection and Use of Funds.--
            (1) Funds collected in accordance with subsection (b) and 
        subsection (c) shall be deposited into a special account in the 
        Treasury of the United States.
            (2) Funds deposited into the special account in the 
        Treasury in accordance with this section shall be available for 
        expenditure by the Secretary of Agriculture, without further 
        appropriation, and shall remain available until expended to pay 
        for--
                    (A) in the case of funds collected pursuant to 
                subsection (b), the costs of conducting inventories of 
                special forest products, monitoring and assessing the 
                impacts of harvest levels and methods, and for 
                restoration activities, including any necessary 
                vegetation; and
                    (B) in the case of fees collected pursuant to 
                subsection (c), the costs for which the fees were 
                collected.
            (3) Amounts collected under subsection (b) and subsection 
        (c) shall not be taken into account for the purposes of the 
        sixth paragraph under the heading of ``Forest Service'' of the 
        Act of May 23, 1908 (16 U.S.C. 500); section 13 of the Act of 
        March 1, 1911 (16 U.S.C. 500); the Act of March 4, 1913 (16 
        U.S.C. 501); the Act of July 22, 1937 (7 U.S.C. 1012); the Acts 
        of August 8, 1937 and of May 24, 1939 (43 U.S.C. 1181 et seq.); 
        the Act of June 14, 1926 (43 U.S.C. 869-4); chapter 69 of title 
        31, United States Code; section 401 of the Act of June 15, 1935 
        (16 U.S.C. 715s); the Land and Water Conservation Fund Act of 
        1965 (16 U.S.C. 4601-6a); and any other provision of law 
        relating to revenue allocation.

SEC. 409. OFF-BUDGET STUDY.

    Within twelve months from the date of enactment of this Act, the 
United States General Accounting Office shall conduct, and report to 
the Committees of Congress the results of, a study of the feasibility 
and likely effects of prohibiting any appropriations of funds to the 
Forest Service and Bureau of Land Management, except for activities of 
such agencies conducted on or related to non-Federal lands, and 
permitting such agencies to retain for their use, without further 
approval of, or appropriation by, Congress and without fiscal year 
limitation, all revenues collected from the Federal lands, with 
revenues from mineral activities on Federal lands described in section 
3(a)(4)(B) retained by the Forest Service, minus the funds necessary to 
make payments to State and local governments under other laws 
concerning the distribution of revenues derived from the Federal lands.

SEC. 410. FUELS TREATMENT STUDY.

    (a) Study Requirement.--Within one year of the date of enactment of 
this Act, the Secretary of Agriculture and the Secretary of the 
Interior shall jointly conduct, and report to the Committees of 
Congress the results of, a study of the effectiveness of fuels hazard 
treatment strategies and methods in the reduction of risk of losses of 
private property from catastrophic fires.
    (b) Study Purpose.--The study required by subsection (a) shall 
provide the scientific basis for the selection by the Secretaries of 
fuels hazard treatment priorities based on the effectiveness of 
treatment strategies and methods within and outside of the wildland-
urban interface for reducing threats to private lands and communities.
    (c) Priorities.--The report required by subsection (a) shall 
contain a statement of the fuels hazard treatment priorities 
established pursuant to subsection (b).

                         TITLE V--MISCELLANEOUS

SEC. 501. REGULATIONS.

    Not later than 18 months from the date of enactment of this Act, 
each Secretary shall promulgate any regulations necessary to carry out 
the purposes and provisions of this Act.

SEC. 502. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated in the fiscal year in which 
this Act is enacted and each fiscal year for 10 fiscal years thereafter 
such sums as may be necessary to carry out the provisions of this Act. 
Notwithstanding any other provision of law, all other authorizations of 
appropriations for the management of Federal lands shall expire on the 
same date as the expiration of the appropriations authority of this 
section.

SEC. 503. EFFECTIVE DATE.

    The provisions of this Act shall take effect on the date of 
enactment of this Act. No decision or action required or authorized by 
this Act shall be delayed pending promulgation of any regulation to 
carry out the provisions of this Act.

SEC. 504. SAVINGS CLAUSES.

    (a) O&C Lands Act.--Notwithstanding any provision of this Act, in 
the event of conflict with or inconsistency between this Act and the 
Acts of August 28, 1937 (50 Stat. 874; 43 U.S.C. a-1181j) and May 24, 
1939 (53 Stat. 753), the latter Acts shall prevail.
    (b) Land Use Rights and Authorizations.--Nothing in this Act shall 
be construed as--
            (1) terminating any valid lease, permit, patent, right-of-
        way, or other right of, or authorization for, use of the 
        Federal lands existing on the date of enactment of this Act; or
            (2) altering in any manner any Native American treaty 
        right.
    (c) Valid Existing Rights.--All actions taken by the Secretaries 
under this Act shall be subject to valid existing rights.

SEC. 505. SEVERABILITY.

    If any provision of this Act or the application thereof is held 
invalid, the remainder of the Act, or any other application thereof, 
shall not be affected thereby.
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