[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5263 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5263

To encourage the collaborative, science-based ecosystem restoration of 
 priority forest landscapes on Federal lands under the jurisdiction of 
 the Bureau of Land Management and the Forest Service through a joint 
   Collaborative Forest Landscape Restoration Program, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2008

 Mr. Grijalva introduced the following bill; which was referred to the 
  Committee on Natural Resources, and in addition to the Committee on 
Agriculture, 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 encourage the collaborative, science-based ecosystem restoration of 
 priority forest landscapes on Federal lands under the jurisdiction of 
 the Bureau of Land Management and the Forest Service through a joint 
   Collaborative Forest Landscape Restoration Program, 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 ``Forest Landscape Restoration Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to encourage the collaborative, science-
based ecosystem restoration of priority forest landscapes through a 
process that--
            (1) encourages ecological, economic, and social 
        sustainability;
            (2) leverages local resources with national and private 
        resources;
            (3) facilitates the reduction of wildfire management costs, 
        including through reestablishing natural fire regimes and 
        reducing the risk of uncharacteristic wildfire; and
            (4) demonstrates the degree to which--
                    (A) various ecological restoration techniques--
                            (i) achieve ecological health objectives; 
                        and
                            (ii) affect wildfire activity and 
                        management costs; and
                    (B) the use of forest restoration byproducts can 
                offset treatment costs while benefitting rural 
                economies and improving forest health.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Covered federal lands.--The term ``covered Federal 
        lands'' means Federal lands under the jurisdiction of the 
        Bureau of Land Management and National Forest System lands.
            (2) Fund.--The term ``Fund'' means the Collaborative Forest 
        Landscape Restoration Fund established by section 4(g).
            (3) Program.--The term ``program'' means the Collaborative 
        Forest Landscape Restoration Program established under section 
        4(a).
            (4) Secretaries.--The term ``Secretaries'' means the 
        Secretary of the Interior and the Secretary of Agriculture, 
        acting jointly.

SEC. 4. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.

    (a) Establishment.--The Secretary of the Interior and the Secretary 
of Agriculture, acting jointly, shall establish a Collaborative Forest 
Landscape Restoration Program to select and fund ecological restoration 
treatments for priority forest landscapes in accordance with applicable 
law.
    (b) Compliance With Existing Laws.--All activities carried out 
under the program shall be carried out in compliance with section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 1536) and the National 
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
    (c) Eligibility Criteria.--To be eligible for nomination under 
subsection (d) for selection and funding under the program, a 
collaborative forest landscape restoration proposal shall--
            (1) be based on a landscape restoration strategy that--
                    (A) is complete or substantially complete;
                    (B) identifies and prioritizes ecological 
                restoration treatments for a 10-year period across a 
                landscape that is--
                            (i) at least 50,000 acres;
                            (ii) comprised primarily of forested 
                        covered Federal lands, but may also include 
                        other Federal, State, tribal, or private land;
                            (iii) in need of active ecosystem 
                        restoration; and
                            (iv) accessible by existing or proposed 
                        wood-processing infrastructure at an 
                        appropriate scale to use woody biomass and 
                        small-diameter wood removed in ecological 
                        restoration treatments;
                    (C) incorporates--
                            (i) the best available science and 
                        scientific application tools in ecological 
                        restoration strategies; and
                            (ii) the requirements for old-growth 
                        maintenance, restoration, and management 
                        direction of paragraphs (2), (3), and (4) of 
                        subsection (f) and the requirements for large-
                        tree retention of subsection (f) of section 102 
                        of Public Law 108-148 (16 U.S.C. 6512); and
                    (D) does not include the establishment of permanent 
                roads;
            (2) be developed and implemented through a collaborative 
        process that--
                    (A) includes multiple interested persons 
                representing diverse interests;
                    (B) is transparent and nonexclusive or meets the 
                requirements for a resource advisory committee under 
                section 205 of Public Law 106-393 (16 U.S.C. 500 note); 
                and
                    (C) has an established record of successful 
                planning and implementation of ecological restoration 
                projects on covered Federal lands;
            (3) describe plans to--
                    (A) use fire for ecological restoration and 
                maintenance, where appropriate;
                    (B) improve fish and wildlife habitat, including 
                for endangered, threatened, and sensitive species;
                    (C) maintain or improve water quality;
                    (D) prevent, remediate, or control invasions of 
                exotic species;
                    (E) maintain or decommission roads;
                    (F) use woody biomass and small-diameter trees 
                produced from projects implementing the landscape 
                restoration strategy;
                    (G) report annually on performance, including 
                through performance measures from the plan entitled the 
                ``10 Year Comprehensive Strategy Implementation Plan'' 
                and dated December 2006;
                    (H) develop small business incubators and provide 
                employment and training opportunities to people in 
                rural communities, including contracts for monitoring 
                activities, through--
                            (i) local private, nonprofit, or 
                        cooperative entities;
                            (ii) Youth Conservation Corps crews or 
                        related partnerships, with State, local, and 
                        non-profit youth groups;
                            (iii) small or micro-businesses; or
                            (iv) other entities that will hire or train 
                        a significant percentage of local people to 
                        complete such contracts; and
                    (I) take into account any applicable community 
                wildfire protection plan (as defined in section 101 of 
                Public Law 108-148 (16 U.S.C. 6511));
            (4) analyze the anticipated cost savings resulting from--
                    (A) reduced wildfire management costs; and
                    (B) a decrease in the unit costs of implementing 
                ecological restoration treatments over time;
            (5) estimate--
                    (A) the annual Federal funding necessary to 
                implement the proposal; and
                    (B) the amount of new non-Federal investment for 
                carrying out the proposal that would be leveraged by 
                Federal funding for ecological restoration treatments; 
                and
            (6) be subject to any other requirements that the 
        Secretaries determines to be necessary for the efficient and 
        effective administration of the program.
    (d) Nomination Process.--
            (1) Submission.--A collaborative forest landscape 
        restoration proposal shall be submitted to the Director of the 
        Bureau of Land Management for each State in which the covered 
        Federal lands included in the proposal are located and to the 
        Regional Forester for the Forest Service Region in which the 
        covered Federal lands included in the proposal are located.
            (2) Nomination.--A State Director of the Bureau of Land 
        Management or a Regional Forester may nominate collaborative 
        forest landscape restoration proposals for selection by the 
        Secretaries.
            (3) Documentation.--With respect to each collaborative 
        forest landscape restoration proposal that is nominated under 
        paragraph (2)--
                    (A) the State Director of the Bureau of Land 
                Management or Regional Forester making the nomination 
                shall--
                            (i) include a proposal to use Federal funds 
                        allocated to the State Director of the Bureau 
                        of Land Management or Regional Forester to fund 
                        those costs of planning and carrying out 
                        ecological restoration treatments on covered 
                        Federal lands consistent with the landscape 
                        restoration strategy that would not be covered 
                        by amounts transferred to the Secretaries from 
                        the Fund; and
                            (ii) provide evidence that amounts proposed 
                        to be transferred to the Secretaries from the 
                        Fund during the first 2 years following 
                        selection would be used to carry out ecological 
                        restoration treatments consistent with the 
                        landscape restoration strategy during the same 
                        fiscal year in which the funds are transferred 
                        to the Secretaries; and
                    (B) if the collaborative forest landscape 
                restoration proposal includes activities that would be 
                carried out on land that is not under the jurisdiction 
                of the Secretaries, the State Director of the Bureau of 
                Land Management or Regional Forester making the 
                nomination shall provide evidence that the owner of the 
                non-covered Federal land intends to participate in, and 
                provide appropriate funding to carry out, the 
                activities on the non-covered Federal land.
    (e) Selection Process.--
            (1) In general.--After consulting with any scientific and 
        technical advisory panels established under subsection (f), the 
        Secretaries shall, subject to paragraph (2), select the best 
        collaborative forest landscape restoration proposals that--
                    (A) have been nominated under subsection (d)(2); 
                and
                    (B) meet the eligibility criteria established by 
                subsection (c).
            (2) Criteria.--In selecting collaborative forest landscape 
        restoration proposals under paragraph (1), the Secretaries 
        shall give special consideration to--
                    (A) the strength of the ecological case of the 
                proposal for landscape restoration and the proposed 
                restoration strategies;
                    (B) the strength of the collaborative process;
                    (C) whether the proposal would reduce the relative 
                costs of carrying out treatments as a result of the use 
                of woody biomass and small-diameter trees;
                    (D) whether the proposal is likely to achieve 
                reductions in long-term wildfire management costs;
                    (E) the strength of the landscape restoration 
                proposal and strategy; and
                    (F) whether an appropriate level of non-Federal 
                investment would be leveraged in carrying out the 
                proposal.
            (3) Limitation.--The Secretaries may select not more than--
                    (A) 10 collaborative forest landscape restoration 
                proposals to be funded during any fiscal year; and
                    (B) 2 collaborative forest landscape restoration 
                proposals in any 1 region of the National Forest System 
                to be funded during any fiscal year.
    (f) Advisory Panels.--
            (1) Scientific advisory panel.--The Secretaries shall 
        establish a scientific advisory panel comprised of not more 
        than 12 experts in ecological forest restoration and fire 
        ecology to evaluate, and provide recommendations on, any 
        proposal that has been nominated under subsection (d)(2) and 
        meets the eligibility criteria established by subsection (c) 
        with respect to--
                    (A) the strength of the ecological case of the 
                proposal for landscape restoration and the proposed 
                restoration strategies; and
                    (B) whether the proposal is likely to achieve 
                reductions in long-term wildfire management costs.
            (2) Technical advisory panel.--The Secretaries may 
        establish a technical advisory panel comprised of experts in 
        rural business development and the use of woody biomass and 
        small-diameter trees to evaluate, and provide recommendations 
        on, any proposal that has been nominated under subsection 
        (d)(2) and meets the eligibility criteria established by 
        subsection (c) with respect to whether the proposal is likely 
        to reduce the relative costs of carrying out treatments as a 
        result of the use of woody biomass and small-diameter trees and 
        provide local economic benefit.
    (g) Collaborative Forest Landscape Restoration Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund, to be known as the ``Collaborative 
        Forest Landscape Restoration Fund'', to be used to pay up to 50 
        percent of the cost of carrying out ecological restoration 
        treatments on covered Federal lands for each collaborative 
        forest landscape restoration proposal selected to be carried 
        out under subsection (e), consisting of--
                    (A) such amounts as are appropriated to the Fund 
                under paragraph (5); and
                    (B) any interest earned on investment of amounts in 
                the Fund under paragraph (3).
            (2) Expenditures from fund.--On request by the Secretaries, 
        the Secretary of the Treasury shall transfer from the Fund to 
        the Secretaries such amounts as the Secretaries determines are 
        necessary to carry out ecological restoration treatments under 
        paragraph (1).
            (3) Accounting and reporting system.--The Secretaries shall 
        establish an accounting and reporting system for the Fund.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Fund $40,000,000 for each of fiscal 
        years 2008 through 2018, to remain available until expended.
    (h) Program Implementation and Monitoring.--
            (1) Work plan.--Not later than 180 days after the date on 
        which a collaborative forest landscape restoration proposal is 
        selected to be carried out, the Secretaries shall create, in 
        collaboration with the interested persons, an implementation 
        work plan and budget to implement the collaborative forest 
        landscape restoration proposal that includes--
                    (A) a description of the manner in which the 
                proposal would be implemented to achieve ecological and 
                community economic benefit, including capacity building 
                to accomplish restoration;
                    (B) a business plan that addresses--
                            (i) the anticipated unit treatment cost 
                        reductions over 10 years;
                            (ii) the anticipated costs for 
                        infrastructure needed for the proposal;
                            (iii) the projected sustainability of the 
                        supply of woody biomass and small-diameter 
                        trees removed in ecological restoration 
                        treatments; and
                            (iv) the projected local economic benefits 
                        of the proposal; and
                    (C) documentation of the non-Federal investment in 
                the priority landscape, including the sources and uses 
                of the investments.
            (2) Project implementation.--Amounts transferred to the 
        Secretaries from the Fund shall be used to carry out ecological 
        restoration treatments that are--
                    (A) consistent with the landscape restoration 
                proposal and strategy; and
                    (B) identified through the collaborative process 
                described in subsection (c)(2).
            (3) Annual report.--The Secretaries, in collaboration with 
        interested persons, shall prepare an annual report on the 
        accomplishments of each selected collaborative forest landscape 
        restoration proposal that includes--
                    (A) a description of all acres (or other 
                appropriate unit) treated and restored through projects 
                implementing the landscape restoration strategy;
                    (B) an evaluation of progress, including 
                performance measures and how prior year evaluations 
                have contributed to improved project performance;
                    (C) a description of community benefits achieved, 
                including any local economic benefits;
                    (D) the results of the multiparty monitoring, 
                evaluation, and accountability process under paragraph 
                (4); and
                    (E) a summary of the costs of--
                            (i) treatments; and
                            (ii) relevant fire management activities.
            (4) Multiparty monitoring.--The Secretaries, in 
        collaboration with interested persons, shall use a multiparty 
        monitoring, evaluation, and accountability process to assess 
        the positive or negative ecological, social, and economic 
        effects of each project implementing a selected collaborative 
        forest landscape restoration proposal for not less than 15 
        years after project implementation commences.
    (i) Report.--Not later than 5 years after the first fiscal year in 
which funding is made available to carry out ecological restoration 
projects under the program, and every 5 years thereafter, the 
Secretaries shall submit a report on the program, including an 
assessment of whether, and to what extent, the program is fulfilling 
the purposes of this Act, to--
            (1) the Committee on Energy and Natural Resources of the 
        Senate;
            (2) the Committee on Appropriations of the Senate;
            (3) the Committee on Natural Resources of the House of 
        Representatives; and
            (4) the Committee on Appropriations of the House of 
        Representatives.
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