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104TH CONGRESS

2D SESSION H. R. 3485

To require the Secretary of Agriculture to conduct an adaptive forest management research program in Colville National Forest, Washington, that

will provide for a creditable, science-based approach to manage firegenerated, overstocked, small-diameter, stagnated forest stands for the

purposes of improving forest health, providing wood fiber for manufacturing facilities in forest-dependent communities, and meeting current and

future environmental needs.

IN THE HOUSE OF REPRESENTATIVES

MAY 16, 1996

Mr. NETHERCUTT introduced the following bill; which was referred to the

Committee on Agriculture

A BILL

To require the Secretary of Agriculture to conduct an adaptive forest management research program in Colville National Forest, Washington, that will provide for a creditable, science-based approach to manage fire-generated,

overstocked, small-diameter, stagnated forest stands for

the purposes of improving forest health, providing wood

fiber for manufacturing facilities in forest-dependent

communities, and meeting current and future environmental needs.

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

2 This Act may be cited as the ‘‘Colville National For3 est Adaptive Management of Timber Resources Act’’.

4 SEC. 2. FINDINGS.

5 Congress finds the following:

6 (1) Forest vegetation on Federal lands in the

7 intermountain West, including eastern Washington

8 and particularly the Colville National Forest in the

9 State of Washington, is in an extremely overstocked

10 condition due to fire exclusion and nonmanagement,

11 resulting in unhealthy, low-vigor stands that are sus12 ceptible to disease, insects, and fire.

13 (2) The value of this forest vegetation far ex14 ceeds the cost of managing these stands for a

15 healthy, productive ecosystem, but the current regu16 latory structure of overlapping directives and plan17 ning documents hinders management of this forest

18 vegetation in a manner necessary to achieve, simul19 taneously, healthy and productive ecosystems and

20 community benefits.

21 (3) The current regulatory structure and overall

22 policy direction further hinder the flexibility of the

23 Forest Service to plan and prepare projects that ef24 fectively consider local conditions and opportunities

25 or capture market opportunities.
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1 (4) Federal budgetary limitations have reduced

2 the trained and experienced Forest Service

3 workforce below the level necessary to plan for and

4 maintain healthy and productive ecosystems. At the

5 same time the Forest Service is forced to spend a

6 disproportionate amount of its resources on plan7 ning, with insufficient resources remaining to imple8 ment scientifically acceptable forest management ac9 tivities.

10 (5) Implementation of adaptive management

11 techniques in selected areas of the Colville National

12 Forest will provide a healthy ecosystem, provide for

13 long-term national fiber needs, generate funds in ex14 cess of costs, and stimulate the economies of local,

15 resource-dependent communities.

16 (6) The scientific knowledge gained from

17 projects conducted using the adaptive management

18 techniques required under this Act will benefit simi19 lar forest stands throughout the intermountain

20 West.

21 (7) The economic knowledge gained from such

22 projects will benefit management projects in all tim23 ber stands.

24 SEC. 3. PURPOSES.

25 The purposes of this Act are the following:
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1 (1) To combat the adverse human and environ2 mental consequences of catastrophic wildfire, includ3 ing immediate-term loss of life, vegetation, soil,

4 water, and nearby land use, and long-term loss of

5 land productivity and continuous resource flow.

6 (2) To use a creditable, science-based, adaptive

7 management approach to manage fire-generated,

8 overstocked, small-diameter, stagnated forest stands

9 to improve forest health, meet current and future

10 environmental needs, and provide wood fiber for

11 processing in dependent communities.

12 (3) To demonstrate the cost-effective use of pri13 vate contractors to perform substantive planning

14 and plan implementation tasks for the Forest Serv15 ice.

16 SEC. 4. PREPARATION, IMPLEMENTATION, AND EVALUA17 TION OF ADAPTIVE FOREST MANAGEMENT IN

18 COLVILLE NATIONAL FOREST.

19 (a) ADAPTIVE MANAGEMENT RESEARCH PLAN RE20 QUIRED.—Not later than 1 year after the date of the en21 actment of this Act, the Secretary of Agriculture shall pre22 pare and submit to Congress a research plan, including

23 supporting environmental documents, that provides for the

24 implementation and evaluation of controlled silvicultural

25 treatment in fire-generated, overstocked, small-diameter,
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1 stagnated forest stands in designated areas of the Colville

2 National Forest in the State of Washington for the pur3 pose of testing the effect of adaptive management tech4 niques in the treatment of such forest stands.

5 (b) AREAS COVERED BY PLAN.—The research plan

6 prepared under subsection (a) shall apply to the following

7 areas of the Colville National Forest:

8 (1) The approximately 110,000 acres of the

9 Colville National Forest identified as economically

10 suited for adaptive management techniques in the

11 Forest Service study of 1989–1994 regarding creat12 ing opportunities.

13 (2) Other lands in the Colville National Forest

14 selected by the Secretary as having characteristics

15 similar to the lands identified in paragraph (1).

16 (c) IMPLEMENTATION OF PLAN.—The Secretary

17 shall implement the research plan prepared under sub18 section (a) not later than the second full field season be19 ginning after the date of the enactment of this Act. The

20 Secretary may begin an initial demonstration project

21 based on a preliminary draft of the research plan as soon

22 as practicable in an area of approximately 10,000 acres.

23 (d) USE OF PRIVATE SECTOR.—Subject to the avail24 ability of funds for this purpose under subsection (e), the

25 Secretary may use private contractors, including individ-
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1 uals and groups involved in the preparation of the study

2 referred to in subsection (b)(1), in the preparation and

3 implementation of the research plan required under sub4 section (a) and in monitoring the effects of the research

5 plan under subsection (i). To the greatest extent prac6 ticable, such private contractors shall be selected from

7 communities adversely affected by reductions in the timber

8 sale program of the National Forest System.

9 (e) FUNDING.—

10 (1) ESTABLISHMENT OF SPECIAL ACCOUNT.—

11 To fund the preparation and implementation of the

12 research plan required under subsection (a), the Sec13 retary shall establish an account to be known as the

14 ‘‘Ecosystem Adaptive Management Demonstration

15 Account’’.

16 (2) FUNDS FOR ACCOUNT.—There shall be allo17 cated or transferred to the account the following:

18 (A) A portion of the amount annually allo19 cated to the Colville National Forest pursuant

20 to any other provision of law, to be based on

21 the proportion of the Colville National Forest

22 subject to the research plan.

23 (B) The amounts deposited pursuant to

24 subsection (g)(3).
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1 (C) Any amounts borrowed under para2 graph (3).

3 (3) BORROWING AUTHORITY.—To the extent

4 necessary to fund startup costs under the research

5 plan, the Secretary may borrow amounts from sal6 vage sale accounts of the Forest Service or amounts

7 available under the Act of June 9, 1930 (16 U.S.C.

8 576 et seq; commonly known as the Knutson-Van9 denberg Act). The Secretary shall repay amounts

10 borrowed, without interest, using funds deposited in

11 the account under subsection (g)(3).

12 (f) USE OF ACCOUNT.—The Secretary shall use

13 amounts in the special account established under sub14 section (e) for—

15 (1) the design and implementation of research

16 projects conducted under the research plan prepared

17 under subsection (a), except that the Secretary shall

18 use funds from other sources to cover any costs re19 lated to appeals or litigation concerning those

20 projects; and

21 (2) to the extent amounts remain available in

22 the special account after expenditures under para23 graph (1), vegetative management activities, fuels

24 treatment, monitoring, and watershed improvement
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1 projects within the areas covered by the research

2 plan.

3 (g) TREATMENT OF RECEIPTS.—Receipts generated

4 from the sale of forest products resulting from silvicultural

5 treatments under the research plan prepared under sub6 section (a) shall be deposited or utilized as follows:

7 (1) 25 percent shall be deposited in the general

8 fund of the Treasury of the United States as a mis9 cellaneous receipt, pursuant to the procedures speci10 fied in the fifth paragraph under the heading ‘‘FOR11 EST SERVICE’’ in the Act of March 4, 1907 (34

12 Stat. 1270; 16 U.S.C. 499), and related laws.

13 (2) 25 percent shall be provided to the State of

14 Washington pursuant to the procedures specified in

15 the sixth paragraph under the heading ‘‘FOREST

16 SERVICE’’ in the Act of May 23, 1908 (35 Stat.

17 260; 16 U.S.C. 500).

18 (3) 50 percent shall be deposited in the special

19 account established under subsection (e).

20 (h) SCHEDULE OF SILVICULTURAL TREATMENTS.—

21 Silvicultural treatments under the research plan prepared

22 under subsection (a) shall be conducted during the 10-year

23 period beginning on the date the research plan is first im24 plemented. The total number of acres treated in each of
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1 the first 5 years shall not vary by more than 20 percent

from 1 2 ⁄10 of the total acres covered by the research plan.

3 (i) MONITORING AND REPORTS.—The Secretary shall

4 commence monitoring of the effects of research activities

5 under the research plan prepared under subsection (a) im6 mediately after implementation of the research plan. Mon7 itoring activities shall continue for a period of not less

8 than 15 years. At 5-year intervals during the monitoring

9 period, the Secretary shall submit to Congress a report

10 containing the results of the monitoring, findings derived

11 from the research projects under the research plan, and

12 the implications of such findings for management of simi13 lar overstocked stands. Each report shall include a de14 tailed accounting of direct costs and returns associated

15 with the implementation of the research plan.

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