H.R. 4200 — Forest Emergency Recovery and Research Act

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4200 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4200

    To improve the ability of the Secretary of Agriculture and the 
Secretary of the Interior to promptly implement recovery treatments in 
  response to catastrophic events affecting Federal lands under their 
 jurisdiction, including the removal of dead and damaged trees and the 
implementation of reforestation treatments, to support the recovery of 
non-Federal lands damaged by catastrophic events, to revitalize Forest 
         Service experimental forests, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 2, 2005

   Mr. Walden of Oregon (for himself, Mr. Baird, Mr. Gilchrest, Ms. 
   Herseth, Mr. Flake, Mr. Thompson of Mississippi, Mr. Peterson of 
 Pennsylvania, Mr. Boyd, Mr. Pickering, Mr. Oberstar, Mr. Shadegg, Mr. 
 Berry, Mr. Wicker, Mr. Lewis of California, Mr. Ross, Mr. Hastings of 
 Washington, Mr. Peterson of Minnesota, Mr. Goodlatte, Mr. Terry, Mr. 
Pombo, Mr. Jindal, Mrs. Drake, Mr. Otter, Mr. Norwood, Mr. Duncan, Mr. 
Rehberg, Mr. Hayworth, Mr. Rogers of Michigan, Mr. Pearce, Mr. Gibbons, 
    Mr. Deal of Georgia, Mrs. Cubin, Mr. Cannon, Mr. Brown of South 
Carolina, Miss McMorris, Mr. Taylor of North Carolina, Mr. Radanovich, 
Mr. Simpson, Mr. Renzi, Mr. Young of Alaska, Mr. McCrery, Mr. Gohmert, 
   Mr. Hayes, Mr. Herger, Mr. Hefley, Mr. Doolittle, Mr. Bonner, Mr. 
  Tancredo, Mr. Boehner, Mr. Brady of Texas, Mr. Bishop of Utah, Ms. 
 Foxx, Mr. Issa, Mr. Hunter, Mr. McKeon, Mr. Burgess, Mr. Calvert, Mr. 
 Alexander, Mr. Cole of Oklahoma, Mr. Bartlett of Maryland, Mr. Goode, 
 Mr. Gutknecht, Mr. Sherwood, Mr. Hoekstra, Mrs. Blackburn, Mr. Wilson 
  of South Carolina, Mr. Rohrabacher, Mr. Knollenberg, Mr. Nunes, Mr. 
Sessions, Mr. Gingrey, Mr. Barton of Texas, Ms. Granger, Mr. Reynolds, 
  Mr. Tiahrt, Mr. Blunt, Mr. Kingston, Mr. Cantor, Mr. Beauprez, Mr. 
  Whitfield, Mr. Everett, Mr. Platts, Mr. Boozman, Mrs. Musgrave, Mr. 
      Souder, Mr. Saxton, Mr. Putnam, Mr. Linder, Mr. English of 
 Pennsylvania, Mr. Thomas, Mr. Culberson, Mr. Bass, Mr. Jones of North 
 Carolina, Mr. Rogers of Kentucky, Mr. Barrett of South Carolina, Mr. 
 Davis of Kentucky, Mr. Wamp, Mr. Lewis of Kentucky, and Mr. Daniel E. 
    Lungren of California) introduced the following bill; which was 
    referred to the Committee on Resources, and in addition to the 
Committees on Agriculture and Transportation and Infrastructure, 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 improve the ability of the Secretary of Agriculture and the 
Secretary of the Interior to promptly implement recovery treatments in 
  response to catastrophic events affecting Federal lands under their 
 jurisdiction, including the removal of dead and damaged trees and the 
implementation of reforestation treatments, to support the recovery of 
non-Federal lands damaged by catastrophic events, to revitalize Forest 
         Service experimental forests, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as ``Forest Emergency 
Recovery and Research Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
       TITLE I--RESPONSE TO CATASTROPHIC EVENTS ON FEDERAL LANDS

Sec. 101. Development of research protocols and use in catastrophic 
                            event research projects.
Sec. 102. Catastrophic event recovery evaluations.
Sec. 103. Compliance with National Environmental Policy Act.
Sec. 104. Availability and use of pre-approved management practices.
Sec. 105. Availability and use of alternative arrangements.
Sec. 106. Administrative and judicial review.
Sec. 107. Guidance regarding reforestation in response to catastrophic 
                            events.
Sec. 108. Effect of title.
TITLE II--RESTORING LANDSCAPES AND COMMUNITIES IMPACTED BY CATASTROPHIC 
                                 EVENTS

        Subtitle A--Cooperative Forestry Assistance Act of 1978

Sec. 201. Assistance under Cooperative Forestry Assistance Act of 1978 
                            to restore landscapes and communities 
                            affected by catastrophic events.
           Subtitle B--Department of the Interior Assistance

Sec. 211. Restoring landscapes.
Sec. 212. Restoring communities.
                    TITLE III--EXPERIMENTAL FORESTS

Sec. 301. Findings.
Sec. 302. Availability and use of pre-approved management practices on 
                            National Forest experimental forests.
Sec. 303. Availability and use of alternative arrangements for projects 
                            on National Forest experimental forests.
                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Regulations.
Sec. 402. Funding sources.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The number and severity of catastrophic events causing 
        resource damage to Federal land has significantly increased 
        over the last 20 years, and such catastrophic events also 
        create serious adverse environmental, social, and economic 
        consequences for Federal land and adjacent non-Federal land and 
        communities.
            (2) Catastrophic events often devastate forest or rangeland 
        ecosystems and eliminate sources of seed for desired tree and 
        plant species, which--
                    (A) delays or even precludes the reestablishment of 
                appropriate forest or plant cover on millions of acres 
                of Federal land;
                    (B) increases the susceptibility of the damaged 
                land to wildfire and noxious or harmful species and 
                reduces the economic value of the damaged land's 
                resources;
                    (C) increases the susceptibility of adjacent 
                undamaged land to insect infestations, disease, and 
                noxious weeds;
                    (D) pollutes municipal water supplies and damages 
                water delivery infrastructure;
                    (E) exacerbates sediment production that adversely 
                impacts native fish habitat and soil productivity;
                    (F) results in unsafe campgrounds, trails, roads, 
                and other infrastructure; and
                    (G) adversely impacts the sustainability of 
                ecosystems and the well-being of adjacent communities.
            (3) Program authorities and funding mechanisms currently 
        available to the Secretary of Agriculture and the Secretary of 
        the Interior to respond to catastrophic events on forested 
        Federal land do not provide for consistent and timely response 
        activities.
            (4) Alternative arrangements approved by the Council on 
        Environmental Quality have been used on an inconsistent basis 
        to respond to catastrophic events on forested Federal land, 
        but, when used in the past, such alternative arrangements have 
        encouraged expedited and successful recovery outcomes.
            (5) A prompt and standardized management response to a 
        catastrophic event, which is also adaptive to the unique 
        characteristics of each catastrophic event, is needed--
                    (A) to effectively recover the area damaged by the 
                catastrophic event,
                    (B) to minimize the impact on the resources of the 
                area and adjacent communities adversely affected by the 
                catastrophic event; and
                    (C) to recover damaged, but still merchantable, 
                material before it losses economic value.
            (6) Reforestation treatments on forested Federal land after 
        a catastrophic event helps to restore appropriate forest cover, 
        which provides multiple renewable resource benefits, 
        including--
                    (A) protecting soil and water resources;
                    (B) providing habitat for wildlife and fish;
                    (C) contributing to aesthetics and enhancing the 
                recreational experience for visitors;
                    (D) providing a future source of timber for 
                domestic use; and
                    (E) ensuring the health and resiliency of affected 
                ecosystems for present and future generations.
            (7) According to the Comptroller General, the reforestation 
        backlog for Federal land has increased since 2000 as a result 
        of natural disturbances, such as wildland fires, insect 
        infestations, and diseases.
            (8) Additional scientific and monitoring information is 
        needed regarding the effectiveness of recovery treatments to 
        improve subsequent recovery proposals in response to future 
        catastrophic events.
            (9) State, tribal, and local governments, local 
        communities, and other entities play a critical role in 
        restoring landscapes damaged by a catastrophic event and in 
        reducing the risks associated with the catastrophic event.
            (10) Greater resources and adaptive arrangements must be 
        made available to land managers to facilitate the prompt 
        implementation of recovery treatments, including reforestation, 
        following catastrophic events.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Burned area emergency response.--The term ``burned area 
        emergency response'' means the process used by the Secretary 
        concerned to plan and implement emergency stabilization actions 
        on Federal land in response to a catastrophic event in order to 
        minimize threats to life or property or to stabilize and 
        prevent unacceptable degradation to natural and cultural 
        resources resulting from the effects of the catastrophic event.
            (2) Catastrophic event.--The term ``catastrophic event'' 
        means any natural disaster or any fire, flood, or explosion, 
        regardless of cause, that the Secretary determines has caused 
        or will cause damage of significant severity and magnitude to 
        Federal land or, in the case of title II, non-Federal land. A 
        natural disaster may include a hurricane, tornado, windstorm, 
        snow or ice storm, rain storm, high water, wind-driven water, 
        tidal wave, earthquake, volcanic eruption, landslide, mudslide, 
        drought, or insect or disease outbreak.
            (3) Catastrophic event recovery.--The term ``catastrophic 
        event recovery'', with respect to an area of Federal land 
        damaged by a catastrophic event, means--
                    (A) if the catastrophic event involved fire, the 
                rehabilitation and restoration activities (other than 
                any emergency stabilization treatments undertaken as 
                part of the burned area emergency response) that are 
                undertaken on the damaged Federal land, including any 
                infrastructure or facilities thereon, in response to 
                the catastrophic event;
                    (B) if the catastrophic event did not involve fire, 
                the emergency stabilization and rehabilitation and 
                restoration activities that are undertaken on the 
                damaged Federal land, including infrastructure or 
                facilities thereon, in response to the catastrophic 
                event; or
                    (C) the reforestation or revegetation of the 
                damaged Federal land in response to the catastrophic 
                event using, to the extent practicable and preferable, 
                native or beneficial plants to avoid creation of 
                plantation forests and the recovery of trees on the 
                damaged Federal land through the use of timber 
                harvesting in a manner consistent with the applicable 
                land and resource management plan.
            (4) Catastrophic event recovery evaluation.--The term 
        ``catastrophic event recovery evaluation'', with respect to an 
        area of Federal land damaged by a catastrophic event, means an 
        evaluation of the damaged Federal land that is conducted in 
        accordance with section 102 for the purpose of developing the 
        catastrophic event recovery proposal for the area.
            (5) Catastrophic event recovery proposal.--The term 
        ``catastrophic event recovery proposal'' means the list and 
        brief description of catastrophic event recovery projects, 
        catastrophic event research projects, and pre-approved 
        management practices that are--
                    (A) prepared or identified as part of the 
                catastrophic event recovery evaluation of an area of 
                Federal land damaged by a catastrophic event; and
                    (B) proposed to be undertaken to facilitate the 
                catastrophic event recovery of the area or evaluate the 
                effects and effectiveness of such recovery efforts.
            (6) Catastrophic event recovery project.--The term 
        ``catastrophic event recovery project'' means an individual 
        activity or a series of activities identified in a catastrophic 
        event recovery proposal for an area of Federal land damaged by 
        a catastrophic event and proposed to be undertaken in response 
        to the catastrophic event to promote catastrophic event 
        recovery.
            (7) Catastrophic event research project.--The term 
        ``catastrophic event research project'' means a scientifically 
        designed study of the effects and effectiveness of--
                    (A) any catastrophic event recovery projects 
                undertaken in an area of land damaged by a catastrophic 
                event; and
                    (B) any emergency stabilization treatments 
                undertaken as part of a burned area emergency response 
                in the area of land damaged by a catastrophic event.
            (8) Community wildfire protection plan.--The term 
        ``community wildfire protection plan'' has the meaning given 
        that term in section 101(3) of the Healthy Forest Restoration 
        Act of 2003 (16 U.S.C. 6511(3)).
            (9) Eligible entity.--The term ``eligible entity'', for 
        purposes of providing assistance under subtitle B of title II, 
        means a State Forester or equivalent State official, an Indian 
        tribe, local government, community-based organization, or other 
        person.
            (10) Federal land.--The term ``Federal land'' means land in 
        the National Forest System and lands managed by the Bureau of 
        Land Management, including lands held for the benefit of an 
        Indian tribe. The term does not include any land contained in a 
        component of the National Wilderness Preservation System or 
        designated as a national monument.
            (11) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (12) Land and resource management plan.--The term ``land 
        and resource management plan'' means--
                    (A) a land and resource management plan developed 
                for a unit of the National Forest System under section 
                6 of the Forest and Rangeland Renewable Resources 
                Planning Act of 1974 (16 U.S.C. 1604); or
                    (B) a land use plan developed for an area of the 
                public lands under section 202 of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1712).
            (13) Land-grant colleges and universities.--The term 
        ``land-grant colleges and universities'' has the meaning given 
        that term in section 1404(11) of the National Agricultural 
        Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 
        3103(11)).
            (14) Landscape assessment.--The term ``landscape 
        assessment'' means an assessment describing catastrophic event 
        conditions and recovery needs and opportunities on non-Federal 
        land affected by a catastrophic event and including a list of 
        proposed special recovery projects to address those needs and 
        opportunities.
            (15) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)).
            (16) Pre-approved management practice.--The term ``pre-
        approved management practice'' means a management practice 
        identified by the Secretary concerned under section 104(a) that 
        may be immediately implemented as part of a catastrophic event 
        recovery project or catastrophic event research project to 
        facilitate the catastrophic event recovery of an area of 
        Federal land damaged by a catastrophic event.
            (17) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior, with respect to 
                lands managed by the Bureau of Land Management, 
                including lands held for the benefit of an Indian 
                tribe.
            (18) Special recovery project.--The term ``special recovery 
        project'' means an individual activity or a series of 
        activities proposed to be undertaken to rehabilitate, repair, 
        and restore non-Federal land damaged by a catastrophic event, 
        community infrastructure and facilities on the land, and 
        economic, social, and cultural conditions affected by the 
        catastrophic event.

       TITLE I--RESPONSE TO CATASTROPHIC EVENTS ON FEDERAL LANDS

SEC. 101. DEVELOPMENT OF RESEARCH PROTOCOLS AND USE IN CATASTROPHIC 
              EVENT RESEARCH PROJECTS.

    (a) Development of Protocols; Purpose.--For the purpose of 
collecting and analyzing scientific information about the effectiveness 
and ecological impacts of catastrophic event recovery projects and 
emergency stabilization treatments undertaken as part of a burned area 
emergency response to increase the long-term benefits of management 
activities and to decrease short-term impacts, the Secretary concerned 
shall develop research protocols consisting of a research approach that 
is specifically designed to improve knowledge, understanding, and 
predictive capabilities, including an appropriate and scientifically 
sound experimental design or set of sampling procedures, and 
accompanying methods of data analysis and interpretation.
    (b) Peer Review Required.--The research protocols developed under 
subsection (a), and any subsequent modification thereof, shall be 
subject to independent peer review by scientific and land management 
experts.
    (c) Time for Completion; Modification.--The research protocols 
required by this section shall be submitted to Congress not later than 
180 days after the date of the enactment of this Act. The Secretary 
concerned may modify the research protocols, as the Secretary 
determines necessary, after their submission to Congress. The Secretary 
concerned shall notify Congress regarding any such modification.
    (d) Catastrophic Event Research Projects.--In accordance with the 
research protocols developed under this section, the Secretary 
concerned may conduct one or more catastrophic event research projects 
in an area of land damaged by a catastrophic event. The Secretary may 
develop a proposed catastrophic event research project as part of a 
catastrophic event recovery proposal or develop a catastrophic event 
research project independently of the catastrophic event recovery 
proposal during the catastrophic event recovery in response to changing 
conditions in the area damaged by the catastrophic event.
    (e) Public Access.--
            (1) Protocols.--The Secretary concerned shall make the 
        research protocols developed under subsection (a), including 
        any modification thereof, publicly available, in a form 
        determined to be appropriate by the Secretary.
            (2) Research results.--After completion of the independent 
        peer review required by subsection (b), the Secretary concerned 
        shall make the results of catastrophic event research projects 
        publicly available, in a form determined to be appropriate by 
        the Secretary.
    (f) Forest Health Partnerships.--In developing and using the 
research protocols required by this section, the Secretary concerned 
shall enter into cooperative agreements with land-grant colleges and 
universities to form forest health partnerships, including regional 
institutes, to utilize the education, research, and outreach capacity 
of land-grant colleges and universities to address the recovery of 
forested land after a catastrophic event. A forest health partnership 
may be aligned with the current network of Cooperative Ecosystem 
Studies Units.

SEC. 102. CATASTROPHIC EVENT RECOVERY EVALUATIONS.

    (a) Commencement.--
            (1) Evaluation required.--In response to a catastrophic 
        event affecting 1,000 or more acres of Federal land, the 
        Secretary concerned shall conduct a catastrophic event recovery 
        evaluation of the damaged Federal land.
            (2) Evaluation authorized.--If a catastrophic event affects 
        more than 250 acres of Federal land, but less than 1,000 acres, 
        the Secretary concerned is authorized, but not required, to 
        conduct a catastrophic event recovery evaluation of the damaged 
        Federal land.
    (b) Completion.--When a catastrophic event recovery evaluation is 
required to be conducted under subsection (a), the Secretary concerned 
shall commence and complete the catastrophic event recovery evaluation 
not later than 30 days after the conclusion of the catastrophic event 
in order to facilitate prompt--
            (1) decision-making with regard to the catastrophic event 
        recovery of the Federal land damaged by the catastrophic event; 
        and
            (2) implementation of catastrophic event recovery projects 
        on the damaged Federal land.
    (c) Elements of Catastrophic Event Evaluation.--In conducting the 
catastrophic event recovery evaluation for an area of Federal land 
damaged by a catastrophic event, the Secretary concerned shall prepare 
the following:
            (1) A description of catastrophic event conditions on the 
        damaged Federal land, recovery needs and opportunities, and the 
        areas where management intervention would be helpful--
                    (A) to repair, maintain, or improve resource 
                values;
                    (B) to maintain infrastructure;
                    (C) to foster reforestation or other recovery of 
                the damaged Federal land; and
                    (D) to achieve the goals and objectives of the 
                applicable land and resource management plan.
            (2) A preliminary determination of any catastrophic event 
        research projects that best fit the circumstances of the 
        particular catastrophic event environment or would enhance 
        scientific understanding relevant to the damaged area.
            (3) A catastrophic event recovery proposal containing 
        possible catastrophic event recovery projects and catastrophic 
        event research projects for the damaged area and describing the 
        anticipated size and scope of these projects.
            (4) One or more maps detailing the area of damaged Federal 
        land and the location of catastrophic event recovery proposals.
            (5) A preliminary estimate of the funding that would be 
        needed to complete the catastrophic event recovery projects and 
        catastrophic event research projects contained in the 
        catastrophic event recovery proposal.
            (6) A preliminary estimate of the receipts to be derived 
        from the catastrophic event recovery projects and catastrophic 
        event research projects contained in the catastrophic event 
        recovery proposal.
            (7) A preliminary schedule showing the timing of possible 
        catastrophic event recovery projects and catastrophic event 
        research projects by fiscal year, assuming funding is available 
        to undertake the projects.
    (d) Use of Pre-Approved Management Practices or Alternative 
Arrangements.--
            (1) Determination.--In addition to complying with the 
        requirements specified in subsection (c) for each catastrophic 
        event recovery evaluation, the Secretary concerned shall make a 
        determination of--
                    (A) whether or not any pre-approved management 
                practices can be immediately implemented under section 
                104 to facilitate the catastrophic event recovery of 
                the area covered by the catastrophic event recovery 
                evaluation; and
                    (B) whether or not any catastrophic event recovery 
                project or catastrophic event research project, or 
                portion of such a project, contained in the 
                catastrophic event recovery proposal should be 
                developed and carried out using the alternative 
                arrangements authorized by section 105.
            (2) Factors.--In making any determination under paragraph 
        (1)(B) to develop and carry out a catastrophic event recovery 
        project or catastrophic event research project, or portion of 
        such a project, using alternative arrangements under section 
        105, the Secretary concerned shall consider at a minimum the 
        following:
                    (A) The necessity of promptly responding to the 
                catastrophic event on the damaged Federal land.
                    (B) The recovery needs and opportunities identified 
                under subsection (c)(1) with respect to the damaged 
                Federal land.
                    (C) The lack of pre-approved management practices 
                applicable to the damaged Federal land.
                    (D) The threat to public health and safety.
                    (E) The likelihood of substantial loss of adjacent 
                private and public property or other substantial 
                economic losses.
            (3) Notification and consultation.--The Secretary concerned 
        shall make the determinations under paragraph (1) after 
        notification of and in consultation with the Council on 
        Environmental Quality, but the determination remains in the 
        sole discretion of the Secretary.
    (e) Interdisciplinary Approach.--To conduct the catastrophic event 
recovery evaluation of an area of Federal land damaged by a 
catastrophic event, the Secretary concerned shall use a systematic, 
interdisciplinary approach that insures the integrated use of 
appropriate natural and social sciences.
    (f) Coordination With Other Activities.--The Secretary concerned 
may combine the preparation of a catastrophic event recovery evaluation 
of Federal land with the preparation of a landscape assessment for non-
Federal land in the vicinity of the damaged Federal land prepared under 
subtitle B of title II or subsection (c) of section 10A of the 
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106c), as added 
by section 201.
    (g) Public Collaboration.--To encourage meaningful participation 
during the preparation of catastrophic event recovery projects, the 
Secretary concerned shall facilitate collaboration among State and 
local governments, Indian tribes, land-grant colleges and universities, 
and interested persons during the preparation of catastrophic event 
recovery evaluations and catastrophic event recovery proposals.
    (h) Public Notice.--
            (1) Notice of evaluation.--The Secretary concerned shall 
        provide public notice of each catastrophic event recovery 
        evaluation, including the catastrophic event recovery proposal 
        prepared as part of the evaluation. The notice shall be 
        provided in a form determined to be appropriate by the 
        Secretary concerned, such as publication in the Federal 
        Register.
            (2) Notice of public meetings.--The Secretary concerned 
        shall provide notice of public meetings conducted in connection 
        with a catastrophic event recovery evaluation and the 
        availability of preliminary analyses or documents prepared as 
        part of the evaluation. The notice shall be provided at such 
        times and in such a manner as the Secretary concerned considers 
        appropriate.

SEC. 103. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT.

    (a) Compliance Required.--Except as provided in subsection (b), the 
Secretary concerned shall comply with the National Environmental Policy 
Act of 1969 (42 U.S.C. 4331 et seq.), its implementing regulations, and 
other applicable laws in designing and conducting catastrophic event 
recovery projects and catastrophic event research projects.
    (b) Satisfaction of NEPA Requirements.--The list of pre-approved 
management practices prepared under subsection (a) of section 104, the 
use of pre-approved management practices in the manner provided in such 
section as part of the catastrophic event recovery of an area of 
Federal land damaged by a catastrophic event, and the use of 
alternative arrangements in the manner provided in section 105 to 
design or conduct a catastrophic event recovery project or catastrophic 
event research project, or portion of such a project, are deemed to 
satisfy the requirements of section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332 et seq.) and its implementing 
regulations.

SEC. 104. AVAILABILITY AND USE OF PRE-APPROVED MANAGEMENT PRACTICES.

    (a) List of Available Pre-Approved Management Practices.--
            (1) Preparation of list.--The Secretary concerned shall 
        prepare a list of management practices that may be immediately 
        implemented as part of a catastrophic event recovery project or 
        catastrophic event research project to facilitate the 
        catastrophic event recovery of an area of Federal land damaged 
        by a catastrophic event.
            (2) Rule making.--The list of pre-approved management 
        practices shall be prepared using notice and comment rule 
        making under section 553 of title 5, United States Code.
            (3) Peer review required.--Before a management practice may 
        be included on the list of pre-approved management practices, 
        the management practice shall be subject to independent peer 
        review by scientific and land management experts. The results 
        of the review shall be available to the public during the 
        comment period.
            (4) Revision or amendment.--The Secretary concerned may 
        amend or revise the list of pre-approved management practices 
        as necessary whenever new scientific and managerial information 
        becomes available. Paragraphs (2) and (3) shall apply to the 
        amendment or revision process.
    (b) Use of Pre-Approved Management Practices.--Until the end of the 
two-year period beginning on the date on which the catastrophic event 
recovery evaluation is completed for an area of Federal land damaged by 
a catastrophic event, the Secretary concerned may implement and carry 
out pre-approved management practices to facilitate the catastrophic 
event recovery of the area.
    (c) Effect of Termination of Period.--After the expiration of the 
applicable time period under subsection (b), a pre-approved management 
practice may not be initiated under the authority of such subsection 
for an area of Federal land damaged by a catastrophic event. Any pre-
approved management practice initiated before the date of the 
expiration of the applicable time period may not be continued after 
that date.
    (d) Use for Certain Activities Prohibited.--
            (1) Road construction.--A pre-approved management practice 
        may not authorize any permanent road building. Any temporary 
        road constructed as part of a pre-approved management practice 
        shall be obliterated upon conclusion of the practice and the 
        road area restored to the extent practicable.
            (2) Timber harvesting.--Timber harvesting carried out as 
        part of a pre-approved management practice shall be limited to 
        trees--
                    (A) that are already down, dead, broken, or 
                severely root sprung;
                    (B) regarding which mortality is highly probable 
                within five years after the end of the catastrophic 
                event; or
                    (C) that are required to be removed for worker or 
                public safety.
    (e) Required Consultation.--
            (1) ESA consultation.--In the case of the proposed use of a 
        pre-approved management practice under subsection (b), the 
        Secretary concerned may use the emergency procedures described 
        in section 402.05 of title 50, Code of Federal Regulations, to 
        comply with section 7 of the Endangered Species Act of 1973 (16 
        U.S.C. 1536). At the conclusion of the consultation, the 
        statement required by subsection (b)(4) of such section shall 
        be issued for any incidental taking that may occur while using 
        the pre-approved management practice, which shall be effective 
        beginning on the date the Secretary concerned initiates the 
        practice and shall apply to all persons assisting or 
        cooperating with the Secretary in using the practice.
            (2) Other required consultation.--Any consultation required 
        under other laws, such as the National Historic Preservation 
        Act (16 U.S.C. 470 et seq.) or the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.), may proceed 
        simultaneously with the implementation of a pre-approved 
        management practice. Results of consultation shall be 
        immediately incorporated into the practice, to the extent 
        feasible, practical, and consistent with the response, 
        recovery, and rehabilitation objectives of the project.
    (f) Issuance of Decision Document.--Not later than 30 days after 
the date on which the Secretary concerned makes the determination under 
section 102(d) to use a pre-approved management practice to facilitate 
the catastrophic event recovery of an area of Federal land damaged by a 
catastrophic event, the Secretary concerned shall issue a concise 
decision document that contains--
            (1) a description of the pre-approved management practice 
        to be implemented;
            (2) the rationale for the agency decision;
            (3) an economic analysis and justification; and
            (4) an analysis of the environmental effects of the pre-
        approved management practice and how such effects will be 
        minimized or mitigated consistent with the applicable land and 
        resource management plan.
    (g) Immediate Implementation.--The Secretary concerned shall 
implement a pre-approved management practice immediately after the 
issuance of the decision document under subsection (f), subject only to 
the availability of funds for the practice.
    (h) Monitoring.--To monitor the implementation of a pre-approved 
management practice, the Secretary concerned may establish a third-
party monitoring group, as determined to be appropriate by the 
Secretary.

SEC. 105. AVAILABILITY AND USE OF ALTERNATIVE ARRANGEMENTS.

    (a) Limited Consideration of Alternatives.--If the Secretary 
concerned determines under section 102(d) to utilize alternative 
arrangements to conduct a catastrophic event recovery project or 
catastrophic event research project, or portion of such a project, the 
Secretary concerned is not required to study, develop, or describe more 
than the proposed agency action and the alternative of no action in 
designing that project or the portion of the project for which the 
alternative arrangements are utilized.
    (b) Use for Certain Activities Prohibited.--
            (1) Road construction.--Alternative arrangements under this 
        section may not be used to design or conduct a catastrophic 
        event recovery project or catastrophic event research project, 
        or portion of such a project, that provides for any permanent 
        road building. Any temporary road constructed as part of the 
        project shall be obliterated upon completion of the project and 
        the road area restored to the extent practicable.
            (2) Timber harvesting.--Timber harvesting carried out as 
        part of a catastrophic event recovery project or catastrophic 
        event research project, or portion of such a project, for which 
        alternative arrangements under this section were used shall be 
        limited to trees--
                    (A) that are already down, dead, broken, or 
                severely root sprung;
                    (B) regarding which mortality is highly probable; 
                or
                    (C) that are required to be removed for worker or 
                public safety.
    (c) Required Consultation.--
            (1) ESA consultation.--In the case of a catastrophic event 
        recovery project or catastrophic event research project, or 
        portion of such a project, for which alternative arrangements 
        under this section are used, the Secretary concerned may use 
        the emergency procedures described in section 402.05 of title 
        50, Code of Federal Regulations, to comply with section 7 of 
        the Endangered Species Act of 1973 (16 U.S.C. 1536). At the 
        conclusion of the consultation, the statement required by 
        subsection (b)(4) of such section shall be issued for any 
        incidental taking that may occur under the project, which shall 
        be effective beginning on the date the Secretary concerned 
        initiates action under the project and shall apply to all 
        persons assisting or cooperating with the Secretary under the 
        project.
            (2) Other required consultation.--Any consultation required 
        under other laws, such as the National Historic Preservation 
        Act (16 U.S.C. 470 et seq.) or the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.), may proceed 
        simultaneously with the design of a catastrophic event recovery 
        project or catastrophic event research project, or portion of 
        such a project, for which alternative arrangements under this 
        section are used. Results of consultation shall be immediately 
        incorporated into the project, to the extent feasible, 
        practical, and consistent with the response, recovery, and 
        rehabilitation objectives of the project.
    (d) Completion of Alternative Arrangements and Issuance of Decision 
Document.--Not later than 90 days after the date on which the Secretary 
concerned makes the determination under section 102(d) to develop and 
carry out a catastrophic event recovery project or catastrophic event 
research project, or portion of such a project, using alternative 
arrangements, the Secretary concerned shall--
            (1) complete the alternative arrangements for that 
        catastrophic event recovery project or catastrophic event 
        research project, or portion thereof, under this section; and
            (2) issue a concise decision document that contains--
                    (A) the rationale for the agency decision;
                    (B) an economic analysis and justification; and
                    (C) an analysis of the environmental effects of the 
                project and how such effects will be minimized or 
                mitigated consistent with the applicable land and 
                resource management plan.
    (e) Immediate Implementation.--In the case of a catastrophic event 
recovery project or catastrophic event research project, or portion of 
such a project, for which the alternative arrangements authorized by 
this section are used, the Secretary concerned shall implement the 
project, or portion of the project, immediately after the issuance of 
the decision document under subsection (d), subject only to the 
availability of funds for the project.
    (f) Monitoring.--To monitor a catastrophic event recovery project 
or catastrophic event research project, or portion of such a project, 
for which the alternative arrangements authorized by this section were 
used, the Secretary concerned may establish a third-party monitoring 
group, as determined to be appropriate by the Secretary.

SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Administrative Review Generally.--Except as provided in 
subsection (b), nothing in this title affects--
            (1) the notice, comment, and appeal requirements of section 
        322 of the Department of the Interior and Related Agencies 
        Appropriations Act, 1993 (Public 102-381; 16 U.S.C. 1612 note) 
        and section 215 of title 36, Code of Federal Regulations; or
            (2) the consideration or disposition of any legal action 
        brought with respect to such requirements.
    (b) Predecisional Administrative Review.--The predecisional 
administrative review process established by the Secretary of 
Agriculture by regulation under section 105 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6515), and the Department of the 
Interior administrative hearings and appeals procedures referred to in 
subsection (c)(1)(B) of such section, shall serve as the sole means by 
which a person can seek administrative review regarding--
            (1) the proposed use of a pre-approved management practice 
        under section 104; or
            (2) a catastrophic event recovery project or catastrophic 
        event research project, or portion of such a project, for which 
        the alternative arrangements under section 105 are used.
    (c) Judicial Review.--Section 106 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6516) shall apply with respect to 
the implementation of a pre-approved management practice under section 
104 or a catastrophic event recovery project or catastrophic event 
research project regarding which the applicable administrative review 
process has been exhausted. In any proceeding for judicial review of 
agency action under this subsection, attorney fees awarded to a 
prevailing party may not exceed the hourly rates established in section 
3006A of title 18, United States Code.

SEC. 107. GUIDANCE REGARDING REFORESTATION IN RESPONSE TO CATASTROPHIC 
              EVENTS.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary concerned shall--
            (1) standardize the collection, reporting, and review 
        procedures for data regarding more aggressive, expedited, and 
        comprehensive reforestation in response to catastrophic events 
        by clarifying agency-wide guidance and developing standard 
        protocols for determining when and how reforestation can be 
        best achieved as part of the response to catastrophic events; 
        and
            (2) clarify agency-wide guidance regarding reforestation in 
        response to catastrophic events to ensure that such guidance is 
        consistent with agency goals and budget constraints.

SEC. 108. EFFECT OF TITLE.

    (a) Use of Other Authorities.--Nothing in this title affects the 
use by the Secretary concerned of other statutory or administrative 
authority, including categorical exclusions adopted to implement the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), to 
conduct a catastrophic event recovery project or catastrophic event 
research project, or portion of such a project, that is not conducted 
using the alternative arrangements authorized by section 105.
    (b) Advisory Committees.--The Federal Advisory Committee Act (5 
U.S.C. App.) and title XVIII of the Food and Agriculture Act of 1977 (7 
U.S.C. 2281 et seq.) shall not apply to--
            (1) the independent peer review provided by scientific and 
        land management experts under section 101(b);
            (2) the monitoring process under section 104(h) or 105(f); 
        and
            (3) the preparation of a catastrophic event recovery 
        evaluation or catastrophic event recovery proposal.

TITLE II--RESTORING LANDSCAPES AND COMMUNITIES IMPACTED BY CATASTROPHIC 
                                 EVENTS

        Subtitle A--Cooperative Forestry Assistance Act of 1978

SEC. 201. ASSISTANCE UNDER COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 
              TO RESTORE LANDSCAPES AND COMMUNITIES AFFECTED BY 
              CATASTROPHIC EVENTS.

    (a) Assistance Authorized.--Section 10A of the Cooperative Forestry 
Assistance Act of 1978 (16 U.S.C. 2106c) is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Response to Catastrophic Events Affecting Non-Federal 
Lands.--
            ``(1) Landscape assessments.--The Secretary may cooperate 
        with an eligible entity, at the request of the eligible entity, 
        in the preparation of a landscape assessment for non-Federal 
        lands affected by a catastrophic event. The Secretary may 
        combine the preparation of a landscape assessment with the 
        preparation of a catastrophic event recovery evaluation under 
        title I of the Emergency Forest Research and Reforestation Act 
        regarding Federal land in the vicinity of the damaged non-
        Federal land.
            ``(2) Community assessments.--The Secretary may cooperate 
        with an eligible entity affected by a catastrophic event, at 
        the request of the eligible entity, to assist in the 
        preparation of a community wildfire protection plan or related 
        plan.
            ``(3) Types of assistance.--The Secretary concerned may 
        provide technical and financial cost-share assistance to an 
        eligible entity--
                    ``(A) to assist in the preparation of a landscape 
                assessment under paragraph (1) or a community wildfire 
                protection plan, community assessment, or community 
                action plan under paragraph (2); and
                    ``(B) to implement special recovery projects 
                identified in the landscape assessment or community 
                wildfire protection plan, community assessment, or 
                community action plan.
            ``(4) Special recovery projects.--The Secretary may provide 
        assistance under this subsection for special recovery projects, 
        including projects involving--
                    ``(A) revegetation, tree planting, and other 
                management practices the Secretary determines to be 
                appropriate;
                    ``(B) developing products from and markets for fire 
                timber harvest and remaining forest resources;
                    ``(C) training for the local workforce;
                    ``(D) repair of public facilities, such as water 
                systems, roads, bridges and trails, affected by a 
                catastrophic event; and
                    ``(E) such other activities as the Secretary 
                determines to be necessary to undertake the special 
                recovery project.
            ``(5) Definitions.--In this subsection:
                    ``(A) The term `eligible entity' means a State 
                Forester or equivalent State official, an Indian tribe, 
                local government, community-based organization, or 
                other person.
                    ``(B) The terms `catastrophic event', `landscape 
                assessment', and `special recovery project' have the 
                meanings given those terms in section 3 of the 
                Emergency Forest Research and Reforestation Act.
                    ``(C) The term `community wildfire protection plan' 
                has the meaning given that term in section 101(3) of 
                the Healthy Forest Restoration Act of 2003 (16 U.S.C. 
                6511(3)).''.
    (b) Clerical Amendment.--The heading of such section is amended by 
inserting before the period at the end the following: ``and response to 
catastrophic events''.

           Subtitle B--Department of the Interior Assistance

SEC. 211. RESTORING LANDSCAPES.

    (a) Landscape Assessments.--The Secretary of the Interior may 
cooperate with an eligible entity, at the request of the eligible 
entity, in the preparation of a landscape assessment for non-Federal 
lands affected by a catastrophic event. The Secretary may combine the 
preparation of a landscape assessment with the preparation of a 
catastrophic event recovery evaluation under title I of the Federal 
land in the vicinity of the damaged non-Federal land.
    (b) Types of Assistance.--The Secretary of the Interior may provide 
technical and financial cost-share assistance to an eligible entity--
            (1) to assist in the preparation of a landscape assessment; 
        and
            (2) to implement special recovery projects identified in 
        the landscape assessment.
    (c) Special Recovery Projects.--The Secretary of the Interior may 
provide assistance under subsection (b) for special recovery projects, 
including revegetation, tree planting, and other practices the 
Secretary determines to be appropriate.

SEC. 212. RESTORING COMMUNITIES.

    (a) Community Assessments.--The Secretary of the Interior may 
cooperate with an eligible entity affected by a catastrophic event, at 
the request of the eligible entity, to assist in the preparation of a 
community wildfire protection plan or related plan.
    (b) Types of Assistance.--The Secretary of the Interior may provide 
technical and financial cost-share assistance to an eligible entity--
            (1) to assist in the preparation of development of a 
        community wildfire protection plan, a community assessment, or 
        a community action plan; and
            (2) to implement special recovery projects identified in a 
        community wildfire protection plan, a community assessment, or 
        a community action plan.
    (c) Special Recovery Projects.--The Secretary of the Interior may 
provide assistance under subsection (b) for special recovery projects, 
including projects involving--
            (1) developing products from and markets for fire timber 
        harvest and remaining forest resources;
            (2) training for the local workforce;
            (3) repair of public facilities, such as water systems, 
        roads, bridges and trails, affected by a catastrophic event; 
        and
            (4) such other activities as the Secretary determines to be 
        necessary to undertake the special recovery project.

                    TITLE III--EXPERIMENTAL FORESTS

SEC. 301. FINDINGS.

    Congress finds the following:
            (1) The experimental forests established pursuant to 
        section 4 of the Forest and Rangeland Renewable Resources 
        Research Act of 1978 (16 U.S.C. 1643) or the organic 
        administrative authorities of the Secretary of Agriculture (16 
        U.S.C. 551) serve as a natural laboratory for the Forest 
        Service to evaluate management practices generally and specific 
        responses to catastrophic events that can be eventually used 
        throughout the National Forest System.
            (2) To build upon the knowledge base to be developed using 
        catastrophic events research projects conducted under title I, 
        the Secretary of Agriculture should be authorized to use the 
        same authorities provided under sections 104 and 105 to design 
        and carry out projects in the experimental forests.

SEC. 302. AVAILABILITY AND USE OF PRE-APPROVED MANAGEMENT PRACTICES ON 
              NATIONAL FOREST EXPERIMENTAL FORESTS.

    Management practices included on the list of pre-approved 
management practices prepared under subsection (a) of section 104 may 
be implemented, in the manner provided by such section, in an 
experimental forest established pursuant to section 4 of the Forest and 
Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1643) or 
the organic administrative authorities of the Secretary of Agriculture 
(16 U.S.C. 551).

SEC. 303. AVAILABILITY AND USE OF ALTERNATIVE ARRANGEMENTS FOR PROJECTS 
              ON NATIONAL FOREST EXPERIMENTAL FORESTS.

    Section 105 shall apply with respect to any individual activity or 
a series of activities proposed to be undertaken in an experimental 
forest established pursuant to section 4 of the Forest and Rangeland 
Renewable Resources Research Act of 1978 (16 U.S.C. 1643) or the 
organic administrative authorities of the Secretary of Agriculture (16 
U.S.C. 551).

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. REGULATIONS.

    The Secretary concerned is not required to promulgate regulations 
to implement this Act.

SEC. 402. FUNDING SOURCES.

    (a) Reservation of Unobligated Balances.--Funds appropriated for 
the Department of Agriculture or the Department of the Interior for a 
fiscal year that remain unobligated at the end of that fiscal year 
shall be available to the Secretary concerned, until expended and 
without further appropriation, to implement and carry out pre-approved 
management practices and catastrophic event recovery projects and 
catastrophic event research projects under title I.
    (b) Availability of Wildland Fires Management Funds.--Any funds 
appropriated for the Forest Service or the Bureau of Land Management 
for a fiscal year for wildland fires management may be used to 
implement and carry out pre-approved management practices and 
catastrophic event recovery projects and catastrophic event research 
projects under title I that are related to wildland fire.
    (c) Availability of Knutson-Vandenberg Funds.--Section 3 of the Act 
of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 
U.S.C. 576b), as amended by section 318 of division E of Public Law 
108-447 (118 Stat. 3096), is further amended----
            (1) by striking ``Such deposits shall be covered'' and 
        inserting the following:
    ``(b) Amounts deposited under subsection (a) shall be covered'';
            (2) by inserting after the second proviso the following new 
        sentence: ``The Secretary of Agriculture may also use excess 
        amounts to cover the costs of activities of the Secretary under 
        title I of the Forest Emergency Recovery and Research Act.''; 
        and
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``and'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (c) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) the excess amounts will not be needed for activities 
        of the Secretary under title I of the Forest Emergency Recovery 
        and Research Act during the fiscal year in which the transfer 
        would be made; and''.
    (d) Availability of Forest Service Salvage Sale Funds.--Section 
14(h) of the National Forest Management Act of 1976 (16 U.S.C. 472a(h)) 
is amended--
            (1) in the fourth sentence, by inserting after ``the 
        purposes for which deposited'' the following: ``and to cover 
        the costs of activities of the Secretary under title I of the 
        Forest Emergency Recovery and Research Act''; and
            (2) in last proviso, by striking ``for which deposited on 
        any national forest'' and inserting ``for which deposits of 
        money are available under this subsection''.
    (e) Availability of BLM Revolving Fund Derived From Disposal of 
Salvage Timber.--The first paragraph under the headings ``Forest 
Ecosystems Health and Recovery'' and ``revolving fund, special 
account'' in title I of the Department of the Interior and Related 
Agencies Appropriations Act, 1993 (Public Law 102-381; 106 Stat. 1376; 
43 U.S.C. 1736a), is amended by adding at the end the following new 
sentence: ``The money in this fund shall likewise be immediately 
available to cover the costs of activities of the Bureau of Land 
Management under title I of the Forest Emergency Recovery and Research 
Act.''.
    (f) Effect of Declaration of Major Disaster or Emergency.--If an 
area of non-Federal land damaged by a catastrophic event is also 
covered by a declaration by the President under section 401 or 501 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170, 5191) that a major disaster or emergency exists, the 
Director of Federal Emergency Management Agency may use funds available 
for activities under that Act to reimburse the Secretary concerned for 
assistance in that area provided under subtitle B of title II or 
subsection (c) of section 10A of the Cooperative Forestry Assistance 
Act of 1978 (16 U.S.C. 2106c), as added by section 201.
                                 <all>
Forest Emergency Recovery and Research Act

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