| HR 1042 IH
108th CONGRESS
1st Session
H. R. 1042
To authorize collaborative
forest restoration and wildland fire hazard mitigation projects on National
Forest System lands and other public and private lands, to improve the
implementation of the National Fire Plan, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 27, 2003
Mr. UDALL of Colorado (for himself
and Mr. UDALL of New Mexico) 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 authorize collaborative
forest restoration and wildland fire hazard mitigation projects on National
Forest System lands and other public and private lands, to improve the
implementation of the National Fire Plan, 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.
(a) SHORT TITLE- This Act
may be cited as the `Forest Restoration and Fire Risk Reduction Act'.
(b) TABLE OF CONTENTS- The
table of contents for this Act is as follows:
Sec. 6. Cooperative program
for hazardous fuel reduction projects.
Sec. 7. Selection process
for hazardous fuels reduction projects.
Sec. 8. Monitoring and evaluation
requirements.
Sec. 9. Administrative procedures
under cooperative community protection and forest restoration program.
Sec. 10. Special Department
of Agriculture administrative appeals process for hazardous fuels reduction
projects.
Sec. 11. Forest restoration
and homeowner assistance program and projects.
Sec. 12. Forest Restoration
and Value-added Centers.
Sec. 13. Competitive service
hiring preference for graduates of certified youth service or conservation
corps.
Sec. 14. Research and training.
Sec. 15. Authorization of
appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than a century
of intensive fire suppression, logging, livestock grazing, and urban development
has altered the natural fire regimes of some forested Federal public lands.
(2) One aspect of this altered
ecological dynamic is the presence of many dense tree stands characterized
by small diameter trees and excessive fuel buildups on the forest floor.
These conditions reduce biodiversity, provide fewer benefits to human communities,
wildlife, and watersheds, and pose an increased risk of catastrophic wildfires
that can destroy or seriously damage both human and natural resources.
(3) Unnaturally severe wildfires
on highly erodible soils can result in disastrous flood events and sediment
deposition if such a fire is followed by heavy rains. This combination
of events poses a particular threat to communities that rely on municipal
drinking water supply facilities located on Federal public lands or that
rely on water flowing from these lands.
(4) Healthy and productive
forested watersheds minimize the threat of unnaturally high-intensity wildfires,
provide abundant and diverse wildlife habitat, and produce a variety of
products or benefits, including clean water.
(5) The risk of damage to
human life and property from unnaturally severe wild fires is greatly increased
in areas where rapidly expanding urban populations are intermingled with
forested wildlands, and a primary purpose of the National Fire Plan is
to reduce the risk of such wild fires in these areas, known as the `wildland/urban
interface'.
(6) Restoration efforts
are more successful when there is involvement from Federal and State land
managers, as well as neighboring communities and other interested persons,
when projects are prioritized in high-risk areas where municipal water
supplies and human lives and property are threatened, and when both decisions
and implementation activities are carried out across ownership boundaries.
(7) Designing demonstration
restoration projects through a collaborative approach may contribute to
the development of cost-effective restoration activities, empower diverse
organizations to implement activities that value local and traditional
knowledge, build ownership and civic pride, and ensure healthy, diverse,
and productive forests and watersheds.
SEC. 3. PURPOSES.
The purposes of this Act
are as follows:
(1) To reduce the risks
to human life and property and municipal drinking water supplies from large,
high-intensity wildfires on forested lands.
(2) To refocus the implementation
of the National Fire Plan to the areas of highest risk to people, property,
and water supplies by redirecting the National Fire Plan funding and hazardous
fuels reduction projects through State-established project selection panels.
(3) To improve communication
and joint-problem solving among Federal, State, and local land managers,
as well as other individuals and groups who are interested in reducing
the risk of unnaturally severe wildfires and restoring the diversity of
forested lands.
(4) To encourage sustainable
communities and sustainable forests through collaborative partnerships
focused on forest restoration and reducing the risk of unnaturally severe
wildfires.
(5) To develop, demonstrate,
and evaluate ecologically sound forest restoration techniques and to assist
in carrying out forest restoration projects.
SEC. 4. DEFINITIONS.
(1) FEDERAL LANDS- The term
`Federal lands' means--
(A) National Forest System
lands; and
(B) public lands administered
by the Secretary of the Interior acting through the Bureau of Land Management.
(2) HAZARDOUS FUELS REDUCTION
PROJECT- The term `hazardous fuels reduction project' means a project--
(A) undertaken for the purpose
of reducing the amount of hazardous fuels resulting from alteration of
a natural fire regime as a result of fire suppression or other activities
or from insect infestation; and
(B) accomplished through
the use of prescribed burning or mechanical treatment.
(3) INVENTORIED ROADLESS
AREAS- The term `inventoried roadless areas' means the areas identified
in a set of inventoried roadless area maps contained in the Forest Service
Roadless Area Conservation, Final Environmental Impact Statement, Volume
2, dated November 2000.
(4) MUNICIPAL WATER SUPPLY
SYSTEM- The term `municipal water supply system' means the dams, reservoirs,
canals, ditches, flumes, laterals, pipes, pipelines, or other surface facilities
and systems constructed or installed for the impoundment, storage, transportation,
or distribution of drinking water for a community.
(5) NATIONAL FIRE PLAN-
The term `National Fire Plan' means the plans, strategies, projects, and
activities of the Secretary concerned to respond to adverse impacts on
communities and the environment from wildfires on Federal lands, which
are based on and reflect--
(A) the report of the Secretary
of Agriculture and the Secretary of the Interior entitled `Managing the
Impact of Wildfires on Communities and the Environment', dated September
8, 2000; and
(B) congressional direction
accompanying appropriations to the Department of Agriculture and the Department
of the Interior for wildland fire management for fiscal year 2001 and subsequent
years.
(6) SECRETARY CONCERNED-
The term `Secretary concerned' means--
(A) the Secretary of Agriculture
(or the designee of the Secretary) with respect to National Forest System
lands; and
(B) the Secretary of the
Interior (or the designee of the Secretary) with respect to public lands
administered by the Secretary through the Bureau of Land Management.
(7) STAKEHOLDER- The term
`stakeholder' includes forest landowners, local communities and political
leaders, tribal governments, local volunteer firefighters, conservation
organizations, educational institutions, and other interested public and
private entities.
(8) WILDERNESS STUDY AREA-
The term `Wilderness Study Area' means--
(A) a portion of the Federal
lands that is designated as suitable for wilderness in a land and resources
management plan; or
(B) other Federal lands
that are managed so as not to impair the suitability of such lands for
preservation as wilderness through inclusion in the National Wilderness
Preservation System.
(9) WILDLAND-URBAN INTERFACE-
The term `wildland-urban interface' means a geographic area designated
by the Secretary concerned as an area--
(A) that is within or adjacent
to an interface community or intermix community, as those terms are defined
on page 753 of volume 66 of the Federal Register, as published on January
4, 2001;
(B) on which conditions
are conducive to large-scale fire disturbance events; and
(C) for which a significant
risk exists of a resulting spread of the fire disturbance event, after
ignition, which would threaten human life and property.
SEC. 5. TRANSITION.
(a) IMPLEMENTATION- No hazardous
fuels reduction project shall be planned or carried out by the Secretary
concerned under the National Fire Plan unless the project is planned and
carried out pursuant to this Act.
(b) EXCEPTION FOR ONGOING
PROJECTS- This Act shall not apply to a hazardous fuels reduction project
for which analysis required pursuant to the National Environmental Policy
Act of 1969 (42 U.S.C. 4331 et seq.) has been completed on or before the
date of the enactment of this Act.
SEC. 6. COOPERATIVE PROGRAM
FOR HAZARDOUS FUEL REDUCTION PROJECTS.
(a) COOPERATIVE COMMUNITY
PROTECTION AND FOREST RESTORATION PROGRAM-
(1) ESTABLISHMENT- The Secretary
concerned shall establish a cooperative community protection and forest
restoration program under the National Fire Plan to make cost-share grants
to enable stakeholders to participate with the Secretary concerned in planning
and carrying out hazardous fuels reduction projects that--
(A) are conducted in the
wildland-urban interface or to protect municipal water supply systems;
(B) are designed, implemented,
and monitored through a collaborative process that includes a diverse and
balanced group of stakeholders, as well as appropriate Federal, tribal,
State and local government representatives;
(C) create local employment
or training opportunities within the context of accomplishing restoration
objectives that are consistent with the purposes of this Act; and
(D) satisfy the other requirements
specified in subsection (d).
(2) CROSS-BOUNDARY PROJECTS
AND PARTICIPATION- Except as otherwise provided in this section, hazardous
fuels reduction projects under the program may be carried out entirely
on, or involve any combination of, Federal lands, tribal lands, State or
local government lands, or private forest lands. Prioritization, decisionmaking,
and implementation of approved hazardous fuels reduction projects should
be on a cross-boundary, landscape-scale basis, with both State and Federal
land managers able to act as agents of the other parties to the project.
(3) ADMINISTRATION- A grant
made under the program shall be administered by the appropriate State Forester,
in cooperation with the Secretary concerned in the same manner as grants
made pursuant to the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2101 et seq.).
(4) COST-SHARE REQUIREMENTS-
The Federal share of the cost of a hazardous fuels reduction project under
the program shall not exceed 80 percent of the total cost of the project.
The required 20 percent matching funds may be provided in the form of cash
or in-kind contributions.
(b) EXCLUSION OF CERTAIN
FEDERAL LANDS- A hazardous fuels reduction project under the program shall
not be conducted on the following Federal lands:
(1) A component of the National
Wilderness Preservation System.
(2) Federal lands where,
by Act of Congress, Presidential proclamation, or applicable land and resource
management plan, the removal of vegetation is prohibited or restricted.
(3) Wilderness Study Areas.
(4) Inventoried Roadless
Areas.
(c) TREE REMOVAL AND THINNING
LIMITATIONS- In conducting a hazardous fuels reduction project under the
program, if the Federal lands to be treated by the project contain fire
resistant, pre-fire-exclusion old or large trees, the Secretary concerned
shall limit the number and size of the trees to be removed so as to maintain
as nearly as possible an ecologically optimum number of such trees, as
determined by the Secretary concerned on a project-by-project basis, appropriate
for each ecosystem type. The Secretary concerned shall also emphasize the
removal of small-diameter trees and thinning from below for the project.
(d) OTHER ELIGIBILITY REQUIREMENTS-
(1) OBJECTIVES- To be an
eligible hazardous fuels reduction project under the program, the project
shall address the following objectives:
(A) Reduce the threat of
large, high-intensity wildfires in the area of the project and the negative
effects of excessive competition between trees by restoring ecosystem functions,
structures, and species composition, including the reduction of nonnative
species populations and the retention of old or large native-species trees.
(B) Reestablish fire regimes
approximating those that shaped forest ecosystems prior to intensive fire
suppression.
(C) Improve the ability
of State and local fire departments to safely and effectively perform initial
fire control in the area of the project.
(D) Mitigate areas at high
risk for flood, erosion, or sediment damage following a wildland fire,
rehabilitate areas that have experienced such fire-related damage, or both.
(E) Where appropriate, improve
the use of, or add value to, small diameter trees.
(2) COMPLIANCE WITH ENVIRONMENTAL
LAWS- The planning and implementation of a hazardous fuels reduction project
under the program shall comply with all applicable Federal and State environmental
laws and incorporate current scientific forest restoration information.
(3) ASSESSMENT REQUIREMENTS-
Each hazardous fuels reduction project under the program shall include
a multiparty assessment--
(A) to identify both the
existing ecological condition of the proposed project area and the desired
future condition; and
(B) to evaluate, upon project
completion, the positive or negative impact and effectiveness of the project.
(e) ANNUAL WORKSHOP- Each
stakeholder that desires to participate in a hazardous fuels reduction
project under the program shall enter into an agreement to attend an annual
workshop with other stakeholders for the purpose of discussing the program
and the hazardous fuels reduction projects implemented under the program.
The Secretary concerned shall coordinate and fund the annual workshop,
and stakeholders may use a portion of the funds provided for projects under
the program to pay for travel and per diem expenses to attend the workshop.
(f) REPORT- Not later than
five years after the end of the first fiscal year in which funding is made
available for the program, the Secretary concerned shall submit a report
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives containing an assessment
on whether, and to what extent, the hazardous fuel reduction projects funded
under the program are meeting the purposes of this Act.
SEC. 7. SELECTION PROCESS FOR
HAZARDOUS FUELS REDUCTION PROJECTS.
(a) DETERMINATION OF PROJECT
FUNDING PRIORITIES- Prior to the selection of hazardous fuels reduction
projects under section 6, the State Forester and Regional Forester, and
the State Forester and State Director of the Bureau of Land Management,
of each State in which such projects will be conducted shall meet with
the technical advisory panel for the State established in subsection (c)
to determine priorities for project funding.
(b) SELECTION OF PROPOSALS
TO BE FUNDED-
(1) RECOMMENDATIONS- After
consulting with the technical advisory panels for a State, the State Forester,
Regional Forester, and State Director of the Bureau of Land Management
shall jointly submit to the Secretary concerned recommendations regarding
priority hazardous fuels reduction projects that should be funded under
section 6.
(2) SELECTION- Based on
the recommendations received under paragraph (1), the Secretary concerned
shall then select the hazardous fuels reduction project proposals to be
funded under section 6.
(3) PRIORITIES- The Secretary
concerned shall give priority to hazardous fuels reduction projects that
can be conducted across ownership boundaries for the benefit of a larger
landscape or watershed.
(c) TECHNICAL ADVISORY PANEL-
(1) PANEL REQUIRED; PURPOSE-
The Secretary concerned shall convene a technical advisory panel for each
State in which hazardous fuels reduction projects will be conducted under
section 6 for the purpose of setting protection and restoration priorities,
evaluating all proposed projects, and providing recommendations under subsection
(a). The Secretary concerned shall establish the procedures through which
each panel will develop its recommendations.
(2) ADMINISTRATION- The
technical advisory panel for a State shall be jointly administered by the
State Forester and the Regional Forester, in the case of panels convened
by the Secretary of Agriculture, or the State Forester and the State Director
of the Bureau of Land Management, in the case of panels convened by the
Secretary of the Interior.
(3) COMPOSITION- Each technical
advisory panel shall be composed of 10 to 13 members appointed by the Secretary
concerned from persons recommended by the respective State Forester and
Regional Forester or State Director of the Bureau of Land Management.
(4) REQUIRED MEMBERS- At
a minimum, the technical advisory panel for a State shall include the following
members:
(A) An official of the natural
resource department of the State or an equivalent State agency.
(B) Two representatives
from Federal land management agencies.
(C) One tribal representative,
if the State includes at least one federally-recognized Indian tribe.
(D) One representative of
the State's local fire departments.
(E) Two independent scientists
with experience in forest ecosystem restoration.
(F) An equal number of representatives
from each of the following:
(i) One or more recognized
conservation organizations.
(iii) Local commodity interests.
SEC. 8. MONITORING AND EVALUATION
REQUIREMENTS.
(a) MULTI-PARTY PROCESS-
The Secretary concerned shall establish a multiparty monitoring and evaluation
process in order to assess the cumulative accomplishments or adverse impacts
of hazardous fuels reduction projects conducted under section 6. To the
extent practicable, the Secretary concerned shall include any interested
individual or organization in the monitoring and evaluation process.
(b) DEPARTMENT MONITORING-
The Secretary concerned also shall conduct a monitoring program to assess
the short- and long-term ecological effects of the hazardous fuels reduction
projects conducted under section 6. The monitoring of a project shall be
performed for a minimum of 15 years.
SEC. 9. ADMINISTRATIVE PROCEDURES
UNDER COOPERATIVE COMMUNITY PROTECTION AND FOREST RESTORATION PROGRAM.
(a) SCOPING- In accordance
with applicable regulations and administrative guidelines in effect on
January 1, 2003, the Secretary concerned shall conduct scoping for each
hazardous fuel reduction project involving Federal lands to be conducted
under section 6. Scoping shall include an opportunity for public participation.
(b) PUBLIC MEETING- Upon
completion of the scoping for a hazardous fuel reduction project involving
Federal lands, the Secretary concerned shall conduct a public meeting at
an appropriate location with respect to the project.
SEC. 10. SPECIAL DEPARTMENT
OF AGRICULTURE ADMINISTRATIVE APPEALS PROCESS FOR HAZARDOUS FUELS REDUCTION
PROJECTS.
(a) APPLICABILITY- The Secretary
of Agriculture shall use the following administrative appeal process to
consider appeals regarding hazardous fuels reduction projects to be conducted
on National Forest System lands under section 6.
(1) COMPLETE AND AVAILABILITY-
Under this administrative appeal process, the environmental analysis document,
analysis file, and decision document for a hazardous fuels reduction project
shall be complete and available for public review once notice of the decision
document is provided in the local paper of record. The Secretary of Agriculture
shall seek to make these documents as widely available as possible, through
posting on the Internet and in other ways.
(2) REVISION- Except as
provided in this section, the environmental analysis document, analysis
file, and decision document may not be revised after it is made available
to the public unless the Secretary of Agriculture provides new public notice
and recommences the time limits specified in this subsection for the project.
(c) ELIGIBILITY- To be eligible
to appeal a hazardous fuels reduction project under this administrative
appeal process, a person must have submitted written comments during the
preparation stage of the project on an issue specifically related to the
project for which the appeal is sought. For purposes of this subsection,
a written comment includes a comment sent by e-mail or facsimile.
(d) SUBMISSION OF NOTICE
OF INTENT TO APPEAL-
(1) TIME FOR SUBMISSION-
The Secretary of Agriculture shall give eligible persons a 10-day period,
beginning on the date the signed decision document for a hazardous fuels
reduction project is made available to the public, during which to submit
written notice of an intent to appeal the decision. Notice submitted after
the end of such period shall not be accepted. For purposes of this paragraph,
a written notice includes a notice submitted by e-mail or facsimile, and
written notice submitted by mail shall be considered to have been submitted
on the date shown by a postmark or other evidence of the date on which
it was mailed.
(2) EFFECT OF FAILURE TO
TIMELY SUBMIT- If no valid notice of appeal is submitted within the required
period, the hazardous fuels reduction project shall not be subject to appeal
under this administrative appeal process or any other provision of law,
and the decision document shall be considered the final agency decision.
(e) FILING OF APPEAL- The
Secretary of Agriculture shall give an eligible person who timely submits
the notice of intent to appeal with regard to a hazardous fuels reduction
project a 15-day period during which to file the administrative appeal.
This period shall begin at the end of the 10-day period required by subsection
(d), not on the day the person actually submitted the notice.
(f) STAY OF ACTION- Upon
the timely submission of a notice of an intent to appeal a hazardous fuels
reduction project under subsection (d), the Secretary of Agriculture shall
take no action to implement the hazardous fuels reduction project until
the completion of the appeal process and any judicial review of the project,
unless the person submitting a notice of intent fails to timely file the
administrative appeal under subsection (e).
(g) TIME FOR REVIEW- Upon
receipt of the administrative appeal with regard to a hazardous fuels reduction
project, the appeals officer shall consider and render a decision on the
appeal within 25 days.
(1) NEGOTIATIONS AUTHORIZED-
The appeals officer may enter into negotiations with the appellant and
other interested persons who filed comments during the preparation stage
of the hazardous fuels reduction project subject to the review. Any decision
document resulting from the negotiations shall be considered the final
agency decision.
(2) NEW DECISION DOCUMENT-
The appeals officer may sign a new decision document correcting errors
or otherwise modifying the decision document or may remand the case for
further proceedings. If the appeals officer signs a new decision document,
the appeals officer shall supplement the record with explanatory analysis
and documentation. The new decision document shall be considered the final
agency decision.
(3) EXTENSION OF TIME PERIODS-
In order to facilitate negotiations, or for any other reason considered
appropriate by the Secretary of Agriculture, the Secretary may extend either
or both of the periods specified in subsections (d) and (e) for submission
of a notice of intent to appeal and for filing of an appeal.
(i) RELATION TO EXISTING
AUTHORITY- Any provision of section 322 of the Department of the Interior
and Related Agencies Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C.
1612 note), that is inconsistent with the process established by this section
shall not apply to a hazardous fuels reduction project covered by this
Act.
SEC. 11. FOREST RESTORATION
AND HOMEOWNER ASSISTANCE PROGRAM AND PROJECTS.
(a) ESTABLISHMENT OF PROGRAM-
The Secretary of Agriculture and the Secretary of the Interior (in this
section referred to as the `Secretaries') shall jointly establish a program
to identify and carry out projects to implement this section on the Federal
lands and, subject to subsections (c) and (d), certain non-Federal lands.
(b) AUTHORIZED PROJECT ACTIVITIES-
Projects identified and implemented under the program are limited to one
or more of the following activities:
(1) Erosion control and
restoration of healthy, properly functioning watersheds, including meadows,
upslope areas, riparian and floodplain areas, stream channels, and wetlands.
(2) Activities to implement
a recovery plan for a threatened or endangered species.
(3) Road and trail assessments
and plans and the maintenance, obliteration, or closure of roads and trails.
(4) Wildlife and fish habitat
management activities designed to restore native species and their habitats.
(5) Monitoring, including
multiparty monitoring, of the implementation and effectiveness of the projects.
(6) Watershed analysis,
including resource conditions and trend assessments.
(7) Restoration job training
and the support of existing, and the creation of new, micro- and small
enterprises related to restoration and the utilization and marketing of
by-products derived from the projects.
(8) Activities to ensure
compliance with the National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.).
(9) Ecologically appropriate
actions for the control and removal of noxious and invasive species.
(10) Reimbursement of the
United States Fish and Wildlife Service and the National Marine Fisheries
Service for the costs of carrying out their responsibilities under section
7 of the Endangered Species Act of 1972 (16 U.S.C. 1536) related to consultation
and conference in connection with the projects.
(11) Assisting the owners
of eligible residences to reduce the risk of damage to such residences
and appurtenant structures from wild fires on adjacent lands.
(c) COOPERATIVE AGREEMENTS-
(1) PROJECTS ON NON-FEDERAL
LAND- The Secretaries may enter into cooperative agreements with State
and local governments, tribal governments, private and nonprofit entities,
and landowners for protection, restoration, and enhancement of fish and
wildlife habitat and other resources on public or private lands, or both,
that benefit these resources within a watershed.
(2) COST-SHARING REQUIREMENT-
If funds provided under this section are expended on a project conducted
in whole or part on non-Federal lands, the Federal share of the project's
total costs shall not exceed 70 percent.
(d) HOMEOWNER ASSISTANCE-
(1) ELIGIBILITY REQUIREMENTS-
Funds provided pursuant to a cooperative agreement under subsection (c)
may be expended to reduce the likelihood of damage from fire to a residence
located in the wildland-urban interface, or to a structure appurtenance
to such a residence, if the Secretary concerned determines that such a
residence is vulnerable to damage from a wildfire originating on adjacent
lands.
(2) APPLICABILITY OF OTHER
PROVISIONS- Subsections (e) through (i) shall not apply to a project under
this section involving only the provision of assistance under this subsection.
(3) IMPLEMENTATION CRITERIA-
The Secretaries, in consultation with the State Foresters, shall develop
criteria for implementation of this subsection in order to achieve the
most effective and efficient use of Federal funds.
(1) MULTIPARTY MONITORING,
EVALUATION, AND ACCOUNTABILITY PROCESS- The Secretaries shall establish
a multiparty monitoring, evaluation, and accountability process in order
to assess the ecological, social, and economic impacts of projects conducted
under the program. A project may not be implemented, in whole or in part,
under the program until the Secretaries reserve sufficient funds to ensure
that the multiparty monitoring and evaluation required by this subsection
will be performed with respect to the project.
(2) MONITORING REPORT- The
Secretaries shall complete a detailed monitoring report for each project
conducted under the program that evaluates whether the project was properly
implemented and was effective in accomplishing restoration objectives,
whether the assumptions that went into the project's design were valid,
and whether funding amounts and sources were sufficient. The monitoring
report shall provide for validation monitoring and include an assessment
and identification of the following:
(A) Whether or not the project
met desired ecological conditions, including soils, water, and native fish
and wildlife, and used low-impact equipment.
(B) Whether or not the project
created high-skill, long-duration employment or training opportunities
for local crews, small or micro-enterprises, underserved communities, or
mobile workers, including whether or not the project created, or used existing,
natural-resource related small or micro-enterprises.
(C) The duration of each
contract used to implement the project; the average wage received by persons
implementing the contract, and the name and size of the entity that secured
the contract.
(D) An overall assessment
of the positive or negative impact and effectiveness of the project.
(3) ANNUAL REPORT- The Secretaries
shall submit an annual report to the Committee on Energy and Natural Resources
of the Senate and the Committee on Resources of the House of Representatives
detailing the information identified pursuant to this subsection.
(4) COLLECTION AND COMPILATION
OF DATA- The Secretaries shall ensure that monitoring data is collected
and compiled in a way that the general public can easily access. The Secretaries
may collect the data using cooperative agreements, grants, or contracts
with small or micro-enterprises, or Youth Conservation Corps work crews
or related partnerships with State, local, and non-profit youth groups.
(f) REQUIRED ASSESSMENT
AND ESTIMATES. Before initiating a project under the program, the Secretaries
shall complete the following with respect to the project:
(1) An assessment of the
expected outcomes, including how the project will help to accomplish restoration
objectives to improve the health, diversity, or ecological processes of
the lands covered by the project. Specific benefits to soil, water, and
native wildlife and fish habitats must be identified, as well as how the
project will restore naturally occurring ecological processes.
(2) Within the context of
accomplishing restoration objectives, an estimation of the number of jobs
or training opportunities, crew size, contract duration, and equipment
requirements that may be created by the project, including opportunities
for Youth Conservation Corps work crews or partnerships with non-Federal
youth groups.
(3) An estimate of the number
of natural resource-related small or micro-enterprises that may be created
as a result of the project and the number of existing small or micro-enterprises
that may benefit from the project.
(1) SET-ASIDE OF FUNDS-
The Secretaries shall ensure that all contracts to implement projects under
the program are issued or awarded to--
(A) natural-resource related
small or micro-enterprises;
(B) Youth Conservation Corps
crews or related partnerships with State, local and nonprofit youth groups;
(C) entities (including
Indian tribes and the Restoration and Value-added Centers established under
section 12) that will hire or train local people, or re-train nonlocal
traditional forest workers, to perform activities under the contract; or
(D) local entities that
meet the criteria to qualify for the Historically Underutilized Business
Zone Program under section 31 of the Small Business Act (15 U.S.C. 657a).
(2) SET-ASIDE OF PROJECT
ACTIVITIES- The Secretaries shall ensure that, on an annual basis, 50 percent
of all projects involving the sale of merchantable material under the program
are implemented using separate contracts for--
(A) the harvesting or collection
of merchantable material; and
(B) the sale of such material.
(h) BEST-VALUE CONTRACTING-
In order to implement a project under the program, and consistent with
the Federal acquisition requirements for best-value contracting, the Secretaries
shall select a source for performance of a contract or agreement on a best-value
basis, after consideration of the following:
(1) Understanding of the
technical demands and complexity of the work to be done.
(2) Ability of the offeror
to meet desired ecological objectives of the project and the sensitivity
of the resources being treated.
(3) The offeror's commitment
to hiring or training workers from the local area and the potential for
benefit to local small and micro-enterprises involved in the processing
of by-products derived from the project.
(4) The past performance
by the offeror with the type of work being done, the application of low-impact
equipment, and the ability of the offeror to meet desired ecological conditions.
(5) The commitment and feasibility
of the contractor to training workers for high wage and high skill jobs
that are long in duration.
(6) The commitment of the
offeror to hiring highly qualified workers and local residents.
(i) SOLE SOURCE PROCUREMENT
AUTHORITY-
(1) USE TO PROMOTE MICRO-
AND SMALL-ENTERPRISES- In implementing this section, a contracting officer
may award on a sole source basis projects up to $100,000 for the purpose
of providing projects to micro- and small-enterprises in order to help
establish them as viable enterprises.
(2) ELIGIBLE ENTITIES- To
be eligible for a sole source contract under this subsection, a micro-
or small-enterprise must complete training provided by a Restoration and
Value-added Center established under section 12 or other program for certification
as a micro- or small-enterprise, such as the Jobs-in-the-Woods program.
The micro- or small-enterprise must present certification from the training
provider that the micro- or small-enterprise is ready to perform.
(3) ADVANCE PAYMENTS- The
contracting officer may make advance payment to enterprises certified as
provided in paragraph (2).
(4) LIMIT ON CONTRACTS-
Based on the performance of the micro- or small-enterprise, and in consultation
with the training provider under paragraph (2), the contracting officer
may award up to five contracts under this subsection, after which the enterprise
will no longer be eligible for any further sole source awards.
(5) PROCUREMENT PERSONNEL-
The Secretaries shall hire additional procurement personnel, including
contracting officer trainees, in order to implement this section.
SEC. 12. FOREST RESTORATION
AND VALUE-ADDED CENTERS.
(a) ESTABLISHMENT- The Secretary
of Agriculture, acting through the Regional Foresters, shall establish
Forest Restoration and Value-added Centers in order to improve the implementation
of collaborative, community-based restoration projects on the National
Forest System lands and other lands. The Secretary may enter into partnerships
with other Federal agencies or other organizations, including local non-profit
organizations, conservation groups, and community colleges to establish
and maintain the Restoration Centers.
(b) LOCATION- The Secretary
of Agriculture shall ensure that at least one Restoration Center is located
in each Forest Service Region and that every Restoration Center is located
in a small, rural community adjacent to or surrounded by National Forest
System lands.
(c) PROVISION OF TECHNICAL
ASSISTANCE AND GRANTS- The Restoration Centers shall develop programs to
provide technical assistance and grants to non-profit organizations, existing
small or micro-enterprises, and individuals interested in creating a natural-resource
related small or micro-enterprise for the purpose of--
(1) conducting forest restoration
activities, including environmental assessments and monitoring; or
(2) utilizing processing
techniques for the by-products of restoration and value-added manufacturing.
(d) TYPES OF TECHNICAL ASSISTANCE-
The Restoration Centers shall provide technical assistance in--
(1) using the latest scientific
information and methodology to accomplish restoration and land health objectives;
(2) accessing capital from
public and private sources;
(3) workforce training for
value-added manufacturing and restoration activities, including environmental
assessments and monitoring;
(4) marketing and business
support for conservation-based small and micro-businesses located in rural
communities to better access urban markets;
(5) developing technology
for restoration activities and use of products resulting from restoration
activities.
(e) ESTABLISHMENT PROCESS-
The Secretary of Agriculture shall select the location at which each Restoration
Center will be established based on requests for proposals. The Secretary
shall appoint an advisory committee for each Forest Service Region that,
consistent with the Federal Advisory Committee Act, will recommend a location
for the Restoration Center for that Region.
(f) ADVISORY COMMITTEE-
The advisory committees appointed pursuant to subsection (e) shall include--
(1) Representatives of the
Environmental Protection Agency, United States Fish and Wildlife Service,
and relevant State wildlife-management agencies.
(2) Representatives of any
affected Indian tribes or pueblos.
(3) Representatives of the
Department of Labor, the Small Business Administration, and appropriate
State agencies with expertise in micro-enterprises.
(4) Representatives (other
than elected officials) of community groups active in National Forest or
public land conservation.
(5) At least two scientists
with expertise in ecosystem restoration who are not employees of any Federal
or State agency.
(6) Representatives of national
or regional environmental organizations.
(7) Representatives of regional
value-added forest products companies.
(g) FEDERAL FUNDING- The
Secretary of Agriculture shall make grants to each Restoration Center in
amounts sufficient to cover 75 percent of the Restoration Center's operating
costs, but not to exceed $1,000,000 annually per Restoration Center. After
a Restoration Center has operated for five years, the Secretary may begin
to reduce the level of Federal funding for the Restoration Center's operating
costs, based on the performance of the Restoration Center.
(h) EXPANSION TO OTHER FEDERAL
LANDS- In order to determine whether a similar Restoration Center program
is appropriate for public lands, the Secretary of the Interior shall establish
one Restoration Center meeting the requirements of this section. Not later
than three years after the date of the enactment of this Act, the Secretary
of the Interior shall submit a report to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House of
Representatives containing recommendations regarding whether additional
Restoration Centers should be established to serve communities adjacent
to or surrounded by public lands.
SEC. 13. COMPETITIVE SERVICE
HIRING PREFERENCE FOR GRADUATES OF CERTIFIED YOUTH SERVICE OR CONSERVATION
CORPS.
(a) HIRING PREFERENCE- The
Secretary of the Interior and the Secretary of Agriculture may appoint
in the competitive service any person who--
(1) is at least 21 years
of age;
(2) has satisfactorily completed
a minimum of one year of service in a certified youth service or conservation
corps;
(3) received satisfactory
evaluations of knowledge, skills, and abilities by both corps supervisors
or crew leaders as well as agency liaison personnel.
(b) DURATION OF PREFERENCE-
A person's eligibility for preferential hiring under this section expires
after one year after the date of the person's graduation from a certified
youth service or conservation corps.
SEC. 14. RESEARCH AND TRAINING.
(a) APPLIED RESEARCH PROGRAM-
The Secretary of Agriculture shall establish a program of applied research
using the resources of the Forest Products Laboratory for the purpose of--
(1) identifying restoration
methods, including assessments and monitoring, and treatments that minimize
adverse impacts to the land, such as through the use of low-impact techniques
and equipment; and
(2) testing and developing
value-added products created from the by-products of restoration.
(b) DISSEMINATION OF RESULTS-
The Secretary of Agriculture shall disseminate the results of the applied
research to the Restoration and Value-added Centers, rural communities
adjacent to or surrounded by Federal lands. The Secretary shall annually
conduct training workshops and classes for the Restoration Centers as well
as for other interested communities to ensure that residents of such communities
have access to the information.
(c) RESEARCH AGENDA- The
Restoration and Value-added Centers shall work with the Forest Products
Laboratory to develop the research agenda so that research efforts respond
to the needs of the user community.
SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to
be appropriated such sums as may be necessary to carry out this Act.
END
|