[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 433 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 433

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2003

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

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

    (a) Definitions.--In this Act:
            (1) Advisory panel.--The term ``advisory panel'' means the 
        Clearwater Advisory Panel, established by the Secretary under 
        section 3.
            (2) Pilot project.--The term ``pilot project'' means the 
        Clearwater Basin Pilot Project authorized by section 4.
            (3) Pilot project area.--The term ``pilot project area'' 
        means the area described in section 4(a) in which the pilot 
        project will be conducted.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (5) Stewardship contract.--The term ``stewardship 
        contract'' means a contract to achieve land management goals 
        for National Forest System lands as described in section 347 of 
        the Department of Interior and Related Agencies Appropriations 
        Act, 1999 (16 U.S.C. 2104 note).
            (6) Stewardship objectives.--The term ``stewardship 
        objectives'' means objectives that enhance forest ecosystems, 
        and restore and improve land health water quality such as--
                    (A) road, trail, and infrastructure maintenance or 
                obliteration;
                    (B) soil productivity improvement;
                    (C) improvements in forest ecosystem health;
                    (D) watershed restoration and maintenance;
                    (E) restoration, maintenance and improvement of 
                wildlife and fish habitat;
                    (F) control of noxious weeds; and
                    (G) reestablishment of native species.

SEC. 3. CLEARWATER ADVISORY PANEL.

    (a) Establishment and Purpose.--The Secretary shall establish an 
advisory group, to be known as the ``Clearwater Advisory Panel'', for 
the purpose of improving collaborative relationships and providing 
advice and recommendations to the Forest Service regarding the 
Clearwater Basin pilot project and activities under the pilot project, 
as authorized by and consistent with this Act.
    (b) Duties.--The advisory panel shall--
            (1) review and make recommendations to the Forest Service 
        regarding activities proposed for high priority implementation 
        as part of the pilot project;
            (2) provide early and continuous coordination with 
        appropriate Forest Service and other agency officials in 
        reviewing and recommending activities for high priority 
        implementation; and
            (3) provide frequent opportunities for citizens, 
        organizations, tribes, agencies, and other interested parties 
        to participate in all stages of the activity schedule 
        development process.
    (c) Appointment of Members.--
            (1) Appointment and term.--No later than 90 days after the 
        date of enactment of this Act, and consistent with subsection 
        (d), the Secretary shall appoint the members of the advisory 
        panel and each member shall serve without compensation for a 
        term of three years beginning on the date of appointment. The 
        Secretary may reappoint members to subsequent three-year terms.
            (2) Vacancies.--The Secretary shall make appointments to 
        fill vacancies on the advisory panel as soon as practicable 
        after the vacancy has occurred.
    (d) Composition of Advisory Panel.--The advisory panel shall 
be comprised of 15 members who shall be representative of the interests 
of the following categories:
            (1) Category i.--
                    (A) organized labor;
                    (B) developed outdoor recreation, off highway 
                vehicle users, or commercial recreation activities;
                    (C) energy and mineral development interests;
                    (D) commercial timber industry; and
                    (E) Federal grazing permit holders, or other land 
                use permit holders within the pilot project area.
            (2) Category ii.--
                    (A) national environmental organizations;
                    (B) regional or local environmental organizations;
                    (C) dispersed recreational activities;
                    (D) archaeological and historical interests; and
                    (E) national or regional fish and wildlife interest 
                groups.
            (3) Category iii.--
                    (A) State elected officeholders or their designee;
                    (B) county or local elected officeholders;
                    (C) Indian Tribes within or adjacent to the pilot 
                project area;
                    (D) school officials or teachers; and
                    (E) the affected public at large.
            (4) Balanced representation.--The Secretary shall provide 
        for balanced representation from among the categories described 
        in paragraphs (1), (2), and (3).
            (5) Geographic distribution.--The members of the advisory 
        panel shall reside within the State of Idaho, and to the extent 
        practicable, within or adjacent to the pilot project area.
    (e) Approval Procedures.--
            (1) Establishment.--Subject to paragraph (2) and the other 
        requirements of this Act, the advisory panel shall establish 
        procedures for proposing, developing, and reviewing activities 
        and schedules for recommendation to the Forest Service for 
        approval and implementation under the pilot project. A majority 
        must be present to constitute an official meeting of the 
        advisory panel.
            (2) Majority vote.--An activity or schedule may be 
        recommended by the advisory panel to the applicable Forest 
        Supervisor for approval and implementation under the pilot 
        program if it is approved by a majority of the advisory panel 
        members from each of the three categories described in 
        subsection (d).
    (f) Other Authorities and Requirements.--
            (1) Chairperson.--A majority of the advisory panel shall 
        select a chairperson.
            (2) Staff assistance.--The Secretary may provide staff 
        assistance to the advisory panel from employees under the 
        jurisdiction of the Secretary.
            (3) Meetings.--All meetings of the advisory panel shall be 
        announced at least one week in advance in a local newspaper of 
        record and shall be open to the public. Records of the meetings 
        shall be retained and made available for public inspection.

SEC. 4 CLEARWATER BASIN PILOT PROJECT.

    (a) Pilot Project Authorized.--The Secretary may conduct a pilot 
project under this section, to be known as the ``Clearwater Basin pilot 
project'', on those National Forest System land encompassed by the 
North Fork, Powell, and Lochsa Ranger Districts of the Clearwater 
National Forest in the State of Idaho, and the Red River/Elk City, 
Moose Creek and Clearwater Ranger Districts of the Nez Perce National 
Forest in the State of Idaho.
    (b) Role of Advisory Panel.--The advisory panel shall review and 
recommend activities for high priority implementation of stewardship 
objectives within the pilot project area, for which funding is 
authorized under this Act or other laws.
    (c) Stewardship Contracts.--A total of three stewardship contracts 
are authorized for recommendation by the advisory panel and for 
approval and implementation in accordance with, and to achieve the 
purposes of, the pilot project. These contracts are in addition to any 
stewardship contracts authorized under any other law.
    (d) Activity Schedules.--
            (1) Development.--Within two years after the date of the 
        enactment of this Act, the advisory panel shall develop and 
        submit for Forest Supervisor review schedules of high priority 
        activities to be commenced within the pilot project area for 
the ensuing five-year period. Separate schedules shall be developed for 
the Clearwater National Forest portion of the pilot project area. 
Thereafter, the advisory panel shall develop and submit in advance 
schedules for subsequent five-year periods.
            (2) Consultation.--The advisory panel shall develop each 
        five-year schedule in consultation with, and with technical 
        assistance from, the applicable Forest Supervisor and the Nez 
        Perce Tribe. The Forest Service shall ensure that the 
        activities in the schedules are consistent with treaty and any 
        other obligations to the Tribe.
            (3) Content.--Each five-year schedule shall be in 
        sufficient detail to describe the high priority activities to 
        be conducted in the pilot project area over the five-year 
        period and the timing for their implementation, and to allow 
        reasonable site-specific, project-level evaluation of their 
        environmental effects. The scope of the activities included in 
        each schedule shall be reasonably adjusted to the extent that 
        the advisory panel and applicable Forest Supervisor determine 
        necessary to allow such evaluation to be completed within the 
        time periods provided by this Act.
            (4) Consistency with forest plan.--The activities included 
        within the five-year schedules shall be consistent with the 
        applicable forest land and resource management plan. The 
        schedule may include any amendment of the applicable forest 
        land and resource management plan that the advisory panel 
        recommends or that the applicable Forest Supervisor determines 
        is necessary to allow or facilitate implementation of one or 
        more activities in the schedule.
    (f) NEPA Requirements and Related Procedures.--
            (1) Process.--The Forest Service shall conduct any 
        applicable procedures under the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) for the approval of the 
        activities in each five-year schedule, tiered to the 
        environmental impact statement for the applicable forest land 
        and resource management plan. The procedures under such Act, 
        and any review, consultation, or coordination under other laws, 
        including the Forest and Rangeland Renewable Resources Planning 
        Act of 1974 (16 U.S.C. 1600 et seq.), Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.) and National Historic 
        Preservation Act (16 U.S.C. 470), shall be completed within one 
        year after the Forest Service, in consultation with the North 
        Central Idaho resource advisory committee, issues the public 
        scoping notice regarding the proposed schedule.
            (2) Resources.--The Forest Service, and any other Federal 
        agencies involved in the process described in paragraph (1), 
        shall provide sufficient personnel and other resources, 
        directly or through contracting, to complete the review, 
        consultation, or coordination within the required one-year 
        period, and without substantially delaying implementation of 
        other forest management activities in Region 1 of the Forest 
        Service. The Forest Service and other involved agencies may 
        rely upon or use any analysis, documents, or procedures 
        previously performed under the National Environmental Policy 
        Act of 1969 or other law for any activity in the schedule.
            (3) Effect of failure to complete process.--If any review, 
        consultation, or coordination required under the National 
        Environmental Policy Act of 1969 or other law has not been 
        completed for a schedule within the required one-year period, 
        the lack of completion shall not be a basis for challenging or 
        delaying submittal, approval, or implementation of an activity 
        in the schedule, if the applicable Forest Supervisor, in 
        consultation with the advisory panel, finds that sufficient 
        review, consultation, and coordination regarding the activity 
        has occurred and a sufficient record exists to make a reasoned 
        decision regarding approval of the activity.
    (g) Review by Forest Supervisor.--
            (1) Submission.--The advisory panel shall submit a final 
        recommendation regarding each five-year schedule, together with 
        the record of the review, consultation, and coordination 
        performed under subsection (f) for the schedule, to the 
        applicable Forest Supervisor for review. The final 
        recommendation and record shall be submitted to the Forest 
        Supervisor at least 30 days in advance of the date for 
        commencing implementation of activities under the schedule.
            (2) Review.--Within 30 days after receiving the schedule 
        and record from the advisory panel, the Forest Supervisor shall 
        issue a project or activity decision document regarding review 
        of the recommended schedule in accordance with the National 
        Environmental Policy Act of 1969 and any other applicable 
        procedures. In the decision document, the Forest Supervisor may 
        approve the schedule, or disapprove the schedule and return it 
        to the advisory panel for further consideration with 
        instructions. If the Forest Supervisor has not issued a 
decision document upon expiration of the 30-day period, the schedule 
shall be deemed approved by the Forest Supervisor and subject to 
administrative appeal under Department of Agriculture procedures 
applicable to Forest Service project or activity record of decision or 
decision notice documents issued pursuant to the National Environmental 
Policy Act of 1969.
    (h) Implementation.--Upon approval of the schedule, but subject to 
any stay that may be in effect pursuant to Forest Service project or 
activity administrative appeal procedures, the Forest Service may issue 
any permits, contracts, or other authorizations for activities in the 
schedule without further review, consultation, or coordination under 
the National Environmental Policy Act of 1969 or other laws.
    (i) Activities Not Included in a 5-Year Schedule; Amendment of 
Schedule.--An activity that the advisory panel determines should 
proceed in advance of approval of the first five-year schedule, or an 
activity in the pilot project area that is not included in a five-year 
schedule, may be approved and implemented on an individual or group 
basis, upon completing the process and requirements for review and 
approval of a five-year schedule. A five-year schedule may be amended 
upon completed the process and requirements for review and approval of 
the schedule.
    (j) Relation to Other Schedules, Plans, and Activities.--The five-
year schedules and activities authorized under the pilot project shall 
supplement other schedules plans and projects or other activities 
authorized and implemented under other law. Upon advisory panel 
recommendation and applicable Forest Supervisor approval, an activity 
that is included in another schedule or plan or proposed, authorized, 
or funded under other law may be authorized and implemented as an 
activity under the pilot project, if the activity meets the 
requirements of this section for implementation as a high priority 
activity.

SEC. 5. MONITORING AND REPORTING REQUIREMENTS.

    (a) Report on Applicable Rules and Regulations.--The advisory panel 
may submit to the Secretary, the Committee on Energy and Natural 
Resources of the Senate and the Committee on Resources of the House of 
Representatives a compilation of regulations applicable to the pilot 
project that the advisory panel determines are inappropriate for the 
pilot project, incompatible with the pilot project, or unduly 
burdensome in conducting the pilot project.
    (b) Monitoring; Annual Report on the Project.--The Secretary shall 
monitor the activities and achievement in the pilot project area under 
the pilot project. Not later than two years after the date of the 
enactment of this Act, and each year thereafter during the pilot 
project, the Secretary shall submit a report to the Committee on Energy 
and Natural Resources of the Senate and the Committee on Resources of 
the House of Representatives on the results of such monitoring, 
including detailed information on the sources and uses of funds and the 
status, outputs, and other results accomplished for each activity 
recommended for priority implementation by the advisory panel under the 
pilot project.
    (c) State of Idaho Report.--The Secretary shall request the State 
of Idaho, through the University of Idaho College of Natural Resource 
or other source, to prepare a report reviewing the activities and 
achievements of the pilot project in the pilot project area. The 
Secretary shall request the State to prepare and submit the report at 
five-year intervals to the Secretary, the Committee on Energy and 
Natural Resources of the Senate, and the Committee on Resources of the 
House of Representatives. The requested report should include an 
assessment of whether, and to what extent, the activities conducted 
under the pilot project are meeting or enhancing the accomplishment of 
stewardship objectives.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary, through fiscal year 2012, such sums as 
may be necessary for the following purposes:
            (1) Developing, submitting, reviewing, and implementing 
        five-year schedules and priority activities under the pilot 
        project, including the stewardship contracts authorized by this 
        Act.
            (2) Other advisory panel activities and technical 
        assistance to the advisory panel for the purposes of the pilot 
        project.
            (3) Monitoring and reporting requirements under section 5.
            (4) Such other actions as are necessary to implement this 
        Act.
    (b) Availability.--Amount appropriated for the purposes specified 
in subsection (a) shall remain available until expended.
    (c) Treatment of Receipts.--Notwithstanding the Secure Rural 
Schools and Community Self-Determination Act of 2000 (Public Law 106-
393; 16 U.S.C. 500 note), any moneys received by the Forest Service 
from activities approved and implemented under the pilot project shall 
be distributed in accordance with the sixth paragraph under the heading 
``Forest Service'' in the Act of May 23, 1908 (16 U.S.C. 500).

SEC. 7. SEVERABILITY.

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