[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5964 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5964

 To establish management priorities for Federal forest lands in Oregon 
 and Washington covered by the Northwest Forest Plan that will protect 
 old growth timber while improving the health of young managed stands, 
increasing the volume of commercial timber available from these lands, 
  and providing economic opportunities in rural areas, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2006

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

_______________________________________________________________________

                                 A BILL


 
 To establish management priorities for Federal forest lands in Oregon 
 and Washington covered by the Northwest Forest Plan that will protect 
 old growth timber while improving the health of young managed stands, 
increasing the volume of commercial timber available from these lands, 
  and providing economic opportunities in rural areas, 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 ``Rural Employment and Forest 
Restoration Act of 2006''.

SEC. 2. DEFINITIONS.

    In this section:
            (1) Northwest forest plan.--The term ``Northwest Forest 
        Plan'' means the collection of documents issued in 1994 and 
        entitled ``Final Supplemental Environmental Impact Statement 
        and Record of Decision for Amendments to Forest Service and 
        Bureau of Land Management Planning Documents within the Range 
        of the Northern Spotted Owl'' and ``Standards and Guidelines 
        for Management of Habitat for Late-Successional and Old-Growth 
        Forest Related Species Within the Range of the Northern Spotted 
        Owl''.
            (2) Emerging market.--The term ``emerging market'' means a 
        new or developing market for small diameter and underutilized 
        wood products, special forest products, and other restoration 
        forestry by-products.
            (3) Forest health.--The term ``forest health'' refers to 
        conditions that enable forested land--
                    (A) to be durable, resilient, and less prone to 
                uncharacteristic wildfire, while supporting viable 
                native species assemblages; or
                    (B) to have, or to develop, historic species 
                composition, function and structure, and hydrologic 
                function.
            (4) Late-successional reserve.--The term ``late-
        successional reserve'' means land area designated as a ``late-
        successional reserve'' pursuant to the Northwest Forest Plan.
            (5) Low-impact equipment.--The term ``low-impact 
        equipment'' means any device used in silviculture for 
        restorative, maintenance, or extraction purposes that minimizes 
        or eliminates impacts to soils and other resources.
            (6) Old growth.--The term ``old growth'' means late-
        successional and mature multi-storied conifer forest stands, 
        generally more than 120 years old as of the date of the 
        enactment of this Act, that provide, or are likely to provide, 
        complex habitat for associated species assemblages.
            (7) Rural and rural area.--The terms ``rural'' and ``rural 
        area'' mean the area of a State not located within a city or 
        town that has a population of 50,000 or more inhabitants, as 
        defined by the Bureau of the Census using the latest decennial 
        census of the United States.
            (8) Value-added.--The term ``value-added'' means the 
        additional processing of a product to increase its economic 
        value and to create additional jobs and benefits where the 
        processing is carried out.
            (9) Young managed stands.--The term ``young managed stand'' 
        means a stand of trees where the overstory has been 
        mechanically removed and the stand has been artificially 
        regenerated.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The Northwest Forest Plan can be better implemented, 
        and the forests within its boundaries can be better managed. 
        Better implementation, management, and funding could 
        significantly improve protection for native forest ecosystems 
        and wildlife, produce more desirable forest conditions, and 
        substantially increase sustainable timber production and 
        economic opportunities for rural areas.
            (2) Regeneration logging of old-growth forests diminishes 
        biodiversity and habitat for rare, threatened, and endangered 
        species, and generally makes forests less healthy, resilient, 
        and durable. Old-growth logging creates intense public 
        controversy that has prevented attainment of the social and 
        economic goals of the Northwest Forest Plan. Thinning in 
        younger previously managed forests, and even some dense mature 
        stands, on the contrary, can help recover habitat, reduce 
        controversy, create certainty and stability in wood fiber 
        production, and produce desirable forests.
            (3) To improve habitat, create more desirable forest 
        conditions, and capture future commodity production potential, 
        the Forest Service and Bureau of Land Management should 
        implement an accelerated thinning regime across a wide 
        landscape, primarily in young managed stands, and fire 
        suppressed stands at risk of uncharacteristically severe 
        disturbance.
            (4) There are vast unmet thinning needs across the range of 
        the Northwest Forest Plan. Currently there are over one million 
        acres of young managed stands designated as Late-Successional 
        Reserves within the range of the Northwest Forest Plan that 
        need immediate thinning, or will need thinning in the near 
        future. There are approximately one million acres of young 
        managed stands designated as matrix that are also in immediate 
        need of thinning, or will need thinning in the near future.
            (5) The Forest Service estimates that thinning the millions 
        of acres of young managed stands in Oregon and Washington could 
        produce well over 6 billion board-feet of commercial timber 
        over the next two decades. In addition, aggressive thinning in 
        drier forests could produce many tons of non-commercial but 
        usable wood fiber, in addition to commercial timber, as well as 
        reduce fire risk and create more desirable forests by 
        significantly increasing their resiliency and durability.
            (6) The timber industry within the range of the Northwest 
        Forest Plan has largely re-tooled its existing mills to process 
        the smaller-diameter commercial timber generated from thinning 
        young managed stands and is much less dependent on large-
        diameter old-growth trees. In addition, one of the obstacles to 
        economic success within the industry and many rural areas is 
        access to a stable and sustainable supply of this smaller-
        diameter wood.
            (7) A program of intensive and accelerated thinning in 
        young managed stands, and unhealthy fire-prone stands, could 
        annually yield more than double the volume of commercial timber 
        products over the current production from Federal lands under 
        the Northwest Forest Plan.
            (8) The Olympic and Siuslaw National Forests represent 9 
        percent of the National Forest System land in Oregon and 
        Washington under the Northwest Forest Plan, but in 2003 
        produced almost 20 percent of the volume in this area. The 
        primary reason for the productivity of these two national 
        forests is the absence of appeals and litigation due to local 
        agency emphasis on thinning second-growth stands and the 
        commitment of the Forest Service to, and participation in, 
        locally-driven collaborative efforts.
            (9) The Siuslaw National Forest generates approximately 20 
        million board-feet annually, with the potential to generate 50 
        million board-feet, from second-growth stands, resulting in 
        millions of dollars for additional restoration projects, other 
        forest accounts, payments to local counties, and the Federal 
        treasury.
            (10) The Gifford Pinchot National Forest was once the top 
        producing forest in the State of Washington. Harvest dropped 
        substantially, to approximately 2 million board-feet of timber 
        per year, due to controversy over old-growth logging. Since 
        shifting to an emphasis on thinning second-growth stands and 
        collaborative restoration, the this national forest can now 
        produce nearly 18 million board-feet of commercial timber 
        annually with little controversy, appeals, or litigation.
            (11) Thinning young managed stands and restoring drier 
        forests to a more resilient, durable condition could 
        significantly contribute to improved forest health, water 
        quality, wildlife and vegetation diversity, and the development 
        of vital old-growth ecosystems.
            (12) Thinning young managed stands, the development of 
        locally owned manufacturing, and increased access to existing 
        and emerging markets could provide thousands of jobs and much-
        needed economic activity in depressed rural areas within the 
        range of the Northwest Forest Plan.
            (13) Absent adequate protections for old-growth forest 
        stands and associated species, the survey for old-growth 
        dependent species and resulting management requirements are 
        desirable and necessary management tools. However, it is 
        unnecessary for the management of young managed stands and only 
        impedes management to improve forest health. Absent commercial 
        logging of old-growth stands within the range of the Northwest 
        Forest Plan, it is no longer necessary to require surveys of 
        old-growth dependent species.

SEC. 4. MANAGEMENT DIRECTIVES.

    (a) Forest Health Projects; Prioritization.--Each Forest Service 
and Bureau of Land Management administrative unit containing land 
managed under the Northwest Forest Plan shall plan and implement 
projects to enhance the forest health of land managed by the 
administrative unit. The resources of the administrative unit shall be 
prioritized so that projects described in subsections (b) and (c) are 
planned for treatment, and treatment has begun of significant acreage, 
before planning of projects described in subsections (d) and (e) is 
commenced.
    (b) Enhancement of Late-Successional Forest Development.--The 
highest priority shall be given to projects involving variable density 
thinning treatments to enhance late-successional forest development in 
young managed stands. Projects shall avoid impacts to unstable slopes, 
and avoid disturbance to aquatic systems and soils. All projects shall 
comply with the management guidelines for late-successional reserves 
contained in the Northwest Forest Plan, except, notwithstanding the 80-
year age limit for late-successional reserve management, active 
management to improve forest health in young managed stands may occur 
up to 120 years of age in a late-successional reserve. Appropriate 
thinning prescriptions for a late-successional reserve shall be site-
specific to individual young managed stands, taking into account 
factors such as the slope aspect, soil type, hydrology, geomorphology, 
and vegetation composition of the site.
    (c) Improvement of Dry Forest Types With Historically Frequent Fire 
Events.--The second highest priority shall be given to projects to 
increase durability and resiliency in dry forest types with 
historically frequent fire. Projects shall create more desirable forest 
conditions by restoring durable forest structure and composition such 
that fires maintains rather than destroys old-growth features. Projects 
shall avoid impacts to unstable slopes, and avoid disturbance to 
aquatic systems and soils, and protect legacy features, including 
living and dead large overstory trees. Appropriate thinning 
prescriptions shall be site-specific to individual young managed 
stands, taking into account factors such as the slope aspect, soil 
type, hydrology, geomorphology, and vegetation composition of the site.
    (d) Testing of Innovative Management Techniques and Strategies.--An 
administrative unit may plan and implement silvicultural projects under 
this section that test new and innovative management techniques and 
strategies in adaptive management areas under the Northwest Forest 
Plan. Projects shall avoid impacts to unstable slopes, streams, and 
soils, as defined in the Northwest Forest Plan, as well as identified 
old growth forests.
    (e) Other Projects.--An administrative unit covered by this section 
shall not plan, advertise, contract, or implement any harvest of timber 
in an old-growth stand, except for noncommercial use, noncommercial 
purposes in an emergency situation, such as wildland fire-fighting, or 
to improve or protect forest health. Other projects may include any 
management activity allowed by the Northwest Forest Plan.
    (f) Survey and Manage.--The Forest Service and Bureau of Land 
Management shall not be required to implement surveys required in the 
1994 Survey and Manage Record of Decision, as well as the 2001 and 2004 
Records of Decision. Surveys may be performed by the Forest Service or 
Bureau of Land Management at their discretion.

SEC. 5. RURAL EMPLOYMENT DIRECTIVES.

    (a) Best Value Contracting Criteria.--The Forest Service and Bureau 
of Land Management shall consider how they plan, package, and offer 
contracts and sales to restore young managed stands to achieve maximum 
employment in rural areas. In implementing projects, the Forest Service 
and Bureau of Land Management shall select a source for performance of 
a sale, contract, or agreement on a best value basis with consideration 
of one or more of the following:
            (1) Ability of the offeror to meet project ecological 
        objectives and the sensitivity of the resources being treated.
            (2) The use of low-impact equipment or techniques that will 
        minimize or eliminate impacts on soil.
            (3) The ability of the offeror to benefit local economies 
        through the retention or creation of employment or training 
        opportunities in performing the restorative treatments.
            (4) The ability of the offeror to ensure that wood and 
        other by-products are processed locally and contribute to the 
        development of value-added products for an existing market or 
        emerging market.
    (b) Retention and Creation of Jobs in Rural Areas.--In awarding a 
Federal contract for projects described in section 4, the Forest 
Service and Bureau of Land Management, in evaluating bids and 
proposals, shall give consideration to local contractors who are from, 
or who provide employment or training for workers in, an economically 
disadvantaged rural area, including those historically timber-dependent 
areas that have been affected by reduced timber harvesting on Federal 
lands and other forest-dependent rural areas isolated from significant 
alternative employment opportunities.

SEC. 6. PREPARATION OF PROGRAMMATIC ENVIRONMENTAL DOCUMENTATION.

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

SEC. 7. IMPLEMENTATION REQUIREMENTS AND AUTHORIZATION OF 
              APPROPRIATIONS.

    (a) Relation to Northwest Forest Plan.--This Act is intended to 
supplement the requirements of the Northwest Forest Plan. Except as 
provided in section 4, all projects on land managed under the Northwest 
Forest Plan shall be planned and implemented in compliance with the 
Northwest Forest Plan and all other applicable laws.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000,000 for each fiscal year to plan and implement 
projects under section 4. Amounts appropriated pursuant to this 
authorization of appropriation shall remain available until expended. 
This authorization of appropriations is in addition to any other 
authorization of appropriations for the Forest Service or the Bureau of 
Land Management.
    (c) Treatment of Proceeds From Certain Projects.--
            (1) Retained proceeds.--Subject to paragraph (2), an 
        administrative unit of the Forest Service or the Bureau of Land 
        Management may retain proceeds from the sale of commercial 
        timber resulting from a project described in section 4(b) for 
        use in planning and implementing other projects under such 
        section and other projects to improve forest health of land 
        managed under the Northwest Forest Plan.
            (2) Relation to other forest receipt laws.--Nothing in this 
        Act shall affect deposits to the Knudsen-Vanderburg 
        Reforestation Trust Fund established under section 3 of the Act 
        of June 9, 1930 (16 U.S.C. 576b), the requirement to make 
        payments to States or counties under any provision of law, or 
        other obligations related to receipts obtained from the sale of 
        forest products from Federal land.
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