| HR 2119 IH
107th CONGRESS
1st Session
H. R. 2119
To establish a program
to designate, restore, and sustain historic native forests on National
Forest System lands, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
June 8, 2001
Mr. SIMPSON introduced the following
bill; which was referred to the Committee on Agriculture, and in addition
to the Committee on Resources, 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 establish a program
to designate, restore, and sustain historic native forests on National
Forest System lands, 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 `National Historic Forests Act of 2001'.
(b) TABLE OF CONTENTS- The
table of contents for this Act is as follows:
Sec. 1. Short title; table
of contents.
Sec. 2. Definitions, findings,
and policy Statement.
TITLE I--NATIONAL REGISTER OF
HISTORIC FORESTS
Sec. 101. Establishment
and maintenance of National Register of Historic Forests.
Sec. 102. Administration
and management of national historic forests.
Sec. 103. Restoration of
national historic forests.
Sec. 104. Maintenance of
restored national historic forests.
Sec. 105. Forest plan amendments.
Sec. 107. National Historic
Forest Restoration Fund.
Sec. 109. Reports and public
participation.
TITLE II--ADVISORY COUNCIL ON
FOREST RESTORATION
Sec. 204. Director, general
counsel, and staff of Council; experts and consultants.
Sec. 205. Powers of Council.
Sec. 206. Applicability
of the Federal Advisory Committee Act.
Sec. 207. Authorization
of appropriations.
TITLE III--LOCAL MANAGEMENT
ADVISORY COMMITTEES
Sec. 304. Powers of Committee.
Sec. 305. Applicability
of the Federal Advisory Committee Act.
SEC. 2. DEFINITIONS, FINDINGS,
AND POLICY STATEMENT.
(a) DEFINITIONS- In this
Act:
(1) COMMITTEE- The term
`Committee' means a Local Management Advisory Committee established by
the Council under section 301.
(2) COUNCIL- The term `Council'
means the Advisory Council on Forest Restoration established under section
201.
(3) MANAGEMENT PLAN- The
term `management plan' means the management plan required for a national
historic forest by section 102.
(4) NATIONAL FOREST SYSTEM-
The term `National Forest System' means all national forest lands reserved
or withdrawn from the public domain of the United States.
(5) NATIONAL HISTORIC FOREST-
The term `national historic forest' means a parcel of National Forest System
lands, or a collection of such parcels, included on the National Register
of Historic Forests.
(6) NATIONAL REGISTER- The
term `National Register' means the National Register of Historic Forests
established and maintained by the Secretary under section 101.
(7) REFERENCE NATIVE FOREST-
The term `reference native forest', with respect to a particular national
historic forest, means the way the forest appeared at or about the time
it was first seen by Europeans. The Secretary may modify the description
of a reference native forest to account for advances in knowledge or changes
in climate or other forces of nature.
(8) RESTORATION FUND- The
term `Restoration Fund' means the National Historic Forest Restoration
Fund.
(9) SECRETARY- The term
`Secretary' means the Secretary of Agriculture.
(b) FINDINGS- The Congress
finds the following:
(1) The spirit and direction
of the United States are influenced and reflected in its native forests
and cultural heritage.
(2) Native forests in the
United States developed in response to lightning fires and other physical
forces, including thousands of years of stewardship and use by America's
native peoples.
(3) Forests significant
to the Nation's natural and cultural heritage are being lost or substantially
altered due to--
(B) large and destructive
fires, insect infestations, and disease outbreaks;
(C) successional replacement
of trees and other plants that require abundant sunlight by those that
grow in shade;
(D) large patch sizes and
a low variety of successional stages in forest mosaics which make forests
more uniform and less diverse;
(E) invasive non-native
species; and
(F) development and other
influences.
(4) Examples of native forests
that are being lost or substantially altered include:
(i) white pine forests,
which no longer cover large areas and contain few trees that reach the
great size of those that existed at the time of settlement;
(ii) oak-chestnut forests,
which are nearly extinct; and
(iii) hardwood forests (including
oak), which are being replaced by maple.
(B) In the South, longleaf
pine savannas, which had the highest species richness of any forest in
North America and are nearly extinct.
(C) In the Great Plains,
the oak-hickory savanna, which once held early travelers spellbound because
of its richness and beauty.
(i) pin.AE6on-juniper woodlands,
which are being taken over by juniper;
(ii) ponderosa pine forests,
which are becoming so thick with small trees that
grass and wildflowers can no
longer grow within the forest; and
(iii) aspen forests, which
because of increases in the density of pine and other conifers are rapidly
disappearing as a distinct forest type throughout their range.
(E) In the Southwest, Douglas-fir
forests, which are being replaced by white fir.
(F) In the northern Rocky
Mountains, lodgepole pine and western larch forests, which are being replaced
by spruce and fir.
(G) In California and the
Pacific Northwest--
(i) ponderosa pine, giant
sequoia, and mixed-conifer forests, which were once open and patchy and
are being replaced with thick forests of shorter lived and smaller white
fir;
(ii) open oak woodlands,
which used to spread over vast areas and are being replaced with brush
and conifers;
(iii) cathedral groves of
Douglas-fir, which are reaching the end of their life expectancy and are
being replaced by less stately forests of shade tolerant species such as
western hemlock; and
(iv) redwood forests, which
are likely to dwindle in area and be replaced by a more shade tolerant
forest of hemlock, fir, and bay.
(5) Fire hazards are increasing
in many forests as they grow older and become denser, and these conditions
are placing greater risks on public health, public safety, and property.
(6) The ecological and cultural
heritage of native forests in the United States should be restored and
sustained as a living part of the country's history, community life, and
development in order to give a sense of orientation to the American people.
(7) The restoration and
maintenance of this irreplaceable forest heritage is in the public interest
so that its legacy of biological, cultural, educational, esthetic, inspirational,
historical, and economic benefits will be sustained and enriched for future
generations of Americans.
(8) The restoration and
maintenance of native forests in the United States is also in the public
interest because it will significantly reduce risks to public health, safety,
and property while enhancing the economies of local communities.
(9) The present Federal
and non-Federal forest restoration and management programs are inadequate
to ensure future generations an opportunity to appreciate and enjoy the
rich forest heritage of the United States.
(10) The increased knowledge
of our prehistoric and historic native forests, the establishment of better
means of identifying and administering them, and the encouragement of their
restoration and maintenance will improve the health and diversity of the
Nation's forests, reduce threats to local communities from wildfires, greatly
improve habitat for threatened and endangered species, and assist economic
growth and development.
(11) Although the restoration
of forests on non-Federal land has been carried out by States, local governments,
Indian tribes, and private entities and individuals, it is nevertheless
necessary and appropriate for the Forest Service to accelerate its restoration
programs and activities on National Forest System lands and to give encouragement
to and assist States, local governments, Indian tribes, and private entities
and individuals to expand and accelerate their forest restoration programs
and activities.
(c) POLICY- It shall be
the policy of the Federal Government, in cooperation with other nations
and in partnership with the States, local governments, Indian tribes, and
private entities and individuals, to--
(1) use measures, including
financial and technical assistance, to foster conditions under which modern
society and native forests in the United States can exist in productive
harmony and fulfill the historical, social, economic, and other needs of
present and future generations;
(2) provide leadership in
the restoration and maintenance of the prehistoric and historic characteristics
of native forests of the United States and the international community
and in the administration of the forest restoration and maintenance programs;
(3) administer native forests
on National Forest System lands in a spirit of historical stewardship for
the inspiration and benefit of present and future generations; and
(4) contribute to the restoration
and maintenance of non-federally owned native forests and give encouragement
to States, local governments, and private entities and individuals to undertake,
expand, and accelerate their forest restoration programs and activities.
TITLE I--NATIONAL REGISTER OF
HISTORIC FORESTS
SEC. 101. ESTABLISHMENT AND
MAINTENANCE OF NATIONAL REGISTER OF HISTORIC FORESTS.
(a) REGISTER AUTHORIZED-
The Secretary of Agriculture shall establish and maintain a National Register
of Historic Forests consisting of designated National Forest System lands
that are or, after reasonable restoration, will be representative of prehistoric
or historic landscapes significant in the history and culture of the United
States.
(b) CRITERIA FOR INCLUSION
OR REMOVAL-
(1) ESTABLISHMENT- The Secretary
shall establish (and revise as necessary) the criteria to be used by the
Secretary to include National Forest System lands on the National Register
as a national historic forest or remove previously designated National
Forest System lands from the National Register.
(2) SUSTAINABILITY- The
Secretary shall give due consideration to the size and location of a parcel
of National Forest System lands being considered for inclusion on the National
Register to ensure the
long-term ecological and economic
sustainability of the lands.
(c) NOMINATIONS- The Secretary
may accept nominations for the inclusion on, or removal from, the National
Register of certain National Forest System lands.
(d) PUBLIC NOTICE AND COMMENT-
When National Forest System lands are being considered for inclusion on,
or removal from, the National Register, the Secretary shall provide--
(1) notice to the State
in which the lands are located, appropriate local governments, and the
general public; and
(2) an opportunity for public
comment.
(e) ADMINISTRATIVE APPEALS-
The Secretary shall issue rules providing for the administrative appeal
of a decision of the Secretary to designate a national historic forest,
refuse to include National Forest System lands on the National Register,
or remove designated National Forest System lands from the National Register.
(f) CONSULTATION WITH COUNCIL-
The Secretary shall establish and revise the criteria required by subsection
(b), review nominations received under subsection (c), and make decisions
regarding the inclusion of National Forest System lands on, or the removal
of such lands from, the National Register in consultation with the Advisory
Council on Forest Restoration.
(g) MAP AND LEGAL DESCRIPTION-
(1) PREPARATION- As soon
as practicable after the designation of a national historic forest, the
Secretary shall prepare a map and legal description of the national historic
forest. The map and legal description shall have the same force and effect
as if included in this Act, except that the Secretary may correct clerical
and typographical errors in the map and legal description.
(2) SUBMISSION AND AVAILABILITY-
The Secretary shall submit the map and legal description to the Committee
on Agriculture, Nutrition, and Forestry of the Senate and the Committee
on Resources of the House of Representatives. Each map and legal description
shall also be on file and available for public inspection in the Office
of the Chief of the Forest Service.
SEC. 102. ADMINISTRATION AND
MANAGEMENT OF NATIONAL HISTORIC FORESTS.
(a) ADMINISTRATION- Subject
to valid existing rights, the Secretary, acting through the Forest Service,
shall administer the national historic forests in accordance with this
Act and rules issued by the Secretary to carry out this Act.
(1) PREPARATION- The Committee
responsible for a national historic forest shall prepare a draft management
plan for the restoration and maintenance of the national historic forest.
The management plan shall be based on documentation of the reference native
forest and shall be consistent with this Act.
(2) SPECIAL CONSIDERATION-
The management plan for a national historic forest shall give special consideration
to --
(A) protecting human health
and safety and public and private property;
(B) helping sustain the
economies of local communities;
(C) providing recreational
access; and
(D) reducing visible signs
of management to the minimum level practicable without impairing the activities
required to achieve the restoration goal.
(3) SUBMISSION AND REVIEW-
The Committee shall submit the draft management plan to the Council and
the Secretary for review and, subject to approval by the Secretary, implementation.
(4) RELATIONSHIP TO ENVIRONMENTAL
LAWS- Nothing in this section exempts the development or implementation
of a management plan from any Federal environmental law.
(c) APPROVAL, REVISION,
SUSPENSION, REVOCATION-
(1) RESPONSIBILITIES OF
SECRETARY- The Secretary may approve for implementation a draft management
plan for a national historic forest, revise a management plan as a condition
on approval or after approval, or suspend or revoke a management plan after
approval, as necessary to satisfy the policy specified in section 2(c).
(2) MANAGEMENT EVALUATION-
Not less than once every four years after the designation of a national
historic forest, the Secretary shall evaluate the management of the national
historic forest to determine whether the restoration and management of
the forest is consistent with the approved management plan and in compliance
with this Act.
(3) EFFECT OF NONCOMPLIANCE-
If, at any time, the Secretary determines that a major aspect of the management
plan for a national historic forest is not consistent with this Act, or
that restoration and management activities are being carried out contrary
to the management plan, the Secretary shall--
(A) revoke the management
plan, including any contracts or cooperative agreements entered into under
the management plan;
(B) suspend in whole or
in part the management plan, including any contracts or cooperative agreements
entered into under the management plan, until the plan or activities are
consistent with this Act; or
(C) take such steps as are
necessary to ensure that the management plan and restoration and management
activities under the plan are once again consistent with this Act within
a reasonable period of time.
(4) OVERSIGHT METHODS- The
Secretary shall establish oversight methods that, while ensuring the consistency
and quality of management plans, do not impose undue review burdens on
the Forest Service.
(d) FISCAL AUDITS- The Secretary
may conduct periodic fiscal audits of restoration and management activities
carried out under an approved management plan
as needed and shall ensure that
such activities meet applicable accountability standards.
(e) CONSULTATION WITH COUNCIL-
The Secretary shall carry out this section in consultation with the Council.
SEC. 103. RESTORATION OF NATIONAL
HISTORIC FORESTS.
(a) RESTORATION GOAL- The
goal of restoration is to restore and sustain, to the extent practicable,
a national historic forest to a condition that simulates or resembles the
structure and function of the reference native forest while also serving
society's contemporary need for forest products and services.
(b) SPECIAL CONSIDERATIONS-
In attempting to achieve the restoration goal for a national historic forest,
special consideration shall be given to ensuring the ecological and economic
sustainability of a restored forest, maintaining native biological diversity,
controlling or reducing or eliminating invasive nonnative species, maintaining
soil productivity, and improving water quality.
(c) ROLE OF LOCAL COMMITTEE-
The Local Committee for a national historic forest shall assist the Secretary
in documenting the reference native forest and in monitoring and assessing
the effectiveness of restoration, based on--
(1) the relative proportions
of patches of vegetation in various stages of development that formed the
reference native forest mosaic;
(2) the sizes, shapes, structures,
and orientation of vegetation patches on the landscape;
(3) the composition, ages,
sizes, and density of plants and standing and fallen dead trees within
patches; and
(4) the composition and
populations of native wildlife that depended on the reference native forest
mosaic.
(d) USE OF COST-EFFECTIVE
RESTORATION METHODS- The restoration of a national historic forest shall
be conducted with the most cost-effective methods available, including
timber harvesting, reintroduction or control of plant and animal species,
planting, precommercial and commercial thinning, grazing, prescribed burning,
control or suppression of fire, or, where appropriate and effective, temporary
or permanent protection.
SEC. 104. MAINTENANCE OF RESTORED
NATIONAL HISTORIC FORESTS.
(a) COST-EFFECTIVE MANAGEMENT-
When the initial restoration of a national historic forest is achieved,
the Forest Service shall use the most cost-effective methods available
to mimic the natural and cultural historical processes that created and
sustained the reference native forest including timber harvesting, control
of plant and animal species, planting, precommercial and commercial thinning,
grazing, prescribed burning, control or suppression of fire, or, where
appropriate and effective, temporary or permanent protection.
(b) ROLE OF NATURAL FOREST
DISTURBANCES- When the Secretary considers it to be safe, effective, and
ecologically and economically acceptable, management to sustain a restored
national historic forest should accommodate the effects of natural disturbances,
such as wind, lightning fires, and insect and disease infestations.
SEC. 105. FOREST PLAN AMENDMENTS.
(a) CORRESPONDING FOREST
PLAN AMENDMENTS- Within two years after the designation of a national historic
forest, the Secretary shall initiate the process to amend or revise the
land and resource management plan for the unit of the National Forest System
encompassing the national historic forest--
(1) to incorporate the national
historic forest and its approved management plan; and
(2) to make other changes
warranted by the analyses conducted in compliance with section 102(2) of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), section
6 of the Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604), and other applicable laws.
(b) REVIEW OF FOREST THREATS-
At least once every four years, the Secretary shall review significant
threats to national historic forests and National Forest System lands,
not yet designated as a national historic forest but appropriate for inclusion
on the National Register, to --
(1) determine the kinds
of threats to these forests and lands and the severity of these threats;
(2) ascertain the causes
of the threats; and
(3) develop and submit to
the Congress recommendations for appropriate action.
(c) CONSULTATION WITH COUNCIL-
The Secretary shall carry out this section in consultation with the Council.
SEC. 106. GRANTS.
(a) GRANTS AUTHORIZED- The
Secretary shall administer a program of matching or direct grants to States,
local governments, Indian tribes, and private entities and individuals
for the purposes of carrying out this Act, including--
(1) the establishment and
conduct of education, training, and technical assistance programs in forest
restoration;
(2) the distribution of
forest restoration information and technologies; and
(3) the support for research,
analysis, conservation, curation, demonstration projects, interpretation,
and display related to forest restoration.
(b) SPECIAL ROLE FOR INDIAN
TRIBES- The Secretary, in consultation with the Council, may enter into
an agreement with an Indian tribe to permit traditional land use and management
practices in a national historic forest that the Secretary determines will
help to restore the national historic forest, or sustain the restored national
historic forest, so long as the traditional land use and management practices
were part of the history of the reference native forest, are consistent
with the approved management plan, and otherwise further the policy specified
in section 2(c).
(c) RULES- No grant may
be made or agreement entered into under this section unless--
(1) an application therefore
is submitted to the Secretary in such form and containing such information
as the Secretary may require; and
(2) the grantee agrees to
make such reports, in such form and containing such information, as the
Secretary may require, and complies with such other terms and conditions
as the Secretary may require.
SEC. 107. NATIONAL HISTORIC
FOREST RESTORATION FUND.
(a) ESTABLISHMENT- There
is established on the books of the Treasury an account to be known as the
National Historic Forest Restoration Fund.
(b) CREDITS TO RESTORATION
FUND- There shall be credited to the Restoration Fund the following:
(1) Revenues due and payable
to the United States under the Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.), in the following amounts:
(A) $25,000,000 for fiscal
year 2002.
(B) $50,000,000 for fiscal
year 2003.
(C) $100,000,000 for each
of fiscal years 2004 through 2010.
(2) If revenues from the
source described in paragraph (1) are insufficient, given other requirements
on the deposit and use of such revenues, the difference shall be derived
from amounts paid into the Treasury under section 35 the Act of February
25, 1920 (30 U.S.C. 191; commonly known as the Mineral Leasing Act).
(3) Amounts appropriated
to the Restoration Fund.
(4) Revenues generated from
the sale of goods and services produced on national historic forests.
(5) Donations received under
section 108.
(c) USE OF RESTORATION FUND-
In such amounts as provided in appropriation Acts, the Secretary shall
use the Restoration Fund to carry out this title. Amounts appropriated
shall remain available until expended.
(d) OVERHEAD- The Secretary
shall seek to ensure that of the amounts made available to carry out this
Act for a fiscal year, not more than 12 percent is used or allocated for
general administration or other overhead by the Department of Agriculture.
SEC. 108. DONATIONS.
(a) ACCEPTANCE- In furtherance
of this Act, the Secretary may accept the donation of funds for deposit
in the Restoration Fund.
(b) USE OF DONATIONS- In
expending donated funds, the Secretary shall give due consideration to
the expressed intentions of the donor. Donated funds obligated under section
106 as grants may be made available without regard to any matching requirement
imposed by the Secretary under such section.
SEC. 109. REPORTS AND PUBLIC
PARTICIPATION.
(a) IMPLEMENTATION REPORT-
Not later than one year after the date of the enactment of this Act, the
Secretary shall submit to the Congress a report describing the manner in
which National Forest System lands are being included on the National Register
or determined to be eligible for inclusion on the National Register, including
the appropriateness of the criteria used in determining such eligibility
and the effect, if any, of inclusion of lands on the National Register.
(b) PUBLIC PARTICIPATION-
In preparing the report, the Secretary shall consult with, and consider
the views and comments of other Federal agencies, as well as interested
individuals and public and private organizations, and shall include representative
comments received as an appendix to the report.
TITLE II--ADVISORY COUNCIL ON
FOREST RESTORATION
SEC. 201. ESTABLISHMENT.
There is established a council
to be known as the `Advisory Council on Forest Restoration'.
SEC. 202. DUTIES.
(1) RECOMMENDATIONS TO THE
SECRETARY- The Council shall advise and make recommendations to the Secretary
regarding--
(A) the designation of National
Historic Forests;
(B) the restoration of National
Historic Forests;
(C) the review and approval
or disapproval of management plans prepared by any Committee under section
302(a)(3);
(D) methods to coordinate
the activities of Federal, State, and local agencies and private persons
relating to forest restoration;
(E) research, practices,
and information dissemination related to forest restoration;
(F) the need for, and implementation
of, studies related to forest restoration activities (including studies
related to the adequacy of legislation and regulations related to forest
restoration); and
(G) the development of guidelines
to assist State and local governments in drafting legislation related to
forest restoration.
(2) RECOMMENDATIONS TO OTHER
FEDERAL AGENCIES- The Council shall review the policies and programs of
other Federal agencies related to forest restoration, and shall recommend
to such agencies methods to coordinate such policies and programs with
the policies and programs carried out under this act to improve the overall
effectiveness of such policies and programs.
(b) SUBMISSION OF REPORTS-
(1) ANNUAL REPORTS- The
Council shall submit annually a report to the Secretary and the Congress.
The report shall contain a detailed statement regarding each of the following:
(A) The activities of the
Council.
(B) The results of any studies
conducted by the Council.
(C) The effectiveness of
the programs conducted under this Act.
(D) Any current or emerging
problems regarding forest restoration.
(E) Any recommendations
for legislation or administrative actions that the Council considers appropriate.
(F) Any actions by the Council
to obtain comments on, or review of, such recommendations by any officer,
agency, or department of the United States.
(2) INTERIM REPORTS- The
Council may submit interim reports to the Secretary and the Congress as
the Council considers appropriate.
(3) AUTHORITY OF OTHER AGENCIES
TO REVIEW- No officer, agency, or department of the United States shall
have any authority to require the Council to submit any report or to reveal
the contents of any report (including any recommendations for legislation
or administrative actions) to any officer, agency, or department of the
United States before the Council submits such report to the Secretary and
the Congress under paragraph (1) or (2).
(c) EDUCATIONAL FUNCTIONS-
The Council shall conduct appropriate programs to inform and educate--
(1) the public, in cooperation
with appropriate public and private agencies and institutions, regarding
forest restoration, opportunities to participate in forest restoration,
and training and educational opportunities in the field of forest restoration;
and
(2) Federal departments
and agencies, State and local governments, Indian tribes, foreign nations,
and private persons regarding the activities of the Council.
(d) SUBMISSION OF BUDGET-
(1) TIME OF SUBMISSION-
The Council shall submit its budget annually as a related agency of the
Department of Agriculture.
(2) NOTIFICATION OF CONGRESS-
Whenever the Council submits any budget estimate or request to the Secretary
or the Office of Management and Budget, it shall concurrently transmit
copies of that estimate or request to Congress.
SEC. 203. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT-
The Council shall be composed of 9 members, who represent a broad range
of interests, as follows:
(1) The Under Secretary
for Natural Resources and Environment of the Department of Agriculture
(or the Under Secretary's delegate).
(2) The Chief of the Forest
Service (or the Chief's delegate).
(3) 2 individuals appointed
by the Secretary who are not employees of the Federal Government and who
have a knowledge of, or interest in, National Historic Forests.
(4) 2 individuals appointed
by the Secretary who are not employees of the Federal Government and who
are specially qualified to serve on the Council by virtue of their education,
training, or experience in the field of forest restoration.
(5) 2 individuals appointed
by the Secretary who are not employees of the Federal Government and who
have forest management experience.
(6) 1 individual appointed
by the Secretary who is not an employee of the Federal Government and who
will represent the views of Indian tribes.
(b) CONTINUATION OF MEMBERSHIP-
If a member was appointed to the Council because the member was not an
employee of the Federal Government and later becomes an employee of the
Government, that member may continue as a member for not longer than the
60-day period beginning on the date that the member becomes such an employee.
(1) IN GENERAL- Each member
appointed under paragraphs (3) through (6) of subsection (a) shall be appointed
for a term of 4 years, except as otherwise provided in this subsection.
Members of the Council may be reappointed.
(2) INITIAL APPOINTMENTS-
The Secretary shall make initial appointments under this section not later
than 180 days after the date of the enactment of this Act. As designated
by the Secretary at the time of appointment, of the members first appointed--
(A) 2 members shall be appointed
for terms of 3 years;
(B) 2 members shall be appointed
for terms of 2 years; and
(C) 1 member shall be appointed
for a term of 1 year.
(3) VACANCIES- A member
may serve after the expiration of that member's term until a successor
has taken office. A vacancy in the Council shall not affect the powers
of the Council, shall be filled not later than 60 days after the vacancy
commences, and shall be filled in the manner in which the original appointment
was made. Any member appointed to fill a vacancy occurring before the expiration
of the term for which the member's predecessor was appointed shall be appointed
only for the remainder of that term.
(d) CHAIRPERSON; VICE CHAIRPERSON-
The Chairperson and Vice Chairperson of the Council shall be designated
by the Secretary from among the members appointed under paragraphs (3)
through (6) of subsection (a) at the time of such appointment. The Vice
Chairperson may act in place of the Chairperson during the absence or disability
of the Chairperson or when the office of Chairperson is vacant.
(e) MEETINGS- The Council
shall meet at the call of the Chairperson or upon the written request of
a majority of its members, but shall meet not less than annually.
(f) QUORUM- 7 members of
the Council shall constitute a quorum, but a lesser number may hold hearings.
(g) COMPENSATION AND REIMBURSEMENT-
(1) IN GENERAL- To the extent
provided in advance in appropriation Acts and except as provided in paragraph
(2), members of the Council shall each be entitled to receive $200 for
each day (including travel time) during which they are engaged in the actual
performance of duties vested in the Council.
(2) PROHIBITION OF COMPENSATION
OF FEDERAL EMPLOYEES- Members of the Council who are full-time officers
or employees of the United States may not receive additional pay, allowances,
or benefits by reason of their service on the Council.
(3) TRAVEL EXPENSES- Each
member shall receive travel expenses, including per diem in lieu of subsistence,
in accordance with applicable provisions under subchapter I of chapter
57 of title 5, United States Code.
SEC. 204. DIRECTOR, GENERAL
COUNSEL, AND STAFF OF COUNCIL; EXPERTS AND CONSULTANTS.
(a) DIRECTOR- The Council
shall have a Director who shall be appointed by the Chairperson with the
concurrence of the Council and the Secretary. The Director shall report
to the Council and shall perform such functions and duties as the Council
shall prescribe.
(b) GENERAL COUNSEL- The
Council shall have a General Counsel who shall be appointed by the Director.
The General Counsel shall report to the Director and shall provide such
legal functions and duties as the Council shall prescribe.
(c) STAFF- The Director
may appoint not more than 3 additional employees of the Council as are
necessary to perform the functions of the Council.
(d) APPLICABILITY OF CERTAIN
CIVIL SERVICE LAWS- The Director, General Counsel, and staff of the Council
shall be appointed subject to the provisions of title 5, United States
Code, governing appointments in the competitive service, and shall be paid
in accordance with the provisions of chapter 51 and subchapter III of chapter
53 of such title, relating to classification and General Schedule pay rates.
(e) EXPERTS AND CONSULTANTS-
The Director may procure temporary and intermittent services under section
3109(b) of title 5, United States Code.
(f) STAFF OF FEDERAL AGENCIES-
Upon request of the Director, the head of any Federal department or agency
may detail, on a reimbursable basis, any of the personnel of that department
or agency to the Council to assist it in carrying out its duties under
this Act.
SEC. 205. POWERS OF COUNCIL.
(a) HEARINGS AND SESSIONS-
The Council may, for the purposes of carrying out this Act, hold hearings,
sit and act at times and places, take testimony, and receive evidence as
the Council considers appropriate.
(b) POWERS OF MEMBERS AND
AGENTS- Any member or agent of the Council may, if authorized by the Council,
take any action which the Council is authorized to take by this section.
(c) OBTAINING OFFICIAL DATA-
(1) IN GENERAL- The Council
may secure directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon request
of the Chairperson, the head of that department or agency shall furnish
that information to the Council.
(2) REPORTS FROM THE SECRETARY-
To assist the Council in carrying out this Act, the Secretary, at the request
of the Chairperson, shall provide a report to the Council which describes
in detail--
(A) the significance of
any National Forest System lands nominated for inclusion on the National
Register;
(B) the anticipated effects
of any proposed undertaking on National Forest System lands nominated for,
or on, the National Register; and
(C) any recommendations
of the Secretary regarding measures to avoid, minimize, or mitigate any
adverse effects on such lands.
(d) GIFTS, BEQUESTS, AND
DEVISES- To the extent provided in advance in appropriation Acts, the Council
may accept, use, and dispose of gifts, bequests, or devises of services
or property, both real and personal, for the purpose of aiding the work
of the Council.
(e) ADMINISTRATIVE SUPPORT
SERVICES- Upon the request of the Council, the Secretary of Agriculture
shall provide to the Council, on a reimbursable basis, the administrative
support services (including services related to budgeting, accounting,
financial reporting, personnel and procurement) necessary for the Council
to carry out its responsibilities under this Act.
(f) CONTRACT AUTHORITY-
To the extent provided in advance in appropriation Acts, the Council may
contract with and compensate government and private agencies or persons
for supplies and services necessary for the Council to carry out its responsibilities
under this Act.
SEC. 206. APPLICABILITY OF THE
FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee
Act shall not apply to the Council.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to
be appropriated $500,000 for the fiscal years 2002 through 2010 to carry
out this title.
TITLE III--LOCAL MANAGEMENT
ADVISORY COMMITTEES
SEC. 301. ESTABLISHMENT.
The Council, in consultation
with the Secretary, shall establish such number of committees, as it may
from time to time determine to be appropriate. Each such committee shall
be established to carry out the purposes of this title with respect to
1 or more national historic forests. Each such committee shall be known
as the `Local Management Advisory Committee' for such national historic
forests.
SEC. 302. DUTIES.
(a) IN GENERAL- Each Committee,
with respect to each of the 1 or more national historic forests for which
the Committee was established, shall--
(1) recommend to the Secretary
and the Council National Forest System lands, which are geographically
proximate to such national historic forests and which the Committee considers
appropriate to list on the National Register;
(2) document and describe
the relevant reference forest;
(3) prepare management plans
consistent with the requirements of section 102;
(4) monitor and assess the
effectiveness of restoration activities;
(5) conduct any studies
necessary to carry out the duties of the Committee described in paragraphs
(1) through (4);
(6) advise the Council regarding
forest restoration practices, assessments, and information dissemination;
(7) encourage public interest
and participation in forest restoration; and
(8) inform and educate appropriate
State and local governments, Indian tribes, and private persons regarding
the activities of the Committee.
(b) CONSULTATION- In carrying
out its duties under subsection (a), each Committee shall consult with
appropriate Federal and State officials, businesses, loggers, professional
foresters, scientists, Native Americans, land owners, and other knowledgeable
persons.
(1) ANNUAL REPORTS- Each
Committee shall submit annually to the Council a report that contains a
detailed and comprehensive description of the activities of the Committee
and of the results of any studies conducted by the Committee under subsection
(a)(5).
(A) VOLUNTARY- Except as
provided in subparagraph (B), each Committee may submit interim reports
to the Council as the Committee considers appropriate.
(B) MANDATORY- Each Committee
shall submit interim reports to the Council at the request of the Council.
SEC. 303. MEMBERSHIP.
(a) COMPOSITION OF COMMITTEES-
(1) IN GENERAL- Each Committee
shall be composed of a number of members, who represent a broad range of
interests, as follows:
(A) 1 forester in the Forest
Service.
(B) 1 employee of the Forest
Service who is specially qualified to serve on the Committee by virtue
of his education, training, or experience in the field of forest restoration.
(C) 1 individual who is
not an employee of the Federal Government and who is specially qualified
to serve on the Committee by virtue of his education, training, or experience
regarding Native American culture and subsistence practices.
(D) 1 individual who is
not an employee of the Federal Government and who is specially qualified
to serve on the Committee by virtue of his education, training, or experience
in the field of forest restoration.
(E) 2 individuals who are
not employees of the Federal Government and who have forest management
experience.
(F) 1 individual who is
not an employee of the Federal Government and who will represent the views
of local governments.
(G) 1 individual who is
not an employee of the Federal Government, who has a knowledge of, or interest
in, National Historic Forests, and who, if the Council determines it to
be appropriate, may be a member of an appropriate Indian tribe and may
represent the views of such tribe.
(H) the State forester (or
the State forester's delegate) of each State in which the 1 or more national
historic forests for which the Committee was established are located.
(2) COMMITTEE SPECIFIC CRITERIA-
Members of each Committee shall be selected from among individuals who
are most familiar with the 1 or more national historic forests for which
the Committee was established, and with the local communities, conditions,
and forest types relevant to such forests.
(b) APPOINTMENT AUTHORITY-
(1) IN GENERAL- Appointments
under paragraphs (A) through (G) of subsection (a)(1) shall be made by
the Council in consultation with the Secretary.
(2) EMPLOYEES OF THE FOREST
SERVICE- Appointments made under subparagraphs (A) and (B) of subsection
(a)(1) shall be made in consultation with the Secretary and the Chief of
the Forest Service.
(c) CONTINUATION OF MEMBERSHIP-
If a member was appointed to a Committee because the member was employed
as a forester in the Forest Service or because the member was employed
in the Forest Service and later ceases to be so employed, or was appointed
to a Committee because the member was not an employee of the Federal Government
and later becomes an employee of the Government, that member may continue
as a member for not longer than the 60-day period beginning on the date
that the member ceases to be so employed or becomes an employee of the
Government, as the case may be.
(1) IN GENERAL- Each member
shall serve at the pleasure of the Council.
(2) VACANCIES- A vacancy
in any Committee shall not affect the powers of the Committee, shall be
filled not later than 60 days after the vacancy commences, and shall be
filled in the manner in which the original appointment was made.
(e) CHAIRPERSON; VICE CHAIRPERSON-
The Chairperson and Vice Chairperson of each Committee shall be designated
by the Council, in consultation with the Secretary, from among the members
appointed under subparagraphs (C) through (G) of subsection (a)(1) at the
time of such appointment. The Vice Chairperson may act in place of the
Chairperson during the absence or disability of the Chairperson or the
when the office of Chairperson is vacant.
(f) MEETINGS- Each Committee
shall meet at the call of its Chairperson or upon the written request of
a majority of its members, but shall meet not less than annually.
(g) QUORUM- 7 members of
a Committee shall constitute a quorum, but a lesser number may hold hearings.
(h) NONCOMPENSATION AND
REIMBURSEMENT-
(1) NONCOMPENSATION- Each
member shall serve without pay.
(2) TRAVEL EXPENSES- Each
member shall receive travel expenses, including per diem in lieu of subsistence,
in accordance with applicable provisions under subchapter I of chapter
57 of title 5, United States Code.
SEC. 304. POWERS OF COMMITTEE.
(a) HEARINGS AND SESSIONS-
Each committee may, for the purposes of carrying out this Act, hold hearings,
sit and act at times and places, take testimony, and receive evidence as
the Committee considers appropriate.
(b) POWERS OF MEMBERS AND
AGENTS- Any member or agent of any Committee may, if authorized by the
Committee, take any action which the Committee is authorized to take by
this section.
(c) OBTAINING OFFICIAL DATA-
Each Committee, in consultation with the Council, may secure from any department
or agency of the United States information necessary to enable it to carry
out this Act. Upon request of the Chairperson of the Committee, the head
of that department or agency shall furnish that information to the Committee.
(d) GIFTS, BEQUESTS, AND
DEVISES- To the extent provided in advance in appropriation Acts, each
Committee may accept, use, and dispose of gifts, bequests, or devises of
services or property, both real and personal, for the purpose of aiding
the work of the Committee.
(e) PROVISION OF FACILITIES,
SUPPLIES, AND SERVICES- Upon the request of any Committee, the Secretary
shall provide to the Committee, on a reimbursable basis, such facilities,
supplies, and services as are necessary for the Committee to carry out
its responsibilities under this Act.
SEC. 305. APPLICABILITY OF THE
FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee
Act shall not apply to any Committee.
END
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