[Congressional Record Volume 144, Number 35 (Wednesday, March 25, 1998)]
[House]
[Pages H1550-H1552]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 2515

                  Offered By: Mr. Brown of California

(Page and line numbers refer to H.R. 3530, which is made in order as an 
                amendment in the nature of a substitute)

       Amendment No. 1: Page 8, line 17, insert after the period 
     the following:

     ``However, no commercial timber sale may be conducted as part 
     of any recovery project.''.

                               H.R. 2515

                  Offered By: Mr. Brown of California

(Page and line numbers refer to H.R. 3530, which is made in order as an 
                amendment in the nature of a substitute)

       Amendment No. 2: Page 27, beginning line 11, strike 
     ``Amounts in the Fund shall be available to the Secretary, 
     without further appropriation--'' and insert ``Only in such 
     amounts as are provided in advance in annual appropriation 
     Acts, the Secretary may use amounts in the Fund--''.

                               H.R. 2515

                       Offered By: Mrs. Chenoweth

(Page and line numbers refer to H.R. 3530, which is made in order as an 
                amendment in the nature of a substitute)

       Amendment No. 3: Page 29, beginning on line 15, strike 
     paragraph (4) relating to a prohibition on the use of amounts 
     from the Forest Recovery and Protection Fund to construct 
     roads.

                               H.R. 2515

                       Offered By: Mrs. Chenoweth

(Page and line numbers refer to H.R. 3530, which is made in order as an 
                amendment in the nature of a substitute)

       Amendment No. 4: Page 29, beginning on line 15, strike 
     paragraph (4).
       Add at the end the following new section:

     SEC. 12. ENHANCED CONSISTENCY BETWEEN FEDERAL TIMBER ROADS 
                   PROGRAMS.

       (a) Elimination of Purchaser Road Credits in Public Domain 
     and Other Forests.--Section 4 of Public Law 88-657 (16 U.S.C. 
     535; commonly known as the National Forest Roads and Trails 
     Act) is amended--
       (1) by striking ``Sec. 4.'' and inserting the following:

     ``SEC. 4. CONSTRUCTION OF FOREST DEVELOPMENT ROADS.

       ``(a) Authorized Methods to Fund Construction.--'';
       (2) by striking ``including provisions for amortization of 
     road costs in contracts'' and inserting ``except that the 
     Secretary may not provide purchaser credit for road 
     construction'';
       (3) by striking ``: Provided,'' and all that follows 
     through the period at the end of the proviso and inserting a 
     period; and
       (4) by striking the last sentence.
       (b) Consistent Timber Road Programs; Exceptions.--Such 
     section is further amended by adding at the end the following 
     new subsections:
       ``(b) Consistent Federal Forest Road Programs.--Subject to 
     subsection (c), the Secretary of Agriculture shall carry out 
     the program authorized by subsection (a) for the acquisition, 
     construction, and maintenance of forest roads in the public 
     domain and other national forests in the same manner as the 
     Secretary of the Interior conducts the roads program for 
     forest lands under the jurisdiction of the Bureau of Land 
     Management, as such Bureau of Land Management

[[Page H1551]]

     roads program was in effect on January 1, 1998.
       ``(c) Special Requirements for Forest Service Road 
     Program.--
       ``(1) Design and engineering services.--Using funds 
     available to the Forest Service for the design and 
     engineering of forest roads in the public domain and other 
     national forests, the Secretary of Agriculture is authorized 
     and encouraged to enter into contracts with private persons 
     to perform design and engineering services in connection with 
     the acquisition, construction, and maintenance of forest 
     roads. The Secretary shall ensure that competitive procedures 
     are used in the selection of persons for the performance of 
     such services.
       ``(2) Level of construction.--In the case of a forest road 
     in a public domain or other national forest that is 
     constructed or paid for by a purchaser of national forest 
     timber, the Secretary of Agriculture may not require the 
     purchaser to design, construct, or maintain the road to a 
     higher standard than the standard, consistent with applicable 
     environmental laws and regulations, that is sufficient for 
     the harvesting and removal of the timber and other products 
     covered by the sale, unless the Secretary bears that part of 
     the cost necessary to meet the higher standard.
       ``(3) Treatment of road value.--In the case of a forest 
     road in a public domain or other national forest that is 
     constructed or paid for by a purchaser of national forest 
     timber, the appraised value of the road shall be considered 
     to be money received for purposes of the payments required to 
     be made under the sixth paragraph under the heading ``FOREST 
     SERVICE'' in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 
     500), and section 13 of the Act of March 1, 1911 (36 Stat. 
     963; commonly known as the Weeks Act; 16 U.S.C. 500). To the 
     extent that the appraised value of a forest road determined 
     under this paragraph reflects funds contributed by the 
     Secretary of Agriculture to build the road to a higher 
     standard, the Secretary shall modify the appraisal of the 
     road to exclude the effect of the Federal funds.''.
       (c) Elimination of References to Purchaser Credits.--
       (1) Transportation system.--Section 10(a) of the Forest and 
     Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
     1608(a)) is amended by striking ``benefits'' and all that 
     follows through the period at the end of the subsection and 
     inserting ``benefits.''.
       (2) Timber sales with purchaser credit provisions.--Section 
     14 of the National Forest Management Act of 1976 (16 U.S.C. 
     472a) is amended by striking subsection (i).
       (d) Application of Amendments.--
       (1) Effect on existing purchaser road credits.--
     Notwithstanding the amendments made by subsection (a), 
     effective purchaser credit already earned for road 
     construction may continue to be used in accordance with 
     section 4 of Public Law 88-657 (16 U.S.C. 535; commonly known 
     as the National Forest Roads and Trails Act), and rules 
     issued under such section, as in effect on the day before the 
     date of the enactment of this Act.
       (2) Effect on existing contracts.--Notwithstanding the 
     amendment made by subsection (c)(2), subsection (i) of 
     section 14 of the National Forest Management Act of 1976 (16 
     U.S.C. 472a), as in effect on the day before the date of the 
     enactment of this Act, shall continue to apply with respect 
     to any timber contract described in such subsection awarded 
     before October 1, 1998.

                               H.R. 2515

                       Offered By: Mrs. Chenoweth

(Page and line numbers refer to H.R. 3530, which is made in order as an 
                amendment in the nature of a substitute)

       Amendment No. 5: Page 29, beginning on line 15, strike 
     paragraph (4).
       Add at the end the following new section:

     SEC. 12. ELIMINATION OF PURCHASER ROAD CREDITS IN CONNECTION 
                   WITH RECOVERY PROJECTS.

       Section 4 of Public Law 88-657 (16 U.S.C. 535; commonly 
     known as the National Forest Roads and Trails Act) is amended 
     by adding at the end the following:
       ``(b) Authorized Methods to Fund Road Construction.--In 
     connection with recovery projects, the Secretary of 
     Agriculture--
       ``(1) may not provide purchaser credit for road 
     construction; and
       ``(2) shall carry out the program authorized by this 
     section for the acquisition, construction, and maintenance of 
     forest roads in the same manner as the Secretary of the 
     Interior conducts the roads program for forest lands under 
     the jurisdiction of the Bureau of Land Management, as such 
     Bureau of Land Management roads program was in effect on 
     January 1, 1998.
       ``(c) Special Requirements for Forest Service Road 
     Program.--
       ``(1) Design and engineering services.--Using funds 
     available to the Forest Service for the design and 
     engineering of forest roads, the Secretary of Agriculture is 
     authorized and encouraged to enter into contracts with 
     private persons to perform design and engineering services in 
     connection with recovery projects involving the acquisition, 
     construction, or maintenance of forest roads. The Secretary 
     shall ensure that competitive procedures are used in the 
     selection of persons for the performance of such services.
       ``(2) Level of construction.--In the case of a forest road 
     in a recovery project that is constructed or paid for by 
     another person, the Secretary of Agriculture may not require 
     the person to design, construct, or maintain the road to a 
     higher standard than the standard, consistent with applicable 
     environmental laws and regulations, that is sufficient for 
     the recovery project involved, unless the Secretary bears 
     that part of the cost necessary to meet the higher standard.
       ``(3) Treatment of road value.--In the case of a forest 
     road in a recovery project that is constructed or paid for by 
     a purchaser of national forest timber, the appraised value of 
     the road shall be considered to be money received for 
     purposes of the payments required to be made under the sixth 
     paragraph under the heading ``FOREST SERVICE'' in the Act of 
     May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of 
     the Act of March 1, 1911 (36 Stat. 963; commonly known as the 
     Weeks Act; 16 U.S.C. 500). To the extent that the appraised 
     value of a forest road determined under this paragraph 
     reflects funds contributed by the Secretary of Agriculture to 
     build the road to a higher standard, the Secretary shall 
     modify the appraisal of the road to exclude the effect of the 
     Federal funds.''.

                               H.R. 2515

                       Offered By: Mrs. Chenoweth

               (Page and line numbers refer to H.R. 3530)

       Amendment No. 6: Page 29, beginning on line 15, strike 
     paragraph (4) and insert the following:

       (f) Elimination of Purchaser Road Credits in Connection 
     With Recovery Projects.--
       (1) Authorized methods to fund road construction.--In 
     connection with recovery projects, the Secretary of 
     Agriculture--
       (A) may not provide purchaser credit for road construction; 
     and
       (B) shall carry out the road construction in the same 
     manner as the Secretary of the Interior conducts the roads 
     program for forest lands under the jurisdiction of the Bureau 
     of Land Management, as such Bureau of Land Management roads 
     program was in effect on January 1, 1998.
       (2) Special requirements for roads.--
       (A) Design and engineering services.--Subject to the 
     availability of appropriations for this purpose, the 
     Secretary of Agriculture may enter into contracts with 
     private persons to perform design and engineering services in 
     connection with recovery projects involving the acquisition, 
     construction, or maintenance of forest roads. The Secretary 
     shall ensure that competitive procedures are used in the 
     selection of persons for the performance of such services.
       (B) Level of construction.--In the case of a forest road in 
     a recovery project that is constructed or paid for by another 
     person, the Secretary of Agriculture may not require the 
     person to design, construct, or maintain the road to a higher 
     standard than the standard, consistent with applicable 
     environmental laws and regulations, that is sufficient for 
     the recovery project involved, unless the Secretary bears 
     that part of the cost necessary to meet the higher standard.
       (C) Treatment of road value.--In the case of a forest road 
     in a recovery project that is constructed or paid for by 
     another person, the appraised value of the road shall be 
     considered to be money received for purposes of the payments 
     required to be made under the sixth paragraph under the 
     heading ``FOREST SERVICE'' in the Act of May 23, 1908 (35 
     Stat. 260; 16 U.S.C. 500), and section 13 of the Act of March 
     1, 1911 (36 Stat. 963; commonly known as the Weeks Act; 16 
     U.S.C. 500). To the extent that the appraised value of a 
     forest road determined under this paragraph reflects funds 
     contributed by the Secretary of Agriculture to build the road 
     to a higher standard, the Secretary shall modify the 
     appraisal of the road to exclude the effect of the Federal 
     funds.

                               H.R. 2515

                         Offered By: Ms. Furse

               (Page and line numbers refer to H.R. 3530)

       Amendment No. 7: Page 8, strike lines 3 through 17, and 
     insert the following:
       (8) Recovery project.--The term ``recovery project'' means 
     a project to restore or protect forest values and resources 
     within an identified recovery area, including the types of 
     projects: restoration of native vegetative cover; prescribed 
     burns; stabilization of slopes; recontouring of slopes; 
     decommissioning and obliteration of roads; removal of man-
     made barriers to fish spawning runs; improvement of reparian 
     areas and other habitat; and soil stabilization and other 
     water quality improvements.

                               H.R. 2515

                         Offered By: Ms. Furse

               (Page and line numbers refer to H.R. 3530)

       Amendment No. 8: Page 29, strike ``$500,000'' and insert 
     $50,000,000''.

                               H.R. 2515

                         Offered By: Ms. Furse

               (Page and line numbers refer to H.R. 3530)

       Amendment No. 9: Page 29, after line 22, insert the 
     following:
       (5) Prohibition on use of any funds to construct temporary 
     roads.--For purposes of the recovery projects authorized by 
     this Act, amounts in the Fund shall not be used, either 
     directly through direct allocations from the Fund, or 
     indirectly through allocations to recovery projects from 
     other Forest Service accounts, for the construction of 
     temporary roads of any kind.

[[Page H1552]]

                               H.R. 2515

                  Offered By: Mr. Miller of California

               (Page and line numbers refer to H.R. 3530)

       Amendment No. 10: Page 27, beginning on line 11, strike 
     ``Amounts in the Fund shall be available to the Secretary, 
     without further appropriation--'' and insert ``Only in such 
     amounts as are provided in advance in annual appropriation 
     Acts, the Secretary may use amounts in the Fund--''.

                               H.R. 2515

                  Offered By: Mr. Miller of California

               (Page and line numbers refer to H.R. 3530)

       Amendment No. 11: Page 29, line 16, strike ``new, 
     permanent''.
       Page 29, line 22, strike ``new, permanent''.

                               H.R. 2515

                  Offered By: Mr. Miller of California

               (Page and line numbers refer to H.R. 3530)

       Amendment No. 12: Page 29, beginning on line 25, strike 
     ``paid,'' and all that follows through line 6, on page 30, 
     and insert ``deposited in the general fund of the 
     Treasury.''.

                               H.R. 2515

                       Offered By: Mr. Radanovich

               (Page and line numbers refer to H.R. 3530)

       Amendment No. 13: Page 29, beginning on line 15, strike 
     paragraph (4) and insert the following:
       (f) Elimination of Purchaser Road Credits in Connection 
     With Recovery Projects.--
       (1) Authorized methods to fund road construction.--In 
     connection with recovery projects, the Secretary of 
     Agriculture--
       (A) may not provide purchaser credit for road construction; 
     and
       (B) shall carry out the road construction in the same 
     manner as the Secretary of the Interior conducts the roads 
     program for forest lands under the jurisdiction of the Bureau 
     of Land Management, as such Bureau of Land Management roads 
     program was in effect on January 1, 1998.
       (2) Special requirements for roads.--
       (A) Design and engineering services.--Subject to the 
     availability of appropriations for this purpose, the 
     Secretary of Agriculture may enter into contracts with 
     private persons to perform design and engineering services in 
     connection with recovery projects involving the acquisition, 
     construction, or maintenance of forest roads. The Secretary 
     shall ensure that competitive procedures are used in the 
     selection of persons for the performance of such services.
       (B) Level of construction.--In the case of a forest road in 
     a recovery project that is constructed or paid for by another 
     person, the Secretary of Agriculture may not require the 
     person to design, construct, or maintain the road to a higher 
     standard than the standard, consistent with applicable 
     environmental laws and regulations, that is sufficient for 
     the recovery project involved, unless the Secretary bears 
     that part of the cost necessary to meet the higher standard.
       (C) Treatment of road value.--In the case of a forest road 
     in a recovery project that is constructed or paid for by 
     another person, the appraised value of the road shall be 
     considered to be money received for purposes of the payments 
     required to be made under the sixth paragraph under the 
     heading ``FOREST SERVICE'' in the Act of May 23, 1908 (35 
     Stat. 260; 16 U.S.C. 500), and section 13 of the Act of March 
     1, 1911 (36 Stat. 963; commonly known as the Weeks Act; 16 
     U.S.C. 500). To the extent that the appraised value of a 
     forest road determined under this paragraph reflects funds 
     contributed by the Secretary of Agriculture to build the road 
     to a higher standard, the Secretary shall modify the 
     appraisal of the road to exclude the effect of the Federal 
     funds.

                               H.R. 2515

                         Offered By: Mr. Vento

               (Page and line numbers refer to H.R. 3530)

       Amendment No. 14: Page 10, line 1, strike ``45-day period'' 
     and insert ``60-day period''.
       Page 10, line 18, strike ``45-day period'' and insert ``60-
     day period''.

                               H.R. 2515

                         Offered By: Mr. Vento

               (Page and line numbers refer to H.R. 3530)

       Amendment No. 15: Page 27, lines 12 and 13, strike ``, 
     without further appropriation''.

                               H.R. 2515

                         Offered By: Mr. Vento

               (Page and line numbers refer to H.R. 3530)

       Amendment No. 16: Page 29, line 16, strike ``, permanent''.
       Page 29, line 22, strike ``,permanent roads'' and insert 
     ``roads, regardless of whether the roads are intended to be 
     permanent or temporary''.

                               H.R. 3310

                        Offered By: Mr. Kucinich

       Amendment No. 1: Page 4, strike line 10 and all that 
     follows through page 6, line 25, and insert the following:

       ``(B) establish a policy or program for eliminating, 
     delaying, and reducing civil fines in appropriate 
     circumstances for first-time violations by small entities (as 
     defined in section 601 of title 5, United States Code) of 
     requirements regarding collection of information. Such policy 
     or program shall take into account--
       ``(i) the nature and seriousness of the violation, 
     including whether the violation was technical or inadvertent, 
     involved willful or criminal conduct, or has caused or 
     threatens to cause harm to--
       ``(I) the health and safety of the public;
       ``(II) consumer, investor, worker, or pension protections; 
     or
       ``(III) the environment;
       ``(ii) whether there has been a demonstration of good faith 
     effort by the small entity to comply with applicable laws, 
     and to remedy the violation within the shortest practicable 
     period of time;
       ``(iii) the previous compliance history of the small 
     entity, including whether the entity, its owner or owners, or 
     its principal officers have been subject to past enforcement 
     actions;
       ``(iv) whether the small entity has obtained a significant 
     economic benefit from the violation; and
       ``(v) any other factors considered relevant by the head of 
     the agency;
       ``(C) not later than 6 months after the date of the 
     enactment of the Small Business Paperwork Reduction Act 
     Amendments of 1998, revise the policies of the agency to 
     implement subparagraph (B); and
       ``(D) not later than 6 months after the date of the 
     enactment of such Act, submit to the Committee on Government 
     Reform and Oversight of the House of Representatives and the 
     Committee on Governmental Affairs of the Senate a report that 
     describes the policy or program implemented under 
     subparagraph (B).
       ``(2) For purposes of paragraphs (1)(B) through (1)(D), the 
     term `agency' does not include the Internal Revenue 
     Service.''.

                               H.R. 3310

                        Offered By: Mr. McIntosh

       Amendment No. 2. Page 6, strike line 25 and insert the 
     following: imposed by the agency.
       ``(4) Notwithstanding any other provision of law, no State 
     may impose a civil penalty on a small-business concern, in 
     the case of a first-time violation by the small-business 
     concern of a requirement regarding collection of information, 
     in a manner inconsistent with the provisions of this 
     subsection.''.