| HR 2696 IH
108th CONGRESS
1st Session
H. R. 2696
To establish Institutes
to demonstrate and promote the use of adaptive ecosystem management to
reduce the risk of wildfires, and restore the health of fire-adapted forest
and woodland ecosystems of the interior West.
IN THE HOUSE OF REPRESENTATIVES
July 10, 2003
Mr. RENZI (for himself, Mr.
HAYWORTH, Mr. MCINNIS, Mr. KOLBE, Mr. PEARCE, and Mr. TANCREDO) introduced
the following bill; which was referred to the Committee on Resources, and
in addition to the Committee on Agriculture, 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 Institutes
to demonstrate and promote the use of adaptive ecosystem management to
reduce the risk of wildfires, and restore the health of fire-adapted forest
and woodland ecosystems of the interior West.
Be it enacted by the
Senate and House of Representatives of the United States of America in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as
the `The Southwest Forest Health and Wildfire Prevention Act of 2003'.
SEC. 2. FINDINGS.
(1) there is an increasing
threat of wildfire to millions of acres of forest land and rangeland throughout
the United States;
(2) forest land and rangeland
are degraded as a direct consequence of land management practices (including
practices to control and prevent wildfires and the failure to harvest subdominant
trees from overstocked stands) that disrupt the occurrence of frequent
low-intensity fires that have periodically removed flammable undergrowth;
(3) at least 39,000,000
acres of land of the National Forest System in the interior West are at
high risk of wildfire;
(4) an average of 95 percent
of the expenditures by the Forest Service for wildfire suppression during
fiscal years 1990 through 1994 were made to suppress wildfires in the interior
West;
(5) the number, size, and
severity of wildfires in the interior West are increasing;
(6) of the timberland in
National Forests in the States of Arizona and New Mexico, 59 percent of
such land in Arizona, and 56 percent of such land in New Mexico, has an
average diameter of 9 to 12 inches diameter at breast height;
(7) the population of the
interior West grew twice as fast as the national average during the 1990s;
(8) efforts to prioritize
forests and communities for wildfire risk reduction have been inconsistent
and insufficient and have resulted in funding to areas that are not prone
to severe wildfires;
(9) catastrophic wildfires--
(A) endanger homes and communities;
(B) damage and destroy watersheds
and soils; and
(C) pose a serious threat
to the habitat of threatened and endangered species;
(10) a 1994 assessment of
forest health in the interior West estimated that only a 15- to 30-year
window of opportunity exists for effective management intervention before
damage from uncontrollable wildfire becomes widespread, with 8 years having
already elapsed since the assessment;
(11) following a catastrophic
wildfire, certain forests in the interior West do not return to their former
grandeur;
(12) healthy forest and
woodland ecosystems--
(A) reduce the risk of wildfire
to forests and communities;
(B) improve wildlife habitat
and biodiversity;
(C) increase tree, grass,
forb, and shrub productivity;
(D) enhance watershed values;
(E) improve the environment;
and
(F) provide a basis in some
areas for economically and environmentally sustainable uses;
(13) sustaining the long-term
ecological and economic health of interior West forests and woodland, and
their dependent human communities, requires preventing severe wildfires
before the wildfires occur and permitting natural, low-intensity ground
fires;
(14) more natural fire regimes
cannot be accomplished without the reduction of excess fuels and thinning
of subdominant trees (which fuels and trees may be of commercial value);
(15) ecologically-based
forest and woodland ecosystem restoration on a landscape scale will--
(A) improve long-term community
protection;
(B) minimize the need for
wildfire suppression;
(C) improve resource values;
(D) reduce rehabilitation
costs;
(E) reduce loss of critical
habitat; and
(F) protect forests for
future generations;
(16) although the National
Fire Plan, and the report entitled `Protecting People and Sustaining Resources
in Fire-Adapted Ecosystems--A Cohesive Strategy' (65 Fed. Reg. 67480),
advocate a shift in wildfire policy from suppression to prevention (including
restoration and hazardous fuels reduction), Federal land managers are not
dedicating sufficient attention and financial resources to restoration
activities that simultaneously restore forest health and reduce the risk
of severe wildfire;
(17) although landscape
scale restoration is needed to effectively reverse degradation, scientific
understanding of landscape scale treatments is limited;
(18) the Federal wildfire
research program is funded at approximately 1/3 of the amount that is required
to address emerging wildfire problems, resulting in the lack of a cohesive
strategy to address the threat of catastrophic wildfires; and
(19) rigorous, understandable,
and applied scientific information is needed for--
(A) the design, implementation,
and adaptation of landscape scale restoration treatments and improvement
of wildfire management technology;
(B) the environmental review
process; and
(C) affected entities that
collaborate in the development and implementation of wildfire treatment.
SEC. 3. PURPOSES.
The purposes of this Act
are--
(1) to enhance the capacity
to develop, transfer, apply, and monitor practical science-based forest
restoration treatments that will reduce the risk of severe wildfires, and
improve the health of dry forest and woodland ecosystems in the interior
West;
(2) to synthesize and adapt
scientific findings from conventional research programs to implement forest
and woodland restoration on a landscape scale;
(3) to facilitate the transfer
of interdisciplinary knowledge required to understand the socioeconomic
and environmental impacts of wildfire on ecosystems and landscapes;
(4) to require the institutes
established under this Act to collaborate with Federal agencies--
(A) to use ecological restoration
treatments to reverse declining forest health and reduce the risk of severe
wildfires across the forest landscape;
(B) to ensure that sufficient
funds are dedicated to wildfire prevention activities, including restoration
treatments; and
(C) to monitor wildfire
treatments based on the use of adaptive ecosystem management;
(5) to assist land managers
in--
(A) treating acres with
restoration-based applications; and
(B) using new management
technologies (including the transfer of understandable information, assistance
with environmental review, and field and classroom training and collaboration)
to accomplish the goals identified in--
(i) the National Fire Plan;
(ii) the report entitled
`Protecting People and Sustaining Resources in Fire-Adapted Ecosystems--A
Cohesive Strategy' (65 Fed. Reg. 67480); and
(iii) the report entitled
`10-Year Comprehensive Strategy: A Collaborative Approach for Reducing
Wildland Fire Risks to Communities and the Environment' of the Western
Governors' Association;
(6) to provide technical
assistance to collaborative efforts by affected entities to develop, implement,
and monitor adaptive ecosystem management restoration treatments that are
ecologically sound, economically viable, and socially responsible; and
(7) to assist Federal and
non-Federal land managers in providing information to the public on the
role of fire and fire management in dry forest and woodland ecosystems
in the interior West.
SEC. 4. DEFINITIONS.
(1) ADAPTIVE ECOSYSTEM MANAGEMENT-
The term `adaptive ecosystem management' means a natural resource management
process under which planning, implementation, monitoring, research, evaluation,
and incorporation of new knowledge are combined into a management approach
that is--
(A) based on scientific
findings and the needs of society; and
(B) used to modify future
management methods and policy.
(2) AFFECTED ENTITIES- The
term `affected entities' includes--
(C) concerned citizens;
and
(D) the States of the interior
West, including political subdivisions of the States.
(3) DRY FOREST AND WOODLAND
ECOSYSTEM- The term `dry forest and woodland ecosystem' means an ecosystem
that is dominated by ponderosa pines and associated dry forest and woodland
types.
(4) INSTITUTE- The term
`Institute' means an Institute established under section 5(a).
(5) INTERIOR WEST- The term
`interior West' means the States of Arizona, Colorado, Idaho, Nevada, New
Mexico, and Utah.
(A) IN GENERAL- The term
`land manager' means a person or entity that practices or guides natural
resource management.
(B) INCLUSIONS- The term
`land manager' includes a Federal, State, local, or tribal land management
agency.
(7) RESTORATION- The term
`restoration' means a process undertaken to return an ecosystem or habitat
toward--
(A) the original structure
of the ecosystem or habitat; or
(B) a condition that supports
a natural complement of species, natural function, or ecological process
(such as a low intensity fire).
(8) SECRETARY- The term
`Secretary' means the Secretary of Agriculture, acting through the Chief
of the Forest Service.
(9) SECRETARIES- The term
`Secretaries' means--
(A) the Secretary of Agriculture,
acting through the Chief of the Forest Service; and
(B) the Secretary of the
Interior.
(10) STAKEHOLDER- The term
`stakeholder' means any person interested in or affected by management
of forest or woodland ecosystems.
SEC. 5. ESTABLISHMENT OF INSTITUTES.
(a) IN GENERAL- The Secretary,
in consultation with the Secretary of the Interior, shall--
(1) not later than 180 days
after the date of enactment of this Act, establish 3 Institutes to promote
the use of adaptive ecosystem management to reduce the risk of wildfires,
and restore the health of forest and woodland ecosystems, in the interior
West; and
(2) provide assistance to
the Institutes to promote the use of adaptive ecosystem management in accordance
with paragraph (1).
(1) EXISTING INSTITUTES-
The Secretary may designate an institute in existence on the date of enactment
of this Act to serve as an Institute established under this Act.
(2) STATES- Of the Institutes
established under this Act, the Secretary shall establish 1 Institute in
each of--
(A) the State of Arizona,
to be located at Northern Arizona University;
(B) the State of New Mexico;
and
(C) the State of Colorado.
(c) DUTIES- Each Institute
shall--
(1) develop, conduct research
on, transfer, promote, and monitor restoration-based hazardous fuel reduction
treatments to reduce the risk of severe wildfires and improve the health
of dry forest and woodland ecosystems in the interior West;
(2) synthesize and adapt
scientific findings from conventional research to implement restoration-based
hazardous fuel reduction treatments on a landscape scale using an adaptive
management framework;
(3) translate for and transfer
to affected entities any scientific and interdisciplinary knowledge about
restoration-based hazardous fuel reduction treatments; and
(4) assist affected entities
with the design of adaptive management approaches (including monitoring)
for the implementation of restoration-based hazardous fuel reduction treatments.
(d) COOPERATION- Each Institute
may cooperate with--
(1) researchers and cooperative
extension programs at colleges, community colleges, and universities in
the States of Arizona, New Mexico, and Colorado that have a demonstrated
capability to conduct research described in subsection (c); and
(2) other organizations
and entities in the interior West (such as the Western Governors' Association).
(e) ANNUAL WORK PLANS- As
a condition of the receipt of funds made available under this Act, for
each fiscal year, each Institute shall submit to the Secretary, for review
by the Secretary, in consultation with the Secretary of the Interior, an
annual work plan that includes assurances, satisfactory to the Secretaries,
that the proposed work of the Institute will serve the informational needs
of affected entities.
SEC. 6. COOPERATION BETWEEN
INSTITUTES AND FEDERAL AGENCIES.
In carrying out this Act,
the Secretary, in consultation with the Secretary of the Interior--
(1) to the extent that funds
are appropriated for the purpose, shall provide financial and technical
assistance to the Institutes to carry out the duties of the Institutes
under section 5;
(2) shall encourage Federal
agencies to use, on a cooperative basis, information and expertise provided
by the Institutes;
(3) shall encourage cooperation
and coordination between Federal programs relating to--
(A) ecological restoration;
(B) wildfire risk reduction;
and
(C) wildfire management
technologies;
(4) notwithstanding chapter
63 of title 31, United States Code, may--
(A) enter into contracts,
cooperative agreements, interagency personal agreements to carry out this
Act; and
(B) carry out other transactions
under this Act;
(5) may accept funds from
other Federal agencies to supplement or fully fund grants made, and contracts
entered into, by the Secretaries;
(6) may support a program
of internships for qualified individuals at the undergraduate and graduate
levels to carry out the educational and training objectives of this Act;
(7) shall encourage professional
education and public information activities relating to the purposes of
this Act; and
(8) may promulgate such
regulations as the Secretaries determine are necessary to carry out this
Act.
SEC. 7. MONITORING AND EVALUATION.
(a) IN GENERAL- Not later
than 5 years after the date of enactment of this Act, and every 5 years
thereafter, the Secretary, in consultation with the Secretary of Interior,
shall complete and submit to the appropriate committees of Congress a detailed
evaluation of the programs and activities of each Institute--
(1) to ensure, to the maximum
extent practicable, that the research, communication tools, and information
transfer activities of each Institute are sufficient to achieve the purposes
of this Act, including--
(A) implementing active
management practices at the landscape level;
(B) reducing unnecessary
planning costs;
(C) avoiding duplicative
and conflicting efforts;
(D) increasing public acceptance
of active management practices; and
(E) achieving general satisfaction
on the part of affected entities; and
(2) to determine whether
continued provision of Federal assistance to each Institute is warranted.
(b) TERMINATION OF ASSISTANCE-
If, as a result of an evaluation under subsection (a), the Secretary, in
consultation with the Secretary of the Interior, determines that an Institute
does not qualify for further Federal assistance under this Act, the Institute
shall receive no further Federal assistance under this Act until such time
as the qualifications of the Institute are reestablished to the satisfaction
of the Secretaries.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There is
authorized to be appropriated to carry out this Act $15,000,000 for each
fiscal year.
(b) LIMITATION- No funds
made available under subsection (a) shall be used to pay the costs of constructing
any facilities.
END
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