Short title

This Act may be cited as the

Rural Employment and Forest Restoration Act of 2006

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.

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.

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.

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.

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.

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.