TABLE OF CONTENTS:
Title I: Community Protection and Hazardous Fuels Reduction
Title II: Other Matters
Community Protection and Hazardous Fuels Reduction Act of 1999 - Title I: Community Protection and Hazardous Fuels Reduction - Requires the Bureau of Land Management and the Forest Service to identify wildlife-urban interface areas (areas of Federal land in close proximity to communities and human habitations) with hazardous fuels buildups and other forest management needs.
(Sec. 104) Authorizes the Secretary of Agriculture or of the Interior to (temporarily) enter into forest product sales contracts in order to reduce hazardous fuels buildups in such areas, which may require the purchaser to undertake forest management projects under specified conditions in return for forest management credits. Authorizes appropriations.
Title II: Other Matters - Directs the Secretary of Agriculture to establish: (1) at least two forest fire research centers at institutions of higher education with expertise in natural resource development; and (2) an advisory committee of fire and land managers and fire researchers. Requires at least one center to be located in: (1) Washington, Oregon, California, Idaho, or Nevada; and (2) Montana, Wyoming, Colorado, Utah, Arizona, or New Mexico.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1522 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 1522
To safeguard communities, lives, and property from catastrophic
wildfire by authorizing contracts to reduce hazardous fuels buildups on
forested Federal lands in wildland/urban interface areas while also
using such contracts to undertake forest management projects to protect
noncommodity resources, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 1999
Mrs. Chenoweth (for herself, Mr. Hill of Montana, Mr. Herger, and Mr.
Doolittle) 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 safeguard communities, lives, and property from catastrophic
wildfire by authorizing contracts to reduce hazardous fuels buildups on
forested Federal lands in wildland/urban interface areas while also
using such contracts to undertake forest management projects to protect
noncommodity resources, 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 ``Community
Protection and Hazardous Fuels Reduction Act of 1999''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--COMMUNITY PROTECTION AND HAZARDOUS FUELS REDUCTION
Sec. 101. Findings and purpose.
Sec. 102. Definitions.
Sec. 103. Identification of wildland/urban interface areas.
Sec. 104. Contracting to reduce hazardous fuels buildups and undertake
forest management projects in wildland/
urban interface areas.
Sec. 105. Monitoring requirements.
Sec. 106. Reporting requirements.
Sec. 107. Termination of authority.
Sec. 108. Authorization of appropriations.
TITLE II--OTHER MATTERS
Sec. 201. Establishment of forest fire research centers.
TITLE I--COMMUNITY PROTECTION AND HAZARDOUS FUELS REDUCTION
SEC. 101. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Management of Federal lands has been characterized by
large cyclical variations in fire suppression policies, timber
harvesting levels, and the attention paid to commodity and
noncommodity values.
(2) Forests on Federal lands are experiencing significant
disease epidemics and insect infestations.
(3) The combination of inconsistent management and natural
effects has resulted in a hazardous fuels buildup on Federal
lands that threatens catastrophic wildfire.
(4) While the long-term effect of catastrophic wildfire on
forests and forest systems is a matter of debate, there should
be no question that forests must be managed to prevent
catastrophic wildfire in areas of the Federal lands where
wildlands abut, or are located in close proximity to,
communities, residences, and other private and public
facilities on non-Federal lands.
(5) Wildfire resulting from hazardous fuels buildup in such
wildland/urban interface areas threatens the destruction of
communities, puts human life and property at risk, threatens
community water supplies with erosion that follows wildfire,
destroys wildlife habitat, and diminishes ambient air quality.
(6) The Secretary of the Interior and the Secretary of
Agriculture must assign a high priority and undertake
aggressive management to reduce the risk of wildfire in
wildland/urban interface areas on Federal lands through the
elimination of hazardous fuels buildups in such areas. The
protection of human life and property and the protection of
water supplies and ambient air quality in wildland/urban
interface areas must be given the highest priority.
(7) The noncommodity resources of wildland/urban interface
areas on Federal lands, including such resources as riparian
zones and wildlife habitats, which must be protected to provide
recreational opportunities, clean water, and other amenities to
neighboring communities and the public suffer from a backlog of
forest management projects designed to provide such protection.
(8) In a period of fiscal austerity characterized by
shrinking budgets and personnel levels, Congress must provide
the Secretary of the Interior and the Secretary of Agriculture
with innovative tools to accomplish the required reduction in
hazardous fuels buildup and to undertake other forest
management projects in the wildland/urban interface areas on
the Federal lands at the least cost.
(b) Purpose.--The purpose of this title is to provide new authority
and innovative tools to the Secretary of the Interior and the Secretary
of Agriculture--
(1) to safeguard communities, lives, and property by
reducing or eliminating the threat of catastrophic wildfire in
wildland/urban interface areas on Federal lands; and
(2) to undertake needed forest management projects in such
areas.
SEC. 102. DEFINITIONS.
As used in this title:
(1) Congressional committees.--The term ``congressional
committees'' means the Committee on Resources and the Committee
on Agriculture of the House of Representatives and the
Committee on Energy and Natural Resources and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
(2) Eligible forest products sale.--The term ``eligible
forest products sale'' means a sale of forest products in a
wildland/urban interface area identified under section 103 that
is conducted for the primary purpose of reducing hazardous
fuels buildups in the area and is supplemental to the existing
timber sale program for the Federal lands containing the area.
(3) Federal lands.--The term ``Federal lands'' means--
(A) federally managed lands administered by the
Bureau of Land Management under the Secretary of the
Interior; and
(B) federally managed forest lands created from the
public domain and administered by the Secretary of
Agriculture.
(4) Forest management project.--The term ``forest
management project'' means a project designed to protect one or
more noncommodity resources on or in close proximity to Federal
lands. Such projects may include riparian zone enhancement,
habitat improvement, noncommercial hazardous fuels reduction,
and soil stabilization or other water quality improvement
project.
(5) Forest product.--The term ``forest products'' means any
tree or tree part that can be used for a commercial purpose.
(6) Fuels.--The term ``fuels'' includes forage, woody
debris, duff, needle cast, brush, understory, ladder fuels, and
dead or dying overstory.
(7) Hazardous fuels buildup.--The term ``hazardous fuels
buildup'' means the level of fuels accumulation on Federal
lands at which an ignition, together with the right combination
of weather and topographic conditions, can result in--
(A) a dangerous exposure of risk to firefighters
and the public; or
(B) a high potential to cause risk of loss to key
components that define ecological resources, capital
investments, and private property.
(8) Land management plan.--The term ``land management
plan'' means the following:
(A) With respect to Federal lands described in
paragraph (3)(A), a land use plan prepared by the
Bureau of Land Management pursuant to section 202 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712), or other multiple-use plan currently in
effect.
(B) With respect to Federal lands described in
paragraph (3)(B), a land and resource management plan
(or if no final plan is in effect, a draft land and
resource management plan) prepared by the Forest
Service pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604).
(9) Secretary concerned.--The term ``Secretary concerned''
means--
(A) with respect to the Federal lands described in
paragraph (3)(A), the Secretary of the Interior; and
(B) with respect to the Federal lands described in
paragraph (3)(B), the Secretary of Agriculture.
(10) Wildland/urban interface area.--The term ``wildland/
urban interface area'' means a sufficient area or zone between
structures or other human development and undeveloped wildland
or vegetative fuel, as defined in the definitions of the
Secretary concerned in effect as of the date of the enactment
of this Act.
SEC. 103. IDENTIFICATION OF WILDLAND/URBAN INTERFACE AREAS.
(a) Identification Deadline.--On or before February 28 of each
year, each District Manager of the Bureau of Land Management and each
Forest Supervisor of the Forest Service shall identify those areas on
Federal lands within the jurisdiction of the District Manager or Forest
Supervisor that the District Manager or Forest Supervisor determines--
(1) are wildland/urban interface areas; and
(2) have hazardous fuels buildups and other forest
management needs that would benefit from the use of forest
management projects as provided in section 104.
(b) Public Participation.--At the end of the third full fiscal year
during which contracts are entered into under section 104, each
District Manager of the Bureau of Land Management and each Forest
Supervisor of the Forest Service shall solicit recommendations from the
public regarding Federal lands within the jurisdiction of the District
Manager or Forest Supervisor that members of the public feel qualify
for identification as wildland/urban interface areas and that have
hazardous fuels buildups and other forest management needs that would
benefit from the use of forest management projects as provided in
section 104.
SEC. 104. CONTRACTING TO REDUCE HAZARDOUS FUELS BUILDUPS AND UNDERTAKE
FOREST MANAGEMENT PROJECTS IN WILDLAND/URBAN INTERFACE
AREAS.
(a) Contracting Authority.--
(1) Reduction of hazardous fuels.--The Secretary concerned
is authorized to enter into contracts under this section for
the sale of forest products, the primary purpose of which is to
reduce hazardous fuels buildups in a wildland/urban interface
area identified under section 103.
(2) Inclusion of forest management projects.--As a
condition of an eligible forest products sale, the Secretary
concerned may require the purchaser of such products to
undertake one or more forest management projects in the
wildland/urban interface area. The Secretary concerned may
include a forest management project as a condition in an
eligible forest products sale only if the Secretary determines
that--
(A) the forest management project is consistent
with the applicable land management plan; and
(B) the objectives of the forest management project
can be accomplished most cost efficiently and
effectively when the project is performed as part of
the sale contract.
(b) Financing of Forest Management Projects.--
(1) Financing through sales.--To finance a forest
management project required as a condition of a contract for an
eligible forest products sale under subsection (a), the
Secretary concerned shall include in the contract a clause that
reduces the amount otherwise required to be paid to the United
States by the purchaser of forest products sold under the
contract. The amount of the reduction shall be determined under
paragraph (2) to offset costs incurred by the purchaser in
carrying out the required forest management project.
(2) Amount of reduction of payment.--The amount of the
price reduction in paragraph (1) shall be equal to--
(A) the costs incurred by the purchaser in carrying
out the required forest management project; minus
(B) any assistance paid to the purchaser under
subsection (c) to cover those costs.
(c) Supplemental Funding Using Appropriated Funds.--The Secretary
concerned may use appropriated funds to assist the purchaser of forest
products in a contract for an eligible forest products sale to
undertake a forest management project required as a condition of the
contract, if the funds are provided from the resource function or
functions that directly benefit from the performance of the project and
the funds are available from the annual appropriation for such function
or functions during the fiscal year in which the sale is offered. The
amount of assistance to be provided for each forest management project
shall be included in the prospectus, and published in the
advertisement, for the eligible forest products sale.
(d) Determination of Forest Management Offsets.--Prior to the
advertisement of an eligible forest products sale, the Secretary
concerned shall determine the maximum price reduction to be allowed
under subsection (b) for each forest management project to be required
as a condition of the sale contract. A description of the forest
management project, and the cost of the project that may be offset
against the purchaser's payment for forest products in the sale, shall
be included in the prospectus, and published in the advertisement, for
the sale.
(e) Effect on Moneys Received.--Only the amounts actually paid by a
purchaser under a contract for an eligible forest products sale shall
be considered to be money received for purposes of title II of the Act
of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181f), the first section
of the Act of May 24, 1939 (53 Stat. 753; 43 U.S.C. 1181f-1), the sixth
paragraph under the heading ``FOREST SERVICE'' in the Act of May 23,
1908 (35 Stat. 260; 16 U.S.C. 500), section 13 of the Act of March 1,
1911 (36 Stat. 963; commonly known as the Weeks Act; 16 U.S.C. 500), or
other applicable law concerning the distribution of receipts from the
sale of forest products on Federal lands.
(f) Limitation on Amount of Offsets.--The total amount by which
purchase payments under contracts for eligible forest products sales
may be reduced under subsection (b) each fiscal year--
(1) under contracts awarded by the Secretary of the
Interior, may not exceed $20,000,000; and
(2) under contracts awarded by the Secretary of
Agriculture, may not exceed $20,000,000.
SEC. 105. MONITORING REQUIREMENTS.
The Secretary concerned shall monitor the preparation and offering
of contracts for eligible forest products sales under section 104, and
the performance of forest management projects under the contracts to
determine the effectiveness of the contracts and forest management
projects in achieving the purpose of this title.
SEC. 106. REPORTING REQUIREMENTS.
(a) Annual Report.--Not later than 90 days after the end of each
full fiscal year during which contracts are entered into under section
104, the Secretary concerned shall submit to the congressional
committees a report, which shall provide for the Federal lands within
the jurisdiction of the Secretary concerned the following:
(1) A list of the wildland/urban interface areas identified
on or before February 28 of the previous fiscal year pursuant
to section 103.
(2) A summary of all contracts entered into, and all forest
management projects performed, pursuant to section 104 during
the preceding fiscal year.
(3) A discussion of any delays in excess of three months
encountered during the preceding fiscal year, and likely to
occur in the fiscal year in which the report is submitted, in
preparing and offering the sales, and in performing the forest
management projects, pursuant to section 104.
(4) The results of the monitoring required by section 105
of the contracts authorized, and the forest management projects
performed, pursuant to section 104.
(5) Any anticipated problems in the implementation of this
title.
(b) Four Year Report.--The fourth report prepared by the Secretary
concerned under subsection (a) shall contain, in addition to the
matters required by subsection (a), an assessment by the Secretary
concerned regarding whether the contracting authority provided in
section 104 should be reauthorized beyond the period specified in
section 108(a). If the Secretary concerned feels that reauthorization
is warranted, the Secretary shall also include such recommendations as
the Secretary considers appropriate regarding changes in the authority
to better achieve the purpose of this title.
SEC. 107. TERMINATION OF AUTHORITY.
(a) Termination Date.--The authority of the Secretary concerned to
offer eligible forest products sales under section 104, and to require
the purchasers of such products to undertake forest management projects
as a condition of such sales, shall terminate at the end of the five-
fiscal year period beginning on the first October 1st occurring after
the date of the enactment of this Act.
(b) Effect on Existing Sales.--Any contract for an eligible forest
products sale under section 104 entered into before the end of the
period specified in subsection (a), and still in effect at the end of
such period, shall remain in effect after the end of such period
pursuant to the terms of the contract.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of the first five
fiscal years beginning after the date of the enactment of this Act such
sums as may be necessary to carry out this title.
TITLE II--OTHER MATTERS
SEC. 201. ESTABLISHMENT OF FOREST FIRE RESEARCH CENTERS.
(a) Findings.--Congress finds the following:
(1) There is an increasing threat of fire to millions of
acres of forestlands and rangelands throughout the United
States.
(2) Today's forests and rangelands are the consequence of
land management practices that have emphasized the control and
prevention of fires.
(3) As a result of these management practices, forestlands
and rangelands in the United States are no longer naturally
functioning ecosystems, and drought cycles and the invasion of
insects and disease have resulted in vast areas of dead or
dying trees, overstocked stands, and the invasion of
undesirable species.
(4) Population movement into wildland/urban interface areas
(as defined in section 102) exacerbate the fire danger.
(5) The budgets and resources of local, State, and Federal
entities supporting firefighting efforts have been stretched to
their limits.
(6) Diminishing Federal resources (including personnel)
have limited the ability of Federal fire researchers to respond
to management needs, and to utilize technological advancements
for analyzing fire management costs.
(7) The Federal fire research program is funded at
approximately \1/3\ of what is required to address emerging
fire problems.
(8) In light of current fiscal constraints, there is a
critical need for cost-effective investments in improved fire
management technologies.
(b) Establishment of Research Centers.--
(1) Establishment required.--The Secretary of Agriculture
shall establish at least two forest fire research centers at
institutions of higher education that have expertise in natural
resource development and are located in close proximity to
other Federal natural resource, forest management, and land
management agencies.
(2) Designated locations.--Of the forest fire research
centers established pursuant to paragraph (1), at least one
center shall be located in--
(A) Washington, Oregon, California, Idaho, or
Nevada; and
(B) Montana, Wyoming, Colorado, Utah, Arizona, or
New Mexico.
(c) Purpose of Research Centers.--The forest fire research centers
established pursuant to subsection (b) shall--
(1) conduct integrative, interdisciplinary research into
the ecological, socio-economic, and environmental impacts of
fire control and use in managing ecosystems and landscapes; and
(2) develop mechanisms to rapidly transfer new fire control
and management technologies to fire and land managers.
(d) Advisory Committee.--The Secretary of Agriculture, in
consultation with the Secretary of Interior, shall establish a
committee composed of fire and land managers and fire researchers to
determine the areas of emphasis and establish priorities for research
projects conducted at forest fire research centers established pursuant
to subsection (b). The Federal Advisory Committee Act (5 U.S.C. App.)
and title XVIII of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 2281 et seq.) shall not apply to
the committee.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Forests and Forest Health.
Referred to the Subcommittee on National Parks and Public Lands.
Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.
Executive Comment Requested from USDA.
Sponsor introductory remarks on measure. (CR H3934)
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