Taxpayer and Shawnee National Forest Protection Act (Introduced in the
Senate)
S 1031 IS
106th CONGRESS
1st Session
S. 1031
To amend the National Forest Management Act of 1976 to prohibit below-cost
timber sales in the Shawnee National Forest.
IN THE SENATE OF THE UNITED STATES
May 13, 1999
Mr. DURBIN introduced the following bill; which was read twice and referred
to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To amend the National Forest Management Act of 1976 to prohibit below-cost
timber sales in the Shawnee National Forest.
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 `Taxpayer and Shawnee National Forest
Protection Act'.
SEC. 2. PROHIBITION OF BELOW-COST TIMBER SALES IN THE SHAWNEE NATIONAL
FOREST.
(a) IN GENERAL- Section 14 of the National Forest Management Act of
1976 (16 U.S.C. 472a) is amended by adding at the end the following:
`(j) PROHIBITION OF BELOW-COST TIMBER SALES IN THE SHAWNEE NATIONAL
FOREST-
`(1) DEFINITIONS- In this subsection:
`(A) BELOW-COST SALE- The term `below-cost sale' means a sale of timber
from which the expected cost of making timber available for sale are greater
than the anticipated revenues from the sale.
`(B) COST- The term `cost of making timber available for sale' includes
the costs incurred for sale preparation, harvest administration, timber
resource planning, silvicultural examination, road design and construction
(including road base, road surface, culverts, and bridges), road maintenance,
transportation planning, reforestation, timber stand improvement, forest
genetics tree improvement, timber program general administration, facilities
construction, payments to counties, and a portion of timber program expenses
for the national and regional offices of the Forest Service allocated to
the Shawnee National Forest on the basis of harvest volume.
`(C) REVENUE- The term `revenue' means amounts deposited in the Treasury
of the United States.
`(2) PROHIBITION- The Secretary of Agriculture shall not make a below-cost
sale of timber for commodity purposes produced on land in the Shawnee National
Forest.'.
(b) APPLICABILITY OF AMENDMENT-
(1) IN GENERAL- The amendment made by subsection (a) takes effect on
October 1, 1999.
(2) PENDING SOLICITATIONS- The amendment made by subsection (a) does
not prohibit the Secretary of Agriculture from entering into a below-cost
sale of timber for commodity purposes produced on land in the Shawnee National
Forest if the Secretary determines that a prospective contractor has incurred
substantial bid preparation costs in response to a solicitation for bids
for the sale issued by the Secretary before the date of enactment of this
Act.