Directs the Secretaries of Agriculture and the Interior, prior to making permanent road closings on National Forest System or Bureau of Land Management lands, respectively, to: (1) provide affected State and local officials with advance notice showing affected roads and traffic patterns; and (2) provide for public notice and comment.
Requires: (1) the Secretaries to meet annually with State and local officials to describe agency proposals that will or may result in permanent road closures within the coming two fiscal years; and (2) information to be provided at the first meeting respecting the previous five years' road closings.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1523 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 1523
To establish mandatory procedures to be followed by the Forest Service
and the Bureau of Land Management in advance of the permanent closure
of any forest road so as to ensure local public participation in the
decisionmaking process.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 1999
Mrs. Chenoweth (for herself, Mr. Young of Alaska, Mr. Duncan, Mr.
Schaffer, Mr. Hill of Montana, Mr. Doolittle, Mr. Radanovich, Mr.
Herger, Mr. Pombo, Mr. Peterson of Pennsylvania, Mr. Walden of Oregon,
Mrs. Cubin, Mr. Taylor of North Carolina, Mr. Simpson, and Mr.
Nethercutt) 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 mandatory procedures to be followed by the Forest Service
and the Bureau of Land Management in advance of the permanent closure
of any forest road so as to ensure local public participation in the
decisionmaking process.
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 ``Forest Roads-Community Right-To-Know
Act''.
SECTION 2. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT PROCEDURES FOR
PERMANENT CLOSURE OF FOREST ROADS.
(a) Definitions.--In this section:
(1) Permanent closure.--The term ``permanent closure'',
with respect to a forest road, means the closure of the road to
vehicular traffic for a continuous period of more than one
year. The term includes a road closure of one year or less, or
of an unspecified duration, unless the Secretary concerned
certifies at the time of the closure that the closure will not
extend beyond one year.
(2) Forest road.--The term ``forest road'' means any road
on Federal lands.
(3) Federal lands.--The term ``Federal lands'' means--
(A) lands administered by the Bureau of Land
Management; and
(B) lands within units of the National Forest
System.
(4) State and local government officials.--The term ``State
and local government officials'' means elected officials of
States and counties within which Federal lands are located.
(5) 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.
(b) Advance Notice of Permanent Road Closures to State and Local
Government Officials.--
(1) Purpose.--The purpose of this subsection is to ensure
that the Secretary concerned involves State and local
government officials in the process by which the Secretary
concerned considers and plans for the potential permanent
closure of forest roads on Federal lands.
(2) Annual meetings required.--At least once each fiscal
year, the Secretary concerned shall meet with appropriate State
and local government officials to describe all agency plans or
proposals that, within the next two fiscal years, will or may
result in the permanent closure of forest roads on Federal
lands. Such agency plans or proposals include project
proposals, land management plan amendments or revisions,
resource management plan amendments or revisions, and regional
or subregional plans or proposals
(3) Elements of notice.--At a meeting under paragraph (2),
the Secretary concerned shall provide information, using maps
and other means, that at a minimum--
(A) shows forest roads selected or proposed for
permanent closure;
(B) shows traffic patterns and volumes on the roads
over the previous five years; and
(C) explains how users of the roads will be
adversely affected with longer travel times or adverse
travel conditions by the permanent closure of the
roads.
(4) Special rule for first meeting.--At the first meeting
conducted under paragraph (2) for a State or local government,
the Secretary concerned shall also provide information on all
forest roads that have been subject to permanent closure in
that State during the previous five years. The information
shall include a map showing the location of the forest roads
and a description of the methods and costs of the permanent
closure of the forest roads.
(c) Public Notice and Comment Requirements.--
(1) Local notice.--Before proceeding with the permanent
closure of a forest road, the Secretary concerned shall publish
an announcement describing the proposed closure in the local
newspaper of record for the area likely to be affected by the
permanent closure of the road. The announcement shall include a
description and map of the forest road selected or proposed for
permanent closure and a description of any comments generated
regarding the closure in meetings with State and local
government officials under subsection (b).
(2) Comment period.--The permanent closure of a forest road
may not take effect until after the end of the 90-day period
beginning on the date that the announcement under paragraph (1)
was published regarding that road so as to permit the public to
submit comments regarding the decision to select or propose the
forest road for permanent closure.
(d) Prohibition on Permanent Road Closures.--The permanent closure
of a forest road is prohibited unless--
(1) advance notice of the permanent closure of the road is
provided to the appropriate State and local government
officials in the manner provided in subsection (b); and
(2) the Secretary complies with the public notice and
comment requirements under subsection (c).
(e) Application of Requirements.--The requirements of this section
shall take effect on the date of the enactment of this Act, except that
the prohibition contained in subsection (d)(1) shall not apply to
prohibit the permanent closure of any forest road implemented during
the fiscal year in which this section is enacted.
(f) Effect on Valid and Existing Rights.--Nothing in this section
shall invalidate rights-of-way designated under section 2477 of the
Revised Statutes of 1878 (43 U.S.C. 932) or other valid and existing
rights, including rights of ingress and egress.
(g) Compliance With State Laws.--In carrying out this section with
respect to a forest road, the Secretary concerned shall comply with the
applicable laws of the State in which the forest road is located.
<all>
Introduced in House
Introduced in House
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.
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.
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.
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.
Subcommittee Consideration and Mark-up Session Held.
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Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 8 - 5.
Subcommittee on National Parks and Public Lands Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 16.
Reported (Amended) by the Committee on Resources. H. Rept. 106-604, Part I.
Reported (Amended) by the Committee on Resources. H. Rept. 106-604, Part I.
House Committee on Agriculture Granted an extension for further consideration ending not later than May 3, 2000.
Committee on Agriculture discharged.
Committee on Agriculture discharged.
Placed on the Union Calendar, Calendar No. 330.