I 

109TH CONGRESS 

1ST SESSION H. R. 3420 

To save taxpayers money, reduce the deficit, cut corporate welfare, protect 

communities from wildfires, encourage Federal land management agency 

reform and accountability, and protect and restore America’s natural 

heritage by eliminating the fiscally wasteful and ecologically destructive 

commercial logging program on Federal public lands, restoring native 

biodiversity in our Federal public forests, and facilitating the economic 

recovery and diversification of communities affected by the Federal logging program. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 25, 2005 

Mr. LEACH (for himself, Ms. SLAUGHTER, Mr. BROWN of Ohio, Mrs. 

MALONEY, Mr. HONDA, Mr. MCDERMOTT, Mr. LYNCH, Mr. LARSON of 

Connecticut, Ms. JACKSON-LEE of Texas, Ms. WOOLSEY, Mr. WEINER, 

Mr. HINCHEY, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. OLVER, Mr. 

RANGEL, Mr. LANTOS, Mrs. MCCARTHY, Mrs. DAVIS of California, Mr. 

SERRANO, Mr. SHERMAN, Ms. SCHAKOWSKY, Mr. FRANK of Massachusetts, Mr. GRIJALVA, Mr. MCGOVERN, Mr. MOORE of Kansas, Mr. 

MCNULTY, Mr. BERMAN, Ms. DELAURO, Mr. SHAYS, Mrs. CAPPS, Mr. 

PALLONE, Mr. LEWIS of Georgia, Ms. LEE, Mr. PAYNE, Mr. NADLER, 

Mrs. NAPOLITANO, Mr. OWENS, Mr. CONYERS, Mrs. TAUSCHER, Mr. ANDREWS, Mr. FILNER, Mr. GUTIERREZ, Mr. WYNN, Mr. HOLT, Mr. NEAL

of Massachusetts, Ms. BALDWIN, Mr. MEEKS of New York, Mr. ACKERMAN, Mr. VAN HOLLEN, and Mr. KUCINICH) introduced the following 

bill; which was referred to the Committee on Resources, and in addition 

to the Committees on Agriculture and Education and the Workforce, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To save taxpayers money, reduce the deficit, cut corporate 
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welfare, protect communities from wildfires, encourage 

Federal land management agency reform and accountability, and protect and restore America’s natural heritage by eliminating the fiscally wasteful and ecologically 

destructive commercial logging program on Federal public lands, restoring native biodiversity in our Federal 

public forests, and facilitating the economic recovery and 

diversification of communities affected by the Federal 

logging program. 

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 ‘‘National Forest Protection and Restoration Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Findings. 

Sec. 4. Prohibition on timber sales to protect Federal public lands. 

Sec. 5. Effect of prohibition on existing timber sale contracts. 

Sec. 6. Authorization of appropriations. 

Sec. 7. Natural heritage restoration. 

Sec. 8. Worker retraining. 

Sec. 9. Allocation of funds. 

Sec. 10. Continuation of payments for States and counties containing Federal 

public lands under Public Law 106–393. 

Sec. 11. Enforcement by citizens. 

8 SEC. 2. DEFINITIONS. 

9 For purposes of this Act: 

10 (1) AGENCIES.—The term ‘‘agencies’’ means 

11 the Forest Service, the National Park Service, the 
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1 Bureau of Land Management, and the United 

2 States Fish and Wildlife Service. 

3 (2) COMMERCIAL LOGGING.— 

4 (A) IN GENERAL.—The term ‘‘commercial 

5 logging’’ means— 

6 (i) the sale of timber; 

7 (ii) the execution of a timber sale; or 

8 (iii) any other transfer of timber or 

9 biomass to an individual, company, cor10 poration, or other entity, which then offers 

11 the transferred timber or biomass, or any 

12 product produced from that timber or bio13 mass, for sale or uses the transferred tim14 ber or biomass for other commercial pur15 poses. 

16 (B) INCLUSIONS.—The term ‘‘commercial 

17 logging’’ includes a sale, execution, or other 

18 transfer specified in subparagraph (A) regard19 less of— 

20 (i) the stated reason for the sale, exe21 cution, or transfer; or 

22 (ii) whether the timber is standing, 

23 fallen, living, or dead. 

24 (3) FEDERAL PUBLIC LANDS.—The term ‘‘Fed25 eral public lands’’ means— 
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1 (A) all lands in the United States included 

2 in the National Forest System; 

3 (B) all lands in the United States included 

4 in the National Wildlife Refuge System; 

5 (C) all lands in the United States included 

6 in the National Park System; and 

7 (D) all lands under the jurisdiction of the 

8 Bureau of Land Management. 

9 (4) NATIVE BIODIVERSITY.— 

10 (A) IN GENERAL.—The term ‘‘native bio11 diversity’’ means— 

12 (i) the full range of variety and varia13 bility within and among living organisms; 

14 and 

15 (ii) the ecological complexes in which 

16 the living organisms would have occurred 

17 in the absence of significant human im18 pact. 

19 (B) INCLUSIONS.—The term ‘‘native bio20 diversity’’ includes diversity— 

21 (i) within a species (including genetic 

22 diversity, species diversity, and age diver23 sity); 

24 (ii) within a community of species; 

25 (iii) between communities of species; 
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1 (iv) within a total area, such as a wa2 tershed; 

3 (v) along a vertical plane from ground 

4 to sky, including application of the plane 

5 to all the other types of diversity; and 

6 (vi) along the horizontal plane of the 

7 earth-surface, including application of the 

8 plane to all the other types of diversity. 

9 (C) EXCLUSIONS.—The term ‘‘native bio10 diversity’’ excludes genetically modified or engi11 neered organisms. 

12 (5) LATE-SUCCESSIONAL/OLD GROWTH FOR13 EST.—The term ‘‘late-successional/old growth for14 est’’ refers to any stand of forest within the bound15 aries of a timber sale that may contain trees that ex16 ceed 80 years in age. 

17 (6) ROADLESS AREA.—The term ‘‘roadless 

18 area’’ means each of the following: 

19 (A) Any inventoried roadless area. 

20 (B) Any area of at least 1,000 contiguous 

21 acres meeting Forest Service road density 

22 guidelines. 

23 (C) Any area of less than 1,000 contiguous 

24 acres meeting Forest Service road density 

25 guidelines, if the area is adjacent to a unit of 
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1 the National Wilderness Preservation System, a 

2 unit of the National Park System, an inven3 tories roadless area, or a designated Wilderness 

4 Study Area. 

5 (7) TIMBER SALE.— 

6 (A) IN GENERAL.—The term ‘‘timber sale’’ 

7 means— 

8 (i) the sale of timber; 

9 (ii) the offering of timber for sale or 

10 consideration; or 

11 (iii) any other transfer of timber or 

12 biomass to an individual, company, cor13 poration, or other entity, which then offers 

14 the transferred timber or biomass, or any 

15 product produced from that timber or bio16 mass, for sale or uses the transferred tim17 ber or biomass for other commercial pur18 poses. 

19 (B) INCLUSIONS.—The term ‘‘timber sale’’ 

20 includes a sale, offer, or other transfer specified 

21 in subparagraph (A) regardless of— 

22 (i) the stated reason for the sale, 

23 offer, or transfer; or 

24 (ii) whether the timber is standing, 

25 fallen, living, or dead. 
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1 SEC. 3. FINDINGS. 

2 Congress finds the following: 

3 (1) Polls conducted by the Forest Service show 

4 that a strong majority of the American people think 

5 that natural resources on Federal public lands 

6 should not be made available to produce consumer 

7 goods. 

8 (2) The 1995 Forest Service draft report enti9 tled ‘‘Forest Service Program for Forest and Range10 land Resources: A Long-Term Strategic Plan’’ shows 

11 that recreation and tourism in the National Forest 

12 System creates over 30 times more jobs, and gen13 erates over 30 times more income, than commercial 

14 logging on national forests. 

15 (3) According to Forest Service figures, timber 

16 cut from Federal public lands comprises less than 

17 five percent of the annual timber consumption of the 

18 United States. 

19 (4) The vast majority of America’s original 

20 pristine forests have been logged, and what little pri21 mary forest that remains exists almost entirely on 

22 public lands. 

23 (5) The ecological crisis resulting from this se24 vere habitat loss and fragmentation of American for25 ests requires bold action to protect this Nation’s 

26 natural heritage so that pristine forests may remain 
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1 pristine, and damaged forests may have an oppor2 tunity to recover. 

3 (6) It is in the interests of the American people 

4 and the international community to protect and re5 store native biodiversity in our Federal public lands 

6 for its inherent benefits, the resulting economic ben7 efits, and for the protection of this natural heritage 

8 for current and future generations. 

9 (7) The 1995 report of the Comptroller General 

10 regarding distribution of Forest Service timber sales 

11 receipts (GAO/RCED–95–237FS) and the 1998 fol12 low-up report (GAO/RCED–99–24) reveal that, of 

13 the hundreds of millions of dollars of taxpayer 

14 money that is annually expended on the Forest Serv15 ice timber sales program, only a small fraction finds 

16 its way back to the Federal Treasury, resulting in 

17 an enormous net loss to taxpayers. 

18 (8) In September 2001, the General Accounting 

19 Office stated that it was ‘impractical, if not impos20 sible, for us or anyone to accurately determine the 

21 Forest Service’s timber sales program cost.’’ (GAO– 

22 01–1101R Forest Service Timber Costs), and this 

23 lack of accurate accounting results in waste and 

24 abuse of taxpayer funds and natural resources. 
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1 (9) Forests absorb rainfall, retard stream run2 off, reduce floods, increase slope stability, and retain 

3 topsoil, and retard soil erosion and siltation in 

4 streams, irrigation ditches, and reservoirs. 

5 (10) Commercial logging has many indirect 

6 costs which are very significant, but not easily meas7 ured, such as flooding damage and relief of flooding 

8 damage through Federal funds, damage to the salm9 on fishing industry; and harm to the recreation and 

10 tourism industries. 

11 (11) A congressionally commissioned scientific 

12 study of the Sierra Nevada forests found that more 

13 than any other human activity, commercial logging 

14 has increased the risk and severity of fires by remov15 ing the cooling shade of trees and leaving flammable 

16 debris (see Sierra Nevada Ecosystem Project Final 

17 Report to Congress, Vol. 1, Assessment Summaries 

18 and Management Strategies, 1996). 

19 (12) Forest Service studies have confirmed the 

20 finding that logging, including both thinning and 

21 clearcutting, increases fire severity (United States 

22 Forest Service, Historical and Current Forest Land23 scapes in Eastern Oregon and Washington, Part II: 

24 Linking Vegetation Characteristics to Potential Fire 

25 Behavior and Related Smoke Production, PNW– 
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1 GTR–355, p. 22 (1995); United States Forest Serv2 ice, Integrated Scientific Assessment for Ecosystem 

3 Management in Interior Columbia Basin, PNW– 

4 GTR–382, p. 61 (1996)). 

5 (13) The Forest Service’s chief fire specialist 

6 has stated that the material that needs to be re7 duced to prevent unnaturally severe forest fires is 

8 underbrush that is less than two or three inches in 

9 diameter, not mature trees (Washington Journal, C– 

10 SPAN, Aug. 10, 2000). 

11 (14) The Forest Service’s own fire research sta12 tion found that the only effective way to protect 

13 homes in the urban/wildland interface from forest 

14 fires is to reduce the flammability of the home itself 

15 and its immediate surroundings within 40 meters, 

16 not engage in logging activities on Federal public 

17 lands (Jack Cohen, Reducing the Wildland Fire 

18 Threat to Homes: where and how much?, United 

19 States Forest Service, Fire Sciences Laboratory, 

20 Rocky Mountain Research Station, Missoula, Mon21 tana, report presented at the Fire Economics, Policy 

22 and Planning: Bottom Line Symposium, April 5–9, 

23 1999, San Diego, California). 

24 (15) It is in the interests of the American peo25 ple to protect watersheds on Federal public lands in 
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1 order to prevent potentially damaging and deadly 

2 floods. 

3 SEC. 4. PROHIBITION ON TIMBER SALES TO PROTECT FED4 ERAL PUBLIC LANDS. 

5 (a) PROHIBITION ON NEW TIMBER SALES.—Not6 withstanding any other provision of law, effective as of the 

7 date of the enactment of this Act, no timber sales shall 

8 be prepared, advertised, offered, or awarded on Federal 

9 public lands and, except as provided in section 5, no com10 mercial logging shall occur on Federal public lands. 

11 (b) EXCEPTIONS.—The use of forest materials for 

12 noncommercial use, including personal-use permits under 

13 the personal use component of the forest management pro14 gram of the Forest Service or an equivalent program of 

15 the Bureau of Land Management, the National Park Serv16 ice, or the United States Fish and Wildlife Service, to the 

17 extent allowed under existing law, is not prohibited by sub18 section (a), but any such use of forest materials for non19 commercial use must be consistent with section 7, includ20 ing subsection (k) of such section. 

21 (c) NATIVE AMERICAN TRIBES.—Nothing contained 

22 in this Act shall be construed to modify, amend, or breach 

23 any treaty in existence on the date of enactment of this 

24 Act with any Native American tribe. 
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1 SEC. 5. EFFECT OF PROHIBITION ON EXISTING TIMBER 

2 SALE CONTRACTS. 

3 (a) REMAINING SALVAGE RIDER SALES.—Notwith4 standing any outstanding judicial order or administrative 

5 proceeding interpreting section 2001 of Public Law 104– 

6 19 (109 Stat. 240; 16 U.S.C. 1611 note), the Secretary 

7 of Agriculture and the Secretary of the Interior shall im8 mediately suspend each timber sale or activity that was 

9 being undertaken in whole or in part under the authority 

10 provided in such section. 

11 (b) ROADLESS AREAS AND LATE-SUCCESSIONAL/ 

12 OLD GROWTH FORESTS.—Notwithstanding any other 

13 provision of law, the Secretary of Agriculture and the Sec14 retary of the Interior shall immediately suspend each tim15 ber sale in any roadless area or late-successional/old 

16 growth forest on Federal public lands. 

17 (c) PHASE-OUT PERIOD AUTHORIZED.—There shall 

18 be a 2-year period to phase out those timber sale contracts 

19 in existence as of the date of the enactment of this Act. 

20 The phase-out period shall begin on the date of the enact21 ment of this Act. Any remaining timber sales on Federal 

22 public lands shall be automatically suspended upon the ex23 piration of the phase-out period. Notwithstanding any 

24 other provision of law, no commercial logging shall occur 

25 anywhere on Federal public lands after the end of the 

26 phase-out period. 
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1 (d) EARLY TERMINATION.—For all timber sales sus2 pended under subsection (a), subsection (b), and sub3 section (c) of this subsection, the Secretary concerned 

4 shall— 

5 (1) exercise any provision of the original con6 tract that authorizes termination and payment of 

7 specified damages; or 

8 (2) terminate the contract to avoid adverse ef9 fects on the environment or natural resources. 

10 (e) PAYMENT FOR TIMBER SALE CONTRACTS RELIN11 QUISHED.—Any claim, whether as a result of a judgment 

12 or an agreement against the Federal Government, arising 

13 from termination of any timber sale contract under sub14 section (d) of this subsection, may be— 

15 (1) paid from funds made available under sec16 tion 1304 of title 31, United States Code, and shall 

17 not require reimbursement under section 13(c) of 

18 the Contract Disputes Act of 1978 (41 U.S.C. 

19 612(c)); 

20 (2) offset by forgiveness of a Federal Govern21 ment loan or loan guarantee; 

22 (3) paid through funds appropriated for the 

23 purpose; or 

24 (4) paid through the transfer of funds from 

25 Forest Service or Bureau of Land Management ac-
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1 counts for forest management, road construction, or 

2 general administration for such purposes. 

3 (f) DISPUTES.—Any claim by a purchaser against the 

4 Federal Government relating to a contract terminated 

5 under this section shall be subject to the Contract Dis6 putes Act of 1978 (41 U.S.C. 601 et seq.). 

7 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) CALCULATION OF TAXPAYER LOSSES FROM LOG9 GING.—The Secretary of Agriculture, in consultation with 

10 the Secretary of the Interior, shall determine the average 

11 amount of Federal funds appropriated annually from the 

12 General Fund of the Treasury over the five fiscal years 

13 immediately preceding the date of the enactment of this 

14 Act for commercial logging and commercial logging-re15 lated activities on Federal public lands. In making this 

16 determination, the Secretary shall include amounts ex17 pended for the following, using estimates when necessary: 

18 (1) Timber sales management. 

19 (2) Forest-land vegetation management. 

20 (3) Land management planning, inventory, and 

21 monitoring related to commercial logging. 

22 (4) Research related to commercial logging. 

23 (5) The portion of the forest roads and road 

24 maintenance program related to commercial logging. 
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1 (6) General administration expenses related to 

2 commercial logging. 

3 (7) Landline location related to commercial log4 ging. 

5 (8) Law enforcement related to commercial log6 ging. 

7 (9) The portion of the forest fire fighting and 

8 prevention program related to commercial logging. 

9 (10) The portion of any other activities related 

10 to commercial logging. 

11 (b) AUTHORIZATION.—There are authorized to be ap12 propriated such sums as may be necessary to carry out 

13 this Act in the fiscal years beginning after the date of the 

14 enactment of this Act, but not to exceed for any fiscal 

15 year two-thirds of the amount calculated in subsection (a) 

16 as the taxpayer losses from logging. 

17 (c) ADMINISTRATIVE EXPENSES.—Not more than 

18 ten percent of the funds appropriated or allocated to carry 

19 out sections 7 and 8 may be reserved for the administra20 tion of activities authorized under those sections. 

21 SEC. 7. NATURAL HERITAGE RESTORATION. 

22 (a) GENERAL REQUIREMENT.—Notwithstanding any 

23 other provision of law, agency projects or programs to re24 store biological diversity and ecological processes on Fed25 eral public lands shall be carried out in a manner con-
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1 sistent with this section and shall be integrated into the 

2 program established by this section. 

3 (b) PURPOSES AND BASIC MANAGEMENT REQUIRE4 MENTS.— 

5 (1) GENERAL PURPOSES.—The purpose of this 

6 section is to protect and restore the natural heritage 

7 of the Federal public lands through the restoration 

8 of native biodiversity and natural ecological com9 plexes and processes. In most circumstances, natural 

10 processes will heal damaged areas without assist11 ance, but, in many circumstances, where extensive 

12 damage from logging and road-building is evident, it 

13 is necessary to take immediate action to stop soil 

14 erosion and pervasive resource damage. The primary 

15 emphasis of this section is to change circumstances 

16 that effectively act as barriers to natural restoration 

17 processes. This section does not envision the broad 

18 application of largely experimental techniques or tac19 tics for which there is no solid scientific support or 

20 concrete evidence of effectiveness. 

21 (2) GUIDING PRINCIPLE.—It is also the purpose 

22 of this section to provide guidance and limitations 

23 for the protection and restoration of native biological 

24 diversity. The inherent guiding principle or basic ap25 proach that managers shall use to implement the ec-
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1 ological restoration provisions of this section is to 

2 ‘‘do no harm’’ to ecosystems when implementing ac3 tive management projects and programs. 

4 (3) PRECAUTIONARY APPROACH.—Scientific un5 certainty about complex ecosystems requires a pre6 cautionary approach to active management. There7 fore, proposed projects that are intended to restore 

8 ecological processes must have short- and long-term 

9 benefits that significantly outweigh any short- or 

10 long-term risks. 

11 (4) EMPHASIS OF ECOLOGICAL RESTORATION

12 PROJECTS.—In most cases, ecosystems are inher13 ently resilient if left to function without interference 

14 from man, but in some cases action is necessary to 

15 stop immediate resource damage. Therefore, ecologi16 cal restoration projects shall emphasize the removal 

17 of barriers that prevent ecosystems from restoring 

18 themselves. Some examples of such barriers are 

19 roads, erosion, landslides, nonnative invasive species, 

20 fire suppression, certain types of hazardous fuels, 

21 dams or man-made barriers in streams, and other 

22 significant man-made damage and developments that 

23 interfere with natural ecological processes. 

24 (5) REQUIERD EVALUATION.—In other cases 

25 ecosystems require the reintroduction of native spe-
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1 cies that once contributed to natural ecological proc2 esses. Therefore, each ecological restoration project 

3 shall include an evaluation of which native species 

4 may be missing from the ecosystem and shall ensure 

5 the presence of adequate habitat and forage or prey 

6 for the native species, to be followed by a scheduled 

7 reintroduction of the native species in coordination 

8 with State natural heritage and wildlife agencies and 

9 the United States Fish and Wildlife Service. 

10 (c) NATURAL HERITAGE RESTORATION CORPS.— 

11 (1) ESTABLISHMENT.—The Secretary of the In12 terior and the Secretary of Agriculture shall each es13 tablish a special unit (to be known as the ‘‘Natural 

14 Heritage Restoration Corps’’) for the purposes of— 

15 (A) conducting ecological restoration of na16 tive biodiversity in areas of Federal public lands 

17 where the integrity of natural ecosystems has 

18 been degraded; 

19 (B) assisting in the monitoring of forest 

20 resources, including effectiveness monitoring of 

21 ecological restoration projects; and 

22 (C) in cooperation with each agency’s law 

23 enforcement programs, monitoring and pro24 tecting public resources from various illegal ac25 tivities, including timber theft and poaching. 
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1 (2) USE OF PERSONNEL FROM EXISTING PRO2 GRAMS.—The Natural Heritage Restoration Corps 

3 may be created using personnel in existing programs 

4 in the agencies. 

5 (3) OTHER PERSONNEL AND EQUIPMENT.—In 

6 addition to the personnel selected under paragraph 

7 (2), the Natural Heritage Restoration Corps may 

8 hire other personnel, which may include private con9 tractors, and purchase or lease the necessary equip10 ment to implement the Natural Heritage Restoration 

11 Plans to achieve the goals and objectives as set forth 

12 by the Secretary of Agriculture and the Secretary of 

13 the Interior under this section. There shall be a hir14 ing preference for dislocated workers who have been 

15 terminated or laid off, or have received a notice of 

16 termination or lay off, as a consequence of the en17 actment of this Act. 

18 (4) TRAINING.—Personnel of the Natural Her19 itage Restoration Corps shall be properly trained so 

20 that they are able to carry out the activities specified 

21 in paragraph (1) consistent with this section. 

22 (d) NATURAL HERITAGE RESTORATION PLAN23 NING.— 

24 (1) NATIONAL FOREST SYSTEM LANDS.—For 

25 lands in the National Forest System, the Secretary 
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1 of Agriculture shall develop Natural Heritage Res2 toration Plans at the regional level to carry out an 

3 ecological restoration program in each region con4 sistent with this section and incorporating the stand5 ards, guidelines, and procedures developed in sub6 section (e). Such Plans shall be completed no later 

7 than 18 months after the date of enactment of this 

8 Act and shall be revised at least every 10 years. 

9 (2) BLM, NATIONAL WILDLIFE REFUGE, AND

10 NATIONAL PARK LANDS.—For lands under the juris11 diction of the Bureau of Land Management, and, as 

12 necessary for National Wildlife Refuges and units of 

13 the National Park System, the Secretary of the Inte14 rior shall develop Natural Heritage Restoration 

15 Plans at the regional level to carry out an ecological 

16 restoration program in each region consistent with 

17 this section and incorporating the standards, guide18 lines, and procedures developed in subsection (e). 

19 Such Plans shall be completed no later than 18 

20 months after the date of enactment of this Act and 

21 shall be revised at least every 10 years. 

22 (3) MONITORING.—The Secretary of the Inte23 rior and the Secretary of Agriculture shall include in 

24 the Natural Heritage Restoration Plans— 
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1 (A) monitoring provisions to ensure the ef2 fectiveness of each ecological restoration 

3 project; and 

4 (B) provisions to gauge each Plan’s 

5 progress in achieving any restoration goals and 

6 objectives that are developed in accordance with 

7 subsection (g). 

8 (4) FOLLOW-UP EVALUATIONS AND CORREC9 TIONS.—The Secretary of Interior and the Secretary 

10 of Agriculture shall provide for appropriate follow-up 

11 evaluations and actions to ensure the long-term suc12 cess of ecological restoration projects. The failure of 

13 any restoration project shall be evaluated and re14 ported to the appropriate Secretary, who shall take 

15 prompt action to provide new solutions to correct the 

16 failed restoration projects. 

17 (e) DEVELOPING STANDARDS, GUIDELINES, AND

18 PROCEDURES FOR RESTORATION.— 

19 (1) RESPONSIBILITIES OF THE SECRETARIES.— 

20 (A) The Secretary of Agriculture and Secretary of 

21 the Interior shall develop regional standards, guide22 lines, and procedures for restoration, consistent with 

23 this section, as soon as practicable after the date of 

24 the enactment of this Act, and shall incorporate 

25 these regional standards, guidelines, and procedures, 
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1 as well as regional Natural Heritage Restoration 

2 Plans, into land management plans for each unit of 

3 Federal public lands in accordance with existing 

4 land management planning regulations, by no later 

5 than two years after the date of enactment of this 

6 Act. 

7 (B) The Secretaries shall report to the Con8 gress on the progress of implementing this section in 

9 the annual report required by section 8(c) of the 

10 Forest and Rangeland Renewable Resources Plan11 ning Act of 1974 (16 U.S.C. 1606(c)) and section 

12 311 of the Federal Land Policy and Management 

13 Act of 1976 (43 U.S.C. 1741). 

14 (2) COMMITTEE OF SCIENTISTS.—(A) In car15 rying out the purposes of this subsection, the Sec16 retary of the Interior, in consultation with the Sec17 retary of Agriculture, shall appoint a committee of 

18 scientists, for each of the various administrative re19 gions in the United States who are not officers or 

20 employees of the Forest Service, the Bureau of Land 

21 Management, or the timber industry, and who are 

22 not contractors for the timber industry. 

23 (B) The committee shall provide scientific and 

24 technical advice and counsel on the proposed stand25 ards, guidelines, and procedures of this subsection to 
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1 assure that an effective interdisciplinary approach is 

2 proposed and adopted for the development of Nat3 ural Heritage Restoration Plans in each region. 

4 (C) The committee shall terminate upon pro5 mulgation of the standards, guidelines, and proce6 dures, but the Secretary shall appoint similar com7 mittees, at least every 10 years, to consider revisions 

8 of regional standards, guidelines, and procedures 

9 based on new scientific information and the knowl10 edge gained from implementing ecological restora11 tion projects. Standards, guidelines, and procedures 

12 for developing Natural Heritage Restoration Plans 

13 or their revisions for each region shall be completed 

14 no later than one year after the date of the enact15 ment of this Act or the initiation of the revision 

16 process. The views of the committees shall be in17 cluded in the public information supplied when the 

18 standards and guidelines are proposed for adoption. 

19 (3) CLERICAL AND TECHNICAL ASSISTANCE.— 

20 Clerical and technical assistance, as may be nec21 essary to discharge the duties of the committee of 

22 scientists established under paragraph (2), shall be 

23 provided from the personnel of the Department of 

24 Agriculture or the Department of Interior, as appro25 priate. 
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1 (4) COMPENSATION.—While attending meetings 

2 of the committee, the members shall be entitled to 

3 receive compensation at a rate of $200 per diem, in4 cluding travel time, and while away from their 

5 homes or regular places of business they may be al6 lowed travel expenses, including per diem in lieu of 

7 subsistence, as authorized by section 5703 of title 5, 

8 United States Code, for persons in the Government 

9 service employed intermittently. 

10 (5) REGIONAL BOUNDARIES.—The Secretary of 

11 the Interior, in consultation with the Secretary of 

12 Agriculture, shall determine each region’s bound13 aries for which the standards, guidelines, and proce14 dures are to be developed under this subsection. 

15 (f) INTERIM NEEDS FOR RESTORATION.—During the 

16 interim period while regional standards, guidelines, and 

17 procedures, as well as regional Natural Heritage Restora18 tion Plans, are being developed and incorporated into land 

19 management plans, the Secretary of Agriculture and Sec20 retary of the Interior shall identify interim needs for eco21 logical restoration and shall take prompt action to begin 

22 this restoration work with available personnel. Interim 

23 needs for restoration under this section shall be limited 

24 to the following: 
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1 (1) Prescribed or managed fire or manual pre2 treatments to reduce severe fire incidence and haz3 ardous fuels pursuant to subsection (j). 

4 (2) Stabilization of slopes and soils so as to 

5 prevent or reduce further erosion and land sliding. 

6 (3) Decommissioning and obliteration of roads. 

7 (4) Removal of nonnative invasive species. 

8 (5) Removal of manmade developments that 

9 interfere with natural ecological processes. 

10 (g) RESTORATION GOALS AND OBJECTIVES.—Within 

11 two years after the date of the enactment of this Act, the 

12 Secretary of Agriculture and the Secretary of the Interior 

13 shall develop specific restoration goals and objectives for 

14 each unit of Federal public lands, and shall, within the 

15 same time period, develop a specific schedule to accom16 plish those goals and objectives with any funds made avail17 able to the Secretaries, including those funds authorized 

18 to be appropriated in section 6. 

19 (h) PUBLIC PARTICIPATION.—Any program or 

20 project provided in this section shall be carried out in com21 pliance with the National Environmental Policy Act of 

22 1969 (42 U.S.C. 4321 et seq.) and its implementing regu23 lations, and any other public involvement processes pro24 vided by law, regulation, or agency policy. 
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1 (i) PROHIBITIONS.—Road construction or re-con2 struction shall be prohibited when conducting projects or 

3 programs provided by this section. This prohibition in4 cludes any projects to reduce the incidence of severe fire 

5 and hazardous fuels pursuant to subsection (j). 

6 (j) SPECIAL PROVISIONS FOR REDUCING THE INCI7 DENCE OF SEVERE FIRE AND HAZARDOUS FUELS.— 

8 (1) PRESCRIBED OR MANAGED FIRES.—The use 

9 of prescribed or managed fires— 

10 (A) shall be the primary tool for reducing 

11 severe fire incidence and hazardous fuels; 

12 (B) shall only be prescribed in areas that 

13 have been scientifically identified as fire-adapt14 ed ecosystems; 

15 (C) shall be carried out in a manner de16 signed to maintain habitat quality for any pro17 posed, threatened, endangered, or sensitive spe18 cies, or their prey; and 

19 (D) shall be carried out during a time of 

20 year and with a frequency that is most eco21 logically appropriate, while also minimizing ad22 verse effects on air quality. 

23 (2) REQUIREMENTS REGARDING MANUAL PRE24 TREATMENTS.—Manual pre-treatments to reduce se25 vere fire incidence and hazardous fuels— 
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•HR 3420 IH 

1 (A) shall include use of prescribed or man2 aged fire, where appropriate, as the primary 

3 treatment of the project in accordance with 

4 paragraph (1); 

5 (B) may only be implemented in areas 

6 which have a moderate to high risk of severe 

7 fire incidence; 

8 (C) shall be prioritized for urban-wildland 

9 interface areas; 

10 (D) shall not reduce the overstory canopy 

11 component of the pre-treatment area; 

12 (E) shall maintain habitat quality for any 

13 proposed, threatened, endangered, or sensitive 

14 species, or their prey; 

15 (F) may remove hazardous fuels to mini16 mize occurrences of prescribed fires reaching 

17 the forest canopy; and 

18 (G) shall only be prescribed in areas that 

19 have been scientifically identified as fire-adapt20 ed ecosystems. 

21 (3) APPLICATION TO OTHER PROJECTS.—Not22 withstanding any other provision of law, any treat23 ments or manual pre-treatments to reduce severe 

24 fire incidence and hazardous fuels as part of any 

25 agency projects or programs to reduce the incidence 
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1 of severe fire and hazardous fuels on Federal public 

2 lands shall be performed in a manner consistent 

3 with this subsection, this section, and section 4. 

4 (k) USES OF FOREST MATERIALS THAT RESULT

5 FROM ECOLOGICAL RESTORATION OR PRE-TREATMENTS

6 TO REDUCE SEVERE FIRE INCIDENCE AND HAZARDOUS

7 FUELS.—A hierarchy of use of forest materials that result 

8 from manual pre-treatments in fire-adapted ecosystems or 

9 ecological restoration (such as saplings, bushes, fine sur10 face fuels, and materials from plantations that are being 

11 restored back to native forests) is established in the fol12 lowing order: 

13 (1) Forest materials shall be— 

14 (A) left as biomass on the forest floor, 

15 lopped, scattered, masticated, or piled and 

16 burned (or a combination of such treatments), 

17 as appropriate; or 

18 (B) left as species habitat in the form of 

19 downed woody debris in the project area. 

20 (2) If removal of forest material is necessary 

21 for ecological restoration or because the area is pre22 treated in accordance with subsection (j), that mate23 rial shall be used for recreation or maintenance 

24 projects in the same unit of Federal public land, 

25 such as trails, bridges or facilities, or for restoration 
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1 projects such as woody debris in streams, woody de2 bris to provide species habitat, or for biomass to 

3 build soil in other areas of the same unit of Federal 

4 public land. 

5 (3) Any excess material not used as described 

6 in paragraph (2) may only be used for public pur7 poses, and not for private or public commercial gain. 

8 This material may be provided for personal non9 commercial uses, such as firewood or other subsist10 ence uses, or for other public noncommercial pur11 poses. Other public purposes may include, but are 

12 not limited to, the processing of these forest mate13 rials for uses such as fuel for low-income households, 

14 or, in limited circumstances, timber for low-income 

15 housing provided by a not for profit venture reg16 istered by the Department of Housing and Urban 

17 Development. 

18 (l) RELATION TO OTHER REQUIREMENTS.—Any ac19 tivities undertaken pursuant to subsection (k) or the rest 

20 of this section must be undertaken in strict compliance 

21 with section 4. 

22 SEC. 8. WORKER RETRAINING. 

23 (a) ELIGIBLE INDIVIDUAL DEFINED.—For the pur24 poses of this section, the term ‘‘eligible individual’’ means 

25 an individual who— 
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1 (1) is a dislocated worker, as that term is de2 fined in section 101 of the Workforce Investment 

3 Act of 1998 (29 U.S.C. 2801); and 

4 (2) has been terminated or laid off, or has re5 ceived a notice of termination or lay off, as a con6 sequence of the enactment of this Act, or as a con7 sequence of management decisions on Federal public 

8 lands prior to the enactment of this Act. 

9 (b) DETERMINATIONS OF ELIGIBILITY.—The deter10 mination of whether an individual is an eligible individual 

11 shall be made by the Secretary of Labor, pursuant to cri12 teria established by the Secretary of Labor, in consultation 

13 with the Secretaries of Agriculture and the Interior. 

14 (c) GRANTS AUTHORIZED.—The Secretary of Labor 

15 may make grants to States, employers, employer associa16 tions, and representatives of employees— 

17 (1) to provide training, adjustment assistance, 

18 and employment services to eligible individuals; and 

19 (2) to make needs-related payments to eligible 

20 individuals in accordance with subsection (h). 

21 (d) PRIORITY AND APPROVAL.— 

22 (1) PRIORITY.—In reviewing applications for 

23 grants under subsection (c), the Secretary of Labor 

24 shall give priority to applications proposing to pro25 vide training, adjustment assistance, and services in 
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1 areas which have the greatest number or percentage 

2 of eligible individuals. 

3 (2) NEEDS-RELATED PAYMENTS REQUIRED.— 

4 The Secretary of Labor shall not approve an appli5 cation for a grant under subsection (c) unless the 

6 application contains assurances that the applicant 

7 will use grant funds to provide needs-related pay8 ments in accordance with subsection (h). 

9 (e) USE OF FUNDS.—Subject to the requirements of 

10 subsections (f), (g), and (h), grants under subsection (c) 

11 may be used for any purpose for which funds may be used 

12 under section 134 of the Workforce Investment Act of 

13 1998 (29 U.S.C. 2864). 

14 (f) JOB SEARCH ALLOWANCE.— 

15 (1) ALLOWANCE AUTHORIZED.—Grants under 

16 subsection (c) for adjustment assistance may be 

17 used to provide job search allowances to eligible indi18 viduals. Such allowance, if granted, shall provide re19 imbursement to the individual of not more than 90 

20 percent of the cost of necessary job search expenses, 

21 as prescribed by regulations of the Secretary of 

22 Labor, but may not exceed $1,200 unless the need 

23 for a greater amount is justified in the application 

24 and approved by the Secretary of Labor. 
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1 (2) CRITERIA FOR GRANTING JOB SEARCH AL2 LOWANCES.—A job search allowance may be granted 

3 only— 

4 (A) to assist an eligible individual who has 

5 been totally separated in securing a job within 

6 the United States; and 

7 (B) where the Secretary of Labor deter8 mines that such employee cannot reasonably be 

9 expected to secure suitable employment in the 

10 commuting area in which the worker resides. 

11 (g) RELOCATION ALLOWANCE.— 

12 (1) ALLOWANCE AUTHORIZED.—Grants under 

13 subsection (c) for adjustment assistance may be 

14 used to provide relocation allowances to eligible indi15 viduals. Such an allowance may only be granted to 

16 assist an eligible individual in relocating within the 

17 United States and only if the Secretary of Labor de18 termines that such employee— 

19 (A) cannot reasonably be expected to se20 cure suitable employment in the commuting 

21 area in which the employee resides; 

22 (B) has obtained suitable employment af23 fording a reasonable expectation of long-term 

24 duration in the area in which the employee 
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•HR 3420 IH 

1 wishes to relocate, or has obtained a bona fide 

2 offer of such employment; and 

3 (C) is totally separated from employment 

4 at the time relocation commences. 

5 (2) AMOUNT OF RELOCATION ALLOWANCE.— 

6 The amount of any relocation allowance for any eli7 gible individual may not exceed the amount which is 

8 equal to the sum of— 

9 (A) 90 percent of the reasonable and nec10 essary expenses, specified in regulations pre11 scribed by the Secretary, incurred in trans12 porting an individual and the individual’s fam13 ily, if any, and household effects; and 

14 (B) a lump sum equivalent to 3 times the 

15 employee’s average weekly wage, up to a max16 imum payment of $1,200, unless the need for 

17 a greater amount is justified in the application 

18 and approved by the Secretary of Labor. 

19 (h) NEEDS-RELATED PAYMENTS.—The Secretary of 

20 Labor shall prescribe regulations with respect to the use 

21 of funds from grants under subsection (c) for needs-re22 lated payments in order to enable eligible individuals to 

23 complete training or education programs under this sec24 tion. Such regulations shall— 
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1 (1) require that such payments shall be pro2 vided to an eligible individual only if such indi3 vidual— 

4 (A) does not qualify or has ceased to qual5 ify for unemployment compensation; 

6 (B) has been enrolled in training by the 

7 end of the 13th week of the individual’s initial 

8 unemployment compensation benefit period, or, 

9 if later, the end of the 8th week after an indi10 vidual is informed that a short-term layoff will 

11 in fact exceed six months; and 

12 (C) is participating in training or edu13 cation programs under this section, except that 

14 such regulations shall protect an individual 

15 from being disqualified pursuant to this clause 

16 for a failure to participate that is not the fault 

17 of the individual; 

18 (2) provide that to qualify for such payments 

19 the individual currently receives, or is a member of 

20 a family which currently receives, a total family in21 come (exclusive of unemployment compensation, 

22 child support payments, and welfare payments) 

23 which, in relation to family size, is not in excess of 

24 the lower living standard income level; 
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1 (3) provide that the levels of such payments 

2 shall be equal to the higher of— 

3 (A) the applicable level of unemployment 

4 compensation; or 

5 (B) the poverty level determined in accord6 ance with criteria established by the Director of 

7 the Office of Management and Budget; 

8 (4) provide for the adjustment of payments to 

9 reflect changes in total family income; and 

10 (5) provide that the grantee shall obtain infor11 mation with respect to such income, and changes 

12 therein, from the eligible individual. 

13 (i) REGULATIONS.—The Secretary of Labor shall 

14 prescribe regulations to carry out this section not later 

15 than 180 days after the date of enactment of this Act. 

16 SEC. 9. ALLOCATION OF FUNDS. 

17 (a) AVAILABILITY OF CERTAIN ACCOUNTS.—Not18 withstanding any other provision of law, from the date of 

19 the enactment of this Act through the duration of the two20 year phase-out period provided in section 5 plus two years 

21 thereafter, all funds in each of the following Forest Service 

22 and Bureau of Land Management accounts, including any 

23 funds deposited into these accounts during the two-year 

24 phase-out period, shall be used only to carry out this Act: 
36 

•HR 3420 IH 

1 (1) Timber salvage funds (including the Salvage 

2 Sale Fund established under section 14(h) of the 

3 National Forest Management Act of 1976 (16 

4 U.S.C. 472a(h))). 

5 (2) The fund established under section 3 of the 

6 Act of June 9, 1930 (commonly known as the 

7 Knutson-Vandenberg Act; 16 U.S.C. 576b). 

8 (3) The fund containing moneys associated with 

9 the Purchaser-Elect Roads Program under section 6 

10 of Public Law 88–657 (commonly known as the For11 est Roads And Trails Act; 16 U.S.C. 537). 

12 (b) ALLOCATION OF TIMBER SALES REVENUES DUR13 ING PHASE-OUT PERIOD.—Notwithstanding any other 

14 provision of law, from the date of the enactment of this 

15 Act through the duration of the two-year phase-out period, 

16 all timber sale revenues from Federal public lands shall 

17 be deposited in the fund established under section 3 of 

18 the Act of June 9, 1930 (commonly known as the 

19 Knutson-Vandenberg Act; 16 U.S.C. 576b). 

20 (c) ABOLISHMENT OF ACCOUNTS.—Notwithstanding 

21 any other provision of law, the funds referred to in sub22 section (a) shall be used to carry out this section until 

23 no funds remain in such accounts, after which these ac24 counts shall be abolished. 
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•HR 3420 IH 

1 (d) WORKER RETRAINING.—Monies shall be distrib2 uted from the funds referred to in subsection (a) to carry 

3 out section 8. Such distributions shall be made in amounts 

4 up to $80,000,000 in the first year of the phase-out pe5 riod, and $80,000,000 and $120,000,000, respectively, in 

6 the subsequent two years. 

7 (e) NATURAL HERITAGE RESTORATION PLAN8 NING.—From the funds referred to in subsection (a), up 

9 to a sum of $100,000,000 shall be made available to the 

10 Secretary of the Interior and the Secretary of Agriculture 

11 to carry out subsections (d) and (e) of section 7 until such 

12 time as the Natural Heritage Restoration Plans required 

13 by subsection (d) of such section have been incorporated 

14 into the management plans for each unit of Federal public 

15 lands. 

16 (f) ALTERNATIVES TO WOOD.—From the funds re17 ferred to in subsection (a), at least $1,000,000 and up 

18 to $3,000,000 shall be distributed to the Environmental 

19 Protection Agency to fund an investigation into wood-free 

20 alternative products for paper and construction. Within 

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

22 Administrator of the Environmental Protection Agency 

23 shall make recommendations for grants to entities involved 

24 in the development and production of the most environ25 mentally sound nonwood alternatives for paper and con-
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•HR 3420 IH 

1 struction products, including entities involved in using ag2 ricultural residues to produce paper. Up to $100,000,000 

3 from the funds referred to in subsection (a) shall be made 

4 available to the Environmental Protection Agency for such 

5 grants, which shall be made within three years after the 

6 date of the enactment of this Act. 

7 (g) PUBLIC EDUCATION AND ASSISTANCE TO RE8 DUCE STRUCTURE FLAMMABILITY IN URBAN-WILDLAND

9 INTERFACE AREAS.—From the funds referred to in sub10 section (a), up to $15,000,000 shall be used annually to 

11 educate owners of structures on non-Federal land adjacent 

12 to Federal public lands about ways in which these struc13 tures can be protected from forest fires by reducing the 

14 flammability of a structure and the area within 40 meters 

15 of a structure. Both technical support and financial assist16 ance, in coordination or collaboration with existing State 

17 and local programs, to the extent possible, shall be pro18 vided where, and to the extent, appropriate. 

19 (h) ALLOCATION OF REMAINING FUNDS.—Any funds 

20 remaining in the accounts referred to in subsection (a) in 

21 the fourth year after the date of the enactment of this 

22 Act shall be deposited into the general fund of the United 

23 States Treasury. 
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1 SEC. 10. CONTINUATION OF PAYMENTS FOR STATES AND 

2 COUNTIES CONTAINING FEDERAL PUBLIC 

3 LANDS UNDER PUBLIC LAW 106–393. 

4 (a) CONTINUATION OF PAYMENTS AFTER FISCAL

5 YEAR 2006.—The Secure Rural Schools and Community 

6 Self-Determination Act of 2000 (Public Law 106–393; 16 

7 U.S.C. 500 note) is amended— 

8 (1) in section 101(a), by striking ‘‘years 2001 

9 through 2006,’’ both places it appears and inserting 

10 ‘‘year 2001 and thereafter,’’; 

11 (2) in section 102(b)(2), by striking ‘‘through 

12 fiscal year 2006’’; and 

13 (3) in section 103(b)(1), by striking ‘‘through 

14 fiscal year 2006’’. 

15 (b) TERMINATION OF REQUIREMENT TO RESERVE

16 FUNDS FOR FOREST PROJECTS.—(1) Section 102(d) of 

17 such Act is amended by adding at the end the following 

18 new paragraph: 

19 ‘‘(4) TERMINATION OF ALLOCATION AND ELEC20 TION REQUIREMENTS.—This subsection shall not 

21 apply in the case of payments made under sub22 section (a) for fiscal year 2007 and thereafter.’’. 

23 (2) Section 103(c) of such Act is amended by adding 

24 at the end the following new paragraph: 

25 ‘‘(4) TERMINATION OF ALLOCATION AND ELEC26 TION REQUIREMENTS.—This subsection shall not 
40 

•HR 3420 IH 

1 apply in the case of payments made under sub2 section (a) for fiscal year 2007 and thereafter. The 

3 entire payment amount shall be expended as re4 quired by the laws referred to in subsection (a)(1).’’. 

5 SEC. 11. ENFORCEMENT BY CITIZENS. 

6 (a) PURPOSE AND FINDING.—The purpose of this 

7 section is to foster the widest possible enforcement of this 

8 Act. Congress finds that all people of the United States 

9 are injured by any action that violates the provisions of 

10 this Act on all lands to which this Act applies. 

11 (b) CITIZEN SUITS AUTHORIZED.—Any person may 

12 commence a civil action against any person, including the 

13 United States, who is alleged to be in violation of this Act. 

14 The action shall be brought in the district court for the 

15 district in which the alleged violation occurred or the 

16 United States District Court for the District of Columbia. 

17 When the United States is a defendant, venue may also 

18 be in the district court for the district in which the office 

19 of any officer or employee of the United States who is 

20 alleged to be involved in the violation is located. The dis21 trict court shall have jurisdiction without regard to the 

22 amount in controversy or the citizenship of the parties. 

23 (c) RELIEF.—If the court determines that a violation 

24 of this Act has occurred, the court may issue an injunction 

25 and provide other appropriate equitable relief as the court 
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1 considers necessary. If the plaintiff is the prevailing or 

2 substantially prevailing party, the court may award to the 

3 plaintiff reasonable costs of the litigation, including attor4 ney fees, witness fees, and other necessary expenses. When 

5 the United States is a defendant, any award of costs of 

6 litigation against the United States shall be paid by the 

7 United States within 40 days after judgment. 

8 (d) STANDARD OF PROOF.—The standard of proof 

9 in all actions brought under this section shall be the pre10 ponderance of the evidence and the trial shall be de novo. 

11 (e) WAIVER OF SOVEREIGN IMMUNITY.—The United 

12 States, including its agencies, agents, and employees, 

13 waives its sovereign immunity in all respects in all actions 

14 under this section. No notice is required to enforce this 

15 section. 

Æ