| HR 460 IH
108th CONGRESS
1st Session
H. R. 460
To establish Institutes
to conduct research on the prevention of, and restoration from, wildfires
in forest and woodland ecosystems of the interior West.
IN THE HOUSE OF REPRESENTATIVES
January 29, 2003
Mr. HAYWORTH (for himself, Mr.
UDALL of Colorado, Mr. MCINNIS, Mr. RENZI, Mr. UDALL of New Mexico, Mrs.
WILSON of New Mexico, Mr. KOLBE, 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 conduct research on the prevention of, and restoration from, wildfires
in 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 `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 subdorminant 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 forest and woodland health, in the interior West;
(2) to develop the practical
scientific knowledge required to implement forest and woodland restoration
on a landscape scale;
(3) to develop the interdisciplinary
knowledge required to understand the socioeconomic and environmental impacts
of wildfire control on ecosystems and landscapes;
(4) to require 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 wildlife prevention activities, including restoration
treatments; and
(C) to monitor and use wildfire
treatments based on the use of adaptive ecosystem management;
(5) to develop, transfer,
and assist land managers in treating acres with restoration-based treatments
and use 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--
(A) the National Fire Plan;
(B) the report entitled
`Protecting People and Sustaining Resources in Fire-Adapted Ecosystems--A
Cohesive Strategy' (65 Fed. Reg. 67480); and
(C) 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; and
(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.
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--
(3) INSTITUTE- The term
`Institute' means an Institute established under section 5(a).
(4) 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.
(6) RESTORATION- The term
`restoration' means a process undertaken to return an ecosystem or habitat
toward--
(A) the original condition
of the ecosystem or habitat; or
(B) a condition that supports
a related species, natural function, or ecological process (including a
low intensity fire).
(7) SECRETARY- The term
`Secretary' means the Secretary of Agriculture, acting through the Chief
of the Forest Service.
(8) 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.
(9) 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 improve 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) plan, conduct, or promote
research on the use of adaptive ecosystem management to reduce the risk
of wildfires, and improve the health of forest and woodland ecosystems,
in the interior West, including--
(A) research that assists
in providing information on the use of adaptive ecosystem management practices
to affected entities; and
(B) research that will be
useful in the development and implementation of practical, science-based,
ecological restoration treatments for forest and woodland ecosystems affected
by wildfires; and
(2) provide the results
of research described in paragraph (1) to affected entities.
(d) COOPERATION- To increase
and accelerate efforts to restore forest ecosystem health and abate unnatural
and unwanted wildfires in the interior West, each Institute shall cooperate
with--
(1) researchers at 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) shall ensure that adequate
financial and technical assistance is provided to the Institutes to enable
the Institutes to carry out the purposes of the Institutes under section
5, including prevention activities and ecological restoration for wildfires
and affected ecosystems;
(2) shall use information
and expertise provided by the Institutes;
(3) shall encourage Federal
agencies to use, on a cooperative basis, information and expertise provided
by the Institutes;
(4) shall encourage cooperation
and coordination between Federal programs relating to--
(A) ecological restoration;
(B) wildfire risk reduction;
and
(C) wildfire management
technologies;
(5) 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;
(6) may accept funds from
other Federal agencies to supplement or fully fund grants made, and contracts
entered into, by the Secretaries;
(7) 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;
(8) shall encourage professional
education and public information activities relating to the purposes of
this Act; and
(9) 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 Institutes meet the needs 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.
There is authorized to be
appropriated to carry out this Act $15,000,000 for each fiscal year.
END
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