[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3973 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3973

 To authorize the Forest Service and the Bureau of Land Management to 
    carry out a series of pilot projects to encourage collaborative 
approaches to, and to provide research on, the rehabilitation of forest 
 ecosystem health following uncharacteristic disturbances of forested 
   Federal lands, to be conducted in a manner that protects wildlife 
  habitat, water quality, and forest resiliency while also promoting 
social and economic opportunities in nearby communities, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2005

  Mr. Udall of New Mexico (for himself, Mr. Grijalva, and Mr. Rahall) 
 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 authorize the Forest Service and the Bureau of Land Management to 
    carry out a series of pilot projects to encourage collaborative 
approaches to, and to provide research on, the rehabilitation of forest 
 ecosystem health following uncharacteristic disturbances of forested 
   Federal lands, to be conducted in a manner that protects wildlife 
  habitat, water quality, and forest resiliency while also promoting 
social and economic opportunities in nearby 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 ``National Forests Rehabilitation and 
Recovery Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In enacting the Healthy Forest Restoration Act of 2003 
        (Public Law 108-148; 16 U.S.C. 6501 et seq.), Congress clearly 
        recognized the priority of reducing wildfire risks to 
        communities through active hazardous fuels reduction treatment 
        of adjacent forested Federal lands.
            (2) Because of funding limitations, the Secretary of 
        Agriculture and the Secretary of the Interior have been unable 
        to fully implement the necessary hazardous fuels reductions 
        anticipated by the Healthy Forest Restoration Act of 2003, and 
        many communities in the vicinity of forested Federal lands 
        remain at risk for wildland fire.
            (3) The Secretary of Agriculture and the Secretary of the 
        Interior should increase efforts to prioritize and aggressively 
        pursue hazardous fuel reduction in communities at risk in the 
        wildland-urban interface.
            (4) Many communities are still at risk from unnatural 
        accumulation of fuels, and, for such at-risk communities, it is 
        important to pro-actively consider scenarios for the 
        rehabilitation of Federal land near these communities, should 
        an uncharacteristic disturbance occur.
            (5) While significant scientific research exists on the 
        short-term and long-term impacts of vegetative removal 
        following a fire, it is essential to test various approaches to 
        post-disturbance management to determine whether and how trees 
        of commercial value can be removed during the post-disturbance 
        period while ensuring the best and fastest recovery to a 
        resilient state that will ensure long-term protection for both 
        forest ecosystems and forest communities.
            (6) Community collaboration has shown great promise in 
        resolving controversial issues prior to, and as part of, the 
        process required under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4331 et seq.), and the Healthy Forest 
        Restoration Act of 2003 recognized the promise of collaboration 
        by encouraging the development of community wildfire protection 
        plans.
            (7) It is important to promote pro-active planning and 
        collaboration to accelerate the approval of restoration 
        projects following wildland fire or other uncharacteristic 
        disturbance events.

SEC. 3. DEFINITIONS.

    In this section:
            (1) Collaboration.--The term ``collaboration'' means an 
        inclusive and open process of bringing together interested 
        persons, including local elected officials, State and Federal 
        agencies, and emergency responders, to develop a consensus on a 
        particular natural resource issue.
            (2) Community wildfire protection plan.--The term 
        ``community wildfire protection plan'' has the meaning given 
        that term in section 101(3) of the Healthy Forest Restoration 
        Act of 2003 (16 U.S.C. 6511(3)), which is further described by 
        the Western Governors Association in the document entitled 
        ``Preparing a Community Wildfire Protection Plan: A Handbook 
        for Wildland-Interface Communities'' and dated March 2004.
            (3) Federal land.--The term ``Federal land'' means--
                    (A) land of the National Forest System (as defined 
                in section 11(a) of the Forest and Rangeland Renewable 
                Resources Planning Act of 1974 (16 U.S.C. 1609(a))) 
                administered by the Secretary of Agriculture, acting 
                through the Chief of the Forest Service; and
                    (B) public lands (as defined in section 103 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702)), the surface of which is administered by 
                the Secretary of the Interior, acting through the 
                Director of the Bureau of Land Management.
            (4) Federal land forest community.--The term ``Federal land 
        forest community'' means a town, city, county, Indian tribe, or 
        collaborative group--
                    (A) located adjacent to (or, in the case of a 
                county, containing) Federal land; and
                    (B) whose residents (or, in the case of an Indian 
                tribe or collaborative group, whose members) have a 
                history of deriving income and employment from 
                recreation, grazing, timber harvesting, or other 
                activities involving Federal land.
            (5) Inventoried roadless area.--The term ``Inventoried 
        roadless area'' means one of the areas identified in the set of 
        inventoried roadless areas maps contained in the Forest Service 
        Roadless Areas Conservation, Final Environmental Impact 
        Statement, Volume 2, dated November 2000.
            (6) Pilot project.--The term ``pilot project'' means one of 
        the post-disturbance rehabilitation pilot projects authorized 
        by this Act.
            (7) Pilot project site.--The term ``pilot project site'' 
        means an area of Federal land designated by the Secretary 
        concerned under section 4 as a location in which a pilot 
        project will be carried out.
            (8) Post-disturbance.--The term ``Post-disturbance'' means 
        a period of three years immediately following an 
        uncharacteristic disturbance.
            (9) Rehabilitation plan.--The term ``rehabilitation plan'' 
        means a plan developed under section 5 to address the post-
        disturbance rehabilitation of a pilot project site.
            (10) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                land of the National Forest System described in 
                paragraph (3)(A); and
                    (B) the Secretary of the Interior, with respect to 
                public lands described in paragraph (3)(B).
            (11) Uncharacteristic disturbance.--The term 
        ``uncharacteristic disturbance'' means a relatively discrete 
        event, such as forest fire, insect infestation, or hurricane, 
        that significantly alters the structure, composition, function, 
        or successional trajectory of an ecological system.

SEC. 4. POST-DISTURBANCE REHABILITATION PILOT PROJECTS FOR FEDERAL LAND 
              FOREST COMMUNITIES.

    (a) Establishment.--On the basis of applications submitted by 
Federal land forest communities, the Secretary of Agriculture and the 
Secretary of the Interior may each establish not more than five post-
disturbance rehabilitation pilot projects involving Federal land for 
the purpose of encouraging post-disturbance rehabilitation of the pilot 
project site in a manner that--
            (1) reflects the common ground identified by diverse 
        interests within a Federal land forest community;
            (2) restores the forest ecosystem health and diversity of 
        the pilot project site; and
            (3) will benefit the Federal land forest community.
    (b) Application Process.--Not later than 60 days after the date of 
the enactment of this Act, the Secretary concerned shall develop an 
application process by which Federal land forest communities may seek 
the designation of an area of Federal land as a pilot project site for 
use of the authorities provided by this Act.
    (c) Eligibility Criteria.--An area of Federal land must satisfy at 
least one of the following criteria before the Secretary concerned may 
designate the area as a pilot project site:
            (1) The area is covered by a community wildfire protection 
        plan or a collaborative working group or infrastructure, in 
        existence as of the date of the enactment of this Act.
            (2) Federal lands that are demonstrably at serious risk 
        from the impacts of uncharacteristically intense wildland fire, 
        a severe blow down, or other catastrophic events, such as 
        hurricanes with associated windfall, beyond the range of 
        historic variability.
            (3) The area is in the vicinity of a Federal land forest 
        community or communities that have worked to address forest 
        health across land ownership types.
            (4) The area is adjacent to, or intermingled with, 
        communities, and the area has had an unnatural buildup of fuels 
        due to a long history of fire suppression or has become an 
        unnatural ecosystem due to past management practices.
    (d) Special Consideration for Eligibility for Pilot Projects.--In 
evaluating the application submitted by a Federal land forest community 
for the designation of a pilot project site, the Secretary concerned 
shall give special consideration to the following:
            (1) Documented support for the application from a diversity 
        of interested persons in the community.
            (2) The community has a proven track record of working in a 
        collaborative manner to resolve natural resource issues.
            (3) The community has worked to address forest health 
        issues through comprehensive watershed assessments.
            (4) The community, or entities in the community, are 
        already receiving grants or working with the Secretary of 
        Agriculture through one or more programs under the Cooperative 
        Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.).
    (e) Exclusion of Certain Federal Land.--Notwithstanding subsection 
(c), the following Federal land may not be included within a pilot 
project site:
            (1) Federal land containing old growth forest or late 
        successional forest.
            (2) Federal land on which the removal of vegetation is 
        prohibited, including components of the National Wilderness 
        Preservation System.
            (3) Wilderness Study Areas.
            (4) Inventoried roadless areas.
            (5) Federal land included in a land allocation made by an 
        Act of Congress or the Secretary concerned for the special 
        protection of natural, historical, cultural, recreational, or 
        other public values and regarding which trees located on the 
        land is not scheduled to contribute to the regular timber sale 
        program
    (f) Acreage Limitations.--A pilot project site may not exceed 
10,000 acres. The total acreage encompassed by all pilot project sites 
designated by the Secretary concerned may not exceed 50,000 acres.
    (g) Duration of Designation Authority.--The authority of the 
Secretary concerned to designate pilot project sites expires at the end 
of the three-year period beginning on the date of the enactment of this 
Act. The expiration of such authority shall not affect the use of the 
authorities provided by this Act in pilot project sites designated 
before the end of such period.

SEC. 5. POST-DISTURBANCE REHABILITATION PLAN FOR DESIGNATED FEDERAL 
              LAND FOREST COMMUNITIES.

    (a) Plan Required.--
            (1) Development of plan.--Once an area of Federal land is 
        designated as a pilot project site, the Federal land forest 
        community that applied for the designation of the pilot project 
        site shall develop and submit to the Secretary concerned a plan 
        to address post-disturbance rehabilitation of the pilot project 
        site, whether the uncharacteristic disturbance is caused by a 
        wildfire or nonfire-related uncharacteristic disturbance event.
            (2) Community wildfire protection plan amendment.--If an 
        area of Federal land designated as a pilot project site is 
        already covered by a community wildfire protection plan, the 
        rehabilitation plan may be developed as an amendment to the 
        community wildfire protection plan.
            (3) Addressing non-fire-related disturbance events.--A 
        rehabilitation plan intended to address nonfire-related 
        uncharacteristic disturbance events shall be developed in 
        accordance with the direction provided for community wildfire 
        protection plans pursuant to the Healthy Forest Restoration Act 
        of 2003.
    (b) Technical and Financial Assistance.--The Secretary concerned 
may provide technical and financial assistance to Federal land forest 
communities to assist in their efforts to develop a rehabilitation plan 
or amend a community wildfire protection plan to include a 
rehabilitation plan.
    (c) Contents of Plan.--A rehabilitation plan, whether developed as 
an amendment to a community wildfire protection plan or as a separate 
plan, shall specifically address the following:
            (1) Any anticipated temporary road use or road 
        decommissioning.
            (2) Reducing the standing dead hazardous fuels and surface 
        hazardous fuels to levels described in the existing land 
        management plan or returning the area to a condition class 1 or 
        2 fire regime.
            (3) Measures for protection of fragile soils and 
        rehabilitation of soil integrity.
            (4) Water quality and quantity protection and restoration.
            (5) Wildlife and fish habitat and restoration.
            (6) Management to prevent adverse impacts to soils and 
        wildlife and fish habitat.
            (7) Guidance directing projects to avoid steep slopes and 
        erosion-prone areas.
            (8) Utilization and marketing of material removed to ensure 
        economic benefit to the Federal land forest community.
            (9) Replanting needs, with an emphasis on native 
        vegetation.
    (d) Fire Planning, Grazing, and Tree Removal.--
            (1) Fire planning.--To be considered to adequately address 
        fire planning, post disturbance rehabilitation projects under a 
        rehabilitation plan must conform to the strategic restoration 
        objectives provided by the applicable Fire Management Plan.
            (2) Grazing.--To be considered to adequately address 
        grazing, the rehabilitation plan for a pilot project site must 
        design and adjust allotment management plans (including grazing 
        deferrals) to optimize recovery of a disturbed area.
            (3) Tree removal.--If standing trees are proposed for 
        removal at a pilot project site, the rehabilitation plan for 
        the site shall--
                    (A) focus on small diameter trees and thinning from 
                below;
                    (B) maximize the retention of legacy trees to 
                promote recovery of a natural composition of native 
                plant and wildlife species; and
                    (C) vary treatment intensities, and avoid even-aged 
                management, to ensure forest health
    (e) Expedited Consideration of Rehabilitation Plan and 
Uncharacteristic Disturbance Responses.--
            (1) Response to uncharacteristic disturbance.--After an 
        uncharacteristic disturbance occurs on a pilot project site 
        that is covered by a rehabilitation plan accepted by the 
        Secretary concerned, and at the request of the Federal land 
        forest community that developed the redevelopment plan, the 
        Secretary concerned shall initiate a process under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) for 
        the purpose of deciding what, if any, management activities to 
        take to respond to the uncharacteristic disturbance.
            (2) Scoping; preferred alternative.--Development of a 
        qualifying rehabilitation plan is considered to meet the 
        scoping requirements of the National Environmental Policy Act 
        of 1969. Among those alternatives considered in the process 
        initiated under such Act, the rehabilitation plan shall be 
        proposed (with any necessary refinement) as the preferred 
        alternative.
            (3) Environmental documentation.--To the extent 
        practicable, the Secretary concerned shall make the 
        environmental documentation available to the public--
                    (A) within 60 days after the end of the 
                uncharacteristic disturbance; or
                    (B) in the case of an ongoing uncharacteristic 
                disturbance, such as an insect infestation, as soon as 
                practicable.
            (4) Public comment.--The Secretary concerned shall provide 
        for a period of public comment of not less than--
                    (A) 30 days, in the case of an environmental 
                assessment; and
                    (B) 45 days, in the case of a draft environmental 
                impact statement or final environmental impact 
                statement.
            (5) Record of decision.--The Secretary concerned shall 
        issue a record of decision not later than 30 days after the 
        close of the public comment period.
            (6) Appeal.--To the extent practicable, decisions on 
        appeals should be made within 30 days.
    (f) Independent Monitoring.--In order to have the most effective 
projects within a pilot project site, projects shall have independent 
third-party monitoring (or at the request of the Federal land forest 
community, local level multi-party monitoring) to evaluate the impacts 
of the post-disturbance rehabilitation work. A plan for monitoring 
shall be established at the earliest stages of collaboration and shall 
be incorporated into project design and implementation and shall be 
linked to the participatory research efforts directed in this Act.
    (g) Oversight Committee.--
            (1) Establishment.--The Secretary concerned shall establish 
        a national oversight committee to provide independent 
        scientific and socio-economic monitoring of the pilot projects 
        and activities carried out at the pilot project sites.
            (2) Membership.--The national oversight committee shall be 
        set up under the auspices of the National Academy of Sciences 
        and shall consist of five members who are scientists with 
        expertise in evaluating the biological, ecological, 
        hydrogeological, and socioeconomic components of the pilot 
        projects.
            (3) Accountability.--The oversight committee shall conduct 
        independent scientific and socio-economic monitoring under 
        subsection (f) and submit reports to Congress on the short- and 
        long-term results of the pilot project. Specifically, the 
        reports should evaluate improvements in forest diversity, soil 
        stability, reduction of fire risk, and local economic 
        indicators.
    (h) Reports of Federal Land Forest Community.--The Federal land 
forest community that applied for the designation of an approved pilot 
project site shall submit to the national oversight committee two 
reports regarding the results of the pilot project for that pilot 
project site. An initial report shall be submitted at the halfway point 
of their pilot project and a final report shall be submitted at the end 
of their pilot project.
                                 <all>