[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6189 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6189

To require the Secretary of Agriculture to conduct a ``Charter Forest'' 
demonstration project on all National Forest System lands in the State 
   of Colorado in order to combat insect infestation, improve forest 
 health, reduce the threat of wildfire, protect biological diversity, 
and enhance the social sustainability and economic productivity of the 
                                 lands.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2008

 Mr. Tancredo introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Agriculture to conduct a ``Charter Forest'' 
demonstration project on all National Forest System lands in the State 
   of Colorado in order to combat insect infestation, improve forest 
 health, reduce the threat of wildfire, protect biological diversity, 
and enhance the social sustainability and economic productivity of the 
                                 lands.

    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 ``Colorado Charter 
Forest Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Charter forest demonstration project for National Forest System 
                            lands in Colorado.
Sec. 4. Independent scientific review and monitoring.
Sec. 5. Community management council.
Sec. 6. Relation to National Environmental Policy Act of 1969.
Sec. 7. Predecisional review process for demonstration project.
Sec. 8. Stewardship contracting authority.
Sec. 9. Retention and use of receipts.
Sec. 10. Authorization of appropriations; offset.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The terms ``Charter Forest demonstration project'' and 
        ``demonstration project'' mean the demonstration project 
        required by this Act for covered National Forest System lands 
        in the State of Colorado.
            (2) The terms ``community management council'' and 
        ``council'' mean the community management council appointed 
        under section 5.
            (3) The term ``covered National Forest System lands'' means 
        the National Forest System lands in the State of Colorado.
            (4) The terms ``independent scientific panel'' and 
        ``panel'' mean the panel assembled by the Secretary under 
        section 4.
            (5) The term ``Secretary'' means the Secretary of 
        Agriculture, acting through the Chief of the Forest Service.

SEC. 3. CHARTER FOREST DEMONSTRATION PROJECT FOR NATIONAL FOREST SYSTEM 
              LANDS IN COLORADO.

    (a) Demonstration Project Required.--The Secretary of Agriculture, 
acting through the Chief of the Forest Service, shall conduct a 
demonstration project for National Forest System lands in the State of 
Colorado for the purpose of increasing community involvement in 
decisionmaking regarding the management of the covered National Forest 
System lands and evaluating various methods, described in this Act, to 
improve the management and health of the covered National Forest System 
lands. The demonstration project shall be known as the ``Charter Forest 
demonstration project''.
    (b) Commencement of Demonstration Project.--The Secretary shall 
commence the demonstration project as soon as practicable after the 
submission of the initial report of the independent scientific panel 
under section 4.
    (c) Duration.--The Secretary shall terminate the demonstration 
project at the end of the 10-year period beginning on the date the 
demonstration project is commenced under subsection (b).
    (d) Relation to Other National Forest System Laws.--Except as 
provided in this Act, during the term of the demonstration project, the 
Secretary shall continue to manage the covered National Forest System 
lands under all of the laws and regulations governing occupancy, use, 
and management of the National Forest System.

SEC. 4. INDEPENDENT SCIENTIFIC REVIEW AND MONITORING.

    (a) Review of Ecological, Social, and Economic Sustainability.--
            (1) Initial review.--The Secretary shall assemble an 
        independent scientific panel to conduct an assessment, using 
        accepted measures and indicators, of the ecological, social, 
        and economic sustainability of the covered National Forest 
        System lands, taking into consideration such factors as forest 
        health, susceptibility to catastrophic fire, susceptibility to 
        insect infestation, biological diversity, and economic 
        productivity of the covered National Forest System lands.
            (2) Submission of results.--Not later than one year after 
        the date of the enactment of this Act, the panel shall submit 
        to the Secretary and Congress a report containing the results 
        of the assessment conducted under this subsection.
    (b) Subsequent Monitoring of Demonstration Project.--
            (1) Monitoring plan.--The panel shall prepare a monitoring 
        plan to be used to track the implementation of the charter 
        forest demonstration project.
            (2) Revised review.--At the end of the first five years of 
        the demonstration project and upon the completion of the 
        demonstration project, the panel shall revise the assessment 
        conducted under subsection (a) and resubmit it to the Secretary 
        and to Congress.
            (3) Effects of charter project.--Using the information 
        collected from the monitoring plan, the panel shall include in 
        each revised assessment an evaluation of the positive and 
        negative impacts of the demonstration project on changes in the 
        ecological, social, and economic sustainability and 
        susceptibility to insect infestation and catastrophic wildfire 
        of the covered National Forest System lands.

SEC. 5. COMMUNITY MANAGEMENT COUNCIL.

    (a) Establishment and Purposes.--The Secretary shall establish a 
community management council as part of the charter forest 
demonstration project for the purpose of--
            (1) advising the Secretary and the supervisor of the 
        covered National Forest System lands on the broad array of 
        environmental, economic, and social issues related to the 
        management, occupancy, and use of the covered National Forest 
        System lands;
            (2) assisting in the development of binding priorities for 
        management activities, including hazardous fuels reduction, 
        watershed protection, disease, insect and invasive species 
        treatment and control; and
            (3) assisting the Secretary in the development of the 
        ``charter'' and consideration of proposed projects and 
        activities under section 6.
    (b) Appointment and Members.--The council shall consist of 13 
members, appointed by the Secretary as follows:
            (1) Five members appointed from nominations provided by the 
        Governor of Colorado.
            (2) Four members appointed from nominations provided by the 
        senior Senator from Colorado.
            (3) Four members appointed from nominations provided by the 
        junior Senator from Colorado.
    (c) Qualifications.--The members of the council should be appointed 
from communities in close proximity to the covered National Forest 
System lands and represent a broad range of interests, including 
conservation interests, forestry experts, commodity and forest products 
interests, experts in the field of energy development, and the 
interests of county and municipal governments in the area. Members 
should have a demonstrated ability to constructively work toward 
beneficial solutions with a diverse range of interests on complex land 
management issues.
    (d) Regional Forester.--The Forest Service Regional Forester 
responsible for Colorado shall serve as an ex officio member of the 
council.
    (e) Vacancies.--Vacancies on the council shall be filled in the 
same manner as the original appointment.
    (f) Compensation.--Members of the council who are not Federal 
employees shall serve without compensation.
    (g) Other Council Authorities and Requirements.--
            (1) Staff assistance.--The council may request the 
        Secretary to provide staff assistance to the council from 
        Federal employees under the jurisdiction of the Secretary.
            (2) Meetings.--All meetings of the council shall be 
        announced at least one week in advance in a local newspaper of 
        record and shall be open to the public.
            (3) Records.--The council shall maintain records of the 
        meetings of the council and make the records available for 
        public inspection.
            (4) Relation to other law.--The council shall be exempt 
        from the provisions of the Federal Advisory Committee Act (5 
        U.S.C. App.).

SEC. 6. RELATION TO NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

    (a) Charter.--
            (1) Preparation.--Not later than 60 days after the 
        appointment of all of the members to the community management 
        council, the Secretary shall begin to develop a ``Charter'' for 
        the covered National Forest System lands, notwithstanding the 
        requirements of the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.).
            (2) Role of council.--The Secretary shall prepare the 
        Charter and any amendment thereto, with the advice and 
        cooperation of the council.
    (b) Content.--The Charter for the demonstration project shall 
address the following:
            (1) Land and resource management goals and objectives for 
        the covered National Forest System lands, including desired 
        landscape conditions and management outcomes and outputs, to be 
        realized during the term of the demonstration project, and at 
        various intervals thereof.
            (2) Standards and guidelines for achieving the land and 
        resource management goals and objectives.
            (3) A monitoring plan to ensure that project level 
        activities are consistent with the land and resource management 
        goals and objectives and related standards and guidelines.
    (c) Legal Requirements.--Upon establishment, the Secretary shall 
carry out only those projects and activities on the covered National 
Forest System lands that are consistent with the requirements of this 
Act and the Charter.
    (d) Adoption.--The Charter shall be considered as operative upon 
the approval of the Secretary and the majority of the members of the 
council.
    (e) Effect of Adoption.--
            (1) Consistent projects and activities.--If the Secretary 
        determines that a proposed project or activity under the 
        demonstration project is consistent with the requirements of 
        this Act and the Charter, the Secretary shall not be required 
        to do additional analysis under the National Environmental 
        Policy Act of 1969 with regard to the project or activity 
        notwithstanding other regulations, policies, and other 
        administrative directives.
            (2) Inconsistent projects and activities.--If the Secretary 
        determines that a proposed project or activity under the 
        demonstration project is not consistent with the requirements 
        of this Act and the Charter, the Secretary may not approve the 
        proposed project or activity unless--
                    (A) the project or activity is revised so as to be 
                compatible with the Charter; or
                    (B) the Charter is amended, by the Secretary and a 
                majority of the members of the council, so that the 
                project or activity is compatible with the charter.
    (f) Challenge.--
            (1) Authority to file.--If an individual or entity that 
        meets the standing requirements necessary to challenge a 
        determination of the Secretary under subsection (e) disagrees 
        with the Secretary's determination regarding the compatibility 
        of a project or activity with the Charter, the person may file 
        a predecisional objection under section 7 with the Secretary.
            (2) Response.--If the Secretary, after consultation with 
        the council, agrees with the appellant that the project or 
        activity is not compatible with the Charter, the Secretary may 
        not conduct the project or activity unless--
                    (A) the project or activity is revised, as provided 
                in subsection (e)(2)(A); or
                    (B) the Charter is amended, as provided in 
                subsection (e)(2)(B).

SEC. 7. PREDECISIONAL REVIEW PROCESS FOR DEMONSTRATION PROJECT.

    (a) In General.--The Secretary shall promulgate rules to establish 
a predecisional review process that would be used during the term of 
Charter forest demonstration project in connection with site-specific 
projects for the covered National Forest System lands.
    (b) Required Elements of Predecisional Review.--
            (1) Notice.--The rules required by subsection (a) shall 
        provide for notice of a proposed decision and an opportunity to 
        request review before a final decision on a site-specific 
        project is made.
            (2) Right to request a predecisional review.--For a period 
        not to exceed 30 days from the date notice is provided pursuant 
        to paragraph (1), review of a proposed decision may be 
        requested by any individual or entity, but only if the 
        individual or entity is resident or domiciled in the State of 
        Colorado.
            (3) Completion of review.--The review of a request for 
        predecisional review shall be completed before issuance of a 
        final decision regarding the project at issue. The review shall 
        be completed within 30 days after the date the request was 
        submitted.
    (c) Exemption.--The Secretary may exempt any proposed decision 
responding to an unexpected or serious event that would provide relief 
from hazards threatening human health, property, and safety, natural 
resources, forest health, or to provide for rehabilitation and recovery 
of forest resources, from the predecisional review rules prescribed 
under this section.
    (d) Exhaustion of Predecisional Review Process.--Notwithstanding 
any other provision of law, an individual or entity must exhaust the 
predecisional review process before the individual or entity may bring 
an action in court challenging a site-specific project under the 
demonstration project.
    (e) Presumption.--In any predecisional review of a management 
activity under the demonstration project, the official or 
administrative entity responsible for the review or the court with 
jurisdiction over litigation resulting from the review shall give 
deference to the expert judgment of the Secretary in identifying and 
interpreting the scientific data that is the basis for the activity.
    (f) Relation to Forest Service Decision Making and Appeals 
Reform.--Section 322 of the Department of the Interior and Related 
Agencies Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612 
note), shall not apply to activities conducted under the demonstration 
project.

SEC. 8. STEWARDSHIP CONTRACTING AUTHORITY.

    (a) Use of Existing Demonstration Authority.--During the term of 
the Charter forest demonstration project, the Secretary may enter into 
stewardship and end result contracts for the covered National Forest 
System lands in accordance with section 347 of the Department of the 
Interior and Related Agencies Appropriations Act, 1999 (as contained in 
section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 
note), to accomplish the land management goals specified in subsection 
(b) of such section.
    (b) Additional Contracts.--The contracts entered into under the 
authority of subsection (a) shall be in addition to the stewardship and 
end result contracts authorized under such section 347, section 338 of 
the Department of the Interior and Related Agencies Appropriations Act, 
2001 (Public Law 106-291; 16 U.S.C. 2104 note), or any other provision 
of law.

SEC. 9. RETENTION AND USE OF RECEIPTS.

    (a) Retention.--During the term of the Charter forest demonstration 
project, the Secretary shall retain the monetary proceeds from 
commercial timber sales, special use permit fees, and all other 
receipts derived from the covered National Forest System lands and any 
funds appropriated with respect to the covered National Forest System 
lands. Such receipts and funds shall not be subject to overhead 
assessments.
    (b) Use.--The Secretary shall use the funds for projects for the 
covered National Forest System lands, with priority placed on projects 
related to forest health, insect eradication, environmental 
restoration, watershed protection, hazardous fuels reduction, and 
disease and invasive species control.
    (c) Role of Council.--The Secretary shall consult with the council 
in selecting projects under this section.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS; OFFSET.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $5,000,000 for each of the fiscal years 
2009 through 2019 to implement this Act.
    (b) Sense of Congress Regarding Offset.--It is the sense of 
Congress that, to offset the funds appropriated to implement this Act 
for a fiscal year, the Forest Service land acquisition budget for that 
fiscal year should be reduced by an equal amount.
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