```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1164 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1164

 To amend the Forest and Rangeland Renewable Resources Planning Act of 
1974, the Federal Land Policy and Management Act of 1976, the National 
Wildlife Refuge System Administration Act of 1966, the National Indian 
 Forest Resources Management Act, and title 10, United States Code, to 
     strengthen the protection of native biodiversity and to place 
restraints upon clearcutting and certain other cutting practices on the 
                     forests of the United States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 1993

   Mr. Bryant (for himself, Mr. Porter, Mr. Olver, Mr. Pete Geren of 
Texas, Mr. Torres, Mr. Ravenel, Mr. Blackwell, Mr. Payne of New Jersey, 
  Mr. Nadler, Mr. Coleman, Mr. Conyers, Mr. Hamburg, Mr. Cardin, Mr. 
Machtley, Mr. Stark, Mr. Poshard, Mr. Berman, Mr. Filner, Mr. Dellums, 
   Mr. Moran, Mr. Walsh, Ms. Norton, Mr. Beilenson, Mr. Waxman, Mrs. 
Kennelly, Mr. Henry, Mr. Andrews of Texas, Mr. Frost, and Mrs. Maloney) 
   introduced the following bill; which was referred jointly to the 
   Committees on Natural Resources, Agriculture, Merchant Marine and 
                     Fisheries, and Armed Services

                              May 26, 1993

  Additional sponsors: Mr. Franks of New Jersey, Mr. Washington, Mr. 
 Evans, Mr. Serrano, Ms. Byrne, Mr. Neal of Massachusetts, Ms. Eshoo, 
Mr. Schumer, Mr. Smith of Texas, Mr. Ackerman, Mr. Bacchus of Florida, 
  Mr. McCloskey, Mr. Jacobs, Mr. Rangel, Mr. Mineta, Mr. Markey, Mrs. 
             Lowey, Mr. Borski, and Mr. Brown of California

                           September 17, 1993

   Additonal sponsors: Ms. Roybal-Allard, Mr. Engel, Mr. Yates, Mrs. 
Morella, Mr. Edwards of California, Ms. Eddie Bernice Johnson of Texas, 
  Mr. Andrews of New Jersey, Miss Collins of Michigan, Mr. Horn, Mr. 
  Frank of Massachusetts, Mr. Farr of California, Mr. Torricelli, Mr. 
Gene Green of Texas, Mr. Shays, Mr. Becerra, Mr. Barrett of Wisconsin, 
               Mr. Gilchrest, Mr. Costello, and Mr. Clay

_______________________________________________________________________

                                 A BILL

 
 To amend the Forest and Rangeland Renewable Resources Planning Act of 
1974, the Federal Land Policy and Management Act of 1976, the National 
Wildlife Refuge System Administration Act of 1966, the National Indian 
 Forest Resources Management Act, and title 10, United States Code, to 
     strengthen the protection of native biodiversity and to place 
restraints upon clearcutting and certain other cutting practices on the 
                     forests of the United States.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forest Biodiversity and Clearcutting 
Prohibition Act of 1993''.

SEC. 2. PURPOSES AND FINDINGS.

    (a) Purposes.--The purposes of this Act are, in all timberland 
owned or operated by the United States where logging is permitted, to 
conserve native biodiversity and to protect all native ecosystems 
against losses that result from clearcutting and other forms of even-
age logging.
    (b) Findings.--Congress finds the following:
            (1) Federal agencies of the United States that engage in 
        even-age logging practices include the Forest Service of the 
        Department of Agriculture, the United States Fish and Wildlife 
        Service, Bureau of Land Management, and Bureau of Indian 
        Affairs of the Department of the Interior, and the Army, Navy, 
        and Air Force of the Department of Defense.
            (2) Even-age logging causes a substantial reduction in 
        native biodiversity by emphasizing the production of a limited 
        number of commercial species of trees on each site, generally 
        only one; by manipulating the vegetation toward greater 
        relative density of such commercial species, by suppressing 
        competing species, and by planting, on numerous sites, a 
        commercial strain that was developed to reduce the relative 
        diversity of genetic strains that previously occurred within 
        the species on the same sites.
            (3) Even-age logging kills immobile species and the very 
        young of mobile species of wildlife and depletes the habitat of 
        deep-forest species of animals, including endangered species.
            (4) Even-age logging exposes the soil to direct sunlight, 
        impact of rains, disruption of surface, and compaction of 
        organic layers, and disrupts the run-off restraining 
        capabilities of roots and low-lying vegetation, resulting in 
        soil erosion, leaching out of nutrients, reduction in 
        biological content of the soil, and impoverishment of the soil, 
        with long-range deleterious effect on all land resources, even 
        timber production.
            (5) Even-age logging decreases the capability of the soil 
        to retain carbon and, during the critical periods of felling 
        and site preparation, reduces the capacity of the biomass to 
        process and to store carbon, with a result of loss of such 
        carbon to the atmosphere, thereby aggravating global warming.
            (6) Even-age logging renders the soil increasingly 
        sensitive to acid deposition by causing decline of soil wood 
        and coarse woody debris, reducing site capacity for retention 
        of water and nutrients, increasing soil heat, and impairing the 
        maintenance of protective carbon compounds on the soil surface.
            (7) Even-age logging results in increased stream 
        sedimentation, siltation of stream bottoms, decline in water 
        quality, impairment of life cycles and spawning processes of 
        aquatic life from benthic organisms to large fish, thereby 
        depleting the sports and commercial fisheries of the United 
        States.
            (8) Even-age logging results in lessening resistance in the 
        plant community, including the commercial tree crop, to insects 
        and diseases, under the ecological principle that as the 
        relative density of a species in a given area approaches 
        totality the population of that species in that area becomes 
        increasingly susceptible to insects and diseases.
            (9) Even-age logging increases harmful edge effects, 
        including blowdowns, invasions by weed species, and heavier 
        losses to predators and competitors, from raccoons and hawks to 
        ratsnakes and cowbirds.
            (10) Even-age logging decreases recreational diversity, 
        reducing deep, canopied, variegated, permanent forests, where 
        the public can fulfill an expanding need for recreation. Even-
        age logging replaces such forests with a surplus of clearings 
        that grow into relatively impenetrable thickets of saplings, 
        and then into monotonous plantations.
            (11) Human beings depend on native biological resources, 
        including plants, animals, and micro-organisms, for food, 
        medicine, shelter, and other important products, and as a 
        source of intellectual and scientific knowledge, recreation, 
        and aesthetic pleasure.
            (12) Reduction in native biodiversity has serious 
        consequences for human welfare as America irretrievably loses 
        resources for research and agricultural, medicinal, and 
        industrial development.
            (13) Reduction of biological diversity in Federal forests 
        adversely affects the functions of ecosystems and critical 
        ecosystem processes that moderate climate, govern nutrient 
        cycles and soil conservation and production, control pests and 
        diseases, and degrade wastes and pollutants.
            (14) The harm of even-age logging to the natural resources 
        of this Nation and the quality of life of its people are 
        substantial, severe, and avoidable.
            (15) By substituting selection management and native 
        biodiversity protection, as prescribed in this Act, for the 
        even-age system, the Federal agencies now engaged in even-age 
        logging would substantially reduce or eliminate devastation to 
        the environment, would maintain vital native ecosystems in 
        Federal forests, and would improve the quality of life of the 
        American people.
            (16) Selection logging is more job intensive, therefore 
        providing more employment than even-age cutting for managing 
        the same amount of timber production, and produces higher 
        quality sawlogs.
            (17) The court remedies now available for citizens to 
        utilize in the enforcement of Federal forest laws are 
        inadequate, and should be strengthened by providing for actions 
        by citizens for injunctions, declaratory judgments, civil 
        penalties, and reasonable costs of suit.

SEC. 3. AMENDMENT OF RANGELAND AND RENEWABLE RESOURCES PLANNING ACT OF 
              1974 RELATING TO NATIONAL FOREST SYSTEM LANDS.

    (a) Conservation of Native Biodiversity.--Section 6(g)(3)(B) of the 
Forest and Rangeland Renewable Resources Planning Act of 1974 (16 
U.S.C. 1604(g)(3)(B)) is amended to read as follows:
                    ``(B) in each stand that is managed or operated for 
                timber purposes, throughout each forested area, provide 
                for the conservation or restoration of native 
                biodiversity except during the extraction stage of 
                authorized mineral development or during authorized 
                construction projects, in which events the Secretary 
                shall conserve native biodiversity to the extent 
                possible;''.
    (b) Committee of Scientists.--Section 6(h)(1) of the Forest and 
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
1604(h)(1)) is amended to read as follows:
    ``(h) Committee of Scientists.--(1) In carrying out the purposes of 
subsection (g) of this section, the Secretary shall appoint a committee 
of scientists who are not officers or employees of the Forest Service 
nor of any other public entity, nor of any entity engaged in whole or 
in part in the production of wood or wood products, and have not 
contracted with or represented any of such entities within a period of 
5 years prior to serving on such committee. The committee shall provide 
scientific and technical advice and counsel on proposed guidelines and 
procedures to assure that an effective interdisciplinary approach is 
proposed and adopted. The committee shall terminate after the 
expiration of 10 years from the date of enactment of this paragraph.''.
    (c) Restriction on Use of Certain Logging Practices.--Section 6 of 
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 
U.S.C. 1604) is amended by adding at the end the following:
    ``(n) Restriction on Use of Certain Logging Practices.--(1) In each 
stand that is managed or operated for timber purposes throughout each 
forested area, the guidelines under subsection (g)(3)(F) shall prohibit 
any even-age logging and any even-age management after one year after 
the date of enactment of this subsection.
    ``(2) On each site already under even-age management, the Secretary 
shall (A) prescribe a shift to selection management within one year, or 
(B) cease managing for timber purposes and actively restore the native 
biodiversity, or permit each site to regain its native biodiversity.
    ``(3) For the purposes of this subsection:
            ``(A) The term `native biodiversity' means the full range 
        of variety and variability within and among living organisms 
        and the ecological complexes in which they would have occurred 
        in the absence of significant human impact, and encompasses 
        diversity, within a species (genetic), within a community of 
        species (within-community), between communities of species 
        (between-communities), within a total area such as a watershed 
        (total area), along a plane from ground to sky (vertical), and 
        along the plane of the earth-surface (horizontal). Vertical and 
        horizontal diversity apply to all the other aspects of 
        diversity.
            ``(B) The terms `conserve' and `conservation' refer to 
        protective measures for maintaining existing native biological 
        diversity and active measures for restoring diversity through 
        management efforts, in order to protect, restore, and enhance 
        as much of the variety of species and communities as possible 
        in abundances and distributions that provide for their 
        continued existence and normal functioning, including the 
        viability of populations throughout their natural geographic 
        distributions.
            ``(C) The term `within-community diversity' means the 
        distinctive assemblages of species and ecological processes 
        that occur in different physical settings of the biosphere and 
        distinct parts of the world.
            ``(D) The term `genetic diversity' means the differences in 
        genetic composition within and among populations of a given 
        species.
            ``(E) The term `species diversity' means the richness and 
        variety of native species in a particular location of the 
        world.
            ``(F) The term `group selection' means a form of selection 
        management that emphasizes the periodic removal of trees, 
        including mature, undesirable, and cull trees in small groups, 
        where they occur that way, with a result of (i) creating 
        openings not to exceed in width in any direction the height of 
        the tallest tree standing within 10 feet of the edge of the 
        group cut, and (ii) maintaining different age groups in a given 
        stand. In no event will more than 30 percent of a stand be 
        felled within 30 years.
            ``(G) The term `stand' means a forest community with enough 
        identity by location, topography, or dominant species to be 
        managed as a unit, not to exceed 100 acres.
            ``(H) The term `clearcutting' means the logging of the 
        commercial trees in a patch or stand in a short period of time.
            ``(I) The term `even-age management' means the growing of 
        commercial timber so that all trees in a patch or stand are 
        generally within 10 years of the same age. Except for 
        designated leave trees, or clumps of trees, the patch or stand 
        is logged, completely in any acre within a period of 30 years, 
        by clearcutting, salvage logging, seed-tree cutting or 
        shelterwood cutting, or any system other than selection 
        management.
            ``(J) The term `salvage logging' means the felling or 
        further damaging, within any 30-year period, of a greater basal 
        area than 30 square feet per acre of dead, damaged, or other 
        trees, or any combination of such trees.
            ``(K) The term `seed-tree cut' means a logging operation 
        that leaves one or more seed trees, generally 6 to 10 per acre.
            ``(L) The term `selection management' means the application 
        of logging and other actions needed to maintain continuous high 
        forest cover where such cover naturally occurs, recurring 
        natural regeneration of all native species on the site, and the 
        orderly growth and development of trees through a range of 
        diameter or age classes to provide a sustained yield of forest 
        products. Cutting methods that develop and maintain selection 
        stands are individual-tree and group selection. A goal of 
        selection is improvement of quality by continuously harvesting 
        trees less likely to contribute to the long-range health of the 
        stand.
            ``(M) The term `shelterwood cut' means an even-aged 
        silvicultural regeneration method under which a minority of the 
        mature stand is retained as a seed source or protection during 
        the regeneration period. The standing mature trees, usually 10 
        to 20 per acre, are later removed in one or more cuttings.
            ``(N) The term `timber purposes' shall include the use, 
        sale, lease, or distribution of trees, or the felling of trees 
        or portions of trees except to create land space for a 
        structure or other use.
    ``(4)(A)(i) The purpose of this paragraph is to foster the widest 
possible enforcement of subsection (g)(3)(B) and this subsection.
    ``(ii) Congress finds that all people of the United States are 
injured by actions on lands to which subsection (g)(3)(B) and this 
subsection apply.
    ``(B) The provisions of subsection (g)(3)(B) and this subsection 
shall be enforced by the Secretary of Agriculture and the Attorney 
General of the United States against any person who violates either of 
them.
    ``(C)(i) Any citizen may enforce any provision of subsection 
(g)(3)(B) and this subsection by bringing an action for declaratory 
judgment, temporary restraining order, injunction, civil penalty, and 
other remedies against any alleged violator including the United 
States, in any district court of the United States.
    ``(ii) The court, after determining a violation of either of such 
subsections, shall impose a penalty of not less than $5,000 and not 
more than $50,000 per violation, shall issue one or more injunctions 
and other equitable relief and shall award to the plaintiffs reasonable 
costs of litigation including attorney's fees, witness fees and other 
necessary expenses.
    ``(D) The penalty authorized by subparagraph (C)(ii) shall be paid 
by the violator or violators designated by the court. If that violator 
is the United States of America or a Federal agency or officer, the 
penalty shall be paid to the Judgment Fund, as provided by Congress 
under section 1304 of title 31, United States Code.
    ``(E) The penalty shall be paid from the Judgment Fund within 40 
days after judgment to the person or persons designated to receive it, 
to be applied in protecting or restoring native biodiversity in or 
adjoining Federal land. Any award of costs of litigation and any award 
of attorney fees shall be paid within 40 days after judgment.
    ``(F) The United States, including its agents and employees waives 
its sovereign immunity in all respects in all actions under subsection 
(g)(3)(B) and this subsection. No notice is required to enforce this 
subsection.
    ``(5) No roads shall be constructed or reconstructed in any 
roadless area, as defined in the second United States Department of 
Agriculture Forest Service Roadless Area Review and Evaluation (RARE 
II, 1978) or in a land and resource management plan prepared pursuant 
to this section.
    (d) Conforming Amendment.--Section 6(g)(2)(F) of the Forest and 
Rangeland Renewable Resource Planning Act of 1974 (16 U.S.C. 
1604(g)(2)(F)) is amended by inserting ``in accordance with subsection 
(g) and'' after ``National Forest System lands.''.

SEC. 4. AMENDMENT OF FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 
              RELATING TO THE PUBLIC LANDS.

    (a) Conservation of Native Biodiversity.--Section 202(c) of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)) is 
amended--
            (1) by redesignating paragraphs (8) and (9) as paragraphs 
        (9) and (10), respectively; and
            (2) by inserting after paragraph (7) the following new 
        paragraph (8):
            ``(8) in each stand that is managed or operated for timber 
        purposes throughout each forested area provide for the 
        conservation or restoration of native biodiversity except 
        during the extraction stage of authorized mineral development 
        or during authorized construction projects, in which events the 
        Secretary shall conserve native biodiversity to the extent 
        possible;''.
    (b) Restriction on Use of Certain Logging Practices.--Section 202 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) 
is amended by adding at the end the following:
    ``(g) Restriction on Use of Certain Logging Practices.--(1) In each 
stand that is managed or operated for timber purposes throughout each 
forested area, the Secretary under subsection (c)(8) shall prohibit any 
even-age logging and any even-age management after one year after the 
date of enactment of this subsection.
    ``(2) On each site already under even-age management, the Secretary 
shall (A) prescribe a shift to selection management within one year, or 
(B) cease managing for timber purposes and actively restore the native 
biodiversity, or permit each site to regain its native biodiversity.
    ``(3) For the purposes of this subsection:
            ``(A) The term `native biodiversity' means the full range 
        of variety and variability within and among living organisms 
        and the ecological complexes in which they would have occurred 
        in the absence of significant human impact, and encompasses 
        diversity, within a species (genetic), within a community of 
        species (within-community), between communities of species 
        (between-communities), within a total area such as a watershed 
        (total area), along a plane from ground to sky (vertical), and 
        along the plane of the earth-surface (horizontal). Vertical and 
        horizontal diversity apply to all the other aspects of 
        diversity.
            ``(B) The terms `conserve' and `conservation' refer to 
        protective measures for maintaining existing native biological 
        diversity and active measures for restoring diversity through 
        management efforts, in order to protect, restore, and enhance 
        as much of the variety of species and communities as possible 
        in abundances and distributions that provide for their 
        continued existence and normal functioning, including the 
        viability of populations throughout their natural geographic 
        distributions.
            ``(C) The term `within-community diversity' means the 
        distinctive assemblages of species and ecological processes 
        that occur in different physical settings of the biosphere and 
        distinct parts of the world.
            ``(D) The term `genetic diversity' means the differences in 
        genetic composition within and among populations of a given 
        species.
            ``(E) The term `species diversity' means the richness and 
        variety of native species in a particular location of the 
        world.
            ``(F) The term `group selection' means a form of selection 
        management that emphasizes the periodic removal of trees, 
        including mature, undesirable, and cull trees in small groups, 
        where they occur that way, with a result of (i) creating 
        openings not to exceed in width in any direction the height of 
        the tallest tree standing within 10 feet of the edge of the 
        group cut, and (ii) maintaining different age groups in a given 
        stand. In no event will more than 30 percent of a stand be 
        felled within 30 years.
            ``(G) The term `stand' means a forest community with enough 
        identity by location, topography, or dominant species to be 
        managed as a unit, not to exceed 100 acres.
            ``(H) The term `clearcutting' means the logging of the 
        commercial trees in a patch or stand in a short period of time.
            ``(I) The term `even-age management' means the growing of 
        commercial timber so that all trees in a patch or stand are 
        generally within 10 years of the same age. Except for 
        designated leave trees, or clumps of trees, the patch or stand 
        is logged, completely in any acre within a period of 30 years, 
        by clearcutting, salvage logging, seed-tree cutting or 
        shelterwood cutting, or any system other than selection 
        management.
            ``(J) The term, `salvage logging' means the felling or 
        further damaging, within any 30-year period, of a greater basal 
        area than 30 square feet per acre of dead, damaged, or other 
        trees, or any combination of such trees.
            ``(K) The term `seed-tree cut' means a logging operation 
        that leaves one or more seed trees, generally 6 to 10 per acre.
            ``(L) The term `selection management' means the application 
        of logging and other actions needed to maintain continuous high 
        forest cover where such cover naturally occurs, recurring 
        natural regeneration of all native species on the site, and the 
        orderly growth and development of trees through a range of 
        diameter or age classes to provide a sustained yield of forest 
        products. Cutting methods that develop and maintain selection 
        stands are individual-tree and group selection. A goal of 
        selection is improvement of quality by continuously harvesting 
        trees less likely to contribute to the long-range health of the 
        stand.
            ``(M) The term `shelterwood cut' means an even-aged 
        silvicultural regeneration method under which a minority of the 
        mature stand is retained as a seed source or protection during 
        the regeneration period. The standing mature trees, usually 10 
        to 20 per acre, are later removed in one or more cuttings.
            ``(N) The term `timber purposes' shall include the use, 
        sale, lease, or distribution of trees, or the felling of trees 
        or portions of trees except to create land space for a 
        structure or other use.
    ``(4)(A)(i) The purpose of this paragraph is to foster the widest 
possible enforcement of subsection (c)(8) and this subsection.
    ``(ii) Congress finds that all people of the United States are 
injured by actions on lands to which subsection (c)(8) and this 
subsection apply.
    ``(B) The provisions of subsection (c)(8) and this subsection shall 
be enforced by the Secretary of the Interior and the Attorney General 
of the United States against any person who violates either of them.
    ``(C)(i) Any citizen may enforce any provision of subsection (c)(8) 
and this subsection by bringing an action for declaratory judgment, 
temporary restraining order, injunction, civil penalty, and other 
remedies against any alleged violator including the United States, in 
any district court of the United States.
    ``(ii) The court, after determining a violation of either of such 
subsections, shall impose a penalty of not less than $5,000 and not 
more than $50,000 per violation, shall issue one or more injunctions 
and other equitable relief and shall award to the plaintiffs reasonable 
costs of litigation including attorney's fees, witness fees and other 
necessary expenses.
    ``(D) The penalty authorized by subparagraph (C) (ii) shall be paid 
by the violator or violators designated by the court. If that violator 
is the United States of America or a Federal agency or officer, the 
penalty shall be paid to the Judgment Fund, as provided by Congress 
under section 1304 of title 31, United States Code.
    ``(E) The penalty shall be paid from the Judgment Fund within 40 
days after judgment to the person or persons designated to receive it, 
to be applied in protecting or restoring native biodiversity in or 
adjoining Federal land. Any award of costs of litigation and any award 
of attorney fees shall be paid within 40 days after judgment.
    ``(F) The United States, including its agents and employees waives 
its sovereign immunity in all respects in all actions under subsection 
(c)(8) and this subsection. No notice is required to enforce this 
subsection.
    ``(5) No roads shall be constructed or reconstructed in any Bureau 
of Land Management roadless areas inventoried pursuant to this Act.''.
    (c) Repeal.--Subsection (b) of section 701 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 note) is hereby 
repealed.

SEC. 5. AMENDMENT OF NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT 
              OF 1966 RELATING TO THE NATIONAL WILDLIFE REFUGE SYSTEM.

    Section 4 of the National Wildlife Refuge System Administration Act 
of 1966 (16 U.S.C. 668dd) is amended by adding at the end the 
following:
    ``(j) Conservation of Native Biodiversity.--In each stand that is 
managed or operated for timber purposes throughout each forested area 
within the System, the Secretary shall provide for the conservation or 
restoration of native biodiversity, except during the extraction stage 
of authorized mineral development or during authorized construction 
projects, in which events the Secretary shall conserve native 
biodiversity to the extent possible.
    ``(k) Restriction on Use of Certain Logging Practices.--(1) In each 
stand that is managed or operated for timber purposes throughout each 
forested area within the System, the Secretary under subsection (j) 
shall prohibit any even-age logging and any even-age management after 
one year after the date of enactment of this subsection.
    ``(2) On each site already under even-age management, the Secretary 
shall (A) prescribe a shift to selection management within one year, or 
(B) cease managing for timber purposes and actively restore the native 
biodiversity, or permit each site to regain its native biodiversity.
    ``(3) For the purposes of this subsection:
            ``(A) The term `native biodiversity' means the full range 
        of variety and variability within and among living organisms 
        and the ecological complexes in which they would have occurred 
        in the absence of significant human impact, and encompasses 
        diversity, within a species (genetic), within a community of 
        species (within-community), between communities of species 
        (between-communities), within a total area such as a watershed 
        (total area), along a plane from ground to sky (vertical), and 
        along the plane of the earth-surface (horizontal). Vertical and 
        horizontal diversity apply to all the other aspects of 
        diversity.
            ``(B) The terms `conserve' and `conservation' refer to 
        protective measures for maintaining existing native biological 
        diversity and active measures for restoring diversity through 
        management efforts, in order to protect, restore, and enhance 
        as much of the variety of species and communities as possible 
        in abundances and distributions that provide for their 
        continued existence and normal functioning, including the 
        viability of populations throughout their natural geographic 
        distributions.
            ``(C) The term `within-community diversity' means the 
        distinctive assemblages of species and ecological processes 
        that occur in different physical settings of the biosphere and 
        distinct parts of the world.
            ``(D) The term `genetic diversity' means the differences in 
        genetic composition within and among populations of a given 
        species.
            ``(E) The term `species diversity' means the richness and 
        variety of native species in a particular location of the 
        world.
            ``(F) The term `group selection' means a form of selection 
        management that emphasizes the periodic removal of trees, 
        including mature, undesirable, and cull trees in small groups, 
        where they occur that way, with a result of (i) creating 
        openings not to exceed in width in any direction the height of 
        the tallest tree standing within 10 feet of the edge of the 
        group cut, and (ii) maintaining different age groups in a given 
        stand. In no event will more than 30 percent of a stand be 
        felled within thirty years.
            ``(G) The term `stand' means a forest community with enough 
        identity by location, topography, or dominant species to be 
        managed as a unit, not to exceed 100 acres.
            ``(H) The term `clearcutting' means the logging of the 
        commercial trees in a patch or stand in a short period of time.
            ``(I) The term `even-age management' means the growing of 
        commercial timber so that all trees in a patch or stand are 
        generally within 10 years of the same age. Except for 
        designated leave trees, or clumps of trees, the patch or stand 
        is logged, completely in any acre within a period of 30 years, 
        by clearcutting, salvage logging, seed-tree cutting or 
        shelterwood cutting, or any system other than selection 
        management.
            ``(J) The term, `salvage logging' means the felling or 
        further damaging, within a 30-year period, of a greater basal 
        area than 30 square feet per acre of dead, damaged, or other 
        trees, or any combination of such trees.
            ``(K) The term `seed-tree cut' means a logging operation 
        that leaves one or more seed trees, generally 6 to 10 per acre.
            ``(L) The term `selection management' means the application 
        of logging and other actions needed to maintain continuous high 
        forest cover where such cover naturally occurs, recurring 
        natural regeneration of all native species on the site, and the 
        orderly growth and development of trees through a range of 
        diameter or age classes to provide a sustained yield of forest 
        products. Cutting methods that develop and maintain selection 
        stands are individual-tree and group selection. A goal of 
        selection is improvement of quality by continuously harvesting 
        trees less likely to contribute to the long-range health of the 
        stand.
            ``(M) The term `shelterwood cut' means an even-aged 
        silvicultural regeneration method under which a minority of the 
        mature stand is retained as a seed source or protection during 
        the regeneration period. The standing mature trees, usually 10 
        to 20 per acre, are later removed in one or more cuttings.
            ``(N) The term `timber purposes' shall include the use, 
        sale, lease, or distribution of trees, or the felling of trees 
        or portions of trees except to create land space for a 
        structure or other use.
    ``(4)(A)(i) The purpose of this paragraph is to foster the widest 
possible enforcement of subsection (j) and this subsection.
    ``(ii) Congress finds that all people of the United States are 
injured by actions on lands to which subsection (j) and this subsection 
apply.
    ``(B) The provisions of subsection (j) and this subsection shall be 
enforced by the Secretary of the Interior and the Attorney General of 
the United States against any person who violates either of them.
    ``(C)(i) Any citizen may enforce any provision of this subsection 
by bringing an action for declaratory judgment, temporary restraining 
order, injunction, civil penalty, and other remedies against any 
alleged violator including the United States, in any district court of 
the United States.
    ``(ii) The court, after determining a violation of either of such 
subsections, shall impose a penalty of not less than $5,000 and not 
more than $50,000 per violation, shall issue one or more injunctions 
and other equitable relief and shall award to the plaintiffs reasonable 
costs of litigation including attorney's fees, witness fees and other 
necessary expenses.
    ``(D) The penalty authorized by subparagraph (C)(ii) shall be paid 
by the violator or violators designed by the court. If that violator is 
the United States of America or a Federal agency or officer, the 
penalty shall be paid to the Judgment Fund, as provided by Congress 
under section 1304 of title 31, United States Code.
    ``(E) The penalty should be paid from the Judgment Fund within 40 
days after judgment to the person or persons designated to receive it, 
to be applied in protecting or restoring native biodiversity in or 
adjoining Federal land. Any award of costs of litigation and any award 
of attorney fees shall be paid within 40 days after judgment.
    ``(F) The United States, including its agents and employees waives 
its sovereign immunity in all respects in all actions under subsection 
(j) and this subsection. No notice is required to enforce this 
subsection.''.

SEC. 6. AMENDMENT OF NATIONAL INDIAN FOREST RESOURCES MANAGEMENT ACT 
              RELATING TO INDIAN LANDS.

    Section 305 of the National Indian Forest Resources Management Act 
(25 U.S.C. 4535) is amended by adding at the end the following new 
subsections:
    ``(c) Conservation of Native Biodiversity.--In each stand that is 
managed or operated for timber purposes in each forested area on Indian 
lands, the Secretary shall provide for the conservation or restoration 
of native biodiversity in each stand that is managed or operated for 
timber purposes in each forested area on Indian lands except during the 
extraction stage of authorized mineral development or during authorized 
construction projects in which events the Secretary shall conserve 
native biodiversity to the extent possible.
    ``(d) Restriction on Use of Certain Logging Practices.--(1) In each 
stand that is managed or operated for timber purposes throughout each 
forested area on Indian forest lands, the Secretary under subsection 
(c) shall prohibit any even-age logging and any even-age management 
after one year after the date of enactment of this subsection.
    ``(2) On each site already under even-age management, the Secretary 
shall (A) prescribe a shift to selection management within one year, or 
(B) cease managing for timber purposes and actively restore the native 
biodiversity, or permit each site to regain its native biodiversity.
    ``(3) For the purposes of this section:
            ``(A) The term `native biodiversity' means the full range 
        of variety and variability within and among living organisms 
        and the ecological complexes in which they would have occurred 
        in the absence of significant human impact, and encompasses 
        diversity, within a species (genetic), within a community of 
        species (within-community), between communities of species 
        (between-communities), within a total area such as a watershed 
        (total area), along a plane from ground to sky (vertical), and 
        along the plane of the earth-surface (horizontal). Vertical and 
        horizontal diversity apply to all the other aspects of 
        diversity.
            ``(B) The terms `conserve' and `conservation' refer to 
        protective measures for maintaining existing native biological 
        diversity and active measures for restoring diversity through 
        management efforts, in order to protect, restore, and enhance 
        as much of the variety of species and communities as possible 
        in abundances and distributions that provide for their 
        continued existence and normal functioning, including the 
        viability of populations throughout their natural geographic 
        distributions.
            ``(C) The term `within-community diversity' means the 
        distinctive assemblages of species and ecological processes 
        that occur in different physical settings of the biosphere and 
        distinct parts of the world.
            ``(D) The term `genetic diversity' means the differences in 
        genetic composition within and among populations of a given 
        species.
            ``(E) The term `species diversity' means the richness and 
        variety of native species in a particular location of the 
        world.
            ``(F) The term `group selection' means a form of selection 
        management that emphasizes the periodic removal of trees, 
        including mature, undesirable, and cull trees in small groups, 
        where they occur that way, with a result of (i) creating 
        openings not to exceed in width in any direction the height of 
        the tallest tree standing within 10 feet of the edge of the 
        group cut, and (ii) maintaining different age groups in a given 
        stand. In no event will more than 30 percent of a stand be 
        felled within 30 years.
            ``(G) The term `stand' means a forest community with enough 
        identity by location, topography, or dominant species to be 
        managed as a unit, not to exceed 100 acres.
            ``(H) The term `clearcutting' means the logging of the 
        commercial trees in a patch or stand in a short period of time.
            ``(I) The term `even-age management' means the growing of 
        commercial timber so that all trees in a patch or stand are 
        generally within 10 years of the same age. Except for 
        designated leave trees, or clumps of trees, the patch or stand 
        is logged, completely in any acre within a period of 30 years, 
        by clearcutting, salvage logging, seed-tree cutting or 
        shelterwood cutting, or any system other than selection 
        management.
            ``(J) The term, `salvage logging' means the felling or 
        further damaging, within any 30-year period, of a greater basal 
        area than 30 square feet per acre of dead, damaged, or other 
        trees, or any combination of such trees.
            ``(K) The term `seed-tree cut' means a logging operation 
        that leaves one or more seed trees, generally 6 to 10 per acre.
            ``(L) The term `selection management' means the application 
        of logging and other actions needed to maintain continuous high 
        forest cover where such cover naturally occurs, recurring 
        natural regeneration of all native species on the site, and the 
        orderly growth and development of trees through a range of 
        diameter or age classes to provide a sustained yield of forest 
        products. Cutting methods that develop and maintain selection 
        stands are individual-tree and group selection. A goal of 
        selection is improvement of quality by continuously harvesting 
        trees less likely to contribute to the long-range health of the 
        stand.
            ``(M) The term `shelterwood cut' means an even-aged 
        silvicultural regeneration method under which a minority of the 
        mature stand is retained as a seed source or protection during 
        the regeneration period. The standing mature trees, usually 10 
        to 20 per acre, are later removed in one or more cuttings.
            ``(N) The term `timber purposes' shall include the use, 
        sale, lease, or distribution of trees, or the felling of trees 
        or portions of trees except to create land space for a 
        structure or other use.
    ``(4)(A)(i) The purpose of this paragraph is to foster the widest 
possible enforcement of subsection (c) and this subsection.
    ``(ii) Congress finds that all people of the United States are 
injured by actions on lands to which subsection (c) and this subsection 
apply.
    ``(B) The provisions of subsection (c) and this subsection shall be 
enforced by the Secretary of the Interior and the Attorney General of 
the United States against any person who violates either of them.
    ``(C)(i) Any citizen may enforce any provision of subsection (c) 
and this subsection by bringing an action for declaratory judgment, 
temporary restraining order, injunction, civil penalty, and other 
remedies against any alleged violator including the United States, in 
any district court of the United States.
    ``(ii) The court, after determining a violation of either of such 
subsections shall impose a penalty of not less than $5,000 and not more 
than $50,000 per violation, shall issue one or more injunctions and 
other equitable relief and shall award to the plaintiffs reasonable 
costs of litigation including attorney's fees, witness fees and other 
necessary expenses.
    ``(D) The penalty authorized by subparagraph (C)(ii) shall be paid 
by the violator or violators designated by the court. If that violator 
is the United States of America or a Federal agency or officer, the 
penalty shall be paid to the Judgment Fund, as provided by Congress 
under section 1304 of title 31, United States Code.
    ``(E) The penalty should be paid from the Judgment Fund within 40 
days after judgment to the person or persons designated to receive it, 
to be applied in protecting or restoring native biodiversity in or 
adjoining Federal land. Any award of costs of litigation and any award 
of attorney fees shall be paid within 40 days after judgment.
    ``(F) The United States, including its agents and employees waives 
its sovereign immunity in all respects in all actions under subsection 
(c) and this subsection. No notice is required to enforce this 
subsection.''.

SEC. 7. AMENDMENT OF TITLE 10, UNITED STATES CODE, RELATING TO FOREST 
              MANAGEMENT ON MILITARY LANDS.

    (a) In General.--Chapter 159 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2693. Conservation of native biodiversity
    ``(a) Conservation of Native Biodiversity.--In each stand that is 
operated for timber purposes throughout each forested area on a 
military installation or projects administered by the Army Corps of 
Engineers, the Secretary concerned shall provide for the conservation 
or restoration of native biodiversity, except during authorized 
construction projects in which events the Secretary shall conserve 
native biodiversity to the extent possible.
    ``(b) Restriction on Use of Certain Logging Practices.--(1) In each 
stand that is managed or operated for timber purposes throughout each 
forested area on a military installation or reservation and on a 
project administered by the Army Corps of Engineers, the Secretary 
under subsection (a) shall prohibit any even-age logging and any even-
age management after one year after the date of enactment of this 
subsection.
    ``(2) On each site already under even-age management, the Secretary 
shall (A) prescribe a shift to selection management within one year, or 
(B) cease managing for timber purposes and actively restore the native 
biodiversity, or permit each site to regain its native biodiversity.
    ``(3) In this section:
            ``(A) The term `native biodiversity' means the full range 
        of variety and variability within and among living organisms 
        and the ecological complexes in which they would have occurred 
        in the absence of significant human impact, and encompasses 
        diversity, within a species (genetic), within a community of 
        species (within-community), between communities of species 
        (between-communities), within a total area such as a watershed 
        (total area), along a plane from ground to sky (vertical), and 
        along the plane of the earth-surface (horizontal). Vertical and 
        horizontal diversity apply to all the other aspects of 
        diversity.
            ``(B) The terms `conserve' and `conservation' refer to 
        protective measures for maintaining existing native biological 
        diversity and active measures for restoring diversity through 
        management efforts, in order to protect, restore, and enhance 
        as much of the variety of species and communities as possible 
        in abundances and distributions that provide for their 
        continued existence and normal functioning, including the 
        viability of populations throughout their natural geographic 
        distributions.
            ``(C) The term `within-community diversity' means the 
        distinctive assemblages of species and ecological processes 
        that occur in different physical settings of the biosphere and 
        distinct parts of the world.
            ``(D) The term `genetic diversity' means the differences in 
        genetic composition within and among populations of a given 
        species.
            ``(E) The term `species diversity' means the richness and 
        variety of native species in a particular location of the 
        world.
            ``(F) The term `group selection' means a form of selection 
        management that emphasizes the periodic removal of trees, 
        including mature, undesirable, and cull trees in small groups, 
        where they occur that way, with a result of (i) creating 
        openings not to exceed in width in any direction the height of 
        the tallest tree standing within 10 feet of the edge of the 
        group cut, and (ii) maintaining different age groups in a given 
        stand. In no event will more than 30 percent of a stand be 
        felled within 30 years.
            ``(G) The term `stand' means a forest community with enough 
        identity by location, topography, or dominant species to be 
        managed as a unit, not to exceed 100 acres.
            ``(H) The term `clearcutting' means the logging of the 
        commercial trees in a patch or stand in a short period of time.
            ``(I) The term `even-age management' means the growing of 
        commercial timber so that all trees in a patch or stand are 
        generally within 10 years of the same age. Except for 
        designated leave trees, or clumps of trees, the patch or stand 
        is logged completely in any acre within a period of 30 years, 
        by clearcutting, salvage logging, seed-tree cutting or 
        shelterwood cutting, or any system other than selection 
        management.
            ``(J) The term, `salvage logging' means the felling or 
        further damaging, within any 30-year period, of a greater basal 
        area than 30 square feet per acre of dead, damaged, or other 
        trees, or any combination of such trees.
            ``(K) The term `seed-tree cut' means a logging operation 
        that leaves one or more seed trees, generally 6 to 10 per acre.
            ``(L) The term `selection management' means the application 
        of logging and other actions needed to maintain continuous high 
        forest cover where such cover naturally occurs, recurring 
        natural regeneration of all native species on the site, and the 
        orderly growth and development of trees through a range of 
        diameter or age classes to provide a sustained yield of forest 
        products. Cutting methods that develop and maintain selection 
        stands are individual-tree and group selection. A goal of 
        selection is improvement of quality by continuously harvesting 
        trees less likely to contribute to the long-range health of the 
        stand.
            ``(M) The term `shelterwood cut' means an even-aged 
        silvicultural regeneration method under which a minority of the 
        mature stand is retained as a seed source or protection during 
        the regeneration period. The standing mature trees, usually 10 
        to 20 per acre, are later removed in one or more cuttings.
            ``(N) The term `timber purposes' shall include the use, 
        sale, lease, or distribution of trees, or the felling of trees 
        or portions of trees except to create land space for a 
        structure or other use.
    ``(4)(A)(i) The purpose of this paragraph is to foster the widest 
possible enforcement of this section.
    ``(ii) Congress finds that all people of the United States are 
injured by actions on lands to which this section applies.
    ``(B) The provisions of this section shall be enforced by the 
Secretary of Defense and the Attorney General of the United States 
against any person who violates this section.
    ``(C)(i) Any citizen may enforce any provision of this section by 
bringing an action for declaratory judgment, temporary restraining 
order, injunction, civil penalty, and other remedies against any 
alleged violator including the United States, in any district court of 
the United States.
    ``(ii) The court, after determining a violation of this section, 
shall impose a penalty of not less than $5,000 and not more than 
$50,000 per violation, shall issue one or more injunctions and other 
equitable relief and shall award to the plaintiffs reasonable costs of 
litigation including attorney's fees, witness fees and other necessary 
expenses.
    ``(D) The penalty authorized by subparagraph (C)(ii) shall be paid 
by the violator or violators designated by the court. If that violator 
is the United States of America or a Federal agency or officer, the 
penalty shall be paid to the Judgment Fund, as provided by Congress 
under section 1304 of title 31, United States Code.
    ``(E) The penalty should be paid from the Judgment Fund within 40 
days after judgment to the person or persons designated to receive it, 
to be applied in protecting or restoring native biodiversity in or 
adjoining Federal land. Any award of costs of litigation and any award 
of attorney fees shall be paid within 40 days after judgment.
    ``(F) The United States, including its agents and employees waives 
its sovereign immunity in all respects in all actions under this 
section. No notice is required to enforce this section.''.
    (b) Conforming Amendment.--The table of sections for chapter 159 of 
title 10, United States Code, is amended by adding at the end the 
following new item:

``2693. Conservation of native biodiversity.''.

SEC. 8. EFFECTIVE DATE.

    The amendments made by this Act shall not apply with respect to any 
contract to sell timber which was awarded on or before the date of 
enactment of this Act.

                                 <all>

HR 1164 SC----2
HR 1164 SC----3
```