HR 1522 IH

To safeguard communities, lives, and property from catastrophic wildfire by authorizing contracts to reduce hazardous fuels buildups on forested Federal lands in wildland/urban interface areas while also using such contracts to undertake forest management projects to protect noncommodity resources, and for other purposes.

To safeguard communities, lives, and property from catastrophic wildfire by authorizing contracts to reduce hazardous fuels buildups on forested Federal lands in wildland/urban interface areas while also using such contracts to undertake forest management projects to protect noncommodity resources, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Community Protection and Hazardous Fuels Reduction Act of 1999'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--COMMUNITY PROTECTION AND HAZARDOUS FUELS REDUCTION

Sec. 101. Findings and purpose.

Sec. 102. Definitions.

Sec. 103. Identification of wildland/urban interface areas.

Sec. 104. Contracting to reduce hazardous fuels buildups and undertake forest management projects in wildland/urban interface areas.

Sec. 105. Monitoring requirements.

Sec. 106. Reporting requirements.

Sec. 107. Termination of authority.

Sec. 108. Authorization of appropriations.

TITLE II--OTHER MATTERS

Sec. 201. Establishment of forest fire research centers.

SEC. 101. FINDINGS AND PURPOSE.

(a) FINDINGS- The Congress finds the following:

(1) Management of Federal lands has been characterized by large cyclical variations in fire suppression policies, timber harvesting levels, and the attention paid to commodity and noncommodity values.

(2) Forests on Federal lands are experiencing significant disease epidemics and insect infestations.

(3) The combination of inconsistent management and natural effects has resulted in a hazardous fuels buildup on Federal lands that threatens catastrophic wildfire.

(4) While the long-term effect of catastrophic wildfire on forests and forest systems is a matter of debate, there should be no question that forests must be managed to prevent catastrophic wildfire in areas of the Federal lands where wildlands abut, or are located in close proximity to, communities, residences, and other private and public facilities on non-Federal lands.

(5) Wildfire resulting from hazardous fuels buildup in such wildland/urban interface areas threatens the destruction of communities, puts human life and property at risk, threatens community water supplies with erosion that follows wildfire, destroys wildlife habitat, and diminishes ambient air quality.

(6) The Secretary of the Interior and the Secretary of Agriculture must assign a high priority and undertake aggressive management to reduce the risk of wildfire in wildland/urban interface areas on Federal lands through the elimination of hazardous fuels buildups in such areas. The protection of human life and property and the protection of water supplies and ambient air quality in wildland/urban interface areas must be given the highest priority.

(7) The noncommodity resources of wildland/urban interface areas on Federal lands, including such resources as riparian zones and wildlife habitats, which must be protected to provide recreational opportunities, clean water, and other amenities to neighboring communities and the public suffer from a backlog of forest management projects designed to provide such protection.

(8) In a period of fiscal austerity characterized by shrinking budgets and personnel levels, Congress must provide the Secretary of the Interior and the Secretary of Agriculture with innovative tools to accomplish the required reduction in hazardous fuels buildup and to undertake other forest management projects in the wildland/urban interface areas on the Federal lands at the least cost.

(b) PURPOSE- The purpose of this title is to provide new authority and innovative tools to the Secretary of the Interior and the Secretary of Agriculture--

(1) to safeguard communities, lives, and property by reducing or eliminating the threat of catastrophic wildfire in wildland/urban interface areas on Federal lands; and

(2) to undertake needed forest management projects in such areas.

SEC. 102. DEFINITIONS.

As used in this title:

(1) CONGRESSIONAL COMMITTEES- The term `congressional committees' means the Committee on Resources and the Committee on Agriculture of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate.

(2) ELIGIBLE FOREST PRODUCTS SALE- The term `eligible forest products sale' means a sale of forest products in a wildland/urban interface area identified under section 103 that is conducted for the primary purpose of reducing hazardous fuels buildups in the area and is supplemental to the existing timber sale program for the Federal lands containing the area.

(3) FEDERAL LANDS- The term `Federal lands' means--

(A) federally managed lands administered by the Bureau of Land Management under the Secretary of the Interior; and

(B) federally managed forest lands created from the public domain and administered by the Secretary of Agriculture.

(4) FOREST MANAGEMENT PROJECT- The term `forest management project' means a project designed to protect one or more noncommodity resources on or in close proximity to Federal lands. Such projects may include riparian zone enhancement, habitat improvement, noncommercial hazardous fuels reduction, and soil stabilization or other water quality improvement project.

(5) FOREST PRODUCT- The term `forest products' means any tree or tree part that can be used for a commercial purpose.

(6) FUELS- The term `fuels' includes forage, woody debris, duff, needle cast, brush, understory, ladder fuels, and dead or dying overstory.

(7) HAZARDOUS FUELS BUILDUP- The term `hazardous fuels buildup' means the level of fuels accumulation on Federal lands at which an ignition, together with the right combination of weather and topographic conditions, can result in--

(A) a dangerous exposure of risk to firefighters and the public; or

(B) a high potential to cause risk of loss to key components that define ecological resources, capital investments, and private property.

(8) LAND MANAGEMENT PLAN- The term `land management plan' means the following:

(A) With respect to Federal lands described in paragraph (3)(A), a land use plan prepared by the Bureau of Land Management pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), or other multiple-use plan currently in effect.

(B) With respect to Federal lands described in paragraph (3)(B), a land and resource management plan (or if no final plan is in effect, a draft land and resource management plan) prepared by the Forest Service pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).

(9) SECRETARY CONCERNED- The term `Secretary concerned' means--

(A) with respect to the Federal lands described in paragraph (3)(A), the Secretary of the Interior; and

(B) with respect to the Federal lands described in paragraph (3)(B), the Secretary of Agriculture.

(10) WILDLAND/URBAN INTERFACE AREA- The term `wildland/urban interface area' means a sufficient area or zone between structures or other human development and undeveloped wildland or vegetative fuel, as defined in the definitions of the Secretary concerned in effect as of the date of the enactment of this Act.

SEC. 103. IDENTIFICATION OF WILDLAND/URBAN INTERFACE AREAS.

(a) IDENTIFICATION DEADLINE- On or before February 28 of each year, each District Manager of the Bureau of Land Management and each Forest Supervisor of the Forest Service shall identify those areas on Federal lands within the jurisdiction of the District Manager or Forest Supervisor that the District Manager or Forest Supervisor determines--

(1) are wildland/urban interface areas; and

(2) have hazardous fuels buildups and other forest management needs that would benefit from the use of forest management projects as provided in section 104.

(b) PUBLIC PARTICIPATION- At the end of the third full fiscal year during which contracts are entered into under section 104, each District Manager of the Bureau of Land Management and each Forest Supervisor of the Forest Service shall solicit recommendations from the public regarding Federal lands within the jurisdiction of the District Manager or Forest Supervisor that members of the public feel qualify for identification as wildland/urban interface areas and that have hazardous fuels buildups and other forest management needs that would benefit from the use of forest management projects as provided in section 104.

SEC. 104. CONTRACTING TO REDUCE HAZARDOUS FUELS BUILDUPS AND UNDERTAKE FOREST MANAGEMENT PROJECTS IN WILDLAND/URBAN INTERFACE AREAS.

(a) CONTRACTING AUTHORITY-

(1) REDUCTION OF HAZARDOUS FUELS- The Secretary concerned is authorized to enter into contracts under this section for the sale of forest products, the primary purpose of which is to reduce hazardous fuels buildups in a wildland/urban interface area identified under section 103.

(2) INCLUSION OF FOREST MANAGEMENT PROJECTS- As a condition of an eligible forest products sale, the Secretary concerned may require the purchaser of such products to undertake one or more forest management projects in the wildland/urban interface area. The Secretary concerned may include a forest management project as a condition in an eligible forest products sale only if the Secretary determines that--

(A) the forest management project is consistent with the applicable land management plan; and

(B) the objectives of the forest management project can be accomplished most cost efficiently and effectively when the project is performed as part of the sale contract.

(b) FINANCING OF FOREST MANAGEMENT PROJECTS-

(1) FINANCING THROUGH SALES- To finance a forest management project required as a condition of a contract for an eligible forest products sale under subsection (a), the Secretary concerned shall include in the contract a clause that reduces the amount otherwise required to be paid to the United States by the purchaser of forest products sold under the contract. The amount of the reduction shall be determined under paragraph (2) to offset costs incurred by the purchaser in carrying out the required forest management project.

(2) AMOUNT OF REDUCTION OF PAYMENT- The amount of the price reduction in paragraph (1) shall be equal to--

(A) the costs incurred by the purchaser in carrying out the required forest management project; minus

(B) any assistance paid to the purchaser under subsection (c) to cover those costs.

(c) SUPPLEMENTAL FUNDING USING APPROPRIATED FUNDS- The Secretary concerned may use appropriated funds to assist the purchaser of forest products in a contract for an eligible forest products sale to undertake a forest management project required as a condition of the contract, if the funds are provided from the resource function or functions that directly benefit from the performance of the project and the funds are available from the annual appropriation for such function or functions during the fiscal year in which the sale is offered. The amount of assistance to be provided for each forest management project shall be included in the prospectus, and published in the advertisement, for the eligible forest products sale.

(d) DETERMINATION OF FOREST MANAGEMENT OFFSETS- Prior to the advertisement of an eligible forest products sale, the Secretary concerned shall determine the maximum price reduction to be allowed under subsection (b) for each forest management project to be required as a condition of the sale contract. A description of the forest management project, and the cost of the project that may be offset against the purchaser's payment for forest products in the sale, shall be included in the prospectus, and published in the advertisement, for the sale.

(e) EFFECT ON MONEYS RECEIVED- Only the amounts actually paid by a purchaser under a contract for an eligible forest products sale shall be considered to be money received for purposes of title II of the Act of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181f), the first section of the Act of May 24, 1939 (53 Stat. 753; 43 U.S.C. 1181f-1), the sixth paragraph under the heading `FOREST SERVICE' in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), section 13 of the Act of March 1, 1911 (36 Stat. 963; commonly known as the Weeks Act; 16 U.S.C. 500), or other applicable law concerning the distribution of receipts from the sale of forest products on Federal lands.

(f) LIMITATION ON AMOUNT OF OFFSETS- The total amount by which purchase payments under contracts for eligible forest products sales may be reduced under subsection (b) each fiscal year--

(1) under contracts awarded by the Secretary of the Interior, may not exceed $20,000,000; and

(2) under contracts awarded by the Secretary of Agriculture, may not exceed $20,000,000.

SEC. 105. MONITORING REQUIREMENTS.

The Secretary concerned shall monitor the preparation and offering of contracts for eligible forest products sales under section 104, and the performance of forest management projects under the contracts to determine the effectiveness of the contracts and forest management projects in achieving the purpose of this title.

SEC. 106. REPORTING REQUIREMENTS.

(a) ANNUAL REPORT- Not later than 90 days after the end of each full fiscal year during which contracts are entered into under section 104, the Secretary concerned shall submit to the congressional committees a report, which shall provide for the Federal lands within the jurisdiction of the Secretary concerned the following:

(1) A list of the wildland/urban interface areas identified on or before February 28 of the previous fiscal year pursuant to section 103.

(2) A summary of all contracts entered into, and all forest management projects performed, pursuant to section 104 during the preceding fiscal year.

(3) A discussion of any delays in excess of three months encountered during the preceding fiscal year, and likely to occur in the fiscal year in which the report is submitted, in preparing and offering the sales, and in performing the forest management projects, pursuant to section 104.

(4) The results of the monitoring required by section 105 of the contracts authorized, and the forest management projects performed, pursuant to section 104.

(5) Any anticipated problems in the implementation of this title.

(b) FOUR YEAR REPORT- The fourth report prepared by the Secretary concerned under subsection (a) shall contain, in addition to the matters required by subsection (a), an assessment by the Secretary concerned regarding whether the contracting authority provided in section 104 should be reauthorized beyond the period specified in section 108(a). If the Secretary concerned feels that reauthorization is warranted, the Secretary shall also include such recommendations as the Secretary considers appropriate regarding changes in the authority to better achieve the purpose of this title.

SEC. 107. TERMINATION OF AUTHORITY.

(a) TERMINATION DATE- The authority of the Secretary concerned to offer eligible forest products sales under section 104, and to require the purchasers of such products to undertake forest management projects as a condition of such sales, shall terminate at the end of the five-fiscal year period beginning on the first October 1st occurring after the date of the enactment of this Act.

(b) EFFECT ON EXISTING SALES- Any contract for an eligible forest products sale under section 104 entered into before the end of the period specified in subsection (a), and still in effect at the end of such period, shall remain in effect after the end of such period pursuant to the terms of the contract.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated for each of the first five fiscal years beginning after the date of the enactment of this Act such sums as may be necessary to carry out this title.

SEC. 201. ESTABLISHMENT OF FOREST FIRE RESEARCH CENTERS.

(a) FINDINGS- Congress finds the following:

(1) There is an increasing threat of fire to millions of acres of forestlands and rangelands throughout the United States.

(2) Today's forests and rangelands are the consequence of land management practices that have emphasized the control and prevention of fires.

(3) As a result of these management practices, forestlands and rangelands in the United States are no longer naturally functioning ecosystems, and drought cycles and the invasion of insects and disease have resulted in vast areas of dead or dying trees, overstocked stands, and the invasion of undesirable species.

(4) Population movement into wildland/urban interface areas (as defined in section 102) exacerbate the fire danger.

(5) The budgets and resources of local, State, and Federal entities supporting firefighting efforts have been stretched to their limits.

(6) Diminishing Federal resources (including personnel) have limited the ability of Federal fire researchers to respond to management needs, and to utilize technological advancements for analyzing fire management costs.

(7) The Federal fire research program is funded at approximately 1/3 of what is required to address emerging fire problems.

(8) In light of current fiscal constraints, there is a critical need for cost-effective investments in improved fire management technologies.

(b) ESTABLISHMENT OF RESEARCH CENTERS-

(1) ESTABLISHMENT REQUIRED- The Secretary of Agriculture shall establish at least two forest fire research centers at institutions of higher education that have expertise in natural resource development and are located in close proximity to other Federal natural resource, forest management, and land management agencies.

(2) DESIGNATED LOCATIONS- Of the forest fire research centers established pursuant to paragraph (1), at least one center shall be located in--

(A) Washington, Oregon, California, Idaho, or Nevada; and

(B) Montana, Wyoming, Colorado, Utah, Arizona, or New Mexico.

(c) PURPOSE OF RESEARCH CENTERS- The forest fire research centers established pursuant to subsection (b) shall--

(1) conduct integrative, interdisciplinary research into the ecological, socio-economic, and environmental impacts of fire control and use in managing ecosystems and landscapes; and

(2) develop mechanisms to rapidly transfer new fire control and management technologies to fire and land managers.

(d) ADVISORY COMMITTEE- The Secretary of Agriculture, in consultation with the Secretary of Interior, shall establish a committee composed of fire and land managers and fire researchers to determine the areas of emphasis and establish priorities for research projects conducted at forest fire research centers established pursuant to subsection (b). The Federal Advisory Committee Act (5 U.S.C. App.) and title XVIII of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply to the committee.