[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4932 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4932

 To establish management priorities for Federal forest lands in Oregon 
and Washington located west of the Cascade Crest that will protect old 
   growth timber while improving the health of young managed stands, 
increasing the volume of commercial timber available from these lands, 
  and providing economic opportunities in local communities, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2004

 Mr. DeFazio introduced the following bill; which was referred to the 
     Committee on Agriculture, and in addition to the Committee on 
 Resources, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To establish management priorities for Federal forest lands in Oregon 
and Washington located west of the Cascade Crest that will protect old 
   growth timber while improving the health of young managed stands, 
increasing the volume of commercial timber available from these lands, 
  and providing economic opportunities in local communities, 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.

    This Act may be cited as the ``Northwest Rural Employment and 
Forest Restoration Act of 2004''.

SEC. 2. DEFINITIONS.

    In this section:
            (1) Northwest forest plan.--The term ``Northwest Forest 
        Plan'' means the collection of documents issued in 1994 and 
        entitled ``Final Supplemental Environmental Impact Statement 
        and Record of Decision for Amendments to Forest Service and 
        Bureau of Land Management Planning Documents within the Range 
        of the Northern Spotted Owl'' and ``Standards and Guidelines 
        for Management of Habitat for Late-Successional and Old-Growth 
        Forest Related Species Within the Range of the Northern Spotted 
        Owl''.
            (2) Westside forest land.--The term ``Westside Forest 
        land'' refers to the publicly owned Douglas fir and western 
        hemlock forests in Oregon and Washington that are covered by 
        the Northwest Forest Plan, located west of the Cascade Crest, 
        and administered by the Bureau of Land Management or the Forest 
        Service. These forests generally belong to the western hemlock 
        and pacific silver fir plant associations and have their 
        geographic center north of the mixed conifer and pine series 
        characteristic of Southern Oregon. These forests are found 
        within the boundaries of the Mt. Baker-Snoqualmie National 
        Forests, Olympic National Forest, Gifford Pinchot National 
        Forest, Siuslaw National Forest, Mount Hood National Forest, 
        Willamette National Forest, Umpqua National Forest, Rogue River 
        National Forest, Salem Bureau of Land Management District, 
        Eugene Bureau of Land Management District, Roseburg Bureau of 
        Land Management District, Coos Bay Bureau of Land Management 
        District, and Medford Bureau of Land Management District.
            (3) Forest health.--The term ``forest health'', with 
        respect to an area of Westside Forest land, refers to the 
        ability of the land to support viable native species 
        assemblages or to have, or be developing, historic species 
        composition, function, and structure and hydrologic function.
            (4) Late-successional reserve.--The term ``late-
        successional reserve'' means land area designated as a ``late-
        successional reserve'' pursuant to the Northwest Forest Plan.
            (5) Old growth.--The term ``old growth'' means late-
        successional and mature multi-storied conifer forest stands, 
        more than 120 years old as of the date of the enactment of this 
        Act, that provide, or are likely to provide, complex habitat 
        for associated species assemblages.
            (6) Young managed stands.--The term ``young managed stand'' 
        means a stand of trees where the overstory has been 
        mechanically removed and the stand has been artificially 
        regenerated.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The Northwest Forest Plan can be better implemented. 
        Better implementation and funding of the Northwest Forest Plan 
        could significantly improve protection for native forest 
        ecosystems and wildlife and substantially increase timber 
        production and economic opportunities for rural communities.
            (2) Logging of old-growth forests diminishes a unique 
        natural heritage, as well as habitat for rare, threatened and 
        endangered species. Old-growth logging creates intense public 
        controversy that has prevented attainment of the social and 
        economic goals of the Northwest Forest Plan. Thinning in 
        younger, previously managed forests, on the contrary, can help 
        recover habitat, reduce controversy, and create certainty and 
        stability in wood fiber production.
            (3) To improve habitat and to capture future commodity 
        production potential, the Forest Service and Bureau of Land 
        Management should implement an accelerated thinning regime 
        across a wide landscape, primarily in young managed stands.
            (4) There are vast unmet thinning needs on Westside Forest 
        lands. Currently there are over 1,000,000 acres of young 
        managed stands designated as late-successional reserves within 
        the range of the Northwest Forest Plan that need immediate 
        thinning or will need thinning in the near future. 
        Additionally, there are approximately 1,000,000 acres of young 
        managed stands designated as matrix on these lands that are 
        also in immediate need of thinning or will need thinning in the 
        near future.
            (5) The Forest Service estimates that thinning the millions 
        of acres of young managed stands on Westside Forest lands could 
        produce approximately 6,000,000,000 board-feet of commercial 
        timber over the next couple of decades.
            (6) The timber industry in Oregon and Washington has 
        largely re-tooled its existing mills to process the smaller-
        diameter commercial timber generated from thinning young 
        managed stands and is no longer dependent on large-diameter 
        old-growth trees.
            (7) A program of intensive and accelerated thinning in 
        young managed stands could annually yield twice the volume of 
        commercial timber products than the volume currently being 
        produced from Federal lands under the Northwest Forest Plan.
            (8) The Olympic and Siuslaw National Forests represent nine 
        percent of the National Forest land base in Oregon and 
        Washington under the Northwest Forest Plan, but in 2003 
        produced almost 20 percent of the volume in this area. A number 
        of factors account for this fact, but the primary reason for 
        these forests' productivity is the absence of appeals and 
        litigation due to an emphasis on thinning young managed stands.
            (9) The Siuslaw National Forest generates approximately 
        20,000,000 board-feet annually, with the potential to generate 
        50,000,000 board-feet, from young managed stands, resulting in 
        millions of dollars for additional restoration projects, other 
        forest accounts, payments to local counties, and the Federal 
        Treasury.
            (10) The Gifford Pinchot National Forest was once the top 
        producing forest in Washington. Harvest volumes dropped 
        substantially, to approximately 2,000,000 board-feet of timber 
        per year, due to controversy over old-growth logging. Since 
        shifting to an emphasis on thinning young managed stands, the 
        Gifford Pinchot National Forest can now produce nearly 
        18,000,000 board-feet of commercial timber annually with 
        virtually no controversy, appeals, or litigation.
            (11) Thinning young managed stands could significantly 
        contribute to improved forest health, water quality, wildlife 
        and vegetation diversity, and the development of vital old 
        growth forest ecosystems, while providing thousands of jobs and 
        much-needed economic activity in depressed rural communities of 
        Western Oregon and Washington.

SEC. 4. INVENTORY OF WESTSIDE FOREST LAND.

    (a) Westside Forest Inventory.--Not later than 180 days after the 
date of the enactment of this Act, each Forest Service and Bureau of 
Land Management administrative unit containing Westside Forest land 
shall--
            (1) identify different forest land management allocations, 
        as amended by the Northwest Forest Plan; and
            (2) identify the location, acreage, and age of old growth 
        stands, young managed stands, and other naturally occuring 
        stands, regardless of land management allocation.
    (b) Existing Inventories.--Existing forest inventories may be used 
to satisfy the requirements of this section, subject to an internal 
review confirming the accuracy of the inventory.

SEC. 5. MANAGEMENT PRIORITIES FOR WESTSIDE FOREST LAND.

    (a) Forest Health Projects; Prioritization.--Upon completion of the 
forest inventory required by section 4 for a Forest Service or Bureau 
of Land Management administrative unit, the administrative unit shall 
plan and implement projects described in subsection (b) through (e) to 
enhance the forest health of Westside Forest land managed by the 
administrative unit. In selecting such projects, resources of the 
administrative unit shall be prioritized so that significant acreage 
identified in the inventory in the two categories described in 
subsections (b) and (c) are planned for treatment, and treatment has 
begun, before planning of projects described in subsections (d) and (e) 
is commenced.
    (b) Enhancement of Late-Successional Forest Development.--The 
highest priority shall be given to projects involving variable density 
thinning treatments to enhance late-successional forest development in 
young managed stands in late-successional reserves. Projects shall 
avoid impacts to unstable slopes, and avoid disturbance to aquatic 
systems and soils. All projects shall comply with the management 
guidelines for late-successional reserves contained in the Northwest 
Forest Plan, except, notwithstanding the 80-year age limit for late-
successional reserve management, active management to improve forest 
health in young managed stands may occur up to 120 years of age in a 
late-successional reserve. Appropriate thinning prescriptions for a 
late-successional reserve shall be site-specific to individual young 
managed stands, taking into account factors such as the slope aspect, 
soil type, hydrology, geomorphology, and vegetation composition of the 
site.
    (c) Improvement of Young Managed Stands.--The second highest 
priority shall be given to projects involving thinning in young managed 
stands designated for timber production in the matrix designed to 
increase the objectives of future timber production or enhanced 
habitat, or both objectives.
    (d) Testing of Innovative Management Techniques and Strategies.--An 
administrative unit may plan and implement silvicultural projects under 
this section that test new and innovative management techniques and 
strategies in adaptive management areas under the Northwest Forest 
Plan. Projects shall avoid impacts to unstable slopes, streams, and 
soils, as defined in the Northwest Forest Plan, as well as identified 
old growth forests.
    (e) Projects on Matrix Land.--For matrix land containing old growth 
stands, an administrative unit shall not plan, advertise, contract, or 
implement any harvest of timber, except for noncommercial use, or 
noncommercial purposes in an emergency situation such as wildland fire-
fighting. Other projects may include any management activity allowed by 
the Northwest Forest Plan.

SEC. 6. PREPARATION OF PROGRAMMATIC ENVIRONMENTAL DOCUMENTATION.

    (a) NEPA Documentation.--Based on the forest inventory required by 
section 4 for a Forest Service or Bureau of Land Management 
administrative unit, the administrative unit may prepare programmatic 
environmental documentation pursuant to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) at the appropriate scale 
(District, watershed, or subwatershed) to study the significant 
environmental effects of the major Federal actions contemplated in 
projects authorized by section 5.
    (b) Elimination of Repetitive Discussions of Issues.--If 
programmatic environmental documentation is prepared under subsection 
(a), the Forest Service or Bureau of Land Management administrative 
unit may eliminate repetitive discussions of the same issues and focus 
on the actual issues ripe for decision at subsequent levels of 
environmental review. Subsequent levels of environmental review may 
tier to the programmatic environmental document by summarizing the 
issues discussed in the broader statement and incorporate discussions 
from the broader statement by reference.

SEC. 7. IMPLEMENTATION REQUIREMENTS AND AUTHORIZATION OF 
              APPROPRIATIONS.

    (a) Relation to Northwest Forest Plan.--This Act is intended to 
supplement the requirements of the Northwest Forest Plan. Except as 
provided in section 5, all projects on Westside Forest lands shall be 
planned and implemented in compliance with the Northwest Forest Plan 
and all other applicable laws.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $25,000,000 for each fiscal year to plan and implement 
projects under section 5. Amounts appropriated pursuant to this 
authorization of appropriation shall remain available until expended. 
This authorization of appropriations is in addition to any other 
authorization of appropriations for the Forest Service or the Bureau of 
Land Management.
    (c) Treatment of Proceeds From Certain Projects.--
            (1) Retained proceeds.--Subject to paragraph (2), an 
        administrative unit of the Forest Service or the Bureau of Land 
        Management may retain proceeds from the sale of commercial 
        timber resulting from a project described in section 5(b) for 
        use in planning and implementing other projects under such 
        section and other projects to improve forest health on Westside 
        Forest lands.
            (2) Relation to other forest receipt laws.--Nothing in this 
        Act shall affect deposits to the Knudsen-Vanderburg 
        Reforestation Trust Fund established under section 3 of the Act 
        of June 9, 1930 (16 U.S.C. 576b), the requirement to make 
        payments to States or counties under any provision of law, or 
        other obligations related to receipts obtained from the sale of 
        forest products from Westside Forest lands.
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