| HR 1494 IH
107th CONGRESS
1st Session
H. R. 1494
To save taxpayers
money, reduce the deficit, cut corporate welfare, protect communities from
wildfires, and protect and restore America's natural heritage by eliminating
the fiscally wasteful and ecologically destructive commercial logging program
on Federal public lands, restoring native biodiversity in our Federal public
forests, and facilitating the economic recovery and diversification of
communities affected by the Federal logging program.
IN THE HOUSE OF REPRESENTATIVES
April 4, 2001
Ms. MCKINNEY (for herself, Mr.
Leach, Mr. Delahunt, Mr. Olver, Mrs. Lowey, Mr. Sawyer, Mr. Blagojevich,
Mr. Brown of Ohio, Mr. Sanders, Mr. Lewis of Georgia, Mr. Wexler, Ms. Eddie
Bernice Johnson of Texas, Mr. Filner, Mr. Weiner, Mr. Pallone, Mrs. Meek
of Florida, Mr. Bonior, Mr. Lantos, Ms. Pelosi, Mr. Fattah, Mr. Scott,
Mr. Owens, Mr. Clay, Mr. Stark, Ms. Rivers, Ms. McCarthy of Missouri, Mr.
Holt, Mr. Cummings, Mrs. McCarthy of New York, Mrs. Napolitano, Mr. Waxman,
Mr. Sherman, Mr. Nadler, Mr. Moran of Virginia, Ms. Baldwin, Mr. Markey,
Mr. McDermott, Mr. Berman, Ms. Jackson-Lee of Texas, Mr. Payne, Mr. Pascrell,
Ms. Schakowsky, Mrs. Jones of Ohio, Mr. Hoeffel, Mr. Thompson of Mississippi,
Mr. Wynn, Ms. Norton, Mr. Evans, Mr. Borski, Mr. Hastings of Florida, Mr.
Rothman, Mr. Tierney, Mr. Capuano, Mr. Kucinich, Mr. McGovern, Ms. DeLauro,
Ms. Roybal-Allard, Mr. Serrano, Ms. Brown of Florida, Ms. Woolsey, Mr.
Simmons, Mr. Conyers, Ms. Solis, Ms. Lee, Mr. Hinchey, Ms. Slaughter, Ms.
Carson of Indiana, Ms. Sanchez, Mr. Towns, Ms. Berkley, Mr. Kleczka, Mrs.
Davis of California, and Mr. Becerra) introduced the following bill; which
was referred to the Committee on Resources, and in addition to the Committees
on Agriculture, and Education and the Workforce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To save taxpayers
money, reduce the deficit, cut corporate welfare, protect communities from
wildfires, and protect and restore America's natural heritage by eliminating
the fiscally wasteful and ecologically destructive commercial logging program
on Federal public lands, restoring native biodiversity in our Federal public
forests, and facilitating the economic recovery and diversification of
communities affected by the Federal logging program.
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 `National Forest Protection and Restoration Act of
2001'.
(b) TABLE OF CONTENTS- The
table of contents of this Act is as follows:
Sec. 1. Short title; table
of contents.
Sec. 4. Prohibition on timber
sales to protect Federal public lands.
Sec. 5. Effect of prohibition
on existing timber sale contracts.
Sec. 6. Authorization of
appropriations.
Sec. 7. Natural heritage
restoration.
Sec. 8. Worker retraining.
Sec. 9. Allocation of funds.
Sec. 10. Continuation of
payments for States and counties containing Federal public lands under
Public Law 106-393.
Sec. 11. Enforcement by
citizens.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) AGENCIES- The term `agencies'
means the Forest Service, the National Park Service, the Bureau of Land
Management, and the United States Fish and Wildlife Service.
(A) IN GENERAL- The term
`commercial logging' means--
(ii) the execution of a
timber sale; or
(iii) any other transfer
of timber or biomass to an individual, company, corporation, or other entity,
which then offers the transferred timber or biomass, or any product produced
from that timber or biomass, for sale or uses the transferred timber or
biomass for other commercial purposes.
(B) INCLUSIONS- The term
`commercial logging' includes a sale, execution, or other transfer specified
in subparagraph (A) regardless of--
(i) the stated reason for
the sale, execution, or transfer; or
(ii) whether the timber
is standing, fallen, living, or dead.
(3) FEDERAL PUBLIC LANDS-
The term `Federal public lands' means--
(A) all lands in the United
States included in the National Forest System;
(B) all lands in the United
States included in the National Wildlife Refuge System;
(C) all lands in the United
States included in the National Park System; and
(D) all lands under the
jurisdiction of the Bureau of Land Management.
(A) IN GENERAL- The term
`native biodiversity' means--
(i) the full range of variety
and variability within and among living organisms; and
(ii) the ecological complexes
in which the living organisms would have occurred in the absence of significant
human impact.
(B) INCLUSIONS- The term
`native biodiversity' includes diversity--
(i) within a species (including
genetic diversity, species diversity, and age diversity);
(ii) within a community
of species;
(iii) between communities
of species;
(iv) within a total area,
such as a watershed;
(v) along a vertical plane
from ground to sky, including application of the plane to all the other
types of diversity; and
(vi) along the horizontal
plane of the earth-surface, including application of the plane to all the
other types of diversity.
(C) EXCLUSIONS- The term
`native biodiversity' excludes genetically modified or engineered organisms.
(5) OLD GROWTH FOREST- The
term `old growth forest' refers to any stand of forest within the boundaries
of a timber sale that may contain trees that exceed 150 years in age.
(6) ROADLESS AREA- The term
`roadless area' means each of the following:
(A) Any inventoried roadless
area.
(B) Any area of at least
1,000 contiguous acres meeting Forest Service road density guidelines.
(C) Any area of less than
1,000 contiguous acres meeting Forest Service road density guidelines,
if the area is adjacent to a unit of the National Wilderness Preservation
System, a unit of the National Park System, an inventories roadless area,
or a designated Wilderness Study Area.
(A) IN GENERAL- The term
`timber sale' means--
(ii) the offering of timber
for sale or consideration; or
(iii) any other transfer
of timber or biomass to an individual, company, corporation, or other entity,
which then offers the transferred timber or biomass, or any product produced
from that timber or biomass, for sale or uses the transferred timber or
biomass for other commercial purposes.
(B) INCLUSIONS- The term
`timber sale' includes a sale, offer, or other transfer specified in subparagraph
(A) regardless of--
(i) the stated reason for
the sale, offer, or transfer; or
(ii) whether the timber
is standing, fallen, living, or dead.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Polls conducted by the
Forest Service show that a strong majority of the American people think
that natural resources on Federal public lands should not be made available
to produce consumer goods.
(2) The 1995 Forest Service
draft report entitled `Forest Service Program for Forest and Rangeland
Resources: A Long-Term Strategic Plan' shows that recreation and tourism
in the National Forest System creates over 30 times more jobs, and generates
over 30 times more income, than commercial logging on national forests.
(3) According to Forest
Service figures, timber cut from Federal public lands comprises less than
five percent of the annual timber consumption of the United States.
(4) The vast majority of
America's original pristine forests have been logged, and what little primary
forest that remains exists almost entirely on public lands.
(5) The ecological crisis
resulting from this severe habitat loss and fragmentation of American forests
requires bold action to protect this Nation's natural heritage so that
pristine forests may remain pristine, and damaged forests may have an opportunity
to recover.
(6) It is in the interests
of the American people and the international community to protect and restore
native biodiversity in our Federal public lands for its inherent benefits,
the resulting economic benefits, and for the protection of this natural
heritage for current and future generations.
(7) The 1995 report of the
Comptroller General regarding distribution of Forest Service timber sales
receipts (GAO/RCED-95-237FS) and the 1998 follow-up report (GAO/RCED-99-24)
reveal that, of the hundreds of millions of dollars of taxpayer money that
is annually expended on the Forest Service timber sales program, only a
small fraction finds its way back to the Federal Treasury, resulting in
an enormous net loss to taxpayers.
(8) Forests absorb rainfall,
retard stream runoff, reduce floods, increase slope stability, and retain
topsoil, and retard soil erosion and siltation in streams, irrigation ditches,
and reservoirs.
(9) Commercial logging has
many indirect costs which are very significant, but not easily measured,
such as flooding damage and relief of flooding damage through Federal funds,
damage to the salmon fishing industry; and harm to the recreation and tourism
industries.
(10) A congressionally commissioned
scientific study of the Sierra Nevada forests found that more than any
other human activity, commercial logging has increased the risk and severity
of fires by removing the cooling shade of trees and leaving flammable debris
(see Sierra Nevada Ecosystem Project Final Report to Congress, Vol. 1,
Assessment Summaries and Management Strategies, 1996).
(11) Forest Service studies
have confirmed the finding that logging, including both thinning and clearcutting,
increases fire severity (United States Forest Service, Historical and Current
Forest Landscapes in Eastern Oregon and Washington, Part II: Linking Vegetation
Characteristics to Potential Fire Behavior and Related Smoke Production,
PNW-GTR-355, p. 22 (1995); United States Forest Service, Integrated Scientific
Assessment for Ecosystem Management in Interior Columbia Basin, PNW-GTR-382,
p. 61 (1996)).
(12) The Forest Service's
chief fire specialist has stated that the material that needs to be reduced
to prevent unnaturally severe forest fires is underbrush that is less than
two or three inches in diameter, not mature trees (Washington Journal,
C-SPAN, Aug. 10, 2000).
(13) The Forest Service's
own fire research station found that the only effective way to protect
homes in the urban/wildland interface from forest fires is to reduce the
flammability of the home itself and its immediate surroundings within 40
meters, not engage in logging activities on Federal public lands (Jack
Cohen, Reducing the Wildland Fire Threat to Homes: where and how much?,
United States Forest Service, Fire Sciences Laboratory, Rocky Mountain
Research Station, Missoula, Montana, report presented at the Fire Economics,
Policy and Planning: Bottom Line Symposium, April 5-9, 1999, San Diego,
California).
(14) It is in the interests
of the American people to protect watersheds on Federal public lands in
order to prevent potentially damaging and deadly floods.
SEC. 4. PROHIBITION ON TIMBER
SALES TO PROTECT FEDERAL PUBLIC LANDS.
(a) PROHIBITION ON NEW TIMBER
SALES- Notwithstanding any other provision of law, effective as of the
date of the enactment of this Act, no timber sales shall be prepared, advertised,
offered, or awarded on Federal public lands and, except as provided in
section 5, no commercial logging shall occur on Federal public lands.
(b) EXCEPTIONS- The use
of forest materials for noncommercial use, including personal-use permits
under the personal use component of the forest management program of the
Forest Service or an equivalent program of
the Bureau of Land Management,
the National Park Service, or the United States Fish and Wildlife Service,
to the extent allowed under existing law, is not prohibited by subsection
(a), but any such use of forest materials for noncommercial use must be
consistent with section 7, including subsection (k) of such section.
(c) NATIVE AMERICAN TRIBES-
Nothing contained in this Act shall be construed to modify, amend, or breach
any treaty in existence on the date of enactment of this Act with any Native
American tribe.
SEC. 5. EFFECT OF PROHIBITION
ON EXISTING TIMBER SALE CONTRACTS.
(a) REMAINING SALVAGE RIDER
SALES- Notwithstanding any outstanding judicial order or administrative
proceeding interpreting section 2001 of Public Law 104-19 (109 Stat. 240;
16 U.S.C. 1611 note), the Secretary of Agriculture and the Secretary of
the Interior shall immediately suspend each timber sale or activity that
was being undertaken in whole or in part under the authority provided in
such section.
(b) ROADLESS AREAS AND OLD
GROWTH FORESTS- Notwithstanding any other provision of law, the Secretary
of Agriculture and the Secretary of the Interior shall immediately suspend
each timber sale in any roadless area or old growth forest on Federal public
lands.
(c) PHASE-OUT PERIOD AUTHORIZED-
There shall be a 2-year period to phase out those timber sale contracts
in existence as of the date of the enactment of this Act. The phase-out
period shall begin on the date of the enactment of this Act. Any remaining
timber sales on Federal public lands shall be automatically suspended upon
the expiration of the phase-out period. Notwithstanding any other provision
of law, no commercial logging shall occur anywhere on Federal public lands
after the end of the phase-out period.
(d) EARLY TERMINATION- For
all timber sales suspended under subsection (a), subsection (b), and subsection
(c) of this subsection, the Secretary concerned shall--
(1) exercise any provision
of the original contract that authorizes termination and payment of specified
damages; or
(2) terminate the contract
to avoid adverse effects on the environment or natural resources.
(e) PAYMENT FOR TIMBER SALE
CONTRACTS RELINQUISHED- Any claim, whether as a result of a judgment or
an agreement against the Federal Government, arising from termination of
any timber sale contract under subsection (d) of this subsection, may be--
(1) paid from funds made
available under section 1304 of title 31, United States Code, and shall
not require reimbursement under section 13(c) of the Contract Disputes
Act of 1978 (41 U.S.C. 612(c));
(2) offset by forgiveness
of a Federal Government loan or loan guarantee;
(3) paid through funds appropriated
for the purpose; or
(4) paid through the transfer
of funds from Forest Service or Bureau of Land Management accounts for
forest management, road construction, or general administration for such
purposes.
(f) DISPUTES- Any claim
by a purchaser against the Federal Government relating to a contract terminated
under this section shall be subject to the Contract Disputes Act of 1978
(41 U.S.C. 601 et seq.).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) CALCULATION OF TAXPAYER
LOSSES FROM LOGGING- The Secretary of Agriculture, in consultation with
the Secretary of the Interior, shall determine the average amount of Federal
funds appropriated annually from the General Fund of the Treasury over
the five fiscal years immediately preceding the date of the enactment of
this Act for commercial logging and commercial logging-related activities
on Federal public lands. In making this determination, the Secretary shall
include amounts expended for the following, using estimates when necessary:
(1) Timber sales management.
(2) Forest-land vegetation
management.
(3) Land management planning,
inventory, and monitoring related to commercial logging.
(4) Research related to
commercial logging.
(5) The portion of the forest
roads and road maintenance program related to commercial logging.
(6) General administration
expenses related to commercial logging.
(7) Landline location related
to commercial logging.
(8) Law enforcement related
to commercial logging.
(9) The portion of the forest
fire fighting and prevention program related to commercial logging.
(10) The portion of any
other activities related to commercial logging.
(b) AUTHORIZATION- There
are authorized to be appropriated such sums as may be necessary to carry
out this Act in the fiscal years beginning after the date of the enactment
of this Act, but not to exceed for any fiscal year two-thirds of the amount
calculated in subsection (a) as the taxpayer losses from logging.
(c) ADMINISTRATIVE EXPENSES-
Not more than ten percent of the funds appropriated or allocated to carry
out sections 7 and 8 may be reserved for the administration of activities
authorized under those sections.
SEC. 7. NATURAL HERITAGE RESTORATION.
(a) GENERAL REQUIREMENT-
Notwithstanding any other provision of law, agency projects or programs
to restore biological diversity and ecological processes on Federal public
lands shall be carried out in a manner consistent with this section and
shall be integrated into the program established by this section.
(b) PURPOSES, FINDINGS,
AND BASIC MANAGEMENT REQUIREMENTS- (1) The purpose of this section is to
protect and restore the natural heritage of the Federal public lands through
the restoration of native biodiversity and natural ecological complexes
and processes. In most circumstances, natural processes will heal damaged
areas without assistance, but, in many circumstances, where extensive damage
from logging and road-building is evident, it is necessary to take immediate
action to stop soil erosion and pervasive resource damage. The primary
emphasis of this section is to change circumstances that effectively act
as barriers to natural restoration processes.
This section does not envision
the broad application of largely experimental techniques or tactics for
which there is no solid scientific support or concrete evidence of effectiveness.
(2) It is also the purpose
of this section to provide guidance and limitations for the protection
and restoration of native biological diversity. The inherent guiding principle
or basic approach that managers shall use to implement the ecological restoration
provisions of this section is to `do no harm' to ecosystems when implementing
active management projects and programs.
(3) Scientific uncertainty
about complex ecosystems requires a precautionary approach to active management.
Therefore, proposed projects that are intended to restore ecological processes
must have short- and long-term benefits that significantly outweigh any
short- or long-term risks.
(4) In most cases ecosystems
are inherently resilient if left to function without interference from
man, but in some cases action is necessary to stop immediate resource damage.
Therefore, ecological restoration projects shall emphasize the removal
of barriers that prevent ecosystems from restoring themselves. Some examples
of such barriers are roads, erosion, landslides, nonnative invasive species,
fire suppression, certain types of hazardous fuels, dams or man-made barriers
in streams, and other significant man-made damage and developments that
interfere with natural ecological processes.
(5) In other cases ecosystems
require the reintroduction of native species that once contributed to natural
ecological processes. Therefore, each ecological restoration project shall
include an evaluation of which native species may be missing from the ecosystem
and shall ensure the presence of adequate habitat and forage or prey for
the native species, to be followed by a scheduled reintroduction of the
native species in coordination with State natural heritage and wildlife
agencies and the United States Fish and Wildlife Service.
(c) NATURAL HERITAGE RESTORATION
CORPS-
(1) ESTABLISHMENT- The Secretary
of the Interior and the Secretary of Agriculture shall each establish a
special unit (to be known as the `Natural Heritage Restoration Corps')
for the purposes of--
(A) conducting ecological
restoration of native biodiversity in areas of Federal public lands where
the integrity of natural ecosystems has been degraded;
(B) assisting in the monitoring
of forest resources, including effectiveness monitoring of ecological restoration
projects; and
(C) in cooperation with
each agency's law enforcement programs, monitoring and protecting public
resources from various illegal activities, including timber theft and poaching.
(2) USE OF PERSONNEL FROM
EXISTING PROGRAMS- The Natural Heritage Restoration Corps may be created
using personnel in existing programs in the agencies.
(3) OTHER PERSONNEL AND
EQUIPMENT- In addition to the personnel selected under paragraph (2), the
Natural Heritage Restoration Corps may hire other personnel, which may
include private contractors, and purchase or lease the necessary equipment
to implement the Natural Heritage Restoration Plans to achieve the goals
and objectives as set forth by the Secretary of Agriculture and the Secretary
of the Interior under this section. There shall be a hiring preference
for dislocated workers who have been terminated or laid off, or have received
a notice of termination or lay off, as a consequence of the enactment of
this Act.
(4) TRAINING- Personnel
of the Natural Heritage Restoration Corps shall be properly trained so
that they are able to carry out the activities specified in paragraph (1)
consistent with this section.
(d) NATURAL HERITAGE RESTORATION
PLANNING-
(1) NATIONAL FOREST SYSTEM
LANDS- For lands in the National Forest System, the Secretary of Agriculture
shall develop Natural Heritage Restoration Plans at the regional level
to carry out an ecological restoration program in each region consistent
with this section and incorporating the standards, guidelines, and procedures
developed in subsection (e). Such Plans shall be completed no later than
18 months after the date of enactment of this Act and shall be revised
at least every 10 years.
(2) BLM, NATIONAL WILDLIFE
REFUGE, AND NATIONAL PARK LANDS- For lands under the jurisdiction of the
Bureau of Land Management, and, as necessary for National Wildlife Refuges
and units of the National Park System, the Secretary of the Interior shall
develop Natural Heritage Restoration Plans at the regional level to carry
out an ecological restoration program in each region consistent with this
section and incorporating the standards, guidelines, and procedures developed
in subsection (e). Such Plans shall be completed no later than 18 months
after the date of enactment of this Act and shall be revised at least every
10 years.
(3) MONITORING- The Secretary
of the Interior and the Secretary of Agriculture shall include in the Natural
Heritage Restoration Plans--
(A) monitoring provisions
to ensure the effectiveness of each ecological restoration project; and
(B) provisions to gauge
each Plan's progress in achieving any restoration goals and objectives
that are developed in accordance with subsection (g).
(4) FOLLOW-UP EVALUATIONS
AND CORRECTIONS- The Secretary of Interior and the Secretary of Agriculture
shall provide for appropriate follow-up evaluations and actions to ensure
the long-term success of ecological restoration projects. The failure of
any restoration project shall be evaluated and reported to the appropriate
Secretary, who shall take prompt action to provide new solutions to correct
the failed restoration projects.
(e) DEVELOPING STANDARDS,
GUIDELINES, AND PROCEDURES FOR RESTORATION-
(1) RESPONSIBILITIES OF
THE SECRETARIES- (A) The Secretary of Agriculture and Secretary of the
Interior shall develop regional standards, guidelines, and procedures for
restoration, consistent with
this section, as soon as practicable
after the date of the enactment of this Act, and shall incorporate these
regional standards, guidelines, and procedures, as well as regional Natural
Heritage Restoration Plans, into land management plans for each unit of
Federal public lands in accordance with existing land management planning
regulations, by no later than two years after the date of enactment of
this Act.
(B) The Secretaries shall
report to the Congress on the progress of implementing this section in
the annual report required by section 8(c) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1606(c)) and section
311 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1741).
(2) COMMITTEE OF SCIENTISTS-
(A) In carrying out the purposes of this subsection, the Secretary of the
Interior, in consultation with the Secretary of Agriculture, shall appoint
a committee of scientists, for each of the various administrative regions
in the United States who are not officers or employees of the Forest Service,
the Bureau of Land Management, or the timber industry, and who are not
contractors for the timber industry.
(B) The committee shall
provide scientific and technical advice and counsel on the proposed standards,
guidelines, and procedures of this subsection to assure that an effective
interdisciplinary approach is proposed and adopted for the development
of Natural Heritage Restoration Plans in each region.
(C) The committee shall
terminate upon promulgation of the standards, guidelines, and procedures,
but the Secretary shall appoint similar committees, at least every 10 years,
to consider revisions of regional standards, guidelines, and procedures
based on new scientific information and the knowledge gained from implementing
ecological restoration projects. Standards, guidelines, and procedures
for developing Natural Heritage Restoration Plans or their revisions for
each region shall be completed no later than one year after the date of
the enactment of this Act or the initiation of the revision process. The
views of the committees shall be included in the public information supplied
when the standards and guidelines are proposed for adoption.
(3) CLERICAL AND TECHNICAL
ASSISTANCE- Clerical and technical assistance, as may be necessary to discharge
the duties of the committee of scientists established under paragraph (2),
shall be provided from the personnel of the Department of Agriculture or
the Department of Interior, as appropriate.
(4) COMPENSATION- While
attending meetings of the committee, the members shall be entitled to receive
compensation at a rate of $200 per diem, including travel time, and while
away from their homes or regular places of business they may be allowed
travel expenses, including per diem in lieu of subsistence, as authorized
by section 5703 of title 5, United States Code, for persons in the Government
service employed intermittently.
(5) REGIONAL BOUNDARIES-
The Secretary of the Interior, in consultation with the Secretary of Agriculture,
shall determine each region's boundaries for which the standards, guidelines,
and procedures are to be developed under this subsection.
(f) INTERIM NEEDS FOR RESTORATION-
During the interim period while regional standards, guidelines, and procedures,
as well as regional Natural Heritage Restoration Plans, are being developed
and incorporated into land management plans, the Secretary of Agriculture
and Secretary of the Interior shall identify interim needs for ecological
restoration and shall take prompt action to begin this restoration work
with available personnel. Interim needs for restoration under this section
shall be limited to the following:
(1) Prescribed or managed
fire or manual pre-treatments to reduce severe fire incidence and hazardous
fuels pursuant to subsection (j).
(2) Stabilization of slopes
and soils so as to prevent or reduce further erosion and land sliding.
(3) Decommissioning and
obliteration of roads.
(4) Removal of nonnative
invasive species.
(5) Removal of manmade developments
that interfere with natural ecological processes.
(g) RESTORATION GOALS AND
OBJECTIVES- Within two years after the date of the enactment of this Act,
the Secretary of Agriculture and the Secretary of the Interior shall develop
specific restoration goals and objectives for each unit of Federal public
lands, and shall, within the same time period, develop a specific schedule
to accomplish those goals and objectives with any funds made available
to the Secretaries, including those funds authorized to be appropriated
in section 6.
(h) PUBLIC PARTICIPATION-
Any program or project provided in this section shall be carried out in
compliance with the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and its implementing regulations, and any other public involvement
processes provided by law, regulation, or agency policy.
(i) PROHIBITIONS- Road construction
or re-construction shall be prohibited when conducting projects or programs
provided by this section. This prohibition includes any projects to reduce
the incidence of severe fire and hazardous fuels pursuant to subsection
(j).
(j) SPECIAL PROVISIONS FOR
REDUCING THE INCIDENCE OF SEVERE FIRE AND HAZARDOUS FUELS-
(1) PRESCRIBED OR MANAGED
FIRES WITHOUT MANUAL PRE-TREATMENTS- The use of prescribed or managed fires
without manual pre-treatments--
(A) shall be the primary
tool for reducing severe fire incidence and hazardous fuels;
(B) shall only be prescribed
in areas that have been scientifically identified as fire-adapted ecosystems;
(C) shall be carried out
in a manner designed to maintain habitat quality for any proposed, threatened,
endangered, or sensitive species, or their prey; and
(D) shall be carried out
during a time of year and with a frequency that is most ecologically appropriate,
while also minimizing adverse effects on air quality.
(2) REQUIREMENTS REGARDING
MANUAL PRE-TREATMENTS- Manual pre-treatments to reduce severe fire incidence
and hazardous fuels--
(A) must include use of
prescribed or managed fire as the primary treatment of the project in accordance
with paragraph (1);
(B) may only be implemented
in areas which have a moderate to high risk of severe fire incidence;
(C) shall be prioritized
for urban-wildland intermix areas;
(D) shall not reduce the
overstory canopy component of the pre-treatment area;
(E) shall maintain habitat
quality for any proposed, threatened, endangered, or sensitive species,
or their prey;
(F) may remove hazardous
fuels to minimize occurrences of prescribed fires reaching the forest canopy;
and
(G) shall only be prescribed
in areas that have been scientifically identified as fire-adapted ecosystems.
(3) APPLICATION TO OTHER
PROJECTS- Notwithstanding any other provision of law, any treatments or
manual pre-treatments to reduce severe fire incidence and hazardous fuels
as part of any agency projects or programs to reduce the incidence of severe
fire and hazardous fuels on Federal public lands shall be performed in
a manner consistent with this subsection, this section, and section 4.
(k) USES OF FOREST MATERIALS
THAT RESULT FROM ECOLOGICAL RESTORATION OR PRE-TREATMENTS TO REDUCE SEVERE
FIRE INCIDENCE AND HAZARDOUS FUELS- A hierarchy of use of forest materials
that result from manual pre-treatments in fire-adapted ecosystems or ecological
restoration (such as saplings, bushes, fine surface fuels, and materials
from plantations that are being restored back to native forests) is established
in the following order:
(1) Forest materials shall
be left as biomass on the forest floor, lopped, scattered, and burned,
if prescribed, or shall be left as species habitat in the form of downed
woody debris in the project area.
(2) If removal of forest
material is necessary for ecological restoration or because the area is
pre-treated in accordance with subsection (j), that material shall be used
for recreation or maintenance projects in the same unit of Federal public
land, such as trails, bridges or facilities, or for restoration projects
such as woody debris in streams, woody debris to provide species habitat,
or for biomass to build soil in other areas of the same unit of Federal
public land.
(3) Any excess material
not used as described in paragraph (2) may only be used for public purposes,
and not for private or public commercial gain. This material may be provided
for personal noncommercial uses, such as firewood or other subsistence
uses, or for other public noncommercial purposes. Other public purposes
may include, but are not limited to, the processing of these forest materials
for uses such as fuel for low-income households, or, in limited circumstances,
timber for low-income housing provided by a not for profit venture registered
by the Department of Housing and Urban Development.
(l) RELATION TO OTHER REQUIREMENTS-
Any activities undertaken pursuant to subsection (k) or the rest of this
section must be undertaken in strict compliance with section 4.
SEC. 8. WORKER RETRAINING.
(a) ELIGIBLE INDIVIDUAL
DEFINED- For the purposes of this section, the term `eligible individual'
means an individual who--
(1) is a dislocated worker,
as that term is defined in section 101 of the Workforce Investment Act
of 1998 (Public Law 105-220; 112 Stat. 939; 29 U.S.C. 2801); and
(2) has been terminated
or laid off, or has received a notice of termination or lay off, as a consequence
of the enactment of this Act, or as a consequence of management decisions
on Federal public lands prior to the enactment of this Act.
(b) DETERMINATIONS OF ELIGIBILITY-
The determination of whether an individual is an eligible individual shall
be made by the Secretary of Labor, pursuant to criteria established by
the Secretary of Labor, in consultation with the Secretaries of Agriculture
and the Interior.
(c) GRANTS AUTHORIZED- The
Secretary of Labor may make grants to States, employers, employer associations,
and representatives of employees--
(1) to provide training,
adjustment assistance, and employment services to eligible individuals;
and
(2) to make needs-related
payments to eligible individuals in accordance with subsection (h).
(d) PRIORITY AND APPROVAL-
(1) PRIORITY- In reviewing
applications for grants under subsection (c), the Secretary of Labor shall
give priority to applications proposing to provide training, adjustment
assistance, and services in areas which have the greatest number or percentage
of eligible individuals.
(2) NEEDS-RELATED PAYMENTS
REQUIRED- The Secretary of Labor shall not approve an application for a
grant under subsection (c) unless the application contains assurances that
the applicant will use grant funds to provide needs-related payments in
accordance with subsection (h).
(e) USE OF FUNDS- Subject
to the requirements of subsections (f), (g), and (h), grants under subsection
(c) may be used for any purpose for which funds may be used under section
134 of the Workforce Investment Act of 1998 (Public Law 105-220; 112 Stat.
990; 29 U.S.C. 2864).
(f) JOB SEARCH ALLOWANCE-
(1) ALLOWANCE AUTHORIZED-
Grants under subsection (c) for adjustment assistance may be used to provide
job search allowances to eligible individuals. Such allowance, if granted,
shall provide reimbursement to the individual of not more than 90 percent
of the cost of necessary job search expenses, as prescribed by regulations
of the Secretary of Labor, but may not exceed $1,200 unless the need
for a greater amount is justified
in the application and approved by the Secretary of Labor.
(2) CRITERIA FOR GRANTING
JOB SEARCH ALLOWANCES- A job search allowance may be granted only--
(A) to assist an eligible
individual who has been totally separated in securing a job within the
United States; and
(B) where the Secretary
of Labor determines that such employee cannot reasonably be expected to
secure suitable employment in the commuting area in which the worker resides.
(g) RELOCATION ALLOWANCE-
(1) ALLOWANCE AUTHORIZED-
Grants under subsection (c) for adjustment assistance may be used to provide
relocation allowances to eligible individuals. Such an allowance may only
be granted to assist an eligible individual in relocating within the United
States and only if the Secretary of Labor determines that such employee;
(A) cannot reasonably be
expected to secure suitable employment in the commuting area in which the
employee resides;
(B) has obtained suitable
employment affording a reasonable expectation of long-term duration in
the area in which the employee wishes to relocate, or has obtained a bona
fide offer of such employment, and
(C) is totally separated
from employment at the time relocation commences.
(2) AMOUNT OF RELOCATION
ALLOWANCE- The amount of any relocation allowance for any eligible individual
may not exceed the amount which is equal to the sum of--
(A) 90 percent of the reasonable
and necessary expenses, specified in regulations prescribed by the Secretary,
incurred in transporting an individual and the individual's family, if
any, and household effects; and
(B) a lump sum equivalent
to 3 times the employee's average weekly wage, up to a maximum payment
of $1,200, unless the need for a greater amount is justified in the application
and approved by the Secretary of Labor.
(h) NEEDS-RELATED PAYMENTS-
The Secretary of Labor shall prescribe regulations with respect to the
use of funds from grants under subsection (c) for needs-related payments
in order to enable eligible individuals to complete training or education
programs under this section. Such regulations shall--
(1) require that such payments
shall be provided to an eligible individual only if such individual--
(A) does not qualify or
has ceased to qualify for unemployment compensation;
(B) has been enrolled in
training by the end of the 13th week of the individual's initial unemployment
compensation benefit period, or, if later, the end of the 8th week after
an individual is informed that a short-term layoff will in fact exceed
six months; and
(C) is participating in
training or education programs under this section, except that such regulations
shall protect an individual from being disqualified pursuant to this clause
for a failure to participate that is not the fault of the individual;
(2) provide that to qualify
for such payments the individual currently receives, or is a member of
a family which currently receives, a total family income (exclusive of
unemployment compensation, child support payments, and welfare payments)
which, in relation to family size, is not in excess of the lower living
standard income level;
(3) provide that the levels
of such payments shall be equal to the higher of--
(A) the applicable level
of unemployment compensation; or
(B) the poverty level determined
in accordance with criteria established by the Director of the Office of
Management and Budget;
(4) provide for the adjustment
of payments to reflect changes in total family income; and
(5) provide that the grantee
shall obtain information with respect to such income, and changes therein,
from the eligible individual.
(i) REGULATIONS- The Secretary
of Labor shall prescribe regulations to carry out this section not later
than 180 days after the date of enactment of this Act.
SEC. 9. ALLOCATION OF FUNDS.
(a) AVAILABILITY OF CERTAIN
ACCOUNTS- Notwithstanding any other provision of law, from the date of
the enactment of this Act through the duration of the two-year phase-out
period provided in section 5 plus two years thereafter, all funds in each
of the following Forest Service and Bureau of Land Management accounts,
including any funds deposited into these accounts during the two-year phase-out
period, shall be used only to carry out this Act:
(1) Timber salvage funds
(including the Salvage Sale Fund established under section 14(h) of the
National Forest Management Act of 1976 (16 U.S.C. 472a(h))).
(2) The fund established
under section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg
Act; 16 U.S.C 576b).
(3) The fund containing
moneys associated with the Purchaser-Elect Roads Program under section
6 of Public Law 88-657 (commonly known as the Forest Roads And Trails Act;
16 U.S.C. 537).
(b) ALLOCATION OF TIMBER
SALES REVENUES DURING PHASE-OUT PERIOD- Notwithstanding any other provision
of law, from the date of the enactment of this Act through the duration
of the two-year phase-out period, all timber sale revenues from Federal
public lands shall be deposited in the fund established under section 3
of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act;
16 U.S.C 576b).
(c) ABOLISHMENT OF ACCOUNTS-
Notwithstanding any other provision of law, the funds referred to in subsection
(a) shall be used to carry out this section until no funds remain in such
accounts, after which these accounts shall be abolished.
(d) WORKER RETRAINING- Monies
shall be distributed from the funds referred to in subsection (a) to carry
out section 8. Such distributions shall be made in amounts up to $80,000,000
in the first year of the phase-out period, and $80,000,000 and $120,000,000,
respectively, in the subsequent two years.
(e) NATURAL HERITAGE RESTORATION
PLANNING- From the funds referred to in subsection (a), up to a sum of
$100,000,000 shall be made available to the Secretary of the Interior and
the Secretary of Agriculture to carry out subsections (d) and (e) of section
7 until such time as the Natural Heritage Restoration Plans required by
subsection (d) of such section have been incorporated into the management
plans for each unit of Federal public lands.
(f) ALTERNATIVES TO WOOD-
From the funds referred to in subsection (a), at least $1,000,000 and up
to $3,000,000 shall be distributed to the Environmental Protection Agency
to fund an investigation into wood-free alternative products for paper
and construction. Within one year after the date of the enactment of this
Act, the Administrator of the Environmental Protection Agency shall make
recommendations for grants to entities involved in the development and
production of the most environmentally sound nonwood alternatives for paper
and construction products, including entities involved in using agricultural
residues to produce paper. Up to $100,000,000 from the funds referred to
in subsection (a) shall be made available to the Environmental Protection
Agency for such grants, which shall be made within three years after the
date of the enactment of this Act.
(g) PUBLIC EDUCATION AND
ASSISTANCE TO REDUCE STRUCTURE FLAMABILITY IN URBAN-WILDLAND INTERMIX AREAS-
From the funds referred to in subsection (a), up to $15,000,000 shall be
used annually to educate owners of structures on non-Federal land adjacent
to Federal public lands about ways in which these structures can be protected
from forest fires by reducing the flammability of a structure and the area
within 40 meters of a structure. Both technical support and financial assistance,
in coordination or collaboration with existing State and local programs,
to the extent possible, shall be provided where, and to the extent, appropriate.
(h) ALLOCATION OF REMAINING
FUNDS- Any funds remaining in the accounts referred to in subsection (a)
in the fourth year after the date of the enactment of this Act shall be
deposited into the general fund of the United States Treasury.
SEC. 10. CONTINUATION OF PAYMENTS
FOR STATES AND COUNTIES CONTAINING FEDERAL PUBLIC LANDS UNDER PUBLIC LAW
106-393.
(a) CONTINUATION OF PAYMENTS
AFTER FISCAL YEAR 2006- The Secure Rural Schools and Community Self-Determination
Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note) is amended--
(1) in section 101(a), by
striking `years 2001 through 2006,' both places it appears and inserting
`year 2001 and thereafter,';
(2) in section 102(b)(2),
by striking `through fiscal year 2006'; and
(3) in section 103(b)(1),
by striking `through fiscal year 2006'.
(b) TERMINATION OF REQUIREMENT
TO RESERVE FUNDS FOR FOREST PROJECTS- (1) Section 102(d) of such Act is
amended by adding at the end the following new paragraph:
`(4) TERMINATION OF ALLOCATION
AND ELECTION REQUIREMENTS- This subsection shall not apply in the case
of payments made under subsection (a) for fiscal year 2007 and thereafter.'.
(2) Section 103(c) of such
Act is amended by adding at the end the following new paragraph:
`(4) TERMINATION OF ALLOCATION
AND ELECTION REQUIREMENTS- This subsection shall not apply in the case
of payments made under subsection (a) for fiscal year 2007 and thereafter.
The entire payment amount shall be expended as required by the laws referred
to in subsection (a)(1).'.
SEC. 11. ENFORCEMENT BY CITIZENS.
(a) PURPOSE AND FINDING-
The purpose of this section is to foster the widest possible enforcement
of this Act. Congress finds that all people of the United States are injured
by any action that violates the provisions of this Act on all lands to
which this Act applies.
(b) CITIZEN SUITS AUTHORIZED-
Any person may commence a civil action against any person, including the
United States, who is alleged to be in violation of this Act. The action
shall be brought in the district court for the district in which the alleged
violation occurred or the United States District Court for the District
of Columbia. When the United States is a defendant, venue may also be in
the district court for the district in which the office of any officer
or employee of the United States who is alleged to be involved in the violation
is located. The district court shall have jurisdiction without regard to
the amount in controversy or the citizenship of the parties.
(c) RELIEF- If the court
determines that a violation of this Act has occurred, the court may issue
an injunction and provide other appropriate equitable relief as the court
considers necessary. If the plaintiff is the prevailing or substantially
prevailing party, the court may award to the plaintiff reasonable costs
of the litigation, including attorney fees, witness fees, and other necessary
expenses. When the United States is a defendant, any award of costs of
litigation against the United States shall be paid by the United States
within 40 days after judgment.
(d) STANDARD OF PROOF- The
standard of proof in all actions brought under this section shall be the
preponderance of the evidence and the trial shall be de novo.
(e) WAIVER OF SOVEREIGN
IMMUNITY- The United States, including its agencies, agents, and employees,
waives its sovereign immunity in all respects in all actions under this
section. No notice is required to enforce this section.
END
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