[Congressional Record Volume 152, Number 58 (Friday, May 12, 2006)]
[House]
[Pages H2588-H2594]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 4200

                          Offered By Mr. Pombo

       Amendment No. 1: Strike all after the enacting clause and 
     insert the following:

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as ``Forest 
     Emergency Recovery and Research Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

       TITLE I--RESPONSE TO CATASTROPHIC EVENTS ON FEDERAL LANDS

Sec. 101. Development of research protocols and use in catastrophic 
              event research projects.
Sec. 102. Catastrophic event recovery evaluations.
Sec. 103. Compliance with National Environmental Policy Act.
Sec. 104. Availability and use of pre-approved management practices.
Sec. 105. Availability and use of emergency procedures.
Sec. 106. Administrative and judicial review.
Sec. 107. Guidance regarding reforestation in response to catastrophic 
              events.
Sec. 108. Effect of title.
Sec. 109. Standards for tree retention.

TITLE II--RESTORING LANDSCAPES AND COMMUNITIES IMPACTED BY CATASTROPHIC 
                                 EVENTS

        Subtitle A--Cooperative Forestry Assistance Act of 1978

Sec. 201. Assistance under Cooperative Forestry Assistance Act of 1978 
              to restore landscapes and communities affected by 
              catastrophic events.

           Subtitle B--Department of the Interior Assistance

Sec. 211. Restoring landscapes.
Sec. 212. Restoring communities.

                    TITLE III--EXPERIMENTAL FORESTS

Sec. 301. Findings.
Sec. 302. Availability and use of pre-approved management practices on 
              National Forest experimental forests.
Sec. 303. Limited consideration of alternatives for projects on 
              National Forest experimental forests.

                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Regulations.
Sec. 402. Dedicated source of funds for research and monitoring.
Sec. 403. Other funding sources.
Sec. 404. Effect of declaration of major disaster or emergency.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The number and severity of catastrophic events causing 
     resource damage to Federal land has significantly increased 
     over the last 20 years, and such catastrophic events also 
     create serious adverse environmental, social, and economic 
     consequences for Federal land and adjacent non-Federal land 
     and communities.
       (2) Catastrophic events often devastate forest or rangeland 
     ecosystems and eliminate sources of seed for desired tree and 
     plant species, which--
       (A) delays or even precludes the reestablishment of 
     appropriate forest or plant cover on millions of acres of 
     Federal land;
       (B) increases the susceptibility of the damaged land to 
     wildfire and noxious or harmful species and reduces the 
     economic value of the damaged land's resources;
       (C) increases the susceptibility of adjacent undamaged land 
     to insect infestations, disease, and noxious weeds;
       (D) pollutes municipal water supplies and damages water 
     delivery infrastructure;
       (E) exacerbates sediment production that adversely impacts 
     native fish habitat and soil productivity;
       (F) results in unsafe campgrounds, trails, roads, and other 
     infrastructure; and
       (G) adversely impacts the sustainability of ecosystems and 
     the well-being of adjacent communities.

[[Page H2589]]

       (3) Program authorities and funding mechanisms currently 
     available to the Secretary of Agriculture and the Secretary 
     of the Interior to respond to catastrophic events on forested 
     Federal land do not provide for consistent and timely 
     response activities.
       (4) The Council on Environmental Quality has approved on an 
     infrequent basis the use of alternative arrangements to 
     respond to catastrophic events on forested Federal land, but, 
     when used in the past, such alternative arrangements have 
     encouraged expedited and successful recovery outcomes.
       (5) A prompt and standardized management response to a 
     catastrophic event, which is also adaptive to the unique 
     characteristics of each catastrophic event, is needed--
       (A) to effectively recover the area damaged by the 
     catastrophic event,
       (B) to minimize the impact on the resources of the area and 
     adjacent communities adversely affected by the catastrophic 
     event; and
       (C) to recover damaged, but still merchantable, material 
     before it loses its economic value.
       (6) Reforestation treatments on forested Federal land after 
     a catastrophic event helps to restore appropriate forest 
     cover, which provides multiple renewable resource benefits, 
     including--
       (A) protecting soil and water resources;
       (B) providing habitat for wildlife and fish;
       (C) contributing to aesthetics and enhancing the 
     recreational experience for visitors;
       (D) providing a future source of timber for domestic use; 
     and
       (E) ensuring the health and resiliency of affected 
     ecosystems for present and future generations.
       (7) According to the Comptroller General, the reforestation 
     backlog for Federal land has increased since 2000 as a result 
     of natural disturbances, such as wildland fires, insect 
     infestations, and diseases.
       (8) Additional scientific and monitoring information is 
     needed regarding the effectiveness of recovery treatments to 
     improve subsequent recovery proposals in response to future 
     catastrophic events.
       (9) State, tribal, and local governments, local 
     communities, and other entities play a critical role in 
     restoring landscapes damaged by a catastrophic event and in 
     reducing the risks associated with the catastrophic event.
       (10) Greater resources and adaptive arrangements must be 
     made available to land managers to facilitate the prompt 
     implementation of recovery treatments, including 
     reforestation, following catastrophic events.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Burned area emergency response.--The term ``burned area 
     emergency response'' means the process used by the Secretary 
     concerned to plan and implement emergency stabilization 
     actions on Federal land in response to a catastrophic event 
     in order to minimize threats to life or property or to 
     stabilize and prevent unacceptable degradation to natural and 
     cultural resources resulting from the effects of the 
     catastrophic event.
       (2) Catastrophic event.--The term ``catastrophic event'' 
     means any natural disaster or any fire, flood, or explosion, 
     regardless of cause, that the Secretary concerned determines 
     has caused or will cause damage of significant severity and 
     magnitude to Federal land or, in the case of title II, non-
     Federal land. A natural disaster may include a hurricane, 
     tornado, windstorm, snow or ice storm, rain storm, high 
     water, wind-driven water, tidal wave, earthquake, volcanic 
     eruption, landslide, mudslide, drought, or insect or disease 
     outbreak.
       (3) Catastrophic event recovery.--The term ``catastrophic 
     event recovery'', with respect to an area of Federal land 
     damaged by a catastrophic event, means--
       (A) if the catastrophic event involved fire, the 
     rehabilitation and restoration activities (other than any 
     emergency stabilization treatments undertaken as part of the 
     burned area emergency response) that are undertaken on the 
     damaged Federal land, including any infrastructure or 
     facilities thereon, in response to the catastrophic event;
       (B) if the catastrophic event did not involve fire, the 
     emergency stabilization and rehabilitation and restoration 
     activities that are undertaken on the damaged Federal land, 
     including infrastructure or facilities thereon, in response 
     to the catastrophic event; or
       (C) the reforestation or revegetation, consistent with the 
     applicable land and resource management plan, of the damaged 
     Federal land in response to the catastrophic event using, to 
     the extent practicable and preferable, native or beneficial 
     plants to avoid creation of plantation forests and the 
     recovery of trees on the damaged Federal land, through the 
     use of timber harvesting and other appropriate methods of 
     forest regeneration.
       (4) Catastrophic event recovery evaluation.--The term 
     ``catastrophic event recovery evaluation'', with respect to 
     an area of Federal land damaged by a catastrophic event, 
     means an evaluation of the damaged Federal land that is 
     conducted in accordance with section 102.
       (5) Catastrophic event recovery proposal.--The term 
     ``catastrophic event recovery proposal'' means the list and 
     brief description of catastrophic event recovery projects, 
     catastrophic event research projects, and pre-approved 
     management practices that are--
       (A) identified as part of the catastrophic event recovery 
     evaluation of an area of Federal land damaged by a 
     catastrophic event; and
       (B) proposed to be undertaken to facilitate the 
     catastrophic event recovery of the area or evaluate the 
     effects and effectiveness of such recovery efforts.
       (6) Catastrophic event recovery project.--The term 
     ``catastrophic event recovery project'' means an individual 
     activity or a series of activities identified in a 
     catastrophic event recovery proposal for an area of Federal 
     land damaged by a catastrophic event and proposed to be 
     undertaken in response to the catastrophic event to promote 
     catastrophic event recovery.
       (7) Catastrophic event research project.--The term 
     ``catastrophic event research project'' means a 
     scientifically designed study of the effects and 
     effectiveness of--
       (A) any catastrophic event recovery projects undertaken in 
     an area of land damaged by a catastrophic event; and
       (B) any emergency stabilization treatments undertaken as 
     part of a burned area emergency response in the area of land 
     damaged by a catastrophic event.
       (8) Community wildfire protection plan.--The term 
     ``community wildfire protection plan'' has the meaning given 
     that term in section 101(3) of the Healthy Forest Restoration 
     Act of 2003 (16 U.S.C. 6511(3)).
       (9) Eligible entity.--The term ``eligible entity'', for 
     purposes of providing assistance under subtitle B of title 
     II, means a State Forester or equivalent State official, an 
     Indian tribe, local government, community-based organization, 
     or other person.
       (10) Federal land.--The term ``Federal land'' means land in 
     the National Forest System and public lands. The term does 
     not include any land contained in a component of the National 
     Wilderness Preservation System or designated as a national 
     monument.
       (11) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (12) Land and resource management plan.--The term ``land 
     and resource management plan'' means--
       (A) a land and resource management plan developed for a 
     unit of the National Forest System under section 6 of the 
     Forest and Rangeland Renewable Resources Planning Act of 1974 
     (16 U.S.C. 1604); or
       (B) a land use plan developed for an area of the public 
     lands under section 202 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1712).
       (13) Land-grant colleges and universities.--The term 
     ``land-grant colleges and universities'' has the meaning 
     given that term in section 1404(11) of the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3103(11)).
       (14) Landscape assessment.--The term ``landscape 
     assessment'' means an assessment describing catastrophic 
     event conditions and recovery needs and opportunities on non-
     Federal land affected by a catastrophic event and including a 
     list of proposed special recovery projects to address those 
     needs and opportunities.
       (15) National forest system.--The term ``National Forest 
     System'' has the meaning given that term in section 11(a) of 
     the Forest and Rangeland Renewable Resources Planning Act of 
     1974 (16 U.S.C. 1609(a)).
       (16) Pre-approved management practice.--The term ``pre-
     approved management practice'' means a management practice 
     identified by the Secretary concerned under section 104(a) 
     that may be immediately implemented as part of a catastrophic 
     event recovery project or catastrophic event research project 
     to facilitate the catastrophic event recovery of an area of 
     Federal land damaged by a catastrophic event.
       (17) Public lands.--The term ``public lands'' has the 
     meaning given that term in section 103(e) of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
       (18) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) the Secretary of Agriculture, with respect to National 
     Forest System land; and
       (B) the Secretary of the Interior, with respect to public 
     lands.
       (19) Special recovery project.--The term ``special recovery 
     project'' means an individual activity or a series of 
     activities proposed to be undertaken to rehabilitate, repair, 
     and restore non-Federal land damaged by a catastrophic event, 
     community infrastructure and facilities on the land, and 
     economic, social, and cultural conditions affected by the 
     catastrophic event.

       TITLE I--RESPONSE TO CATASTROPHIC EVENTS ON FEDERAL LANDS

     SEC. 101. DEVELOPMENT OF RESEARCH PROTOCOLS AND USE IN 
                   CATASTROPHIC EVENT RESEARCH PROJECTS.

       (a) Development of Protocols; Purpose.--For the purpose of 
     conducting and evaluating the effectiveness and effects of a 
     catastrophic event recovery project and of emergency 
     stabilization treatments undertaken as part of a burned area 
     emergency response, the Secretary concerned shall develop 
     research protocols consisting of--
       (1) a research approach that is specifically designed to 
     improve knowledge, understanding, and predictive 
     capabilities--
       (A) to increase the long-term benefits of management 
     activities, including natural and artificial regeneration of 
     vegetation; and
       (B) to decrease the short-term impacts of such management 
     activities;

[[Page H2590]]

       (2) an appropriate and scientifically sound experimental 
     design or set of sampling procedures; and
       (3) accompanying methods of data analysis and 
     interpretation.
       (b) Peer Review.--The research protocols developed under 
     subsection (a), and any subsequent modification thereof, 
     shall be subject to peer review, including independent, 
     third-party peer review, by scientific and land management 
     experts.
       (c) Time for Completion; Modification.--The research 
     protocols required by this section shall be submitted to 
     Congress not later than 180 days after the date of the 
     enactment of this Act. The Secretary concerned may modify the 
     research protocols, as the Secretary determines necessary, 
     after their submission to Congress. The Secretary concerned 
     shall notify Congress regarding any such modification.
       (d) Catastrophic Event Research Projects.--In accordance 
     with the research protocols developed under this section, the 
     Secretary concerned may conduct one or more catastrophic 
     event research projects in an area of land damaged by a 
     catastrophic event. The Secretary may develop a proposed 
     catastrophic event research project as part of a catastrophic 
     event recovery proposal or develop a catastrophic event 
     research project independently of the catastrophic event 
     recovery proposal during the catastrophic event recovery in 
     response to changing conditions in the area damaged by the 
     catastrophic event.
       (e) Public Access.--
       (1) Protocols.--The Secretary concerned shall make the 
     research protocols developed under subsection (a), including 
     any modification thereof, publicly available, in a form 
     determined to be appropriate by the Secretary.
       (2) Research results.--After completion of the peer review 
     required by subsection (b), the Secretary concerned shall 
     make the results of catastrophic event research projects 
     publicly available, in a form determined to be appropriate by 
     the Secretary.
       (f) Forest Health Partnerships.--In developing and using 
     the research protocols required by this section, the 
     Secretary concerned shall enter into cooperative agreements 
     with land-grant colleges and universities and other 
     institutions of higher education to form forest health 
     partnerships, including regional institutes, to utilize their 
     education, research, and outreach capacity to address the 
     catastrophic event recovery of forested land. A forest health 
     partnership may be aligned with the current network of 
     Cooperative Ecosystem Studies Units.

     SEC. 102. CATASTROPHIC EVENT RECOVERY EVALUATIONS.

       (a) Commencement.--
       (1) Evaluation required.--In response to a catastrophic 
     event affecting 1,000 or more acres of Federal land, the 
     Secretary concerned shall conduct a catastrophic event 
     recovery evaluation of the damaged Federal land.
       (2) Evaluation authorized.--If a catastrophic event affects 
     more than 250 acres of Federal land, but less than 1,000 
     acres, the Secretary concerned is authorized, but not 
     required, to conduct a catastrophic event recovery evaluation 
     of the damaged Federal land.
       (b) Time for Commencement.--
       (1) When evaluation required.--When a catastrophic event 
     recovery evaluation is required under subsection (a)(1), the 
     Secretary concerned shall commence the catastrophic event 
     recovery evaluation for the Federal land damaged by the 
     catastrophic event--
       (A) as soon as practicable during or after the conclusion 
     of the catastrophic event to facilitate prompt decision-
     making with regard to the catastrophic event recovery of the 
     damaged Federal land; but
       (B) in no event later than 30 days after the conclusion of 
     the catastrophic event.
       (2) When evaluation discretionary.--When a catastrophic 
     event recovery evaluation is simply discretionary under 
     subsection (a)(2), the Secretary concerned shall make a final 
     decision whether to commence a catastrophic event recovery 
     evaluation for the Federal land damaged by the catastrophic 
     event, and, if the final decision is to commence a 
     catastrophic event recovery evaluation, actually commence the 
     evaluation--
       (A) as soon as practicable during or after the conclusion 
     of the catastrophic event to facilitate prompt decision-
     making with regard to the catastrophic event recovery of the 
     damaged Federal land; but
       (B) in no event later than 30 days after the conclusion of 
     the catastrophic event.
       (c) Completion.--
       (1) Time for completion.--To facilitate prompt 
     implementation of catastrophic event recovery projects on 
     Federal land damaged by a catastrophic event when a 
     catastrophic event recovery evaluation is undertaken under 
     subsection (a), whether because the evaluation is required 
     under paragraph (1) of such subsection or because the 
     Secretary concerned makes a decision to conduct an evaluation 
     under paragraph (2) of such subsection, the Secretary 
     concerned shall complete the catastrophic event recovery 
     evaluation for the damaged Federal land not later than 30 
     days after the date on which Secretary commenced the 
     catastrophic event recovery evaluation.
       (2) Extension.--The Secretary concerned may extend the 
     completion date for a catastrophic event recovery evaluation, 
     on a case-by-case basis, when the Secretary concerned 
     determines that additional time is necessary to evaluate a 
     complex catastrophic event, an on-going catastrophic event, 
     or a series of catastrophic events. Only a single extension 
     may be provided for any catastrophic event recovery 
     evaluation, and the extension shall not be longer than 60 
     days after the date on which the evaluation was otherwise 
     required to be completed under paragraph (1).
       (d) Elements of Catastrophic Event Evaluation.--In 
     conducting the catastrophic event recovery evaluation for an 
     area of Federal land damaged by a catastrophic event, the 
     Secretary concerned shall prepare the following:
       (1) A description of catastrophic event conditions on the 
     damaged Federal land, recovery needs and opportunities, and 
     the areas where management intervention would be helpful to 
     achieve the catastrophic event recovery of the damaged 
     Federal land.
       (2) A preliminary determination of any catastrophic event 
     research projects that best fit the circumstances of the 
     particular catastrophic event environment or would enhance 
     scientific understanding relevant to the damaged area.
       (3) A catastrophic event recovery proposal containing 
     possible catastrophic event recovery projects and 
     catastrophic event research projects for the damaged area and 
     describing the anticipated size and scope of these projects.
       (4) One or more maps detailing the area of damaged Federal 
     land and the location of catastrophic event recovery 
     proposals.
       (5) A preliminary estimate of the funding that would be 
     needed to complete the catastrophic event recovery projects 
     and catastrophic event research projects contained in the 
     catastrophic event recovery proposal.
       (6) A preliminary estimate of the receipts, including 
     receipts from biomass and other forest products, to be 
     derived from the catastrophic event recovery projects and 
     catastrophic event research projects contained in the 
     catastrophic event recovery proposal, and, to the maximum 
     extent practicable, an estimate of revenues likely to be lost 
     if action is not taken in a timely manner.
       (7) A preliminary schedule showing the timing of possible 
     catastrophic event recovery projects and catastrophic event 
     research projects by fiscal year, assuming funding is 
     available to undertake the projects.
       (e) Use of Pre-Approved Management Practices or Emergency 
     Procedures.--
       (1) Determination.--In addition to complying with the 
     requirements specified in subsection (d) for each 
     catastrophic event recovery evaluation, the Secretary 
     concerned shall make a determination of--
       (A) whether or not any pre-approved management practices 
     should be immediately implemented under section 104 to 
     facilitate the catastrophic event recovery of the area 
     covered by the catastrophic event recovery evaluation; and
       (B) whether or not any catastrophic event recovery project 
     or catastrophic event research project, or portion of such a 
     project, contained in the catastrophic event recovery 
     proposal should be developed and carried out using the 
     emergency procedures authorized by section 105.
       (2) Factors.--In making any determination under paragraph 
     (1)(B) to develop and carry out a catastrophic event recovery 
     project or catastrophic event research project, or portion of 
     such a project, using emergency procedures under section 105, 
     the Secretary concerned shall consider at a minimum the 
     following:
       (A) The necessity of promptly responding to the 
     catastrophic event on the damaged Federal land.
       (B) The recovery needs and opportunities identified under 
     subsection (d)(1) with respect to the damaged Federal land.
       (C) The lack of pre-approved management practices 
     authorized by section 104 applicable to the damaged Federal 
     land.
       (D) The threat to public health and safety.
       (E) The likelihood of substantial loss of adjacent private 
     and public property or other substantial economic losses.
       (3) CEQ notification.--The Secretary concerned shall make 
     the determination under paragraph (1) after notification of 
     the Council on Environmental Quality, but the determination 
     remains in the sole discretion of the Secretary.
       (f) Interdisciplinary Approach.--To conduct the 
     catastrophic event recovery evaluation of an area of Federal 
     land damaged by a catastrophic event, the Secretary concerned 
     shall use a systematic, interdisciplinary approach that 
     insures the integrated use of appropriate natural and social 
     sciences.
       (g) Coordination With Other Activities.--
       (1) Related assessment of non-federal land.--The Secretary 
     concerned may combine the preparation of a catastrophic event 
     recovery evaluation of Federal land with the preparation of a 
     landscape assessment for non-Federal land in the vicinity of 
     the damaged Federal land prepared under subtitle B of title 
     II or subsection (c) of section 10A of the Cooperative 
     Forestry Assistance Act of 1978 (16 U.S.C. 2106c), as added 
     by section 201.
       (2) Related community wildfire protection plans.--During 
     preparation of a catastrophic event recovery evaluation for 
     an area of Federal land damaged by a catastrophic event 
     involving wildfire, the Secretary concerned shall consider 
     post-fire management recommendations, if any, contained in 
     any community wildfire protection plan addressing the damaged 
     Federal land.
       (h) Public Collaboration.--To encourage meaningful 
     participation during the preparation of catastrophic event 
     recovery projects, the Secretary concerned shall facilitate 
     collaboration among State and local governments, Indian 
     tribes, land-grant colleges and

[[Page H2591]]

     universities, and interested persons during the preparation 
     of catastrophic event recovery evaluations and catastrophic 
     event recovery proposals.
       (i) Public Notice.--
       (1) Notice of evaluation.--The Secretary concerned shall 
     provide public notice of each catastrophic event recovery 
     evaluation, including the catastrophic event recovery 
     proposal prepared as part of the evaluation. The notice shall 
     be provided in a form determined to be appropriate by the 
     Secretary concerned.
       (2) Notice of public meetings.--The Secretary concerned 
     shall provide notice of public meetings conducted in 
     connection with a catastrophic event recovery evaluation and 
     the availability of preliminary analyses or documents 
     prepared as part of the evaluation. The notice shall be 
     provided at such times and in such a manner as the Secretary 
     concerned considers appropriate.

     SEC. 103. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT.

       (a) Compliance Required.--Except as provided in subsection 
     (b), the Secretary concerned shall comply with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.), 
     its implementing regulations, and other applicable laws in 
     designing and conducting catastrophic event recovery projects 
     and catastrophic event research projects.
       (b) Satisfaction of NEPA Requirements.--The following 
     activities are deemed to satisfy the requirements of section 
     102 of the National Environmental Policy Act of 1969 (42 
     U.S.C. 4332 et seq.) and its implementing regulations:
       (1) The preparation of the list of pre-approved management 
     practices under section 104.
       (2) The use of pre-approved management practices on the 
     list in the manner provided in section 104.
       (3) The use of emergency procedures in the manner provided 
     in section 105.

     SEC. 104. AVAILABILITY AND USE OF PRE-APPROVED MANAGEMENT 
                   PRACTICES.

       (a) List of Available Pre-Approved Management Practices.--
     The Secretary concerned shall prepare a list of management 
     practices, by forest type or plant association group, that 
     may be immediately implemented as part of a catastrophic 
     event recovery project or catastrophic event research project 
     to facilitate the catastrophic event recovery of an area of 
     Federal land damaged by a catastrophic event. The list of 
     pre-approved management practices shall be prepared using 
     notice and comment rule making under section 553 of title 5, 
     United States Code.
       (b) Peer Review.--Before a management practice may be 
     included on the list of pre-approved management practices, 
     the management practice shall be subject to peer review, 
     including independent, third-party peer review, by scientific 
     and land management experts. The results of the peer review 
     shall be available to the public during the comment period.
       (c) Revision or Amendment of List.--The Secretary concerned 
     may amend or revise the list of pre-approved management 
     practices as necessary whenever new scientific and managerial 
     information becomes available. Subsections (a) and (b) shall 
     apply to the amendment or revision process.
       (d) Use for Certain Activities Prohibited.--
       (1) Road construction.--A pre-approved management practice 
     may not authorize any permanent road building. Any temporary 
     road constructed as part of a pre-approved management 
     practice shall be obliterated upon conclusion of the practice 
     and the road area restored to the extent practicable.
       (2) Timber harvesting.--Timber harvesting carried out as 
     part of a pre-approved management practice shall be limited 
     to trees--
       (A) that are already down, dead, broken, or severely root 
     sprung;
       (B) regarding which mortality is highly probable within 
     five years after the end of the catastrophic event; or
       (C) that are required to be removed for worker or public 
     safety.
       (e) Compliance With Other Laws.--
       (1) ESA consultation.--In the case of the proposed use of a 
     pre-approved management practice included on the list 
     prepared under subsection (a), the Secretary concerned may 
     use the emergency procedures described in section 402.05 of 
     title 50, Code of Federal Regulations, to comply with section 
     7 of the Endangered Species Act of 1973 (16 U.S.C. 1536). At 
     the conclusion of the consultation, the statement required by 
     subsection (b)(4) of such section shall be issued for any 
     incidental taking that may occur while using the pre-approved 
     management practice, which shall be effective beginning on 
     the date the Secretary concerned initiates the practice and 
     shall apply to all persons assisting or cooperating with the 
     Secretary in using the practice.
       (2) Other required consultation.--Any consultation required 
     under other laws, such as the National Historic Preservation 
     Act (16 U.S.C. 470 et seq.), may proceed simultaneously with 
     the implementation of a pre-approved management practice. 
     Results of consultation shall be immediately incorporated 
     into the practice, to the extent feasible, practical, and 
     consistent with the response, recovery, and rehabilitation 
     objectives of the project.
       (3) Federal water pollution control act compliance.--
     Compliance with any applicable requirements of the Federal 
     Water Pollution Control Act (33 U.S.C. 1251 et seq.) may 
     proceed simultaneously with the implementation of a pre-
     approved management practice.
       (f) Issuance of Decision Document.--Not later than 30 days 
     after the date on which the Secretary concerned makes the 
     determination under section 102(e) to use a pre-approved 
     management practice to facilitate the catastrophic event 
     recovery of an area of Federal land damaged by a catastrophic 
     event, the Secretary concerned shall issue a concise decision 
     document that contains the following:
       (1) A description of the pre-approved management practice 
     to be implemented.
       (2) The rationale for the agency decision.
       (3) An economic analysis and justification.
       (4) An analysis of the environmental effects of the pre-
     approved management practice and how such effects will be 
     minimized or mitigated consistent with the applicable land 
     and resource management plan. As part of this analysis, the 
     Secretary concerned shall consider, to the extent the 
     Secretary concerned determines appropriate, forest type or 
     plant association group, standing- and down-dead wood, 
     watershed, water quality, wildlife habitat, and soils 
     applicable to the damaged Federal land.
       (g) Immediate Implementation.--The Secretary concerned 
     shall implement a pre-approved management practice 
     immediately after the issuance of the decision document under 
     subsection (f), subject only to the availability of funds for 
     the practice.
       (h) Monitoring.--To monitor the implementation of a pre-
     approved management practice, the Secretary concerned may 
     establish a third-party monitoring group, as determined to be 
     appropriate by the Secretary.

     SEC. 105. AVAILABILITY AND USE OF EMERGENCY PROCEDURES.

       (a) Limited Consideration of Alternatives.--If the 
     Secretary concerned determines under section 102(e) to 
     utilize emergency procedures to conduct a catastrophic event 
     recovery project or catastrophic event research project, or 
     portion of such a project, the Secretary concerned is not 
     required to study, develop, or describe more than the 
     proposed agency action and the alternative of no action in 
     designing that project or the portion of the project for 
     which the emergency procedures are utilized.
       (b) Use for Certain Activities Prohibited.--
       (1) Road construction.--Emergency procedures under this 
     section may not be used to design or conduct a catastrophic 
     event recovery project or catastrophic event research 
     project, or portion of such a project, that provides for any 
     permanent road building. Any temporary road constructed as 
     part of the project shall be obliterated upon completion of 
     the project and the road area restored to the extent 
     practicable.
       (2) Timber harvesting.--Timber harvesting carried out as 
     part of a catastrophic event recovery project or catastrophic 
     event research project, or portion of such a project, for 
     which emergency procedures under this section were used shall 
     be limited to trees--
       (A) that are already down, dead, broken, or severely root 
     sprung;
       (B) regarding which mortality is highly probable within 
     five years after the end of the catastrophic event; or
       (C) that are required to be removed for worker or public 
     safety.
       (c) Compliance With Other Laws.--
       (1) ESA consultation.--In the case of a catastrophic event 
     recovery project or catastrophic event research project, or 
     portion of such a project, for which emergency procedures 
     under this section are used, the Secretary concerned may use 
     the procedures described in section 402.05 of title 50, Code 
     of Federal Regulations, to comply with section 7 of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536). At the 
     conclusion of the consultation, the statement required by 
     subsection (b)(4) of such section shall be issued for any 
     incidental taking that may occur under the project, which 
     shall be effective beginning on the date the Secretary 
     concerned initiates action under the project and shall apply 
     to all persons assisting or cooperating with the Secretary 
     under the project.
       (2) Other required consultation.--Any consultation required 
     under other laws, such as the National Historic Preservation 
     Act (16 U.S.C. 470 et seq.), may proceed simultaneously with 
     the design of a catastrophic event recovery project or 
     catastrophic event research project, or portion of such a 
     project, for which emergency procedures under this section 
     are used. Results of consultation shall be immediately 
     incorporated into the project, to the extent feasible, 
     practical, and consistent with the response, recovery, and 
     rehabilitation objectives of the project.
       (3) Federal water pollution control act compliance.--
     Compliance with any applicable requirements of the Federal 
     Water Pollution Control Act (33 U.S.C. 1251 et seq.) may 
     proceed simultaneously with the design of a catastrophic 
     event recovery project or catastrophic event research 
     project, or portion of such a project, for which emergency 
     procedures under this section are used.
       (d) Completion of Emergency Procedures and Issuance of 
     Decision Document.--Not later than 90 days after the date on 
     which the Secretary concerned makes the determination under 
     section 102(e) to develop and carry out a catastrophic event 
     recovery project or catastrophic event research project, or 
     portion of such a project, using

[[Page H2592]]

     emergency procedures, the Secretary concerned shall--
       (1) complete the emergency procedures for that catastrophic 
     event recovery project or catastrophic event research 
     project, or portion thereof, under this section; and
       (2) issue a concise decision document that contains the 
     following:
       (A) The rationale for the agency decision.
       (B) An economic analysis and justification.
       (C) An analysis of the environmental effects of the project 
     and how such effects will be minimized or mitigated 
     consistent with the applicable land and resource management 
     plan. As part of this analysis, the Secretary concerned shall 
     consider, to the extent the Secretary concerned determines 
     appropriate, forest type or plant association group, 
     standing- and down-dead wood, watershed, water quality, 
     wildlife habitat, and soils applicable to the damaged Federal 
     land.
       (e) Immediate Implementation.--In the case of a 
     catastrophic event recovery project or catastrophic event 
     research project, or portion of such a project, for which the 
     emergency procedures authorized by this section are used, the 
     Secretary concerned shall implement the project, or portion 
     of the project, immediately after the issuance of the 
     decision document under subsection (d), subject only to the 
     availability of funds for the project.
       (f) Monitoring.--To monitor a catastrophic event recovery 
     project or catastrophic event research project, or portion of 
     such a project, for which the emergency procedures authorized 
     by this section were used, the Secretary concerned may 
     establish a third-party monitoring group, as determined to be 
     appropriate by the Secretary.

     SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW.

       (a) Administrative Review Generally.--Except as provided in 
     subsection (b), nothing in this title affects--
       (1) the notice, comment, and appeal requirements of section 
     322 of the Department of the Interior and Related Agencies 
     Appropriations Act, 1993 (Public 102-381; 16 U.S.C. 1612 
     note); and
       (2) section 215 of title 36, Code of Federal Regulations.
       (b) Predecisional Administrative Notice, Comment, and 
     Review.--
       (1) Interim final regulations.--Not later than 60 days 
     after the date of the enactment of this Act, the Secretary of 
     Agriculture shall promulgate interim final regulations to 
     establish a predecisional administrative review process that 
     will serve as the sole means by which--
       (A) the Secretary of Agriculture will provide notice of and 
     solicit comments regarding--
       (i) the proposed use of a pre-approved management practice 
     under section 104 on National Forest System land; and
       (ii) a catastrophic event recovery project or catastrophic 
     event research project, or portion of such a project, for 
     which the emergency procedures under section 105 are used on 
     National Forest System land; and
       (B) a person can seek administrative review regarding--
       (i) the proposed use of a pre-approved management practice 
     under section 104 on National Forest System land; and
       (ii) a catastrophic event recovery project or catastrophic 
     event research project, or portion of such a project, for 
     which the emergency procedures under section 105 are used on 
     National Forest System land.
       (2) Period covered by review process.--The review portion 
     of the predecisional administrative review process described 
     in paragraph (1)(B) shall occur during the period--
       (A) beginning on the date on which the Secretary of 
     Agriculture makes a determination to use pre-approved 
     management practices or emergency procedures under section 
     102(e); and
       (B) ending not later than the date of the issuance of 
     applicable decision document under section 104 or 105.
       (3) Effective date.--The interim final regulations 
     promulgated under paragraph (1) shall take effect on the date 
     of promulgation of the regulations.
       (4) Final regulations.--The Secretary of Agriculture shall 
     promulgate final regulations to establish the predecisional 
     administrative review process described in paragraph (1) as 
     soon as practicable after the interim final regulations have 
     been promulgated and a reasonable period of time has been 
     provided for public comment.
       (c) Judicial Review.--Section 106 of the Healthy Forests 
     Restoration Act of 2003 (16 U.S.C. 6516) shall apply with 
     respect to the implementation of a pre-approved management 
     practice under section 104 or a catastrophic event recovery 
     project or catastrophic event research project regarding 
     which the applicable administrative review process has been 
     exhausted. In any proceeding for judicial review of agency 
     action under this subsection, attorney fees awarded to a 
     prevailing party may not exceed the hourly rates established 
     in section 3006A of title 18, United States Code.

     SEC. 107. GUIDANCE REGARDING REFORESTATION IN RESPONSE TO 
                   CATASTROPHIC EVENTS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary concerned shall--
       (1) standardize the collection, reporting, and review 
     procedures for data regarding more aggressive, expedited, and 
     comprehensive reforestation in response to catastrophic 
     events by clarifying agency-wide guidance and developing 
     standard protocols for determining when and how reforestation 
     can be best achieved as part of the response to catastrophic 
     events;
       (2) clarify agency-wide guidance regarding reforestation in 
     response to catastrophic events to ensure that such guidance 
     is consistent with agency goals and budget constraints; and
       (3) clarify agency-wide guidance regarding the development, 
     during the revision of a land and resource management plan, 
     of goals and objectives for catastrophic event recovery to 
     ensure that such guidance addresses catastrophic event 
     recovery objectives, by forest type or plant association 
     group, related to standing- and down-dead wood, soil and 
     watershed protection, wildlife habitat, and other resource 
     values.

     SEC. 108. EFFECT OF TITLE.

       (a) Use of Other Authorities.--Nothing in this title 
     affects the use by the Secretary concerned of other statutory 
     or administrative authority, including categorical exclusions 
     adopted to implement the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.), to conduct a catastrophic 
     event recovery project or catastrophic event research 
     project, or portion of such a project, that is not conducted 
     using the emergency procedures authorized by section 105.
       (b) Preference for Local Operators.--In the manner provided 
     in section 420 of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2006 
     (Public Law 109-54; 119 Stat. 553), the Secretary concerned 
     may give consideration to local contractors in awarding a 
     Federal contract to implement--
       (1) a pre-approved management practice under section 104; 
     or
       (2) a catastrophic event recovery project or catastrophic 
     event research project, or portions of such a project, for 
     which the emergency procedures under section 105 are used.
       (c) Advisory Committees.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) and title XVIII of the Food and 
     Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall not 
     apply to--
       (1) the peer review provided by scientific and land 
     management experts under section 101(b) or 104(b);
       (2) the monitoring process under section 104(h) or 105(f); 
     and
       (3) the preparation of a catastrophic event recovery 
     evaluation or catastrophic event recovery proposal.

     SEC. 109. STANDARDS FOR TREE RETENTION.

       (a) Standing Dead Trees and Downed Wood.--In planning or 
     conducting any catastrophic event recovery project or 
     catastrophic event research project, the Secretary concerned 
     shall ensure that--
       (1) standing dead tree and downed wood retention guidelines 
     contained in the applicable land and resource management plan 
     are applied; or
       (2) if the applicable land and resource management plan 
     does not contain standing dead tree and downed wood retention 
     guidelines, adequate standing dead trees and downed wood of 
     the oldest age class are retained in the project area--
       (A) to provide habitat for associated species through 
     various stages of forest development;
       (B) to provide a long-term nutrient source; and
       (C) to retain, to the extent practicable and appropriate 
     for forest type and plant association group, the more decay-
     resistant species.
       (b) Exception.--Subsection (a) shall not apply if the 
     Secretary concerned determines that science from land-grant 
     colleges and universities or a Forest Service Research 
     Station provides more appropriate standing dead tree and 
     downed wood retention guidelines for a particular 
     catastrophic event recovery project or catastrophic event 
     research project.
       (c) Plan Amendment.--The Secretary concerned may amend a 
     land and resource management plan to incorporate standing 
     dead tree and downed wood retention guidelines, specific to 
     forest type or plant association group.

TITLE II--RESTORING LANDSCAPES AND COMMUNITIES IMPACTED BY CATASTROPHIC 
                                 EVENTS

        Subtitle A--Cooperative Forestry Assistance Act of 1978

     SEC. 201. ASSISTANCE UNDER COOPERATIVE FORESTRY ASSISTANCE 
                   ACT OF 1978 TO RESTORE LANDSCAPES AND 
                   COMMUNITIES AFFECTED BY CATASTROPHIC EVENTS.

       (a) Assistance Authorized.--Section 10A of the Cooperative 
     Forestry Assistance Act of 1978 (16 U.S.C. 2106c) is 
     amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Response to Catastrophic Events Affecting Non-Federal 
     Lands.--
       ``(1) Landscape assessments.--At the request of an eligible 
     entity, the Secretary may cooperate with the eligible entity 
     in the preparation of a landscape assessment for non-Federal 
     lands affected by a catastrophic event. The Secretary may 
     combine the preparation of a landscape assessment with the 
     preparation of a catastrophic event recovery evaluation under 
     title I of the Forest Emergency Recovery and Research Act 
     regarding Federal land in the vicinity of the damaged non-
     Federal land.
       ``(2) Community assessments.--At the request of an eligible 
     entity affected by a catastrophic event, the Secretary may 
     cooperate

[[Page H2593]]

     with the eligible entity in the preparation of a community 
     wildfire protection plan or related plan.
       ``(3) Decision to provide assessment assistance.--In 
     response to the request of an eligible entity for assistance 
     under paragraph (1) or (2), the Secretary shall make a 
     decision, within 30 days after receiving the request, whether 
     or not to provide such assistance. The decision rests in the 
     sole discretion of the Secretary, but, if the Secretary 
     rejects the request for assistance, the Secretary shall 
     provide the eligible entity with an explanation of the 
     reasons for the rejection.
       ``(4) Types of assistance.--The Secretary concerned may 
     provide technical and financial cost-share assistance to an 
     eligible entity--
       ``(A) to assist in the preparation of a landscape 
     assessment under paragraph (1) or a community wildfire 
     protection plan, community assessment, or community action 
     plan under paragraph (2); and
       ``(B) to implement special recovery projects identified in 
     the landscape assessment or community wildfire protection 
     plan, community assessment, or community action plan.
       ``(5) Special recovery projects.--Special recovery projects 
     supported under paragraph (4)(B) may include projects 
     involving--
       ``(A) revegetation, tree planting, and other management 
     practices the Secretary determines to be appropriate;
       ``(B) developing products from and markets for timber 
     harvested in response to a catastrophic event and remaining 
     forest resources;
       ``(C) training for the local populace for work in 
     connection with catastrophic event recovery;
       ``(D) repair of forest roads, bridges, and trails and water 
     supply areas affected by a catastrophic event; and
       ``(E) such other activities as the Secretary determines to 
     be necessary to undertake the special recovery project.
       ``(6) Additional funding sources.--Amounts appropriated to 
     the Secretary to carry out sections 8 and 10 may be used to 
     provide assistance under this subsection.
       ``(7) Definitions.--In this subsection:
       ``(A) The term `eligible entity' means a State Forester or 
     equivalent State official, an Indian tribe, or local 
     government. The term may include community-based 
     organizations and other persons working in conjunction with a 
     State Forester or equivalent State official, an Indian tribe, 
     or local government.
       ``(B) The terms `catastrophic event', `landscape 
     assessment', and `special recovery project' have the meanings 
     given those terms in section 3 of the Forest Emergency 
     Recovery and Research Act.
       ``(C) The term `community wildfire protection plan' has the 
     meaning given that term in section 101(3) of the Healthy 
     Forest Restoration Act of 2003 (16 U.S.C. 6511(3)).''.
       (b) Clerical Amendment.--The heading of such section is 
     amended by inserting before the period at the end the 
     following: ``AND RESPONSE TO CATASTROPHIC EVENTS''.

           Subtitle B--Department of the Interior Assistance

     SEC. 211. RESTORING LANDSCAPES.

       (a) Landscape Assessments.--At the request of an eligible 
     entity, the Secretary of the Interior may cooperate with the 
     eligible entity in the preparation of a landscape assessment 
     for non-Federal lands affected by a catastrophic event. The 
     Secretary may combine the preparation of a landscape 
     assessment with the preparation of a catastrophic event 
     recovery evaluation under title I regarding Federal land in 
     the vicinity of the damaged non-Federal land.
       (b) Decision to Provide Assessment Assistance.--In response 
     to the request of an eligible entity for assistance under 
     subsection (a), the Secretary of the Interior shall make a 
     decision, within 30 days after receiving the request, whether 
     or not to provide such assistance. The decision rests in the 
     sole discretion of the Secretary, but, if the Secretary 
     rejects the request for assistance, the Secretary shall 
     provide the eligible entity with an explanation of the 
     reasons for the rejection.
       (c) Types of Assistance.--The Secretary of the Interior may 
     provide technical and financial cost-share assistance to an 
     eligible entity--
       (1) to assist in the preparation of a landscape assessment; 
     and
       (2) to implement special recovery projects identified in 
     the landscape assessment.
       (d) Special Recovery Projects.--The Secretary of the 
     Interior may provide assistance under subsection (c)(2) for 
     special recovery projects, including revegetation, tree 
     planting, and other practices the Secretary determines to be 
     appropriate.

     SEC. 212. RESTORING COMMUNITIES.

       (a) Community Assessments.--At the request of an eligible 
     entity affected by a catastrophic event, the Secretary of the 
     Interior may cooperate with the eligible entity in the 
     preparation of a community wildfire protection plan or 
     related plan.
       (b) Decision to Provide Assessment Assistance.--In response 
     to the request of an eligible entity for assistance under 
     subsection (a), the Secretary of the Interior shall make a 
     decision, within 30 days after receiving the request, whether 
     or not to provide such assistance. The decision rests in the 
     sole discretion of the Secretary, but, if the Secretary 
     rejects the request for assistance, the Secretary shall 
     provide the eligible entity with an explanation of the 
     reasons for the rejection.
       (c) Types of Assistance.--The Secretary of the Interior may 
     provide technical and financial cost-share assistance to an 
     eligible entity--
       (1) to assist in the preparation of development of a 
     community wildfire protection plan, a community assessment, 
     or a community action plan; and
       (2) to implement special recovery projects identified in a 
     community wildfire protection plan, a community assessment, 
     or a community action plan.
       (d) Special Recovery Projects.--Special recovery projects 
     supported under subsection (c)(2) may include projects 
     involving--
       (1) developing products from and markets for timber 
     harvested in response to a catastrophic event and remaining 
     forest resources;
       (2) training for the local populace for work in connection 
     with catastrophic event recovery;
       (3) repair of forest roads, bridges, and trails and water 
     supply areas affected by a catastrophic event; and
       (4) such other activities as the Secretary determines to be 
     necessary to undertake the special recovery project.

                    TITLE III--EXPERIMENTAL FORESTS

     SEC. 301. FINDINGS.

       Congress finds the following:
       (1) The experimental forests established pursuant to 
     section 4 of the Forest and Rangeland Renewable Resources 
     Research Act of 1978 (16 U.S.C. 1643) or the organic 
     administrative authorities of the Secretary of Agriculture 
     (16 U.S.C. 551) serve as a natural laboratory for the Forest 
     Service to evaluate management practices generally and 
     specific responses to catastrophic events that can be 
     eventually used throughout the National Forest System.
       (2) To build upon the knowledge base to be developed using 
     catastrophic events research projects conducted under title 
     I, the Secretary of Agriculture should be authorized to use 
     the same authorities provided under sections 104 and 105 to 
     design and carry out projects in the experimental forests.

     SEC. 302. AVAILABILITY AND USE OF PRE-APPROVED MANAGEMENT 
                   PRACTICES ON NATIONAL FOREST EXPERIMENTAL 
                   FORESTS.

       Management practices included on the list of pre-approved 
     management practices prepared under subsection (a) of section 
     104 may be implemented, in the manner provided by such 
     section, in an experimental forest established pursuant to 
     section 4 of the Forest and Rangeland Renewable Resources 
     Research Act of 1978 (16 U.S.C. 1643) or the organic 
     administrative authorities of the Secretary of Agriculture 
     (16 U.S.C. 551).

     SEC. 303. LIMITED CONSIDERATION OF ALTERNATIVES FOR PROJECTS 
                   ON NATIONAL FOREST EXPERIMENTAL FORESTS.

       Section 105(a) shall apply with respect to any individual 
     activity or a series of activities proposed to be undertaken 
     in an experimental forest established pursuant to section 4 
     of the Forest and Rangeland Renewable Resources Research Act 
     of 1978 (16 U.S.C. 1643) or the organic administrative 
     authorities of the Secretary of Agriculture (16 U.S.C. 551).

                      TITLE IV--GENERAL PROVISIONS

     SEC. 401. REGULATIONS.

       Except as provided in section 106(b), the Secretary 
     concerned is not required to promulgate regulations to 
     implement this Act.

     SEC. 402. DEDICATED SOURCE OF FUNDS FOR RESEARCH AND 
                   MONITORING.

       (a) Special Account.--The Secretary of the Treasury shall 
     establish a special account in the Treasury for each 
     Secretary concerned.
       (b) Deposits.--Ten percent of the gross proceeds derived by 
     the Secretary concerned from catastrophic event recovery 
     projects and catastrophic event research projects conducted 
     by the Secretary concerned under title I shall--
       (1) be deposited in the special account established for 
     that Secretary; and
       (2) remain available, without further appropriation and 
     until expended, for expenditure as provided in subsection 
     (c).
       (c) Research-Related Use of Special Accounts.--The 
     Secretary concerned shall use amounts in the special account 
     established for that Secretary--
       (1) to develop research protocols under section 101;
       (2) to prepare and implement catastrophic event research 
     projects; and
       (3) to provide for monitoring under sections 104 and 105.
       (d) Relation to Other Funds.--Amounts in the special 
     account established for the Secretary concerned are in 
     addition to other amounts available to that Secretary for the 
     purposes described in subsection (c).

     SEC. 403. OTHER FUNDING SOURCES.

       (a) Availability of Knutson-Vandenberg Funds.--Section 3 of 
     the Act of June 9, 1930 (commonly known as the Knutson-
     Vandenberg Act; 16 U.S.C. 576b), is amended--
       (1) by striking ``Such deposits shall be covered'' and 
     inserting the following:
       ``(b) Amounts deposited under subsection (a) shall be 
     covered'';
       (2) by inserting after ``national park.'' the following new 
     sentence: ``The Secretary of Agriculture may also use excess 
     amounts to cover the costs of activities of the Secretary 
     under title I of the Forest Emergency Recovery and Research 
     Act.''; and
       (3) in subsection (c)--

[[Page H2594]]

       (A) in paragraph (1), by striking ``and'';
       (B) by redesignating paragraph (2) as paragraph (3); and
       (C) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) the excess amounts will not be needed for activities 
     of the Secretary under title I of the Forest Emergency 
     Recovery and Research Act during the fiscal year in which the 
     transfer would be made; and''.
       (b) Availability of Forest Service Salvage Sale Funds.--
     Section 14(h) of the National Forest Management Act of 1976 
     (16 U.S.C. 472a(h)) is amended--
       (1) in the fourth sentence, by inserting after ``the 
     purposes for which deposited'' the following: ``and to cover 
     the costs of activities of the Secretary under title I of the 
     Forest Emergency Recovery and Research Act''; and
       (2) in last proviso, by striking ``for which deposited on 
     any national forest'' and inserting ``for which deposits of 
     money are available under this subsection''.
       (c) Availability of BLM Revolving Fund Derived From 
     Disposal of Salvage Timber.--The first paragraph under the 
     headings ``Forest Ecosystems Health and Recovery'' and 
     ``revolving fund, special account'' in title I of the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 1993 (Public Law 102-381; 106 Stat. 1376; 
     43 U.S.C. 1736a), is amended by adding at the end the 
     following new sentence: ``The money in this fund shall 
     likewise be immediately available to cover the costs of 
     activities of the Bureau of Land Management under title I of 
     the Forest Emergency Recovery and Research Act.''.

     SEC. 404. EFFECT OF DECLARATION OF MAJOR DISASTER OR 
                   EMERGENCY.

       (a) Availability of Funds.--If an area of non-Federal land 
     damaged by a catastrophic event is also covered by a 
     declaration by the President under section 401 or 501 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170, 5191) that a major disaster or emergency 
     exists, the Director of Federal Emergency Management Agency 
     may use funds available for activities under that Act to 
     reimburse the Secretary concerned for assistance in that area 
     provided under--
       (1) subtitle B of title II; or
       (2) subsection (c) of section 10A of the Cooperative 
     Forestry Assistance Act of 1978 (16 U.S.C. 2106c), as added 
     by section 201.
       (b) Limitation.--Reimbursements under subsection (a) shall 
     be limited to those activities authorized under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122 et seq.) for which assistance under paragraph (1) 
     or (2) of such subsection is provided.