1.Short title; table of contents
(a)This Act may be cited as the
Oregon Eastside Forests Restoration,
Old Growth Protection, and Jobs Act of 2009
.
(b)The table of contents of this Act is as
follows:
Sec. 1. Short title;
table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Forest management.
Sec. 5. Watershed management.
Sec. 6. Roads.
Sec. 7. Eastside Forest Scientific and Technical Advisory
Panel.
Sec. 8. Eastside Landscape Forest Restoration
Assessment.
Sec. 9. Ecological restoration projects.
Sec. 10. Collaboration.
Sec. 11. Environmental analysis and expedited administrative
review.
Sec. 12. Biomass.
Sec. 13. Local contracting.
Sec. 14. Administration.
Sec. 15. Authorization of appropriations.
2.The purposes of this Act are—
(1)to conserve and restore the eastside
forests of the State;
(2)to create an immediate, predictable, and
increased timber flow to support locally based restoration economies;
(3)to make the eastside forests of the State
more resistant and resilient to, and to mitigate the effects of, climate
change;
(4)to protect, restore, and increase old
growth forest stands and trees in the eastside forests of the State;
(5)to expedite actions to conserve and restore
forests in the eastside forests of the State that achieve ecological objectives
and provide economic and social benefits;
(6)to promote collaboration in communities of
the eastside forests of the State to support natural resource- and
restoration-based economies;
(7)to streamline administrative processes for
ecological restoration projects in the eastside forests of the State that
result in improved forest and watershed health;
(8)to conserve and restore the ecological
health and natural processes of aquatic and riparian ecosystems and watersheds
in the State;
(9)to prioritize and strategically target
restoration projects to improve forest and watershed health in old growth
forests—
(A)with uncharacteristic conditions;
and
(B)located in the eastside forests of the
State;
(10)to provide periodic independent review of
agency programs in carrying out this Act;
(11)to recognize that the threats to forest
health, watershed health, and rural economies have reached an emergency status;
and
(12)to ensure that Federal land managers in the
State are good neighbors to private landowners.
3.In this Act:
(1)The term advisory
panel means the Eastside Forest Scientific and Technical Advisory Panel
established under section 7(a).
(2)The term collaborative group
means an ad hoc association—
(A)described in section 10; and
(B)comprised of citizens of the State
who—
(i)represent various interests of the State;
and
(ii)as a condition of membership in the
collaborative group, have agreed to work cooperatively to effectuate the
purposes of this Act.
(3)The term covered area means
any area of the State that is—
(A)managed by the Chief of the Forest Service;
and
(B)not covered by the Northwest Forest
Plan.
(4)The term decommission means
the conduct of a restoration activity on a road to return the road to a more
natural state.
(5)The term emergency condition
means a condition—
(A)that results in an—
(i)imminent risk to life or property;
or
(ii)immediate impairment of the public use and
enjoyment of a trail, road, highway, or public facility; and
(B)with respect to subparagraph (A)(ii), the
probability of effective remediation of which outweighs the benefits of the
knowledge of the public (including the benefits of public comment) regarding
the condition, as determined by the Secretary.
(6)The term forest health means
conditions that enable forested land—
(A)to be durable, resilient, and less prone to
uncharacteristic wildfire, insect, or pathogen outbreaks, while—
(i)supporting ecosystem services and
populations of native species; and
(ii)allowing for natural disturbances;
(B)to maintain or develop species composition,
ecosystem function and structure, hydrologic function, carbon cycling, and
sediment regimes that are within an acceptable range that considers—
(i)historic variability; and
(ii)anticipated future conditions; and
(C)to be resistant and resilient to
uncharacteristic events.
(7)The term forest plan means a
National Forest management plan under the National Forest Management Act of
1976 (16 U.S.C. 1600 et seq.).
(8)The term forest stand means a
contiguous area of trees that are sufficiently uniform in composition,
constitution, age, spatial arrangement, structure, or condition to be
distinguishable as a unit.
(9)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).
(10)The term INFISH means the land
and resource management plan amendments made before the date of enactment of
this Act arising from the document—
(A)entitled Inland Native Fish
Strategy
;
(B)published by the Department of Agriculture;
and
(C)dated July 28, 1995.
(11)The term landscape scale means
a scale that—
(A)applies to a large geographic area that is
normally measured in terms of a watershed of approximately 25,000 acres or a
subbasin of approximately 1,000,000 acres; and
(B)may exhibit similarities that enable
Federal forest managers to develop and implement management activities to
address issues relating to—
(i)potential natural vegetation;
(ii)surface features;
(iii)water flow or distribution;
(iv)wildlife; and
(v)natural disturbances associated with
flooding, wind, or fire.
(12)The term National Forest
System has the meaning given the term in section 11(a) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(13)The term Northwest Forest Plan
means the plan that is comprised of—
(A)the Final Supplemental Environmental Impact
Statement on Management of Habitat for Late-Successional and Old-Growth Forest
Related Species Within the Range of the Northern Spotted Owl (2 volumes), dated
February 1994;
(B)the Record of Decision for Amendments to
Forest Service and Bureau of Land Management Planning Documents Within the
Range of the Northern Spotted Owl, dated April 1994; and
(C)the Standards and Guidelines for Management
of Habitat for Late-Successional and Old-Growth Forest Related Species Within
the Range of the Northern Spotted Owl, dated April 1994.
(14)The term old growth means the
oldest stage at which a plant community or a tree is capable of existing on a
site, given the frequency of natural disturbance events.
(15)The term PACFISH means the
land and resource management plan amendments made before the date of enactment
of this Act arising from the document—
(A)entitled PACFISH–Implementation of
Interim Strategies for Managing Anadromous Fish Producing Watersheds in Eastern
Oregon and Washington, Idaho, and Portions of California
;
(B)published by—
(i)the Department of Agriculture; and
(ii)the Department of the Interior; and
(C)dated February 24, 1995.
(16)The term permanent
road means a road—
(A)constructed, reconstructed, maintained, or
operated on; and
(B)that is determined by the Secretary to be
for an ongoing continuous or periodic use.
(17)
(A)The term plant association
means a description of the vegetation community that—
(i)would potentially, in the absence of a
disturbance, occupy a site; and
(ii)may be aggregated into 1 or more groups
based on similarities in plant species, composition, environment, and
productivity.
(B)The term plant association
includes, with respect to a forested site, species representing tree, shrub,
and herbaceous layers.
(18)The term restoration activity,
with respect to the decommissioning of a road, includes—
(A)the reestablishment of former drainage
patterns;
(B)the stabilization of slopes;
(C)the restoration of vegetation;
(D)the blocking of each entrance to the
road;
(E)the installation of water bars;
(F)the removal of culverts;
(G)the reestablishment of
drainage-ways;
(H)the removal of unstable fills;
(I)the pulling back of road shoulders;
(J)the scattering of slash on the
roadbed;
(K)the elimination of the roadbed through the
restoration of natural contours and slopes; and
(L)any other method that is designed to
address each specific condition of the road.
(19)The term restoration
assessment means the Eastside Landscape Forest Restoration Assessment
prepared under section 8(a).
(20)The term Secretary means the
Secretary of Agriculture (acting through the Chief of the Forest
Service).
(21)The term State means the State
of Oregon.
(22)The term temporary
road means a road that is—
(A)constructed or reconstructed as part of any
project; and
(B)not a permanent road, as determined by the
Secretary.
(23)The term uncharacteristic
means, with respect to a wildfire, outbreak of insects or pathogens, or a level
of forest fuel, a wildfire, outbreak, or level of fuel the severity, size,
frequency, or quantity of which exceeds any similar natural process, event, or
condition as in existence before the date of Euro-American settlement of the
land on which the wildfire, outbreak, or level of fuel occurs.
(24)The term watershed health
means landscape conditions that enable riparian and aquatic ecosystems—
(A)(i)to capture, store, and release water,
sediment, wood, and nutrients; and
(ii)to provide for water temperatures that are
within the range of variability of the natural regimes for the processes
described in clause (i); and
(B)to create and sustain functional riparian,
aquatic, and wetland habitats that are capable of supporting diverse
populations of native aquatic- and riparian-dependent species.
(25)The term wildland-urban
interface has the meaning given the term in section 101 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511).
4.
(a)
(1)For the covered area, after considering the
best available science, the Secretary shall manage the forest, stream,
grassland, wetland, alpine, and other land and water located in the covered
area—
(A)to conserve and restore the health, natural
structure, processes, and functions of the forests and watersheds located in
the covered area;
(B)to reduce the risk of uncharacteristic
disturbances from fire, insects, and disease;
(C)to allow for characteristic natural
disturbances; and
(D)to increase the resistance and resiliency
of the covered land to uncharacteristic events.
(2)
(A)To achieve each goal described in paragraph
(1), the Secretary shall—
(i)use landscape scale planning to implement
ecological restoration projects in the covered area; and
(ii)carry out the implementation of each
ecological restoration project activity of the Secretary in a manner consistent
with the advice of the advisory panel.
(B)In carrying out projects and other
activities to achieve each goal described in paragraph (1), the Secretary shall
consider methodologies that could potentially help achieve—
(i)reduced basal areas in overstocked forest
stands;
(ii)increased mean diameter of forest
stands;
(iii)a forest composition that focuses on more
fire- and drought-tolerant species;
(iv)restored historical levels of within-forest
stand spatial heterogeneity;
(v)the conservation and restoration of old
growth;
(vi)a reduced risk from uncharacteristic
wildfire, disease, climate change, and competition;
(vii)the restoration and maintenance of historic
population levels of older trees;
(viii)the restoration of ecologically sustainable
forest stands and landscapes to incorporate characteristic forest stand
structures and older tree populations;
(ix)wood harvests to sustain adequate levels of
industry infrastructure;
(x)the maintenance of sustainable and
fire-resilient conditions in perpetuity through active management (including
management through prescribed or wildland fire and mechanical
activities);
(xi)ecologically appropriate spatial complexity
(including a range of open to dense forest patches at scales from the forest
stand to the landscape);
(xii)spatial heterogeneity as an essential
element in restoring and sustaining forests and landscapes;
(xiii)nonuniform effects by avoiding extensive
areas of uniform treatment except for certain treatments (such as broadcast
burns) that are carried out to enhance the spatial heterogeneity of the forest
site;
(xiv)increased stakeholder participation through
collaborative groups; and
(xv)appropriate understory plant community
composition and condition, including—
(I)the restoration and maintenance of native
ground cover; and
(II)the reduction of the potential for exotic
and other invasive species.
(b)Prohibitions on removal of certain
trees
(1)Subject to paragraph (2) and except as
provided in paragraph (3), the Secretary shall prohibit the cutting or removal
of any live tree located in the covered area, the diameter of which exceeds 21
inches measured at breast height.
(2)The Secretary shall prohibit the cutting or
removal of a live tree located in the covered area, the diameter of which is
less than 21 inches measured at breast height, if the Secretary determines that
the prohibition is—
(A)consistent with the goals described in
subsection (a)(1);
(B)consistent with the advice relating to the
conservation and restoration of old growth provided by the advisory panel;
and
(C)carried out in consultation with the
affected collaborative group.
(3)
(A)The Secretary shall permit the cutting or
removal of a tree described in paragraph (1) if the Secretary determines that
the cutting or removal of the tree is—
(i)consistent with the goals described in
subsection (a)(1);
(ii)consistent with the advice relating to the
conservation and restoration of old growth provided by the advisory panel;
and
(iii)carried out in consultation with the
affected collaborative group.
(B)
(i)The Secretary shall permit the cutting or
removal of a tree described in paragraph (1) or (2) if the Secretary determines
that the cutting or removal of the tree is—
(I)necessary to protect any life or
property;
(II)necessary to provide for safe
administration or facilitate public enjoyment; and
(III)necessary and incidental to any valid use
of National Forest System land if the Secretary avoids cutting protected trees
to the maximum extent practicable.
(ii)
(I)Subject to subclause (II), the Secretary
shall provide to the public and each affective collaborative group notice and
an opportunity to comment before determining the existence of any exception
described in clause (i).
(II)Subclause (I) shall not apply in the case
of an emergency condition.
5.
(a)Delineation of riparian habitat
conservation areasEach
riparian habitat conservation area shall be delineated in each watershed for
all permanently flowing streams, lakes, wetlands, seeps, springs, and
intermittent streams as follows:
(1)The stream and the area on either side of
the stream extending from the edges of the active stream channel to—
(A)the top of the inner gorge;
(B)the outer edges of the 100-year
floodplain;
(C)the outer edges of riparian vegetation;
and
(D)the greater of—
(i)a distance equal to the height of 2
site-potential trees; or
(ii)a slope distance of not less than 300 feet
(600 feet, including both sides of the stream channel).
(2)Permanently flowing nonfish bearing
streamsThe stream and the
area on either side of the stream extending from the edges of the active stream
channel to—
(A)the top of the inner gorge;
(B)the outer edges of the 100-year flood
plain;
(C)the outer edges of riparian vegetation;
and
(D)the greater of—
(i)a distance equal to the height of 1
site-potential tree; or
(ii)a slope distance of not less than 150 feet
(300 feet, including both sides of the stream channel).
(3)Ponds, lakes, reservoirs, and wetlands
greater than 1 acreThe body
of water or wetland and the area to—
(A)the outer edges of the riparian
vegetation;
(B)the extent of the seasonally saturated
soil;
(C)the extent of moderately and highly
unstable areas; and
(D)the greater of—
(i)a distance equal to the height of 1
site-potential tree; or
(ii)a slope distance from the greater
of—
(I)the edge of the maximum pool elevation of
constructed ponds and reservoirs; or
(II)the edge of the wetland, pond, or
lake.
(4)Seasonally flowing or intermittent streams,
wetlands less than 1 acre, landslides, and landslide-prone areas
(A)In accordance with subparagraph (B), the
riparian conservation area described in this paragraph shall include features
with high variability in size and site-specific characteristics.
(B)At a minimum, the riparian conservation
area described in this paragraph shall include—
(i)the extent of landslide and landslide-prone
areas;
(ii)the intermittent stream channel and the
area to the top of the inner gorge;
(iii)the intermittent stream channel or wetland
and the area to the outer edges of the riparian vegetation;
(iv)with respect to key and priority
watersheds, as identified under PACFISH and INFISH, the area from the edges of
the stream channel, wetland, landslide, or landslide-prone area to a distance
equal to the greater of—
(I)the height of 1 site-potential tree;
or
(II)a slope distance of not less than 100 feet;
and
(v)for watersheds not identified as key and
priority watersheds, as identified under PACFISH and INFISH, the area from the
edges of the stream channel, wetland, landslide, or landslide-prone area to a
distance equal to the greater of—
(I)the height of 1 site-potential tree;
or
(II)a slope distance of not less than 50
feet.
(b)
(1)Within each parcel of National Forest
located within the covered area, the Secretary shall conserve and restore
aquatic and riparian resources as required by each applicable land and resource
management plan, as amended by PACFISH and INFISH.
(2)The Secretary may modify the aquatic and
riparian protection requirements of any land and resource management plan that
applies to the covered area if the Secretary determines, after taking into
consideration the best available science, that a modification to PACFISH or
INFISH, as appropriate, would provide equivalent or additional protection with
respect to aquatic or riparian resources.
(c)In determining whether a portion of a
project may occur in a riparian habitat conservation area, the Secretary may
permit short-term negative effects to aquatic or riparian conditions from
activities within the riparian habitat conservation area if the project is
designed—
(1)in a manner that takes into consideration
the best available science; and
(2)to accomplish the long-term restoration of
the riparian habitat conservation area.
(d)Nothing in this Act—
(1)supersedes any biological opinion that
addresses any land and resource management plan, as amended by PACFISH or
INFISH with respect to the covered area; or
(2)modifies any requirement described in the
Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
6.
(a)Permanent roads limitation
(1)Except as provided in paragraph (2), the
Secretary may not construct a permanent road in the covered area.
(2)The Secretary may construct a permanent
road under paragraph (1) if—
(A)the Secretary determines that—
(i)the road is a justifiable realignment,
restoration, or correction to the placement of a permanent road that is—
(I)in existence as of the date of enactment of
this Act; and
(II)to be decommissioned; and
(ii)the health of the affected forest or
watershed would be improved through the replacement of the road decommissioned
under clause (i)(II); or
(B)the permanent road is incidental to other
valid uses relating to the National Forest System land on which the permanent
road is constructed if the Secretary, if no practicable alternative exists,
avoids the siting of the uses in any area that contains trees protected under
section 4(b).
(3)Requirements for constructed permanent
roadsWith respect to each
permanent road constructed under this section, the Secretary shall ensure that
the effects on the health of each affected forest and watershed shall be
mitigated in a manner that—
(A)is consistent with the best management
practices; and
(B)takes into consideration the best available
science.
(4)Classification of constructed and
reconstructed roadsThe
Secretary may not classify as permanent any road that is constructed or
reconstructed under this section if the Secretary determines that the Secretary
will remove and remediate the road by the completion date of the project that
required the construction or reconstruction of the road.
(b)Temporary roads limitation
(1)In accordance with paragraph (2), the
Secretary may construct a temporary road—
(A)if the Secretary—
(i)determines that—
(I)the construction of the temporary road
would further the goals described in section 4(a)(1); and
(II)after consideration of both ecological and
economic criteria, the construction of the temporary road would be reasonable;
and
(ii)carries out the construction of the road in
a manner consistent with any advice or recommendation relating to roads
submitted to the Secretary by the advisory panel; or
(B)if the Secretary determines that the
temporary road is incidental to other valid uses relating to the National
Forest System land on which the temporary road is constructed if the Secretary,
to the maximum extent practicable, avoids the siting of the uses in any area
that contains trees protected under section 4(b).
(2)Requirements for constructed temporary
roads
(A)With respect to each temporary road
constructed under this section, the Secretary shall ensure that the effects to
the health of each affected forest and watershed shall be mitigated in a
manner—
(i)consistent with the best management
practices; and
(ii)that takes into consideration the best
available science.
(B)As soon as practicable after the completion
date of a project the conduct of which required the construction of a temporary
road, the Secretary shall decommission the temporary road.
(3)Classification of temporary
roadsThe Secretary may not
classify as permanent any temporary road described in this subsection unless
the Secretary constructs the permanent road in a manner consistent with
subsection (a).
(c)
(1)In developing ecological restoration
projects under this Act, the Secretary shall—
(A)examine opportunities for, and achieve, a
net reduction in the permanent road system; and
(B)to the maximum extent practicable, improve
forest and watershed health.
(2)Reduction of existing roadsIn decommissioning and closing nonessential
roads pursuant to the restoration assessment or an ecological restoration
project, the Secretary shall, to the maximum extent practicable, improve forest
and watershed health.
7.Eastside Forest Scientific and Technical
Advisory Panel
(a)Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish an advisory panel—
(1)to be known as the Eastside Forest
Scientific and Technical Advisory Panel
; and
(2)to advise periodically the Secretary,
collaborative groups, and the public regarding the development and
implementation of—
(A)forest and watershed management
goals;
(B)the restoration assessment; and
(C)ecological restoration projects.
(b)
(1)The advisory panel shall be composed of 7
members, each of whom shall be appointed by the Secretary, in consultation with
the appropriate committees of Congress.
(2)
(A)In appointing individuals under paragraph
(1), the Secretary shall ensure that—
(i)the advisory panel shall consist of
individuals representing experts recommended by an institution of higher
education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))) or a professional society; and
(ii)each individual possesses expertise in a
field relating to—
(I)forest ecology;
(II)wildlife ecology;
(III)aquatic and riparian ecology;
(IV)silviculture;
(V)road and logging engineering;
(VI)ecological restoration;
(VII)wildland fire;
(VIII)ecosystem services economics;
(IX)timber economics;
(X)invasive species;
(XI)soil science and geology;
(XII)water quantity and water quality;
(XIII)hydrology; or
(XIV)forest carbon life-cycle.
(B)In appointing individuals under paragraph
(1), the Secretary shall ensure that the collective appointment of the
individuals will result in—
(i)the representation of a broad array of
fields described in subparagraph (A)(ii); and
(ii)through the collaboration of the
individuals appointed under paragraph (1) with scientific, professional, or
technical experts, a broad coverage of the fields described in subparagraph
(A)(ii).
(c)
(1)
(A)Not later than 180 days after the date on
which the Secretary establishes the advisory panel under subsection (a), the
advisory panel shall submit to the Secretary and make available to the public a
report that contains recommendations regarding the manner by which the
Secretary may best achieve the goals described in section 4(a)(1).
(B)In carrying out subparagraph (A), the
advisory panel shall ensure that the recommendations contained in the
report—
(i)are based on the best available science;
and
(ii)provide management guidance to the
Secretary regarding—
(I)various plant association groups;
(II)the differing qualities to be protected and
restored in each plant association group;
(III)terrestrial, aquatic, riparian, wildlife,
fish, vegetation, soil, carbon, and other resources to be protected;
(IV)the types of restoration necessary and
desirable to restore forest and watershed health (including thinning,
prescribed and natural fire, and other appropriate activities);
(V)instances during which the cutting of trees
described in section 4(b)(3)(A) would generally be considered to be
scientifically appropriate;
(VI)instances during which the cutting of trees
described in section 4(b)(2) would generally not be considered to be
scientifically appropriate; and
(VII)the size and scope of necessary interim,
experimental, and ecological restoration projects.
(2)
(A)Subject to subparagraph (B), to the maximum
extent practicable, the advisory panel shall achieve a consensus with respect
to each recommendation included in the report under paragraph (1).
(B)Inclusion of dissenting
opinionsIf the advisory
panel fails to achieve a consensus with respect to any recommendation included
in a report under paragraph (1), the advisory panel shall include in the report
each dissenting opinion relating to the recommendation to enable the Secretary
to consider each opinion in making a management determination.
(d)
(1)Not later than 5 years after the date of
enactment of this Act, the advisory panel shall submit to the appropriate
committees of Congress a report that contains—
(A)an evaluation by the advisory panel with
respect to the implementation and effectiveness of this Act; and
(B)recommendations to improve the
implementation or effectiveness of this Act (including any appropriate
legislative action) to further the purposes and goals of this Act.
(2)In preparing the report under paragraph
(1), the advisory panel shall—
(A)conduct an assessment regarding the
implementation and effectiveness of this Act with respect to—
(i)quantitative and qualitative improvements
to forest and watershed health, including resiliency, aquatic function, and the
restoration of plant composition, structure, and function in the covered
area;
(ii)the development of—
(I)ecological restoration projects;
(II)landscape scale planning efforts;
and
(III)biomass utilization; and
(iii)the maintenance of industry infrastructure;
and
(B)determine whether tree protection criteria
not based on a diameter limitation would provide a stronger ecological basis
for cutting prohibitions, including whether switching to age-based or other
criteria would—
(i)be feasible to administer; and
(ii)provide a more scientifically sound basis
to protect forest and watershed health.
(e)
(1)As soon as practicable after the date of
receipt of the report under subsection (d)(1), the Secretary shall provide to
the public notice and an opportunity to comment on the report.
(2)Not later than 90 days after the date of
receipt of the report under subsection (d)(1), the Secretary shall—
(A)prepare a detailed summary of the comments
received under paragraph (1);
(B)submit in the report described in
subsection (d)(1) the summary described in subparagraph (A); and
(C)make available to the public the report and
the summary in a variety of sources, including online.
8.Eastside Landscape Forest Restoration
Assessment
(a)Not later than 2 years after the date of
enactment of this Act, in consultation with each applicable collaborative
group, the Secretary shall prepare an assessment to be known as the
Eastside Landscape Forest Restoration Assessment
.
(b)In preparing the restoration assessment,
the Secretary shall—
(1)consider—
(A)the best available science; and
(B)each applicable recommendation provided by
the advisory panel;
(2)consider and address forest and watershed
health by plant association group or watershed;
(3)characterize the health of forests and
watersheds;
(4)identify any measure necessary to restore
forest and watershed health;
(5)identify 1 or more proposed ecological
restoration project areas;
(6)assess the road network in existence as of
the date of enactment of this Act to determine present and future needs, based
on consideration of—
(A)projected funding levels; and
(B)methods to hydrologically and ecologically
restore land and water by—
(i)decommissioning unnecessary and undesirable
roads; and
(ii)reducing the environmental impact of
necessary and desirable roads;
(7)establish baseline, ecological, economic,
and social conditions;
(8)prioritize restoration needs and ecological
restoration project areas; and
(9)evaluate local infrastructure, workforce
capacity needs, and local economic value potential relating to comprehensive
forest restoration.
(c)
(1)The restoration assessment shall contain a
10-year restoration plan that is comprised of activities the conduct of which
will provide for the comprehensive ecological restoration of forest and
watershed health.
(2)The Secretary shall prepare the restoration
assessment in a manner consistent with—
(A)the purposes of this Act;
(B)the goals described in section 4(a);
(C)sections 5 and 6;
(D)any appropriate guidance provided to the
Secretary by the advisory panel; and
(E)any other applicable law (including
regulations).
(d)In preparing the
restoration assessment, the Secretary shall provide to the public—
(1)a draft copy of the restoration assessment;
and
(2)notice and an opportunity to comment on the
draft copy of the restoration assessment.
(e)Each forest plan shall incorporate the
findings of the restoration assessment as each forest plan is revised or
amended.
9.Ecological restoration projects
(a)Ecological restoration projects
(1)Implementation of projectsAs soon as practicable after the date of
enactment of this Act, in accordance with the restoration assessment, and in
consultation with the each appropriate collaborative group, the Secretary shall
prepare, approve, and implement 1 or more ecological restoration
projects.
(2)The Secretary shall use landscape scale
planning for ecological restoration projects in the covered area.
(3)To the maximum extent practicable, in
defining a landscape located in the covered area, the Secretary shall—
(A)use natural geographical and biological
boundaries; and
(B)collaborate across administrative
boundaries as appropriate.
(4)
(A)In accordance with subparagraph (B), the
Secretary shall prioritize ecological restoration projects based on the degree
to which the ecological restoration project would improve forest and watershed
health, based on—
(i)dry and moist forest plant association
groups; and
(ii)the need to maintain the industry
infrastructure that is necessary to carry out restoration activities under this
Act.
(B)In carrying out subparagraph (A), the
Secretary shall consider the best available science and data in developing
projects and activities that would—
(i)minimize and reduce the risk of
uncharacteristic fire and insect outbreaks, particularly if critical components
and values are at risk, including—
(I)communities located in the applicable
wildland-urban interface; and
(II)valuable forest structures (including old
growth and older mature trees);
(ii)restore historic stand structure and
composition;
(iii)improve the fire resiliency of the
stand;
(iv)accelerate development of complex forest
structure in a young forest that has been simplified through past management,
including opportunities—
(I)to create spatial heterogeneity (including
the creation of skips and gaps) using mechanical treatments to create wildlife
habitat; and
(II)to retain biological legacies (including
large standing, downed, live, and dead trees);
(v)assist in the implementation of community
wildfire protection plans developed by at-risk communities (as those terms are
defined in section 101 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6511));
(vi)prioritize hazardous fuels reduction and
vegetation management efforts to forest stands at a high or moderate departure
from the historical range of variability; and
(vii)use the value of merchantable sawlogs and
biomass to help offset the cost of ecological restoration activities.
(b)
(1)The Secretary shall ensure that each forest
located in the covered area shall be the subject of not less than 1 ecological
restoration project that provides landscape scale work covering a gross
planning area of not less than 25,000 acres per year by the earlier of the date
that is—
(A)1 year after the date of completion of the
restoration assessment; or
(B)3 years after the date of enactment of this
Act.
(2)Each project described in paragraph (1)
shall provide a minimum quantity of timber based on the need to maintain a
sustainable industrial capacity to perform the ecological restoration
activities under this Act.
(3)
(A)Not later than 1 year after the date of
enactment of this Act and each year thereafter until the date on which the
interim period described in subsection (c) is concluded, the Secretary shall
submit to Congress a report on the progress of the restoration assessment and
the steps taken toward implementing ecological restoration projects.
(B)If the period
beginning on the date of enactment of this Act and ending on the date on which
the interim period described in subsection (c) is concluded is expected to
exceed 3 years, the Secretary shall include in the applicable reports under
subparagraph (A)—
(i)an explanation of the reasons for
noncompliance with the deadlines established under this Act; and
(ii)a description of further actions that are
necessary to implement this Act.
(c)
(1)Until the date on which the Secretary
initiates mechanical treatments under an ecological restoration project in an
applicable National Forest (after the date of completion of a restoration
assessment with respect to the ecological restoration project), the Secretary
shall prepare, approve, and implement interim projects for all vegetation
management contracts (including commercial timber sales and stewardship
contracts) for the National Forest that are consistent with—
(A)the prohibition on removal of certain trees
under section 4(b);
(B)each limit on activities carried out within
a riparian conservation area described in section 5(a);
(C)each limitation relating to permanent and
temporary roads under section 6; and
(D)each recommendation of the advisory panel
determined by the Secretary to be appropriate for the interim project.
(2)Until the date on which the Secretary
initiates mechanical treatments under an ecological restoration project within
an applicable National Forest located in the covered area, the conduct of an
interim project shall not be subject to any administrative appeal.
(3)Final decision of SecretaryThe final decision of the Secretary with
respect to any interim project shall be considered to be a final agency action
for the purpose of subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the Administrative Procedure
Act
).
(4)Not earlier than the date that is 35 days
after the date on which the Secretary makes a final decision with respect to an
interim project, ground or vegetation disturbing activities may be commenced
under the project.
(5)Implementation of interim projects
(A)For each fiscal year until the date on
which the Secretary initiates mechanical treatments under an ecological
restoration project within each National Forest located in the covered area, to
address immediately concerns regarding forest health and the maintenance of
industry infrastructure to carry out ecological restoration projects under this
Act, to the maximum extent practicable, the Secretary shall prepare, offer, and
promptly implement 1 or more interim projects, or other projects, that—
(i)are predominantly comprised of mechanical
treatment in the covered area—
(I)for the first fiscal year after the date of
enactment of this Act, on not less than 80,000 acres;
(II)for the subsequent fiscal year, on not less
than 100,000 acres; and
(III)for the subsequent fiscal year, on not less
than 120,000 acres; and
(ii)emphasize sawtimber as a byproduct.
(B)Until the date described in subparagraph
(A), the Secretary shall prioritize vegetation management, timber management,
and hazardous fuels reduction program activities within the covered area to
prepare, offer, and promptly implement interim projects in each National Forest
described in subparagraph (A).
(C)Location of treated acresTo the maximum extent practicable, the
Secretary shall distribute the total number of acres of the treatment required
under subparagraph (A) based on the proportion that—
(i)the quantity of acres of forest land within
the covered area at risk of uncharacteristic disturbances from fire, insects,
and disease outside of inventoried roadless areas in each National Forest;
bears to
(ii)the total quantity of acres of forest land
within the covered area so at risk outside of those inventoried roadless
areas.
(d)Experimental ecological restoration
projects
(1)Not later than 5 years after the date of
enactment of this Act, the Secretary shall prepare experimental ecological
restoration projects that are designed to use an age limitation that prohibits
the harvest of any tree the age of which is greater than 150 years.
(2)Applicability of cutting
limitationThe cutting
limitation described in section 4(b) shall not apply to any ecological
restoration project carried out under this subsection.
(3)
(A)In accordance with subparagraph (B), to
develop ecological restoration projects under this subsection, the Secretary
shall establish a protocol to efficiently identify tree age.
(B)In establishing the protocol under
subparagraph (A), the Secretary shall consider—
(i)sampling trees within stands;
(ii)establishing standards for use in
determining which stands meet applicable age definitions; and
(iii)providing for a review by the advisory
panel.
(4)
(A)As soon as practicable after the date
described in paragraph (1), in accordance with subparagraph (B), in
coordination with representatives of private industry and each applicable
collaborative group, the Secretary shall implement trial projects.
(B)The Secretary shall design and carry out
each trial project in accordance with recommendations provided to the Secretary
by the advisory panel to generate data to assist the advisory panel in
preparing the review required under section 7(d).
(C)The Secretary shall use data resulting from
the conduct of the trial projects—
(i)to examine the feasibility of implementing
age limits at a broader scale; and
(ii)to provide recommendations regarding the
manner by which future projects may be carried out more efficiently.
(D)The Secretary shall periodically submit to
the advisory panel a report describing the data described subparagraph (B) for
use in the review required under section 7(d).
10.
(a)
(1)The Secretary shall encourage the
establishment and maintenance of new and existing collaborative groups to
assist in—
(A)the development and implementation of the
restoration assessment and ecological restoration projects; and
(B)the implementation of this Act.
(2)
(A)To be considered by the Secretary to be a
recognized collaborative group for a specific area that is the subject of an
activity under this Act, a collaborative group shall submit to the Secretary an
application at such time, in such manner, and containing such information as
the Secretary may require.
(B)Standards for recognitionTo recognize a collaborative group under
subparagraph (A), the Secretary shall ensure that the collaborative
group—
(i)represents multiple interested individuals
who, in the aggregate, are comprised of diverse backgrounds and represent
various interests that include (at a minimum)—
(I)environmental organizations;
(II)timber and forest products industry
representatives; and
(III)county governments (including an alternate
designated community representative);
(ii)operates—
(I)in a transparent and nonexclusive manner;
and
(II)by consensus or in accordance with voting
procedures to ensure a high degree of agreement among participants and across
various interests; and
(iii)requires a level of participation
sufficient to ensure that members of the collaborative group are adequately
informed before each vote.
(C)Withdrawal of official recognition
(i)The Secretary shall promptly review any
complaint brought by any member of the public that alleges that a collaborative
group recognized under subparagraph (A) has failed to meet any requirement
described in subparagraph (B).
(ii)If the Secretary determines that an
allegation possesses adequate merit, the Secretary shall withdraw the
recognition of the collaborative group.
(3)The Secretary shall provide to the public
notice and an opportunity for comment regarding each proposed—
(A)recognition of a collaborative group;
and
(B)withdrawal of recognition of a
collaborative group.
(4)Role of collaborative groupsIn carrying out this Act, the Secretary
shall consider the recommendations of each collaborative group recognized under
paragraph (2).
(5)
(A)Authority of collaborative
groupsEach collaborative
group may monitor and evaluate each ecological restoration project carried out
under this Act.
(B)In carrying out an evaluation under
subparagraph (A), a collaborative group may assess each aspect of the
ecological restoration project, including—
(i)the status of the development, execution,
and administration of the ecological restoration project;
(ii)each specific accomplishment that has
resulted from the ecological restoration project; and
(iii)each ecological, economic, and social
benefit, and the cost, to local communities and the Federal Government
resulting from the ecological restoration project.
(C)A collaborative group may submit to the
advisory panel a report containing the results of the evaluation of the
ecological restoration project that is the subject of the evaluation.
11.Environmental analysis and expedited
administrative review
(a)With respect to each ecological restoration
project carried out in the covered area under this Act, the Secretary shall be
subject to each time line and process described in this section.
(b)
(1)Each ecological restoration project carried
out under this Act shall be subject to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(2)If the Secretary prepares for an ecological
restoration project an environmental impact statement or similar analysis
required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary shall, to
the maximum extent practicable, prepare an environmental impact statement in a
manner to ensure that not more than 1 statement is necessary.
(c)Public notice and comment
(1)Before the beginning of the public comment
period described in paragraph (4), the Secretary shall consult with
collaborative groups in developing ecological restoration projects.
(2)The Secretary shall provide informative
scoping documents to facilitate early and effective public involvement and
collaboration.
(3)To provide adequate notice to the public
during the scoping period, the Secretary shall, to the maximum extent
practicable, include the purpose and need, proposed action, each potential
issue, adequate maps, and any other necessary documentation to help the public
understand and comment on the location of proposed treatments, and the scope of
each ecological restoration project, under this Act.
(4)
(A)In accordance with subparagraph (B), the
Secretary shall provide notice and an opportunity for public comment on each
draft environmental impact statement or similar analysis prepared by the
Secretary under subsection (b)(2).
(B)In providing a period for public comment
under subparagraph (A), the Secretary shall—
(i)for each categorical exclusion, provide a
period of not less 15 days;
(ii)for each environmental assessment, provide
a period of not less than 30 days; and
(iii)for each environmental impact statement,
provide a period of not less than 45 days.
(5)Preparation of final documentAfter taking into consideration each
comment received under paragraph (4), and the recommendations of each
applicable collaborative group, with respect to the ecological restoration
project, the Secretary shall—
(A)prepare a final document under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) covering the ecological restoration
project; and
(B)issue a proposed decision with respect to
the ecological restoration project.
(d)Objections to ecological restoration
projects
(1)Before issuing a final decision with
respect to an ecological restoration project under this Act, the Secretary
shall permit persons described in paragraph (2) to submit to the Secretary
objections with respect to a proposed decision relating to the ecological
restoration project during a 30-day period beginning on the date on which the
Secretary issues a proposed decision under subsection (c)(5)(B).
(2)A person may submit to the Secretary an
objection under paragraph (1) if the person submitted to the Secretary comments
during—
(A)the development of the ecological
restoration project that is the subject of the objection; or
(B)the comment period of the ecological
restoration project that is the subject of the objection.
(3)Objection resolution meeting
(A)Subject to a request by a person who
submitted an objection under paragraph (1) or by the Secretary, and the
acceptance by the party receiving the request, the person and the Secretary may
conduct an objection resolution meeting.
(B)Authority of applicable collaborative
groupMembers of a
collaborative group the jurisdiction of which covers land on which the conduct
of ecological restoration project that is the subject of an objection described
in subparagraph (A) is proposed may attend the objection resolution meeting
held under that subparagraph.
(4)Deadline for final determination
(A)Not later than 30 days after the completion
of the objection period described in paragraph (1), the Secretary shall make a
final determination with respect to each objection submitted to the Secretary
under paragraph (1).
(B)Failure to make final
determinationIf the
Secretary fails to make a final determination with respect to any objection
filed under paragraph (1) by the date that is 30 days after the date described
in that paragraph—
(i)the objection shall be considered to be
denied; and
(ii)the proposed decision that is the subject
of the objection shall be considered to be a final agency action for purposes
of subchapter II of chapter 5, and chapter 7, of title 5, United States Code
(commonly known as the Administrative Procedure Act
).
(5)
(A)If no objection is submitted under
paragraph (1), on the date that is 30 days after the date on which the public
comment period described in that paragraph terminates, the Secretary shall
implement each ecological restoration project that is the subject of the public
comment period.
(B)If an objection is submitted under
paragraph (1)—
(i)the Chief of the Forest Service may not
take any action to implement the ecological restoration project that is the
subject of the objection until the date on which a final determination is made
or considered to be made under paragraph (4); and
(ii)after the date on which a final
determination is made or considered to be made under paragraph (4), the Chief
of the Forest Service may implement the ecological restoration project that is
the subject of the objection.
(e)
(1)Expeditious completion of judicial
reviewIn the judicial review
of an action challenging an ecological restoration project developed under this
Act, Congress encourages the court of competent jurisdiction to expedite, to
the maximum extent practicable, the proceedings in the action with the goal of
rendering a final determination on jurisdiction, and (if jurisdiction exists) a
final determination on the merits, as soon as practicable after the date on
which a complaint or appeal is filed to initiate the action.
(2)Consideration of potential short- and
long-term effectsIn weighing
each equity during the consideration of any request for an injunction that
applies to an agency action with respect to an ecological restoration project
carried out under this Act, the court reviewing the ecological restoration
project shall consider the impact to the ecosystem that could potentially
result from—
(A)the short- and long-term effects of
undertaking the agency action; and
(B)the short- and long-term effects of not
undertaking the agency action.
(f)Implementation of ecological restoration
projectsGiven the large
backlog of acreage in need of ecological restoration in the covered area, the
Secretary shall promptly implement an ecological restoration project following
the final agency action.
(g)Any person who has submitted a comment
regarding an interim project or an ecological restoration project may intervene
in any legal action that challenges the interim project or ecological
restoration project.
12.
(a)Notwithstanding any other provision of law
(including regulations) relating to the use of biomass energy, in accordance
with each purpose and goal of this Act, and any applicable recommendation of
the advisory panel, the Secretary shall take such actions as are necessary to
further enhance the use of woody biomass in the covered area.
(b)Regional biomass projects
(1)On a determination by the Secretary that
forest conditions, commercial interests, and an adequate supply from a
combination of Federal and non-Federal sources indicate a viable economic
supply and demand for establishing a regional biomass project, the Secretary
may designate an area within the covered area in which—
(A)the removal of biomass is necessary to
restore forest health; and
(B)a sufficient volume of material is expected
to be available to support a 20 year-lifespan of capital investments for
biomass use.
(2)The Secretary shall develop an estimate of
the volume of biomass that—
(A)consists of slash, brush, and any tree that
does not exceed the minimum size standards for sawtimber; and
(B)can be supplied in a sustainable manner on
a contractual basis over a contract term of not more than 20 years.
(3)It is the sense of Congress that biomass
industries arising from the conduct of this subsection will rely on Federal and
non-Federal forests for the supply of raw materials.
(4)Upon the development of an estimate
required under paragraph (2), the Secretary may enter into a contract to supply
biomass over a term of not more than 20 years, with the option of making
adjustments after a period of 10 years based on supply conditions.
13.
(a)To carry out restoration projects under
this Act, the Secretary shall, to the maximum extent practicable, through
agreements or contracts, enter into stewardship contracting projects.
(b)An agreement or contract under subsection
(a) shall, to the maximum extent practicable, be in effect for a period of 20
years, with the option of adjustments after 10 years based on defined
benchmarks.
(c)Performance and payment
guaranteesThe Secretary may
require performance and payment bonds as the Secretary determines to be
appropriate, the amounts of which shall be reduced as the subject contractor
achieves benchmarks established by the Forest Service.
(d)In selecting a source for performance of an
agreement or contract under subsection (a), the Secretary shall—
(1)comply with section 347(c)(1) of the
Department of the Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 2104 note; Public Law 105–277);
(2)consider past performance relating to the
purposes and goals of this Act; and
(3)give preference to local businesses located
within a 100-mile radius of a National Forest where the project is
located.
14.
(a)Effect on treaties or other laws
(1)Nothing in this Act increases or diminishes
any right described in a treaty between an Indian tribe and the United
States.
(2)Except as otherwise provided in this Act,
nothing in this Act affects any Federal law (including regulations).
(3)Relationship to other authority
(A)The Secretary may use any authority
provided under another provision of law (other than this Act) to carry out
projects in a covered area.
(B)If the Secretary uses the authority
provided by sections 9 and 11 to carry out an interim or ecological restoration
project, the Secretary may not use authority provided under another provision
of law (other than this Act) to carry out the interim or ecological restoration
project.
(b)
(1)The Secretary shall select a Deputy
Regional Forester to serve as the principal agency contact for the
implementation of this Act.
(2)The Deputy Regional Forester shall—
(A)serve as the point-of-contact for—
(i)the advisory panel; and
(ii)each collaborate group;
(B)resolve disagreements between any
collaborative group and the forest officer that serves as the primary
point-of-contact of the collaborative group; and
(C)facilitate communications among—
(i)the advisory panel;
(ii)collaborative groups;
(iii)employees of the Forest Service; and
(iv)any other stakeholders (including the
public).
(c)To determine and ensure compliance with
this Act, the Secretary shall use the qualitative criteria described in section
4(a).
15.Authorization of appropriations
(a)There is authorized to be appropriated
$50,000,000 to carry out this Act, to remain available until expended.
(b)Not more than 3 percent of the amount made
available under subsection (a) may be used to pay for costs arising from
overhead expenses of the Department of Agriculture.
(c)
(1)Receipts from sales made under projects
authorized under this Act shall be retained and used by the Secretary to
conduct further planning and implementation of projects under this Act, without
further appropriation or fiscal year limitation.
(2)Nothing in this Act affects any other
Federal law governing the disposition of receipts.