[Congressional Record Volume 150, Number 20 (Tuesday, February 24, 2004)]
[House]
[Pages H523-H526]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      SOUTHWEST FOREST HEALTH AND WILDFIRE PREVENTION ACT OF 2004

  Mr. RENZI. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 2696) to establish Institutes to demonstrate and promote the use 
of adaptive ecosystem management to reduce the risk of wildfires, and 
restore the health of fire-adapted forest and woodland ecosystems of 
the interior West, as amended.
  The Clerk read as follows:

                               H.R. 2696

       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 ``Southwest Forest Health and 
     Wildfire Prevention Act of 2004''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) there is an increasing threat of wildfire to millions 
     of acres of forest land and rangeland throughout the United 
     States;
       (2) forest land and rangeland are degraded as a direct 
     consequence of land management practices, including practices 
     to control and prevent wildfires and the failure to harvest 
     subdominant trees from overstocked stands that disrupt the 
     occurrence of frequent low-intensity fires that have 
     periodically removed flammable undergrowth;
       (3) at least 39,000,000 acres of land of the National 
     Forest System in the interior West are at high risk of 
     wildfire;
       (4) an average of 95 percent of the expenditures by the 
     Forest Service for wildfire suppression during fiscal years 
     1990 through 1994 were made to suppress wildfires in the 
     interior West;
       (5) the number, size, and severity of wildfires in the 
     interior West are increasing;
       (6) of the timberland in National Forests in the States of 
     Arizona and New Mexico, 59 percent of such land in Arizona, 
     and 56 percent of such land in New Mexico, has an average 
     diameter of 9 to 12 inches diameter at breast height;
       (7) the population of the interior West grew twice as fast 
     as the national average during the 1990s;
       (8) catastrophic wildfires--
       (A) endanger homes and communities;
       (B) damage and destroy watersheds and soils; and
       (C) pose a serious threat to the habitat of threatened and 
     endangered species;
       (9) a 1994 assessment of forest health in the interior West 
     estimated that only a 15- to 30-year window of opportunity 
     exists for effective management intervention before damage 
     from uncontrollable wildfire becomes widespread, with 8 years 
     having already elapsed since the assessment;
       (10) healthy forest and woodland ecosystems--
       (A) reduce the risk of wildfire to forests and communities;
       (B) improve wildlife habitat and biodiversity;
       (C) increase tree, grass, forb, and shrub productivity;
       (D) enhance watershed values;
       (E) improve the environment; and
       (F) provide a basis in some areas for economically and 
     environmentally sustainable uses;
       (11) sustaining the long-term ecological and economic 
     health of interior West forests and woodland, and their 
     associated human communities requires preventing severe 
     wildfires before the wildfires occur and permitting natural, 
     low-intensity ground fires;
       (12) more natural fire regimes cannot be accomplished 
     without the reduction of excess fuels and thinning of 
     subdominant trees (which fuels and trees may be of commercial 
     value);
       (13) ecologically based forest and woodland ecosystem 
     restoration on a landscape scale will--
       (A) improve long-term community protection;
       (B) minimize the need for wildfire suppression;
       (C) improve resource values;
       (D) improve the ecological integrity and resilience of 
     these systems;
       (E) reduce rehabilitation costs;
       (F) reduce loss of critical habitat; and
       (G) protect forests for future generations;
       (14) although landscape scale restoration is needed to 
     effectively reverse degradation,

[[Page H524]]

     scientific understanding of landscape scale treatments is 
     limited;
       (15) rigorous, objective, understandable, and applied 
     scientific information is needed for--
       (A) the design, implementation, monitoring, and adaptation 
     of landscape scale restoration treatments and improvement of 
     wildfire management;
       (B) the environmental review process; and
       (C) affected entities that collaborate in the development 
     and implementation of wildfire treatment.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to enhance the capacity to develop, transfer, apply, 
     monitor, and regularly update practical science-based forest 
     restoration treatments that will reduce the risk of severe 
     wildfires, and improve the health of dry forest and woodland 
     ecosystems in the interior West;
       (2) to synthesize and adapt scientific findings from 
     conventional research programs to the implementation of 
     forest and woodland restoration on a landscape scale;
       (3) to facilitate the transfer of interdisciplinary 
     knowledge required to understand the socioeconomic and 
     environmental impacts of wildfire on ecosystems and 
     landscapes;
       (4) to require the Institutes established under this Act to 
     collaborate with Federal agencies--
       (A) to use ecological restoration treatments to reverse 
     declining forest health and reduce the risk of severe 
     wildfires across the forest landscape; and
       (B) to design, implement, monitor, and regularly revise 
     representative wildfire treatments based on the use of 
     adaptive ecosystem management;
       (5) to assist land managers in--
       (A) treating acres with restoration-based applications; and
       (B) using new management technologies (including the 
     transfer of understandable information, assistance with 
     environmental review, and field and classroom training and 
     collaboration) to accomplish the goals identified in--
       (i) the National Fire Plan;
       (ii) the report entitled ``Protecting People and Sustaining 
     Resources in Fire-Adapted Ecosystems-A Cohesive Strategy'' 
     (65 Fed. Reg. 67480); and
       (iii) the report entitled ``10-Year Comprehensive Strategy: 
     A Collaborative Approach for Reducing Wildland Fire Risks to 
     Communities and the Environment'' of the Western Governors' 
     Association;
       (6) to provide technical assistance to collaborative 
     efforts by affected entities to develop, implement, and 
     monitor adaptive ecosystem management restoration treatments 
     that are ecologically sound, economically viable, and 
     socially responsible; and
       (7) to assist Federal and non-Federal land managers in 
     providing information to the public on the role of fire and 
     fire management in dry forest and woodland ecosystems in the 
     interior West.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Adaptive ecosystem management.--
       (A) Definition.--The term ``adaptive ecosystem management'' 
     means a natural resource management process under which 
     planning, implementation, monitoring, research, evaluation, 
     and incorporation of new knowledge are combined into a 
     management approach that--
       (i) is based on scientific findings and the needs of 
     society;
       (ii) treats management actions as experiments;
       (iii) acknowledges the complexity of these systems and 
     scientific uncertainty; and
       (iv) uses the resulting new knowledge to modify future 
     management methods and policy.
       (B) Clarification.--This paragraph shall not define the 
     term ``adaptive ecosystem management'' for the purposes of 
     the Forest and Rangeland Renewable Resources Planning Act of 
     1974 (16 U.S.C. 1600 et seq.).
       (2) Affected entities.--The term ``affected entities'' 
     includes--
       (A) land managers;
       (B) stakeholders;
       (C) concerned citizens; and
       (D) the States of the interior West, including political 
     subdivisions of the States.
       (3) Dry forest and woodland ecosystem.--The term ``dry 
     forest and woodland ecosystem'' means an ecosystem that is 
     dominated by ponderosa pines and associated dry forest and 
     woodland types.
       (4) Institute.--The term ``Institute'' means an Institute 
     established under section 5(a).
       (5) Interior west.--The term ``interior West'' means the 
     States of Arizona, Colorado, Idaho, Nevada, New Mexico, and 
     Utah.
       (6) Land manager.--
       (A) In general.--The term ``land manager'' means a person 
     or entity that practices or guides natural resource 
     management.
       (B) Inclusions.--The term ``land manager'' includes a 
     Federal, State, local, or tribal land management agency.
       (7) Restoration.--The term ``restoration'' means a process 
     undertaken to move an ecosystem or habitat toward--
       (A) a sustainable structure of the ecosystem or habitat; or
       (B) a condition that supports a natural complement of 
     species, natural function, or ecological process (such as a 
     low-intensity fire).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       (9) Secretaries.--The term ``Secretaries'' means--
       (A) the Secretary of Agriculture, acting through the Chief 
     of the Forest Service; and
       (B) the Secretary of the Interior.
       (10) Stakeholder.--The term ``stakeholder'' means any 
     person interested in or affected by management of forest or 
     woodland ecosystems.
       (11) Subdominant trees.--Are trees that occur underneath 
     the canopy or extend into the canopy but are smaller and less 
     vigorous than dominant trees.
       (12) Overstocked stands.--Where the number of trees per 
     acre exceeds the natural carrying capacity of the site.
       (13) Resilience.--The ability of a system to absorb 
     disturbance without being pushed into a different, possibly 
     less desirable stable state.

     SEC. 5. ESTABLISHMENT OF INSTITUTES.

       (a) In General.--The Secretary, in consultation with the 
     Secretary of the Interior, shall--
       (1) not later than 180 days after the date of enactment of 
     this Act, establish Institutes to promote the use of adaptive 
     ecosystem management to reduce the risk of wildfires, and 
     restore the health of forest and woodland ecosystems, in the 
     interior West; and
       (2) provide assistance to the Institutes to promote the use 
     of collaborative processes and adaptive ecosystem management 
     in accordance with paragraph (1).
       (b) Location.--
       (1) Existing institutes.--The Secretary may designate an 
     institute in existence on the date of enactment of this Act 
     to serve as an Institute established under this Act.
       (2) States.--Of the Institutes established under this Act, 
     the Secretary shall establish 1 Institute in each of--
       (A) the State of Arizona, to be located at Northern Arizona 
     University;
       (B) the State of New Mexico, to be located at New Mexico 
     Highlands University, while engaging the full resources of 
     the consortium of universities represented in the Institute 
     of Natural Resource Analysis and Management (INRAM); and
       (C) the State of Colorado.
       (c) Duties.--Each Institute shall--
       (1) develop, conduct research on, transfer, promote, and 
     monitor restoration-based hazardous fuel reduction treatments 
     to reduce the risk of severe wildfires and improve the health 
     of dry forest and woodland ecosystems in the interior West;
       (2) synthesize and adapt scientific findings from 
     conventional research to implement restoration-based 
     hazardous fuel reduction treatments on a landscape scale 
     using an adaptive ecosystem management framework;
       (3) translate for and transfer to affected entities any 
     scientific and interdisciplinary knowledge about restoration-
     based hazardous fuel reduction treatments;
       (4) assist affected entities with the design of adaptive 
     management approaches (including monitoring) for the 
     implementation of restoration-based hazardous fuel reduction 
     treatments; and
       (5) provide peer-reviewed annual reports.
       (d) Qualifications.--Each Institute shall--
       (1) develop and demonstrate capabilities in the natural, 
     physical, social, and policy sciences; and
       (2) explicitly integrate those disciplines in the 
     performance of the duties listed in subsection (c).
       (e) Cooperation.--Each Institute may cooperate with--
       (1) researchers and cooperative extension programs at 
     colleges, community colleges, and universities in the States 
     of Arizona, New Mexico, and Colorado that have a demonstrated 
     capability to conduct research described in subsection (c); 
     and
       (2) other organizations and entities in the interior West 
     (such as the Western Governors' Association).
       (f) Annual Work Plans.--As a condition of the receipt of 
     funds made available under this Act, for each fiscal year, 
     each Institute shall develop in consultation with the 
     Secretary, for review by the Secretary, in consultation with 
     the Secretary of the Interior, an annual work plan that 
     includes assurances, satisfactory to the Secretaries, that 
     the proposed work of the Institute will serve the 
     informational needs of affected entities.
       (g) Establishment of Additional Institutes.--If after 2 
     years after the date of the enactment of this Act, the 
     Secretary finds that the Institute model established at the 
     locations named in subsection (b)(2) would be constructive 
     for other interior West States, the Secretary may establish 1 
     institute in each of those States.

     SEC. 6. COOPERATION BETWEEN INSTITUTES AND FEDERAL AGENCIES.

       In carrying out this Act, the Secretary, in consultation 
     with the Secretary of the Interior--
       (1) to the extent that funds are appropriated for the 
     purpose, shall provide financial and technical assistance to 
     the Institutes to carry out the duties of the Institutes 
     under section 5;
       (2) shall encourage Federal agencies to use, on a 
     cooperative basis, information and expertise provided by the 
     Institutes;
       (3) shall encourage cooperation and coordination between 
     Federal programs relating to--
       (A) ecological restoration;
       (B) wildfire risk reduction; and
       (C) wildfire management technologies;
       (4) notwithstanding chapter 63 of title 31, United States 
     Code, may--

[[Page H525]]

       (A) enter into contracts, cooperative agreements, and 
     interagency personal agreements to carry out this Act; and
       (B) carry out other transactions under this Act;
       (5) may accept funds from other Federal agencies to 
     supplement or fully fund grants made, and contracts entered 
     into, by the Secretaries;
       (6) may support a program of internships for qualified 
     individuals at the undergraduate and graduate levels to carry 
     out the educational and training objectives of this Act;
       (7) shall encourage professional education and public 
     information activities relating to the purposes of this Act; 
     and
       (8) may promulgate such regulations as the Secretaries 
     determine are necessary to carry out this Act.

     SEC. 7. MONITORING AND EVALUATION.

       (a) In General.--Not later than 5 years after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Secretary, in consultation with the Secretary of the 
     Interior, shall complete and submit to the Committee on 
     Resources and the Committee on Agriculture of the House of 
     Representatives and to the Committee on Energy and Natural 
     Resources of the Senate a detailed evaluation of the programs 
     and activities of each Institute--
       (1) to ensure, to the maximum extent practicable, that the 
     research, communication tools, and information transfer 
     activities of each Institute are sufficient to achieve the 
     purposes of this Act, including--
       (A) implementing active adaptive ecosystem management 
     practices at the landscape level;
       (B) reducing unnecessary planning costs;
       (C) avoiding duplicative and conflicting efforts;
       (D) increasing public acceptance of active adaptive 
     ecosystem management practices; and
       (E) achieving general satisfaction on the part of affected 
     entities;
       (2) to determine the extent to which each Institute has 
     implemented its duties under section 5(c); and
       (3) to determine whether continued provision of Federal 
     assistance to each Institute is warranted.
       (b) Termination of Assistance.--If, as a result of an 
     evaluation under subsection (a), the Secretary, in 
     consultation with the Secretary of the Interior, determines 
     that an Institute does not qualify for further Federal 
     assistance under this Act, the Institute shall receive no 
     further Federal assistance under this Act until such time as 
     the qualifications of the Institute are reestablished to the 
     satisfaction of the Secretaries.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $15,000,000 for each fiscal year.
       (b) Limitation.--No funds made available under subsection 
     (a) shall be used to pay the costs of constructing any 
     facilities.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arizona (Mr. Renzi) and the gentleman from American Samoa (Mr. 
Faleomavaega) each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Renzi).


                             General Leave

  Mr. RENZI. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on H.R. 2696, the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 2696 establishes institutes to demonstrate and promote the use 
of adaptive ecosystem management to reduce the risk of wildfires and 
restore the health of fire-adaptive forest and woodland ecosystems of 
the interior West.
  This legislation directs the Secretary of Agriculture, in 
consultation with the Secretary of Interior, to establish the 
Ecological Restoration Institute at Northern Arizona University, under 
the leadership of Dr. Wally Covington, and similar institutes in New 
Mexico and Colorado, with the purpose of supporting groups to assist in 
the design and implementation of large-scale forest restoration 
treatments.
  Research has shown that large forest fires will continue unless large 
scale action is taken. The treatment of our forests must begin with 
solid, sound science to restore the balance of our unhealthy forests. 
H.R. 2696 will facilitate this important research.
  I urge adoption of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. FALEOMAVAEGA asked and was given permission to revise and extend 
his remarks.)
  Mr. FALEOMAVAEGA. Mr. Speaker, I would like to extend my commendation 
to the gentleman from Arizona for his sponsorship of this proposed 
bill; and, Mr. Speaker, H.R. 2696 directs the Secretary of Agriculture 
to establish three university-based institutes to conduct and promote 
research to assist Federal land managers in the complicated process of 
reducing risks of wildfires and improving forest health in the interior 
West.
  The bill specifically designates two universities to house 
institutes, Northern Arizona University in Arizona and Highlands 
University in New Mexico. The Secretary shall also designate a third 
institute to be located in the State of Colorado. The bill authorizes 
$15 million annually for these institutes, subject to appropriations.

                              {time}  1445

  Mr. Speaker, I congratulate the bill's sponsor, again the gentleman 
from Arizona. I also want to recognize the contributions of the Members 
on this side of the aisle, the gentleman from Colorado (Mr. Udall) and 
the gentleman from New Mexico (Mr. Udall). I thank them for their help, 
their sponsorship and their support of this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RENZI. Mr. Speaker, I reserve the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield 5 minutes to the gentleman 
from New Mexico (Mr. Udall).
  Mr. UDALL of New Mexico. Mr. Speaker, I rise today in strong support 
of H.R. 2696, the Southwest Forest Health and Wildfire Prevention Act 
of 2003. This is extremely important legislation, and I applaud the 
gentleman from Arizona (Mr. Renzi) for his work on this issue. I also 
thank the gentleman from American Samoa for his leadership on this 
important issue.
  Mr. Speaker, in my home State of New Mexico, we are experiencing a 
very serious and prolonged drought. Not only does this further 
exacerbate our water shortage as well as the difficulties faced by 
agriculture and livestock communities, but it also makes for very 
dangerous fire conditions as we approach spring and summer.
  Unfortunately, the issue of fire prevention and suppression is 
extremely controversial. That is why I believe it is important that our 
country establish a science-based common-sense fire policy. This 
bipartisan legislation before us today lays the groundwork for a 
science-based strategy to combat wildfire in the West.
  H.R. 2696 directs the Forest Service, in consultation with the 
Department of the Interior, to establish institutes to promote the use 
of adaptive ecosystem management to reduce the risk of wildfires and 
restore the health of fire-adapted woodland in the West. The Agency 
would be required to provide the institutes with financial and 
technical assistance. Creating these institutions will create a solid 
foundation for scientific knowledge and the ability to rapidly convert 
new insights into technology and tools.
  These institutes will also create common ground for environmental, 
recreational, commercial, and governmental interests to work together 
and end the gridlock that has often paralyzed forest management 
initiatives.
  Mr. Speaker, I am also extremely pleased the Forest Management 
Institute in New Mexico will be centered at New Mexico Highlands 
University, located in my congressional district. While being centered 
at Highlands, however, the institute will engage the full resources of 
the consortium of universities represented in the Institute of Natural 
Resource Analysis and Management, INRAM. This includes the other New 
Mexico education institutions of higher learning, such as New Mexico 
State University, University of New Mexico, New Mexico Tech, New Mexico 
Highlands, Eastern New Mexico University, and Western New Mexico 
University.
  I would also like to thank the gentleman from Arizona (Mr. Renzi) as 
well as the gentleman from New Mexico (Mr. Pearce) and the gentlewoman 
from New Mexico (Mrs. Wilson) for their work on this provision in the 
bill. It truly was a bipartisan effort.
  Mr. Speaker, by passing this legislation and creating these 
institutions we will provide much-needed assistance to land managers in 
their ongoing efforts to decrease the severity of fires in our

[[Page H526]]

forests and restore woodland ecosystems. I urge my colleagues to 
support passage of this important legislation.
  Mr. RENZI. Mr. Speaker, I continue to reserve the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume to again urge my colleagues to support this proposed bill.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume to 
thank the gentleman from American Samoa for his leadership, and to add 
that the gentleman from New Mexico (Mr. Udall) truly played a major 
role in the input and construction of this language, and I am grateful 
to him for his leadership.
  Mr. Speaker, I have no additional requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore (Mr. Leach). The question is on the motion 
offered by the gentleman from Arizona (Mr. Renzi) that the House 
suspend the rules and pass the bill, H.R. 2696, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________