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.

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.

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.

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.

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.).

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).

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.

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.

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.

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.