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[Senate Report 108-254]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 477
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-254

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              COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978

                                _______
                                

                 April 26, 2004.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1910]

     The Committee on Energy and Natural Resources, to which 
was referred the bill (S. 1910) to direct the Secretary of 
Agriculture to carry out an inventory and management program 
for forests derived from public domain land, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                         Purpose of the Measure

     The purpose of S. 1910 is to direct the Secretary of 
Agriculture to carry out an inventory and management program 
for forests derived from public domain land.

                           Background and Need

     Recent focus on restoring the health of and reducing 
hazardous fuels in forested lands in our National Forests has 
highlighted the importance of accurately identifying and 
monitoring the location, type, and conditions of forest stands. 
This information also is crucial in developing a comprehensive 
early warning system for potential catastrophic environmental 
threats to these forests. Such a system would significantly 
increase the likelihood that forest managers could isolate and 
treat any such outbreak before it gets out of control. Recent 
advances in technology offer promising methods for collecting 
this information more efficiently and effectively.
     A program designed to accomplish these goals already is 
authorized for some National Forest lands, but its focus is 
limited to the Eastern United States. These continues to be a 
need to develop this information for National Forest lands in 
the West, however.

                           Legislative History

     During the development of the Healthy Forest Restoration 
Act of 2003, Pub. L. No. 108-148 (2003), the program authorized 
by S. 1910 was included in the Act as it passed the Senate. In 
conference, however, the Senate language was dropped in favor 
of more limited language from the House bill that focused on 
forest in the East. See. e.g., H.R. Rep. No. 108-386 at 43-44 
(2003); tit. VI, Sec. 601, Pub. L. No. 108-148 (2003).
     S. 1910 was introduced in the Senate by Senator Wyden on 
November 20, 2003. The Subcommittee on Public Lands and Forests 
held a hearing on February 12, 2004. At the business meeting on 
March 24, 2004, the Committee on Energy and Natural Resources 
ordered the measure favorably reported without amendment.

                        Committee Recommendations

     The Senate Committee on Energy and Natural Resources, in 
an open business session on March 24, 2004, by a unanimous 
voice vote of a quorum present, recommends that the Senate pass 
S. 1920.

                       Section-by-Section Analysis

     Section 1 amends section 17 of the Cooperative Forestry 
Assistance Act of 1978 bystriking the effective date of the 
original Act and inserting new language addressing forest inventory and 
management.
    Subsection (a) of the amendment directs the Secretary to 
carry out a program to inventory, monitor, characterize, assess 
and identify forest stands on National Forest System lands 
derived from the public domain and private forest land with the 
consent of the landowner.
    Subsection (b) of the amendment requires the use of remote 
sensing technology, emerging geospatial research capabilities, 
validating techniques, and integrated results.
    Subsection (c) of the amendment directs the Secretary to 
address early detection of environmental threats such as 
insect, disease, invasive species, fire, acid deposition, and 
weather-related risks and other episodic events, forest 
degradation, carbon uptake, management practices, and forest 
characterization.
    Subsection (d) of the amendment requires the development of 
an early warning system for potential catastrophic 
environmental threats to forests.
    Subsection (e) of the amendment designates the Ochoco 
National Forest headquarters in Prineville, Oregon, to address 
the issues in described subsection (c), with emphasis on 
coniferous stands in the Western United States.
    Subsection (f) of the amendment authorizes appropriations.

                   Cost and Budgetary Considerations

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 29, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1910, a bill to 
direct the Secretary of Agriculture to carry out an inventory 
and management program for forests derived from public domain 
land.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 1910--A bill to direct the Secretary of Agriculture to carry out an 
        inventory and management program for forests derived from 
        public domain land

    Summary: S. 1910 would authorize the appropriation of funds 
necessary for the Secretary of Agriculture to establish a 
program to assess the health of certain federal and private 
forests, primarily in western states. The bill would direct the 
Secretary to develop means of detecting potentially 
catastrophic environmental threats to those forests and 
specifies that those efforts should be carried out from a 
facility in the Ochoco National Forest in Oregon.
    Based on information from the Forest Service about the 
level of effort and resources needed to meet those 
requirements, CBO estimates that implementing S. 1910 would 
cost $2 million in 2005 and $24 million over the 2005-2009 
period, assuming appropriation of the necessary amounts. The 
bill would not affect direct spending or revenues. S. 1910 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) and would 
impose no costs on state, local, or tribal governments.
    Estimated cost to the Federal Government: For this 
estimate, CBO assumes that S. 1910 will be enacted near the 
start of fiscal year 2005 and that amounts estimated to be 
necessary will be provided each year. Estimates of outlays are 
based on historical spending patterns for similar activities. 
The estimated budgetary impact of S. 1910 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--
                                                                    --------------------------------------------
                                                                       2005     2006     2007     2008     2009
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated authorization level......................................        5        5        5        5        5
Estimated outlays..................................................        2        6        6        5        5
----------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 1910 
contains no intergovernmental or private-sector mandates as 
defined in UMR and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Megan Carroll. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Selena Caldera.
    Estimate approved by: Peter H. Fontaine, 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. 1910.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses. Private land only will be considered with the 
consent of the landowner.
    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. 1910.

                        Executive Communications

    On February 12, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Agriculture and the Office of Management and Budget setting 
forth executive views on S. 1910. The testimony provided by the 
Department of Agriculture at the Subcommittee hearing follows:

      Statement of USDA Forest Service, Department of Agriculture

    Mr. Chairman and Members of the Committee, thank you for 
the opportunity to present the Department of Agriculture's 
views on S. 1910, a bill to direct the Secretary of Agriculture 
to carry out an inventory and management program for forests 
derived from public domain land with the purpose of providing 
long term solutions to forest health issues. The Department of 
Agriculture supports S. 1910.
    On December 3, 2003, President Bush signed into law the 
Healthy Forests Restoration Act (HFRA) of 2003 to reduce the 
threat of destructive wildfires while upholding environmental 
standards and encouraging early public input during review and 
planning processes. The legislation is based on sound science 
and helps further the President's Healthy Forests Initiative 
pledge to care for America's forests and rangelands, reduce the 
risk of catastrophic fire to communities, help save the lives 
of firefighters and citizens, and protect threatened and 
endangered species. The HFRA also authorizes a forest stand 
inventory and monitoring program to improve detection for and 
response to environmental threats on National Forest lands 
other than those NFS lands reserved from the public domain and 
private lands with the owners' consent.
    S. 1910, as introduced, would complement the Healthy Forest 
Restoration Act by authorizing an inventory and management 
program on National Forest lands reserved from the public 
domain with an emphasis on forest stands in the Western United 
States. The bill would amend the Cooperative Forestry 
Assistance Act of 1978 to direct the Secretary of Agriculture 
to use geospatial and information management technologies to 
inventory, monitor, and identify National Forest System and 
private (with landowner consent) forest stands through the 
application of remote sensing technology of the National 
Aeronautics and Space Administration (NASA) and the United 
States Geological Survey; emerging geospatial capabilities in 
research activities; field verification to validate techniques; 
and integrating the results into pilot operational systems.
    Under the provisions of the S. 1910, the Secretary would 
address: (1) environmental threats (including insect, disease, 
invasive species, fire, acid deposition, and weather-related 
risks and other episodic events); (2) forest degradation, and 
preventive management practices; (3) quantification of carbon 
uptake rates; and (4) characterization of vegetation types, 
density, fire regimes, and post-fire effects. The bill would 
require the Secretary to develop a comprehensive early warning 
system for potential catastrophic environmental forest threats.
    The Secretary would also designate and maintain a facility 
in the Ochoco National Forest headquarters in Prineville, 
Oregon, to address these issues.
    S. 1910 is important because if recognizes the critical 
need to help identify priorities and monitor progress as 
implementation of the National Fire Plan, the President's 
Healthy Forests Initiative and the Healthy Forest Restoration 
Act proceeds. Current condition class and fire regime maps 
require updating, and by using remote sensing the Forest 
Service can track changes in condition class over time as 
vegetation changes and projects are implemented on the ground. 
Opportunities exist to work with NASA, other agencies and the 
commercial sector to use state-of-the-art technologies in earth 
observations, from aircraft and spacecraft, and output from 
predictive models to improve the timeliness and accuracy of 
forest and rangeland inventories, monitor changes over time, 
and detect insect and disease infestations.
    Several existing Forest Service programs are well 
positioned to help address the issues identified in the 
proposed legislation.
    The Forest Service participates in national and 
international monitoring efforts for disturbances, forest 
health, and sustainability. Forest Health Monitoring (FHM) is a 
national program designed to determine the status, changes, and 
trends in indicators of forest condition on an annual basis. 
The FHM program uses data from ground plots and surveys, aerial 
surveys, and other biotic and abiotic data sources and develops 
analytical approaches to address forest health issues that 
affect the sustainability of forest ecosystems.
    Forest Inventory and Analysis (FIA) is the Nation's forest 
census. The Forest Inventory and Analysis program collects data 
and reports annually on strategic-scale status and trends in 
the Nation's forests, including data on forest threats, 
degradation, and vegetation characterization. These reports 
cover status and trends in forest area and location; species, 
size, and health of trees; total tree growth, mortality, and 
removals by harvest; wood production and utilization rates by 
various products; and forest land ownership. The FIA program 
includes information relating to tree crown condition, lichen 
community composition, soils, ozone indicator plants, complete 
vegetative diversity, and coarse woody debris. In addition to 
strategic-scale analysis, National Forest land managers are 
highly interested in monitoring forests at the stand level. 
Active stand-level inventory programs are underway in several 
Regions and could be applied in the forests of eastern Oregon.
    A part of the President's Climate Change Science program 
involves interagency activity focused on integrating land-based 
and remote sensing inventories of carbon. This integration is 
done through partnerships at a variety of work units across the 
United States to cover all forest ecosystems. Forest Service 
Research and Development produces the national forest carbon 
inventory, through a multi-disciplinary national team, and 
includes quantification of carbon uptake. Other research 
activities develop carbon uptake estimates, carbon management 
systems, and management practices that protect and enhance 
forest health and productivity.
    The agency also participates in developing detection, 
monitoring and mitigation systems for invasive species at 
various scales. The Forest Health Protection program of the 
Forest Service works closely with other Federal and State 
partners to detect and eradicate new invasions of invasive 
forest insects and pathogens, such as the Asian longhorned 
beetle, emerald ash borer, and sudden oak death, with the aim 
of reducing future impacts to urban and forest environments.
    The proposed inventory program in S. 1910, especially 
integrated with the existing inventory and monitoring 
activities of the Forest Service and our state partners, would 
complement those programs in important ways. Specifically, 
increasing emphasis on stand-level monitoring will be of great 
interest to land managers and others involved in planning and 
implementing specific forest management projects on the ground. 
Linking these programs would support an effective early warning 
system that will enable land managers to isolate and treat 
before the threat gets out of control; and prevent epidemics 
that could be environmentally and economically devastating to 
forests.
    The Central Oregon location presents opportunities to pilot 
technologies due to the diverse forest types ranging from wet 
Douglas fir and mountain hemlock at the crest of the Cascades 
to dry juniper and sagebrush at the lower elevations, and the 
various forest types in-between. Forests across central Oregon 
are representative of most of the coniferous forests across the 
west. Insects and diseases present include Mountain Pine 
Beetle, spruce budworm, various root rots, and mistletoe. An 
Inventory Center on the Ochoco National Forest would provide an 
opportunity to integrate and synthesize important forest health 
and fuels information from Forest Service Research and 
Development, State and Private Forestry and National Forest 
Systems.
    We would like to work with the communities on the exact 
location of the center within the Prineville community. We 
believe there may be sites other than the headquarters building 
which would serve the purposes of the bill.
    We look forward to working with the committee and others 
interested in addressing healthy forest ecosystems. This 
concludes my testimony. I would be happy to answer any 
questions that 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 
S. 1910, 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):

              COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978

(Public Law 95-313; 92 Stat. 365)

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                            [EFFECTIVE DATE

    [Sec. 17. The provisions of this Act shall become effective 
October 1, 1978.]

SEC. 17. FOREST INVENTORY AND MANAGEMENT.

    (a) In General.--The Secretary shall carry out a program 
using geospatial and information management technologies 
(including remote sensing imaging and decision support systems) 
to inventory, monitor, characterize, assess, and identify 
forest stands and potential forest stands on--
          (1) units of the National Forest System derived from 
        public domain land; and
          (2) private forest land, with the consent of the 
        owner of the land.
    (b) Means.--The Secretary shall carry out the program 
through the use of--
          (1) remote sensing technology of the National 
        Aeronautics and Space Administration and the United 
        States Geological Survey;
          (2) emerging geospatial capabilities in research 
        activities;
          (3) validating techniques, including coordination and 
        reconciliation with existing data through field 
        verification, using application demonstrations; and
          (4) integration of results into pilot operational 
        systems.
    (c) Issues To Be Addressed.--In carrying out the program, 
the Secretary shall address issues including--
          (1) early detection, identification, and assessment 
        of environmental threats (including insect, disease, 
        invasive species, fire, acid deposition, and weather-
        related risks and other episodic events);
          (2) loss or degradation of forests;
          (3) degradation of the quality forest stands caused 
        by inadequate forest regeneration practices;
          (4) quantification of carbon uptakes rates;
          (5) management practices that focus on preventing 
        further forest degradation; and
          (6) characterization of vegetation types, density, 
        fire regimes, post-fire effects, and condition class.
    (d) Early Warning System.--In carrying out the program, the 
Secretary shall develop a comprehensive early warning system 
for potential catastrophic environmental threats to forests to 
increase the likelihood that forest managers will be able to--
          (1) isolate and treat a threat before the threat gets 
        out of control; and
          (2) prevent epidemics, such as the American chestnut 
        blight in the first half of the twentieth century, that 
        could be environmentally and economically devastating 
        to forests.
    (e) Administration.--To carry out this section, the 
Secretary shall designate and maintain a facility in the Ochoco 
National Forest headquarters in Prineville, Oregon, that will 
address the issues described in subsection (c), with a 
particular emphasis on coniferous forest stands in the Western 
United States.
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as are necessary to carry out this 
section.

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