II

106TH CONGRESS

1ST SESSION S. 1320

To provide to the Federal land management agencies the authority and

capability to manage effectively the Federal lands, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 1, 1999

Mr. CRAIG introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

A BILL

To provide to the Federal land management agencies the

authority and capability to manage effectively the Federal lands, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Public Lands Planning and Management Improvement

6 Act of 1999’’.

7 (b) TABLE OF CONTENTS.—The table of contents of

8 this Act is as follows:

Sec. 1. Short title, table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.
2

S 1320 IS

Sec. 4. Supplemental authority.

Sec. 5. Transition.

TITLE I—ENSURING THE EFFECTIVENESS AND

IMPLEMENTATION OF FEDERAL LAND PLANNING

Sec. 101. Purposes.

PART A—IN GENERAL

Sec. 102. Mission of the land management agencies.

Sec. 103. Scientific basis for Federal lands decisions.

PART B—RESOURCE MANAGEMENT AND MANAGEMENT ACTIVITY PLANNING

Sec. 104. Levels of Planning.

Sec. 105. Contents of planning and allocation of decisions to each planning level.

Sec. 106. Planning deadlines.

Sec. 107. Plan amendments and revisions.

Sec. 108. Consideration of communities dependent on Federal lands and resources.

Sec. 109. Ecosystem management principles.

PART C—ENCOURAGEMENT OF COLLABORATIVE PLANNING

Sec. 110. Participation of local multi-interest committees.

Sec. 111. Citizen petitions for plan amendments or revisions.

Sec. 112. Notice and comment on management activities.

PART D. CONSIDERATION AND DISCLOSURE OF BUDGET AND FUNDING

EFFECTS

Sec. 113. Disclosure of funding constraints on planning and management.

Sec. 114. Fully allocated costs.

Sec. 115. Budget and cost disclosures.

PART E—MONITORING AND ADAPTIVE MANAGEMENT

Sec. 116. Monitoring.

Sec. 117. Adaptive management and other changes due to monitoring.

Sec. 118. Monitoring funds.

PART F—PLANNING-RELATED ASSESSMENTS

Sec. 119. Purpose and authorization of ecoregion and other assessments.

Sec. 120. Status, effect, and application of assessments.

Sec. 121. Reports to Congress on assessments.

PART G—CHALLENGES TO PLANNING

Sec. 122. Administrative appeals.

Sec. 123. Judicial review.

TITLE II—COORDINATION AND COMPLIANCE WITH OTHER

ENVIRONMENTAL LAWS

Sec. 201. Purposes.

Sec. 202. Environmental analysis.

Sec. 203. Wildlife protection.
3

S 1320 IS

Sec. 204. Water quality protection.

Sec. 205. Air quality protection.

Sec. 206. Meetings with users of the Federal lands.

TITLE III—DEVELOPMENT OF A GLOBAL RENEWABLE

RESOURCES ASSESSMENT

Sec. 301. Purposes.

Sec. 302. Global Renewable Resources Assessment.

Sec. 303. National Council on Renewable Resources Policy.

Sec. 304. Repeal of certain provisions of the Forest and Rangeland Renewable

Resources Planning Act.

TITLE IV—ADMINISTRATION

PART A—IN GENERAL

Sec. 401. Confirmation of the Chief of the Forest Service.

Sec. 402. Interagency transfer and interchange authority.

Sec. 403. Commercial film and photography fees.

Sec. 404. Forest Service visitor facilities improvement demonstration program.

Sec. 405. Fees for linear rights-of-way.

Sec. 406. Fees for processing records requests.

Sec. 407. Off-budget study.

Sec. 408. Exemption from strict liability for the recovery of fire suppression

costs.

PART B—NON-FEDERAL LANDS

Sec. 409. Access to adjacent or intermingled non-Federal lands.

Sec. 410. Exchanges of Federal lands for non-Federal lands.

PART C—THE FOREST RESOURCE

Sec. 411. Timber sale preparation user fee.

Sec. 412. Forest health credits in sales of forest products.

Sec. 413. Special funds.

Sec. 414. Private contractors.

Sec. 415. Timber and special forest products.

TITLE V—MISCELLANEOUS

Sec. 501. Regulations.

Sec. 502. Authorization for appropriations.

Sec. 503. Effective date.

Sec. 504. Savings clauses.

Sec. 505. Severability.

1 SEC. 2. FINDINGS.

2 The Congress finds as follows:

3 (1) The Bureau of Land Management, Depart4 ment of the Interior, and the Forest Service, De5 partment of Agriculture, are comprised of profes-
4

S 1320 IS

1 sionals with considerable expertise and judgment to

2 manage Federal lands within their jurisdictions.

3 (2) In 1976, the Congress enacted the Federal

4 Land Planning and Management Act and the Na5 tional Forest Management Act which declared mul6 tiple use and sustained yield to be the basic prin7 ciples under which the two land management agen8 cies are to manage their Federal lands.

9 (3) These principles of multiple use and sus10 tained yield enjoy strong support from the American

11 public and among the diverse stakeholders in Fed12 eral land management.

13 (4) These same Management Acts established

14 resource management planning processes as the

15 method for engaging the land management agencies’

16 expertise and professional judgment in, applying the

17 multiple use and sustained yield principles to, and

18 obtaining the views of the public on, management of

19 these Federal lands.

20 (5) Nevertheless, as documented by the Com21 mittee of Scientists established by the Secretary of

22 Agriculture in the March 15, 1999 report entitled

23 ‘‘Sustaining the People’s Lands: Recommendations

24 for Stewardship of the National Forest and Grass25 lands into the Next Century’’ and by the authors of
5

S 1320 IS

1 an April 1999 report commissioned by the Society of

2 American Foresters entitled ‘‘Forest Discord: Op3 tions for Governing Our Forests and Federal Public

4 Lands,’’ in the two decades since the Management

5 Acts were passed, fundamental flaws in the planning

6 and decision making processes established by these

7 Acts have become apparent and have caused all

8 stakeholders, whether they favor resource protection

9 or resource extraction, to express increasing dis10 satisfaction with and distrust of these processes.

11 (6) The report of the Committee of Scientists

12 and the report commissioned by the Society of

13 American Foresters concurred with these numerous

14 flaws threaten the integrity of the Federal lands

15 planning and decision making processes and under16 mine the ability of the agencies to fulfill their statu17 tory land management responsibilities and accom18 plish management that is well grounded in science.

19 (7) The intent of the Congress that the land

20 management agencies would complete the planning

21 required by the Management Acts within a discrete

22 time frame and the new resource management plans

23 would provide secure guidance for subsequent man24 agement activities has not been met.
6

S 1320 IS

1 (8) Although mid-eighties deadlines were set by

2 statute or regulation for completing the new re3 source management plans, initial planning remains

4 unfinished more than two decades after enactment

5 of the Management Acts even as new planning is un6 dertaken.

7 (9) The land management agencies are engaged

8 in a perpetual cycle of planning through the contin9 uous preparation of interim policies, plan amend10 ments, and plan revisions that precludes the provi11 sion to both agency professionals and the public of

12 any secure guidance for predictable management of

13 the Federal lands.

14 (10) Although the Management Acts antici15 pated and directed that only two layers of plan16 ning—multiple-use resource management planning

17 for each national forest, Bureau of Land Manage18 ment district, or other designated planning unit, and

19 site-specific planning for management activities—be

20 undertaken, the agencies have engaged in planning

21 at multiple layers—regional, ecoregion, watershed,

22 etc.—without license or direction from statute or

23 regulation.

24 (11) As described in the report commissioned

25 by the Society of American Foresters, the Manage-
7

S 1320 IS

1 ment Acts do not assign particular decisions to spe2 cific levels of planning, thereby resulting in repeti3 tious or haphazard decision making in an ‘‘ambig4 uous’’ decision making process.

5 (12) These new layers of planning have not

6 been applied uniformly on the Federal lands; fre7 quently have ignored the multiple use mandates of

8 the Management Acts and, instead, have focused

9 narrowly on a single resource, even a single species

10 of wildlife; have been undertaken without consistent

11 agency-wide direction; have been conducted without

12 the meaningful opportunities for public participation

13 established for planning by the Management Acts;

14 and have resulted in guidance that often conflicts

15 with the planning that is prescribed by the Manage16 ment Acts.

17 (13) As described in the report commissioned

18 by the Society of American Foresters, the proce19 dures and requirements of other environmental laws

20 often burden with increased costs and delays, con21 flict with, and frustrate the planning and manage22 ment processes established by the Management Acts;

23 effectively transfer the planning and management

24 decision making authority from the professionals in

25 the land management agencies to officials of other
8

S 1320 IS

1 agencies; and sanction decisions by those officials

2 who are not expert in land management and are less

3 familiar with the affected resources, activities, and

4 sites. Without doubt, Congress has failed to rec5 oncile the procedures and requirements of other en6 vironmental laws with the planning and management

7 processes established by the Management Acts.

8 (14) Both the report of the Committee of Sci9 entists and the report commissioned by the Society

10 of American Foresters found that the land manage11 ment agencies conduct their planning without regard

12 to the funding likely to be available for plan imple13 mentation, and that the agencies’ budgets and ap14 propriations of Congress are not linked to the agen15 cies’ plans.

16 (15) Increasingly, even after the land manage17 ment agencies reach decisions on the planning and

18 management of Federal lands the implementation of

19 those decisions is barred by administrative appeals

20 and litigation. These myriad administrative appeals

21 and lawsuits have delayed substantially completion

22 of planning; encumbered and, at times, paralyzed

23 plan implementation and management activities;

24 drained scarce agency resources; and, on several oc25 casions, compelled the Congress to enact emergency
9

S 1320 IS

1 provisions to restore land management authority to

2 the agencies.

3 (16) The loss in goods and services from Fed4 eral lands resulting from these numerous flaws in

5 Federal land planning and decision making has in6 creased this Nation’s dependency on foreign sources

7 for certain resources and has encouraged imports

8 from countries with land management policies and

9 priorities that are far less environmentally respon10 sive than those applicable to the Federal lands.

11 (17) As described in the report of the Com12 mittee of Scientists, new concepts in Federal land

13 planning and management, such as ecosystem man14 agement and adaptive management, have developed

15 since passage of the Management Acts. Yet, these

16 new concepts are being imposed on or incorporated

17 in Federal land planning and management without

18 adequate statutory authority.

19 (18) New processes developed by stakeholders

20 to better participate in Federal land planning and

21 decision making, such as the community-based col22 laborative deliberations of the Quincy Library Group

23 and Applegate Partnership, are not recognized or

24 encouraged by the Management Acts.
10

S 1320 IS

1 (19) The provisions of section 322 of Public

2 Law 102–381 (106 Stat. 1419) requiring the Forest

3 Service to provide notice and an opportunity for

4 public comment on, and establish a streamlined ad5 ministrative appeals process for, management activi6 ties have expired and these well-received congres7 sional requirements for inviting public comment and

8 processing administrative appeals should be restored

9 and expanded to include decisions concerning plan10 ning, as well as decisions on management activities,

11 made by the Bureau of Land Management, as well

12 as the Forest Service.

13 (20) The Management Acts were passed at a

14 time when the ecosystems on the Federal lands were

15 regarded generally as healthy, but now critical wa16 tersheds have become degraded, numerous species

17 are declining because of significant habitat loss, and

18 many, extensive forested areas are undergoing or are

19 threatened by an unprecedented forest health crisis.

20 (21) Although the Management Acts and their

21 implementing regulations contain detailed instruc22 tions to the land management agencies on planning

23 procedures and contents, they are virtually silent in

24 providing guidance or authority to enable the agen25 cies to implement resource management plans,
11

S 1320 IS

1 thereby devaluing the term ‘‘Management’’ common

2 to both titles of both statutes.

3 (22) The report of the Committee of Scientists

4 judged monitoring to be a ‘‘key component of plan5 ning.’’ Yet both that report and the report commis6 sioned by the Society of American Foresters found

7 that the land management agencies neither incor8 porated monitoring into planning procedures nor

9 conducted adequate monitoring to determine wheth10 er the planning has been properly implemented or

11 whether conditions have changed sufficiently to war12 rant new planning in accordance with the concept of

13 adaptive management.

14 (23) These numerous flaws in the laws per15 taining to Federal land management and in the

16 planning and decision making for Federal lands,

17 particularly the multiple layers and perpetual exist18 ence of planning, the increasing intervention of other

19 agencies, and the constant barrage of administrative

20 and judicial challenges, have escalated the land man21 agement agencies’ costs of managing the Federal

22 lands even as their ability to secure actual manage23 ment accomplishments on these lands has dimin24 ished substantially.
12

S 1320 IS

1 (24) All stakeholders have incurred injuries—

2 both environmental and economic—from these plan3 ning and decision making flaws, but none more than

4 the local resource-dependent communities, which

5 have little or no protection under the Management

6 Acts and have experienced the loss of wages, reve7 nues, and public services, and resultant social insta8 bility.

9 (25) As described in the United States General

10 Accounting Office report, ‘‘Forest Service Decision11 making: A Framework for Improving Performance,’’

12 April 1997, these flaws in the laws pertaining to

13 Federal land management and in the planning and

14 decision making for Federal lands, and the increas15 ing distrust in the laws and decision making experi16 enced by virtually all stakeholders in the Federal

17 lands, have both contributed to and been com18 pounded by the lack of a clear mission statement for

19 the land management agencies.

20 (26) Additional Congressional direction for the

21 planning of, and implementation of planning on, the

22 Federal lands is required to ensure that the predict23 ability in Federal land management intended by the

24 Management Acts is achieved, that the land manage25 ment agencies are able to exercise fully their consid-
13

S 1320 IS

1 erable management expertise and judgment, that au2 thority is provided for use of ecosystem management

3 and other new concepts of land planning and man4 agement, that planning and management decisions

5 are made in a collaborative manner which ensures

6 the public is heard, and that the adverse environ7 mental effects and economic and social dislocation

8 which result from the present flaws in the planning

9 processes are avoided.

10 SEC. 3. DEFINITIONS.

11 (a) SPECIFIC TERMS.—As used in this Act, the

12 term—

13 (1) ‘‘Agencies’’ or ‘‘Agency’’ means the Bureau

14 of Land Management, Department of the Interior,

15 with respect to the lands described in paragraph

16 (4)(A), and/or the Forest Service, Department of

17 Agriculture, with respect to the lands described in

18 paragraph (4)(B).

19 (2) ‘‘Committees of Congress’’ means the Com20 mittee on Resources and Committee on Agriculture

21 of the House of Representatives, and the Committee

22 on Energy and Natural Resources and the Com23 mittee on Agriculture, Nutrition, and Forestry of

24 the United States Senate;
14

S 1320 IS

1 (3) ‘‘ecosystem management’’ means an ap2 proach to implementation of the principles of multi3 use and sustained-yield on the Federal lands which

4 employs current understanding of ecosystem proc5 esses to evaluate the effects of management strate6 gies on ecosystem health, sustainability, and produc7 tivity in conjunction with attainment of planned out8 puts of goods, services, and amenities; the effective9 ness of management strategies in pursuing and

10 achieving ecological, economic, and social sustain11 ability on Federal lands, and contributing to such

12 sustainability on a national and international scale.

13 (4) ‘‘Federal lands’’ means—

14 (A) those lands managed by the Bureau of

15 Land Management and defined in section

16 103(e) of the Federal Land Policy and Manage17 ment Act of 1976 (43 U.S.C. § 1702(e)); and

18 (B) those lands in the National Forest

19 System, including units of the national grass20 lands, managed by the Forest Service and de21 fined in section 11(a) of the Forest and Range22 land Renewable Resources Planning Act of

23 1974 (16 U.S.C. § 1609(a));
15

S 1320 IS

1 (5) ‘‘non-Federal lands’’ means lands, other

2 than Federal lands, owned or administered by the

3 federal government and lands of other ownership;

4 (6) ‘‘resource management plans’’ means land

5 use plans prepared by the Bureau of Land Manage6 ment for units of the Federal lands described in

7 paragraph (4)(A) pursuant to section 202 of the

8 Federal Land Policy and Management Act of 1976

9 (43 U.S.C. § 1712) and this Act, and land and re10 source management plans prepared by the Forest

11 Service for units of the lands described in paragraph

12 (4)(B) pursuant to section 6 of the Forest and

13 Rangeland Renewable Resources Planning Act of

14 1974, as amended by the National Forest Manage15 ment Act of 1976 (16 U.S.C. § 1604), and this Act;

16 and

17 (7) ‘‘Secretaries’’ or ‘‘Secretary’’ means the

18 Secretary of the Interior with respect to the Federal

19 lands described in paragraph (4)(A) and/or the Sec20 retary of Agriculture with respect to the Federal

21 lands described in paragraph (4)(B).

22 (b) OTHER TERMS.—Terms used in this Act shall

23 have the same meaning they are accorded in the Federal

24 Land Policy and Management Act of 1976 (43 U.S.C.

25 § 1701 et seq.) with respect to the Federal lands described
16

S 1320 IS

1 in subsection (a)(4)(A) and in the Forest and Rangeland

2 Renewable Resources Planning Act of 1974 (16 U.S.C.

3 § 1600 et seq.) with respect to the Federal lands described

4 in subsection (a)(4)(B).

5 SEC. 4. SUPPLEMENTAL AUTHORITY.

6 The provisions of this Act apply to all Federal lands

7 and supplement the Federal Land Policy and Management

8 Act of 1976 (43 U.S.C. § 1701 et seq.), the Forest and

9 Rangeland Renewable Resources Planning Act of 1974, as

10 amended by the National Forest Management Act of 1976

11 (16 U.S.C. § 1600 et seq.), and other laws applicable to

12 the Federal lands. Except as otherwise provided in this

13 Act, in the event of conflict or inconsistency between this

14 Act and the Federal Land Policy and Management Act

15 of 1976 or the Forest and Rangeland Renewable Re16 sources Planning Act of 1974, this Act shall prevail. For

17 any Federal lands designated as units of the National Wil18 derness Preservation System, National Wild and Scenic

19 Rivers System, or National Trails System, the provisions

20 of law governing management of those systems or specific

21 units shall prevail whenever such provisions conflict or are

22 inconsistent with this Act.

23 SEC. 5. TRANSITION.

24 Except as otherwise provided in this Act, any plan,

25 policy, or guidance of the Agencies with respect to the
17

S 1320 IS

1 Federal lands in effect on the date of enactment of this

2 Act shall continue to apply to such lands until such plan,

3 policy, or guidance is revised, changed, modified, or termi4 nated in accordance with the provisions of this Act.

5 TITLE I—ENSURING THE EFFEC6 TIVENESS AND IMPLEMENTA7 TION OF FEDERAL LAND

8 PLANNING

9 SEC. 101. PURPOSES.

10 The purposes of this title are to establish a mission

11 for the Agencies in the management of the Federal lands;

12 to provide Congressional direction on, and eliminate fun13 damental flaws in, the conducting and implementing of

14 planning for the Federal lands; to avoid the environ15 mental, economic, and social injuries that result from

16 those flaws and the past absence of direction; and to

17 achieve predictability in the management of, and timely

18 and cost-effective accomplishment of management activi19 ties on, the Federal lands.

20 PART A—IN GENERAL

21 SEC. 102. MISSION OF THE LAND MANAGEMENT AGENCIES.

22 The mission of the Secretary of Agriculture and the

23 Forest Service, and of the Secretary of the Interior and

24 the Bureau of Land Management, shall be to manage the

25 Federal lands under their respective jurisdictions to assure
18

S 1320 IS

1 the health, sustainability, and productivity of the lands’

2 ecosystems; consistent with this objective, to furnish a sus3 tainable flow of multiple goods, services, and amenities;

4 to preserve or establish a full range and diversity of nat5 ural habitats of native species in a dynamic manner over

6 the landscape; and, where necessary or appropriate, to

7 designate discrete areas to conserve certain resources or

8 allow certain uses.

9 SEC. 103. SCIENTIFIC BASIS FOR FEDERAL LANDS DECI10 SIONS.

11 In rendering decisions concerning resource manage12 ment plans for and management activities on Federal

13 lands, each Secretary shall utilize the best scientific and

14 commercial data available to the Secretary.

15 PART B—RESOURCE MANAGEMENT AND

16 MANAGEMENT ACTIVITY PLANNING

17 SEC. 104. LEVELS OF PLANNING.

18 (a) PLANNING LEVELS.—Subject to subsection (c),

19 the Secretaries shall conduct no more than two levels of

20 planning for the Federal lands, comprised of—

21 (1) multiple-use planning in the form of re22 source management plans for planning units des23 ignated pursuant to subsection (b); and

24 (2) site-specific or area-specific planning for

25 management activities.
19

S 1320 IS

1 (b) PLANNING UNIT SIZE.—Each Secretary may des2 ignate planning units of whatever geographic size, ecologi3 cal scale, and number the Secretary deems appropriate.

4 (c) OTHER ANALYSES OR ASSESSMENTS.—Pursuant

5 to section 119, each Secretary may conduct assessments

6 for regions or other geographical areas that are not plan7 ning units designated pursuant to subsection (b), and may

8 apply the results of such analyses or assessments to the

9 affected Federal lands by amendment to or revision of re10 source management plans for the planning units encom11 passing such lands in accordance with section 120(b),

12 other applicable provisions of this Act, and other applica13 ble law.

14 (d) NONCOMPLYING PLANS.—(1) Consistent with

15 subsection (a), the Secretaries shall have 3 years from the

16 date of enactment of this Act to amend or revise in accord17 ance with this Act the resource management plans and

18 management activity plans described in subsection (a) to

19 incorporate, where appropriate and with such modifica20 tions as may be warranted, any policies which may be ap21 plicable to the Federal lands subject to, but which are con22 tained in plans other than, such resource management

23 plans and management activity plans.
20

S 1320 IS

1 (2) Except as provided in paragraph (3), all plans

2 other than the plans described in subsection (a) shall ter3 minate 3 years from the date of enactment of this Act.

4 (3) A plan other than a plan described in subsection

5 (a) shall no longer apply to Federal lands in a planning

6 unit upon its termination date established by paragraph

7 (2) or when the resource management plan or manage8 ment activity plan for such lands has been amended or

9 revised pursuant to paragraph (1), whichever is earlier.

10 SEC. 105. CONTENTS OF PLANNING AND ALLOCATION OF

11 DECISIONS TO EACH PLANNING LEVEL.

12 (a) PLAN CONTENTS.—(1)(A) Each resource man13 agement plan shall contain the following basic elements:

14 (i) A statement of goals and objectives for the

15 management of the Federal lands to which the plan

16 applies during the term of the plan;

17 (ii) The classification for suitable types of re18 source management of, or allocation of land uses to,

19 areas of the Federal lands to which the plan applies

20 for the term of the plan;

21 (iii) Determinations of outputs of goods and

22 services from the Federal lands to which the plan

23 applies annually and for the term of the plan;

24 (iv) Policies and standards necessary to ensure

25 compliance with the requirements of this Act and
21

S 1320 IS

1 other applicable law for the conservation of the re2 sources and protection of the environment on the

3 Federal lands to which the plan applies: Provided,

4 That, to the extent feasible consistent with this Act

5 and other applicable law, such policies and standards

6 shall avoid the application of prescriptive require7 ments generally applicable to the planning unit and,

8 instead, shall provide guidance for the determina9 tion, during the planning for each management ac10 tivity, of specific requirements that are addressed to

11 the precise conditions of the lands and resources to

12 be affected by such activity; and

13 (v) A description of the desired future condi14 tions of the Federal lands subject to the plan, a

15 statement of the expected durations of time nec16 essary to achieve such conditions consistent with the

17 other basic elements of the plan described in this

18 subparagraph, and a discussion of how such ele19 ments assist in the achievement of such conditions.

20 (B) Each of the basic elements described in subpara21 graph (A) shall be accorded equal consequence by the Sec22 retary, and no one element shall be elevated or given pref23 erence over any other element in the resource management

24 plan or in the management of the Federal lands to which

25 the plan applies.
22

S 1320 IS

1 (C) To the extent feasible, each of the basic elements

2 described in subparagraph (A) shall be set forth in the

3 resource management plan in a manner that provides a

4 basis for monitoring pursuant to section 116 and adaptive

5 management pursuant to section 117.

6 (2) Each resource management plan also shall—

7 (A) contain a statement of historical uses, and

8 trends in conditions, of the resources on the Federal

9 lands subject to the plan;

10 (B) compare and contrast the projected results

11 of the basic elements described in paragraph (1)(A)

12 with recent performance by the Agency on the Fed13 eral lands subject to the plan and discuss in detail

14 any significant change in direction that is proposed

15 or expected, including any steps that will be taken

16 to ameliorate any adverse economic, social, or envi17 ronmental consequences that will or could result

18 from such change;

19 (C) a schedule and procedure, including the

20 type, location, and intensity of measurements need21 ed, for monitoring the implementation of the plan,

22 the management of the Federal lands subject to the

23 plan, and trends in the conditions and use of re24 sources on the Federal lands subject to the plan, as

25 required by section 116; and
23

S 1320 IS

1 (D) criteria for determining what circumstances

2 on the Federal lands subject to the plan warrant

3 adaptive management of the resources of such lands

4 pursuant to section 116(a)(3) and section 117(c).

5 (b) ASSIGNMENT OF DECISIONS TO PLANNING LEV6 ELS.—(1)(A) Each Secretary shall promulgate regulations

7 that assign to each level of planning for Federal lands au8 thorized by section 104(a) the analyses and decisions to

9 be conducted or made at that level.

10 (B) All analysis and decisions to be assigned by or

11 pursuant to this subsection to a particular level of plan12 ning for Federal lands shall be conducted or made solely

13 at that level and may not be conducted or made, or recon14 sidered, at the level to which they are not assigned.

15 (2) The regulations required by paragraph (1) shall

16 provide that, among other matters—

17 (A) in a resource management plan: in addition

18 to the matters specified in subsection (a) and sec19 tions 108, 109, 112, and 113, resource inventories

20 and analyses of cumulative effects of planning deci21 sions and subsequent management activities on the

22 various resources (including water quality) and val23 ues of the Federal lands to which the plan applies

24 shall be conducted; the relationship of the plan to

25 relevant State and local plans shall be discussed;
24

S 1320 IS

1 Federal land which may be exchanged or otherwise

2 made available for disposal shall be identified; and

3 decisions concerning wilderness, lands unsuitable for

4 certain activities, and visual objectives, shall be

5 made; and

6 (B) in the planning for a specific management

7 activity: analyses of site-specific resources and ef8 fects shall be conducted; decisions concerning the de9 sign of and requirements for the activity, including

10 decisions related to water quality effects of the activ11 ity, method for harvesting forest products, and rev12 enue benefits of the activity, shall be made; and a

13 schedule and procedures for monitoring the effects

14 of the activity shall be established.

15 SEC. 106. PLANNING DEADLINES.

16 (a) IN GENERAL.—Except as provided in section

17 104(d), the deadlines for completing planning and man18 agement activities and all decisions associated therewith

19 on Federal lands shall be—

20 (1) for preparation of a resource management

21 plan, 36 months;

22 (2) for development of an amendment to a re23 source management plan which is determined to be

24 significant, 18 months, and for development of an
25

S 1320 IS

1 amendment to a resource management plan which is

2 determined not to be significant, 12 months;

3 (3) for revision of a resource management plan,

4 30 months; and

5 (4) for a decision on a management activity

6 which is determined to be significant in accordance

7 with regulations that define significant, 12 months,

8 and for a decision on a management activity which

9 is determined to be not significant in accordance

10 with regulations that define not significant, 9

11 months.

12 (b) DEADLINE FOR SUBMISSION TO CONGRESS.—

13 The deadline established in subsection (a) for any activity

14 or decision deemed to be a ‘‘rule’’ as defined in 5 U.S.C.

15 § 804(3) applies to the date on which such activity or deci16 sion is submitted to each House of the Congress and the

17 Comptroller General pursuant to 5 U.S.C. § 801(a)(1)(A).

18 SEC. 107. PLAN AMENDMENTS AND REVISIONS.

19 (a) INCONSISTENT OR CONFLICTING PLAN PROVI20 SIONS OR FEDERAL LANDS POLICIES OR DECISIONS.—

21 Except by amendment to or revision of the applicable re22 source management plan or as provided in subsection (c),

23 no policy may be applied to or decision made on a manage24 ment activity on the Federal lands subject to the plan if

25 that policy or decision is inconsistent with any provision
26

S 1320 IS

1 of the plan, including any basic element described in sec2 tion 105(a)(1)(A).

3 (b) PLAN CONTRIBUTION STATEMENT.—Each Sec4 retary shall report in writing in each decision to undertake

5 a management activity on the Federal lands that such de6 cision contributes to, or at a minimum does not preclude,

7 achievement of any of the basic elements of the applicable

8 resource management plan described in section

9 105(a)(1)(A) or take such action as required by subsection

10 (c)(1).

11 (c) RESTORING PLAN CONFORMITY; MAKING RE12 QUIRED PLANNING CHANGES.—(1) Whenever, as a result

13 of monitoring the implementation of a resource manage14 ment plan pursuant to section 116, planning a manage15 ment activity on Federal lands to which the plan applies,

16 or other circumstance, the Secretary concerned determines

17 that a conflict exists between any of the provisions of the

18 plan or that a policy or decision the Secretary would other19 wise establish or make is inconsistent with a provision of

20 the plan, whether the provision concerns a goal or objec21 tive, land allocation, output determination, environmental

22 policy or standard, or desired future condition, the Sec23 retary shall initiate immediately the process to amend or

24 review the plan to eliminate the conflict, inconsistency, or

25 departure: Provided, That the Secretary may waive for a
27

S 1320 IS

1 single specific management activity within any class of

2 management activities any provision in a resource man3 agement plan without an amendment to or revision of the

4 plan if such provision does not implement a nondis5 cretionary statutory requirement, no waiver of such provi6 sion has been provided previously during the term of the

7 plan for any activity within such class of management ac8 tivities, and the Secretary determines in writing that the

9 waiver is in the public interest.

10 (2) Any change in the management of any Federal

11 lands that is required by a law enacted, regulation promul12 gated, or court order issued, or is warranted by new infor13 mation that becomes available, after the adoption of the

14 resource management plan which applies to such lands

15 shall be effected by an amendment to or revision of the

16 plan, and, except where the Secretary determines such law

17 or court order requires otherwise and publishes the deter18 mination in the Federal Register, shall not become effec19 tive until a final decision is made on the amendment or

20 revision.

21 (d) PLAN REVISIONS.—Whenever a resource manage22 ment plan is revised, the Secretary shall consider all provi23 sions of the plan and all Federal lands and resources sub24 ject to the plan in the decision and environmental analysis

25 documents associated with the revision and may not ad-
28

S 1320 IS

1 dress only those particular provisions, lands, or resources

2 which may be identified by the Agency, any other Federal

3 agency, or any segment of the public at the time of revi4 sion as requiring review or alteration.

5 (e) CONTINUATION OF MANAGEMENT ACTIVITIES

6 DURING PLANNING.—(1) No management activities shall

7 be stayed during the process of preparing an amendment

8 to or revision of a resource management plan in anticipa9 tion of changes to be made by the amendment or revision,

10 except as otherwise required by this Act, court order, or

11 a formal declaration of the Secretary published in the Fed12 eral Register: Provided, That a specific management activ13 ity may be stayed by the responsible agency official for

14 a purpose that is unrelated to the purpose or likely effect

15 of the amendment or revision.

16 (2) The authority of the Secretary to make a formal

17 declaration pursuant to paragraph (1) may not be dele18 gated.

19 (3) Except as provided in paragraph (1) or required

20 by court order, an amendment to or revision of a resource

21 management plan shall not become effective until final de22 cisions on management activities on the Federal lands to

23 which the plan applies that are scheduled to be made dur24 ing the amendment or revision process have been made.
29

S 1320 IS

1 SEC. 108. CONSIDERATION OF COMMUNITIES DEPENDENT

2 ON FEDERAL LANDS AND RESOURCES.

3 (a) RESPONSIBILITY FOR CONSIDERATION OF COM4 MUNITIES.—In preparing, amending, or revising a re5 source management plan, the Secretary shall consider if,

6 and explain whether, the plan maintains to the maximum

7 extent feasible under this Act and other applicable law the

8 stability of each community dependent on the commodity

9 or non-commodity resources of the Federal lands to which

10 the plan applies.

11 (b) PROCEDURE.—The Secretary shall conduct dur12 ing, and publish in the environmental analysis document

13 prepared in, the process of developing a resource manage14 ment plan, or an amendment to or revision of such a plan,

15 an analysis for each community dependent on the com16 modity or non-commodity resources of the Federal lands

17 to which the plan applies that—

18 (1) examines the impacts of planning alter19 natives on the community, including its revenues

20 and budget, the level and quality of its public serv21 ices, wages for its residents, and its social condi22 tions:

23 (2) explains how resource allocations for the

24 planning alternatives would comport with or differ

25 from historic community expectations; and
30

S 1320 IS

1 (3) describes how those impacts were considered

2 in selecting a preferred alternative.

3 (c) DEFINITION.—The term ‘‘community dependent

4 on the commodity or non-commodity resources of the Fed5 eral lands’’ means a community which is located in a prox6 imity to Federal lands and is significantly affected so7 cially, economically, or environmentally by the allocation

8 of uses affecting one or more of the commodity or non9 commodity resources of those lands.

10 (d) REGULATIONS.—The Secretaries, in consultation

11 with the Secretaries of Commerce and Labor, shall estab12 lish by regulations the criteria for identifying communities

13 dependent on the commodity or non-commodity resources

14 of the Federal lands as defined in subsection (c).

15 SEC. 109. ECOSYSTEM MANAGEMENT PRINCIPLES.

16 The Secretaries shall consider and discuss ecosystem

17 management principles in the environmental analysis doc18 uments prepared for resource management plans, and

19 amendments to and revisions of such plans. Such prin20 ciples shall implement section 102, and shall be consistent,

21 and not be authority for noncompliance, with the other

22 requirements of this Act and other law applicable to re23 source management plan documents and decisions.
31

S 1320 IS

1 PART C—ENCOURAGEMENT OF COLLABORATIVE

2 PLANNING

3 SEC. 110. PARTICIPATION OF LOCAL, MULTI-INTEREST

4 COMMITTEES.

5 (a) INDEPENDENT COMMITTEES.—(1) The Secre6 taries shall include and analyze in any documentation

7 under section 102(2) of the National Environmental Pol8 icy Act of 1969 (42 U.S.C. § 4332(2)) related to the devel9 opment of a resource management plan, or an amendment

10 to or revision of such plan, and consider and discuss in

11 any decision document on such plan, amendment, or revi12 sion, any alternative for such plan, amendment, or revision

13 developed by an independent committee of local interests

14 as defined in paragraph (5).

15 (2) If more than two independent committees of local

16 interests are established and submit alternatives pursuant

17 to paragraph (1), the Secretary shall conduct the analysis

18 required by paragraph (1) on the alternative submitted by

19 each of the two committees which the Secretary deter20 mines to be most broadly representative of the various

21 local interests likely to be affected by the plan, amend22 ment, or revision referred to in paragraph (1). The Sec23 retary shall endeavor to consolidate for analysis or other24 wise discuss alternatives propounded by committees other

25 than the two selected committees.
32

S 1320 IS

1 (3) If the entirety or a significant part of an alter2 native of an independent committee of local interests ana3 lyzed pursuant to paragraph (1) is adopted by the Sec4 retary, the Secretary may provide to the committee ade5 quate monies from the appropriate fund established pur6 suant to section 118 or, if such monies are insufficient,

7 appropriated funds to enable the committee to monitor the

8 implementation and effects of the plan, amendment, or re9 vision referred to in paragraph (1) in accordance with the

10 schedule and procedures for monitoring provided in the

11 plan, amendment, or revision pursuant to section

12 105(a)(2)(C).

13 (4) Independent committees of local interests shall

14 not be established or funded by either Secretary and shall

15 not be subject to the provisions of the Federal Advisory

16 Committee Act (5 U.S.C. App.).

17 (5) For purposes of this section ‘‘independent com18 mittee of local interests’’ shall mean a committee of other

19 entity formed by and composed of representatives of two

20 or more interests active on the Federal lands to which the

21 plan, amendment, or revision referred to in paragraph (1)

22 would apply: Provided, That at least one such interest

23 shall be concerned principally with the production of a

24 commodity resource or resources from such lands and at

25 least one such interest shall be concerned principally with
33

S 1320 IS

1 use or protection of a non-commodity resource or re2 sources on such lands.

3 (b) COMMITTEES ESTABLISHED BY THE SECRE4 TARIES.—(1) Each Secretary is authorized and encour5 aged to establish committees corresponding to the plan6 ning units established pursuant to section 104.

7 (2) The membership of each committee established

8 pursuant to paragraph (1) shall be broadly representative

9 of the various local interests likely to be affected by the

10 planning and management of the Federal lands within the

11 planning unit for which the committee is established.

12 (3) Each committee established pursuant to para13 graph (1) is authorized to—

14 (A) advise the Secretary with jurisdiction over

15 the planning unit for which the committee is estab16 lished during the preparation of the resource man17 agement plan, or an amendment to or revision of the

18 plan, applicable to the unit; and

19 (B) monitor the implementation of the plan,

20 amendment, or revision.

21 (4) Each Secretary shall—

22 (A) in accordance with procedures established

23 by regulation, seek the advice of the committees es24 tablished pursuant to paragraph (1) as provided in

25 paragraph (3)(A); and
34

S 1320 IS

1 (B) provide to the committees established pur2 suant to paragraph (1) adequate monies from the

3 appropriate fund established pursuant to section 118

4 or, if such monies are insufficient, appropriated

5 funds to permit the committees to conduct the moni6 toring provided for in paragraph (3)(B).

7 SEC. 111. CITIZEN PETITIONS FOR PLAN AMENDMENTS OR

8 REVISIONS.

9 (a) PETITION FILING.—(1) A person may challenge

10 a resource management plan, or an amendment to or revi11 sion of such plan, after the deadline for filing an adminis12 trative appeal thereof established pursuant to section

13 122(b)(4) solely—

14 (A) on the basis of new information, law, or

15 regulation, as defined in subsection (d), that is perti16 nent to the issue on which the challenge is based;

17 and

18 (B) by a petition to the concerned Secretary for

19 amendment to or revision of the plan.

20 (2) The petition for plan amendment or revision shall

21 be filed in accordance with regulations adopted by the Sec22 retary and may include a request for a stay of any activi23 ties to which the requested amendment or revision would

24 apply.
35

S 1320 IS

1 (b) PETITION DECISION.—(1) The Secretary shall

2 accept or deny in writing a petition pursuant to subsection

3 (a) within 90 days, and any request for a stay within 5

4 days, of receipt of the petition.

5 (2) The decision of the Secretary to accept or deny

6 a petition shall not be subject to section 7 of the Endan7 gered Species Act of 1973 (16 U.S.C. § 1536) or section

8 102 of the National Environmental Policy Act of 1969 (42

9 U.S.C. § 4332).

10 (c) EFFECT OF PETITION DECISION.—(1) If the Sec11 retary accepts a petition pursuant to subsection (b), the

12 amendment or revision process shall begin on the date of

13 acceptance.

14 (2) If the Secretary denies a petition, or any part

15 thereof, or a request for a stay, pursuant to subsection

16 (b), or fails to render a decision on such petition within

17 90 days, or a request for a stay within 5 days, of receipt

18 of the petition, the person who filed the petition may seek

19 immediate judicial review pursuant to section 123.

20 (d) DEFINITION.—For purposes of this section, ‘‘new

21 information, law, or regulation’’ means any material and

22 significant information related to a resource management

23 plan, or an amendment to or revision of such plan, that

24 was not known to and considered by the Secretary in the

25 development of the plan, amendment, or revision, or any
36

S 1320 IS

1 law or regulation not in effect when the decision was made

2 to adopt the plan, amendment, or revision.

3 SEC. 112. NOTICE AND COMMENT ON MANAGEMENT ACTIVI4 TIES.

5 (a) IN GENERAL.—Each Secretary shall establish a

6 notice and comment process for proposed actions of the

7 Agency under the Secretary’s jurisdiction concerning ac8 tivities implementing resource management plans.

9 (b) NOTICE AND COMMENT.—(1) Prior to making a

10 final decision to undertake or authorize an action referred

11 to in subsection (a), the Secretary shall give notice of the

12 proposed action, and the availability of the proposed action

13 for public comment by—

14 (A) promptly mailing notice of the proposed ac15 tion to any person who has requested it in writing,

16 and to persons who are known to have participated

17 in the decisionmaking process; and,

18 (B)(i) in the case of any other action by the

19 Chief, Forest Service, or Director, Bureau of Land

20 Management, publishing notice of the action in the

21 Federal Register; or

22 (ii) in the case of any other action referred to

23 in subsection (a), publishing notice of the action in

24 a newspaper of general circulation that has pre25 viously been identified in the Federal Register as the
37

S 1320 IS

1 newspaper in which notice under this paragraph may

2 be published.

3 (2) Each Secretary shall accept comments on an ac4 tion referred to in subsection (a) within 30 days after the

5 publication in accordance with paragraph (1).

6 PART D—CONSIDERATION AND DISCLOSURE OF

7 BUDGET AND FUNDING EFFECTS

8 SEC. 113. DISCLOSURE OF FUNDING CONSTRAINTS ON

9 PLANNING AND MANAGEMENT.

10 The environmental analysis accompanying each re11 source management plan, or amendment to or revision of

12 a resource management plan, shall consider generally for

13 each alternative, and the decision on such plan shall deter14 mine specifically for the plan, how implementation of the

15 alternative or plan will be affected by, and what goals and

16 objectives, land allocations, outputs, environmental poli17 cies and standards, and desired future conditions as de18 scribed in section 105(a)(1)(A), shall be effective for the

19 alternative or plan within a range of possible levels of

20 funding of Agency programs determined reasonable by the

21 Secretary, with at least one level which provides less funds

22 annually, and one level which provides more funds annu23 ally, than the level of funding for the current fiscal year.
38

S 1320 IS

1 SEC. 114. FULLY ALLOCATED COSTS ANALYSIS.

2 The Secretaries shall specify, in the environmental

3 analysis documents prepared for resource management

4 plans, and amendments to and revisions of such plans, the

5 economic value and fully allocated cost (including foregone

6 revenues), expressed as a user fee or cost-per-beneficiary,

7 of each non-commodity output from the Federal lands to

8 which the plans apply.

9 SEC. 115. BUDGET AND COST DISCLOSURES.

10 (a) PLAN IMPLEMENTATION.—Commencing with the

11 fiscal budget for the fiscal year following enactment of this

12 Act, the requests presented by the President to the Con13 gress governing the planning and management of Federal

14 lands shall include as an appendix to the budget a state15 ment of what funds would be required to achieve 100 per

16 centum of annual outputs specified in, and to otherwise

17 implement fully the basic elements as described in, section

18 105(a)(1)(A) in the resource management plan for each

19 planning unit of the Federal lands.

20 (b) PLAN PREPARATION.—On or before July 1 of

21 each year after the date of enactment of this Act, each

22 Secretary shall submit a report to the Committees of Con23 gress that provides the total cost and costs per function

24 or procedure incurred in the preparation of each resource

25 management plan, significant amendment to or revision

26 of any such plan, and assessment pursuant to section 119,
39

S 1320 IS

1 which is published in the preceding calendar year. Such

2 costs shall include the costs of the Agency responsible for

3 preparation of the plan, amendment, revision, or assess4 ment and of any other Federal agency which participates

5 in the preparation of the plan, amendment, revision, or

6 assessment or prepares an opinion concerning or com7 ments on the compliance of the plan, amendment, revision,

8 or assessment with any Federal law or regulation adminis9 tered by such Federal agency.

10 PART E—MONITORING AND ADAPTIVE

11 MANAGEMENT

12 SEC. 116. MONITORING.

13 (a) IN GENERAL.—Using monies from the Moni14 toring Funds established pursuant to section 118 and,

15 where such monies are insufficient, appropriated funds,

16 each Secretary shall monitor, on a schedule established by

17 each resource management plan pursuant to section

18 105(a)(2)(C) but no less than every 2 years, the imple19 mentation of the plan and management of the Federal

20 lands subject to the plan and trends in the conditions and

21 uses of the resources on such lands to—

22 (1) ensure that no basic element of the plan as

23 described in section 105(a)(1)(A) is constructively

24 changed through a pattern of management activities
40

S 1320 IS

1 or of failures to undertake management activities;

2 and

3 (2) determine that no conflict has arisen be4 tween any of the basic elements of the plan as de5 scribed in section 105(a)(1)(A); and

6 (3) determine if circumstances warrant adaptive

7 management of any of the resources, to be author8 ized either—

9 (A) in accordance with requirements and

10 procedures prescribed in the plan, if such man11 agement will not require or result in any change

12 in the basic elements of the plan as described

13 in section 105(a)(1)(A), or

14 (B) by amendment to or revision of the

15 plan.

16 (b) MONITORING PROCEDURES.—The monitoring re17 quired by subsection (a) shall be conducted in accordance

18 with the procedures for monitoring prescribed in the appli19 cable resource management plan pursuant to section

20 105(a)(2)(C).

21 (c) ADAPTIVE MANAGEMENT CIRCUMSTANCES.—The

22 determination of circumstances warranting adaptive man23 agement pursuant to subsection (a)(3) shall be made in

24 accordance with the criteria for such determination con-
41

S 1320 IS

1 tained in the applicable resource management plan pursu2 ant to section 105(a)(2)(D).

3 SEC. 117. ADAPTIVE MANAGEMENT AND OTHER CHANGES

4 DUE TO MONITORING.

5 (a) CORRECTING CONSTRUCTIVE PLAN CHANGES.—

6 If, as a consequence of monitoring pursuant to section

7 116, the Secretary finds that a change described in section

8 116(a)(1) has occurred, the Secretary shall direct that

9 corrective management activities be undertaken to restore

10 compliance with the affected resource management plan

11 or that the plan be amended or revised.

12 (b) CORRECTING CONFLICTS BETWEEN PLAN ELE13 MENTS.—If, as a consequence of monitoring pursuant to

14 section 116, the Secretary finds that a conflict between

15 any of the basic elements of the affected resource manage16 ment described in section 105(a)(1)(A) exists, the Sec17 retary should take such action as required by section

18 107(c)(1).

19 (c) ENSURING ADAPTIVE MANAGEMENT.—If, as a

20 consequence of monitoring pursuant to section 116, the

21 Secretary finds pursuant to section 116(a)(3) that the cir22 cumstances warranting adaptive management to exist and

23 require an amendment to or revision of the affected re24 source management plan, the plan shall be amended or

25 revised.
42

S 1320 IS

1 SEC. 118. MONITORING FUNDS.

2 (a) ESTABLISHMENT OF FUNDS.—The Secretary of

3 the Interior shall establish a Public Lands Monitoring

4 Fund and the Secretary of Agriculture shall establish a

5 Forest Lands Monitoring Fund.

6 (b) PAYMENT INTO FUNDS.—(1) Any revenues from

7 Federal lands described in section 3(a)(4)(A) received by

8 the Secretary of the Interior in any fiscal year in excess

9 of revenues from such lands projected for the Bureau of

10 Land Management in the baseline budget of the President

11 for such fiscal year, minus the funds necessary to make

12 payments to States or local governments under other laws

13 concerning the distribution of revenues derived from such

14 lands, shall be deposited into the Public Lands Monitoring

15 Fund.

16 (2) Any revenues from Federal lands described in sec17 tion 3(a)(4)(B) received by the Secretary of Agriculture

18 in any fiscal year in excess of revenues from such lands

19 projected for the Forest Service in the baseline budget of

20 the President for such fiscal year, minus the funds nec21 essary to make payments to States or local governments

22 under other laws concerning the distribution of revenues

23 derived from such lands, shall be deposited in the Forest

24 Lands Monitoring Fund.

25 (c) USE OF FUND MONIES.—(1) Funds deposited

26 into the Public Lands Monitoring Fund shall be available,
43

S 1320 IS

1 without fiscal year limitation or further appropriation, to

2 the Secretary of the Interior to conduct the monitoring

3 required by section 116 or pursuant to section 110(a)(3)

4 or 110(b)(4)(B) on Federal lands described in section

5 3(a)(4)(A).

6 (2) Funds deposited in the Forest Lands Monitoring

7 Fund shall be available, without fiscal year limitation or

8 further appropriation, to the Secretary of Agriculture to

9 conduct the monitoring required by section 116 or pursu10 ant to section 110(a)(3) or 110(b)(4)(B) on Federal lands

11 described in section 3(a)(4)(B).

12 (d) PRIVATE CONTRACTORS.—To conserve personnel

13 resources, each Secretary is encouraged to use private con14 tractors, including contractors under the Jobs in the

15 Woods Program, to conduct the monitoring required by

16 section 116 and any other monitoring related to the Fed17 eral lands, except monitoring conducted pursuant to sec18 tion 110(a)(3) and section 110(b)(4)(B). Any contracts

19 issued pursuant to this subsection shall comply with the

20 requirements of the McNamara-O’Hara Service Contract

21 Act (11 U.S.C. 351(a)).
44

S 1320 IS

1 PART F—PLANNING-RELATED ASSESSMENTS

2 SEC. 119. PURPOSE AND AUTHORIZATION OF ECOREGION

3 AND OTHER ASSESSMENTS.

4 (a) PURPOSE.—The purpose of this part is to author5 ize the development and prescribe the use, of assessments

6 of environmental, economic, and social issues and condi7 tions that transcend the boundaries of planning units es8 tablished pursuant to section 102 in order to inform re9 source management planning and the planning of manage10 ment activities on the Federal lands.

11 (b) AUTHORIZATION.—Each Secretary is authorized

12 to prepare or participate in the preparation of assessments

13 which may encompass all Federal lands and non-Federal

14 lands within a region or other geographic area that is not

15 a planning unit established pursuant to section 104(b) and

16 that is specified by the Secretary: Provided, That non-Fed17 eral lands that are not subject to the jurisdiction of a fed18 erally-recognized Indian tribe may be included in an as19 sessment only upon the written concurrence of the Gov20 ernor or Governors in whose States the lands are located

21 and non-Federal lands that are subject to the jurisdiction

22 of a federally-recognized tribe may be included in an as23 sessment only upon written concurrence of the tribe.

24 (c) CONGRESSIONAL AND PUBLIC NOTIFICATION.—

25 (1) Ninety days prior to initiating any assessment pursu26 ant to subsection (b), the Secretary or Secretaries shall
45

S 1320 IS

1 submit to the Committees of Congress and publish in the

2 Federal Register a notice of intention to prepare the as3 sessment.

4 (2) The notice required by paragraph (1) shall in5 clude a description of the region or geographic area and

6 the Federal lands and non-Federal lands, if any, to be in7 cluded in the assessment; the officials to be responsible

8 for the assessment; the estimated cost of, and deadlines

9 for, the assessment; the charter for, or other instructions

10 concerning the conduct and substance of the assessment;

11 the procedures for ensuring participation of the affected

12 States, local governments, and tribes and the public in the

13 preparation of the assessment; a thorough explanation of

14 how the region or geographic area that is the subject of

15 the assessment was identified and the attributes which es16 tablish the region or area; and the detailed reasons for

17 the decision to initiate the assessment.

18 SEC. 120. STATUS, EFFECT, AND APPLICATION OF ASSESS19 MENTS.

20 (a) NONDECISIONAL STATUS.—The assessments pre21 pared pursuant to section 119 shall not contain any deci22 sions concerning resource management planning or man23 agement activities on the Federal lands. Any decision con24 cerning resource management planning or management

25 activities which reflects or employs information or analyses
46

S 1320 IS

1 contained in an assessment prepared pursuant to section

2 119 shall be made in accordance with section 104(c) and

3 this section.

4 (b) APPLICATION OF ASSESSMENTS.—(1) Within 180

5 days of the completion of an assessment pursuant to sec6 tion 119, each Forest Supervisor of the Forest Service and

7 State Director of the Bureau of Land Management with

8 jurisdiction over Federal lands to which the assessment

9 applies shall review the assessment and determine whether

10 the information contained therein warrants an amendment

11 to or revision of any resource management plan applicable

12 to such lands as required by section 104(c).

13 (2) If an amendment to or revision of a resource

14 management plan is determined warranted pursuant to

15 paragraph (1), such amendment or revision shall be com16 pleted within the applicable deadline established by section

17 106 and otherwise comply with the requirements of this

18 Act and other applicable law.

19 (3) Until an amendment to or revision of a resource

20 management plan based on an assessment is completed

21 pursuant to paragraph (2), no management activity on

22 Federal lands to which the plan applies shall be delayed

23 or altered on the basis of the assessment.
47

S 1320 IS

1 (4) No Federal official shall use an assessment or any

2 documents prepared therefor, to regulate, or otherwise

3 apply the assessment or documents to, non-Federal lands.

4 (c) APPLICABILITY OF OTHER LAWS.—In accordance

5 with the limited status provided in subsection (a) for an

6 assessment prepared pursuant to section 119, each such

7 assessment shall not be subject to section 102(2) of the

8 National Environmental Policy Act of 1969 (42 U.S.C.

9 § 4332(2)), and subsections (a) through (d) of section 7

10 of the Endangered Species Act of 1973 (16 U.S.C.

11 § 1536(a)–(d)).

12 SEC. 121. REPORTS TO CONGRESS ON ASSESSMENTS.

13 (a) REPORTS OF THE SECRETARIES.—Each Sec14 retary shall submit a report to the Committees of Con15 gress on or before January 1 of the year following the

16 date of enactment of this Act, and of each second year

17 thereafter, on any assessment prepared pursuant to sec18 tion 119, any implementations for Federal land manage19 ment derived from such assessments, and any amend20 ments to or revisions of resource management plans based

21 on such assessments. Each report also shall contain an

22 analysis by the Secretary of the benefits and detriments

23 of such assessments and any recommendations of the Sec24 retary for improving the content and application of such

25 assessments.
48

S 1320 IS

1 (b) GAO REPORTS.—The United States General Ac2 counting Office shall prepare and submit to the Commit3 tees of Congress—

4 (1) on or before the date three years after the

5 date of publication of each assessment prepared pur6 suant to section 119, a report on the assessment

7 which shall contain—

8 (A) a review of the degree of protection for

9 non-commodity resources on, and the level of

10 goods and services from, the Federal lands sub11 ject to the assessment that are projected by the

12 assessment;

13 (B) an evaluation of whether such re14 sources were protected and such goods and

15 services were provided as projected and, if not,

16 the reasons therefore; and

17 (C) recommendations concerning changes

18 to the assessment or in management of the af19 fected Federal lands to provide more accurate

20 projections of, or better delivery of, resource

21 protection and goods and services on and from

22 such lands; and

23 (2) on or before the date seven years after the

24 date of enactment of this Act, a report on the effi25 cacy of assessments conducted pursuant to section
49

S 1320 IS

1 119 in assisting the Agencies to comply with the re2 quirements of this Act and other applicable law.

3 PART G—CHALLENGES TO PLANNING

4 SEC. 122. ADMINISTRATIVE APPEALS.

5 (a) APPEALS REGULATIONS.—Each Secretary shall

6 promulgate regulations to govern administrative appeals

7 of decisions to approve resource management plans, and

8 amendments to and revisions of such plans, and to ap9 prove or disapprove management activities for or on the

10 Federal lands.

11 (b) APPEALS REQUIREMENTS.—The regulations re12 quired by subsection (a) shall—

13 (1) provide that any person may bring an ad14 ministrative appeal of a decision to approve a re15 source management plan, or an amendment to or re16 vision of such a plan, or to approve, disapprove, or

17 otherwise take final action on a management activity

18 if he or she has submitted written comments during

19 the preparation of such plan, amendment, revision,

20 or activity on the issue or issues for which adminis21 trative review is sought: Provided, That this para22 graph shall not apply when either no opportunity

23 was accorded to the public to submit comments or

24 when no opportunity was available to raise such

25 issue or issues because such issue or issues were
50

S 1320 IS

1 manifest only after the close of the comment period

2 or other demonstrated reason;

3 (2) provide that an administrative appeal of a

4 decision to approve a resource management plan, or

5 an amendment to or revision of such a plan, may

6 not challenge any analysis or decision assigned to

7 management activities pursuant to section

8 105(b)(2)(B) and an administrative appeal of a deci9 sion to approve, disapprove, or otherwise take final

10 action on a management activity may not challenge

11 any analysis or decision assigned to resource man12 agement plans pursuant to section 105(b)(2)(A);

13 (3) require that a person who seeks administra14 tive review of a resource management plan, or an

15 amendment to or revision of such a plan, on the

16 basis of new information, law, or regulation as de17 fined in section 111(d) must petition for an amend18 ment or revision of the affected plan in accordance

19 with section 111;

20 (4) establish deadlines after the final decision to

21 adopt a plan, amendment, or revision, or to approve,

22 disapprove, or take final action on an activity, by

23 which any administrative appeal, other than a peti24 tion pursuant to section 111, must be filed: Pro25 vided, That such deadlines shall be not more than
51

S 1320 IS

1 120 days after a plan or revision decision, 90 days

2 after an amendment decision, and 45 days after an

3 activity decision;

4 (5) establish deadlines after the filing of admin5 istrative appeals pursuant to paragraph (4) by which

6 final decisions on the appeals must be rendered: Pro7 vided, That such deadlines shall be not more than

8 120 days after the date of filing of an appeal of a

9 plan or a revision, 90 days after the date of filing

10 of an appeal of an amendment, and 45 days after

11 the date of filing of an appeal of an activity: Pro12 vided further, That the Secretary may extend the

13 deadline for a specific appeal for not more than 15

14 days by a written statement which provides the rea15 sons for such extension.

16 (6) provide that, in the event of a failure to

17 render a final decision on an administrative appeal

18 by the deadline established pursuant to paragraph

19 (5), the decision on which the appeal is based is

20 deemed to be a final agency action for the purpose

21 of chapter 7 of title 5, United States Code.

22 (7) provide that the Secretary shall consider

23 and balance the environmental and/or economic in24 jury to any affected persons in determining whether

25 to issue a stay pending the appeal or petition;
52

S 1320 IS

1 (8) provide that no administrative stay shall ex2 tend beyond, or be imposed after—

3 (A) the conclusion of the applicable period

4 for filing an administrative appeal established

5 pursuant to paragraph (4) if no appeal is timely

6 filed;

7 (B) 30 days from the date of, or deadline

8 established pursuant to paragraph (5) for, a

9 final decision on an appeal of a resource man10 agement plan or an amendment to or revision

11 of such a plan; and

12 (C) 15 days from the date of, or deadline

13 established pursuant to paragraph (5) for, a

14 final decision on an appeal of a management

15 activity; and

16 (9) establish categories of or criteria for man17 agement activities which, because of emergency,

18 time-sensitive, or other exigent circumstances, shall

19 not be eligible for administrative appeals and for

20 which lawsuits may be filed immediately after the

21 decisions to authorize such activities.

22 (c) REPEALER.—The regulations required of the For23 est Service by this section and section 116 shall replace

24 any regulations promulgated pursuant to section 322 of

25 Public Law 102–381 (106 Stat. 1419–1420). Upon the
53

S 1320 IS

1 effective date of the regulations of the Forest Service re2 quired by this section, such section 322 is repealed.

3 SEC. 123. JUDICIAL REVIEW.

4 (a) VENUES.—(1) Any suit to challenge a resource

5 management plan, or an amendment to or a revision of

6 such a plan, shall be filed in the United States Circuit

7 Court of Appeals for the circuit in which are located the

8 Federal lands to which the plan applies: Provided, That

9 if the Federal lands to which a plan applies are located

10 in more than one circuit, the suit shall be filed in the

11 Court of Appeals for the circuit which contains the largest

12 portion of such lands.

13 (2) Any suit filed to challenge a management activity

14 or decision to deny a petition for amendment to or revision

15 of a resource management plan shall be filed in the United

16 States district court for the district in which are located

17 the Federal lands on which the activity would occur or

18 to which the plan applies: Provided, That if the Federal

19 lands to which the plan applies are located in more than

20 one district, the suit shall be filed in the district court

21 for the district which contains the largest portion of such

22 lands.

23 (b) STANDING.—(1) Subject to paragraph (2), any

24 person (including a person that sustains economic injury

25 as a direct or indirect result of the implementation of, or
54

S 1320 IS

1 a violation of, this Act, the Federal Land Policy and Man2 agement Act of 1976 (43 U.S.C. § 1701 et seq.), or the

3 Forest and Rangeland Renewable Resources Planning Act

4 of 1974 (16 U.S.C. § 1600 et seq.), or a regulation issued

5 under any such Act by the United States or any agency

6 or official of the United States) may—

7 (A) to the full extent permitted by the Constitu8 tion without regard to any prudential limitations,

9 commence a civil suit to—

10 (i) remedy any violation of any such Act or

11 a regulation issued under any such Act by the

12 United States or any agency or official of the

13 United States; or

14 (ii) challenge any such Act or a regulation

15 issued under any such Act or the implementa16 tion of the Act or the regulation; and

17 (B) intervene as a matter of right in any suit

18 brought under any such Act that threatens to cause

19 injury to the person or relates to any injury sus20 tained by the person, which intervenor shall have the

21 same right to present argument as do the parties to

22 the suit and the right to participate in any settle23 ment discussions.

24 (2) Standing to obtain judicial review of a resource

25 management plan, an amendment to or a revision of such
55

S 1320 IS

1 a plan, or a management activity shall be available only

2 to persons who have—

3 (A) participated in the preparation of such

4 plan, amendment, revision, or activity through the

5 submission of written comments on the issue or

6 issues for which judicial review is sought, unless an

7 opportunity to submit such comments was not pro8 vided to the public or no opportunity was available

9 to raise such issue or issues because such issue or

10 issues were manifest only after the close of the com11 ment period or other demonstrated reason.

12 (B) raised such issue or issues in seeking, or

13 demonstrated that such issue or issues have been

14 raised in, administrative review pursuant to section

15 122 of such plan, amendment, revision, or activity,

16 other than an activity subject to section 122(b)(9);

17 and

18 (C) exhausted the opportunities for administra19 tive review pursuant to section 122, except for an

20 activity subject to section 122(b)(9).

21 (c) DEADLINES.—(1) Any suit brought pursuant to

22 this section must be filed not more than 90 days after

23 the final decision on the administrative appeal of a re24 source management plan or an amendment to or a revision

25 of such plan, and not more than 30 days after the decision
56

S 1320 IS

1 to deny a petition for amendment to or revision of a re2 source management plan, the final decision on an adminis3 trative appeal of a management activity not subject to sec4 tion 122(b)(9), or the decision to approve or disapprove

5 a management activity subject to section 122(b)(9).

6 (2) Except as provided in subsection (d), the plan,

7 amendment, revision, activity, or petition shall not be re8 viewable either directly or indirectly as part of any other

9 decision concerning the Federal lands for compliance with

10 any provision of law or regulation in existence at the con11 clusion of the applicable period established by paragraph

12 (1).

13 (d) SUITS BASED ON NEW INFORMATION, LAW, OR

14 REGULATION.—A suit brought pursuant to this section

15 shall not allege or rely upon new information, law, or regu16 lation as defined in section 111(d) unless the party has

17 petitioned the Secretary pursuant to section 111 and the

18 Secretary has denied such petition or approved such peti19 tion and completed the amendment or revision process.

20 (e) ADMINISTRATIVE RECORD.—The record before

21 the court in any suit brought pursuant to this section shall

22 be limited to the administrative record and such additional

23 written evidence as the court shall permit.

24 (f) OTHER CITIZEN SUITS.—Subsections (b)(1)(A)

25 and (c) through (e) shall not apply to any suit brought
57

S 1320 IS

1 under a provision authorizing citizen suits in any law not

2 referred to in subsection (b)(1): Provided, That the dead3 line for filing any such suit shall be no later than 7 days

4 after the conclusion of any period of advanced notice by

5 such provision.

6 TITLE II—COORDINATION AND

7 COMPLIANCE WITH OTHER

8 ENVIRONMENTAL LAWS

9 SEC. 201. PURPOSES.

10 The purposes of this title are to coordinate, and elimi11 nate conflicting procedures of the Federal land manage12 ment and other environmental laws; to assign clear re13 sponsibility for meeting the standards and requirements

14 of such laws, and securing protection of the environment

15 and resources, on the Federal lands; and to reduce the

16 time and cost, and thereby improve the efficiency and ef17 fectiveness, in achieving such protection.

18 SEC. 202. ENVIRONMENTAL ANALYSIS.

19 (a) RESOURCE MANAGEMENT PLAN ANALYSIS.—(1)

20 In developing a resource management plan or a revision

21 to such a plan, the Secretary shall prepare an environ22 mental impact statement pursuant to section 102(2)(C)

23 of the National Environmental Policy Act of 1969 (42

24 U.S.C. § 4332(2)(C)).
58

S 1320 IS

1 (2) The environmental impact statement required by

2 paragraph (1) shall analyze all matters in the resource

3 management plan, including those assigned to resource

4 management plans by or pursuant to subsections (a) and

5 (b)(2)(A) of section 105, and contain all other analyses

6 required to be included in environmental impact state7 ments by this Act and the National Environmental Policy

8 Act of 1969 (42 U.S.C. § 4321, et seq.).

9 (3) In developing an amendment to a resource man10 agement plan, the Secretary shall prepare either an envi11 ronmental impact statement or an environmental assess12 ment as may be required by section 102(2) of the National

13 Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).

14 The statement or assessment shall contain all analyses re15 quired by this Act and the National Environmental Policy

16 Act of 1969 (42 U.S.C. § 4321, et seq.).

17 (b) MANAGEMENT ACTIVITY ANALYSIS.—(1) In plan18 ning a management activity on the Federal lands, other

19 than an activity which the Secretary determines to be cat20 egorically excluded from the requirements of section

21 102(2) of the National Environmental Policy Act of 1969

22 (42 U.S.C. § 4332(2)), the Secretary shall prepare an en23 vironmental assessment pursuant to section 102(2)(E) of

24 such Act (42 U.S.C. § 4332(2)(E)) which shall be tiered

25 to, and incorporate by reference the relevant analysis in,
59

S 1320 IS

1 the environmental impact statement on the applicable re2 source management plan: Provided, That, if the Secretary,

3 in the discretion of, and in accordance with regulations

4 promulgated by, the Secretary, determines that the nature

5 or scope of potential environmental consequences of a

6 management activity is substantially different from or

7 greater than the nature or scope of the consequences con8 sidered in the environmental impact statement on the ap9 plicable resource management plan, the environmental

10 analysis document for the activity shall be an environ11 mental impact statement pursuant to section 102(2)(C)

12 of such Act.

13 (2) The environmental assessment or environmental

14 impact statement required by paragraph (1) shall analyze

15 the matters associated with the management activity

16 which are assigned to management activities by or pursu17 ant to section 105(b)(2)(B).

18 SEC. 203. WILDLIFE PROTECTION.

19 (a) ENDANGERED SPECIES ACT ANALYSIS.—(1) In

20 developing a resource management plan, an amendment

21 to or revision of such a plan, or a management activity

22 on the Federal lands, the Agency, on the basis of the best

23 scientific and commercial data available, shall ensure, pur24 suant to section 7 of the Endangered Species Act of 1973

25 (16 U.S.C. § 1536), that the plan, amendment, revision,
60

S 1320 IS

1 or activity is not likely to jeopardize the continued exist2 ence of any species determined to be endangered or threat3 ened, or result in the destruction or adverse modification

4 of habitat of such species designated as critical, pursuant

5 to section 4 of such Act, except that the Agency, upon

6 certification pursuant to paragraph (2), shall perform all

7 functions in the processes established in subsections (a)

8 through (c) of such section 7 (16 U.S.C. § 1536 (a)–(c))

9 which are assigned by such subsections or implementing

10 regulations to the Secretary of the Interior, as delegated

11 to the U.S. Fish and Wildlife Service, or the Secretary

12 of Commerce, as delegated to the National Marine Fish13 eries Service.

14 (2)(A) Each Agency may apply to the Director, U.S.

15 Fish and Wildlife Service, to be certified to perform, pur16 suant to paragraph (1), all functions in the processes es17 tablished in subsections (a) through (c) of section 7 of the

18 Endangered Species Act of 1973. The application shall

19 contain a detailed summary of the personnel and funds

20 available to, and the procedures adopted by, the Agency

21 to perform such functions.

22 (B) The Director shall have 30 days from the date

23 of submission to notify the Agency of any further informa24 tion required by the Director to consider the application

25 submitted pursuant to subparagraph (A).
61

S 1320 IS

1 (C) The Director, in consultation with the Director

2 of the National Marine Fisheries Service, shall render a

3 decision on an application submitted pursuant to subpara4 graph (A) within 90 days of the receipt thereof or of the

5 submission by the Agency of further information pursuant

6 to subparagraph (B), whichever is later: Provided, That

7 if the Director fails to render a decision by such date, the

8 Agency shall be deemed certified to perform the functions

9 described in subparagraph (A).

10 (D) The decision of the Director on an application

11 submitted pursuant to subparagraph (A) shall provide a

12 detailed explanation of the reasons therefor and be pub13 lished in the Federal Register.

14 (E) The decision of the Director on an application

15 submitted pursuant to subparagraph (A) shall not be sub16 ject to subsections (a) through (c) of section 7 of the En17 dangered Species Act of 1973 and section 102(2) of the

18 National Environmental Policy Act of 1969 (42 U.S.C.

19 § 4332(2)).

20 (F) If an application of an Agency to be certified pur21 suant to this paragraph is denied, the Agency may file

22 a subsequent application or applications pursuant to sub23 paragraph (A) at intervals of no less than one year each

24 until such time as it receives certification.
62

S 1320 IS

1 (b) EFFECT ON MANAGEMENT ACTIVITIES.—(1)

2 Whenever a species is determined to be an endangered

3 species or a threatened species, or critical habitat is des4 ignated, pursuant to section 4 of the Endangered Species

5 Act of 1973 (16 U.S.C. § 1533) and the species or habitat

6 is located on Federal lands, the Agency with jurisdiction

7 over such lands shall determine whether the procedure es8 tablished by section 7(a)(2) of such Act (16 U.S.C.

9 § 1536(a)(2)) and subsection (a) of this section is required

10 on each resource management plan applicable to such

11 lands within 90 days of the date of the determination or

12 designation. Any amendment to or revision of a resource

13 management plan resulting from the determination or des14 ignation that such procedure is required shall be com15 pleted within 12 months or 18 months, respectively, from

16 the date of the determination or designation.

17 (2) If the procedure prescribed by section 7(a)(2) of

18 such Act and subsection (a) of this section is required on

19 a resource management plan (or an amendment to or revi20 sion of the plan), the Agency implementing the plan may

21 authorize, fund, or carry out any agency action that is

22 consistent with the plan prior to completion of the proce23 dure on the plan if the procedure prescribed by such sec24 tion 7(a)(2) and subsection (a) of this section concerning
63

S 1320 IS

1 the same species or critical habitat is conducted on the

2 action or if such procedure is not required on the action.

3 SEC. 204. WATER QUALITY PROTECTION.

4 Any management activity on the Federal lands which

5 constitutes a nonpoint source of water pollution, including,

6 but not limited to, any activity associated with the har7 vesting and transporting of forest products, which is cer8 tified by the State in which such Federal lands are located

9 to meet best management practices or the functional

10 equivalent thereof shall be deemed to be in compliance

11 with any applicable requirements arising from sections

12 208(b), 303(d), and 319(b) of the Clean Water Act (33

13 U.S.C. §§ 1288(b), 1313(d), and 1329(b)) and section

14 6217 of the Coastal Zone Act Reauthorization Amend15 ments of 1990 (16 U.S.C. § 1455b): Provided, That the

16 Agency is not required to seek such certification for any

17 management activity.

18 SEC. 205. AIR QUALITY PROTECTION.

19 Notwithstanding the provisions of section 118(a) of

20 the Clean Air Act (42 U.S.C. § 7418), upon a finding by

21 a forest supervisor of the Forest Service or a district man22 ager of the Bureau of Land Management that a prescribed

23 use of fire on Federal lands within the jurisdiction of such

24 official would reduce the risk of greater emissions from

25 a wildfire and will be conducted in a manner that mini-
64

S 1320 IS

1 mizes impacts on air quality to the extent practicable,

2 after an opportunity for review by the governor, such use

3 shall be deemed to be in compliance with any applicable

4 requirements of any State implementation plan under sec5 tion 110 of such Act (42 U.S.C. § 7410), and any require6 ments imposed by the U.S. Environmental Protection

7 Agency under such Act.

8 SEC. 206. MEETINGS WITH USERS OF THE FEDERAL LANDS.

9 To improve and coordinate the management of Fed10 eral lands, the Secretary may, in his discretion, meet to

11 discuss matters of mutual concern with one or more: hold12 ers of or applicants for permits, leases, contracts, or other

13 authorizations for use of the Federal lands; other persons

14 who conduct activities on the Federal lands; and persons

15 who own or manage lands adjacent to the Federal lands;

16 or their representatives. The Federal Advisory Committee

17 Act (5 U.S.C. App.) shall not apply to meetings with any

18 such individuals under this section: Provided, That noth19 ing in this section shall be deemed to affect the exemption

20 from the Federal Advisory Committee Act provided for

21 meetings with elected officers of State, local and tribal

22 governments by section 204(b) of the Unfunded Mandates

23 Reform Act of 1995 (2 U.S.C. § 1534(b)).
65

S 1320 IS

1 TITLE III—DEVELOPMENT OF A

2 GLOBAL RENEWABLE RE3 SOURCES ASSESSMENT

4 SEC. 301. PURPOSES.

5 The purposes of this title are to eliminate a level of

6 Forest Service planning in accordance with section 104(a);

7 to repeal the provisions of the Forest and Rangeland Re8 newable Resources Planning Act of 1974 concerning the

9 Renewable Resource Assessment and Renewable Resource

10 Program, which continually have been altered by other

11 agencies and political appointees within the Executive

12 Branch and routinely have been ignored by the Forest

13 Service as a guide to the development of resource manage14 ment plans and management activities; to provide for the

15 preparation of a Global Renewable Resources Assessment;

16 and to establish an independent National Council on Re17 newable Resources Policy to be responsible for the Assess18 ment.

19 SEC. 302. GLOBAL RENEWABLE RESOURCES ASSESSMENT.

20 (a) ASSESSMENT.—(1) In recognition of the vital im21 portance of renewable resources of the forest, range, and

22 other associated lands to national and international social,

23 economic, and environmental well-being, and of the neces24 sity for a long term perspective in the use and conserva25 tion of such resources and lands, the National Council on
66

S 1320 IS

1 Renewable Resources Policy established under section 303

2 shall prepare a Global Renewable Resources Assessment

3 (hereinafter in this title referred to as the ‘‘Assessment’’).

4 (2) The Assessment shall be prepared and submitted

5 to the Committees of Congress not later than 5 years from

6 the date of enactment of this Act and within each succes7 sive 5-year period thereafter.

8 (b) ASSESSMENT CONTENTS.—The Assessment shall

9 include but not be limited to—

10 (1) an analysis of present and anticipated na11 tional and international uses of, demand for, and

12 supply of the renewable resources, with an emphasis

13 on pertinent supply and demand and price relation14 ship trends;

15 (2) an inventory of present and potential na16 tional and international renewable resources, and an

17 evaluation of opportunities for improving the yield of

18 tangible and intangible goods and services from

19 these resources, together with estimates of invest20 ment costs and direct and indirect returns to the

21 various governments;

22 (3) an analysis of the environmental con23 straints, and the effects thereof, on production of

24 the renewable resources in the United States and in

25 other countries;
67

S 1320 IS

1 (4) an analysis of the extent to which the pro2 grams of other countries for management of renew3 able resources ensure sustainable use and production

4 of such resource and the sustainability of the eco5 systems that provide such resources;

6 (5) a description of national and international

7 programs and responsibilities in research on renew8 able resources and management of public and pri9 vate forest, range, and other associated lands;

10 (6) a discussion of important policy consider11 ations, laws, regulations, and other factors expected

12 to influence and affect significantly the use, owner13 ship, and management of public and private forest,

14 range, and other associated lands; and

15 (7) recommendations for administrative or leg16 islative changes or initiatives to be undertaken by

17 the Agencies or Congress.

18 SEC. 303. NATIONAL COUNCIL ON RENEWABLE RESOURCES

19 POLICY.

20 (a) ESTABLISHMENT.—There is hereby established a

21 National Council on Renewable Resources Policy (herein22 after in this title referred to as the ‘‘Council’’) to perform

23 the functions authorized in subsection (b).

24 (b) FUNCTIONS.—The functions of the Council shall

25 be—
68

S 1320 IS

1 (1) to prepare and submit to the committees of

2 Congress the Global Renewable Resources Assess3 ment required by section 302;

4 (2) from time to time during the 5-year periods

5 between each assessment, as it deems appropriate,

6 to submit recommendations for administrative

7 changes or initiatives to the agencies or legislative

8 changes or initiatives to the committees of Congress;

9 and

10 (3) to conduct such analyses as requested by

11 the committees of Congress or the agencies.

12 (c) MEMBERSHIP; CHAIR.—(1) The Council shall be

13 composed of 15 members, including 5 members appointed

14 by the President, 5 members appointed by the President

15 pro tempore of the Senate, and 5 members appointed by

16 the Speaker of the House of Representatives.

17 (2) The Chair of the Council shall be selected from

18 among its members.

19 (d) TERMS; VACANCIES.—(1) Except as provided in

20 paragraphs (2) and (3), each member of the Council shall

21 hold office for a term of 7 years and until a successor

22 is appointed.

23 (2) Any member appointed to fill a vacancy occurring

24 prior to the expiration of the term for which the member’s
69

S 1320 IS

1 predecessor was appointed shall be appointed for the re2 mainder of such term.

3 (3) The terms of the 5 members appointed by each

4 official which first take office after the enactment of this

5 Act shall expire as designated by the official at the time

6 of the appointment, one at the end of 3 years, one at the

7 end of 4 years, one at the end of 5 years, one at the end

8 of 6 years, and one at the end of 7 years.

9 (4) A vacancy in the Council shall not impair the

10 right of the remaining members to perform the functions

11 authorized in subsection (b).

12 (e) EXECUTIVE DIRECTOR.—(1) The Council shall

13 have an Executive Director, who shall be appointed (with14 out regard to the provisions of title 5, United States Code,

15 governing appointments in the competitive service) by the

16 Council and serve at the pleasure of the Council.

17 (2) The Executive Director shall report to the Council

18 and assume such duties as the Council may assign.

19 (f) COMPENSATION.—(1) The members of the Coun20 cil who are not officers or employees of the United States,

21 while attending conferences, hearings or meetings of the

22 Council or while otherwise serving at the request of the

23 Chair shall each be entitled to receive compensation at a

24 rate not in excess of the maximum rate of pay for grade

25 GS–18, as provided in the General Schedule under section
70

S 1320 IS

1 5332 of title 5, United States Code, including travel time,

2 and while away from their homes or regular places of busi3 ness shall each be reimbursed for travel expenses, includ4 ing per diem in lieu of subsistence as authorized by section

5 5703 of title 5, United States Code, for persons in Govern6 ment service employed intermittently.

7 (2) The Executive Director shall be paid at a rate

8 of pay not in excess of the rate of pay for grade GS–18,

9 as provided in the General Schedule under section 5332

10 of title 5, United States Code.

11 (g) CONTRACT AUTHORITY; FEDERAL AGENCY CO12 OPERATION.—(1) In the performance of its functions, the

13 Council is authorized to contract with the National Acad14 emy of Sciences and the National Academy of Engineering

15 (acting through the National Research Council), and other

16 nongovernmental entities, for the investigation of matters

17 within their competence.

18 (2) The heads of the departments, agencies, and in19 strumentalities of the executive branch of the Federal

20 Government shall cooperate with the Council in the per21 formance of its functions, and shall furnish to the Council

22 such information as the Council deems necessary to carry

23 out its functions. To the maximum extent feasible, the

24 Council shall avoid undertaking, and shall incorporate in

25 the Assessment as warranted, survey, inventory, or data
71

S 1320 IS

1 collection activities otherwise conducted or capable of

2 being conducted by agencies of the executive branch of the

3 Federal Government, including the Forest Inventory and

4 Analysis prepared by the Forest Service.

5 (3) Nothing in this title shall be deemed to diminish

6 or otherwise restrict the authority and obligation of the

7 Forest Service to conduct the Forest Inventory and Anal8 ysis and any other analyses authorized or required by law.

9 (h) APPOINTMENT OF PERSONNEL.—In addition to

10 authority to appoint personnel subject to the provisions

11 of title 5, United States Code, governing appointments in

12 the competitive service, and to pay such personnel in ac13 cordance with the provisions of chapter 51 and subchapter

14 III of chapter 53 of such title relating to classification and

15 General Schedule pay rates, the Council shall have author16 ity to enter into contracts with private or public organiza17 tions who may furnish the Council with such administra18 tive and technical personnel as may be necessary to carry

19 out the purposes of this title. Personnel furnished by such

20 organizations under this subsection are not, and shall not

21 be considered to be, Federal employees for any purposes,

22 but in the performance of their duties shall be guided by

23 the standards which apply to employees of the legislative

24 branches under rules 41 and 43 of the Senate and House

25 of Representatives, respectively.
72

S 1320 IS

1 (i) RULES AND POWERS OF THE COUNCIL.—(1) The

2 Council is authorized to establish such procedural and ad3 ministrative rules as are necessary for the performance of

4 its functions.

5 (2) The Council, by one or more of its members or

6 by such agents as it may designate, may conduct any hear7 ing or other inquiry necessary or appropriate to its func8 tions.

9 (j) TRANSMITTALS OF THE ASSESSMENT, BUDGET

10 REQUESTS, AND LEGISLATIVE RECOMMENDATIONS.—(1)

11 Whenever the Council submits any budget estimate or re12 quest to the President or the Office of Management and

13 Budget, it shall transmit concurrently copies of that esti14 mate or request to the Appropriations Committees of the

15 Senate and House of Representatives.

16 (2) Whenever the Council transmits the Assessment,

17 analyses, or recommendations referred to in subsection (b)

18 or any testimony or any comments on legislation to the

19 Agencies, the President, or the Office of Management and

20 Budget, it shall transmit concurrently copies thereof to the

21 Committees of Congress. No officer or agency of the

22 United States shall have any authority to require the

23 Council to submit its Assessment, analyses, or rec24 ommendations referred to in subsection (b), or any testi25 mony or any comments on legislation, to any officer or
73

S 1320 IS

1 agency of the United States for approval, comments, or

2 review prior to the submission of the Assessment, anal3 yses, recommendations, testimony or comments to the

4 Committees of Congress. In instances where the Council

5 voluntarily seeks to obtain such comments or review of any

6 officer or agency of the United States, the Council shall

7 include a description of such action in the Assessment,

8 analyses, recommendations, testimony, or comments which

9 it transmits to the Congress.

10 SEC. 304. REPEAL OF CERTAIN PROVISIONS OF THE FOR11 EST AND RANGELAND RENEWABLE RE12 SOURCES PLANNING ACT.

13 The following sections of the Forest and Rangeland

14 Renewable Resources Planning Act (16 U.S.C. §§ 1601 et

15 seq.) (as redesignated by section 2 of, and otherwise

16 amended by, the National Forest Management Act of

17 1976 (90 Stat. 2949)) are amended—

18 (1) in section 3—

19 (A) by deleting subsections (a), (b), and

20 (c);

21 (B) in subsection (d)—

22 (i) by redesignating paragraphs (1),

23 (2), and (3) as subsections (a), (b), and

24 (c), respectively;
74

S 1320 IS

1 (ii) in paragraph (1), redesignated as

2 subsection (a) by clause (i), by deleting

3 ‘‘budget together with the annual report

4 provided for under section 8(c) of this

5 Act,’’ and inserting ‘‘budget,’’; and

6 (iii) in paragraph (3), redesignated as

7 subsection (c) by clause (i), by deleting

8 ‘‘subsection (d)’’ and inserting ‘‘section’’;

9 and

10 (C) by redesignating subsection (e) as sub11 section (d);

12 (2) by deleting section 4 in its entirety;

13 (3) in section 5, by deleting ‘‘As a part of the

14 Assessment, the’’ and inserting ‘‘The’’;

15 (4) in section 6—

16 (A) in subsection (a), by deleting ‘‘As a

17 part of the Program provided for by section 3

18 of this Act, the’’ and inserting ‘‘The’’; and

19 (B) in subsection (g)(3), by deleting ‘‘de20 veloped to achieve the goals of the Program’’;

21 (5) in section 7, by deleting ‘‘Assessment, re22 source surveys, and Program’’ and inserting ‘‘re23 source surveys’’; and

24 (6) by deleting section 8 in its entirety.
75

S 1320 IS

1 TITLE IV—ADMINISTRATION

2 PART A—IN GENERAL

3 SEC. 401. CONFIRMATION OF THE CHIEF OF THE FOREST

4 SERVICE.

5 (a) CONFIRMATION.—The Forest Service, Depart6 ment of Agriculture, shall be headed by the Chief who

7 shall be appointed by the President, by and with the advice

8 and consent of the Senate. As an exercise of the rule9 making power of the Senate, any nomination of the Chief

10 submitted to the Senate for confirmation, and referred to

11 a committee, shall be referred to the Committee on Agri12 culture, Nutrition, and Forestry and the Committee on

13 Energy and Natural Resources. No person may undertake

14 the functions or exercise the authority of a Chief for more

15 than 180 days without the advice and consent of the Sen16 ate.

17 (b) QUALIFICATIONS.—In nominating a Chief for ap18 pointment pursuant to subsection (a), the President shall

19 select a person who is exceptionally qualified for such posi20 tion by virtue of—

21 (1) possession of a degree in a scientific or en22 gineering discipline that is relevant to decisions con23 cerning management of the Federal lands;

24 (2) for a period of not less than 5 years, having

25 had direct responsibility for, and possessed and exer-
76

S 1320 IS

1 cised authority to make decisions concerning, the

2 management, or research pertaining to the manage3 ment, of Federal lands or other lands administered

4 for purposes that are not dissimilar to the purposes

5 for which Federal lands are managed; and

6 (3) for a period of not less than 5 years, having

7 administered a program or office which has or had

8 a number of employees equal to or greater than the

9 average number of full-time equivalent employees in

10 national forest supervisors offices of the Forest

11 Service on or about the date of the appointment.

12 SEC. 402. INTERAGENCY TRANSFER AND INTERCHANGE AU13 THORITY.

14 (a) TRANSFER AND INTERCHANGE AUTHORITY.—To

15 facilitate land management or achieve other authorized

16 public purposes, the Secretary of the Interior, with respect

17 to Federal lands described in section 3(a)(4)(A) which are

18 within or adjacent to Federal lands described in section

19 3(a)(4)(B), and the Secretary of Agriculture, with respect

20 to Federal lands described in section 3(a)(4)(B) which are

21 within or adjacent to Federal lands described in section

22 3(a)(4)(A), are authorized to transfer to the other Sec23 retary jurisdiction over lands not exceeding 5,000 acres

24 in size or to interchange jurisdiction over lands not exceed25 ing an aggregate of 10,000 acres per transaction.
77

S 1320 IS

1 (b) CONDITIONS.—(1) Transfers or interchanges

2 made pursuant to subsection (a) shall be without reim3 bursement or transfer of funds.

4 (2) Lands transferred or interchanged pursuant to

5 subsection (a) shall become a part of the Federal lands

6 under the jurisdiction of, and managed in accordance with

7 the laws pertaining to and regulations of, the Agency

8 which receives the lands: Provided, That no special des9 ignation of, or special management direction applicable to,

10 such lands provided by Act of Congress may be modified

11 or removed except by another Act of Congress and no spe12 cial designation of such lands in a resource management

13 plan applicable to such lands prior to the transfer or inter14 change may be removed or altered except by amendment

15 to or revision of the resource management plan applicable

16 to such lands after the transfer or interchange.

17 (3) The transfer or interchange of lands pursuant to

18 subsection (a) shall be subject to valid existing rights.

19 (c) PUBLIC NOTICE.—The Secretaries shall publish

20 in the Federal Register at least 30 days prior to any trans21 fer or interchange to be made pursuant to subsection (a)

22 a notice of such transaction, together with a description

23 of the resource management objectives or public interest

24 to be served by such transaction.
78

S 1320 IS

1 SEC. 403. COMMERCIAL FILM AND PHOTOGRAPHY FEES.

2 (a) AUTHORITY.—(1) The Secretaries may permit

3 the use of land and facilities on Federal lands for—

4 (A) motion picture production;

5 (B) television production;

6 (C) soundtrack production;

7 (D) the production of an advertisement using a

8 prop or a model; or

9 (E) any similar commercial project.

10 (2) The Secretary shall not permit a use of land or

11 a facility described in paragraph (1) if the Secretary deter12 mines that a proposed use—

13 (A) is not appropriate; or

14 (B) will impair the value or resources of the

15 land or facility.

16 (b) BONDING AND INSURANCE.—The Secretary may

17 require a bond, insurance, or such other means as is nec18 essary to protect the interests of the United States in con19 nection with an activity conducted under a permit issued

20 pursuant to subsection (a).

21 (c) FEES.—(1) For any use of land or a facility on

22 Federal lands authorized pursuant to subsection (a), the

23 Secretary shall assess—

24 (A) a reimbursement fee as described in para25 graph (2); and
79

S 1320 IS

1 (B) a special use fee as described in paragraph

2 (3).

3 (2)(A) The Secretary shall require the payment of a

4 reimbursement fee in an amount that is not less than the

5 amount of any direct and indirect costs to the Government

6 incurred—

7 (i) in processing the application for a permit for

8 a use of land or facilities issued pursuant to sub9 section (a); and

10 (ii) as a result of the use of land and facilities

11 under the permit, including any necessary costs of

12 cleanup and restoration.

13 (B) An amount equal to the amount of a reimburse14 ment fee collected under this subparagraph shall—

15 (i) be retained by the Secretary; and

16 (ii) be available for use by the Secretary, with17 out further Act of appropriation, in the unit of the

18 Federal lands in which the reimbursement fee is col19 lected.

20 (3)(A) To determine the amount of a special use fee,

21 the Secretary shall establish a schedule of rates sufficient

22 to provide a fair return to the Government, based on fac23 tors such as—

24 (i) the number of people on site under the per25 mit issued pursuant to subsection (a);
80

S 1320 IS

1 (ii) the duration of activities under the permit;

2 (iii) the conduct of activities under the permit

3 in any area designated by a statute or regulation as

4 a special use area, including a wilderness or research

5 natural area;

6 (iv) the amount of equipment on site under the

7 permit; and

8 (v) any disruption of normal function on, or ac9 cessibility to, the unit on Federal lands including

10 temporary closure of land or a facility to the public.

11 (B) A special use fee under this paragraph shall be

12 distributed as follows—

13 (i) 80 percent shall be deposited in a special ac14 count in the Treasury, and shall be available, with15 out further Act of appropriation, for use by the su16 pervisors of units of Federal land where the fee was

17 collected; and

18 (ii) 20 percent shall be deposited in a special

19 account in the Treasury, and shall be available,

20 without further Act of appropriation, for use by su21 pervisors of units of Federal lands in the Forest

22 Service region or jurisdiction of the Bureau of Land

23 Management State Office where the fee was col24 lected.
81

S 1320 IS

1 (d) FEE EXCEPTIONS.—(1) The Secretary may waive

2 a special use fee or charge a reduced special use fee if

3 the activity for which the fee is charged provides clear edu4 cational or interpretive benefits for the public.

5 (2) Nothing in this subsection affects the requirement

6 that, in addition to fees under subsection (c), each indi7 vidual entering a unit of the Federal lands for purposes

8 described in subsection (a) shall pay any regular visitor

9 entrance fee charged to visitors to the unit.

10 (e) REGULATIONS.—(1) Not later than 180 days

11 after the date of enactment of this Act, each Secretary

12 shall promulgate regulations that establish a schedule of

13 rates for fees collected under subsection (c) based on fac14 tors listed in subsection (c)(3)(A).

15 (2) Not later than 3 years after the date of enactment

16 of this Act, and periodically thereafter, each Secretary

17 shall review and, as appropriate, revise the regulations

18 promulgated under this subsection.

19 (3) The prohibition on fees set forth in section

20 5.1(b)(1) of title 43, Code of Federal Regulations, shall

21 cease to apply beginning on the effective date of regula22 tions promulgated under this subsection.

23 (4) Nothing in this Act, other than paragraph (3),

24 affects the regulations set forth in part 5 of title 43, Code

25 of Federal Regulations.
82

S 1320 IS

1 (f) CIVIL PENALTY.—(1) A person that violates any

2 regulation promulgated under subsection (e), or conducts

3 or attempts to conduct an activity under subsection (a)(1)

4 without obtaining a permit or paying a fee, shall be as5 sessed a civil penalty—

6 (A) for the first violation, in the amount that

7 is equal to twice the amount of the fees charged (or

8 fees that would have been charged) under subsection

9 (c)(2);

10 (B) for the second violation, in the amount that

11 is equal to 5 times the amount of the fees charged

12 (or fees that would have been charged) under sub13 section (c)(2); and

14 (C) for the third and each subsequent violation,

15 in the amount that is equal to 10 times the amount

16 of the fees charged (or fees that would have been

17 charged) under subsection (c)(2).

18 (2) A person that violates this section or any regula19 tion promulgated under subsection (e) shall be required

20 to pay all costs of any proceedings instituted to enforce

21 this section.

22 (g) EFFECTIVE DATE.—(1) Except as provided in

23 paragraph (2), this section and the regulations promul24 gated under subsection (d) take effect 180 days after the

25 date of enactment of this Act.
83

S 1320 IS

1 (2) This section and the authority of the Secretary

2 to promulgate regulations under subsection (e) take effect

3 on the date of enactment of this Act.

4 SEC. 404. FOREST SERVICE VISITOR FACILITIES IMPROVE5 MENT DEMONSTRATION PROGRAM.

6 (a) IN GENERAL.—The Secretary of Agriculture shall

7 implement a public/private venture demonstration pro8 gram of not more than 15 projects for purposes of evalu9 ating the feasibility of utilizing non-Federal funds to con10 struct, rehabilitate, maintain, and operate federally owned

11 visitor facilities (including resorts, campgrounds, and ma12 rinas) on Federal lands described in section 3(a)(4)(B)

13 and to conduct the requisite environmental analysis associ14 ated with those activities.

15 (b) AUTHORIZATION.—In accordance with the appli16 cable resource management plans, the Secretary of Agri17 culture shall authorize individuals, corporations, public

18 agencies, and nonprofit groups to construct, maintain, and

19 operate new visitor facilities and rehabilitate, maintain,

20 and operate existing visitor facilities on the Federal lands

21 described in section 3(a)(4)(B). The Secretary of Agri22 culture shall provide for competition in the selection of any

23 concessionaire under this section to ensure the highest

24 quality visitor services consistent with the best financial

25 return to the Federal Government.
84

S 1320 IS

1 (c) TERM OF AUTHORIZATION AND DEPRECIA2 TION.—(1) The term of each authorization provided pur3 suant to subsection (b) shall be based on the estimate by

4 the Secretary of Agriculture of the time needed to allow

5 the concessionaire to depreciate its capital investment, ex6 cept that in no event shall the term of authorization exceed

7 30 years.

8 (2) Any authorization provided pursuant to sub9 section (b) shall provide for the purchase by the Forest

10 Service or succeeding concessionaire of any value in the

11 authorized improvements attributable to the conces12 sionaire’s capital investment that is not fully

13 depreciated—

14 (A) upon termination of the authorization; or

15 (B) upon revocation of the authorization for

16 reasons in the public interest.

17 (3) For the purposes of paragraph (2), the

18 underpreciated value of the improvements shall be deter19 mined by appraisal conducted by an independent third

20 party approved by the Forest Service and paid for by the

21 concessionaire.

22 (d) DISPOSAL OF EXISTING FACILITIES.—(1) Not23 withstanding any other provision of law, the Secretary of

24 Agriculture is authorized to sell at fair market value exist25 ing federally owned visitor facilities on Federal lands de-
85

S 1320 IS

1 scribed in section 3(a)(4)(B) to a concessionaire author2 ized under this section, if the Secretary of Agriculture de3 termines sale of the facilities is in the best interest of the

4 Federal Government and if the concessionaire agrees that

5 any construction, renovation, or improvement of such fa6 cilities will be consistent with applicable resource manage7 ment plans and Federal and State laws.

8 (2) The fair market value of the facilities referred

9 to in paragraph (1) will be determined by appraisal con10 ducted by an independent third party approved by the

11 agency and paid for by the concessionaire.

12 (e) CONCESSION FEES.—(1) The Secretary of Agri13 culture shall charge and collect concession fees established

14 by bid as a percentage of the concessionaire’s gross rev15 enue from authorized activities associated with the bid.

16 (2) Funds collected in accordance with this sub17 section shall be deposited in a special account in the

18 Treasury of the United States.

19 (f) AUTHORITY TO USE FUNDS.—(1) Funds depos20 ited pursuant to subsection (e)(2) shall be available for

21 expenditure by the Secretary of Agriculture without fur22 ther appropriation, and shall remain available until ex23 pended for purpose of enhancing visitor services, including

24 infrastructure at non-fee recreation facilities, facilities

25 maintenance, project and program monitoring, interpre-
86

S 1320 IS

1 tive programs, environmental analysis, and environmental

2 restoration.

3 (2) Five years before the termination of an authoriza4 tion provided pursuant to subsection (b), the Secretary of

5 Agriculture shall require bonding from the concessionaire

6 to ensure that federally owned facilities are in satisfactory

7 condition for future use by the Federal Government or a

8 successive concessionaire.

9 (h) REPORT TO CONGRESS.—Within four years of the

10 date of enactment of this Act, the Secretary of Agriculture

11 shall submit to the Committees of Congress a report evalu12 ating the program established pursuant to this section and

13 providing recommendations for permanent authority to

14 undertake a public/private venture program.

15 (i) EXPIRATION OF AUTHORITY.—This section shall

16 expire at the end of 30 full fiscal years after the date of

17 enactment of this Act, except that the authority to issue

18 new authorizations under this section shall expire at the

19 end of one full fiscal year after the date of enactment of

20 this Act.

21 (j) RELATION TO OTHER LAWS.—Amounts collected

22 under this subsection (e) shall not be taken into account

23 for the purposes of the sixth paragraph under the heading

24 of ‘‘Forest Service’’ of the Act of May 23, 1908 (7 U.S.C.

25 § 500); section 13 of the Act of March 1, 1911 (16 U.S.C.
87

S 1320 IS

1 § 500); the Act of March 4, 1913 (16 U.S.C. § 501); the

2 Act of July 22, 1937 (7 U.S.C. § 1012); the Acts of Au3 gust 8, 1937 and of May 24, 1939 (43 U.S.C. §§ 1181

4 et seq.); the Act of June 14, 1926 (43 U.S.C. § 869–4);

5 chapter 69 of title 31, United States Code; section 401

6 of the Act of June 15, 1935 (16 U.S.C. § 715s); the Land

7 and Water Conservation Fund Act of 1965 (16 U.S.C.

8 460l–6a); and any other provision of law relating to rev9 enue allocation.

10 SEC. 405. FEES FOR LINEAR RIGHT-OF-WAY.

11 (a) DEFINITION.—For purposes of this section, the

12 term ‘‘linear rights-of-way’’ means a right-of-way author13 ized by the Secretary—

14 (1) under section 501 of the Federal Land Pol15 icy and Management Act of 1976 (43 U.S.C.

16 § 1761) for a power line, telephone line, fiberoptic

17 communication line, ditch, canal, road, trail, or pipe18 line; or

19 (2) under the Act of February 25, 1920 (30

20 U.S.C. § 185) for an oil and gas pipeline.

21 (b) FEES.—(1) Each Secretary shall charge and col22 lect rental fees for linear rights-of-way based on the fair

23 market value of the rights and privileges authorized, ex24 cept where the linear rights-of-way are exempt from such
88

S 1320 IS

1 fees under laws in existence on the date of enactment of

2 this Act.

3 (2) Each Secretary may waive the application of

4 paragraph (1) in accordance with applicable regulations.

5 SEC. 406. FEES FOR PROCESSING RECORDS REQUESTS.

6 Notwithstanding any other provision of law, the Sec7 retaries may not waive or reduce any fee applicable to the

8 processing of a request that exceeds $1,000, or of multiple

9 requests from the same company, organization, or other

10 entity, including any affiliates or members of the same

11 company, organization or other entity, that exceed $1,000

12 within a 6-month period, for records under section 1 of

13 the Act of September 6, 1966, as amended (5 U.S.C.

14 § 552).

15 SEC. 407. OFF-BUDGET STUDY.

16 Within twelve months from the date of enactment of

17 this Act, the United States General Accounting Office

18 shall conduct, and report to the Committees of Congress

19 the results of, a study of the feasibility and likely effects

20 of prohibiting any appropriations of funds to the Forest

21 Service and Bureau of Land Management, except for ac22 tivities of such agencies conducted on or related to non23 Federal lands, and permitting such agencies to retain for

24 their use, without further approval of, or appropriation by,

25 Congress and without fiscal year limitation, all revenues
89

S 1320 IS

1 collected from the Federal lands, with revenues from min2 eral activities on Federal lands described in section

3 3(a)(4)(B) retained by the Forest Service, minus the

4 funds necessary to make payments to State and local gov5 ernments under other laws concerning the distribution of

6 revenues derived from the Federal lands.

7 SEC. 408. EXEMPTION FROM STRICT LIABILITY FOR THE

8 RECOVERY OF FIRE SUPPRESSION COSTS.

9 Section 504(h) of the Federal Land Policy and Man10 agement Act of 1976 (43 U.S.C. § 1764(h)) is amended

11 by adding at the end thereof the following new paragraph:

12 ‘‘(3) No regulation shall impose liability without

13 fault for fire suppression costs with respect to a

14 right-of-way granted, issued, or renewed under this

15 Act to or for a nonprofit entity, including a non16 profit entity that uses such right-of-way for the de17 livery of electricity to parties having an equity inter18 est in such entity.’’.

19 PART B—NON-FEDERAL LANDS

20 SEC. 409. ACCESS TO ADJACENT OR INTERMINGLED NON21 FEDERAL LANDS.

22 (a) DEADLINES.—(1) Each Secretary shall process

23 any application for access over, upon, under, or through

24 Federal lands within the jurisdiction of the Secretary to

25 non-Federal land pursuant to section 1323 of the Alaska
90

S 1320 IS

1 National Interest Lands Conservation Act (16 U.S.C.

2 § 3210) within 180 days of receipt of a complete applica3 tion.

4 (2)(A) Each Secretary shall notify in writing an ap5 plicant for access in accordance with this section whether

6 an application is complete within 15 days of receipt there7 of.

8 (B) If a Secretary finds an application for access in

9 accordance with this section to be incomplete, the Sec10 retary shall describe in detail in the notification required

11 by subparagraph (A) what additional information is nec12 essary to render the application complete.

13 (3)(A) If an application for access in accordance with

14 this section has not been fully processed by the deadline

15 established in paragraph (1), the access shall be deemed

16 approved as described in the application.

17 (B) If the Secretary fails to notify an applicant for

18 access in accordance with this section by the deadline es19 tablished in paragraph (2)(A), the application shall be

20 deemed complete.

21 (b) ENVIRONMENTAL ANALYSIS AND REQUIRE22 MENTS.—(1) The environmental analysis documents re23 quired by section 102(2) of the National Environmental

24 Policy Act of 1969 (42 U.S.C. § 4332(2)) and section 7

25 of the Endangered Species Act of 1973 (16 U.S.C. § 1536)
91

S 1320 IS

1 shall consider the environmental effects of the construc2 tion, maintenance, and use of the access across the Fed3 eral lands and shall not consider the use of the non-Fed4 eral lands to be accessed.

5 (2) Any limitation or condition on the access which

6 the Secretary is permitted to impose pursuant to section

7 1323 of the Alaska National Interests Lands Conservation

8 Act shall limit or condition solely the construction, mainte9 nance, or use of the access across the Federal lands and

10 not the use of the non-Federal lands to be accessed.

11 SEC. 410. EXCHANGES OF FEDERAL LANDS FOR NON-FED12 ERAL LANDS.

13 Section 206 of the Federal Land Policy and Manage14 ment Act of 1976 (43 U.S.C. § 1716) is amended—

15 (1) in subsection (b), by inserting ‘‘(1)’’ after

16 ‘‘(b)’’ and adding at the end thereof the following

17 paragraphs:

18 ‘‘(2)(A) An environmental assessment shall be the

19 document prepared for any exchange under this Act pur20 suant to section 102(2) of the National Environmental

21 Policy Act of 1969 (42 U.S.C. § 4332(2)). Such document

22 shall not include any assessment of the future use or de23 velopment of the land transferred out of Federal owner24 ship, except for consideration of any plans or proposals
92

S 1320 IS

1 for such land available to the Secretary concerned prior

2 to publication of the environmental assessment.

3 ‘‘(B) For any land exchange required by an Act of

4 Congress in which the specific lands or interests in lands

5 to be exchanged are described, unless otherwise required

6 by such Act, no documentation pursuant to section 102(2)

7 of the National Environmental Policy Act of 1969 (42

8 U.S.C. § 4332(2)) shall be required.

9 ‘‘(C) Any procedure pursuant to section 7(a) of the

10 Endangered Species Act of 1973 (16 U.S.C. § 1536(a))

11 for an exchange under this Act shall be completed within

12 45 days after the date on which the procedure is initiated.

13 ‘‘(D) After completion of an exchange under this Act,

14 the Secretary concerned shall not, except as otherwise pro15 vided by law or regulation, undertake or authorize any ac16 tion on the non-Federal lands or interests in land acquired

17 in the exchange until the Secretary has complied with sec18 tion 102(2) of the National Environmental Policy Act of

19 1969 and section 7(a) of the Endangered Species Act of

20 1973 concerning such action, and completed any necessary

21 amendment to or revision of the land use plan or land

22 and resource management plan applicable to such land.

23 ‘‘(3) The Secretary concerned shall complete the

24 processing of, and make a final decision on, any exchange
93

S 1320 IS

1 under this Act within one year from the date of submission

2 of the application for the exchange.

3 ‘‘(4) The non-Federal lands or interests in land to

4 be included in any exchange under this Act shall be valued

5 without the application of any Federal or State restriction

6 concerning an environmental value or a resource the pro7 tection of which is considered by the Secretary concerned

8 as a public benefit to be obtained by the exchange.

9 ‘‘(5) The Secretary concerned may employ competi10 tive methods to dispose by exchange of Federal lands or

11 interests in lands which are unique in character, which

12 have values atypical of the general market, for which mar13 ket data is limited, or for which competitive interest is

14 demonstrated. The Secretary concerned is not obligated

15 to select the highest value property offered in exchange

16 for such Federal lands or interests and may reject any

17 and all proposals for exchange.

18 ‘‘(6) the Secretary concerned may prequalify Federal

19 lands or interests in lands for exchange as a means of

20 preliminary identification of lands or interests suitable for

21 disposal. For the purposes of this paragraph, the term

22 ‘prequalify’ means conducting the necessary assessments

23 and inventories for Federal lands or interests with the rec24 ognition that such assessments and inventories may need

25 to be updated or completed in greater detail to reflect
94

S 1320 IS

1 changes occurring after the date on which the Secretary

2 prequalified the lands or interests.

3 ‘‘(7) For Federal lands or interests in lands acquired

4 by a State in exchange for school trust lands held by the

5 State, the Secretary concerned, in lieu of conducting a cul6 tural assessment under section 106 of the National His7 toric Preservation Act (16 U.S.C. § 470f) on such lands

8 or interests prior to their transfer, may enter into an

9 agreement with the State which provides for protection of

10 archaeological resources and sites known or later discov11 ered on such lands or interests to the maximum extent

12 practicable under State law.

13 ‘‘(8) Existing exchange authorities of the Secretary

14 of Agriculture may be used to exchange federally owned

15 subsurface rights underlying non-Federal surface lands lo16 cated within the boundaries of a unit of the National For17 est System, or where the Federal subsurface rights were

18 acquired under the Bankhead-Jones Farm Tenant Act of

19 1937 (7 U.S.C. §§ 1010–1012) and are administered as

20 part of the National Forest System. Any such exchange

21 shall not conflict with any prior Federal sale or lease of

22 subsurface resources as determined through consultation

23 between the Secretary of Agriculture and the Secretary

24 of the Interior prior to any such exchange.
95

S 1320 IS

1 ‘‘(9)(A) Amounts received by the Secretary concerned

2 under paragraph (1) shall be deposited in special funds

3 established in the Treasury of the United States for the

4 Bureau of Land Management and Forest Service, subject

5 to subparagraph (B). Amounts in each fund, subject to

6 appropriations, shall be available to the Secretary con7 cerned for processing exchanges under this Act, including

8 cash equalization.

9 ‘‘(B) Amounts in each fund referred to in subpara10 graph (A) may not exceed $12,000,000 at any time.

11 Amounts received by the Secretary concerned under this

12 section which, but for this subparagraph, would be added

13 to each fund shall instead be covered into the Treasury

14 of the United States as miscellaneous receipts.’’; and

15 (2) in subsection (h), by striking out

16 ‘‘$150,000’’ and inserting in lieu thereof

17 ‘‘$500,000’’.

18 PART C. THE FOREST RESOURCE

19 SEC. 411. TIMBER SALE PREPARATION USER FEE.

20 (a) IN GENERAL.—The Secretary of Agriculture shall

21 establish a pilot program to charge and collect fees, at the

22 time of the timber contract award, to cover the direct costs

23 to the Department of Agriculture of timber sale prepara24 tion and harvest administration, including timber design,
96

S 1320 IS

1 layout, and marking, on Federal lands described in section

2 3(a)(4)(B).

3 (b) EXCEPTIONS.—Subsection (a) shall not apply to

4 timber sale preparation and harvest administration costs

5 for—

6 (1) preparing an environmental analysis under

7 section 102(2) of the National Environmental Policy

8 Act of 1969 (42 U.S.C. § 4332(2));

9 (2) conducting timber sales for stewardship

10 purposes under section 347 of the Department of In11 terior and Related Agencies Appropriations Act,

12 1999; and

13 (3) conducting timber sales when the Secretary

14 of Agriculture determines that the fee would ad15 versely affect the marketability of the timber sale, or

16 the ability of small businesses (as defined in the

17 Small Business Act (15 U.S.C. §§ 631 et seq.) to bid

18 competitively on the timber sale.

19 (c) COLLECTION AND USE OF FUNDS.—(1) Fees col20 lected under this section shall be deposited in a special

21 fund in the Treasury of the United States.

22 (2) Funds deposited in the Treasury of the United

23 States in accordance with paragraph (1) shall be made

24 available to the Secretary of Agriculture to the extent and

25 in such amounts as provided in advance in appropriation
97

S 1320 IS

1 Acts to remain available until expended to pay for the ac2 tivities for which the fee is authorized.

3 (d) PURCHASER ELECTION.—(1) A purchaser of a

4 timber sale for which fees have been or will be charged

5 pursuant to this section may elect to contract for any har6 vest administration activities subject to fees in lieu of pay7 ment of such fees.

8 (2) A purchaser may not enter into a contract pursu9 ant to paragraph (1) with any party other than a party

10 selected by the purchaser from a list prepared by the Sec11 retary of Agriculture of parties who the Secretary of Agri12 culture has determined are qualified to conduct the spe13 cific harvest administration activities subject to the con14 tract.

15 (3) The Secretary of Agriculture shall prepare the list

16 or lists necessary to implement paragraph (2) prior to

17 charging or collecting any fees under this section.

18 (e) TERM.—The authority to charge fees under this

19 section shall commence on the date of enactment of this

20 Act and shall continue for a period of 8 full fiscal years

21 thereafter.

22 SEC. 412. FOREST HEALTH CREDITS IN SALES OF FOREST

23 PRODUCTS.

24 (a) AUTHORITY TO ISSUE FOREST HEALTH CRED25 ITS.—(1) The Secretaries are authorized to require, as a
98

S 1320 IS

1 condition of any specific salvage sale of forest products

2 from the Federal lands or any sale of forest products con3 stituting a forest health enhancement project pursuant to

4 section 413, that the purchaser undertake a forest health

5 management activity or activities as defined in subsection

6 (j) which address effects of the operation of the sale or

7 past sales of forest products or involve vegetation manage8 ment within the area of the sale or the area in which such

9 effects occur or occurred.

10 (2) A condition described in paragraph (1) may be

11 included in a contract of sale only when the Secretary de12 termines that—

13 (A) the land management objectives of the for14 est health management activity or activities can be

15 accomplished most efficiently when performed as

16 part of the sale contract; and

17 (B) it is unlikely that the forest health manage18 ment activity or activities will be performed except

19 under the authority of subsection (a).

20 (3) The original term of any sale contract with a con21 dition described in paragraph (1) shall not exceed 3 years.

22 (b) FINANCING AND SUPPLEMENTAL FUNDING.—(1)

23 Financing of the forest health management activity or ac24 tivities in a contract for a sale under the authority of sub25 section (a) shall be accomplished by including provisions
99

S 1320 IS

1 in the contract for amortization of the cost of such activity

2 or activities through issuance of forest health credits to

3 the purchaser which offset such cost against the pur4 chaser’s payment for the forest products materials.

5 (2)(A) Appropriated funds may be used to assist the

6 forest health management activity or activities in a con7 tract for sale under the authority of subsection (a) if such

8 funds are provided by the resource function or functions

9 that directly benefit from the performance of the activity

10 or activities and are available from the annual appropria11 tion of such function or functions during the fiscal year

12 in which the sale is offered.

13 (B) The amount to be paid from appropriated funds

14 for each forest health management activity shall be in15 cluded in the prospectus, and published in the advertise16 ment, for the sale.

17 (c) DETERMINING FOREST HEALTH CREDITS.—(1)

18 Prior to the advertisement of a sale under the authority

19 of subsection (a), the Secretary shall determine the

20 amount of forest health credits to be allocated to each for21 est health management activity to be performed by the

22 purchaser under the contract.

23 (2) A description of the forest health management ac24 tivity or activities to be performed by the purchaser, and

25 the amount of forest health credits allocated to each activ-
100

S 1320 IS

1 ity, shall be included in the prospectus, and published in

2 the advertisement, for the sale.

3 (d) CHANGED CONDITIONS.—The Secretary, with the

4 concurrence of the purchaser of a sale under the authority

5 of subsection (a), may alter the scope of work of a forest

6 health management activity or activities, and the amount

7 of forest health credits for the activity or activities, in the

8 sale after award of the sale and prior to operation of the

9 sale when warranted by a change in conditions.

10 (e) TRANSFER OF FOREST HEALTH CREDITS.—Each

11 Secretary may permit the transfer of unused forest health

12 credits from one sale under the authority of subsection

13 (a) to another such sale held by the same purchaser if

14 such other sale applies to Federal lands that are under

15 the jurisdiction of such Secretary and located in the same

16 State as the original sale.

17 (f) EXISTING PROCEDURES AND REQUIREMENTS.—

18 Nothing in this section shall be deemed to require or au19 thorize any alteration in the procedures or requirements

20 for sales of forest products under section 4(2) including

21 the applicable provisions of the small business set-aside

22 program and procedures for calculating payments to coun23 ties of a portion of sale receipts.

24 (g) COST CONSIDERATIONS.—Sales under the au25 thority of subsection (a) shall not be precluded because
101

S 1320 IS

1 the costs of such sales are likely to exceed the revenues

2 derived from such sales nor shall such sales be considered

3 in any calculations concerning the revenue effects of forest

4 products sales programs for the Federal lands or units

5 thereof.

6 (h) MONITORING AND REPORT.—The Secretaries

7 shall monitor the performance of contracts for sales issued

8 under the authority of subsection (a) and, no later than

9 the date 4 years from the date of enactment of this Act,

10 shall submit a joint report to the Committees of Congress

11 which assesses the effectiveness of such contracts, dis12 cusses whether continued use of such contracts is advis13 able, and offers any changes in the law or regulations gov14 erning, or in the administration of, such contracts which

15 the Secretaries deem appropriate.

16 (i) TERMINATION OF AUTHORITY.—(1) The author17 ity to offer sales of forest products pursuant to this section

18 shall terminate 5 years after the date of enactment of this

19 Act.

20 (2) Any contract for sale under the authority of sub21 section (a) that is issued prior to, and is in effect upon,

22 the termination date established by paragraph (1) shall

23 remain in effect under the terms of the contract for the

24 duration of the contract.
102

S 1320 IS

1 (j) DEFINITION OF FOREST HEALTH MANAGEMENT

2 ACTIVITY.—For purposes of this section, the term ‘‘forest

3 health management activity’’ means any thinning, salvage,

4 forest stand improvement, reforestation, prescribed burn5 ing (including natural ignition) or other fuels manage6 ment, insect or disease control, riparian or other habitat

7 improvement, or other activity, the purpose of which is

8 to—

9 (1) arrest the decline in forest health and re10 store forest health in the area in which the activity

11 is to be undertaken to a condition capable of sup12 porting and sustaining the uses of the area within

13 the historic range of variability of such area or as

14 determined in the land management plan or plans

15 applicable to such area;

16 (2) safeguard human life, property, and com17 munities on and near the Federal land, particularly

18 in wildland/urban interface areas;

19 (3) protect the various forest resources of the

20 Federal lands placed at risk by adverse forest health

21 conditions, including air and water quality, wildlife,

22 and recreation and visual values;

23 (4) restore, maintain, or enhance the integrity

24 of ecosystems, watersheds, and habitats damaged or

25 placed at risk by adverse forest health conditions; or
103

S 1320 IS

1 (5) protect existing Federal investments in the

2 forest resources of the Federal lands, and future

3 Federal, State, and local revenues that otherwise

4 would be forgone.

5 SEC. 413. SPECIAL FUNDS.

6 (a) BUREAU OF LAND MANAGEMENT.—The Sec7 retary of the Interior shall maintain a special fund estab8 lished pursuant to Public Law 102–381, which shall be

9 derived from the Federal share of all monies received from

10 the salvage sales of forest products from all Federal lands

11 described in section 3(a)(4)(A), and which shall be avail12 able, without further appropriation, for the purposes of

13 planning and preparing salvage sales of forest products,

14 the administration of salvage sales, and subsequent site

15 preparation and reforestation, and forest health enhance16 ment projects, including, but not limited to, prescribed

17 burning (including natural ignition) or other fuels man18 agement, site preparation, tree planting, protection of

19 seedlings from animals and other environmental elements,

20 release from competing vegetation, and stand thinning.

21 The Federal share of any revenues received from forest

22 health enhancement projects shall be returned to the spe23 cial fund and be made available for the purpose provided

24 in this subsection.
104

S 1320 IS

1 (b) FOREST SERVICE.—The Federal share of all

2 monies received from the salvage sales of forest products

3 from, and any other activities funded pursuant to this sub4 section on, Federal lands described in section 3(a)(4)(B)

5 may be credited to the Forest Service Permanent Appro6 priations to be expended on such lands for: salvage sales

7 of forest products; preparation of sales of forest products

8 to replace sales lost to fire or other causes; preparation

9 of sales of forest products to replace sales inventory on

10 the shelf for any national forest to a level sufficient to

11 maintain new sales availability equal to a rolling 5-year

12 average of the total sales offerings; design, engineering,

13 and supervision of construction of roads lost to fire or

14 other causes associated with the sales programs described

15 in this subsection; watershed assessment activities; and

16 forest health enhancement projects, including, but not lim17 ited to prescribed burning (including natural ignition) or

18 other fuels management, site preparation, tree planting,

19 protection of seedlings from animals and other environ20 mental elements, release from competing vegetation, and

21 stand thinning.

22 (c) PAYMENTS TO LOCAL GOVERNMENTS.—Revenues

23 received from the salvage sales of forest products, and

24 other activities, funded pursuant to this section shall be

25 considered as money received for purposes of computing
105

S 1320 IS

1 and distributing payments to State and local governments

2 under other law concerning the distribution of revenues

3 derived from forest resources from the affected Federal

4 lands.

5 SEC. 414. PRIVATE CONTRACTORS.

6 To conserve budgetary and personnel resources, each

7 Secretary shall use to the maximum extent feasible private

8 contractors, including contractors pursuant to the Jobs in

9 the Woods Program, to prepare sales of forest products

10 from the Federal lands under the Secretary’s jurisdiction:

11 Provided, That—

12 (1) any work conducted by a contractor on a

13 sale shall be reviewed and approved by the Secretary

14 before any decision on the design of, conditions for,

15 or approval or disapproval of the sale may be made

16 by the Secretary;

17 (2) a contractor who worked on a sale may not

18 submit comments on, or otherwise participate in,

19 any decision by the Secretary on the design of, con20 ditions for, or approval or disapproval of the sale;

21 (3) a contractor who conducted work on a sale,

22 any entity owned or controlled by the contractor, or

23 any member of the family of the contractor, may not

24 bid on the sale or provide any information to poten-
106

S 1320 IS

1 tial bidders and bidders on the sale prior to award

2 of the sale; and

3 (4) any contracts issued pursuant to this sec4 tion shall comply with the requirements of the

5 McNamara-O’Hara Service Contract Act (11 U.S.C.

6 § 351(a)).

7 SEC. 415. TIMBER AND SPECIAL FOREST PRODUCTS.

8 (a) DEFINITION OF SPECIAL FOREST PRODUCT.—

9 For purposes of this section, the term ‘‘special forest prod10 uct’’ means any vegetation or other life form, that grows

11 on Federal lands described in section 3(a)(4)(B), exclud12 ing trees, animals, insects, or fish except as provided in

13 regulations issued under this section by the Secretary of

14 Agriculture.

15 (b) FAIR MARKET VALUE FOR SPECIAL FOREST

16 PRODUCTS.—The Secretary of Agriculture shall charge

17 and collect not less than the fair market value for special

18 forest products harvested on Federal lands described in

19 section 3(a)(4)(B). The Secretary of Agriculture shall es20 tablish appraisal methods and bidding procedures to en21 sure that the amounts collected for special forest products

22 are not less than fair market value.

23 (c) FEES.—

24 (1) IN GENERAL.—The Secretary of Agriculture

25 shall charge and collect from persons who harvest
107

S 1320 IS

1 special forest products all costs to the Department

2 of Agriculture associated with the granting, modi3 fying, or monitoring the authorization for harvest of

4 the special forest products, including the costs of

5 any environmental or other analysis.

6 (2) SECURITY.—The Secretary of Agriculture

7 may require a person that is assessed a fee under

8 this subsection to provide security to ensure that the

9 Secretary of Agriculture receives fees authorized

10 under this subsection from such person.

11 (d) WAIVER.—The Secretary of Agriculture may

12 waive the application of subsection (b) or subsection (c)

13 pursuant to such regulations as the Secretary of Agri14 culture may prescribe.

15 (e) COLLECTION AND USE OF FUNDS.—(1) Funds

16 collected in accordance with subsection (b) and subsection

17 (c) shall be deposited into a special account in the Treas18 ury of the United States.

19 (2) Funds deposited into the special account in the

20 Treasury in accordance with this section shall be available

21 for expenditure by the Secretary of Agriculture, without

22 further appropriation, and shall remain available until ex23 pended to pay for—

24 (A) in the case of funds collected pursuant to

25 subsection (b), the costs of conducting inventories of
108

S 1320 IS

1 special forest products, monitoring and assessing the

2 impacts of harvest levels and methods, and for res3 toration activities, including any necessary vegeta4 tion; and

5 (B) in the case of fees collected pursuant to

6 subsection (c), the costs for which the fees were col7 lected.

8 (3) Amounts collected under subsection (b) and sub9 section (c) shall not be taken into account for the purposes

10 of the sixth paragraph under the heading of ‘‘Forest Serv11 ice’’ of the Act of May 23, 1908 (16 U.S.C. § 500); section

12 13 of the Act of March 1, 1911 (16 U.S.C. § 500); the

13 Act of March 4, 1913 (16 U.S.C. § 501); the Act of July

14 22, 1937 (7 U.S.C. § 1012); the Acts of August 8, 1937

15 and of May 24, 1939 (43 U.S.C. §§ 1181 et seq.); the Act

16 of June 14, 1926 (43 U.S.C. § 869–4); chapter 69 of title

17 31 United States Code; section 401 of the Act of June

18 15, 1935 (16 U.S.C. § 715s); the Land and Water Con19 servation Fund Act of 1965 (16 U.S.C. § 460l–6a); and

20 any other provision of law relating to revenue allocation.

21 TITLE V—MISCELLANEOUS

22 SEC. 501. REGULATIONS.

23 Not later than 18 months from the date of enactment

24 of this Act, each Secretary shall promulgate any regula-
109

S 1320 IS

1 tions necessary to carry out the purposes and provisions

2 of this Act.

3 SEC. 502. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated in the fiscal

5 year in which this Act is enacted and each fiscal year for

6 10 fiscal years thereafter such sums as may be necessary

7 to carry out the provisions of this Act. Notwithstanding

8 any other provision of law, all other authorizations of ap9 propriations for the management of Federal lands shall

10 expire on the same date as the expiration of the appropria11 tions authority of this section.

12 SEC. 503. EFFECTIVE DATE.

13 The provisions of this Act shall take effect on the

14 date of enactment of this Act. No decision or action re15 quired or authorized by this Act shall be delayed pending

16 promulgation of any regulation to carry out the provisions

17 of this Act.

18 SEC. 504. SAVINGS CLAUSES.

19 (a) O & C LANDS ACT.—Notwithstanding any provi20 sion of this Act, in the event of conflict with or inconsist21 ency between this Act and the Acts of August 28, 1937

22 (50 Stat. 874; 43 U.S.C. §§ a–1181j) and May 24, 1939

23 (53 Stat. 753), the latter Acts shall prevail.

24 (b) LAND USE RIGHTS AND AUTHORIZATIONS.—

25 Nothing in this Act shall be construed as—
110

S 1320 IS

1 (1) terminating any valid lease, permit, patent,

2 right-of-way, or other right of, or authorization for,

3 use of the Federal lands existing on the date of en4 actment of this Act; or

5 (2) altering in any manner any Native Amer6 ican treaty right.

7 (c) VALID EXISTING RIGHTS.—All actions taken by

8 the Secretaries under this Act shall be subject to valid ex9 isting rights.

10 SEC. 505. SEVERABILITY.

11 If any provision of this Act or the application thereof

12 is held invalid, the remainder of the Act, or any other ap13 plication thereof, shall not be affected thereby.

Æ