Colorado Charter Forest Act of 2008 - Directs the Secretary of Agriculture to conduct a demonstration project for National Forest System lands in Colorado ("covered lands") for the purposes of increasing community involvement in decision making regarding management and evaluating methods to improve the health and management of the lands.
Requires establishment of: (1) an independent scientific panel to assess the ecological, social, and economic sustainability of the covered lands and prepare a monitoring plan; and (2) a community management council to advise on environmental, economic, and social issues related to the management, occupancy, and use of the lands.
Requires the Secretary, not later than 60 days after appointment of the community management council, to begin to develop a land and resource management charter for the covered lands, notwithstanding the requirements of the National Environmental Policy Act of 1969.
Requires the Secretary to promulgate rules to establish a pre-decision review process for use in connection with site-specific projects.
Expresses the sense of Congress that in order to offset funds appropriated to implement this Act for a fiscal year, the Forest Service land acquisition budget for that year should be reduced by an equal amount.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 6189 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6189
To require the Secretary of Agriculture to conduct a ``Charter Forest''
demonstration project on all National Forest System lands in the State
of Colorado in order to combat insect infestation, improve forest
health, reduce the threat of wildfire, protect biological diversity,
and enhance the social sustainability and economic productivity of the
lands.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2008
Mr. Tancredo introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of Agriculture to conduct a ``Charter Forest''
demonstration project on all National Forest System lands in the State
of Colorado in order to combat insect infestation, improve forest
health, reduce the threat of wildfire, protect biological diversity,
and enhance the social sustainability and economic productivity of the
lands.
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 ``Colorado Charter
Forest Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Charter forest demonstration project for National Forest System
lands in Colorado.
Sec. 4. Independent scientific review and monitoring.
Sec. 5. Community management council.
Sec. 6. Relation to National Environmental Policy Act of 1969.
Sec. 7. Predecisional review process for demonstration project.
Sec. 8. Stewardship contracting authority.
Sec. 9. Retention and use of receipts.
Sec. 10. Authorization of appropriations; offset.
SEC. 2. DEFINITIONS.
In this Act:
(1) The terms ``Charter Forest demonstration project'' and
``demonstration project'' mean the demonstration project
required by this Act for covered National Forest System lands
in the State of Colorado.
(2) The terms ``community management council'' and
``council'' mean the community management council appointed
under section 5.
(3) The term ``covered National Forest System lands'' means
the National Forest System lands in the State of Colorado.
(4) The terms ``independent scientific panel'' and
``panel'' mean the panel assembled by the Secretary under
section 4.
(5) The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
SEC. 3. CHARTER FOREST DEMONSTRATION PROJECT FOR NATIONAL FOREST SYSTEM
LANDS IN COLORADO.
(a) Demonstration Project Required.--The Secretary of Agriculture,
acting through the Chief of the Forest Service, shall conduct a
demonstration project for National Forest System lands in the State of
Colorado for the purpose of increasing community involvement in
decisionmaking regarding the management of the covered National Forest
System lands and evaluating various methods, described in this Act, to
improve the management and health of the covered National Forest System
lands. The demonstration project shall be known as the ``Charter Forest
demonstration project''.
(b) Commencement of Demonstration Project.--The Secretary shall
commence the demonstration project as soon as practicable after the
submission of the initial report of the independent scientific panel
under section 4.
(c) Duration.--The Secretary shall terminate the demonstration
project at the end of the 10-year period beginning on the date the
demonstration project is commenced under subsection (b).
(d) Relation to Other National Forest System Laws.--Except as
provided in this Act, during the term of the demonstration project, the
Secretary shall continue to manage the covered National Forest System
lands under all of the laws and regulations governing occupancy, use,
and management of the National Forest System.
SEC. 4. INDEPENDENT SCIENTIFIC REVIEW AND MONITORING.
(a) Review of Ecological, Social, and Economic Sustainability.--
(1) Initial review.--The Secretary shall assemble an
independent scientific panel to conduct an assessment, using
accepted measures and indicators, of the ecological, social,
and economic sustainability of the covered National Forest
System lands, taking into consideration such factors as forest
health, susceptibility to catastrophic fire, susceptibility to
insect infestation, biological diversity, and economic
productivity of the covered National Forest System lands.
(2) Submission of results.--Not later than one year after
the date of the enactment of this Act, the panel shall submit
to the Secretary and Congress a report containing the results
of the assessment conducted under this subsection.
(b) Subsequent Monitoring of Demonstration Project.--
(1) Monitoring plan.--The panel shall prepare a monitoring
plan to be used to track the implementation of the charter
forest demonstration project.
(2) Revised review.--At the end of the first five years of
the demonstration project and upon the completion of the
demonstration project, the panel shall revise the assessment
conducted under subsection (a) and resubmit it to the Secretary
and to Congress.
(3) Effects of charter project.--Using the information
collected from the monitoring plan, the panel shall include in
each revised assessment an evaluation of the positive and
negative impacts of the demonstration project on changes in the
ecological, social, and economic sustainability and
susceptibility to insect infestation and catastrophic wildfire
of the covered National Forest System lands.
SEC. 5. COMMUNITY MANAGEMENT COUNCIL.
(a) Establishment and Purposes.--The Secretary shall establish a
community management council as part of the charter forest
demonstration project for the purpose of--
(1) advising the Secretary and the supervisor of the
covered National Forest System lands on the broad array of
environmental, economic, and social issues related to the
management, occupancy, and use of the covered National Forest
System lands;
(2) assisting in the development of binding priorities for
management activities, including hazardous fuels reduction,
watershed protection, disease, insect and invasive species
treatment and control; and
(3) assisting the Secretary in the development of the
``charter'' and consideration of proposed projects and
activities under section 6.
(b) Appointment and Members.--The council shall consist of 13
members, appointed by the Secretary as follows:
(1) Five members appointed from nominations provided by the
Governor of Colorado.
(2) Four members appointed from nominations provided by the
senior Senator from Colorado.
(3) Four members appointed from nominations provided by the
junior Senator from Colorado.
(c) Qualifications.--The members of the council should be appointed
from communities in close proximity to the covered National Forest
System lands and represent a broad range of interests, including
conservation interests, forestry experts, commodity and forest products
interests, experts in the field of energy development, and the
interests of county and municipal governments in the area. Members
should have a demonstrated ability to constructively work toward
beneficial solutions with a diverse range of interests on complex land
management issues.
(d) Regional Forester.--The Forest Service Regional Forester
responsible for Colorado shall serve as an ex officio member of the
council.
(e) Vacancies.--Vacancies on the council shall be filled in the
same manner as the original appointment.
(f) Compensation.--Members of the council who are not Federal
employees shall serve without compensation.
(g) Other Council Authorities and Requirements.--
(1) Staff assistance.--The council may request the
Secretary to provide staff assistance to the council from
Federal employees under the jurisdiction of the Secretary.
(2) Meetings.--All meetings of the council shall be
announced at least one week in advance in a local newspaper of
record and shall be open to the public.
(3) Records.--The council shall maintain records of the
meetings of the council and make the records available for
public inspection.
(4) Relation to other law.--The council shall be exempt
from the provisions of the Federal Advisory Committee Act (5
U.S.C. App.).
SEC. 6. RELATION TO NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
(a) Charter.--
(1) Preparation.--Not later than 60 days after the
appointment of all of the members to the community management
council, the Secretary shall begin to develop a ``Charter'' for
the covered National Forest System lands, notwithstanding the
requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(2) Role of council.--The Secretary shall prepare the
Charter and any amendment thereto, with the advice and
cooperation of the council.
(b) Content.--The Charter for the demonstration project shall
address the following:
(1) Land and resource management goals and objectives for
the covered National Forest System lands, including desired
landscape conditions and management outcomes and outputs, to be
realized during the term of the demonstration project, and at
various intervals thereof.
(2) Standards and guidelines for achieving the land and
resource management goals and objectives.
(3) A monitoring plan to ensure that project level
activities are consistent with the land and resource management
goals and objectives and related standards and guidelines.
(c) Legal Requirements.--Upon establishment, the Secretary shall
carry out only those projects and activities on the covered National
Forest System lands that are consistent with the requirements of this
Act and the Charter.
(d) Adoption.--The Charter shall be considered as operative upon
the approval of the Secretary and the majority of the members of the
council.
(e) Effect of Adoption.--
(1) Consistent projects and activities.--If the Secretary
determines that a proposed project or activity under the
demonstration project is consistent with the requirements of
this Act and the Charter, the Secretary shall not be required
to do additional analysis under the National Environmental
Policy Act of 1969 with regard to the project or activity
notwithstanding other regulations, policies, and other
administrative directives.
(2) Inconsistent projects and activities.--If the Secretary
determines that a proposed project or activity under the
demonstration project is not consistent with the requirements
of this Act and the Charter, the Secretary may not approve the
proposed project or activity unless--
(A) the project or activity is revised so as to be
compatible with the Charter; or
(B) the Charter is amended, by the Secretary and a
majority of the members of the council, so that the
project or activity is compatible with the charter.
(f) Challenge.--
(1) Authority to file.--If an individual or entity that
meets the standing requirements necessary to challenge a
determination of the Secretary under subsection (e) disagrees
with the Secretary's determination regarding the compatibility
of a project or activity with the Charter, the person may file
a predecisional objection under section 7 with the Secretary.
(2) Response.--If the Secretary, after consultation with
the council, agrees with the appellant that the project or
activity is not compatible with the Charter, the Secretary may
not conduct the project or activity unless--
(A) the project or activity is revised, as provided
in subsection (e)(2)(A); or
(B) the Charter is amended, as provided in
subsection (e)(2)(B).
SEC. 7. PREDECISIONAL REVIEW PROCESS FOR DEMONSTRATION PROJECT.
(a) In General.--The Secretary shall promulgate rules to establish
a predecisional review process that would be used during the term of
Charter forest demonstration project in connection with site-specific
projects for the covered National Forest System lands.
(b) Required Elements of Predecisional Review.--
(1) Notice.--The rules required by subsection (a) shall
provide for notice of a proposed decision and an opportunity to
request review before a final decision on a site-specific
project is made.
(2) Right to request a predecisional review.--For a period
not to exceed 30 days from the date notice is provided pursuant
to paragraph (1), review of a proposed decision may be
requested by any individual or entity, but only if the
individual or entity is resident or domiciled in the State of
Colorado.
(3) Completion of review.--The review of a request for
predecisional review shall be completed before issuance of a
final decision regarding the project at issue. The review shall
be completed within 30 days after the date the request was
submitted.
(c) Exemption.--The Secretary may exempt any proposed decision
responding to an unexpected or serious event that would provide relief
from hazards threatening human health, property, and safety, natural
resources, forest health, or to provide for rehabilitation and recovery
of forest resources, from the predecisional review rules prescribed
under this section.
(d) Exhaustion of Predecisional Review Process.--Notwithstanding
any other provision of law, an individual or entity must exhaust the
predecisional review process before the individual or entity may bring
an action in court challenging a site-specific project under the
demonstration project.
(e) Presumption.--In any predecisional review of a management
activity under the demonstration project, the official or
administrative entity responsible for the review or the court with
jurisdiction over litigation resulting from the review shall give
deference to the expert judgment of the Secretary in identifying and
interpreting the scientific data that is the basis for the activity.
(f) Relation to Forest Service Decision Making and Appeals
Reform.--Section 322 of the Department of the Interior and Related
Agencies Appropriations Act, 1993 (Public Law 102-381; 16 U.S.C. 1612
note), shall not apply to activities conducted under the demonstration
project.
SEC. 8. STEWARDSHIP CONTRACTING AUTHORITY.
(a) Use of Existing Demonstration Authority.--During the term of
the Charter forest demonstration project, the Secretary may enter into
stewardship and end result contracts for the covered National Forest
System lands in accordance with section 347 of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (as contained in
section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104
note), to accomplish the land management goals specified in subsection
(b) of such section.
(b) Additional Contracts.--The contracts entered into under the
authority of subsection (a) shall be in addition to the stewardship and
end result contracts authorized under such section 347, section 338 of
the Department of the Interior and Related Agencies Appropriations Act,
2001 (Public Law 106-291; 16 U.S.C. 2104 note), or any other provision
of law.
SEC. 9. RETENTION AND USE OF RECEIPTS.
(a) Retention.--During the term of the Charter forest demonstration
project, the Secretary shall retain the monetary proceeds from
commercial timber sales, special use permit fees, and all other
receipts derived from the covered National Forest System lands and any
funds appropriated with respect to the covered National Forest System
lands. Such receipts and funds shall not be subject to overhead
assessments.
(b) Use.--The Secretary shall use the funds for projects for the
covered National Forest System lands, with priority placed on projects
related to forest health, insect eradication, environmental
restoration, watershed protection, hazardous fuels reduction, and
disease and invasive species control.
(c) Role of Council.--The Secretary shall consult with the council
in selecting projects under this section.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS; OFFSET.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $5,000,000 for each of the fiscal years
2009 through 2019 to implement this Act.
(b) Sense of Congress Regarding Offset.--It is the sense of
Congress that, to offset the funds appropriated to implement this Act
for a fiscal year, the Forest Service land acquisition budget for that
fiscal year should be reduced by an equal amount.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
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