[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 220 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 220

To provide for the restoration of forest landscapes, protection of old 
  growth forests, and management of national forests in the eastside 
                    forests of the State of Oregon.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 27, 2011

Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the restoration of forest landscapes, protection of old 
  growth forests, and management of national forests in the eastside 
                    forests of the State of Oregon.

    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 ``Oregon Eastside Forests Restoration, 
Old Growth Protection, and Jobs Act of 2011''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to conserve and restore the eastside National Forests 
        of the State;
            (2) to create an immediate, predictable, and increased 
        timber flow to support locally based restoration economies in 
        the communities of the eastside National Forests of the State;
            (3) to make the eastside National 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 National Forests of the State;
            (5) to promote collaboration in the communities of the 
        eastside National Forests of the State to respond to critical 
        threats to forest and watershed health and to support natural 
        resource- and restoration-based economies;
            (6) to prioritize, strategically target, and accelerate 
        projects to improve forest health and watershed health in old 
        growth forests located in the eastside National Forests of the 
        State; and
            (7) to provide the Secretary, collaborative groups, and the 
        public with independent scientific advice for restoring forest 
        health and watershed health in the eastside National Forests of 
        the State.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Advisory panel.--The term ``advisory panel'' means the 
        Eastside Forest Scientific and Technical Advisory Panel 
        established under section 6(a).
            (2) Collaborative group.--The term ``collaborative group'' 
        means a group of individuals that meets the requirements of 
        section 9(a)(2).
            (3) Covered area.--The term ``covered area'' means the area 
        selected by the Secretary under section 4(a)(1) that is--
                    (A) within the State; and
                    (B) not within the area covered by 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.
            (4) Emergency condition.--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, public 
                        facility, or public land; and
                    (B) with respect to subparagraph (A)(ii), the 
                urgency to address the emergency of which outweighs the 
                benefits of full notice and comment.
            (5) Forest health.--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, 
                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.
            (6) Forest stand.--The term ``forest stand'' means a 
        contiguous group of trees that are sufficiently uniform in age-
        class distribution, composition, and structure and that are 
        growing on a site of sufficiently uniform quality to be a 
        distinguishable unit.
            (7) Initiative.--The term ``Initiative'' means an 
        initiative established by the Secretary--
                    (A) to restore and improve the ecological 
                structure, composition, and function and the natural 
                processes of watersheds within the National Forest 
                System;
                    (B) to preserve and create local jobs in rural 
                communities that are located in or near National Forest 
                System land;
                    (C) to sustain the local wood products 
                infrastructure and community capacity that is necessary 
                for the appropriate management and restoration of 
                National Forest System land;
                    (D) to promote cooperation and collaboration in the 
                management of National Forest System land;
                    (E) to carry out collaborative projects to restore 
                forest health and watershed health and to reduce the 
                risk of uncharacteristic disturbances from fire, 
                insects, and disease to communities, watersheds, and 
                natural resources through a collaborative process of 
                planning, prioritizing, and implementing ecological 
                restoration, hazardous fuel reduction, and other 
                vegetation management projects;
                    (F) to collect information from the projects 
                carried out under this Act in an effort to better 
                understand the manner in which to improve forest 
                restoration and management activities; and
                    (G) under which not more than 15 National Forests 
                may be selected to participate.
            (8) National forest system.--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)).
            (9) Plant association.--
                    (A) In general.--The term ``plant association'' 
                means a description of a plant 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) Inclusion.--The term ``plant association'' 
                includes, with respect to a forested site, species 
                representing tree, shrub, and herbaceous layers.
            (10) Restoration assessment.--The term ``restoration 
        assessment'' means the Eastside Landscape Forest Restoration 
        Assessment prepared under section 7(a).
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture (acting through the Chief of the Forest 
        Service).
            (12) State.--The term ``State'' means the State of Oregon.
            (13) Uncharacteristic.--The term ``uncharacteristic'' means 
        a wildfire, insect, or pathogen outbreak or level of forest 
        fuel, the severity, size, frequency, or quantity of which 
        exceeds the historic range of variability.
            (14) Watershed area.--The term ``watershed area'' means 1 
        or more subwatersheds (also known as 6th code hydrologic 
        units).
            (15) Watershed health.--The term ``watershed health'' means 
        landscape conditions that enable riparian and aquatic 
        ecosystems--
                    (A) to capture, store, and release water, sediment, 
                wood, and nutrients;
                    (B) to provide for water temperatures that are 
                within the range of variability of the natural regimes 
                for the processes described in subparagraph (A); and
                    (C) to create and sustain functional riparian, 
                aquatic, and wetland habitats that are capable of 
                supporting diverse populations of native aquatic- and 
                riparian-dependent species.

SEC. 4. LAND MANAGEMENT.

    (a) Selection of Covered Area.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary may select all or part of 
        1 or more National Forests in the State as part of the 
        Initiative.
            (2) Term.--The selection under paragraph (1) shall be for a 
        period of 15 years.
            (3) Effect.--The provisions of this Act shall apply to the 
        covered area.
    (b) Land Management Goals.--
            (1) In general.--In the covered area, the Secretary shall, 
        considering the best available science, seek--
                    (A) to conserve and restore forest health, 
                watershed health, and other ecosystems;
                    (B) to reduce the risk of, and increase the 
                resistance and resiliency of the land to, 
                uncharacteristic disturbances;
                    (C) to allow for characteristic natural 
                disturbances; and
                    (D) to harvest wood to maintain adequate levels of 
                industry infrastructure to accomplish the goals 
                described in subparagraphs (A), (B), and (C).
            (2) Forest management.--To achieve the goals of paragraph 
        (1) in the forested land in the covered area, the Secretary 
        shall consider opportunities--
                    (A) to reduce the basal area in overstocked forest 
                stands;
                    (B) to increase the mean diameter of forest stands;
                    (C) to maintain or create a forest composition that 
                focuses on more fire- and drought-tolerant species;
                    (D) to restore historic levels of within-forest 
                stand spatial heterogeneity;
                    (E) to conserve and restore old growth;
                    (F) to conserve and restore population levels of 
                older trees;
                    (G) to conserve and restore ecologically 
                sustainable forest stands and landscapes to incorporate 
                characteristic forest stand structures and older tree 
                populations;
                    (H) to harvest wood and use the value of 
                merchantable sawlogs and biomass to help offset the 
                cost of improving forest health and watershed health;
                    (I) to restore or maintain sustainable and fire-
                resilient conditions in perpetuity through active 
                management (including management through prescribed or 
                wildland fire and mechanical treatments);
                    (J) to restore or maintain ecologically appropriate 
                spatial complexity (including a range of open to dense 
                forest patches at scales from the forest stand to the 
                landscape);
                    (K) to create nonuniform effects in carrying out 
                vegetation management projects 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;
                    (L) to restore or maintain ecologically appropriate 
                understory plant community composition and condition, 
                including--
                            (i) by restoring and maintaining native 
                        ground cover; and
                            (ii) by reducing the impacts of, and 
                        potential for, exotic and other invasive 
                        species; and
                    (M) to increase stakeholder participation through 
                collaborative groups.
    (c) Planning.--To help to achieve the goals described in subsection 
(b), the Secretary shall use landscape scale planning based on 
watershed areas as a tool to implement ecological restoration projects 
in the covered area.
    (d) Performance Goals.--
            (1) In general.--Not later than 180 days after the date on 
        which the Secretary selects the covered area, the Secretary, in 
        consultation with the relevant collaborative groups, may 
        establish performance goals, in addition to the goals that are 
        established by subsection (b), that the Secretary shall seek to 
        achieve consistent with the purposes of this Act and the goals 
        and opportunities described in subsection (b) for the covered 
        area.
            (2) Term.--Subject to paragraph (3), each performance goal 
        established under paragraph (1) shall be measured annually for 
        a period of 15 years.
            (3) Additions.--The Secretary may develop additional 
        performance goals that the Secretary determines to be 
        appropriate during the period established by paragraph (2).
            (4) Prioritization.--Subject to the limitations described 
        in section 11(b), the Secretary shall prioritize the vegetation 
        management and hazardous fuels reduction program activities in 
        the covered area to achieve the performance goals established 
        under this subsection.
            (5)  Restoration goals.--
                    (A) In general.--Within the covered area, 
                consistent with the goals, and after considering the 
                opportunities, described in subsection (b), the 
                Secretary shall, to the maximum extent practicable, 
                prepare, offer, and promptly implement projects, that--
                            (i) are predominantly comprised of 
                        mechanical treatment in the covered area that 
                        emphasize sawtimber as a byproduct; and
                            (ii) are conducted on--
                                    (I) for the first fiscal year after 
                                the date of enactment of this Act, not 
                                less than 39,000 acres;
                                    (II) for the subsequent fiscal 
                                year, not less than 58,000 acres; and
                                    (III) for each fiscal year 
                                thereafter until the fiscal year in 
                                which at least 1 ecological restoration 
                                project for each National Forest is 
                                initiated under section 8, not less 
                                than 80,000 acres.
                    (B) Annual goals.--
                            (i) In general.--Beginning in the first 
                        fiscal year after the date on which at least 1 
                        ecological restoration project is initiated for 
                        each National Forest under section 8 and each 
                        fiscal year thereafter until the date on which 
                        the Initiative is completed, the Secretary may, 
                        subject to clause (ii), set annual acreage 
                        performance goals for projects that are 
                        predominantly comprised of mechanical treatment 
                        in the covered area that emphasize sawtimber as 
                        a byproduct consistent with the goals, and 
                        after considering the opportunities, described 
                        in subsection (b).
                            (ii) Considerations.--In setting goals 
                        under clause (i), the Secretary shall 
                        consider--
                                    (I) the restoration assessment;
                                    (II) any specific recommendations 
                                of the advisory panel relating to 
                                acreage treatment needs; and
                                    (III) advice provided by a 
                                collaborative group relating to acreage 
                                treatment needs.
    (e) Prohibitions on Removal of Certain Trees.--
            (1) Larger trees.--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 is 21 
        inches or greater measured at breast height.
            (2) Smaller trees.--Except as provided in paragraph (3)(B), 
        the Secretary shall prohibit the cutting or removal of any live 
        tree located in the covered area, the diameter of which is less 
        than 21 inches measured at breast height, if the Secretary 
        determines, after considering the recommendations of the 
        advisory panel, that prohibiting the cutting or removal is 
        required to meet the goals described in subsection (b).
            (3) Exceptions.--
                    (A) Ecological exception.--The prohibitions 
                described in paragraph (1) shall not apply if the 
                Secretary, after considering the recommendations of the 
                advisory panel and consulting with each relevant 
                collaborative group, determines that the cutting or 
                removal of the tree would be consistent with the goals 
                described in subsection (b)(1).
                    (B) Administrative exception.--
                            (i) In general.--The prohibitions described 
                        in paragraphs (1) and (2) shall not apply if 
                        the Secretary determines that there is no 
                        reasonable alternative to the cutting or 
                        removal of the tree to provide for a safe 
                        administrative, public, or special use.
                            (ii) Notice requirement.--The Secretary 
                        shall provide to the public and each relevant 
                        collaborative group notice and an opportunity 
                        to comment before making a determination under 
                        clause (i), unless the Secretary determines 
                        that the cutting or removal of the tree is 
                        necessary to respond to an emergency condition.
    (f) Limitations on Road Construction.--In carrying out any 
vegetation management project in the covered area, the Secretary 
shall--
            (1) not construct any permanent road, unless the Secretary 
        determines that the road is a justifiable realignment of a 
        permanent road to restore or improve the ecological structure, 
        composition, and function and the natural processes of the 
        affected forest or watershed; and
            (2) by the earlier of the date on which the vegetation 
        management project is completed or the date that is 1 year 
        after the activities for which the road was constructed are 
        complete, decommission any temporary road constructed to carry 
        out the vegetation management project by--
                    (A) reestablishing vegetation on the road; and
                    (B) restoring any natural drainage, watershed 
                function, or other ecological processes that are 
                disrupted or adversely impacted by the road, including 
                by removing or hydrologically disconnecting the road 
                prism.

SEC. 5. WATERSHED MANAGEMENT.

    (a) Aquatic and Riparian Resources Management.--
            (1) In general.--Within the covered area, each vegetation 
        management project in an area delineated under subsection (b) 
        shall protect and restore the aquatic and riparian-dependent 
        resources of the delineated area.
            (2) Effects.--A project described in paragraph (1) may 
        result in short-term negative effects on the aquatic and 
        riparian-dependent resources of the delineated area if the 
        Secretary determines, after considering the best available 
        science, that the project would result in a net improvement to 
        the condition of those resources over the long-term.
    (b) Delineation of Areas.--
            (1) Fish-bearing streams.--The Secretary shall delineate 
        each permanently flowing fishbearing stream and the area 
        extending away from each edge of the active stream channel to 
        include--
                    (A) the top of the inner gorge;
                    (B) the outer edges of the 100-year floodplain;
                    (C) the outer edges of riparian vegetation;
                    (D) a distance equal to the height of 2 site-
                potential trees; and
                    (E) a slope distance of not less than 300 feet.
            (2) Permanently flowing non-fishbearing streams.--The 
        Secretary shall delineate each permanently flowing non-
        fishbearing stream and the area extending away from each edge 
        of the active stream channel to include--
                    (A) the top of the inner gorge;
                    (B) the outer edges of the 100-year flood plain;
                    (C) the outer edges of riparian vegetation;
                    (D) a distance equal to the height of 1 site-
                potential tree; and
                    (E) a slope distance of not less than 150 feet.
            (3) Ponds, lakes, reservoirs, and wetlands larger than 1 
        acre.--The Secretary shall delineate each pond, lake, 
        reservoir, and wetland larger than 1 acre and the area 
        extending away from the high-water edges to include--
                    (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;
                    (D) a distance equal to the height of 1 site-
                potential tree; and
                    (E) a slope distance of--
                            (i) if the area located in a watershed 
                        identified as key or priority under the 
                        applicable land and resource management plan, 
                        not less than 100 feet; or
                            (ii) not less than 50 feet.
            (4) Intermittent streams, wetlands less than 1 acre, 
        landslides, and landslide-prone areas.--The Secretary shall 
        delineate each wetland smaller than 1 acre, landslide, 
        landslide-prone area, intermittent stream channel, and the area 
        extending away from the edges of the wetland, landslide, 
        landslide-prone area, or intermittent stream channel to 
        include--
                    (A) the top of the inner gorge;
                    (B) the outer edges of the riparian vegetation;
                    (C) a distance equal to the height of 1 site-
                potential tree; and
                    (D) a slope distance of--
                            (i) if the area is located in a watershed 
                        identified as key or priority under the 
                        applicable land and resource management plan, 
                        not less than 100 feet; or
                            (ii) not less than 50 feet.
    (c) Aquatic and Riparian Protection.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall comply with the aquatic and riparian protection 
        requirements of the applicable land and resource management 
        plan in existence on the date of enactment of this Act in 
        carrying out each vegetation management project in the covered 
        area.
            (2) Modifications.--The Secretary may modify the aquatic 
        and riparian protection requirements described in paragraph (1) 
        if the Secretary determines, after considering the best 
        available science, that the modifications would meet or exceed 
        the goals of the aquatic and riparian protection requirements.

SEC. 6. EASTSIDE FOREST SCIENTIFIC AND TECHNICAL ADVISORY PANEL.

    (a) In General.--Not later than 120 days after the date on which 
the Secretary selects the covered area, the Secretary shall establish 
an advisory panel--
            (1) to be known as the ``Eastside Forest Scientific and 
        Technical Advisory Panel''; and
            (2) to advise the Secretary, collaborative groups, and the 
        public regarding the development and implementation of--
                    (A) goals to improve forest health, watershed 
                health, and related social and economic goals in the 
                covered area;
                    (B) the restoration assessment; and
                    (C) projects needed to accomplish the purposes of 
                this Act.
    (b) Composition.--The advisory panel shall be composed of 9 
members, each of whom shall have expertise in 1 or more of the 
following:
            (1) Silviculture.
            (2) Timber economics.
            (3) Road and logging engineering.
            (4) Soil science and geology.
            (5) Ecosystem services or natural resources economics.
            (6) Community economics or ecosystem workforce development.
            (7) Forest ecology.
            (8) Aquatic and riparian ecology.
            (9) Wildlife ecology.
            (10) Ecological restoration.
            (11) Invasive species control and eradication.
            (12) Wildland fire.
            (13) Water quantity and water quality.
            (14) Hydrology.
            (15) Forest carbon life-cycle and sequestration.
            (16) Social science.
    (c) Appointments.--The Secretary shall--
            (1) ensure that the advisory panel includes experts in a 
        broad array of the fields described in subsection (b); and
            (2) give consideration to the recommendations of 
        institutions of higher education (as defined in section 101(a) 
        of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), 
        professional societies, and other interested organizations and 
        persons.
    (d) Duties.--
            (1) Recommendations report.--
                    (A) In general.--Not later than 180 days after the 
                date on which the Secretary appoints the members of the 
                advisory panel, 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 purposes and 
                goals and consider the opportunities described in 
                section 4(b).
                    (B) Requirements.--The report shall provide 
                recommendations based on the best available science--
                            (i) for the size and scope of projects 
                        needed to accomplish the goals and consider the 
                        opportunities described in section 4(b);
                            (ii) for potential protocols that could be 
                        used to efficiently identify trees older than 
                        150 years in carrying out experimental 
                        ecological restoration projects under section 
                        8(b);
                            (iii) for increasing local capacity to 
                        accomplish the goals and consider the 
                        opportunities described in section 4(b); and
                            (iv) for each relevant plant association 
                        group--
                                    (I) for protecting and restoring 
                                terrestrial, aquatic, riparian, 
                                wildlife, fish, vegetation, soil, 
                                carbon, and other resources;
                                    (II) for the types of activities 
                                necessary and desirable to restore 
                                forest health and watershed health 
                                (including thinning, prescribed, and 
                                natural fire, and other appropriate 
                                activities);
                                    (III) for cases in which the 
                                cutting or removal of trees described 
                                in section 4(e)(1) would generally be 
                                considered to be ecologically 
                                appropriate; and
                                    (IV) for cases in which prohibiting 
                                the cutting or removal of trees 
                                described in section 4(e)(2) would 
                                generally be considered to be 
                                ecologically appropriate.
                    (C) Administration.--
                            (i) In general.--To the maximum extent 
                        practicable, the advisory panel shall achieve a 
                        consensus with respect to each recommendation 
                        included in the report.
                            (ii) Inclusion of dissenting opinions.--If 
                        the advisory panel fails to achieve a consensus 
                        with respect to any recommendation included in 
                        the report, the report shall include each 
                        dissenting opinion relating to the 
                        recommendation.
            (2) Review report.--Not later than 5 years after the date 
        on which the Secretary appoints the members of the advisory 
        panel, the advisory panel shall submit to the Secretary and 
        make available to the public a report providing--
                    (A) a quantitative and qualitative assessment of 
                the status of, and changes to, forest health and 
                watershed health in the covered area, including the 
                resiliency, aquatic function, and plant composition, 
                structure, and function; and
                    (B) an assessment of the implementation of the 
                recommendations made under paragraph (1).

SEC. 7. ASSESSMENT AND STRATEGY.

    (a) Eastside Landscape Forest Restoration Assessment.--
            (1) In general.--The Secretary shall prepare an assessment 
        of the covered area to be known as the ``Eastside Landscape 
        Forest Restoration Assessment''.
            (2) Requirements.--The restoration assessment shall--
                    (A) compile the best available scientific 
                assessments of, and relating to, the covered area 
                concerning--
                            (i) forest health and watershed health, 
                        including measures necessary to restore forest 
                        health and watershed health;
                            (ii) the road system, including--
                                    (I) travel management; and
                                    (II) the funding levels necessary 
                                to maintain the road system;
                            (iii) the local infrastructure and 
                        workforce capacity needs and the potential 
                        value to the local economy resulting from 
                        comprehensive forest restoration;
                            (iv) baseline ecological conditions in the 
                        forests and watersheds;
                            (v) baseline economic conditions in the 
                        communities;
                            (vi) the volume of biomass that--
                                    (I) consists of slash, brush, and 
                                any tree that does not exceed the 
                                minimum size standards for sawtimber; 
                                and
                                    (II) can be supplied consistent 
                                with the goals and considering the 
                                opportunities described in section 
                                4(b);
                            (vii) the volume of sawtimber that can be 
                        supplied consistent with the goals and 
                        considering the opportunities described in 
                        section 4(b); and
                            (viii) 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; and
                    (B) to the extent practicable and using the best 
                available science, develop and provide the information 
                described in subparagraph (A) that is not available in 
                any existing assessment.
            (3) Timing.--
                    (A) In general.--As soon as practicable after the 
                date on which the Secretary selects the covered area, 
                the Secretary shall make available to the public the 
                information required under paragraph (2).
                    (B) Completion.--Not later than 2 years after the 
                date on which the Secretary selects the covered area, 
                the Secretary shall complete the restoration 
                assessment.
            (4) Review and update.--The Secretary shall periodically 
        review and update the information compiled and developed under 
        paragraph (2).
    (b) Strategy.--
            (1) In general.--Using the restoration assessment, the 
        Secretary shall develop a strategy to assist in the development 
        and implementation of projects needed to accomplish the 
        purposes of this Act.
            (2) Requirements.--The strategy required under paragraph 
        (1) shall include--
                    (A) methods to identify and prioritize areas within 
                the covered area in which projects would address the 
                restoration needs and opportunities described in the 
                restoration assessment;
                    (B) recommendations for possible projects within 
                the covered area, consistent with the priorities 
                described in section 8; and
                    (C) recommendations for improving the commercial 
                use of biomass and other byproducts of projects within 
                the covered area.
    (c) Public Availability.--The Secretary shall make available to the 
public draft and final copies of the restoration assessment and the 
strategy required by subsection (b).

SEC. 8. ECOLOGICAL RESTORATION PROJECTS.

    (a) Ecological Restoration Projects.--
            (1) In general.--As soon as practicable after the date on 
        which the Secretary selects the covered area, the Secretary 
        shall, considering the opportunities described in section 
        4(b)(2), implement ecological restoration projects in the 
        covered area to further the goals described in section 4(b).
            (2) Landscape-scale projects.--Subject to the availability 
        of appropriations in accordance with section 11, the Secretary 
        shall, to the maximum extent practicable, implement 1 or more 
        ecological restoration projects for each National Forest in the 
        covered area that provide landscape-scale work within a 
        watershed area 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 on which the Secretary 
                selects the covered area.
            (3) Requirements.--In developing and implementing 
        ecological restoration projects under this section, the 
        Secretary shall consider--
                    (A) the best available science and data;
                    (B) the recommendations of the advisory panel;
                    (C) the restoration needs and opportunities 
                described in the restoration assessment;
                    (D) the strategy developed under section 7(b); and
                    (E) the views of the relevant collaborative groups.
            (4) Net road reduction.--In developing ecological 
        restoration projects under this Act, the Secretary shall 
        examine opportunities for, and achieve, a net reduction in the 
        permanent road system to improve forest and watershed health to 
        the maximum extent practicable.
            (5) Prioritization.--
                    (A) In general.--The Secretary shall prioritize 
                ecological restoration projects in the covered area 
                considering the requirements in paragraph (3) and based 
                on the degree to which the ecological restoration 
                projects would improve forest health and watershed 
                health, based on--
                            (i) dry and moist forest plant association 
                        groups; and
                            (ii) the need to sustain adequate levels of 
                        industry infrastructure to accomplish the goals 
                        described in section 4(b).
                    (B) Inclusions.--In carrying out this section, the 
                types of projects the Secretary shall consider to be 
                priority projects include projects that--
                            (i) reduce the risk of, and increase the 
                        resistance and resiliency of the land to, 
                        uncharacteristic disturbances, particularly if 
                        critical components or values are at risk, 
                        including--
                                    (I) communities located in the 
                                wildland-urban interface (as defined in 
                                section 101 of the Healthy Forests 
                                Restoration Act of 2003 (16 U.S.C. 
                                6511)); and
                                    (II) valuable forest structures 
                                (including old growth and older mature 
                                trees);
                            (ii) restore the structure and composition 
                        of forest stands at a high or moderate 
                        departure from the historic range of 
                        variability;
                            (iii) accelerate the development of complex 
                        forest structure in a young forest that has 
                        been simplified through past management, such 
                        as by--
                                    (I) creating spatial heterogeneity 
                                (including the creation of skips and 
                                gaps) using mechanical treatments to 
                                create wildlife habitat; and
                                    (II) retaining biological legacies 
                                (including large standing, downed, 
                                live, and dead trees);
                            (iv) 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));
                            (v) use the value of merchantable sawlogs 
                        and biomass to help offset the cost of 
                        ecological restoration projects;
                            (vi) meet local and rural community needs 
                        through a source that is selected on a best-
                        value basis; and
                            (vii) reduce the permanent road system to 
                        improve forest health and watershed health.
    (b) Experimental Ecological Restoration Projects.--
            (1) In general.--As soon as practicable after final agency 
        action, but not later than 5 years after the date on which the 
        Secretary selects the covered area, the Secretary shall 
        implement experimental ecological restoration projects in the 
        covered area that are designed to use an age limitation that 
        prohibits the cutting or removal of any tree older than 150 
        years.
            (2) Applicability of cutting limitation.--The prohibitions 
        described in section 4(e)(1) shall not apply to any 
        experimental ecological restoration project carried out under 
        this subsection.
            (3) Protocol.--The Secretary shall establish a protocol to 
        efficiently identify trees older than 150 years in carrying out 
        each experimental ecological restoration project under this 
        subsection, such as by--
                    (A) sampling trees within forest stands; or
                    (B) establishing standards for determining which 
                forest stands contain trees older than 150 years.
            (4) Use of data.--The Secretary shall use data from 
        experimental ecological restoration projects--
                    (A) to examine the feasibility of implementing age 
                limits at a broader scale; and
                    (B) to provide recommendations regarding the manner 
                by which future vegetation management projects designed 
                to protect trees older than 150 years may be carried 
                out more efficiently.
    (c) Review.--Each project carried out under this section may be 
subject to--
            (1) the predecisional administrative review process 
        established in part 218 of title 36, Code of Federal 
        Regulations, except that the Secretary shall provide notice of, 
        and distribute, a proposed decision before or with the 
        environmental assessment or final environmental impact 
        statement for any project subject to review under this 
        paragraph; and
            (2) subsections (b) and (c)(3) of section 106 of the 
        Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516).

SEC. 9. COLLABORATION.

    (a) Collaborative Groups.--
            (1) In general.--To assist in the development of the 
        restoration assessment and the projects needed to accomplish 
        the purposes of this Act in the covered area, the Secretary 
        shall consult with, and consider the recommendations of, any 
        collaborative group that meets the criteria described in 
        paragraph (2).
            (2) Collaborative groups.--A collaborative group under 
        paragraph (1) means a group that--
                    (A) is interested in the implementation of this 
                Act;
                    (B) includes multiple individuals representing 
                diverse interests that include--
                            (i) environmental organizations;
                            (ii) timber and forest products industry 
                        representatives; and
                            (iii) county governments;
                    (C) 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
                    (D) requires a level of participation sufficient to 
                ensure that members of the collaborative group are 
                adequately informed before each decision.
    (b) Multiparty Monitoring.--The Secretary, in consultation with the 
relevant collaborative groups, may develop a multiparty monitoring plan 
for any vegetation management project carried out under this Act.

SEC. 10. ADMINISTRATION.

    (a) Effect.--Nothing in this Act affects--
            (1) any right described in a treaty between an Indian tribe 
        and the United States; or
            (2) any biological opinion, including any opinion 
        associated with the aquatic and riparian protection 
        requirements of applicable land and resource management plans.
    (b) Applicable Law.--Except as provided in section 8(c), the 
Secretary shall carry out this Act in accordance with applicable law 
(including regulations).
    (c) Principal Agency Contact.--
            (1) Selection.--The Secretary shall select a principal 
        agency contact for the implementation of this Act.
            (2) Duties.--The principal agency contact shall--
                    (A) serve as the point-of-contact for the advisory 
                panel;
                    (B) facilitate communications among--
                            (i) the advisory panel;
                            (ii) collaborative groups;
                            (iii) employees of the Forest Service; and
                            (iv) any other stakeholders (including the 
                        public).
    (d) Reporting.--
            (1) In general.--The Secretary shall prepare a report on 
        the implementation of this Act--
                    (A) not later than 5 years after the date on which 
                the Secretary selects the covered area; and
                    (B) 2 years before the date referred to in 
                subsection (e)(1).
            (2) Contents.--The reports required under subparagraph (A) 
        shall, for each National Forest in the covered area, assess the 
        progress toward accomplishing--
                    (A) the purposes of this Act; and
                    (B) the performance goals established under section 
                4(d).
    (e) Termination of Authority.--
            (1) In general.--The authorities under this Act shall 
        terminate on the date that is 15 years after the date of 
        enactment of this Act.
            (2) Effect.--Nothing in this subsection affects a valid 
        contract in effect on the date described in paragraph (1).

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Subject to subsection (b), there is authorized to 
be appropriated $50,000,000 to carry out this Act, to remain available 
until expended.
    (b) Limitation.--
            (1) Other allocations.--Amounts expended to carry out this 
        Act shall not reduce the allocations of appropriated funds to 
        the Secretary for use in--
                    (A) other National Forests not included in the 
                covered area;
                    (B) other States; or
                    (C) other Regions of the Forest Service.
            (2) Reduction.--The amount authorized to be appropriated 
        under subsection (a) shall be reduced by any Federal funds 
        allocated to, and expended by, a National Forest in the covered 
        area under the program established under section 4003 of the 
        Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) to 
        implement a proposal under subsection (d) of that section.
                                 <all>