[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4200 Referred in Senate (RFS)]


109th CONGRESS
  2d Session
                                H. R. 4200


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2006

  Received; read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 AN ACT


 
    To improve the ability of the Secretary of Agriculture and the 
Secretary of the Interior to promptly implement recovery treatments in 
  response to catastrophic events affecting Federal lands under their 
 jurisdiction, including the removal of dead and damaged trees and the 
implementation of reforestation treatments, to support the recovery of 
non-Federal lands damaged by catastrophic events, to revitalize Forest 
         Service experimental forests, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as ``Forest Emergency 
Recovery and Research Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
       TITLE I--RESPONSE TO CATASTROPHIC EVENTS ON FEDERAL LANDS

Sec. 101. Development of research protocols and use in catastrophic 
                            event research projects.
Sec. 102. Catastrophic event recovery evaluations.
Sec. 103. Compliance with National Environmental Policy Act.
Sec. 104. Availability and use of pre-approved management practices.
Sec. 105. Availability and use of emergency procedures.
Sec. 106. Administrative and judicial review.
Sec. 107. Guidance regarding reforestation in response to catastrophic 
                            events.
Sec. 108. Effect of title.
Sec. 109. Standards for tree retention.
TITLE II--RESTORING LANDSCAPES AND COMMUNITIES IMPACTED BY CATASTROPHIC 
                                 EVENTS

        Subtitle A--Cooperative Forestry Assistance Act of 1978

Sec. 201. Assistance under Cooperative Forestry Assistance Act of 1978 
                            to restore landscapes and communities 
                            affected by catastrophic events.
           Subtitle B--Department of the Interior Assistance

Sec. 211. Restoring landscapes.
Sec. 212. Restoring communities.
                    TITLE III--EXPERIMENTAL FORESTS

Sec. 301. Findings.
Sec. 302. Availability and use of pre-approved management practices on 
                            National Forest experimental forests.
Sec. 303. Limited consideration of alternatives for projects on 
                            National Forest experimental forests.
                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Regulations.
Sec. 402. Dedicated source of funds for research and monitoring.
Sec. 403. Other funding sources.
Sec. 404. Effect of declaration of major disaster or emergency.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The number and severity of catastrophic events causing 
        resource damage to Federal land has significantly increased 
        over the last 20 years, and such catastrophic events also 
        create serious adverse environmental, social, and economic 
        consequences for Federal land and adjacent non-Federal land and 
        communities.
            (2) Catastrophic events often devastate forest or rangeland 
        ecosystems and eliminate sources of seed for desired tree and 
        plant species, which--
                    (A) delays or even precludes the reestablishment of 
                appropriate forest or plant cover on millions of acres 
                of Federal land;
                    (B) increases the susceptibility of the damaged 
                land to wildfire and noxious or harmful species and 
                reduces the economic value of the damaged land's 
                resources;
                    (C) increases the susceptibility of adjacent 
                undamaged land to insect infestations, disease, and 
                noxious weeds;
                    (D) pollutes municipal water supplies and damages 
                water delivery infrastructure;
                    (E) exacerbates sediment production that adversely 
                impacts native fish habitat and soil productivity;
                    (F) results in unsafe campgrounds, trails, roads, 
                and other infrastructure; and
                    (G) adversely impacts the sustainability of 
                ecosystems and the well-being of adjacent communities.
            (3) Program authorities and funding mechanisms currently 
        available to the Secretary of Agriculture and the Secretary of 
        the Interior to respond to catastrophic events on forested 
        Federal land do not provide for consistent and timely response 
        activities.
            (4) The Council on Environmental Quality has approved on an 
        infrequent basis the use of alternative arrangements to respond 
        to catastrophic events on forested Federal land, but, when used 
        in the past, such alternative arrangements have encouraged 
        expedited and successful recovery outcomes.
            (5) A prompt and standardized management response to a 
        catastrophic event, which is also adaptive to the unique 
        characteristics of each catastrophic event, is needed--
                    (A) to effectively recover the area damaged by the 
                catastrophic event,
                    (B) to minimize the impact on the resources of the 
                area and adjacent communities adversely affected by the 
                catastrophic event; and
                    (C) to recover damaged, but still merchantable, 
                material before it loses its economic value.
            (6) Reforestation treatments on forested Federal land after 
        a catastrophic event helps to restore appropriate forest cover, 
        which provides multiple renewable resource benefits, 
        including--
                    (A) protecting soil and water resources;
                    (B) providing habitat for wildlife and fish;
                    (C) contributing to aesthetics and enhancing the 
                recreational experience for visitors;
                    (D) providing a future source of timber for 
                domestic use; and
                    (E) ensuring the health and resiliency of affected 
                ecosystems for present and future generations.
            (7) According to the Comptroller General, the reforestation 
        backlog for Federal land has increased since 2000 as a result 
        of natural disturbances, such as wildland fires, insect 
        infestations, and diseases.
            (8) Additional scientific and monitoring information is 
        needed regarding the effectiveness of recovery treatments to 
        improve subsequent recovery proposals in response to future 
        catastrophic events.
            (9) State, tribal, and local governments, local 
        communities, and other entities play a critical role in 
        restoring landscapes damaged by a catastrophic event and in 
        reducing the risks associated with the catastrophic event.
            (10) Greater resources and adaptive arrangements must be 
        made available to land managers to facilitate the prompt 
        implementation of recovery treatments, including reforestation, 
        following catastrophic events.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Burned area emergency response.--The term ``burned area 
        emergency response'' means the process used by the Secretary 
        concerned to plan and implement emergency stabilization actions 
        on Federal land in response to a catastrophic event in order to 
        minimize threats to life or property or to stabilize and 
        prevent unacceptable degradation to natural and cultural 
        resources resulting from the effects of the catastrophic event.
            (2) Catastrophic event.--The term ``catastrophic event'' 
        means any natural disaster or any fire, flood, or explosion, 
        regardless of cause, that the Secretary concerned determines 
        has caused or will cause damage of significant severity and 
        magnitude to Federal land or, in the case of title II, non-
        Federal land. A natural disaster may include a hurricane, 
        tornado, windstorm, snow or ice storm, rain storm, high water, 
        wind-driven water, tidal wave, earthquake, volcanic eruption, 
        landslide, mudslide, drought, or insect or disease outbreak.
            (3) Catastrophic event recovery.--The term ``catastrophic 
        event recovery'', with respect to an area of Federal land 
        damaged by a catastrophic event, means--
                    (A) if the catastrophic event involved fire, the 
                rehabilitation and restoration activities (other than 
                any emergency stabilization treatments undertaken as 
                part of the burned area emergency response) that are 
                undertaken on the damaged Federal land, including any 
                infrastructure or facilities thereon, in response to 
                the catastrophic event;
                    (B) if the catastrophic event did not involve fire, 
                the emergency stabilization and rehabilitation and 
                restoration activities that are undertaken on the 
                damaged Federal land, including infrastructure or 
                facilities thereon, in response to the catastrophic 
                event; or
                    (C) the reforestation or revegetation, consistent 
                with the applicable land and resource management plan, 
                of the damaged Federal land in response to the 
                catastrophic event using, to the extent practicable and 
                preferable, native or beneficial plants to avoid 
                creation of plantation forests and the recovery of 
                trees on the damaged Federal land, through the use of 
                timber harvesting and other appropriate methods of 
                forest regeneration.
            (4) Catastrophic event recovery evaluation.--The term 
        ``catastrophic event recovery evaluation'', with respect to an 
        area of Federal land damaged by a catastrophic event, means an 
        evaluation of the damaged Federal land that is conducted in 
        accordance with section 102.
            (5) Catastrophic event recovery proposal.--The term 
        ``catastrophic event recovery proposal'' means the list and 
        brief description of catastrophic event recovery projects, 
        catastrophic event research projects, and pre-approved 
        management practices that are--
                    (A) identified as part of the catastrophic event 
                recovery evaluation of an area of Federal land damaged 
                by a catastrophic event; and
                    (B) proposed to be undertaken to facilitate the 
                catastrophic event recovery of the area or evaluate the 
                effects and effectiveness of such recovery efforts.
            (6) Catastrophic event recovery project.--The term 
        ``catastrophic event recovery project'' means an individual 
        activity or a series of activities identified in a catastrophic 
        event recovery proposal for an area of Federal land damaged by 
        a catastrophic event and proposed to be undertaken in response 
        to the catastrophic event to promote catastrophic event 
        recovery.
            (7) Catastrophic event research project.--The term 
        ``catastrophic event research project'' means a scientifically 
        designed study of the effects and effectiveness of--
                    (A) any catastrophic event recovery projects 
                undertaken in an area of land damaged by a catastrophic 
                event; and
                    (B) any emergency stabilization treatments 
                undertaken as part of a burned area emergency response 
                in the area of land damaged by a catastrophic event.
            (8) 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)).
            (9) Eligible entity.--The term ``eligible entity'', for 
        purposes of providing assistance under subtitle B of title II, 
        means a State Forester or equivalent State official, an Indian 
        tribe, local government, community-based organization, or other 
        person.
            (10) Federal land.--The term ``Federal land'' means land in 
        the National Forest System and public lands. The term does not 
        include any land contained in a component of the National 
        Wilderness Preservation System or designated as a national 
        monument.
            (11) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (12) Land and resource management plan.--The term ``land 
        and resource management plan'' means--
                    (A) a land and resource management plan developed 
                for a unit of the National Forest System under section 
                6 of the Forest and Rangeland Renewable Resources 
                Planning Act of 1974 (16 U.S.C. 1604); or
                    (B) a land use plan developed for an area of the 
                public lands under section 202 of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1712).
            (13) Land-grant colleges and universities.--The term 
        ``land-grant colleges and universities'' has the meaning given 
        that term in section 1404(11) of the National Agricultural 
        Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 
        3103(11)).
            (14) Landscape assessment.--The term ``landscape 
        assessment'' means an assessment describing catastrophic event 
        conditions and recovery needs and opportunities on non-Federal 
        land affected by a catastrophic event and including a list of 
        proposed special recovery projects to address those needs and 
        opportunities.
            (15) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)).
            (16) Pre-approved management practice.--The term ``pre-
        approved management practice'' means a management practice 
        identified by the Secretary concerned under section 104(a) that 
        may be immediately implemented as part of a catastrophic event 
        recovery project or catastrophic event research project to 
        facilitate the catastrophic event recovery of an area of 
        Federal land damaged by a catastrophic event.
            (17) Public lands.--The term ``public lands'' has the 
        meaning given that term in section 103(e) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
            (18) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior, with respect to 
                public lands.
            (19) Special recovery project.--The term ``special recovery 
        project'' means an individual activity or a series of 
        activities proposed to be undertaken to rehabilitate, repair, 
        and restore non-Federal land damaged by a catastrophic event, 
        community infrastructure and facilities on the land, and 
        economic, social, and cultural conditions affected by the 
        catastrophic event.

       TITLE I--RESPONSE TO CATASTROPHIC EVENTS ON FEDERAL LANDS

SEC. 101. DEVELOPMENT OF RESEARCH PROTOCOLS AND USE IN CATASTROPHIC 
              EVENT RESEARCH PROJECTS.

    (a) Development of Protocols; Purpose.--For the purpose of 
conducting and evaluating the effectiveness and effects of a 
catastrophic event recovery project and of emergency stabilization 
treatments undertaken as part of a burned area emergency response, the 
Secretary concerned shall develop research protocols consisting of--
            (1) a research approach that is specifically designed to 
        improve knowledge, understanding, and predictive capabilities--
                    (A) to increase the long-term benefits of 
                management activities, including natural and artificial 
                regeneration of vegetation; and
                    (B) to decrease the short-term impacts of such 
                management activities;
            (2) an appropriate and scientifically sound experimental 
        design or set of sampling procedures; and
            (3) accompanying methods of data analysis and 
        interpretation.
    (b) Peer Review.--The research protocols developed under subsection 
(a), and any subsequent modification thereof, shall be subject to peer 
review, including independent, third-party peer review, by scientific 
and land management experts.
    (c) Time for Completion; Modification.--The research protocols 
required by this section shall be submitted to Congress not later than 
180 days after the date of the enactment of this Act. The Secretary 
concerned may modify the research protocols, as the Secretary 
determines necessary, after their submission to Congress. The Secretary 
concerned shall notify Congress regarding any such modification.
    (d) Catastrophic Event Research Projects.--In accordance with the 
research protocols developed under this section, the Secretary 
concerned may conduct one or more catastrophic event research projects 
in an area of land damaged by a catastrophic event. The Secretary may 
develop a proposed catastrophic event research project as part of a 
catastrophic event recovery proposal or develop a catastrophic event 
research project independently of the catastrophic event recovery 
proposal during the catastrophic event recovery in response to changing 
conditions in the area damaged by the catastrophic event.
    (e) Public Access.--
            (1) Protocols.--The Secretary concerned shall make the 
        research protocols developed under subsection (a), including 
        any modification thereof, publicly available, in a form 
        determined to be appropriate by the Secretary.
            (2) Research results.--After completion of the peer review 
        required by subsection (b), the Secretary concerned shall make 
        the results of catastrophic event research projects publicly 
        available, in a form determined to be appropriate by the 
        Secretary.
    (f) Forest Health Partnerships.--In developing and using the 
research protocols required by this section, the Secretary concerned 
shall enter into cooperative agreements with land-grant colleges and 
universities and other institutions of higher education to form forest 
health partnerships, including regional institutes, to utilize their 
education, research, and outreach capacity to address the catastrophic 
event recovery of forested land. A forest health partnership may be 
aligned with the current network of Cooperative Ecosystem Studies 
Units.

SEC. 102. CATASTROPHIC EVENT RECOVERY EVALUATIONS.

    (a) Commencement.--
            (1) Evaluation required.--In response to a catastrophic 
        event affecting 1,000 or more acres of Federal land, the 
        Secretary concerned shall conduct a catastrophic event recovery 
        evaluation of the damaged Federal land.
            (2) Evaluation authorized.--If a catastrophic event affects 
        more than 250 acres of Federal land, but less than 1,000 acres, 
        the Secretary concerned is authorized, but not required, to 
        conduct a catastrophic event recovery evaluation of the damaged 
        Federal land.
    (b) Time for Commencement.--
            (1) When evaluation required.--When a catastrophic event 
        recovery evaluation is required under subsection (a)(1), the 
        Secretary concerned shall commence the catastrophic event 
        recovery evaluation for the Federal land damaged by the 
        catastrophic event--
                    (A) as soon as practicable during or after the 
                conclusion of the catastrophic event to facilitate 
                prompt decision-making with regard to the catastrophic 
                event recovery of the damaged Federal land; but
                    (B) in no event later than 30 days after the 
                conclusion of the catastrophic event.
            (2) When evaluation discretionary.--When a catastrophic 
        event recovery evaluation is simply discretionary under 
        subsection (a)(2), the Secretary concerned shall make a final 
        decision whether to commence a catastrophic event recovery 
        evaluation for the Federal land damaged by the catastrophic 
        event, and, if the final decision is to commence a catastrophic 
        event recovery evaluation, actually commence the evaluation--
                    (A) as soon as practicable during or after the 
                conclusion of the catastrophic event to facilitate 
                prompt decision-making with regard to the catastrophic 
                event recovery of the damaged Federal land; but
                    (B) in no event later than 30 days after the 
                conclusion of the catastrophic event.
    (c) Completion.--
            (1) Time for completion.--To facilitate prompt 
        implementation of catastrophic event recovery projects on 
        Federal land damaged by a catastrophic event when a 
        catastrophic event recovery evaluation is undertaken under 
        subsection (a), whether because the evaluation is required 
        under paragraph (1) of such subsection or because the Secretary 
        concerned makes a decision to conduct an evaluation under 
        paragraph (2) of such subsection, the Secretary concerned shall 
        complete the catastrophic event recovery evaluation for the 
        damaged Federal land not later than 30 days after the date on 
        which Secretary commenced the catastrophic event recovery 
        evaluation.
            (2) Extension.--The Secretary concerned may extend the 
        completion date for a catastrophic event recovery evaluation, 
        on a case-by-case basis, when the Secretary concerned 
        determines that additional time is necessary to evaluate a 
        complex catastrophic event, an on-going catastrophic event, or 
        a series of catastrophic events. Only a single extension may be 
        provided for any catastrophic event recovery evaluation, and 
        the extension shall not be longer than 60 days after the date 
        on which the evaluation was otherwise required to be completed 
        under paragraph (1).
    (d) Elements of Catastrophic Event Evaluation.--In conducting the 
catastrophic event recovery evaluation for an area of Federal land 
damaged by a catastrophic event, the Secretary concerned shall prepare 
the following:
            (1) A description of catastrophic event conditions on the 
        damaged Federal land, recovery needs and opportunities, and the 
        areas where management intervention would be helpful to achieve 
        the catastrophic event recovery of the damaged Federal land.
            (2) A preliminary determination of any catastrophic event 
        research projects that best fit the circumstances of the 
        particular catastrophic event environment or would enhance 
        scientific understanding relevant to the damaged area.
            (3) A catastrophic event recovery proposal containing 
        possible catastrophic event recovery projects and catastrophic 
        event research projects for the damaged area and describing the 
        anticipated size and scope of these projects.
            (4) One or more maps detailing the area of damaged Federal 
        land and the location of catastrophic event recovery proposals.
            (5) A preliminary estimate of the funding that would be 
        needed to complete the catastrophic event recovery projects and 
        catastrophic event research projects contained in the 
        catastrophic event recovery proposal.
            (6) A preliminary estimate of the receipts, including 
        receipts from biomass and other forest products, to be derived 
        from the catastrophic event recovery projects and catastrophic 
        event research projects contained in the catastrophic event 
        recovery proposal, and, to the maximum extent practicable, an 
        estimate of revenues likely to be lost if action is not taken 
        in a timely manner.
            (7) A preliminary schedule showing the timing of possible 
        catastrophic event recovery projects and catastrophic event 
        research projects by fiscal year, assuming funding is available 
        to undertake the projects.
    (e) Use of Pre-Approved Management Practices or Emergency 
Procedures.--
            (1) Determination.--In addition to complying with the 
        requirements specified in subsection (d) for each catastrophic 
        event recovery evaluation, the Secretary concerned shall make a 
        determination of--
                    (A) whether or not any pre-approved management 
                practices should be immediately implemented under 
                section 104 to facilitate the catastrophic event 
                recovery of the area covered by the catastrophic event 
                recovery evaluation; and
                    (B) whether or not any catastrophic event recovery 
                project or catastrophic event research project, or 
                portion of such a project, contained in the 
                catastrophic event recovery proposal should be 
                developed and carried out using the emergency 
                procedures authorized by section 105.
            (2) Factors.--In making any determination under paragraph 
        (1)(B) to develop and carry out a catastrophic event recovery 
        project or catastrophic event research project, or portion of 
        such a project, using emergency procedures under section 105, 
        the Secretary concerned shall consider at a minimum the 
        following:
                    (A) The necessity of promptly responding to the 
                catastrophic event on the damaged Federal land.
                    (B) The recovery needs and opportunities identified 
                under subsection (d)(1) with respect to the damaged 
                Federal land.
                    (C) The lack of pre-approved management practices 
                authorized by section 104 applicable to the damaged 
                Federal land.
                    (D) The threat to public health and safety.
                    (E) The likelihood of substantial loss of adjacent 
                private and public property or other substantial 
                economic losses.
            (3) CEQ notification.--The Secretary concerned shall make 
        the determination under paragraph (1) after notification of the 
        Council on Environmental Quality, but the determination remains 
        in the sole discretion of the Secretary.
    (f) Interdisciplinary Approach.--To conduct the catastrophic event 
recovery evaluation of an area of Federal land damaged by a 
catastrophic event, the Secretary concerned shall use a systematic, 
interdisciplinary approach that insures the integrated use of 
appropriate natural and social sciences.
    (g) Coordination With Other Activities.--
            (1) Related assessment of non-federal land.--The Secretary 
        concerned may combine the preparation of a catastrophic event 
        recovery evaluation of Federal land with the preparation of a 
        landscape assessment for non-Federal land in the vicinity of 
        the damaged Federal land prepared under subtitle B of title II 
        or subsection (c) of section 10A of the Cooperative Forestry 
        Assistance Act of 1978 (16 U.S.C. 2106c), as added by section 
        201.
            (2) Related community wildfire protection plans.--During 
        preparation of a catastrophic event recovery evaluation for an 
        area of Federal land damaged by a catastrophic event involving 
        wildfire, the Secretary concerned shall consider post-fire 
        management recommendations, if any, contained in any community 
        wildfire protection plan addressing the damaged Federal land.
    (h) Public Collaboration.--To encourage meaningful participation 
during the preparation of catastrophic event recovery projects, the 
Secretary concerned shall facilitate collaboration among State and 
local governments, Indian tribes, land-grant colleges and universities, 
and interested persons during the preparation of catastrophic event 
recovery evaluations and catastrophic event recovery proposals.
    (i) Public Notice.--
            (1) Notice of evaluation.--The Secretary concerned shall 
        provide public notice of each catastrophic event recovery 
        evaluation, including the catastrophic event recovery proposal 
        prepared as part of the evaluation. The notice shall be 
        provided in a form determined to be appropriate by the 
        Secretary concerned.
            (2) Notice of public meetings.--The Secretary concerned 
        shall provide notice of public meetings conducted in connection 
        with a catastrophic event recovery evaluation and the 
        availability of preliminary analyses or documents prepared as 
        part of the evaluation. The notice shall be provided at such 
        times and in such a manner as the Secretary concerned considers 
        appropriate.

SEC. 103. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT.

    (a) Compliance Required.--Except as provided in subsection (b), the 
Secretary concerned shall comply with the National Environmental Policy 
Act of 1969 (42 U.S.C. 4331 et seq.), its implementing regulations, and 
other applicable laws in designing and conducting catastrophic event 
recovery projects and catastrophic event research projects.
    (b) Satisfaction of NEPA Requirements.--The following activities 
are deemed to satisfy the requirements of section 102 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332 et seq.) and its 
implementing regulations:
            (1) The preparation of the list of pre-approved management 
        practices under section 104.
            (2) The use of pre-approved management practices on the 
        list in the manner provided in section 104.
            (3) The use of emergency procedures in the manner provided 
        in section 105.

SEC. 104. AVAILABILITY AND USE OF PRE-APPROVED MANAGEMENT PRACTICES.

    (a) List of Available Pre-Approved Management Practices.--The 
Secretary concerned shall prepare a list of management practices, by 
forest type or plant association group, that may be immediately 
implemented as part of a catastrophic event recovery project or 
catastrophic event research project to facilitate the catastrophic 
event recovery of an area of Federal land damaged by a catastrophic 
event. The list of pre-approved management practices shall be prepared 
using notice and comment rule making under section 553 of title 5, 
United States Code.
    (b) Peer Review.--Before a management practice may be included on 
the list of pre-approved management practices, the management practice 
shall be subject to peer review, including independent, third-party 
peer review, by scientific and land management experts. The results of 
the peer review shall be available to the public during the comment 
period.
    (c) Revision or Amendment of List.--The Secretary concerned may 
amend or revise the list of pre-approved management practices as 
necessary whenever new scientific and managerial information becomes 
available. Subsections (a) and (b) shall apply to the amendment or 
revision process.
    (d) Use for Certain Activities Prohibited.--
            (1) Road construction.--A pre-approved management practice 
        may not authorize any permanent road building. Any temporary 
        road constructed as part of a pre-approved management practice 
        shall be obliterated upon conclusion of the practice and the 
        road area restored to the extent practicable.
            (2) Timber harvesting.--Timber harvesting carried out as 
        part of a pre-approved management practice shall be limited to 
        trees--
                    (A) that are already down, dead, broken, or 
                severely root sprung;
                    (B) regarding which mortality is highly probable 
                within five years after the end of the catastrophic 
                event; or
                    (C) that are required to be removed for worker or 
                public safety.
    (e) Compliance With Other Laws.--
            (1) ESA consultation.--In the case of the proposed use of a 
        pre-approved management practice included on the list prepared 
        under subsection (a), the Secretary concerned may use the 
        emergency procedures described in section 402.05 of title 50, 
        Code of Federal Regulations, to comply with section 7 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1536). At the 
        conclusion of the consultation, the statement required by 
        subsection (b)(4) of such section shall be issued for any 
        incidental taking that may occur while using the pre-approved 
        management practice, which shall be effective beginning on the 
        date the Secretary concerned initiates the practice and shall 
        apply to all persons assisting or cooperating with the 
        Secretary in using the practice.
            (2) Other required consultation.--Any consultation required 
        under other laws, such as the National Historic Preservation 
        Act (16 U.S.C. 470 et seq.), may proceed simultaneously with 
        the implementation of a pre-approved management practice. 
        Results of consultation shall be immediately incorporated into 
        the practice, to the extent feasible, practical, and consistent 
        with the response, recovery, and rehabilitation objectives of 
        the project.
            (3) Federal water pollution control act compliance.--
        Compliance with any applicable requirements of the Federal 
        Water Pollution Control Act (33 U.S.C. 1251 et seq.) may 
        proceed simultaneously with the implementation of a pre-
        approved management practice.
    (f) Issuance of Decision Document.--Not later than 30 days after 
the date on which the Secretary concerned makes the determination under 
section 102(e) to use a pre-approved management practice to facilitate 
the catastrophic event recovery of an area of Federal land damaged by a 
catastrophic event, the Secretary concerned shall issue a concise 
decision document that contains the following:
            (1) A description of the pre-approved management practice 
        to be implemented.
            (2) The rationale for the agency decision.
            (3) An economic analysis and justification.
            (4) An analysis of the environmental effects of the pre-
        approved management practice and how such effects will be 
        minimized or mitigated consistent with the applicable land and 
        resource management plan. As part of this analysis, the 
        Secretary concerned shall consider, to the extent the Secretary 
        concerned determines appropriate, forest type or plant 
        association group, standing- and down-dead wood, watershed, 
        water quality, wildlife habitat, and soils applicable to the 
        damaged Federal land.
    (g) Immediate Implementation.--The Secretary concerned shall 
implement a pre-approved management practice immediately after the 
issuance of the decision document under subsection (f), subject only to 
the availability of funds for the practice.
    (h) Monitoring.--To monitor the implementation of a pre-approved 
management practice, the Secretary concerned may establish a third-
party monitoring group, as determined to be appropriate by the 
Secretary.

SEC. 105. AVAILABILITY AND USE OF EMERGENCY PROCEDURES.

    (a) Limited Consideration of Alternatives.--If the Secretary 
concerned determines under section 102(e) to utilize emergency 
procedures to conduct a catastrophic event recovery project or 
catastrophic event research project, or portion of such a project, the 
Secretary concerned is not required to study, develop, or describe more 
than the proposed agency action and the alternative of no action in 
designing that project or the portion of the project for which the 
emergency procedures are utilized.
    (b) Use for Certain Activities Prohibited.--
            (1) Road construction.--Emergency procedures under this 
        section may not be used to design or conduct a catastrophic 
        event recovery project or catastrophic event research project, 
        or portion of such a project, that provides for any permanent 
        road building. Any temporary road constructed as part of the 
        project shall be obliterated upon completion of the project and 
        the road area restored to the extent practicable.
            (2) Timber harvesting.--Timber harvesting carried out as 
        part of a catastrophic event recovery project or catastrophic 
        event research project, or portion of such a project, for which 
        emergency procedures under this section were used shall be 
        limited to trees--
                    (A) that are already down, dead, broken, or 
                severely root sprung;
                    (B) regarding which mortality is highly probable 
                within five years after the end of the catastrophic 
                event; or
                    (C) that are required to be removed for worker or 
                public safety.
    (c) Compliance With Other Laws.--
            (1) ESA consultation.--In the case of a catastrophic event 
        recovery project or catastrophic event research project, or 
        portion of such a project, for which emergency procedures under 
        this section are used, the Secretary concerned may use the 
        procedures described in section 402.05 of title 50, Code of 
        Federal Regulations, to comply with section 7 of the Endangered 
        Species Act of 1973 (16 U.S.C. 1536). At the conclusion of the 
        consultation, the statement required by subsection (b)(4) of 
        such section shall be issued for any incidental taking that may 
        occur under the project, which shall be effective beginning on 
        the date the Secretary concerned initiates action under the 
        project and shall apply to all persons assisting or cooperating 
        with the Secretary under the project.
            (2) Other required consultation.--Any consultation required 
        under other laws, such as the National Historic Preservation 
        Act (16 U.S.C. 470 et seq.), may proceed simultaneously with 
        the design of a catastrophic event recovery project or 
        catastrophic event research project, or portion of such a 
        project, for which emergency procedures under this section are 
        used. Results of consultation shall be immediately incorporated 
        into the project, to the extent feasible, practical, and 
        consistent with the response, recovery, and rehabilitation 
        objectives of the project.
            (3) Federal water pollution control act compliance.--
        Compliance with any applicable requirements of the Federal 
        Water Pollution Control Act (33 U.S.C. 1251 et seq.) may 
        proceed simultaneously with the design of a catastrophic event 
        recovery project or catastrophic event research project, or 
        portion of such a project, for which emergency procedures under 
        this section are used.
    (d) Completion of Emergency Procedures and Issuance of Decision 
Document.--Not later than 90 days after the date on which the Secretary 
concerned makes the determination under section 102(e) to develop and 
carry out a catastrophic event recovery project or catastrophic event 
research project, or portion of such a project, using emergency 
procedures, the Secretary concerned shall--
            (1) complete the emergency procedures for that catastrophic 
        event recovery project or catastrophic event research project, 
        or portion thereof, under this section; and
            (2) issue a concise decision document that contains the 
        following:
                    (A) The rationale for the agency decision.
                    (B) An economic analysis and justification.
                    (C) An analysis of the environmental effects of the 
                project and how such effects will be minimized or 
                mitigated consistent with the applicable land and 
                resource management plan. As part of this analysis, the 
                Secretary concerned shall consider, to the extent the 
                Secretary concerned determines appropriate, forest type 
                or plant association group, standing- and down-dead 
                wood, watershed, water quality, wildlife habitat, and 
                soils applicable to the damaged Federal land.
    (e) Immediate Implementation.--In the case of a catastrophic event 
recovery project or catastrophic event research project, or portion of 
such a project, for which the emergency procedures authorized by this 
section are used, the Secretary concerned shall implement the project, 
or portion of the project, immediately after the issuance of the 
decision document under subsection (d), subject only to the 
availability of funds for the project.
    (f) Monitoring.--To monitor a catastrophic event recovery project 
or catastrophic event research project, or portion of such a project, 
for which the emergency procedures authorized by this section were 
used, the Secretary concerned may establish a third-party monitoring 
group, as determined to be appropriate by the Secretary.

SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Administrative Review Generally.--Except as provided in 
subsection (b), nothing in this title affects--
            (1) the notice, comment, and appeal requirements of section 
        322 of the Department of the Interior and Related Agencies 
        Appropriations Act, 1993 (Public 102-381; 16 U.S.C. 1612 note); 
        and
            (2) section 215 of title 36, Code of Federal Regulations.
    (b) Predecisional Administrative Notice, Comment, and Review.--
            (1) Interim final regulations.--Not later than 60 days 
        after the date of the enactment of this Act, the Secretary of 
        Agriculture shall promulgate interim final regulations to 
        establish a predecisional administrative review process that 
        will serve as the sole means by which--
                    (A) the Secretary of Agriculture will provide 
                notice of and solicit comments regarding--
                            (i) the proposed use of a pre-approved 
                        management practice under section 104 on 
                        National Forest System land; and
                            (ii) a catastrophic event recovery project 
                        or catastrophic event research project, or 
                        portion of such a project, for which the 
                        emergency procedures under section 105 are used 
                        on National Forest System land; and
                    (B) a person can seek administrative review 
                regarding--
                            (i) the proposed use of a pre-approved 
                        management practice under section 104 on 
                        National Forest System land; and
                            (ii) a catastrophic event recovery project 
                        or catastrophic event research project, or 
                        portion of such a project, for which the 
                        emergency procedures under section 105 are used 
                        on National Forest System land.
            (2) Period covered by review process.--The review portion 
        of the predecisional administrative review process described in 
        paragraph (1)(B) shall occur during the period--
                    (A) beginning on the date on which the Secretary of 
                Agriculture makes a determination to use pre-approved 
                management practices or emergency procedures under 
                section 102(e); and
                    (B) ending not later than the date of the issuance 
                of applicable decision document under section 104 or 
                105.
            (3) Effective date.--The interim final regulations 
        promulgated under paragraph (1) shall take effect on the date 
        of promulgation of the regulations.
            (4) Final regulations.--The Secretary of Agriculture shall 
        promulgate final regulations to establish the predecisional 
        administrative review process described in paragraph (1) as 
        soon as practicable after the interim final regulations have 
        been promulgated and a reasonable period of time has been 
        provided for public comment.
    (c) Judicial Review.--Section 106 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6516) shall apply with respect to 
the implementation of a pre-approved management practice under section 
104 or a catastrophic event recovery project or catastrophic event 
research project regarding which the applicable administrative review 
process has been exhausted. In any proceeding for judicial review of 
agency action under this subsection, attorney fees awarded to a 
prevailing party may not exceed the hourly rates established in section 
3006A of title 18, United States Code.

SEC. 107. GUIDANCE REGARDING REFORESTATION IN RESPONSE TO CATASTROPHIC 
              EVENTS.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary concerned shall--
            (1) standardize the collection, reporting, and review 
        procedures for data regarding more aggressive, expedited, and 
        comprehensive reforestation in response to catastrophic events 
        by clarifying agency-wide guidance and developing standard 
        protocols for determining when and how reforestation can be 
        best achieved as part of the response to catastrophic events;
            (2) clarify agency-wide guidance regarding reforestation in 
        response to catastrophic events to ensure that such guidance is 
        consistent with agency goals and budget constraints; and
            (3) clarify agency-wide guidance regarding the development, 
        during the revision of a land and resource management plan, of 
        goals and objectives for catastrophic event recovery to ensure 
        that such guidance addresses catastrophic event recovery 
        objectives, by forest type or plant association group, related 
        to standing- and down-dead wood, soil and watershed protection, 
        wildlife habitat, and other resource values.

SEC. 108. EFFECT OF TITLE.

    (a) Use of Other Authorities.--Nothing in this title affects the 
use by the Secretary concerned of other statutory or administrative 
authority, including categorical exclusions adopted to implement the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), to 
conduct a catastrophic event recovery project or catastrophic event 
research project, or portion of such a project, that is not conducted 
using the emergency procedures authorized by section 105.
    (b) Preference for Local Operators.--In the manner provided in 
section 420 of the Department of the Interior, Environment, and Related 
Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat. 553), 
the Secretary concerned may give consideration to local contractors in 
awarding a Federal contract to implement--
            (1) a pre-approved management practice under section 104; 
        or
            (2) a catastrophic event recovery project or catastrophic 
        event research project, or portions of such a project, for 
        which the emergency procedures under section 105 are used.
    (c) Advisory Committees.--The Federal Advisory Committee Act (5 
U.S.C. App.) and title XVIII of the Food and Agriculture Act of 1977 (7 
U.S.C. 2281 et seq.) shall not apply to--
            (1) the peer review provided by scientific and land 
        management experts under section 101(b) or 104(b);
            (2) the monitoring process under section 104(h) or 105(f); 
        and
            (3) the preparation of a catastrophic event recovery 
        evaluation or catastrophic event recovery proposal.

SEC. 109. STANDARDS FOR TREE RETENTION.

    (a) Standing Dead Trees and Downed Wood.--In planning or conducting 
any catastrophic event recovery project or catastrophic event research 
project, the Secretary concerned shall ensure that--
            (1) standing dead tree and downed wood retention guidelines 
        contained in the applicable land and resource management plan 
        are applied; or
            (2) if the applicable land and resource management plan 
        does not contain standing dead tree and downed wood retention 
        guidelines, adequate standing dead trees and downed wood of the 
        oldest age class are retained in the project area--
                    (A) to provide habitat for associated species 
                through various stages of forest development;
                    (B) to provide a long-term nutrient source; and
                    (C) to retain, to the extent practicable and 
                appropriate for forest type and plant association 
                group, the more decay-resistant species.
    (b) Exception.--Subsection (a) shall not apply if the Secretary 
concerned determines that science from land-grant colleges and 
universities or a Forest Service Research Station provides more 
appropriate standing dead tree and downed wood retention guidelines for 
a particular catastrophic event recovery project or catastrophic event 
research project.
    (c) Plan Amendment.--The Secretary concerned may amend a land and 
resource management plan to incorporate standing dead tree and downed 
wood retention guidelines, specific to forest type or plant association 
group.

TITLE II--RESTORING LANDSCAPES AND COMMUNITIES IMPACTED BY CATASTROPHIC 
                                 EVENTS

        Subtitle A--Cooperative Forestry Assistance Act of 1978

SEC. 201. ASSISTANCE UNDER COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 
              TO RESTORE LANDSCAPES AND COMMUNITIES AFFECTED BY 
              CATASTROPHIC EVENTS.

    (a) Assistance Authorized.--Section 10A of the Cooperative Forestry 
Assistance Act of 1978 (16 U.S.C. 2106c) is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Response to Catastrophic Events Affecting Non-Federal 
Lands.--
            ``(1) Landscape assessments.--At the request of an eligible 
        entity, the Secretary may cooperate with the eligible entity in 
        the preparation of a landscape assessment for non-Federal lands 
        affected by a catastrophic event. The Secretary may combine the 
        preparation of a landscape assessment with the preparation of a 
        catastrophic event recovery evaluation under title I of the 
        Forest Emergency Recovery and Research Act regarding Federal 
        land in the vicinity of the damaged non-Federal land.
            ``(2) Community assessments.--At the request of an eligible 
        entity affected by a catastrophic event, the Secretary may 
        cooperate with the eligible entity in the preparation of a 
        community wildfire protection plan or related plan.
            ``(3) Decision to provide assessment assistance.--In 
        response to the request of an eligible entity for assistance 
        under paragraph (1) or (2), the Secretary shall make a 
        decision, within 30 days after receiving the request, whether 
        or not to provide such assistance. The decision rests in the 
        sole discretion of the Secretary, but, if the Secretary rejects 
        the request for assistance, the Secretary shall provide the 
        eligible entity with an explanation of the reasons for the 
        rejection.
            ``(4) Types of assistance.--The Secretary concerned may 
        provide technical and financial cost-share assistance to an 
        eligible entity--
                    ``(A) to assist in the preparation of a landscape 
                assessment under paragraph (1) or a community wildfire 
                protection plan, community assessment, or community 
                action plan under paragraph (2); and
                    ``(B) to implement special recovery projects 
                identified in the landscape assessment or community 
                wildfire protection plan, community assessment, or 
                community action plan.
            ``(5) Special recovery projects.--Special recovery projects 
        supported under paragraph (4)(B) may include projects 
        involving--
                    ``(A) revegetation, tree planting, and other 
                management practices the Secretary determines to be 
                appropriate;
                    ``(B) developing products from and markets for 
                timber harvested in response to a catastrophic event 
                and remaining forest resources;
                    ``(C) training for the local populace for work in 
                connection with catastrophic event recovery;
                    ``(D) repair of forest roads, bridges, and trails 
                and water supply areas affected by a catastrophic 
                event; and
                    ``(E) such other activities as the Secretary 
                determines to be necessary to undertake the special 
                recovery project.
            ``(6) Additional funding sources.--Amounts appropriated to 
        the Secretary to carry out sections 8 and 10 may be used to 
        provide assistance under this subsection.
            ``(7) Definitions.--In this subsection:
                    ``(A) The term `eligible entity' means a State 
                Forester or equivalent State official, an Indian tribe, 
                or local government. The term may include community-
                based organizations and other persons working in 
                conjunction with a State Forester or equivalent State 
                official, an Indian tribe, or local government.
                    ``(B) The terms `catastrophic event', `landscape 
                assessment', and `special recovery project' have the 
                meanings given those terms in section 3 of the Forest 
                Emergency Recovery and Research Act.
                    ``(C) 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)).''.
    (b) Clerical Amendment.--The heading of such section is amended by 
inserting before the period at the end the following: ``and response to 
catastrophic events''.

           Subtitle B--Department of the Interior Assistance

SEC. 211. RESTORING LANDSCAPES.

    (a) Landscape Assessments.--At the request of an eligible entity, 
the Secretary of the Interior may cooperate with the eligible entity in 
the preparation of a landscape assessment for non-Federal lands 
affected by a catastrophic event. The Secretary may combine the 
preparation of a landscape assessment with the preparation of a 
catastrophic event recovery evaluation under title I regarding Federal 
land in the vicinity of the damaged non-Federal land.
    (b) Decision to Provide Assessment Assistance.--In response to the 
request of an eligible entity for assistance under subsection (a), the 
Secretary of the Interior shall make a decision, within 30 days after 
receiving the request, whether or not to provide such assistance. The 
decision rests in the sole discretion of the Secretary, but, if the 
Secretary rejects the request for assistance, the Secretary shall 
provide the eligible entity with an explanation of the reasons for the 
rejection.
    (c) Types of Assistance.--The Secretary of the Interior may provide 
technical and financial cost-share assistance to an eligible entity--
            (1) to assist in the preparation of a landscape assessment; 
        and
            (2) to implement special recovery projects identified in 
        the landscape assessment.
    (d) Special Recovery Projects.--The Secretary of the Interior may 
provide assistance under subsection (c)(2) for special recovery 
projects, including revegetation, tree planting, and other practices 
the Secretary determines to be appropriate.

SEC. 212. RESTORING COMMUNITIES.

    (a) Community Assessments.--At the request of an eligible entity 
affected by a catastrophic event, the Secretary of the Interior may 
cooperate with the eligible entity in the preparation of a community 
wildfire protection plan or related plan.
    (b) Decision to Provide Assessment Assistance.--In response to the 
request of an eligible entity for assistance under subsection (a), the 
Secretary of the Interior shall make a decision, within 30 days after 
receiving the request, whether or not to provide such assistance. The 
decision rests in the sole discretion of the Secretary, but, if the 
Secretary rejects the request for assistance, the Secretary shall 
provide the eligible entity with an explanation of the reasons for the 
rejection.
    (c) Types of Assistance.--The Secretary of the Interior may provide 
technical and financial cost-share assistance to an eligible entity--
            (1) to assist in the preparation of development of a 
        community wildfire protection plan, a community assessment, or 
        a community action plan; and
            (2) to implement special recovery projects identified in a 
        community wildfire protection plan, a community assessment, or 
        a community action plan.
    (d) Special Recovery Projects.--Special recovery projects supported 
under subsection (c)(2) may include projects involving--
            (1) developing products from and markets for timber 
        harvested in response to a catastrophic event and remaining 
        forest resources;
            (2) training for the local populace for work in connection 
        with catastrophic event recovery;
            (3) repair of forest roads, bridges, and trails and water 
        supply areas affected by a catastrophic event; and
            (4) such other activities as the Secretary determines to be 
        necessary to undertake the special recovery project.

                    TITLE III--EXPERIMENTAL FORESTS

SEC. 301. FINDINGS.

    Congress finds the following:
            (1) The experimental forests established pursuant to 
        section 4 of the Forest and Rangeland Renewable Resources 
        Research Act of 1978 (16 U.S.C. 1643) or the organic 
        administrative authorities of the Secretary of Agriculture (16 
        U.S.C. 551) serve as a natural laboratory for the Forest 
        Service to evaluate management practices generally and specific 
        responses to catastrophic events that can be eventually used 
        throughout the National Forest System.
            (2) To build upon the knowledge base to be developed using 
        catastrophic events research projects conducted under title I, 
        the Secretary of Agriculture should be authorized to use the 
        same authorities provided under sections 104 and 105 to design 
        and carry out projects in the experimental forests.

SEC. 302. AVAILABILITY AND USE OF PRE-APPROVED MANAGEMENT PRACTICES ON 
              NATIONAL FOREST EXPERIMENTAL FORESTS.

    Management practices included on the list of pre-approved 
management practices prepared under subsection (a) of section 104 may 
be implemented, in the manner provided by such section, in an 
experimental forest established pursuant to section 4 of the Forest and 
Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1643) or 
the organic administrative authorities of the Secretary of Agriculture 
(16 U.S.C. 551).

SEC. 303. LIMITED CONSIDERATION OF ALTERNATIVES FOR PROJECTS ON 
              NATIONAL FOREST EXPERIMENTAL FORESTS.

    Section 105(a) shall apply with respect to any individual activity 
or a series of activities proposed to be undertaken in an experimental 
forest established pursuant to section 4 of the Forest and Rangeland 
Renewable Resources Research Act of 1978 (16 U.S.C. 1643) or the 
organic administrative authorities of the Secretary of Agriculture (16 
U.S.C. 551).

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. REGULATIONS.

    Except as provided in section 106(b), the Secretary concerned is 
not required to promulgate regulations to implement this Act.

SEC. 402. DEDICATED SOURCE OF FUNDS FOR RESEARCH AND MONITORING.

    (a) Special Account.--The Secretary of the Treasury shall establish 
a special account in the Treasury for each Secretary concerned.
    (b) Deposits.--Ten percent of the gross proceeds derived by the 
Secretary concerned from catastrophic event recovery projects and 
catastrophic event research projects conducted by the Secretary 
concerned under title I shall--
            (1) be deposited in the special account established for 
        that Secretary; and
            (2) remain available, without further appropriation and 
        until expended, for expenditure as provided in subsection (c).
    (c) Research-Related Use of Special Accounts.--The Secretary 
concerned shall use amounts in the special account established for that 
Secretary--
            (1) to develop research protocols under section 101;
            (2) to prepare and implement catastrophic event research 
        projects; and
            (3) to provide for monitoring under sections 104 and 105.
    (d) Relation to Other Funds.--Amounts in the special account 
established for the Secretary concerned are in addition to other 
amounts available to that Secretary for the purposes described in 
subsection (c).

SEC. 403. OTHER FUNDING SOURCES.

    (a) Availability of Knutson-Vandenberg Funds.--Section 3 of the Act 
of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 
U.S.C. 576b), is amended--
            (1) by striking ``Such deposits shall be covered'' and 
        inserting the following:
    ``(b) Amounts deposited under subsection (a) shall be covered'';
            (2) by inserting after ``national park.'' the following new 
        sentence: ``The Secretary of Agriculture may also use excess 
        amounts to cover the costs of activities of the Secretary under 
        title I of the Forest Emergency Recovery and Research Act.''; 
        and
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``and'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) the excess amounts will not be needed for activities 
        of the Secretary under title I of the Forest Emergency Recovery 
        and Research Act during the fiscal year in which the transfer 
        would be made; and''.
    (b) Availability of Forest Service Salvage Sale Funds.--Section 
14(h) of the National Forest Management Act of 1976 (16 U.S.C. 472a(h)) 
is amended--
            (1) in the fourth sentence, by inserting after ``the 
        purposes for which deposited'' the following: ``and to cover 
        the costs of activities of the Secretary under title I of the 
        Forest Emergency Recovery and Research Act''; and
            (2) in last proviso, by striking ``for which deposited on 
        any national forest'' and inserting ``for which deposits of 
        money are available under this subsection''.
    (c) Availability of BLM Revolving Fund Derived From Disposal of 
Salvage Timber.--The first paragraph under the headings ``Forest 
Ecosystems Health and Recovery'' and ``revolving fund, special 
account'' in title I of the Department of the Interior and Related 
Agencies Appropriations Act, 1993 (Public Law 102-381; 106 Stat. 1376; 
43 U.S.C. 1736a), is amended by adding at the end the following new 
sentence: ``The money in this fund shall likewise be immediately 
available to cover the costs of activities of the Bureau of Land 
Management under title I of the Forest Emergency Recovery and Research 
Act.''.

SEC. 404. EFFECT OF DECLARATION OF MAJOR DISASTER OR EMERGENCY.

    (a) Availability of Funds.--If an area of non-Federal land damaged 
by a catastrophic event is also covered by a declaration by the 
President under section 401 or 501 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191) that a major 
disaster or emergency exists, the Director of Federal Emergency 
Management Agency may use funds available for activities under that Act 
to reimburse the Secretary concerned for assistance in that area 
provided under--
            (1) subtitle B of title II; or
            (2) subsection (c) of section 10A of the Cooperative 
        Forestry Assistance Act of 1978 (16 U.S.C. 2106c), as added by 
        section 201.
    (b) Limitation.--Reimbursements under subsection (a) shall be 
limited to those activities authorized under the Robert T. Stafford 
Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5122 et seq.) for which assistance under 
paragraph (1) or (2) of such subsection is provided.

            Passed the House of Representatives May 17, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.