[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2079 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2079

    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 the natural resources of 
 Forest Service land and Bureau of Land Management Land, respectively, 
  to support the recovery of non-Federal land damaged by catastrophic 
 events, to assist impacted communities, to revitalize Forest Service 
             experimental forests, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2005

   Mr. Smith (for himself, Mr. Thune, Mr. Allard, Mr. Burns, and Mr. 
    Thomas) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
    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 the natural resources of 
 Forest Service land and Bureau of Land Management Land, respectively, 
  to support the recovery of non-Federal land damaged by catastrophic 
 events, to assist impacted communities, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Forests for Future 
Generations Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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

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 alternative arrangements.
Sec. 106. Administrative and judicial review.
Sec. 107. Guidance regarding reforestation in response to catastrophic 
                            events.
Sec. 108. Obligations from Trust Fund.
Sec. 109. Revision of land and resource management plans.
Sec. 110. Effect of title.
TITLE II--RESTORING LANDSCAPES AND COMMUNITIES IMPACTED BY CATASTROPHIC 
                                 EVENTS

Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Community protection and recovery funds.
                    TITLE III--EXPERIMENTAL FORESTS

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

Sec. 401. Regulations.
Sec. 402. Authorization of appropriations.

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) Alternative arrangements approved by the Council on 
        Environmental Quality have been used on an inconsistent basis 
        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 losses 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;
                    (E) ensuring the health and resiliency of affected 
                ecosystems for present and future generations; and
                    (F) sequestering carbon.
            (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) Alternative arrangements.--The term ``alternative 
        arrangements'' means the authority granted to the Council on 
        Environmental Quality under section 1506.11 of title 40, Code 
        of Federal Regulations, to grant alternative arrangements for 
        compliance with the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.), including the authority to--
                    (A) reduce processing times for an environmental 
                impact statement; or
                    (B) if warranted by the emergency, condense the 
                preparation and processing of an environmental impact 
                statement.
            (2) 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.
            (3) Catastrophic event.--The term ``catastrophic event'' 
        means any natural disaster or any fire, flood, or explosion, 
        regardless of cause, that the Secretary determines has caused 
        or will cause damage of significant severity and magnitude to 
        Federal land, or for purposes of title II, non-Federal land.
            (4) 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 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 in a manner consistent with the applicable 
                land and resource management plan.
            (5) 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 for the purpose of developing the 
        catastrophic event recovery proposal for the area.
            (6) 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) prepared or 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.
            (7) 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.
            (8) 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.
            (9) 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)).
            (10) Federal land.--The term ``Federal land'' means land in 
        the National Forest System and land managed by the Bureau of 
        Land Management. 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 land 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) Natural disaster.--The term ``natural disaster'' 
        includes 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.
            (17) 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.
            (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 
                land managed by the Bureau of Land Management, 
                including land held for the benefit of an Indian tribe.
            (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 LAND

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

    (a) Development of Protocols; Purpose.--For the purpose of 
collecting and analyzing scientific information about the effectiveness 
and ecological impacts of catastrophic event recovery projects and 
emergency stabilization treatments undertaken as part of a burned area 
emergency response to increase the long-term benefits of management 
activities and to decrease short-term impacts, the Secretary concerned 
shall develop research protocols consisting of a research approach that 
is specifically designed to improve knowledge, understanding, and 
predictive capabilities, including an appropriate and scientifically 
sound experimental design or set of sampling procedures, and 
accompanying methods of data analysis and interpretation.
    (b) Peer Review Required.--The research protocols developed under 
subsection (a), and any subsequent modification thereof, shall be 
subject to independent 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 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 independent 
        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.--
            (1) In general.--In developing and using the research 
        protocols required by this section, the Secretary concerned 
        shall enter into at least 1 cooperative agreement with 1 or 
        land-grant colleges or universities in each Forest Service 
        Region to form forest health partnerships, including regional 
        institutes, to utilize the education, research, and outreach 
        capacity of land-grant colleges and universities to address the 
        recovery of forested land after a catastrophic event.
            (2) Alignment with cooperative ecosystem studies units.--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) Completion.--When a catastrophic event recovery evaluation is 
required to be conducted under subsection (a), the Secretary concerned 
shall commence and complete the catastrophic event recovery evaluation 
not later than 30 days after the conclusion of the catastrophic event 
in order to facilitate prompt--
            (1) decision-making with regard to the catastrophic event 
        recovery of the Federal land damaged by the catastrophic event; 
        and
            (2) implementation of catastrophic event recovery projects 
        on the damaged Federal land.
    (c) 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--
                    (A) to repair, maintain, or improve resource 
                values;
                    (B) to maintain infrastructure;
                    (C) to foster reforestation or other recovery of 
                the damaged Federal land; and
                    (D) to achieve the goals and objectives of the 
                applicable land and resource management plan.
            (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 to be derived 
        from the catastrophic event recovery projects and catastrophic 
        event research projects contained in the catastrophic event 
        recovery proposal.
            (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.
    (d) Use of Pre-Approved Management Practices or Alternative 
Arrangements.--
            (1) Determination.--In addition to complying with the 
        requirements specified in subsection (c) for each catastrophic 
        event recovery evaluation, the Secretary concerned shall make a 
        determination of--
                    (A) whether or not any pre-approved management 
                practices can 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 alternative 
                arrangements 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 alternative arrangements 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 (c)(1) with respect to the damaged 
                Federal land.
                    (C) The lack of pre-approved management practices 
                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) Notification and consultation.--The Secretary concerned 
        shall make the determinations under paragraph (1) after 
        notification of and in consultation with the Council on 
        Environmental Quality, but the determination remains in the 
        sole discretion of the Secretary.
    (e) 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.
    (f) Coordination With Other Activities.--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 
section 203(c)(1)(A).
    (g) 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.
    (h) 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, such as publication in the Federal 
        Register.
            (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 list of pre-approved 
management practices prepared under subsection (a) of section 104, the 
use of pre-approved management practices in the manner provided in such 
section as part of the catastrophic event recovery of an area of 
Federal land damaged by a catastrophic event, and the use of 
alternative arrangements in the manner provided in section 105 to 
design or conduct a catastrophic event recovery project or catastrophic 
event research project, or portion of such a project, are deemed to 
satisfy the requirements of section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332) and its implementing regulations.

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

    (a) List of Available Pre-Approved Management Practices.--
            (1) Preparation of list.--The Secretary concerned shall 
        prepare a list of management practices 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.
            (2) Rule making.--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.
            (3) Peer review required.--Before a management practice may 
        be included on the list of pre-approved management practices, 
        the management practice shall be subject to independent peer 
        review by scientific and land management experts. The results 
        of the review shall be available to the public during the 
        comment period.
            (4) Revision or amendment.--The Secretary concerned may 
        amend or revise the list of pre-approved management practices 
        as necessary whenever new scientific and managerial information 
        becomes available. Paragraphs (2) and (3) shall apply to the 
        amendment or revision process.
    (b) Use of Pre-Approved Management Practices.--Until the end of the 
2-year period beginning on the date on which the catastrophic event 
recovery evaluation is completed for an area of Federal land damaged by 
a catastrophic event, the Secretary concerned may implement and carry 
out pre-approved management practices to facilitate the catastrophic 
event recovery of the area.
    (c) Effect of Termination of Period.--After the expiration of the 
applicable time period under subsection (b), a pre-approved management 
practice may not be initiated under the authority of such subsection 
for an area of Federal land damaged by a catastrophic event. Any pre-
approved management practice initiated before the date of the 
expiration of the applicable time period may not be continued after 
that date.
    (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;
                    (C) that are required to be removed for worker or 
                public safety; or
                    (D) that are not specified for snag retention by 
                the applicable land and resource management plan.
    (e) Required Consultation.--
            (1) ESA consultation.--
                    (A) In general.--In the case of the proposed use of 
                a pre-approved management practice under subsection 
                (b), 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).
                    (B) Incidental takings.--
                            (i) In general.--At the conclusion of the 
                        consultation, the statement required by section 
                        7(b)(4) of the Endangered Species Act of 1973 
                        (16 U.S.C. 1536(b)(4)) shall be issued for any 
                        incidental taking that may occur while using 
                        the pre-approved management practice.
                            (ii) Application.--The statement issued 
                        under clause (i) shall--
                                    (I) be effective beginning on the 
                                date the Secretary concerned initiates 
                                the practice; and
                                    (II) apply to all persons assisting 
                                or cooperating with the Secretary in 
                                using the practice.
                    (C) Deadline for completion.--If the consultation 
                required under this subsection is not completed by the 
                date on which the decision document is issued under 
                subsection (f), the applicable biological assessment 
                from the land management agency shall be considered to 
                be sufficient for the purposes of section 7 of the 
                Endangered Species Act of 1973 (16 U.S.C. 1536).
            (2) Other required consultation.--Any consultation required 
        under other laws, such as the National Historic Preservation 
        Act (16 U.S.C. 470 et seq.) or 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. 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.
    (f) Issuance of Decision Document.--Not later than 30 days after 
the date on which the Secretary concerned makes the determination under 
section 102(d) 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--
            (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; and
            (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.
    (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 ALTERNATIVE ARRANGEMENTS.

    (a) Limited Consideration of Alternatives.--If the Secretary 
concerned determines under section 102(d) to utilize alternative 
arrangements 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 
alternative arrangements are utilized.
    (b) Use for Certain Activities Prohibited.--
            (1) Road construction.--Alternative arrangements 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 
        alternative arrangements 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;
                    (C) that are required to be removed for worker or 
                public safety; or
                    (D) that are not specified for snag retention by 
                the applicable land and resource management plan.
    (c) Required Consultation.--
            (1) ESA consultation.--
                    (A) In general.--In the case of a catastrophic 
                event recovery project or catastrophic event research 
                project, or portion of such a project, for which 
                alternative arrangements under this section are used, 
                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).
                    (B) Incidental takings.--
                            (i) In general.--At the conclusion of the 
                        consultation, the statement required by section 
                        7(b)(4) of the Endangered Species Act of 1973 
                        (16 U.S.C. 1536(b)(4)) shall be issued for any 
                        incidental taking that may occur under the 
                        project.
                            (ii) Application.--The statement issued 
                        under clause (i) shall--
                                    (I) be effective beginning on the 
                                date the Secretary concerned initiates 
                                action under the project; and
                                    (II) apply to all persons assisting 
                                or cooperating with the Secretary under 
                                the project.
                    (C) Deadline for completion.--If the consultation 
                required under this subsection is not completed by the 
                date on which the decision document is issued under 
                subsection (d), the applicable biological assessment 
                from the land management agency shall be considered to 
                be sufficient for the purposes of section 7 of the 
                Endangered Species Act of 1973 (16 U.S.C. 1536).
            (2) Other required consultation.--Any consultation required 
        under other laws, such as the National Historic Preservation 
        Act (16 U.S.C. 470 et seq.) or 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 alternative arrangements 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.
    (d) Completion of Alternative Arrangements and Issuance of Decision 
Document.--Not later than 90 days after the date on which the Secretary 
concerned makes the determination under section 102(d) to develop and 
carry out a catastrophic event recovery project or catastrophic event 
research project, or portion of such a project, using alternative 
arrangements, the Secretary concerned shall--
            (1) complete the alternative arrangements 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--
                    (A) the rationale for the agency decision;
                    (B) an economic analysis and justification; and
                    (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.
    (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 alternative arrangements 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 alternative arrangements 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 section 215 of title 36, Code of Federal Regulations; or
            (2) the consideration or disposition of any legal action 
        brought with respect to such requirements.
    (b) Predecisional Administrative Review.--The predecisional 
administrative review process established by the Secretary of 
Agriculture by regulation under section 105 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6515), and the Department of the 
Interior administrative hearings and appeals procedures referred to in 
subsection (c)(1)(B) of such section, shall serve as the sole means by 
which a person can seek administrative review regarding--
            (1) the proposed use of a pre-approved management practice 
        under section 104; or
            (2) a catastrophic event recovery project or catastrophic 
        event research project, or portion of such a project, for which 
        the alternative arrangements under section 105 are used.
    (c) Judicial Review.--
            (1) In general.--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.
            (2) Attorney fees.--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.
    (d) Mediation and Binding Arbitration.--
            (1) In general.--In lieu of the administrative and judicial 
        processes provided for in subsections (b) and (c), the 
        Secretary concerned is encouraged to establish procedures for 
        voluntary mediation and binding arbitration that would 
        accelerate the implementation of catastrophic event recovery 
        projects.
            (2) Requirements.--Any procedures established under 
        paragraph (1) shall provide that--
                    (A) the Federal Government shall bear all costs of 
                any mediation or binding arbitration proceedings;
                    (B) the limitation on attorney fees under 
                subsection (c)(2) shall not apply to the proceedings;
                    (C) the applicable local government, any persons 
                economically impacted by the catastrophic event 
                recovery project, and any potential litigants shall be 
                allowed to equally participate in the proceedings;
                    (D) the proceedings shall be completed within 30 
                days of the date on which the proceedings were 
                initiated; and
                    (E) the mediator shall be mutually acceptable to 
                all parties to the proceedings.

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

    Not later than 180 days after the date of 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; 
        and
            (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.

SEC. 108. OBLIGATIONS FROM TRUST FUND.

    Section 303(d) of Public Law 96-451 (16 U.S.C. 1606a(d)) is 
amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and indenting 
        appropriately;
            (2) by striking the ``(d) The Secretary of Agriculture'' 
        and inserting the following:
    ``(d) Obligations From Trust Fund.--
            ``(2) Reforestation and timber stand improvements.--The 
        Secretary of Agriculture'';
            (3) by inserting before paragraph (2) (as designated by 
        paragraph (2)) the following:
            ``(1) Definitions.--In this subsection:
                    ``(A) Appropriate forest cover.--The term 
                `appropriate forest cover' means the species of trees, 
                the degree of stocking, the rate of growth, and the 
                conditions of a stand designed to secure the maximum 
                benefits of multiple use sustained yield management.
                    ``(B) Catastrophic event.--The term `catastrophic 
                event' means any natural disaster or any fire, flood, 
                or explosion, regardless of cause, that the Secretary 
                of Agriculture determines has caused or will cause 
                damage of significant severity and magnitude to 
                National Forest System land.
                    ``(C) Natural disaster.--The term `natural 
                disaster' includes 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.''; and
            (4) in paragraph (2) (as designated by paragraph (2))--
                    (A) in subparagraph (A) (as redesignated by 
                paragraph (1))--
                            (i) by inserting ``, subject to 
                        subparagraph (B),'' after ``reforestation''; 
                        and
                            (ii) by striking ``and'' at the end;
                    (B) by redesignating subparagraph (B) (as 
                redesignated by paragraph (1)) as subparagraph (C); and
                    (C) by inserting after subparagraph (A) (as 
                redesignated by paragraph (1)) the following:
                    ``(B) reforestation treatment to restore 
                appropriate forest cover on National Forest System land 
                that is capable of growing, and available for, 
                commercial timber harvest and that has been affected by 
                a catastrophic event if--
                            ``(i) the need for the reforestation 
                        treatment is identified in the report submitted 
                        to Congress under section 3(d)(1) of the Forest 
                        and Rangeland Renewable Resources Planning Act 
                        of 1974 (16 U.S.C. 1601(d)(1)); and
                            ``(ii) the reforestation treatment occurs 
                        within 5 years of--
                                    ``(I) if there is no harvest 
                                activity following the wildfire or the 
                                nonfire natural disturbance event, the 
                                wildfire or a nonfire natural 
                                disturbance event;
                                    ``(II) if a regeneration harvest is 
                                the final cut in a stand in a disturbed 
                                area, the regeneration harvest; or
                                    ``(III) if a salvage harvest is the 
                                final cut in a stand in a disturbed 
                                area, the salvage harvest; and''.

SEC. 109. REVISION OF LAND AND RESOURCE MANAGEMENT PLANS.

    During the 3-year period beginning on the date of enactment of this 
Act, the Secretary concerned shall ensure that any revision to a land 
and resource management plan address forest management and recovery 
goals after a catastrophic event.

SEC. 110. 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 alternative arrangements authorized by section 105.
    (b) 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 independent peer review provided by scientific and 
        land management experts under section 101(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.

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

SEC. 201. FINDINGS.

    Congress finds that--
            (1) there is a relationship between poverty and Federal 
        land ownership, with households below the poverty level being 
        located in close proximity to Federal land;
            (2) households below the poverty level are more likely to 
        be located in areas with low or no wildfire or other 
        catastrophic event response capabilities; and
            (3) catastrophic events disproportionately affect low-
        income communities in the short term and long term by 
        negatively impacting economic activities such as recreation, 
        timber and nontraditional forest product utilization, 
        fisheries, and tourism.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Eligible entity.--The term ``eligible entity'' means a 
        State Forester or equivalent State official, an Indian tribe, 
        local government, community-based organization, or other 
        person.
            (2) Excess receipts.--The term ``excess receipts'' means 
        any National Forest Fund receipts derived from the sale of 
        timber under section 105(b)(2), that are identified by the 
        Secretary for the fiscal year as amounts in excess of the 
        amounts retained onsite for activities included in an 
        applicable catastrophic event recovery project.
            (3) Fund.--The term ``fund'' means a community protection 
        and recovery fund established under section 203(a).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 203. COMMUNITY PROTECTION AND RECOVERY FUNDS.

    (a) Establishment.--The Secretary shall establish within the 
Treasury a community protection and recovery fund for each catastrophic 
event recovery project, consisting of such amounts as are transferred 
to the fund under subsection (b).
    (b) Transfers to Fund.--There are appropriated to each fund amounts 
equivalent to 5 percent of excess receipts.
    (c) Use.--
            (1) In general.--Subject to paragraphs (2) and (3), amounts 
        in the fund shall be available, without further appropriation, 
        to the Secretary, in cooperation with any eligible entities, 
        for--
                    (A) the preparation of a landscape assessment for 
                non-Federal land affected by a catastrophic event;
                    (B) assistance in the preparation of a community 
                wildfire protection plan or related plan; and
                    (C) implementation of special recovery projects 
                identified in the landscape assessment or community 
                wildfire protection plan, community assessment, or 
                community action plan, including--
                            (i) revegetation, tree planting, and other 
                        management practices that the Secretary 
                        determines to be appropriate;
                            (ii) developing products from and markets 
                        for fire timber harvest and remaining forest 
                        resources;
                            (iii) training for the local workforce;
                            (iv) repair of public facilities, such as 
                        water systems, roads, bridges and trails, 
                        affected by a catastrophic event; and
                            (v) any other activities that the Secretary 
                        determines to be necessary to undertake the 
                        special recovery project.
            (2) Preference.--In making expenditures from a fund, the 
        Secretary shall give priority to low-income communities.
            (3) Limitation.--Amounts in a fund shall only be available 
        for expenditure for a specific catastrophic event during the 3-
        year period beginning on the date on which the catastrophic 
        event occurs.
    (d) Reprogramming.--Amounts deposited in a fund or eligible for 
deposit in a fund shall not be subject to transfer or reprogramming for 
wildland fire management or any other emergency purposes.

                    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. AVAILABILITY AND USE OF ALTERNATIVE ARRANGEMENTS FOR PROJECTS 
              ON NATIONAL FOREST EXPERIMENTAL FORESTS.

    Section 105 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.

    The Secretary concerned is not required to promulgate regulations 
to implement this Act.

SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>