Directs the Secretaries of Agriculture and the Interior to each: (1) establish a National Heritage Restoration Corps to restore (and monitor) such lands to their natural pre-logging condition; and (2) develop National Heritage Restoration Plans and related standards for regional ecological restoration and monitoring.
Sets forth provisions respecting forest fire and hazardous fuel reduction.
Provides for worker retraining of eligible persons whose jobs have been lost due to terminated timber and logging contracts. Authorizes the Secretary of Labor to make training grants, including grants for job search and relocation.
Sets forth fund allocation provisions, including amounts for an Environmental Protection Agency investigation of non-wood paper and construction alternatives.
Amends the Secure Rural Schools and Community Self-Determination Act of 2000 to make permanent certain education, transportation, and public purpose payments to States and counties containing Federal land.
Authorizes a private right of action for violations of this Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3420 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3420
To save taxpayers money, reduce the deficit, cut corporate welfare,
protect communities from wildfires, encourage Federal land management
agency reform and accountability, and protect and restore America's
natural heritage by eliminating the fiscally wasteful and ecologically
destructive commercial logging program on Federal public lands,
restoring native biodiversity in our Federal public forests, and
facilitating the economic recovery and diversification of communities
affected by the Federal logging program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 25, 2005
Mr. Leach (for himself, Ms. Slaughter, Mr. Brown of Ohio, Mrs. Maloney,
Mr. Honda, Mr. McDermott, Mr. Lynch, Mr. Larson of Connecticut, Ms.
Jackson-Lee of Texas, Ms. Woolsey, Mr. Weiner, Mr. Hinchey, Ms. Eddie
Bernice Johnson of Texas, Mr. Olver, Mr. Rangel, Mr. Lantos, Mrs.
McCarthy, Mrs. Davis of California, Mr. Serrano, Mr. Sherman, Ms.
Schakowsky, Mr. Frank of Massachusetts, Mr. Grijalva, Mr. McGovern, Mr.
Moore of Kansas, Mr. McNulty, Mr. Berman, Ms. DeLauro, Mr. Shays, Mrs.
Capps, Mr. Pallone, Mr. Lewis of Georgia, Ms. Lee, Mr. Payne, Mr.
Nadler, Mrs. Napolitano, Mr. Owens, Mr. Conyers, Mrs. Tauscher, Mr.
Andrews, Mr. Filner, Mr. Gutierrez, Mr. Wynn, Mr. Holt, Mr. Neal of
Massachusetts, Ms. Baldwin, Mr. Meeks of New York, Mr. Ackerman, Mr.
Van Hollen, and Mr. Kucinich) introduced the following bill; which was
referred to the Committee on Resources, and in addition to the
Committees on Agriculture and Education and the Workforce, 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 save taxpayers money, reduce the deficit, cut corporate welfare,
protect communities from wildfires, encourage Federal land management
agency reform and accountability, and protect and restore America's
natural heritage by eliminating the fiscally wasteful and ecologically
destructive commercial logging program on Federal public lands,
restoring native biodiversity in our Federal public forests, and
facilitating the economic recovery and diversification of communities
affected by the Federal logging program.
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 ``National Forest
Protection and Restoration Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Prohibition on timber sales to protect Federal public lands.
Sec. 5. Effect of prohibition on existing timber sale contracts.
Sec. 6. Authorization of appropriations.
Sec. 7. Natural heritage restoration.
Sec. 8. Worker retraining.
Sec. 9. Allocation of funds.
Sec. 10. Continuation of payments for States and counties containing
Federal public lands under Public Law 106-
393.
Sec. 11. Enforcement by citizens.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Agencies.--The term ``agencies'' means the Forest
Service, the National Park Service, the Bureau of Land
Management, and the United States Fish and Wildlife Service.
(2) Commercial logging.--
(A) In general.--The term ``commercial logging''
means--
(i) the sale of timber;
(ii) the execution of a timber sale; or
(iii) any other transfer of timber or
biomass to an individual, company, corporation,
or other entity, which then offers the
transferred timber or biomass, or any product
produced from that timber or biomass, for sale
or uses the transferred timber or biomass for
other commercial purposes.
(B) Inclusions.--The term ``commercial logging''
includes a sale, execution, or other transfer specified
in subparagraph (A) regardless of--
(i) the stated reason for the sale,
execution, or transfer; or
(ii) whether the timber is standing,
fallen, living, or dead.
(3) Federal public lands.--The term ``Federal public
lands'' means--
(A) all lands in the United States included in the
National Forest System;
(B) all lands in the United States included in the
National Wildlife Refuge System;
(C) all lands in the United States included in the
National Park System; and
(D) all lands under the jurisdiction of the Bureau
of Land Management.
(4) Native biodiversity.--
(A) In general.--The term ``native biodiversity''
means--
(i) the full range of variety and
variability within and among living organisms;
and
(ii) the ecological complexes in which the
living organisms would have occurred in the
absence of significant human impact.
(B) Inclusions.--The term ``native biodiversity''
includes diversity--
(i) within a species (including genetic
diversity, species diversity, and age
diversity);
(ii) within a community of species;
(iii) between communities of species;
(iv) within a total area, such as a
watershed;
(v) along a vertical plane from ground to
sky, including application of the plane to all
the other types of diversity; and
(vi) along the horizontal plane of the
earth-surface, including application of the
plane to all the other types of diversity.
(C) Exclusions.--The term ``native biodiversity''
excludes genetically modified or engineered organisms.
(5) Late-successional/old growth forest.--The term ``late-
successional/old growth forest'' refers to any stand of forest
within the boundaries of a timber sale that may contain trees
that exceed 80 years in age.
(6) Roadless area.--The term ``roadless area'' means each
of the following:
(A) Any inventoried roadless area.
(B) Any area of at least 1,000 contiguous acres
meeting Forest Service road density guidelines.
(C) Any area of less than 1,000 contiguous acres
meeting Forest Service road density guidelines, if the
area is adjacent to a unit of the National Wilderness
Preservation System, a unit of the National Park
System, an inventories roadless area, or a designated
Wilderness Study Area.
(7) Timber sale.--
(A) In general.--The term ``timber sale'' means--
(i) the sale of timber;
(ii) the offering of timber for sale or
consideration; or
(iii) any other transfer of timber or
biomass to an individual, company, corporation,
or other entity, which then offers the
transferred timber or biomass, or any product
produced from that timber or biomass, for sale
or uses the transferred timber or biomass for
other commercial purposes.
(B) Inclusions.--The term ``timber sale'' includes
a sale, offer, or other transfer specified in
subparagraph (A) regardless of--
(i) the stated reason for the sale, offer,
or transfer; or
(ii) whether the timber is standing,
fallen, living, or dead.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Polls conducted by the Forest Service show that a
strong majority of the American people think that natural
resources on Federal public lands should not be made available
to produce consumer goods.
(2) The 1995 Forest Service draft report entitled ``Forest
Service Program for Forest and Rangeland Resources: A Long-Term
Strategic Plan'' shows that recreation and tourism in the
National Forest System creates over 30 times more jobs, and
generates over 30 times more income, than commercial logging on
national forests.
(3) According to Forest Service figures, timber cut from
Federal public lands comprises less than five percent of the
annual timber consumption of the United States.
(4) The vast majority of America's original pristine
forests have been logged, and what little primary forest that
remains exists almost entirely on public lands.
(5) The ecological crisis resulting from this severe
habitat loss and fragmentation of American forests requires
bold action to protect this Nation's natural heritage so that
pristine forests may remain pristine, and damaged forests may
have an opportunity to recover.
(6) It is in the interests of the American people and the
international community to protect and restore native
biodiversity in our Federal public lands for its inherent
benefits, the resulting economic benefits, and for the
protection of this natural heritage for current and future
generations.
(7) The 1995 report of the Comptroller General regarding
distribution of Forest Service timber sales receipts (GAO/RCED-
95-237FS) and the 1998 follow-up report (GAO/RCED-99-24) reveal
that, of the hundreds of millions of dollars of taxpayer money
that is annually expended on the Forest Service timber sales
program, only a small fraction finds its way back to the
Federal Treasury, resulting in an enormous net loss to
taxpayers.
(8) In September 2001, the General Accounting Office stated
that it was `impractical, if not impossible, for us or anyone
to accurately determine the Forest Service's timber sales
program cost.'' (GAO-01-1101R Forest Service Timber Costs), and
this lack of accurate accounting results in waste and abuse of
taxpayer funds and natural resources.
(9) Forests absorb rainfall, retard stream runoff, reduce
floods, increase slope stability, and retain topsoil, and
retard soil erosion and siltation in streams, irrigation
ditches, and reservoirs.
(10) Commercial logging has many indirect costs which are
very significant, but not easily measured, such as flooding
damage and relief of flooding damage through Federal funds,
damage to the salmon fishing industry; and harm to the
recreation and tourism industries.
(11) A congressionally commissioned scientific study of the
Sierra Nevada forests found that more than any other human
activity, commercial logging has increased the risk and
severity of fires by removing the cooling shade of trees and
leaving flammable debris (see Sierra Nevada Ecosystem Project
Final Report to Congress, Vol. 1, Assessment Summaries and
Management Strategies, 1996).
(12) Forest Service studies have confirmed the finding that
logging, including both thinning and clearcutting, increases
fire severity (United States Forest Service, Historical and
Current Forest Landscapes in Eastern Oregon and Washington,
Part II: Linking Vegetation Characteristics to Potential Fire
Behavior and Related Smoke Production, PNW-GTR-355, p. 22
(1995); United States Forest Service, Integrated Scientific
Assessment for Ecosystem Management in Interior Columbia Basin,
PNW-GTR-382, p. 61 (1996)).
(13) The Forest Service's chief fire specialist has stated
that the material that needs to be reduced to prevent
unnaturally severe forest fires is underbrush that is less than
two or three inches in diameter, not mature trees (Washington
Journal, C-SPAN, Aug. 10, 2000).
(14) The Forest Service's own fire research station found
that the only effective way to protect homes in the urban/
wildland interface from forest fires is to reduce the
flammability of the home itself and its immediate surroundings
within 40 meters, not engage in logging activities on Federal
public lands (Jack Cohen, Reducing the Wildland Fire Threat to
Homes: where and how much?, United States Forest Service, Fire
Sciences Laboratory, Rocky Mountain Research Station, Missoula,
Montana, report presented at the Fire Economics, Policy and
Planning: Bottom Line Symposium, April 5-9, 1999, San Diego,
California).
(15) It is in the interests of the American people to
protect watersheds on Federal public lands in order to prevent
potentially damaging and deadly floods.
SEC. 4. PROHIBITION ON TIMBER SALES TO PROTECT FEDERAL PUBLIC LANDS.
(a) Prohibition on New Timber Sales.--Notwithstanding any other
provision of law, effective as of the date of the enactment of this
Act, no timber sales shall be prepared, advertised, offered, or awarded
on Federal public lands and, except as provided in section 5, no
commercial logging shall occur on Federal public lands.
(b) Exceptions.--The use of forest materials for noncommercial use,
including personal-use permits under the personal use component of the
forest management program of the Forest Service or an equivalent
program of the Bureau of Land Management, the National Park Service, or
the United States Fish and Wildlife Service, to the extent allowed
under existing law, is not prohibited by subsection (a), but any such
use of forest materials for noncommercial use must be consistent with
section 7, including subsection (k) of such section.
(c) Native American Tribes.--Nothing contained in this Act shall be
construed to modify, amend, or breach any treaty in existence on the
date of enactment of this Act with any Native American tribe.
SEC. 5. EFFECT OF PROHIBITION ON EXISTING TIMBER SALE CONTRACTS.
(a) Remaining Salvage Rider Sales.--Notwithstanding any outstanding
judicial order or administrative proceeding interpreting section 2001
of Public Law 104-19 (109 Stat. 240; 16 U.S.C. 1611 note), the
Secretary of Agriculture and the Secretary of the Interior shall
immediately suspend each timber sale or activity that was being
undertaken in whole or in part under the authority provided in such
section.
(b) Roadless Areas and Late-Successional/Old Growth Forests.--
Notwithstanding any other provision of law, the Secretary of
Agriculture and the Secretary of the Interior shall immediately suspend
each timber sale in any roadless area or late-successional/old growth
forest on Federal public lands.
(c) Phase-Out Period Authorized.--There shall be a 2-year period to
phase out those timber sale contracts in existence as of the date of
the enactment of this Act. The phase-out period shall begin on the date
of the enactment of this Act. Any remaining timber sales on Federal
public lands shall be automatically suspended upon the expiration of
the phase-out period. Notwithstanding any other provision of law, no
commercial logging shall occur anywhere on Federal public lands after
the end of the phase-out period.
(d) Early Termination.--For all timber sales suspended under
subsection (a), subsection (b), and subsection (c) of this subsection,
the Secretary concerned shall--
(1) exercise any provision of the original contract that
authorizes termination and payment of specified damages; or
(2) terminate the contract to avoid adverse effects on the
environment or natural resources.
(e) Payment for Timber Sale Contracts Relinquished.--Any claim,
whether as a result of a judgment or an agreement against the Federal
Government, arising from termination of any timber sale contract under
subsection (d) of this subsection, may be--
(1) paid from funds made available under section 1304 of
title 31, United States Code, and shall not require
reimbursement under section 13(c) of the Contract Disputes Act
of 1978 (41 U.S.C. 612(c));
(2) offset by forgiveness of a Federal Government loan or
loan guarantee;
(3) paid through funds appropriated for the purpose; or
(4) paid through the transfer of funds from Forest Service
or Bureau of Land Management accounts for forest management,
road construction, or general administration for such purposes.
(f) Disputes.--Any claim by a purchaser against the Federal
Government relating to a contract terminated under this section shall
be subject to the Contract Disputes Act of 1978 (41 U.S.C. 601 et
seq.).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Calculation of Taxpayer Losses From Logging.--The Secretary of
Agriculture, in consultation with the Secretary of the Interior, shall
determine the average amount of Federal funds appropriated annually
from the General Fund of the Treasury over the five fiscal years
immediately preceding the date of the enactment of this Act for
commercial logging and commercial logging-related activities on Federal
public lands. In making this determination, the Secretary shall include
amounts expended for the following, using estimates when necessary:
(1) Timber sales management.
(2) Forest-land vegetation management.
(3) Land management planning, inventory, and monitoring
related to commercial logging.
(4) Research related to commercial logging.
(5) The portion of the forest roads and road maintenance
program related to commercial logging.
(6) General administration expenses related to commercial
logging.
(7) Landline location related to commercial logging.
(8) Law enforcement related to commercial logging.
(9) The portion of the forest fire fighting and prevention
program related to commercial logging.
(10) The portion of any other activities related to
commercial logging.
(b) Authorization.--There are authorized to be appropriated such
sums as may be necessary to carry out this Act in the fiscal years
beginning after the date of the enactment of this Act, but not to
exceed for any fiscal year two-thirds of the amount calculated in
subsection (a) as the taxpayer losses from logging.
(c) Administrative Expenses.--Not more than ten percent of the
funds appropriated or allocated to carry out sections 7 and 8 may be
reserved for the administration of activities authorized under those
sections.
SEC. 7. NATURAL HERITAGE RESTORATION.
(a) General Requirement.--Notwithstanding any other provision of
law, agency projects or programs to restore biological diversity and
ecological processes on Federal public lands shall be carried out in a
manner consistent with this section and shall be integrated into the
program established by this section.
(b) Purposes and Basic Management Requirements.--
(1) General purposes.--The purpose of this section is to
protect and restore the natural heritage of the Federal public
lands through the restoration of native biodiversity and
natural ecological complexes and processes. In most
circumstances, natural processes will heal damaged areas
without assistance, but, in many circumstances, where extensive
damage from logging and road-building is evident, it is
necessary to take immediate action to stop soil erosion and
pervasive resource damage. The primary emphasis of this section
is to change circumstances that effectively act as barriers to
natural restoration processes. This section does not envision
the broad application of largely experimental techniques or
tactics for which there is no solid scientific support or
concrete evidence of effectiveness.
(2) Guiding principle.--It is also the purpose of this
section to provide guidance and limitations for the protection
and restoration of native biological diversity. The inherent
guiding principle or basic approach that managers shall use to
implement the ecological restoration provisions of this section
is to ``do no harm'' to ecosystems when implementing active
management projects and programs.
(3) Precautionary approach.--Scientific uncertainty about
complex ecosystems requires a precautionary approach to active
management. Therefore, proposed projects that are intended to
restore ecological processes must have short- and long-term
benefits that significantly outweigh any short- or long-term
risks.
(4) Emphasis of ecological restoration projects.--In most
cases, ecosystems are inherently resilient if left to function
without interference from man, but in some cases action is
necessary to stop immediate resource damage. Therefore,
ecological restoration projects shall emphasize the removal of
barriers that prevent ecosystems from restoring themselves.
Some examples of such barriers are roads, erosion, landslides,
nonnative invasive species, fire suppression, certain types of
hazardous fuels, dams or man-made barriers in streams, and
other significant man-made damage and developments that
interfere with natural ecological processes.
(5) Requierd evaluation.--In other cases ecosystems require
the reintroduction of native species that once contributed to
natural ecological processes. Therefore, each ecological
restoration project shall include an evaluation of which native
species may be missing from the ecosystem and shall ensure the
presence of adequate habitat and forage or prey for the native
species, to be followed by a scheduled reintroduction of the
native species in coordination with State natural heritage and
wildlife agencies and the United States Fish and Wildlife
Service.
(c) Natural Heritage Restoration Corps.--
(1) Establishment.--The Secretary of the Interior and the
Secretary of Agriculture shall each establish a special unit
(to be known as the ``Natural Heritage Restoration Corps'') for
the purposes of--
(A) conducting ecological restoration of native
biodiversity in areas of Federal public lands where the
integrity of natural ecosystems has been degraded;
(B) assisting in the monitoring of forest
resources, including effectiveness monitoring of
ecological restoration projects; and
(C) in cooperation with each agency's law
enforcement programs, monitoring and protecting public
resources from various illegal activities, including
timber theft and poaching.
(2) Use of personnel from existing programs.--The Natural
Heritage Restoration Corps may be created using personnel in
existing programs in the agencies.
(3) Other personnel and equipment.--In addition to the
personnel selected under paragraph (2), the Natural Heritage
Restoration Corps may hire other personnel, which may include
private contractors, and purchase or lease the necessary
equipment to implement the Natural Heritage Restoration Plans
to achieve the goals and objectives as set forth by the
Secretary of Agriculture and the Secretary of the Interior
under this section. There shall be a hiring preference for
dislocated workers who have been terminated or laid off, or
have received a notice of termination or lay off, as a
consequence of the enactment of this Act.
(4) Training.--Personnel of the Natural Heritage
Restoration Corps shall be properly trained so that they are
able to carry out the activities specified in paragraph (1)
consistent with this section.
(d) Natural Heritage Restoration Planning.--
(1) National forest system lands.--For lands in the
National Forest System, the Secretary of Agriculture shall
develop Natural Heritage Restoration Plans at the regional
level to carry out an ecological restoration program in each
region consistent with this section and incorporating the
standards, guidelines, and procedures developed in subsection
(e). Such Plans shall be completed no later than 18 months
after the date of enactment of this Act and shall be revised at
least every 10 years.
(2) BLM, national wildlife refuge, and national park
lands.--For lands under the jurisdiction of the Bureau of Land
Management, and, as necessary for National Wildlife Refuges and
units of the National Park System, the Secretary of the
Interior shall develop Natural Heritage Restoration Plans at
the regional level to carry out an ecological restoration
program in each region consistent with this section and
incorporating the standards, guidelines, and procedures
developed in subsection (e). Such Plans shall be completed no
later than 18 months after the date of enactment of this Act
and shall be revised at least every 10 years.
(3) Monitoring.--The Secretary of the Interior and the
Secretary of Agriculture shall include in the Natural Heritage
Restoration Plans--
(A) monitoring provisions to ensure the
effectiveness of each ecological restoration project;
and
(B) provisions to gauge each Plan's progress in
achieving any restoration goals and objectives that are
developed in accordance with subsection (g).
(4) Follow-up evaluations and corrections.--The Secretary
of Interior and the Secretary of Agriculture shall provide for
appropriate follow-up evaluations and actions to ensure the
long-term success of ecological restoration projects. The
failure of any restoration project shall be evaluated and
reported to the appropriate Secretary, who shall take prompt
action to provide new solutions to correct the failed
restoration projects.
(e) Developing Standards, Guidelines, and Procedures for
Restoration.--
(1) Responsibilities of the secretaries.--(A) The Secretary
of Agriculture and Secretary of the Interior shall develop
regional standards, guidelines, and procedures for restoration,
consistent with this section, as soon as practicable after the
date of the enactment of this Act, and shall incorporate these
regional standards, guidelines, and procedures, as well as
regional Natural Heritage Restoration Plans, into land
management plans for each unit of Federal public lands in
accordance with existing land management planning regulations,
by no later than two years after the date of enactment of this
Act.
(B) The Secretaries shall report to the Congress on the
progress of implementing this section in the annual report
required by section 8(c) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1606(c)) and section
311 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1741).
(2) Committee of scientists.--(A) In carrying out the
purposes of this subsection, the Secretary of the Interior, in
consultation with the Secretary of Agriculture, shall appoint a
committee of scientists, for each of the various administrative
regions in the United States who are not officers or employees
of the Forest Service, the Bureau of Land Management, or the
timber industry, and who are not contractors for the timber
industry.
(B) The committee shall provide scientific and technical
advice and counsel on the proposed standards, guidelines, and
procedures of this subsection to assure that an effective
interdisciplinary approach is proposed and adopted for the
development of Natural Heritage Restoration Plans in each
region.
(C) The committee shall terminate upon promulgation of the
standards, guidelines, and procedures, but the Secretary shall
appoint similar committees, at least every 10 years, to
consider revisions of regional standards, guidelines, and
procedures based on new scientific information and the
knowledge gained from implementing ecological restoration
projects. Standards, guidelines, and procedures for developing
Natural Heritage Restoration Plans or their revisions for each
region shall be completed no later than one year after the date
of the enactment of this Act or the initiation of the revision
process. The views of the committees shall be included in the
public information supplied when the standards and guidelines
are proposed for adoption.
(3) Clerical and technical assistance.--Clerical and
technical assistance, as may be necessary to discharge the
duties of the committee of scientists established under
paragraph (2), shall be provided from the personnel of the
Department of Agriculture or the Department of Interior, as
appropriate.
(4) Compensation.--While attending meetings of the
committee, the members shall be entitled to receive
compensation at a rate of $200 per diem, including travel time,
and while away from their homes or regular places of business
they may be allowed travel expenses, including per diem in lieu
of subsistence, as authorized by section 5703 of title 5,
United States Code, for persons in the Government service
employed intermittently.
(5) Regional boundaries.--The Secretary of the Interior, in
consultation with the Secretary of Agriculture, shall determine
each region's boundaries for which the standards, guidelines,
and procedures are to be developed under this subsection.
(f) Interim Needs for Restoration.--During the interim period while
regional standards, guidelines, and procedures, as well as regional
Natural Heritage Restoration Plans, are being developed and
incorporated into land management plans, the Secretary of Agriculture
and Secretary of the Interior shall identify interim needs for
ecological restoration and shall take prompt action to begin this
restoration work with available personnel. Interim needs for
restoration under this section shall be limited to the following:
(1) Prescribed or managed fire or manual pre-treatments to
reduce severe fire incidence and hazardous fuels pursuant to
subsection (j).
(2) Stabilization of slopes and soils so as to prevent or
reduce further erosion and land sliding.
(3) Decommissioning and obliteration of roads.
(4) Removal of nonnative invasive species.
(5) Removal of manmade developments that interfere with
natural ecological processes.
(g) Restoration Goals and Objectives.--Within two years after the
date of the enactment of this Act, the Secretary of Agriculture and the
Secretary of the Interior shall develop specific restoration goals and
objectives for each unit of Federal public lands, and shall, within the
same time period, develop a specific schedule to accomplish those goals
and objectives with any funds made available to the Secretaries,
including those funds authorized to be appropriated in section 6.
(h) Public Participation.--Any program or project provided in this
section shall be carried out in compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and its
implementing regulations, and any other public involvement processes
provided by law, regulation, or agency policy.
(i) Prohibitions.--Road construction or re-construction shall be
prohibited when conducting projects or programs provided by this
section. This prohibition includes any projects to reduce the incidence
of severe fire and hazardous fuels pursuant to subsection (j).
(j) Special Provisions for Reducing the Incidence of Severe Fire
and Hazardous Fuels.--
(1) Prescribed or managed fires.--The use of prescribed or
managed fires--
(A) shall be the primary tool for reducing severe
fire incidence and hazardous fuels;
(B) shall only be prescribed in areas that have
been scientifically identified as fire-adapted
ecosystems;
(C) shall be carried out in a manner designed to
maintain habitat quality for any proposed, threatened,
endangered, or sensitive species, or their prey; and
(D) shall be carried out during a time of year and
with a frequency that is most ecologically appropriate,
while also minimizing adverse effects on air quality.
(2) Requirements regarding manual pre-treatments.--Manual
pre-treatments to reduce severe fire incidence and hazardous
fuels--
(A) shall include use of prescribed or managed
fire, where appropriate, as the primary treatment of
the project in accordance with paragraph (1);
(B) may only be implemented in areas which have a
moderate to high risk of severe fire incidence;
(C) shall be prioritized for urban-wildland
interface areas;
(D) shall not reduce the overstory canopy component
of the pre-treatment area;
(E) shall maintain habitat quality for any
proposed, threatened, endangered, or sensitive species,
or their prey;
(F) may remove hazardous fuels to minimize
occurrences of prescribed fires reaching the forest
canopy; and
(G) shall only be prescribed in areas that have
been scientifically identified as fire-adapted
ecosystems.
(3) Application to other projects.--Notwithstanding any
other provision of law, any treatments or manual pre-treatments
to reduce severe fire incidence and hazardous fuels as part of
any agency projects or programs to reduce the incidence of
severe fire and hazardous fuels on Federal public lands shall
be performed in a manner consistent with this subsection, this
section, and section 4.
(k) Uses of Forest Materials That Result From Ecological
Restoration or Pre-Treatments to Reduce Severe Fire Incidence and
Hazardous Fuels.--A hierarchy of use of forest materials that result
from manual pre-treatments in fire-adapted ecosystems or ecological
restoration (such as saplings, bushes, fine surface fuels, and
materials from plantations that are being restored back to native
forests) is established in the following order:
(1) Forest materials shall be--
(A) left as biomass on the forest floor, lopped,
scattered, masticated, or piled and burned (or a
combination of such treatments), as appropriate; or
(B) left as species habitat in the form of downed
woody debris in the project area.
(2) If removal of forest material is necessary for
ecological restoration or because the area is pre-treated in
accordance with subsection (j), that material shall be used for
recreation or maintenance projects in the same unit of Federal
public land, such as trails, bridges or facilities, or for
restoration projects such as woody debris in streams, woody
debris to provide species habitat, or for biomass to build soil
in other areas of the same unit of Federal public land.
(3) Any excess material not used as described in paragraph
(2) may only be used for public purposes, and not for private
or public commercial gain. This material may be provided for
personal noncommercial uses, such as firewood or other
subsistence uses, or for other public noncommercial purposes.
Other public purposes may include, but are not limited to, the
processing of these forest materials for uses such as fuel for
low-income households, or, in limited circumstances, timber for
low-income housing provided by a not for profit venture
registered by the Department of Housing and Urban Development.
(l) Relation to Other Requirements.--Any activities undertaken
pursuant to subsection (k) or the rest of this section must be
undertaken in strict compliance with section 4.
SEC. 8. WORKER RETRAINING.
(a) Eligible Individual Defined.--For the purposes of this section,
the term ``eligible individual'' means an individual who--
(1) is a dislocated worker, as that term is defined in
section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801); and
(2) has been terminated or laid off, or has received a
notice of termination or lay off, as a consequence of the
enactment of this Act, or as a consequence of management
decisions on Federal public lands prior to the enactment of
this Act.
(b) Determinations of Eligibility.--The determination of whether an
individual is an eligible individual shall be made by the Secretary of
Labor, pursuant to criteria established by the Secretary of Labor, in
consultation with the Secretaries of Agriculture and the Interior.
(c) Grants Authorized.--The Secretary of Labor may make grants to
States, employers, employer associations, and representatives of
employees--
(1) to provide training, adjustment assistance, and
employment services to eligible individuals; and
(2) to make needs-related payments to eligible individuals
in accordance with subsection (h).
(d) Priority and Approval.--
(1) Priority.--In reviewing applications for grants under
subsection (c), the Secretary of Labor shall give priority to
applications proposing to provide training, adjustment
assistance, and services in areas which have the greatest
number or percentage of eligible individuals.
(2) Needs-related payments required.--The Secretary of
Labor shall not approve an application for a grant under
subsection (c) unless the application contains assurances that
the applicant will use grant funds to provide needs-related
payments in accordance with subsection (h).
(e) Use of Funds.--Subject to the requirements of subsections (f),
(g), and (h), grants under subsection (c) may be used for any purpose
for which funds may be used under section 134 of the Workforce
Investment Act of 1998 (29 U.S.C. 2864).
(f) Job Search Allowance.--
(1) Allowance authorized.--Grants under subsection (c) for
adjustment assistance may be used to provide job search
allowances to eligible individuals. Such allowance, if granted,
shall provide reimbursement to the individual of not more than
90 percent of the cost of necessary job search expenses, as
prescribed by regulations of the Secretary of Labor, but may
not exceed $1,200 unless the need for a greater amount is
justified in the application and approved by the Secretary of
Labor.
(2) Criteria for granting job search allowances.--A job
search allowance may be granted only--
(A) to assist an eligible individual who has been
totally separated in securing a job within the United
States; and
(B) where the Secretary of Labor determines that
such employee cannot reasonably be expected to secure
suitable employment in the commuting area in which the
worker resides.
(g) Relocation Allowance.--
(1) Allowance authorized.--Grants under subsection (c) for
adjustment assistance may be used to provide relocation
allowances to eligible individuals. Such an allowance may only
be granted to assist an eligible individual in relocating
within the United States and only if the Secretary of Labor
determines that such employee--
(A) cannot reasonably be expected to secure
suitable employment in the commuting area in which the
employee resides;
(B) has obtained suitable employment affording a
reasonable expectation of long-term duration in the
area in which the employee wishes to relocate, or has
obtained a bona fide offer of such employment; and
(C) is totally separated from employment at the
time relocation commences.
(2) Amount of relocation allowance.--The amount of any
relocation allowance for any eligible individual may not exceed
the amount which is equal to the sum of--
(A) 90 percent of the reasonable and necessary
expenses, specified in regulations prescribed by the
Secretary, incurred in transporting an individual and
the individual's family, if any, and household effects;
and
(B) a lump sum equivalent to 3 times the employee's
average weekly wage, up to a maximum payment of $1,200,
unless the need for a greater amount is justified in
the application and approved by the Secretary of Labor.
(h) Needs-Related Payments.--The Secretary of Labor shall prescribe
regulations with respect to the use of funds from grants under
subsection (c) for needs-related payments in order to enable eligible
individuals to complete training or education programs under this
section. Such regulations shall--
(1) require that such payments shall be provided to an
eligible individual only if such individual--
(A) does not qualify or has ceased to qualify for
unemployment compensation;
(B) has been enrolled in training by the end of the
13th week of the individual's initial unemployment
compensation benefit period, or, if later, the end of
the 8th week after an individual is informed that a
short-term layoff will in fact exceed six months; and
(C) is participating in training or education
programs under this section, except that such
regulations shall protect an individual from being
disqualified pursuant to this clause for a failure to
participate that is not the fault of the individual;
(2) provide that to qualify for such payments the
individual currently receives, or is a member of a family which
currently receives, a total family income (exclusive of
unemployment compensation, child support payments, and welfare
payments) which, in relation to family size, is not in excess
of the lower living standard income level;
(3) provide that the levels of such payments shall be equal
to the higher of--
(A) the applicable level of unemployment
compensation; or
(B) the poverty level determined in accordance with
criteria established by the Director of the Office of
Management and Budget;
(4) provide for the adjustment of payments to reflect
changes in total family income; and
(5) provide that the grantee shall obtain information with
respect to such income, and changes therein, from the eligible
individual.
(i) Regulations.--The Secretary of Labor shall prescribe
regulations to carry out this section not later than 180 days after the
date of enactment of this Act.
SEC. 9. ALLOCATION OF FUNDS.
(a) Availability of Certain Accounts.--Notwithstanding any other
provision of law, from the date of the enactment of this Act through
the duration of the two-year phase-out period provided in section 5
plus two years thereafter, all funds in each of the following Forest
Service and Bureau of Land Management accounts, including any funds
deposited into these accounts during the two-year phase-out period,
shall be used only to carry out this Act:
(1) Timber salvage funds (including the Salvage Sale Fund
established under section 14(h) of the National Forest
Management Act of 1976 (16 U.S.C. 472a(h))).
(2) The fund established under section 3 of the Act of June
9, 1930 (commonly known as the Knutson-Vandenberg Act; 16
U.S.C. 576b).
(3) The fund containing moneys associated with the
Purchaser-Elect Roads Program under section 6 of Public Law 88-
657 (commonly known as the Forest Roads And Trails Act; 16
U.S.C. 537).
(b) Allocation of Timber Sales Revenues During Phase-Out Period.--
Notwithstanding any other provision of law, from the date of the
enactment of this Act through the duration of the two-year phase-out
period, all timber sale revenues from Federal public lands shall be
deposited in the fund established under section 3 of the Act of June 9,
1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b).
(c) Abolishment of Accounts.--Notwithstanding any other provision
of law, the funds referred to in subsection (a) shall be used to carry
out this section until no funds remain in such accounts, after which
these accounts shall be abolished.
(d) Worker Retraining.--Monies shall be distributed from the funds
referred to in subsection (a) to carry out section 8. Such
distributions shall be made in amounts up to $80,000,000 in the first
year of the phase-out period, and $80,000,000 and $120,000,000,
respectively, in the subsequent two years.
(e) Natural Heritage Restoration Planning.--From the funds referred
to in subsection (a), up to a sum of $100,000,000 shall be made
available to the Secretary of the Interior and the Secretary of
Agriculture to carry out subsections (d) and (e) of section 7 until
such time as the Natural Heritage Restoration Plans required by
subsection (d) of such section have been incorporated into the
management plans for each unit of Federal public lands.
(f) Alternatives to Wood.--From the funds referred to in subsection
(a), at least $1,000,000 and up to $3,000,000 shall be distributed to
the Environmental Protection Agency to fund an investigation into wood-
free alternative products for paper and construction. Within one year
after the date of the enactment of this Act, the Administrator of the
Environmental Protection Agency shall make recommendations for grants
to entities involved in the development and production of the most
environmentally sound nonwood alternatives for paper and construction
products, including entities involved in using agricultural residues to
produce paper. Up to $100,000,000 from the funds referred to in
subsection (a) shall be made available to the Environmental Protection
Agency for such grants, which shall be made within three years after
the date of the enactment of this Act.
(g) Public Education and Assistance to Reduce Structure
Flammability in Urban-Wildland Interface Areas.--From the funds
referred to in subsection (a), up to $15,000,000 shall be used annually
to educate owners of structures on non-Federal land adjacent to Federal
public lands about ways in which these structures can be protected from
forest fires by reducing the flammability of a structure and the area
within 40 meters of a structure. Both technical support and financial
assistance, in coordination or collaboration with existing State and
local programs, to the extent possible, shall be provided where, and to
the extent, appropriate.
(h) Allocation of Remaining Funds.--Any funds remaining in the
accounts referred to in subsection (a) in the fourth year after the
date of the enactment of this Act shall be deposited into the general
fund of the United States Treasury.
SEC. 10. CONTINUATION OF PAYMENTS FOR STATES AND COUNTIES CONTAINING
FEDERAL PUBLIC LANDS UNDER PUBLIC LAW 106-393.
(a) Continuation of Payments After Fiscal Year 2006.--The Secure
Rural Schools and Community Self-Determination Act of 2000 (Public Law
106-393; 16 U.S.C. 500 note) is amended--
(1) in section 101(a), by striking ``years 2001 through
2006,'' both places it appears and inserting ``year 2001 and
thereafter,'';
(2) in section 102(b)(2), by striking ``through fiscal year
2006''; and
(3) in section 103(b)(1), by striking ``through fiscal year
2006''.
(b) Termination of Requirement to Reserve Funds for Forest
Projects.--(1) Section 102(d) of such Act is amended by adding at the
end the following new paragraph:
``(4) Termination of allocation and election
requirements.--This subsection shall not apply in the case of
payments made under subsection (a) for fiscal year 2007 and
thereafter.''.
(2) Section 103(c) of such Act is amended by adding at the end the
following new paragraph:
``(4) Termination of allocation and election
requirements.--This subsection shall not apply in the case of
payments made under subsection (a) for fiscal year 2007 and
thereafter. The entire payment amount shall be expended as
required by the laws referred to in subsection (a)(1).''.
SEC. 11. ENFORCEMENT BY CITIZENS.
(a) Purpose and Finding.--The purpose of this section is to foster
the widest possible enforcement of this Act. Congress finds that all
people of the United States are injured by any action that violates the
provisions of this Act on all lands to which this Act applies.
(b) Citizen Suits Authorized.--Any person may commence a civil
action against any person, including the United States, who is alleged
to be in violation of this Act. The action shall be brought in the
district court for the district in which the alleged violation occurred
or the United States District Court for the District of Columbia. When
the United States is a defendant, venue may also be in the district
court for the district in which the office of any officer or employee
of the United States who is alleged to be involved in the violation is
located. The district court shall have jurisdiction without regard to
the amount in controversy or the citizenship of the parties.
(c) Relief.--If the court determines that a violation of this Act
has occurred, the court may issue an injunction and provide other
appropriate equitable relief as the court considers necessary. If the
plaintiff is the prevailing or substantially prevailing party, the
court may award to the plaintiff reasonable costs of the litigation,
including attorney fees, witness fees, and other necessary expenses.
When the United States is a defendant, any award of costs of litigation
against the United States shall be paid by the United States within 40
days after judgment.
(d) Standard of Proof.--The standard of proof in all actions
brought under this section shall be the preponderance of the evidence
and the trial shall be de novo.
(e) Waiver of Sovereign Immunity.--The United States, including its
agencies, agents, and employees, waives its sovereign immunity in all
respects in all actions under this section. No notice is required to
enforce this section.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Resources, and in addition to the Committees on Agriculture, and Education and the Workforce, 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 Committees on Agriculture, and Education and the Workforce, 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 Committees on Agriculture, and Education and the Workforce, 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 Committees on Agriculture, and Education and the Workforce, 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 Department Operations, Oversight, Nutrition and Forestry.
Referred to the Subcommittee on Forests and Forest Health.
Referred to the Subcommittee on National Parks.
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Referred to the Subcommittee on Fisheries and Oceans.
Referred to the Subcommittee on 21st Century Competitiveness.