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[Senate Report 113-180]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 407
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-180

======================================================================

 
  OREGON EASTSIDE FORESTS RESTORATION, OLD GROWTH PROTECTION, AND JOBS

                                _______
                                

                  June 2, 2014.--Ordered to be printed

                                _______
                                

   Ms. Landrieu, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1301]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1301) to provide for the restoration of 
forest landscapes, protection of old growth forests, and 
management of national forests in the eastside forests of the 
State of Oregon, having considered the same, reports favorably 
thereon with an amendment and recommends that the bill, as 
amended, do pass.
    The amendment is as follows:

  Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Oregon Eastside 
Forests Restoration, Old Growth Protection, and Jobs Act of 2013''.
  (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

      TITLE I--FOREST RESTORATION, OLD GROWTH PROTECTION, AND JOBS

Sec. 101. Definitions.
Sec. 102. Forest management.
Sec. 103. Restoration goals.
Sec. 104. Aquatic and riparian resources management.
Sec. 105. Eastside Forest Scientific and Technical Advisory Panel.
Sec. 106. Ecological restoration projects.
Sec. 107. Collaboration.
Sec. 108. Large-scale environmental impact statement.
Sec. 109. Administration.
Sec. 110. Authorization of appropriations.

               TITLE II--COOPERATIVE PARTNERSHIP FUNDING

Sec. 201. Forest planning.
Sec. 202. Cooperative forest innovation partnership projects.

      TITLE I--FOREST RESTORATION, OLD GROWTH PROTECTION, AND JOBS

SEC. 101. DEFINITIONS.

  In this title:
          (1) Advisory panel.--The term ``advisory panel'' means the 
        Eastside Forest Scientific and Technical Advisory Panel 
        established under section 105(a).
          (2) Collaborative group.--The term ``collaborative group'' 
        means a group of individuals that meets the requirements of 
        section 107(b).
          (3) Covered area.--The term ``covered area'' means the 
        national forests within the State that are not within the area 
        covered by the document entitled ``Record of Decision for 
        Amendments to Forest Service and Bureau of Land Management 
        Planning Documents Within the Range of the Northern Spotted 
        Owl'' and dated April 1994.
          (4) Forest health.--The term ``forest health'' means 
        conditions that enable a forest to be resistant and resilient 
        to disturbance events and to support natural ecosystem and 
        hydrologic processes, functions, and structures, including 
        viable populations of native wildlife and ecosystem services.
          (5) Inventoried roadless area.--The term ``inventoried 
        roadless area'' means 1 of the areas identified in the set of 
        inventoried roadless area maps contained in the document 
        entitled ``Forest Service Roadless Areas Conservation, Final 
        Environmental Impact Statement, Volume 2'' and dated November 
        2000.
          (6) National forest system.--The term ``National Forest 
        System'' has the meaning given the term in section 11(a) of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1609(a)).
          (7) Plant association group.--
                  (A) In general.--The term ``plant association group'' 
                means a description of a plant community that--
                          (i) would potentially, in the absence of a 
                        disturbance, occupy a site; and
                          (ii) may be aggregated into 1 or more groups 
                        based on similarities in plant species, 
                        composition, environment, and productivity.
                  (B) Inclusion.--The term ``plant association group'' 
                includes, with respect to a forested site, species 
                representing tree, shrub, and herbaceous layers.
          (8) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture (acting through the Chief of the Forest Service).
          (9) Spatial heterogeneity.--The term ``spatial 
        heterogeneity'' means trees and other structural elements of 
        the forest landscape that have a nonuniform, diversely 
        clustered spatial arrangement.
          (10) State.--The term ``State'' means the State of Oregon.
          (11) Vegetation management project.--
                  (A) In general.--The term ``vegetation management 
                project'' means a project involving activities that 
                manipulate vegetation.
                  (B) Inclusions.--The term ``vegetation management 
                project'' includes--
                          (i) ecological restoration or fuel reduction 
                        projects;
                          (ii) harvesting timber;
                          (iii) prescribed burning; and
                          (iv) thinning trees, brush, weeds, or grass.
          (12) Watershed area.--The term ``watershed area'' means 1 or 
        more subwatersheds (also known as 6th code hydrologic units).
          (13) Watershed health.--The term ``watershed health'' means 
        the range of landscape conditions that enable riparian, 
        aquatic, and wetland ecosystems to create and sustain 
        functional habitats capable of supporting diverse populations 
        of native aquatic- and riparian-dependent species.

SEC. 102. FOREST MANAGEMENT.

  (a) Application.--The Secretary shall implement this title in the 
covered area during the 15-year period beginning on the date of 
enactment of this Act.
  (b) Land Management Goals.--
          (1) In general.--Taking into consideration the best available 
        science, the Secretary shall seek in the covered area--
                  (A) to conserve and restore forest and watershed 
                health;
                  (B) to reduce the risk of, and increase the 
                resistance and resiliency of the land to, 
                uncharacteristic disturbances;
                  (C) to allow for characteristic natural disturbances; 
                and
                  (D) to harvest wood to maintain the appropriate scale 
                of industry infrastructure to accomplish the goals 
                described in subparagraphs (A), (B), and (C).
          (2) Forest management.--To achieve the goals of paragraph (1) 
        in the forested land in the covered area, the Secretary shall 
        consider opportunities--
                  (A) to reduce the basal area in overstocked forest 
                stands;
                  (B) to increase the mean diameter of forest stands;
                  (C) to maintain or create a forest composition that 
                focuses on more fire- and drought-tolerant species;
                  (D) to restore historic levels of within-forest stand 
                spatial heterogeneity;
                  (E) to conserve and restore old growth;
                  (F) to conserve and restore population levels of 
                older trees;
                  (G) to conserve and restore ecologically sustainable 
                forest stands and landscapes to incorporate 
                characteristic forest stand structures and older tree 
                populations;
                  (H) to harvest wood and use the value of merchantable 
                sawlogs and biomass to help offset the cost of 
                improving forest health and watershed health;
                  (I) to restore or maintain sustainable and fire-
                resilient conditions in perpetuity through active 
                management (including management through prescribed or 
                wildland fire and mechanical treatments);
                  (J) to restore or maintain ecologically appropriate 
                spatial complexity (including a range of open to dense 
                forest patches at scales from the forest stand to the 
                landscape);
                  (K) to conduct vegetation management projects that 
                create an uneven-aged mosaic of isolated individual 
                trees, clumps of trees, and openings to enhance the 
                spatial heterogeneity of the forest landscape;
                  (L) to restore or maintain understory plant 
                communities that reflect a composition and condition 
                that is appropriate for the forest type, including 
                native ground cover and limiting exotic and invasive 
                species;
                  (M) to increase stakeholder participation through 
                collaborative groups; and
                  (N) to restore and maintain the historic complement 
                of aspen, willows, and other native hardwoods in 
                riparian and upland ecosystems, including by--
                          (i) removing conifers that have invaded 
                        hardwood sites and overtopped hardwoods or have 
                        invaded wet and dry meadow systems;
                          (ii) restoring fire to hardwood ecosystems; 
                        and
                          (iii) creating barriers around hardwood sites 
                        to reduce ungulate pressure.
  (c) Planning.--To achieve the goals described in subsection (b), the 
Secretary shall--
          (1) use landscape-scale planning based on watershed 
        boundaries as a tool to implement vegetation management and 
        ecological restoration projects in the covered area; and
          (2) seek to achieve planning and implementation efficiencies 
        on projects carried out under this title by working with--
                  (A) the relevant collaborative group;
                  (B) the advisory panel; and
                  (C) other partners.
  (d) Older Tree Retention.--
          (1) In general.--In developing and implementing any project 
        in the covered area, the Secretary shall--
                  (A) identify, based on the protocols developed under 
                paragraph (2), trees that are 150 years of age or 
                older, as measured at breast height; and
                  (B) retain the trees described in subparagraph (A).
          (2) Protocol.--The Secretary, in collaboration with the 
        advisory panel, based on the best available science, shall 
        develop protocols for identifying trees that are 150 years of 
        age or older, as measured at breast height.
          (3) Exceptions.--
                  (A) In general.--The retention objectives described 
                in paragraph (1)(B) shall not apply if the Secretary 
                determines that 1 of the following applies:
                          (i) Administrative exceptions.--There is no 
                        reasonable alternative to the cutting or 
                        removal of trees that are 150 years of age or 
                        older, as measured at breast height, to provide 
                        for public safety, administrative necessity, or 
                        special uses, such as rights of way.
                          (ii) Restoration project exceptions.--The 
                        Secretary determines that the cutting or 
                        removal of trees that are 150 years of age or 
                        older, as measured at breast height, is needed 
                        to help implement and fund restoration 
                        projects, subject to the conditions that--
                                  (I) no tree that is 200 years of age 
                                or older, as measured at breast height, 
                                may be cut;
                                  (II) only as many trees as are needed 
                                to fund restoration work that protects 
                                and enhances the resiliency of trees 
                                that are 200 years of age or older, as 
                                measured at breast height, may be cut;
                                  (III) the removal of trees that are 
                                150 years of age or older, as measured 
                                at breast height, and less than 200 
                                years of age, as measured at breast 
                                height, shall not exceed 50 percent of 
                                the population of those trees in the 
                                project area; and
                                  (IV) there would be sufficient old-
                                growth tree replacements remaining in 
                                the project area.
                  (B) Notice requirement.--The Secretary shall provide 
                to the public and collaborative groups notice and an 
                opportunity to comment before making a determination 
                under subparagraph (A), unless the Secretary determines 
                that the cutting or removal of the tree is necessary to 
                respond to an emergency condition.
          (4) Application.--The retention requirements of this 
        subsection shall not--
                  (A) apply to any other forests in the National Forest 
                System outside of the covered area; or
                  (B) establish a precedent for setting age limits on 
                trees that may be cut on any National Forest System 
                land.
  (e) Limitations on Road Construction.--In carrying out any vegetation 
management project in the covered area, the Secretary--
          (1) shall not construct any permanent road, unless the 
        Secretary determines that the road is a justifiable realignment 
        of a permanent road to restore or improve the ecological 
        structure, composition, and function and the natural processes 
        of the affected forest or watershed; and
          (2) by the earlier of the date on which the vegetation 
        management project is completed and the date that is 1 year 
        after the activities for which the road was constructed are 
        complete, shall decommission any temporary road constructed to 
        carry out the vegetation management project.
  (f) Monitoring and Adaptive Management.--In carrying out this title, 
the Secretary--
          (1) shall ensure that the projects developed pursuant to this 
        title include monitoring to inform an assessment of the 
        effectiveness of treatments and adaptive management of future 
        projects; and
          (2) in consultation with the relevant collaborative groups, 
        may develop for a vegetation management project carried out 
        under this title a multiparty monitoring plan, which shall take 
        into consideration the recommendations of the advisory panel.

SEC. 103. RESTORATION GOALS.

  (a) Performance Goals.--
          (1) In general.--Not later than 60 days after the date on 
        which the Secretary selects the covered area, the Secretary, in 
        consultation with the relevant collaborative groups, may 
        establish performance objectives, in addition to the goals 
        established by section 102(b), which the Secretary shall seek 
        to achieve for the covered area, consistent with those goals 
        and the purposes of this title.
          (2) Term.--Subject to paragraph (4), each performance goal 
        established under paragraph (1) shall be measured annually for 
        a period of 15 years.
          (3) Additions.--The Secretary may develop additional 
        performance goals that the Secretary determines to be 
        appropriate during the period established by paragraph (2).
          (4) Prioritization.--Subject to the limitations described in 
        section 110(c), the Secretary shall prioritize the vegetation 
        management project and hazardous fuels reduction program 
        activities in the covered area to achieve the performance goals 
        established under this subsection.
  (b)  Restoration Goals.--
          (1) In general.--Within the covered area, consistent with the 
        goals, and after considering the opportunities, described in 
        subsection (a), the Secretary shall, to the maximum extent 
        practicable, prepare, offer, and promptly implement--
                  (A) projects that--
                          (i) are predominantly comprised of mechanical 
                        treatment in the covered area that emphasize 
                        sawtimber as a byproduct; and
                          (ii) are conducted on--
                                  (I) for the first fiscal year after 
                                the date of enactment of this Act, not 
                                less than 60,000 acres;
                                  (II) for the subsequent fiscal year, 
                                not less than 80,000 acres; and
                                  (III) for each fiscal year thereafter 
                                until the fiscal year in which at least 
                                1 ecological restoration project for 
                                each National Forest is initiated under 
                                section 106, not less than 100,000 
                                acres; and
                  (B) for each fiscal year after the fiscal year 
                specified in subparagraph (A)(ii)(III), an ecological 
                restoration project on each National Forest in the 
                covered area with a gross planning area of not less 
                than 25,000 acres.
          (2) Annual goals.--
                  (A) In general.--Beginning in the first fiscal year 
                after the date on which at least 1 ecological 
                restoration project is initiated for each National 
                Forest under section 106 and each fiscal year 
                thereafter until the date on which the project is 
                completed, the Secretary may establish, subject to 
                subparagraph (B), annual acreage performance goals for 
                each project that is predominantly comprised of 
                mechanical treatment in the covered area that emphasize 
                sawtimber as a byproduct consistent with the goals, and 
                after considering the opportunities, described in 
                subsection (b).
                  (B) Considerations.--In establishing the goals under 
                subparagraph (A), the Secretary shall take into 
                consideration--
                          (i) any specific recommendations of the 
                        advisory panel relating to acreage treatment 
                        needs; and
                          (ii) advice provided by a collaborative group 
                        relating to acreage treatment needs.
          (3) Priority for restoration goals.--In seeking to meet the 
        restoration goals established under paragraph (2), the 
        Secretary shall prioritize for treatment any area that has 
        opportunities for reduced planning and implementation costs 
        because of--
                  (A) opportunities to work with a collaborative group 
                on the project; or
                  (B) opportunities to use non-Federal resources to 
                complete the project.

SEC. 104. AQUATIC AND RIPARIAN RESOURCES MANAGEMENT.

  (a) Primary Focus.--The primary focus of aquatic and riparian 
protection activities in the covered area shall be to protect, 
maintain, and restore natural ecological functions and processes 
beneficial to water quality and quantity, including temperature and 
turbidity, native fish and wildlife, and watershed resilience.
  (b) Desired Watershed Conditions.--Desired watershed conditions shall 
include maintaining or enhancing riparian processes and conditions, 
including stable slopes, wood and nutrient delivery to aquatic and 
terrestrial systems, stream shade, microclimate, water quantity, and 
water quality, to ensure that the watersheds--
          (1) operate consistently with local disturbance regimes; and
          (2) support native flora and fauna.
  (c) Strategy.--The Secretary shall--
          (1) develop an aquatic and riparian conservation strategy 
        that incorporates--
                  (A) riparian management areas;
                  (B) key watersheds;
                  (C) watershed analysis;
                  (D) watershed restoration; and
                  (E) monitoring; and
          (2) use as the basis for watershed, aquatic, and riparian 
        ecosystem management and restoration the interaction of the 
        elements described in paragraph (1) at the watershed or 
        landscape scale.
  (d) Modifications.--The Secretary may modify the aquatic and riparian 
protection standards under subsection (a) if the Secretary determines, 
taking into consideration the best available science, that the 
modifications would meet or exceed the goals and standards of the 
aquatic and riparian protection requirements of subsection (e).
  (e) Requirement.--The management activities carried out within the 
covered area shall not retard or prevent the attainment of--
          (1) the aquatic, riparian, and watershed goals described in 
        this section; and
          (2) the goals of applicable resource management plans, 
        biological opinions, and water quality standards in effect on 
        the date of enactment of this Act.

SEC. 105. EASTSIDE FOREST SCIENTIFIC AND TECHNICAL ADVISORY PANEL.

  (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall establish an advisory panel, to be 
known as the ``Eastside Forest Scientific and Technical Advisory 
Panel'', to advise the Secretary, collaborative groups, and the public 
regarding the development and implementation of--
          (1) goals and performance measures to improve forest health, 
        watershed health, and related social and economic goals in the 
        covered area; and
          (2) projects needed to accomplish the goals of this title.
  (b) Composition.--The advisory panel shall be composed of 9 members, 
each of whom shall have expertise in 1 or more of the following:
          (1) Silviculture.
          (2) Timber economics.
          (3) Road and logging engineering.
          (4) Soil science and geology.
          (5) Ecosystem services or natural resources economics.
          (6) Community economics or ecosystem workforce development.
          (7) Forest ecology.
          (8) Aquatic and riparian ecology.
          (9) Wildlife ecology.
          (10) Fish ecology.
          (11) Ecological restoration.
          (12) Invasive species control and eradication.
          (13) Wildland fire.
          (14) Hydrology.
          (15) Forest carbon lifecycle and sequestration.
          (16) Social science.
  (c) Appointments.--The Secretary shall--
          (1) ensure that the advisory panel includes experts in a 
        broad array of the fields described in subsection (b); and
          (2) give consideration to the recommendations of institutions 
        of higher education (as defined in section 101(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1001(a)), professional 
        societies, and other interested organizations and individuals.
  (d) Duties.--
          (1) Recommendations report.--
                  (A) In general.--Not later than 180 days after the 
                date on which the Secretary appoints the members of the 
                advisory panel, the advisory panel, taking into 
                consideration the best available science and 
                information, shall submit to the Secretary, who shall 
                make available to the public a report that contains 
                recommendations regarding the manner by which the 
                Secretary can best achieve the purposes and goals, and 
                consider the opportunities, described in section 
                102(b).
                  (B) Requirements.--The report under subparagraph (A) 
                shall provide recommendations based on the best 
                available science regarding--
                          (i) the size and scope of projects needed to 
                        accomplish the goals and consider the 
                        opportunities described in section 102(b);
                          (ii) increasing local capacity to accomplish 
                        the goals and consider the opportunities 
                        described in section 102(b);
                          (iii) hydrologically and ecologically 
                        restoring land and water by--
                                  (I) decommissioning unnecessary and 
                                undesirable roads; and
                                  (II) reducing the environmental 
                                impact of necessary and desirable 
                                roads; and
                          (iv) actions for each relevant plant 
                        association group, taking into account current 
                        or future potential vegetation and soil types 
                        that--
                                  (I) protect and restore terrestrial, 
                                aquatic, riparian, wildlife, fish, 
                                vegetation, soil, carbon, and other 
                                resources; and
                                  (II) would be necessary and desirable 
                                to restore forest health and watershed 
                                health (including thinning, prescribed, 
                                and natural fire and other appropriate 
                                activities); and
                          (v) monitoring protocols to evaluate the 
                        success of the vegetation management projects 
                        and ecological restoration projects on the 
                        covered area in meeting the goals and 
                        objectives of this title.
                  (C) Administration.--
                          (i) In general.--To the maximum extent 
                        practicable, the advisory panel shall achieve a 
                        consensus with respect to each recommendation 
                        included in the report under this paragraph.
                          (ii) Inclusion of dissenting opinions.--If 
                        the advisory panel fails to achieve a consensus 
                        with respect to any recommendation included in 
                        the report under this paragraph, the report 
                        shall include each dissenting opinion relating 
                        to the recommendation.
          (2) Review report.--Not later than 5 years after the date on 
        which the Secretary appoints the members of the advisory panel, 
        the advisory panel shall submit to the Secretary and make 
        available to the public a report providing--
                  (A) a quantitative and qualitative assessment of the 
                status of, and changes to, forest health and watershed 
                health in the covered area, including the resiliency, 
                aquatic function, and plant composition, structure, and 
                function; and
                  (B) an assessment of the implementation of the 
                recommendations made under paragraph (1).

SEC. 106. ECOLOGICAL RESTORATION PROJECTS.

  (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary shall implement, taking into consideration 
the annual goals described in section 103(b)(2), ecological restoration 
projects in the covered area to support the land management goals 
described in section 102(b).
  (b) Landscape-scale Projects.--Subject to the availability of 
appropriations under section 110, the Secretary shall implement, to the 
maximum extent practicable, 1 or more ecological restoration projects 
with a gross planning area of 50,000 acres for each National Forest in 
the covered area that provide landscape-scale work within a watershed 
area by not later than 3 years after the date on which the Secretary 
selects the covered area.
  (c) Criteria.--In developing and implementing ecological restoration 
projects under this section, the Secretary shall consider--
          (1) the best available science and data;
          (2) the recommendations of the advisory panel;
          (3) the views of collaborative groups; and
          (4) dry and moist forest plant association groups.
  (d) Net Road Reduction.--In developing ecological restoration 
projects under this section, the Secretary shall examine opportunities 
for, and achieve, a net reduction in the permanent road system to 
improve forest and watershed health, to the maximum extent practicable.
  (e) Prioritization.--
          (1) In general.--The Secretary shall prioritize ecological 
        restoration projects in the covered area, taking into 
        consideration--
                  (A) the criteria described in subsection (c); and
                  (B) the degree to which the ecological restoration 
                projects would improve forest health and watershed 
                health.
          (2) Priorities.--In selecting and planning ecological 
        restoration projects, the Secretary shall prioritize projects 
        that--
                  (A) reduce the risk of, and increase the resistance 
                and resiliency of the land to, uncharacteristic 
                disturbances, particularly if critical components or 
                values are at risk, including--
                          (i) communities located in the wildland-urban 
                        interface (as defined in section 101 of the 
                        Healthy Forests Restoration Act of 2003 (16 
                        U.S.C. 6511)); and
                          (ii) valuable forest structures (including 
                        old growth and older mature trees);
                  (B) restore the structure and composition of forest 
                stands at a high or moderate departure from the 
                historic range of variability;
                  (C) sustain the appropriate scale of industry 
                infrastructure to accomplish the goals described in 
                section 102(b);
                  (D) accelerate the development of complex forest 
                structure in a young forest that has been simplified 
                through past management, such as by--
                          (i) creating spatial heterogeneity (including 
                        the creation of skips and gaps) using 
                        mechanical treatments to create wildlife 
                        habitat; and
                          (ii) retaining biological legacies (including 
                        large standing, downed, live, and dead trees);
                  (E) assist in the implementation of community 
                wildfire protection plans developed by at-risk 
                communities (as those terms are defined in section 101 
                of the Healthy Forests Restoration Act of 2003 (16 
                U.S.C. 6511));
                  (F) use the value of merchantable sawlogs and biomass 
                to help offset the cost of ecological restoration 
                projects;
                  (G) meet local and rural community needs through a 
                source that is selected on a best-value basis;
                  (H) reduce the permanent road system to improve 
                forest health and watershed health; and
                  (I) help recover aspen, willows, and other native 
                hardwoods in riparian and upland ecosystems.

SEC. 107. COLLABORATION.

  (a) In General.--To assist in the development of the projects needed 
to accomplish the purposes of this title in the covered area, the 
Secretary shall consult with, and consider the recommendations of, any 
collaborative group that meets the criteria described in subsection 
(b).
  (b) Criteria.--A collaborative group referred to in subsection (a) is 
a group that--
          (1) is interested in the implementation of this title;
          (2) includes multiple individuals representing diverse 
        interests, including--
                  (A) environmental organizations;
                  (B) timber and forest products industry 
                representatives; and
                  (C) county governments;
          (3) operates--
                  (A) in a transparent and nonexclusive manner; and
                  (B) by consensus or in accordance with voting 
                procedures to ensure a high degree of agreement among 
                participants and across various interests; and
          (4) requires a level of participation sufficient to ensure 
        that members of the collaborative group are adequately informed 
        before making each decision.

SEC. 108. LARGE-SCALE ENVIRONMENTAL IMPACT STATEMENT.

  (a) In General.--The Secretary shall carry out vegetation management 
projects and ecological restoration projects under this section in 
accordance with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.).
  (b) Environmental Impact Statement.--
          (1) In general.--The Secretary shall prepare 1 landscape-
        scale environmental impact statement for purposes of compliance 
        with the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) for vegetation management projects and ecological 
        restoration projects carried out under this title in National 
        Forests in the eastern part of the State that share ecological 
        conditions and resource issues, including projects--
                  (A) that are located wholly in dry ponderosa pine and 
                dry mixed conifer forests types;
                  (B) that are endorsed by, or are the product of, a 
                collaborative group; and
                  (C) no portion of which are located in an inventoried 
                roadless area.
          (2) Use.--The large-scale environmental impact statement 
        under paragraph (1) shall be used as the basis for decisions on 
        covered vegetation management projects and ecological 
        restoration projects, except for limited projects--
                  (A) that are developed after the completion of the 
                environmental impact statement; and
                  (B) for which the environmental impact statement does 
                not adequately analyze the work to be performed.
  (c) Completion Date.--The Secretary shall complete the record of 
decision for the large-scale environmental impact statement under 
subsection (b) by not later than 1 year after the date of enactment of 
this Act.
  (d) Timeliness.--A legal challenge to the environmental impact 
statement and record of decision under this section shall be filed by 
not later than 120 days after the date on which the record of decision 
is signed by the Secretary.

SEC. 109. ADMINISTRATION.

  (a) Effect of Title.--Nothing in this title affects--
          (1) any right described in a treaty between an Indian tribe 
        and the United States; or
          (2) any biological opinion, including any opinion associated 
        with the aquatic and riparian protection requirements of 
        applicable land and resource management plans.
  (b) No Retroactive Effect.--
          (1) Vegetation management projects.--This title shall not 
        apply to a vegetation management project that is--
                  (A) initiated, through a scoping notice or a notice 
                of intent, more than 180 days before the date of 
                enactment of this Act; or
                  (B) approved or under contract before the date of 
                enactment of this Act.
          (2) Recommendations report.--The completion of the 
        recommendations report of the advisory panel under section 
        105(d)(2) shall not automatically compel an amendment or 
        revision to--
                  (A) any vegetation management project initiated, 
                approved, or under contract before the date on which 
                the recommendations report is completed; or
                  (B) any existing forest plan.
  (c) Applicable Law.--The Secretary shall carry out this title in 
accordance with applicable law (including regulations).
  (d) Principal Agency Contact.--
          (1) Selection.--The Secretary shall select a principal agency 
        contact for the implementation of this title.
          (2) Duties.--The principal agency contact shall--
                  (A) serve as the point-of-contact for the advisory 
                panel;
                  (B) facilitate communications among--
                          (i) the advisory panel;
                          (ii) collaborative groups;
                          (iii) employees of the Forest Service; and
                          (iv) any other stakeholders (including the 
                        public).
  (e) Reporting.--
          (1) In general.--The Secretary shall prepare a report on the 
        implementation of this title--
                  (A) not later than 5 years after the date on which 
                the Secretary selects the covered area; but
                  (B) not earlier than 2 years before the date 
                described in subparagraph (A).
          (2) Contents.--The reports required under paragraph (1) shall 
        assess, for each National Forest in the covered area, the 
        progress achieved in accomplishing--
                  (A) the purposes of this title; and
                  (B) the performance goals established under section 
                103.
  (f) Termination of Authority.--
          (1) In general.--The authority provided by this title shall 
        terminate on the date that is 15 years after the date of 
        enactment of this Act.
          (2) Effect.--Nothing in this subsection affects a valid 
        contract in effect on the date described in paragraph (1).

SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--Subject to subsection (c), there is authorized to be 
appropriated $50,000,000 to carry out this title, to remain available 
until expended.
  (b) Use.--Any amounts appropriated to the Secretary under subsection 
(a) may be used to support implementation of any cost-sharing 
authorities provided by this title.
  (c) Effect on Other Funds.--The Secretary may not divert funding from 
a National Forest or grassland outside of the State to meet the 
performance requirements of this title.
  (d) Reprogramming Authority.--
          (1) In general.--Except as provided in paragraph (2), after 
        submitting to the Committees on Appropriations of the House of 
        Representatives and the Senate a notice, the Secretary may 
        reprogram any funds--
                  (A) made available to the Secretary through an 
                appropriation for the National Forest System; and
                  (B) allocated to be used on the National Forests in 
                the covered area.
          (2) Exception.--No funds appropriated for a recreation or 
        grazing activity may be subject to reprogramming under 
        paragraph (1).

               TITLE II--COOPERATIVE PARTNERSHIP FUNDING

SEC. 201. FOREST PLANNING.

  Section 327(b)(2) of the Department of the Interior and Related 
Agencies Appropriations Act, 1996 (16 U.S.C. 1611 note; Public Law 104-
134) is amended by inserting ``expenditures for forest planning 
activities necessary for timber sales for projects that are located on 
any landscape that receives funding under section 4004 of the Omnibus 
Public Land Management Act of 2009 (16 U.S.C. 7304) and'' after ``may 
include''.

SEC. 202. COOPERATIVE FOREST INNOVATION PARTNERSHIP PROJECTS.

  Section 13B of the Cooperative Forestry Assistance Act of 1978 (16 
U.S.C. 2109b) is amended by adding at the end the following:
  ``(d) Regulations.--Not later than 90 days after the date of 
enactment of the Oregon Eastside Forests Restoration, Old Growth 
Protection, and Jobs Act of 2013, the Secretary shall promulgate 
regulations to implement the authority of the Secretary under that Act.
  ``(e) Cooperation With State Governments.--
          ``(1) Projects authorized.--Not later than 180 days after the 
        date of enactment of the Oregon Eastside Forests Restoration, 
        Old Growth Protection, and Jobs Act of 2013, the Secretary, in 
        cooperation with the States, shall carry out projects to 
        support the ability of the Department of Agriculture to address 
        the restoration of National Forests in eligible areas.
          ``(2) Eligible areas.--A project under paragraph (1) may be 
        carried out on--
                  ``(A) the covered area (as defined in section 101 of 
                the Oregon Eastside Forests Restoration, Old Growth 
                Protection, and Jobs Act of 2013); and
                  ``(B) any additional areas of the National Forest 
                System that the Secretary selects to carry out 
                paragraph (1).
          ``(3) Funding.--For each fiscal year, the Secretary shall use 
        not more than 5 percent of the funds made available for forest 
        health on Federal land under the heading `state and private 
        forestry' of title III of an appropriations Act making funds 
        available to the Department of the Interior to pay for not more 
        than 50 percent of the total cost of carrying out paragraph 
        (1).''.

                                Purpose

    The purpose of S. 1301 is to restore forest landscapes, 
protect old-growth forests, and improve the management of 
National Forests in eastern Oregon.

                          Background and Need

    The National Forests on the eastside of the Cascade Range 
in Oregon cover approximately 10 million acres, much of which 
contains dry ponderosa and mixed conifer forests that are 
adapted to frequent wildfires, along with rivers that support 
endangered salmon and other sensitive fish species. These 
forests play an active role in the State's economy and support 
a number of forest products businesses that have been hard-hit 
by the recent decline in the timber market and federal forest 
policies that have reduced timber sale offerings over the last 
decade. Many of these forests also have been impacted by years 
of fire suppression, logging, road building, and other land 
management practices, and by climatic conditions resulting in 
hotter and drier conditions. They now pose a risk of 
uncharacteristically intense wildfires and further natural 
resource degradation.
    The management of these forests has been the subject of 
considerable study and debate for years. In July 1993, 
President Clinton directed the Forest Service to ``develop a 
scientifically sound and ecosystem-based strategy for 
management of eastside forests,'' launching a decade-long 
effort that has produced an array of studies, land management 
plans, and strategies. In the early 1990s, a number of interim 
strategies were developed to protect aquatic and terrestrial 
species and old-growth habitat during the development of the 
long-term strategy. These interim strategies included the 
``eastside screens'' (which generally prohibited the harvesting 
of trees larger than 21 inches in diameter in dry forests), 
PACFISH (which established protections for anadromous fish 
habitat), and INFISH (which established protections for inland 
native fish habitat). These strategies remain a part of the 
long-term management strategy.
    Meanwhile, the debate over forest management in these 
forests has continued. The legislation would set up a 15-year 
pilot program with a goal to accelerate and guide restoration 
and fuels reduction, provide a reliable supply of timber to 
local businesses, protect old-growth and wildlife habitat, 
promote collaboration, and achieve other objectives.

                          Legislative History

    Senator Wyden introduced S. 1301 on July 16, 2013. A 
hearing was held by the Subcommittee on Public Lands, Forests, 
and Mining on July 30, 2013. At its business meeting on 
December 19, 2013, S. 1301 was reported favorably with an 
amendment in the nature of a substitute.
    Related bills, S. 220 and S. 2895, were introduced by 
Senator Wyden in the 112th and 111th Congresses, respectively. 
The Subcommittee on Public Lands and Forests held a hearing on 
S. 220 on May 18, 2011 (S. Hrg. 112-39) and on S. 2895 on March 
10, 2010 (S. Hrg. 111-565), and held a field hearing on June 4, 
2010 (S. Hrg. 111-682).

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on December 19, 2013, by a voice vote of 
a quorum present, recommends that the Senate pass S. 1301, if 
amended as described herein. Senators Lee and Scott asked to be 
recorded as voting no.

                          Committee Amendment

    During its consideration of S. 1301, the committee adopted 
an amendment in the nature of a substitute. The amendment adds 
a table of contents; strikes the list of purposes; strikes 
several definitions, modifies several others, and adds two new 
definitions; modifies and redesignates most of section 4 as 
section 102; modifies and redesignates section 4(d) as section 
103; replaces section 5 on watershed management with a new 
section 104 on aquatic and riparian resources management; 
modifies and redesignates section 6 as section 105; modifies 
and redesignates section 7 as section 106; modifies and 
redesignates section 8 as section 107; modifies and 
redesignates section 9 as section 108; strikes section 10 on 
cooperative partnership projects; modifies and redesignates 
section 11 as section 109; modifies and redesignates section 12 
as section 110; and adds a new title II on cooperative 
partnership funding.
    The amendment is explained in detail in the section-by-
section analysis, below.

                      Section-by-Section Analysis

    Section 1 provides a short title and table of contents.

      TITLE I--FOREST RESTORATION, OLD GROWTH PROTECTION AND JOBS

    Section 101 defines key terms used in title I.
    Section 102 provides forest management direction to the 
Forest Service for the National Forests east of the Cascades in 
Oregon.
    Subsection (a) directs the Secretary to implement title I 
in the covered area (defined as the national forests in Oregon 
not within the range of the Northern Spotted Owl during the 15-
year period beginning on the date of enactment.
    Subsection (b) sets forth the land management goals of 
restoring forest health and watershed health, reducing the risk 
posed to forests by unnaturally severe disturbances, and timber 
harvesting to retain forest products infrastructure.
    Subsection (c) directs the Secretary to use landscape-scale 
planning based on watershed boundaries and work with partners 
to achieve the goals described in subsection (b).
    Subsection (d) directs the Secretary to develop protocols 
to identify trees over 150 years of age and to retain these 
trees when implementing projects in the covered area.
    Subsection (e) prohibits construction of permanent roads 
unless necessary to realign an existing road.
    Subsection (f) requires the Secretary to monitor projects.
    Section 103 (a) directs the Secretary to establish 
performance objectives in consultation with collaborative 
groups, consistent with the land management goals in section 
102(b). Subsection (b) directs the Secretary, to the maximum 
extent practicable, to implement projects that are 
predominantly comprised of mechanical treatment that emphasizes 
sawtimber as a byproduct on not less than 60,000 acres in the 
first fiscal year after the date of enactment, not less than 
80,000 acres in the second fiscal year after the date of 
enactment, and not less than 100,000 acres in each fiscal year 
thereafter.
    Section 104 requires the primary focus of aquatic and 
riparian protection activities in the covered area to be to 
protect, maintain, and restore natural ecological functions and 
processes beneficial to water quality and quantity, and directs 
the Secretary to develop an aquatic and riparian conservation 
strategy.
    Section 105 directs the Secretary to establish the Eastside 
Forest Scientific and Technical Advisory Panel to advise the 
Secretary, collaborative groups, and the public on the 
development and implementation of goals, performance measures, 
and projects. Subsection (b) prescribes the composition of the 
panel. Subsection (c) ensures that the panel includes experts 
from a broad array of fields. Subsection (d) requires the panel 
to report recommendations on the manner by which the Secretary 
can best achieve the purposes and land management goals listed 
in section 102(b).
    Section 106(a) directs the Secretary to implement 
ecological restoration projects in the covered area to support 
the land management goals described in section 103(b). 
Subsection (b) directs the Secretary to implement one or more 
ecological restoration projects with a gross planning area of 
50,000 acres for each national Forest in the covered area that 
provide landscape-scale work within a watershed area within 3 
years after the selection of the covered area. Subsection (c) 
prescribes criteria for the Secretary to consider in developing 
and implementing ecological restoration projects. Subsection 
(d) requires the Secretary, to the maximum extent practicable, 
to examine opportunities for, and achieve, a net reduction in 
the permanent road system. Subsection (e) requires the 
Secretary to prioritize ecological restoration projects, taking 
into account the criteria in subsection (c) and the degree to 
which the ecological restoration projects would improve forest 
and watershed health and the considerations listed in 
subsection (e)(2).
    Section 107 requires the Secretary to consult with, and 
consider the recommendations of, any collaborative group that 
meets the criteria listed in section 107(b).
    Section 108 requires the Secretary to carry out vegetation 
management projects and ecological restoration projects in 
accordance with the National Environmental Policy Act. 
Subsection (b) requires the Secretary to prepare a landscape-
scale environmental impact statement for vegetation management 
projects and ecological restoration projects carried out under 
title I in areas of National Forests in eastern Oregon that 
share ecological conditions and resource issues. Subsection (c) 
requires the Secretary to complete the record of decision 
within one year after the date of enactment. Subsection (d) 
requires any legal challenge to the environmental impact 
statement and record of decision to be filed within 120 days 
after the record of decision is signed by the Secretary.
    Section 109(a) provides that nothing in the title affects 
Indian treaty rights or any biological opinions. Subsection 
(b)(1) provides that the title does not apply to certain 
vegetation management projects approved before the date of 
enactment. Subsection (b)(2) provides that the advisory panel's 
recommendations report will not automatically require an 
amendment or revision to a vegetation management project under 
contract or existing forest plans. Subsection (c) requires the 
Secretary to carry out the title in accordance with applicable 
laws and regulations. Subsection (d) requires the Secretary to 
designate a principal agency contact for implementation of the 
title. Subsection (e) requires the Secretary to prepare a 
report on the implementation of the title not earlier than 3 
years after he selects the covered area nor later than 5 years 
after he selects the covered area. Subsection (f) provides that 
the authority provided by the title terminates 15 years after 
the date of enactment.
    Subsection 110 authorizes the appropriation of $50 million 
to carry out the title. This subsection prohibits the Secretary 
from diverting funds from National Forests located outside the 
State of Oregon to meet the performance requirements of this 
title, and instead, authorizes the Secretary to reprogram 
certain funds to meet the performance requirements.

               TITLE II--COOPERATIVE PARTNERSHIP FUNDING

    Section 201 amends section 327(b)(2) of the Department of 
the Interior and Related Agencies Appropriations Act, 1996 (16 
U.S.C. 1611 note) to permit expenditures for forest planning 
activities for projects funded under the Collaborative Forest 
Landscape Restoration Program (16 U.S.C. 7301-7304) to be 
considered as expenditures for the preparation of timber sales.
    Section 202 amends section 13B of the Cooperative Forestry 
Assistance Act of 1978 (16 U.S.C. 2109b) to require the 
Secretary to issue regulations for cost-sharing innovative 
projects authorized under the Cooperative Forestry Assistance 
Act; to direct the Secretary to carry out projects, in 
cooperation with the States, to restore National Forests in 
eligible areas; and to limit the amount of funding that the 
Secretary can use on these projects.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 1301--Oregon Eastside Forests Restoration, Old Growth Protection, 
        and Jobs Act of 2013

    Summary: S. 1301 would authorize appropriations totaling 
$50 million for the Forest Service to carry out vegetation 
management and ecological restoration projects in national 
forests in eastern Oregon. The bill also would establish a 
panel of experts to advise the Forest Service on managing those 
forests.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing the legislation would cost $48 
million over the 2015-2019 period. Implementing H.R. 1301 could 
affect offsetting receipts; however, any increase in receipts 
would be contingent on future appropriations and not directly 
attributable to this bill. Enacting S. 1301 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    S. 1301 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1301 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                                                           2015-
                                                                   2015    2016    2017    2018    2019    2019
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...................................      10      10      10      10      10      50
Estimated Outlays...............................................       8      10      10      10      10      48
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
1301 will be enacted near the end of 2014, that the authorized 
amounts will be appropriated evenly over the 2015-2019 period, 
and that spending will follow historical patterns for similar 
activities of the Forest Service.
    S. 1301 would authorize the appropriation of $50 million 
for the Forest Service to carry out projects aimed at restoring 
forest lands and increasing the amount of timber harvested in 
national forests in eastern Oregon. The bill also would 
establish a panel to advise the Secretary of Agriculture on 
managing those forests. Assuming appropriation of the 
authorized amounts, CBO estimates that implementing the 
legislation would cost $48 million over the 2015-2019 period.
    Implementing S. 1301 could affect offsetting receipts; 
however, any increase in receipts, which CBO estimates could 
total a few million dollars annually, would be contingent on 
future appropriations and not directly attributable to this 
bill.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: S. 1301 
contains no intergovernmental or private-sector mandates as 
defined in UMRA.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Melissa Merrell; Impact 
on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1301.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1301, as ordered reported.

                   Congressionally Directed Spending

    Section 110(a) of S. 1301, as introduced by Sentor Wyden 
and reported by the Committee, authorize appropriation of $50 
million to the Secretary of Agriculture to carry out activities 
on National Forests in the State of Oregon.

                        Executive Communications

    The testimony provided by Forest Service at the July 30, 
2013, Subcommittee on Public Lands, Forests, and Mining hearing 
on S. 1301 follows:

   Statement of Leslie Weldon, Deputy Chief, National Forest System, 
               Forest Service, Department of Agriculture

    Mr. Chairman, and Members of the Subcommittee, I am Leslie 
Weldon, Deputy Chief for the U.S. Forest Service. Thank you for 
the opportunity to share the Administration's views on S. 1301, 
Oregon Eastside Forests Restoration, Old Growth Protection and 
Jobs Act of 2013. We would like to express our appreciation to 
Chairman Wyden for the leadership, energy and effort that went 
into developing this legislation and for his work to bring 
diverse interests together.
    The Administration supports S. 1301; however, we are 
concerned that the agency may not have the capacity required to 
achieve the management targets prescribed in the bill. We want 
to continue to work with the Committee and the Chairman on this 
and other issues. USDA also has reservations about legislating 
forest management decisions and would hope that the work the 
Forest Service is doing to increase the pace and scale of 
forest restoration and management of the National Forests will 
make this type of legislation unnecessary in the future.
    There are numerous concepts in the legislation that the 
Department strongly supports including: conducting assessments 
at a broad landscape scale to focus our efforts to achieve 
restoration results on the ground, reducing our road system to 
what is needed, maintaining a much needed wood products 
industry and infrastructure, promoting sustainable use of 
biomass as an energy source, and collaborating with interested 
parties. We recognize the need to substantially increase the 
number of treatment acres for ecological reasons. We look 
forward to working with the Chairman and the Committee to 
ensure good alignment between the legislation and our current 
efforts to achieve our common goal of restoration that provides 
ecological, social and economic benefits.
    S. 1301 would authorize the Secretary to select all or part 
of one or more National Forests in Oregon as part of the 
Initiative. The provisions of the bill would apply to the 
covered area selected by the Secretary for a period of 15 
years. In the covered area, the Secretary would be directed to 
seek accomplishment of certain land management goals, consider 
opportunities to carry out certain objectives, use landscape 
scale planning, prioritize vegetative management and hazardous 
fuel reduction to achieve performance goals, and carry out 
projects that would, to the maximum extent practicable, 
mechanically treat not less than 60,000 acres in the first 
fiscal year following enactment, not less than 80,000 acres in 
the second fiscal year; and not less than 100,000 acres in each 
of the subsequent years.
    S. 1301 also would direct the Secretary to delineate areas 
of aquatic and riparian resources in the covered area and would 
provide that vegetative management projects in the delineated 
areas protect and restore those resources and comply with 
aquatic and riparian protection requirements in the existing 
land management plans. The Secretary would be directed to have 
an advisory panel prepare a restoration report of the covered 
area to establish land management goals and carry out 
ecological restoration projects including projects at a 
landscape scale.
    In implementing these provisions, the Secretary would seek 
advice from the scientific advisory panel established under the 
bill. The Secretary also would consult with collaborative 
groups. On National Forests in Oregon and Washington, we are 
currently engaged in an eastside restoration strategy and are 
engaged in numerous efforts to encourage and expand programs 
and activities that embrace many of the concepts in this 
legislation.
    When Secretary Vilsack articulated his vision for America's 
forests, he underscored the overriding importance of forest 
restoration by calling for complete commitment to restoration. 
He also highlighted the need for pursuing an ``all-lands'' 
approach to forest restoration and for close coordination with 
other landowners to encourage collaborative solutions.
    To that end, the President's FY 14 budget proposal includes 
a $757 million Integrated Resource Restoration line-item. This 
integrated funding approach will allow the Forest Service to 
apply the landscape scale concept, similar to the landscape 
scale efforts envisioned in this bill, across the entire 
National Forest System. In addition, the FY 14 budget provides 
$40 million, the full authorized amount, for the Collaborative 
Forest Landscape Restoration Program (CFLRP).
    Three notable and selected CFLRP projects in eastern Oregon 
include the Skyline Project, the Lakeview Stewardship Project, 
and the Southern Blue Mtn. Projects. These three projects 
represent over 1,600,000 acres of landscapes in eastern Oregon 
in desperate need of restoration work, which has begun. On all 
three projects, the Forest Service is working with the 
associated collaboratives to prioritize accomplishment of 
restoration work. CFLRP funding for these three projects is 
over $5 million per year for the next 8 years. This funding is 
combined with matching National Forest System funding to 
increase the pace of restoration implementation in the project 
areas and doubles the amount of acres we can restore.
    The Forest Service is very interested in expanding 
collaborative restoration efforts within the State of Oregon 
and throughout the country. We are focusing on advancing 
several principles we believe are paramount to accomplishing 
restoration on the entire National Forest System. These 
principles include collaboration with diverse stakeholders, 
efficient implementation of the National Environmental Policy 
Act, greater dialogue areas of conflict prior to the decision, 
ensuring opportunities for local contractors, expansion of the 
use of stewardship contracting if reauthorized, and monitoring 
to track our results on the ground.
    As Secretary Vilsack has noted previously, the Forest 
Service has reservations about legislating specific treatment 
levels and other aspects of our forest plans and identified 
several items of concern with the legislation. However, the 
Senator's office, Committee staff, and the Forest Service 
worked together and made significant progress in addressing 
these concerns. The Agency has a meaningful national approach 
to management of the national forests that takes into account 
local conditions and circumstances through the development and 
implementation of Land and Resource Management Plans. Achieving 
performance levels proposed in this bill may be outside agency 
current capacity. USDA wants to ensure that this does not 
negatively impact other Forest Service priorities in Region 6 
as well as shift funds from other areas of the country where 
high priority work is also underway and important to achieve. 
In addition, specific levels of treatment may also result in 
unrealistic expectations on the part of the communities and 
forest product stakeholders that the agency would accomplish 
the quantity of treatment required. In addition, we have 
various corrections, clarifications, and modifications to 
suggest and would be happy to work with the Committee staff to 
address these matters. They include the number of forests 
covered by this legislation, suggested planning area acres 
thresholds, the setting of age limits for harvest, 
compatibility with PACfish and Infish, Environmental Impact 
Statement timelines, and budgets.
    We have a strong interest in accelerating our restoration 
activities to achieve resilient landscapes and ecologically and 
economically healthy communities and we look forward to working 
with you to achieve these common objectives.
    I want to again thank Chairman Wyden for his leadership and 
strong commitment to Oregon's national forests, their 
surrounding communities, and forest products infrastructure. I 
look forward to working with the Senator, his staff, and the 
Committee, and all interested stakeholders to help ensure 
sustainable communities and provide the best land stewardship 
for our national forests. This concludes my prepared statement 
and I would be pleased to answer any questions you may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1301, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  1996

     OMNIBUS CONSOLIDATED RECISSIONS AND APPROPRIATIONS ACT OF 1996

                           Public Law 104-134

  AN ACT Making appropriations for fiscal year 1996 to make a further 
downpayment toward a balanced budget, and for other purposes.

           *       *       *       *       *       *       *

    (c) For programs, projects or activities in the Department 
of the Interior and Related Agencies Appropriations Act, 1996, 
provided as follows, to be effective as if it had been enacted 
into law as the regular appropriations Act:

  AN ACT Making appropriations for the Department of the Interior and 
related agencies for the fiscal year ending September 30, 1996, and for 
other purposes.

           *       *       *       *       *       *       *

TITLE III--GENERAL PROVISIONS

           *       *       *       *       *       *       *

SEC. 327. TIMBER SALES PIPELINE RESTORATION FUNDS.

           *       *       *       *       *       *       *

    (b)(1) From the funds deposited into the Agriculture Fund 
and into the Interior Fund pursuant to subsection (a)--
                  (A) seventy-five percent shall be available, 
                without fiscal year limitation or further 
                appropriation, for preparation of timber sales, 
                other than salvage sales as defined in section 
                2001(a)(3) of the fiscal year 1995 Supplemental 
                Appropriations for Disaster Assistance and 
                Rescissions Act, which--
                          (i) are situated on lands within the 
                        National Forest System and lands 
                        administered by the Bureau of Land 
                        Management, respectively; and
                          (ii) are in addition to timber sales 
                        for which funds are otherwise available 
                        in this Act or other appropriations 
                        Acts; and
                  (B) twenty-five percent shall be available, 
                without fiscal year limitation or further 
                appropriation, to expend on the backlog of 
                recreation projects on lands within the 
                National Forest System and lands administered 
                by the Bureau of Land Management, respectively.
    (2) Expenditures under this subsection for preparation of 
timber sales may include expenditures for forest planning 
activities necessary for timber sales for projects that are 
located on any landscape that receives funding under section 
4004 of the Omnibus Public Land Management Act of 2009 (16 
U.S.C. 7304) and expenditures for Forest Service activities 
within the forest land management budget line item and 
associated timber roads, and Bureau of Land Management 
activities within the Oregon and California grant lands account 
and the forestry management area account, as determined by the 
Secretary concerned.

           *       *       *       *       *       *       *

    This Act may be cited as the ``Department of the Interior 
and Related Agencies Appropriations Act, 1996''.

           *       *       *       *       *       *       *

              COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978

                     Public Law 95-313, as amended

AN ACT To authorize the Secretary of Agriculture to provide cooperative 
forestry assistance to States and others, and for other purposes.

           *       *       *       *       *       *       *

SEC. 13B. COMPETITIVE ALLOCATION OF FUNDS FOR COOPERATIVE FOREST 
                    INNOVATION PARTNERSHIP PROJECTS.

    (a) Cooperative Forest Innovation Partnership Projects.--
The Secretary may competitively allocate not more than 5 
percent of the funds made available under this Act to support 
innovative national, regional, or local education, outreach, or 
technology transfer projects that the Secretary determines 
would substantially increase the ability of the Department of 
Agriculture to address the national priorities specified in 
section 2(c).
    (b) Eligibility.--Notwithstanding the eligibility 
limitations contained in this Act, any State or local 
government, Indian tribe, land-grant college or university, or 
private entity shall be eligible to compete for funds to be 
competitively allocated under subsection (a).
    (c) Cost-Share Requirement.--In carrying out subsection 
(a), the Secretary shall not cover more than 50 percent of the 
total cost of a project under such subsection. In calculating 
the total cost of a project and contributions made with regard 
to the project, the Secretary shall include in-kind 
contributions.
    (d) Regulations.--Not later than 90 days after the date of 
enactment of the Oregon Eastside Forests Restoration, Old 
Growth Protection, and Jobs Act of 2013, the Secretary shall 
promulgate regulations to implement the authority of the 
Secretary under that Act.
    (e) Cooperation With State Governments.--
          (1) Projects authorized.--Not later than 180 days 
        after the date of enactment of the Oregon Eastside 
        Forests Restoration, Old Growth Protection, and Jobs 
        Act of 2013, the Secretary shall carry out projects to 
        support the ability of the Department of Agriculture to 
        address the restoration of National Forests in eligible 
        areas.
          (2) Eligible areas.--A project under paragraph (1) 
        may be carried out on--
                  (A) the covered area (as defined in section 
                101 of the Oregon Eastside Forests Restoration, 
                Old Growth Protection, and Jobs Act of 2013); 
                and
                  (B) any additional areas of the National 
                Forest System that the Secretary selects to 
                carry out paragraph (1).
          (3) Funding.--For each fiscal year, the Secretary 
        shall use not more than 5 percent of the funds made 
        available for forest health on Federal land under the 
        heading ``STATE AND PRIVATE FORESTRY'' of title III of 
        an appropriations Act making funds available to the 
        Department of the Interior to pay for not more than 50 
        percent of the total cost of carrying out paragraph 
        (1).

           *       *       *       *       *       *       *

                                  

```