Forests for Future Generations Act - Directs the Secretary of Agriculture and the Secretary of the Interior to develop research protocols for 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. Requires such Secretaries to enter into at least one cooperative agreement with one land-grant college or university in each Forest Service Region to form forest health partnerships 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.
Requires such Secretaries to conduct catastrophic event recovery evaluations of damaged federal lands.
Directs such Secretaries to prepare a list of pre-approved management practices that may be immediately implemented as part of catastrophic event recovery projects or catastrophic event research projects.
Requires determinations of whether or not to: (1) use any pre-approved management practices that can be immediately implemented; and (2) develop and carry out a recovery or research project or part of such a project using the alternative arrangements authorized by this Act.
Directs such Secretaries to clarify agency-wide guidance regarding reforestation in response to catastrophic events.
Provides for assistance to restore landscapes and communities affected by catastrophic events.
Directs such Secretaries to establish a community protection and recovery fund for each recovery project.
Provides for the availability and use of pre-approved management practices and alternative arrangements on National Forest experimental forests.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2079 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 2079
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 the natural resources of
Forest Service land and Bureau of Land Management Land, respectively,
to support the recovery of non-Federal land damaged by catastrophic
events, to assist impacted communities, to revitalize Forest Service
experimental forests, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 18, 2005
Mr. Smith (for himself, Mr. Thune, Mr. Allard, Mr. Burns, and Mr.
Thomas) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
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 the natural resources of
Forest Service land and Bureau of Land Management Land, respectively,
to support the recovery of non-Federal land damaged by catastrophic
events, to assist impacted communities, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Forests for Future
Generations Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--RESPONSE TO CATASTROPHIC EVENTS ON FEDERAL LAND
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. Obligations from Trust Fund.
Sec. 109. Revision of land and resource management plans.
Sec. 110. Effect of title.
TITLE II--RESTORING LANDSCAPES AND COMMUNITIES IMPACTED BY CATASTROPHIC
EVENTS
Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Community protection and recovery funds.
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. Authorization of appropriations.
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;
(E) ensuring the health and resiliency of affected
ecosystems for present and future generations; and
(F) sequestering carbon.
(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) Alternative arrangements.--The term ``alternative
arrangements'' means the authority granted to the Council on
Environmental Quality under section 1506.11 of title 40, Code
of Federal Regulations, to grant alternative arrangements for
compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), including the authority to--
(A) reduce processing times for an environmental
impact statement; or
(B) if warranted by the emergency, condense the
preparation and processing of an environmental impact
statement.
(2) 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.
(3) 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 for purposes of title II, non-Federal land.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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)).
(10) Federal land.--The term ``Federal land'' means land in
the National Forest System and land managed by the Bureau of
Land Management. 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 land 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) Natural disaster.--The term ``natural disaster''
includes 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.
(17) 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.
(18) 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
land managed by the Bureau of Land Management,
including land held for the benefit of an Indian tribe.
(19) 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 LAND
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 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.--
(1) In general.--In developing and using the research
protocols required by this section, the Secretary concerned
shall enter into at least 1 cooperative agreement with 1 or
land-grant colleges or universities in each Forest Service
Region 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.
(2) Alignment with cooperative ecosystem studies units.--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
section 203(c)(1)(A).
(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) 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
2-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;
(C) that are required to be removed for worker or
public safety; or
(D) that are not specified for snag retention by
the applicable land and resource management plan.
(e) Required Consultation.--
(1) ESA consultation.--
(A) In general.--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).
(B) Incidental takings.--
(i) In general.--At the conclusion of the
consultation, the statement required by section
7(b)(4) of the Endangered Species Act of 1973
(16 U.S.C. 1536(b)(4)) shall be issued for any
incidental taking that may occur while using
the pre-approved management practice.
(ii) Application.--The statement issued
under clause (i) shall--
(I) be effective beginning on the
date the Secretary concerned initiates
the practice; and
(II) apply to all persons assisting
or cooperating with the Secretary in
using the practice.
(C) Deadline for completion.--If the consultation
required under this subsection is not completed by the
date on which the decision document is issued under
subsection (f), the applicable biological assessment
from the land management agency shall be considered to
be sufficient for the purposes of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536).
(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;
(C) that are required to be removed for worker or
public safety; or
(D) that are not specified for snag retention by
the applicable land and resource management plan.
(c) Required Consultation.--
(1) ESA consultation.--
(A) In general.--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).
(B) Incidental takings.--
(i) In general.--At the conclusion of the
consultation, the statement required by section
7(b)(4) of the Endangered Species Act of 1973
(16 U.S.C. 1536(b)(4)) shall be issued for any
incidental taking that may occur under the
project.
(ii) Application.--The statement issued
under clause (i) shall--
(I) be effective beginning on the
date the Secretary concerned initiates
action under the project; and
(II) apply to all persons assisting
or cooperating with the Secretary under
the project.
(C) Deadline for completion.--If the consultation
required under this subsection is not completed by the
date on which the decision document is issued under
subsection (d), the applicable biological assessment
from the land management agency shall be considered to
be sufficient for the purposes of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536).
(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.--
(1) In general.--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.
(2) Attorney fees.--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.
(d) Mediation and Binding Arbitration.--
(1) In general.--In lieu of the administrative and judicial
processes provided for in subsections (b) and (c), the
Secretary concerned is encouraged to establish procedures for
voluntary mediation and binding arbitration that would
accelerate the implementation of catastrophic event recovery
projects.
(2) Requirements.--Any procedures established under
paragraph (1) shall provide that--
(A) the Federal Government shall bear all costs of
any mediation or binding arbitration proceedings;
(B) the limitation on attorney fees under
subsection (c)(2) shall not apply to the proceedings;
(C) the applicable local government, any persons
economically impacted by the catastrophic event
recovery project, and any potential litigants shall be
allowed to equally participate in the proceedings;
(D) the proceedings shall be completed within 30
days of the date on which the proceedings were
initiated; and
(E) the mediator shall be mutually acceptable to
all parties to the proceedings.
SEC. 107. GUIDANCE REGARDING REFORESTATION IN RESPONSE TO CATASTROPHIC
EVENTS.
Not later than 180 days after the date of 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. OBLIGATIONS FROM TRUST FUND.
Section 303(d) of Public Law 96-451 (16 U.S.C. 1606a(d)) is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) by striking the ``(d) The Secretary of Agriculture''
and inserting the following:
``(d) Obligations From Trust Fund.--
``(2) Reforestation and timber stand improvements.--The
Secretary of Agriculture'';
(3) by inserting before paragraph (2) (as designated by
paragraph (2)) the following:
``(1) Definitions.--In this subsection:
``(A) Appropriate forest cover.--The term
`appropriate forest cover' means the species of trees,
the degree of stocking, the rate of growth, and the
conditions of a stand designed to secure the maximum
benefits of multiple use sustained yield management.
``(B) Catastrophic event.--The term `catastrophic
event' means any natural disaster or any fire, flood,
or explosion, regardless of cause, that the Secretary
of Agriculture determines has caused or will cause
damage of significant severity and magnitude to
National Forest System land.
``(C) Natural disaster.--The term `natural
disaster' includes 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.''; and
(4) in paragraph (2) (as designated by paragraph (2))--
(A) in subparagraph (A) (as redesignated by
paragraph (1))--
(i) by inserting ``, subject to
subparagraph (B),'' after ``reforestation'';
and
(ii) by striking ``and'' at the end;
(B) by redesignating subparagraph (B) (as
redesignated by paragraph (1)) as subparagraph (C); and
(C) by inserting after subparagraph (A) (as
redesignated by paragraph (1)) the following:
``(B) reforestation treatment to restore
appropriate forest cover on National Forest System land
that is capable of growing, and available for,
commercial timber harvest and that has been affected by
a catastrophic event if--
``(i) the need for the reforestation
treatment is identified in the report submitted
to Congress under section 3(d)(1) of the Forest
and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1601(d)(1)); and
``(ii) the reforestation treatment occurs
within 5 years of--
``(I) if there is no harvest
activity following the wildfire or the
nonfire natural disturbance event, the
wildfire or a nonfire natural
disturbance event;
``(II) if a regeneration harvest is
the final cut in a stand in a disturbed
area, the regeneration harvest; or
``(III) if a salvage harvest is the
final cut in a stand in a disturbed
area, the salvage harvest; and''.
SEC. 109. REVISION OF LAND AND RESOURCE MANAGEMENT PLANS.
During the 3-year period beginning on the date of enactment of this
Act, the Secretary concerned shall ensure that any revision to a land
and resource management plan address forest management and recovery
goals after a catastrophic event.
SEC. 110. 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
SEC. 201. FINDINGS.
Congress finds that--
(1) there is a relationship between poverty and Federal
land ownership, with households below the poverty level being
located in close proximity to Federal land;
(2) households below the poverty level are more likely to
be located in areas with low or no wildfire or other
catastrophic event response capabilities; and
(3) catastrophic events disproportionately affect low-
income communities in the short term and long term by
negatively impacting economic activities such as recreation,
timber and nontraditional forest product utilization,
fisheries, and tourism.
SEC. 202. DEFINITIONS.
In this title:
(1) Eligible entity.--The term ``eligible entity'' means a
State Forester or equivalent State official, an Indian tribe,
local government, community-based organization, or other
person.
(2) Excess receipts.--The term ``excess receipts'' means
any National Forest Fund receipts derived from the sale of
timber under section 105(b)(2), that are identified by the
Secretary for the fiscal year as amounts in excess of the
amounts retained onsite for activities included in an
applicable catastrophic event recovery project.
(3) Fund.--The term ``fund'' means a community protection
and recovery fund established under section 203(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 203. COMMUNITY PROTECTION AND RECOVERY FUNDS.
(a) Establishment.--The Secretary shall establish within the
Treasury a community protection and recovery fund for each catastrophic
event recovery project, consisting of such amounts as are transferred
to the fund under subsection (b).
(b) Transfers to Fund.--There are appropriated to each fund amounts
equivalent to 5 percent of excess receipts.
(c) Use.--
(1) In general.--Subject to paragraphs (2) and (3), amounts
in the fund shall be available, without further appropriation,
to the Secretary, in cooperation with any eligible entities,
for--
(A) the preparation of a landscape assessment for
non-Federal land affected by a catastrophic event;
(B) assistance in the preparation of a community
wildfire protection plan or related plan; and
(C) implementation of special recovery projects
identified in the landscape assessment or community
wildfire protection plan, community assessment, or
community action plan, including--
(i) revegetation, tree planting, and other
management practices that the Secretary
determines to be appropriate;
(ii) developing products from and markets
for fire timber harvest and remaining forest
resources;
(iii) training for the local workforce;
(iv) repair of public facilities, such as
water systems, roads, bridges and trails,
affected by a catastrophic event; and
(v) any other activities that the Secretary
determines to be necessary to undertake the
special recovery project.
(2) Preference.--In making expenditures from a fund, the
Secretary shall give priority to low-income communities.
(3) Limitation.--Amounts in a fund shall only be available
for expenditure for a specific catastrophic event during the 3-
year period beginning on the date on which the catastrophic
event occurs.
(d) Reprogramming.--Amounts deposited in a fund or eligible for
deposit in a fund shall not be subject to transfer or reprogramming for
wildland fire management or any other emergency purposes.
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. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
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