I

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
2

•HR 1164 SC2

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Forest Biodiversity

5 and Clearcutting Prohibition Act of 1993’’.

6 SEC. 2. PURPOSES AND FINDINGS.

7 (a) PURPOSES.—The purposes of this Act are, in all

8 timberland owned or operated by the United States where

9 logging is permitted, to conserve native biodiversity and

10 to protect all native ecosystems against losses that result

11 from clearcutting and other forms of even-age logging.

12 (b) FINDINGS.—Congress finds the following:

13 (1) Federal agencies of the United States that

14 engage in even-age logging practices include the

15 Forest Service of the Department of Agriculture, the

16 United States Fish and Wildlife Service, Bureau of

17 Land Management, and Bureau of Indian Affairs of
3

•HR 1164 SC2

1 the Department of the Interior, and the Army,

2 Navy, and Air Force of the Department of Defense.

3 (2) Even-age logging causes a substantial re4 duction in native biodiversity by emphasizing the

5 production of a limited number of commercial spe6 cies of trees on each site, generally only one; by ma7 nipulating the vegetation toward greater relative

8 density of such commercial species, by suppressing

9 competing species, and by planting, on numerous

10 sites, a commercial strain that was developed to re11 duce the relative diversity of genetic strains that

12 previously occurred within the species on the same

13 sites.

14 (3) Even-age logging kills immobile species and

15 the very young of mobile species of wildlife and de16 pletes the habitat of deep-forest species of animals,

17 including endangered species.

18 (4) Even-age logging exposes the soil to direct

19 sunlight, impact of rains, disruption of surface, and

20 compaction of organic layers, and disrupts the run21 off restraining capabilities of roots and low-lying

22 vegetation, resulting in soil erosion, leaching out of

23 nutrients, reduction in biological content of the soil,

24 and impoverishment of the soil, with long-range dele-
4

•HR 1164 SC2

1 terious effect on all land resources, even timber

2 production.

3 (5) Even-age logging decreases the capability of

4 the soil to retain carbon and, during the critical pe5 riods of felling and site preparation, reduces the ca6 pacity of the biomass to process and to store carbon,

7 with a result of loss of such carbon to the atmos8 phere, thereby aggravating global warming.

9 (6) Even-age logging renders the soil increas10 ingly sensitive to acid deposition by causing decline

11 of soil wood and coarse woody debris, reducing site

12 capacity for retention of water and nutrients, in13 creasing soil heat, and impairing the maintenance of

14 protective carbon compounds on the soil surface.

15 (7) Even-age logging results in increased

16 stream sedimentation, siltation of stream bottoms,

17 decline in water quality, impairment of life cycles

18 and spawning processes of aquatic life from benthic

19 organisms to large fish, thereby depleting the sports

20 and commercial fisheries of the United States.

21 (8) Even-age logging results in lessening resist22 ance in the plant community, including the commer23 cial tree crop, to insects and diseases, under the eco24 logical principle that as the relative density of a spe25 cies in a given area approaches totality the popu-
5

•HR 1164 SC2

1 lation of that species in that area becomes increas2 ingly susceptible to insects and diseases.

3 (9) Even-age logging increases harmful edge ef4 fects, including blowdowns, invasions by weed spe5 cies, and heavier losses to predators and competi6 tors, from raccoons and hawks to ratsnakes and

7 cowbirds.

8 (10) Even-age logging decreases recreational di9 versity, reducing deep, canopied, variegated, perma10 nent forests, where the public can fulfill an expand11 ing need for recreation. Even-age logging replaces

12 such forests with a surplus of clearings that grow

13 into relatively impenetrable thickets of saplings, and

14 then into monotonous plantations.

15 (11) Human beings depend on native biological

16 resources, including plants, animals, and micro-orga17 nisms, for food, medicine, shelter, and other impor18 tant products, and as a source of intellectual and

19 scientific knowledge, recreation, and aesthetic pleas20 ure.

21 (12) Reduction in native biodiversity has seri22 ous consequences for human welfare as America

23 irretrievably loses resources for research and agricul24 tural, medicinal, and industrial development.
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•HR 1164 SC2

1 (13) Reduction of biological diversity in Federal

2 forests adversely affects the functions of ecosystems

3 and critical ecosystem processes that moderate cli4 mate, govern nutrient cycles and soil conservation

5 and production, control pests and diseases, and

6 degrade wastes and pollutants.

7 (14) The harm of even-age logging to the natu8 ral resources of this Nation and the quality of life

9 of its people are substantial, severe, and avoidable.

10 (15) By substituting selection management and

11 native biodiversity protection, as prescribed in this

12 Act, for the even-age system, the Federal agencies

13 now engaged in even-age logging would substantially

14 reduce or eliminate devastation to the environment,

15 would maintain vital native ecosystems in Federal

16 forests, and would improve the quality of life of the

17 American people.

18 (16) Selection logging is more job intensive,

19 therefore providing more employment than even-age

20 cutting for managing the same amount of timber

21 production, and produces higher quality sawlogs.

22 (17) The court remedies now available for citi23 zens to utilize in the enforcement of Federal forest

24 laws are inadequate, and should be strengthened by

25 providing for actions by citizens for injunctions, de-
7

•HR 1164 SC2

1 claratory judgments, civil penalties, and reasonable

2 costs of suit.

3 SEC. 3. AMENDMENT OF RANGELAND AND RENEWABLE RE4 SOURCES PLANNING ACT OF 1974 RELATING

5 TO NATIONAL FOREST SYSTEM LANDS.

6 (a) CONSERVATION OF NATIVE BIODIVERSITY.—Sec7 tion 6(g)(3)(B) of the Forest and Rangeland Renewable

8 Resources Planning Act of 1974 (16 U.S.C.

9 1604(g)(3)(B)) is amended to read as follows:

10 ‘‘(B) in each stand that is managed or op11 erated for timber purposes, throughout each

12 forested area, provide for the conservation or

13 restoration of native biodiversity except during

14 the extraction stage of authorized mineral de15 velopment or during authorized construction

16 projects, in which events the Secretary shall

17 conserve native biodiversity to the extent pos18 sible;’’.

19 (b) COMMITTEE OF SCIENTISTS.—Section 6(h)(1) of

20 the Forest and Rangeland Renewable Resources Planning

21 Act of 1974 (16 U.S.C. 1604(h)(1)) is amended to read

22 as follows:

23 ‘‘(h) COMMITTEE OF SCIENTISTS.—(1) In carrying

24 out the purposes of subsection (g) of this section, the Sec25 retary shall appoint a committee of scientists who are not
8

•HR 1164 SC2

1 officers or employees of the Forest Service nor of any

2 other public entity, nor of any entity engaged in whole

3 or in part in the production of wood or wood products,

4 and have not contracted with or represented any of such

5 entities within a period of 5 years prior to serving on such

6 committee. The committee shall provide scientific and

7 technical advice and counsel on proposed guidelines and

8 procedures to assure that an effective interdisciplinary ap9 proach is proposed and adopted. The committee shall ter10 minate after the expiration of 10 years from the date of

11 enactment of this paragraph.’’.

12 (c) RESTRICTION ON USE OF CERTAIN LOGGING

13 PRACTICES.—Section 6 of the Forest and Rangeland Re14 newable Resources Planning Act of 1974 (16 U.S.C.

15 1604) is amended by adding at the end the following:

16 ‘‘(n) RESTRICTION ON USE OF CERTAIN LOGGING

17 PRACTICES.—(1) In each stand that is managed or oper18 ated for timber purposes throughout each forested area,

19 the guidelines under subsection (g)(3)(F) shall prohibit

20 any even-age logging and any even-age management after

21 one year after the date of enactment of this subsection.

22 ‘‘(2) On each site already under even-age manage23 ment, the Secretary shall (A) prescribe a shift to selection

24 management within one year, or (B) cease managing for

25 timber purposes and actively restore the native
9

•HR 1164 SC2

1 biodiversity, or permit each site to regain its native

2 biodiversity.

3 ‘‘(3) For the purposes of this subsection:

4 ‘‘(A) The term ‘native biodiversity’ means the

5 full range of variety and variability within and

6 among living organisms and the ecological complexes

7 in which they would have occurred in the absence of

8 significant human impact, and encompasses diver9 sity, within a species (genetic), within a community

10 of species (within-community), between communities

11 of species (between-communities), within a total area

12 such as a watershed (total area), along a plane from

13 ground to sky (vertical), and along the plane of the

14 earth-surface (horizontal). Vertical and horizontal

15 diversity apply to all the other aspects of diversity.

16 ‘‘(B) The terms ‘conserve’ and ‘conservation’

17 refer to protective measures for maintaining existing

18 native biological diversity and active measures for

19 restoring diversity through management efforts, in

20 order to protect, restore, and enhance as much of

21 the variety of species and communities as possible in

22 abundances and distributions that provide for their

23 continued existence and normal functioning, includ24 ing the viability of populations throughout their

25 natural geographic distributions.
10

•HR 1164 SC2

1 ‘‘(C) The term ‘within-community diversity’

2 means the distinctive assemblages of species and ec3 ological processes that occur in different physical

4 settings of the biosphere and distinct parts of the

5 world.

6 ‘‘(D) The term ‘genetic diversity’ means the dif7 ferences in genetic composition within and among

8 populations of a given species.

9 ‘‘(E) The term ‘species diversity’ means the

10 richness and variety of native species in a particular

11 location of the world.

12 ‘‘(F) The term ‘group selection’ means a form

13 of selection management that emphasizes the peri14 odic removal of trees, including mature, undesirable,

15 and cull trees in small groups, where they occur that

16 way, with a result of (i) creating openings not to ex17 ceed in width in any direction the height of the tall18 est tree standing within 10 feet of the edge of the

19 group cut, and (ii) maintaining different age groups

20 in a given stand. In no event will more than 30 per21 cent of a stand be felled within 30 years.

22 ‘‘(G) The term ‘stand’ means a forest commu23 nity with enough identity by location, topography, or

24 dominant species to be managed as a unit, not to ex25 ceed 100 acres.
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•HR 1164 SC2

1 ‘‘(H) The term ‘clearcutting’ means the logging

2 of the commercial trees in a patch or stand in a

3 short period of time.

4 ‘‘(I) The term ‘even-age management’ means

5 the growing of commercial timber so that all trees

6 in a patch or stand are generally within 10 years of

7 the same age. Except for designated leave trees, or

8 clumps of trees, the patch or stand is logged, com9 pletely in any acre within a period of 30 years, by

10 clearcutting, salvage logging, seed-tree cutting or

11 shelterwood cutting, or any system other than selec12 tion management.

13 ‘‘(J) The term ‘salvage logging’ means the fell14 ing or further damaging, within any 30-year period,

15 of a greater basal area than 30 square feet per acre

16 of dead, damaged, or other trees, or any combination

17 of such trees.

18 ‘‘(K) The term ‘seed-tree cut’ means a logging

19 operation that leaves one or more seed trees, gen20 erally 6 to 10 per acre.

21 ‘‘(L) The term ‘selection management’ means

22 the application of logging and other actions needed

23 to maintain continuous high forest cover where such

24 cover naturally occurs, recurring natural regenera25 tion of all native species on the site, and the orderly
12

•HR 1164 SC2

1 growth and development of trees through a range of

2 diameter or age classes to provide a sustained yield

3 of forest products. Cutting methods that develop and

4 maintain selection stands are individual-tree and

5 group selection. A goal of selection is improvement

6 of quality by continuously harvesting trees less likely

7 to contribute to the long-range health of the stand.

8 ‘‘(M) The term ‘shelterwood cut’ means an

9 even-aged silvicultural regeneration method under

10 which a minority of the mature stand is retained as

11 a seed source or protection during the regeneration

12 period. The standing mature trees, usually 10 to 20

13 per acre, are later removed in one or more cuttings.

14 ‘‘(N) The term ‘timber purposes’ shall include

15 the use, sale, lease, or distribution of trees, or the

16 felling of trees or portions of trees except to create

17 land space for a structure or other use.

18 ‘‘(4)(A)(i) The purpose of this paragraph is to foster

19 the widest possible enforcement of subsection (g)(3)(B)

20 and this subsection.

21 ‘‘(ii) Congress finds that all people of the United

22 States are injured by actions on lands to which subsection

23 (g)(3)(B) and this subsection apply.

24 ‘‘(B) The provisions of subsection (g)(3)(B) and this

25 subsection shall be enforced by the Secretary of Agri-
13

•HR 1164 SC2

1 culture and the Attorney General of the United States

2 against any person who violates either of them.

3 ‘‘(C)(i) Any citizen may enforce any provision of sub4 section (g)(3)(B) and this subsection by bringing an action

5 for declaratory judgment, temporary restraining order, in6 junction, civil penalty, and other remedies against any al7 leged violator including the United States, in any district

8 court of the United States.

9 ‘‘(ii) The court, after determining a violation of either

10 of such subsections, shall impose a penalty of not less than

11 $5,000 and not more than $50,000 per violation, shall

12 issue one or more injunctions and other equitable relief

13 and shall award to the plaintiffs reasonable costs of litiga14 tion including attorney’s fees, witness fees and other nec15 essary expenses.

16 ‘‘(D) The penalty authorized by subparagraph (C)(ii)

17 shall be paid by the violator or violators designated by the

18 court. If that violator is the United States of America or

19 a Federal agency or officer, the penalty shall be paid to

20 the Judgment Fund, as provided by Congress under sec21 tion 1304 of title 31, United States Code.

22 ‘‘(E) The penalty shall be paid from the Judgment

23 Fund within 40 days after judgment to the person or per24 sons designated to receive it, to be applied in protecting

25 or restoring native biodiversity in or adjoining Federal
14

•HR 1164 SC2

1 land. Any award of costs of litigation and any award of

2 attorney fees shall be paid within 40 days after judgment.

3 ‘‘(F) The United States, including its agents and em4 ployees waives its sovereign immunity in all respects in

5 all actions under subsection (g)(3)(B) and this subsection.

6 No notice is required to enforce this subsection.

7 ‘‘(5) No roads shall be constructed or reconstructed

8 in any roadless area, as defined in the second United

9 States Department of Agriculture Forest Service Roadless

10 Area Review and Evaluation (RARE II, 1978) or in a land

11 and resource management plan prepared pursuant to this

12 section.

13 (d) CONFORMING AMENDMENT.—Section 6(g)(2)(F)

14 of the Forest and Rangeland Renewable Resource Plan15 ning Act of 1974 (16 U.S.C. 1604(g)(2)(F)) is amended

16 by inserting ‘‘in accordance with subsection (g) and’’ after

17 ‘‘National Forest System lands.’’.

18 SEC. 4. AMENDMENT OF FEDERAL LAND POLICY AND MAN19 AGEMENT ACT OF 1976 RELATING TO THE

20 PUBLIC LANDS.

21 (a) CONSERVATION OF NATIVE BIODIVERSITY.—Sec22 tion 202(c) of the Federal Land Policy and Management

23 Act of 1976 (43 U.S.C. 1712(c)) is amended—

24 (1) by redesignating paragraphs (8) and (9) as

25 paragraphs (9) and (10), respectively; and
15

•HR 1164 SC2

1 (2) by inserting after paragraph (7) the follow2 ing new paragraph (8):

3 ‘‘(8) in each stand that is managed or operated

4 for timber purposes throughout each forested area

5 provide for the conservation or restoration of native

6 biodiversity except during the extraction stage of au7 thorized mineral development or during authorized

8 construction projects, in which events the Secretary

9 shall conserve native biodiversity to the extent pos10 sible;’’.

11 (b) RESTRICTION ON USE OF CERTAIN LOGGING

12 PRACTICES.—Section 202 of the Federal Land Policy and

13 Management Act of 1976 (43 U.S.C. 1712) is amended

14 by adding at the end the following:

15 ‘‘(g) RESTRICTION ON USE OF CERTAIN LOGGING

16 PRACTICES.—(1) In each stand that is managed or oper17 ated for timber purposes throughout each forested area,

18 the Secretary under subsection (c)(8) shall prohibit any

19 even-age logging and any even-age management after one

20 year after the date of enactment of this subsection.

21 ‘‘(2) On each site already under even-age manage22 ment, the Secretary shall (A) prescribe a shift to selection

23 management within one year, or (B) cease managing for

24 timber purposes and actively restore the native
16

•HR 1164 SC2

1 biodiversity, or permit each site to regain its native

2 biodiversity.

3 ‘‘(3) For the purposes of this subsection:

4 ‘‘(A) The term ‘native biodiversity’ means the

5 full range of variety and variability within and

6 among living organisms and the ecological complexes

7 in which they would have occurred in the absence of

8 significant human impact, and encompasses diver9 sity, within a species (genetic), within a community

10 of species (within-community), between communities

11 of species (between-communities), within a total area

12 such as a watershed (total area), along a plane from

13 ground to sky (vertical), and along the plane of the

14 earth-surface (horizontal). Vertical and horizontal

15 diversity apply to all the other aspects of diversity.

16 ‘‘(B) The terms ‘conserve’ and ‘conservation’

17 refer to protective measures for maintaining existing

18 native biological diversity and active measures for

19 restoring diversity through management efforts, in

20 order to protect, restore, and enhance as much of

21 the variety of species and communities as possible in

22 abundances and distributions that provide for their

23 continued existence and normal functioning, includ24 ing the viability of populations throughout their

25 natural geographic distributions.
17

•HR 1164 SC2

1 ‘‘(C) The term ‘within-community diversity’

2 means the distinctive assemblages of species and ec3 ological processes that occur in different physical

4 settings of the biosphere and distinct parts of the

5 world.

6 ‘‘(D) The term ‘genetic diversity’ means the dif7 ferences in genetic composition within and among

8 populations of a given species.

9 ‘‘(E) The term ‘species diversity’ means the

10 richness and variety of native species in a particular

11 location of the world.

12 ‘‘(F) The term ‘group selection’ means a form

13 of selection management that emphasizes the peri14 odic removal of trees, including mature, undesirable,

15 and cull trees in small groups, where they occur that

16 way, with a result of (i) creating openings not to ex17 ceed in width in any direction the height of the tall18 est tree standing within 10 feet of the edge of the

19 group cut, and (ii) maintaining different age groups

20 in a given stand. In no event will more than 30 per21 cent of a stand be felled within 30 years.

22 ‘‘(G) The term ‘stand’ means a forest commu23 nity with enough identity by location, topography, or

24 dominant species to be managed as a unit, not to ex25 ceed 100 acres.
18

•HR 1164 SC2

1 ‘‘(H) The term ‘clearcutting’ means the logging

2 of the commercial trees in a patch or stand in a

3 short period of time.

4 ‘‘(I) The term ‘even-age management’ means

5 the growing of commercial timber so that all trees

6 in a patch or stand are generally within 10 years of

7 the same age. Except for designated leave trees, or

8 clumps of trees, the patch or stand is logged, com9 pletely in any acre within a period of 30 years, by

10 clearcutting, salvage logging, seed-tree cutting or

11 shelterwood cutting, or any system other than selec12 tion management.

13 ‘‘(J) The term, ‘salvage logging’ means the fell14 ing or further damaging, within any 30-year period,

15 of a greater basal area than 30 square feet per acre

16 of dead, damaged, or other trees, or any combination

17 of such trees.

18 ‘‘(K) The term ‘seed-tree cut’ means a logging

19 operation that leaves one or more seed trees, gen20 erally 6 to 10 per acre.

21 ‘‘(L) The term ‘selection management’ means

22 the application of logging and other actions needed

23 to maintain continuous high forest cover where such

24 cover naturally occurs, recurring natural regenera25 tion of all native species on the site, and the orderly
19

•HR 1164 SC2

1 growth and development of trees through a range of

2 diameter or age classes to provide a sustained yield

3 of forest products. Cutting methods that develop and

4 maintain selection stands are individual-tree and

5 group selection. A goal of selection is improvement

6 of quality by continuously harvesting trees less likely

7 to contribute to the long-range health of the stand.

8 ‘‘(M) The term ‘shelterwood cut’ means an

9 even-aged silvicultural regeneration method under

10 which a minority of the mature stand is retained as

11 a seed source or protection during the regeneration

12 period. The standing mature trees, usually 10 to 20

13 per acre, are later removed in one or more cuttings.

14 ‘‘(N) The term ‘timber purposes’ shall include

15 the use, sale, lease, or distribution of trees, or the

16 felling of trees or portions of trees except to create

17 land space for a structure or other use.

18 ‘‘(4)(A)(i) The purpose of this paragraph is to foster

19 the widest possible enforcement of subsection (c)(8) and

20 this subsection.

21 ‘‘(ii) Congress finds that all people of the United

22 States are injured by actions on lands to which subsection

23 (c)(8) and this subsection apply.

24 ‘‘(B) The provisions of subsection (c)(8) and this sub25 section shall be enforced by the Secretary of the Interior
20

•HR 1164 SC2

1 and the Attorney General of the United States against any

2 person who violates either of them.

3 ‘‘(C)(i) Any citizen may enforce any provision of sub4 section (c)(8) and this subsection by bringing an action

5 for declaratory judgment, temporary restraining order, in6 junction, civil penalty, and other remedies against any al7 leged violator including the United States, in any district

8 court of the United States.

9 ‘‘(ii) The court, after determining a violation of either

10 of such subsections, shall impose a penalty of not less than

11 $5,000 and not more than $50,000 per violation, shall

12 issue one or more injunctions and other equitable relief

13 and shall award to the plaintiffs reasonable costs of litiga14 tion including attorney’s fees, witness fees and other

15 necessary expenses.

16 ‘‘(D) The penalty authorized by subparagraph (C) (ii)

17 shall be paid by the violator or violators designated by the

18 court. If that violator is the United States of America or

19 a Federal agency or officer, the penalty shall be paid to

20 the Judgment Fund, as provided by Congress under

21 section 1304 of title 31, United States Code.

22 ‘‘(E) The penalty shall be paid from the Judgment

23 Fund within 40 days after judgment to the person or per24 sons designated to receive it, to be applied in protecting

25 or restoring native biodiversity in or adjoining Federal
21

•HR 1164 SC2

1 land. Any award of costs of litigation and any award of

2 attorney fees shall be paid within 40 days after judgment.

3 ‘‘(F) The United States, including its agents and em4 ployees waives its sovereign immunity in all respects in

5 all actions under subsection (c)(8) and this subsection. No

6 notice is required to enforce this subsection.

7 ‘‘(5) No roads shall be constructed or reconstructed

8 in any Bureau of Land Management roadless areas

9 inventoried pursuant to this Act.’’.

10 (c) REPEAL.—Subsection (b) of section 701 of the

11 Federal Land Policy and Management Act of 1976 (43

12 U.S.C. 1701 note) is hereby repealed.

13 SEC. 5. AMENDMENT OF NATIONAL WILDLIFE REFUGE SYS14 TEM ADMINISTRATION ACT OF 1966 RELAT15 ING TO THE NATIONAL WILDLIFE REFUGE

16 SYSTEM.

17 Section 4 of the National Wildlife Refuge System Ad18 ministration Act of 1966 (16 U.S.C. 668dd) is amended

19 by adding at the end the following:

20 ‘‘(j) CONSERVATION OF NATIVE BIODIVERSITY.—In

21 each stand that is managed or operated for timber pur22 poses throughout each forested area within the System,

23 the Secretary shall provide for the conservation or restora24 tion of native biodiversity, except during the extraction

25 stage of authorized mineral development or during author-
22

•HR 1164 SC2

1 ized construction projects, in which events the Secretary

2 shall conserve native biodiversity to the extent possible.

3 ‘‘(k) RESTRICTION ON USE OF CERTAIN LOGGING

4 PRACTICES.—(1) In each stand that is managed or oper5 ated for timber purposes throughout each forested area

6 within the System, the Secretary under subsection (j) shall

7 prohibit any even-age logging and any even-age manage8 ment after one year after the date of enactment of this

9 subsection.

10 ‘‘(2) On each site already under even-age manage11 ment, the Secretary shall (A) prescribe a shift to selection

12 management within one year, or (B) cease managing for

13 timber purposes and actively restore the native

14 biodiversity, or permit each site to regain its native

15 biodiversity.

16 ‘‘(3) For the purposes of this subsection:

17 ‘‘(A) The term ‘native biodiversity’ means the

18 full range of variety and variability within and

19 among living organisms and the ecological complexes

20 in which they would have occurred in the absence of

21 significant human impact, and encompasses diver22 sity, within a species (genetic), within a community

23 of species (within-community), between communities

24 of species (between-communities), within a total area

25 such as a watershed (total area), along a plane from
23

•HR 1164 SC2

1 ground to sky (vertical), and along the plane of the

2 earth-surface (horizontal). Vertical and horizontal

3 diversity apply to all the other aspects of diversity.

4 ‘‘(B) The terms ‘conserve’ and ‘conservation’

5 refer to protective measures for maintaining existing

6 native biological diversity and active measures for

7 restoring diversity through management efforts, in

8 order to protect, restore, and enhance as much of

9 the variety of species and communities as possible in

10 abundances and distributions that provide for their

11 continued existence and normal functioning, includ12 ing the viability of populations throughout their

13 natural geographic distributions.

14 ‘‘(C) The term ‘within-community diversity’

15 means the distinctive assemblages of species and ec16 ological processes that occur in different physical

17 settings of the biosphere and distinct parts of the

18 world.

19 ‘‘(D) The term ‘genetic diversity’ means the dif20 ferences in genetic composition within and among

21 populations of a given species.

22 ‘‘(E) The term ‘species diversity’ means the

23 richness and variety of native species in a particular

24 location of the world.
24

•HR 1164 SC2

1 ‘‘(F) The term ‘group selection’ means a form

2 of selection management that emphasizes the peri3 odic removal of trees, including mature, undesirable,

4 and cull trees in small groups, where they occur that

5 way, with a result of (i) creating openings not to ex6 ceed in width in any direction the height of the tall7 est tree standing within 10 feet of the edge of the

8 group cut, and (ii) maintaining different age groups

9 in a given stand. In no event will more than 30 per10 cent of a stand be felled within thirty years.

11 ‘‘(G) The term ‘stand’ means a forest commu12 nity with enough identity by location, topography, or

13 dominant species to be managed as a unit, not to ex14 ceed 100 acres.

15 ‘‘(H) The term ‘clearcutting’ means the logging

16 of the commercial trees in a patch or stand in a

17 short period of time.

18 ‘‘(I) The term ‘even-age management’ means

19 the growing of commercial timber so that all trees

20 in a patch or stand are generally within 10 years of

21 the same age. Except for designated leave trees, or

22 clumps of trees, the patch or stand is logged, com23 pletely in any acre within a period of 30 years, by

24 clearcutting, salvage logging, seed-tree cutting or
25

•HR 1164 SC2

1 shelterwood cutting, or any system other than selec2 tion management.

3 ‘‘(J) The term, ‘salvage logging’ means the fell4 ing or further damaging, within a 30-year period, of

5 a greater basal area than 30 square feet per acre of

6 dead, damaged, or other trees, or any combination

7 of such trees.

8 ‘‘(K) The term ‘seed-tree cut’ means a logging

9 operation that leaves one or more seed trees, gen10 erally 6 to 10 per acre.

11 ‘‘(L) The term ‘selection management’ means

12 the application of logging and other actions needed

13 to maintain continuous high forest cover where such

14 cover naturally occurs, recurring natural regenera15 tion of all native species on the site, and the orderly

16 growth and development of trees through a range of

17 diameter or age classes to provide a sustained yield

18 of forest products. Cutting methods that develop and

19 maintain selection stands are individual-tree and

20 group selection. A goal of selection is improvement

21 of quality by continuously harvesting trees less likely

22 to contribute to the long-range health of the stand.

23 ‘‘(M) The term ‘shelterwood cut’ means an

24 even-aged silvicultural regeneration method under

25 which a minority of the mature stand is retained as
26

•HR 1164 SC2

1 a seed source or protection during the regeneration

2 period. The standing mature trees, usually 10 to 20

3 per acre, are later removed in one or more cuttings.

4 ‘‘(N) The term ‘timber purposes’ shall include

5 the use, sale, lease, or distribution of trees, or the

6 felling of trees or portions of trees except to create

7 land space for a structure or other use.

8 ‘‘(4)(A)(i) The purpose of this paragraph is to foster

9 the widest possible enforcement of subsection (j) and this

10 subsection.

11 ‘‘(ii) Congress finds that all people of the United

12 States are injured by actions on lands to which subsection

13 (j) and this subsection apply.

14 ‘‘(B) The provisions of subsection (j) and this sub15 section shall be enforced by the Secretary of the Interior

16 and the Attorney General of the United States against any

17 person who violates either of them.

18 ‘‘(C)(i) Any citizen may enforce any provision of this

19 subsection by bringing an action for declaratory judgment,

20 temporary restraining order, injunction, civil penalty, and

21 other remedies against any alleged violator including the

22 United States, in any district court of the United States.

23 ‘‘(ii) The court, after determining a violation of either

24 of such subsections, shall impose a penalty of not less than

25 $5,000 and not more than $50,000 per violation, shall
27

•HR 1164 SC2

1 issue one or more injunctions and other equitable relief

2 and shall award to the plaintiffs reasonable costs of litiga3 tion including attorney’s fees, witness fees and other nec4 essary expenses.

5 ‘‘(D) The penalty authorized by subparagraph (C)(ii)

6 shall be paid by the violator or violators designed by the

7 court. If that violator is the United States of America or

8 a Federal agency or officer, the penalty shall be paid to

9 the Judgment Fund, as provided by Congress under sec10 tion 1304 of title 31, United States Code.

11 ‘‘(E) The penalty should be paid from the Judgment

12 Fund within 40 days after judgment to the person or per13 sons designated to receive it, to be applied in protecting

14 or restoring native biodiversity in or adjoining Federal

15 land. Any award of costs of litigation and any award of

16 attorney fees shall be paid within 40 days after judgment.

17 ‘‘(F) The United States, including its agents and em18 ployees waives its sovereign immunity in all respects in

19 all actions under subsection (j) and this subsection. No

20 notice is required to enforce this subsection.’’.
28

•HR 1164 SC2

1 SEC. 6. AMENDMENT OF NATIONAL INDIAN FOREST RE2 SOURCES MANAGEMENT ACT RELATING TO

3 INDIAN LANDS.

4 Section 305 of the National Indian Forest Resources

5 Management Act (25 U.S.C. 4535) is amended by adding

6 at the end the following new subsections:

7 ‘‘(c) CONSERVATION OF NATIVE BIODIVERSITY.—In

8 each stand that is managed or operated for timber pur9 poses in each forested area on Indian lands, the Secretary

10 shall provide for the conservation or restoration of native

11 biodiversity in each stand that is managed or operated for

12 timber purposes in each forested area on Indian lands ex13 cept during the extraction stage of authorized mineral de14 velopment or during authorized construction projects in

15 which events the Secretary shall conserve native

16 biodiversity to the extent possible.

17 ‘‘(d) RESTRICTION ON USE OF CERTAIN LOGGING

18 PRACTICES.—(1) In each stand that is managed or oper19 ated for timber purposes throughout each forested area

20 on Indian forest lands, the Secretary under subsection (c)

21 shall prohibit any even-age logging and any even-age man22 agement after one year after the date of enactment of this

23 subsection.

24 ‘‘(2) On each site already under even-age manage25 ment, the Secretary shall (A) prescribe a shift to selection

26 management within one year, or (B) cease managing for
29

•HR 1164 SC2

1 timber purposes and actively restore the native

2 biodiversity, or permit each site to regain its native

3 biodiversity.

4 ‘‘(3) For the purposes of this section:

5 ‘‘(A) The term ‘native biodiversity’ means the

6 full range of variety and variability within and

7 among living organisms and the ecological complexes

8 in which they would have occurred in the absence of

9 significant human impact, and encompasses diver10 sity, within a species (genetic), within a community

11 of species (within-community), between communities

12 of species (between-communities), within a total area

13 such as a watershed (total area), along a plane from

14 ground to sky (vertical), and along the plane of the

15 earth-surface (horizontal). Vertical and horizontal

16 diversity apply to all the other aspects of diversity.

17 ‘‘(B) The terms ‘conserve’ and ‘conservation’

18 refer to protective measures for maintaining existing

19 native biological diversity and active measures for

20 restoring diversity through management efforts, in

21 order to protect, restore, and enhance as much of

22 the variety of species and communities as possible in

23 abundances and distributions that provide for their

24 continued existence and normal functioning, includ-
30

•HR 1164 SC2

1 ing the viability of populations throughout their nat2 ural geographic distributions.

3 ‘‘(C) The term ‘within-community diversity’

4 means the distinctive assemblages of species and ec5 ological processes that occur in different physical

6 settings of the biosphere and distinct parts of the

7 world.

8 ‘‘(D) The term ‘genetic diversity’ means the dif9 ferences in genetic composition within and among

10 populations of a given species.

11 ‘‘(E) The term ‘species diversity’ means the

12 richness and variety of native species in a particular

13 location of the world.

14 ‘‘(F) The term ‘group selection’ means a form

15 of selection management that emphasizes the peri16 odic removal of trees, including mature, undesirable,

17 and cull trees in small groups, where they occur that

18 way, with a result of (i) creating openings not to ex19 ceed in width in any direction the height of the tall20 est tree standing within 10 feet of the edge of the

21 group cut, and (ii) maintaining different age groups

22 in a given stand. In no event will more than 30 per23 cent of a stand be felled within 30 years.

24 ‘‘(G) The term ‘stand’ means a forest commu25 nity with enough identity by location, topography, or
31

•HR 1164 SC2

1 dominant species to be managed as a unit, not to ex2 ceed 100 acres.

3 ‘‘(H) The term ‘clearcutting’ means the logging

4 of the commercial trees in a patch or stand in a

5 short period of time.

6 ‘‘(I) The term ‘even-age management’ means

7 the growing of commercial timber so that all trees

8 in a patch or stand are generally within 10 years of

9 the same age. Except for designated leave trees, or

10 clumps of trees, the patch or stand is logged, com11 pletely in any acre within a period of 30 years, by

12 clearcutting, salvage logging, seed-tree cutting or

13 shelterwood cutting, or any system other than selec14 tion management.

15 ‘‘(J) The term, ‘salvage logging’ means the fell16 ing or further damaging, within any 30-year period,

17 of a greater basal area than 30 square feet per acre

18 of dead, damaged, or other trees, or any combination

19 of such trees.

20 ‘‘(K) The term ‘seed-tree cut’ means a logging

21 operation that leaves one or more seed trees, gen22 erally 6 to 10 per acre.

23 ‘‘(L) The term ‘selection management’ means

24 the application of logging and other actions needed

25 to maintain continuous high forest cover where such
32

•HR 1164 SC2

1 cover naturally occurs, recurring natural regenera2 tion of all native species on the site, and the orderly

3 growth and development of trees through a range of

4 diameter or age classes to provide a sustained yield

5 of forest products. Cutting methods that develop and

6 maintain selection stands are individual-tree and

7 group selection. A goal of selection is improvement

8 of quality by continuously harvesting trees less likely

9 to contribute to the long-range health of the stand.

10 ‘‘(M) The term ‘shelterwood cut’ means an

11 even-aged silvicultural regeneration method under

12 which a minority of the mature stand is retained as

13 a seed source or protection during the regeneration

14 period. The standing mature trees, usually 10 to 20

15 per acre, are later removed in one or more cuttings.

16 ‘‘(N) The term ‘timber purposes’ shall include

17 the use, sale, lease, or distribution of trees, or the

18 felling of trees or portions of trees except to create

19 land space for a structure or other use.

20 ‘‘(4)(A)(i) The purpose of this paragraph is to foster

21 the widest possible enforcement of subsection (c) and this

22 subsection.

23 ‘‘(ii) Congress finds that all people of the United

24 States are injured by actions on lands to which subsection

25 (c) and this subsection apply.
33

•HR 1164 SC2

1 ‘‘(B) The provisions of subsection (c) and this sub2 section shall be enforced by the Secretary of the Interior

3 and the Attorney General of the United States against any

4 person who violates either of them.

5 ‘‘(C)(i) Any citizen may enforce any provision of sub6 section (c) and this subsection by bringing an action for

7 declaratory judgment, temporary restraining order, in8 junction, civil penalty, and other remedies against any al9 leged violator including the United States, in any district

10 court of the United States.

11 ‘‘(ii) The court, after determining a violation of either

12 of such subsections shall impose a penalty of not less than

13 $5,000 and not more than $50,000 per violation, shall

14 issue one or more injunctions and other equitable relief

15 and shall award to the plaintiffs reasonable costs of litiga16 tion including attorney’s fees, witness fees and other nec17 essary expenses.

18 ‘‘(D) The penalty authorized by subparagraph (C)(ii)

19 shall be paid by the violator or violators designated by the

20 court. If that violator is the United States of America or

21 a Federal agency or officer, the penalty shall be paid to

22 the Judgment Fund, as provided by Congress under sec23 tion 1304 of title 31, United States Code.

24 ‘‘(E) The penalty should be paid from the Judgment

25 Fund within 40 days after judgment to the person or per-
34

•HR 1164 SC2

1 sons designated to receive it, to be applied in protecting

2 or restoring native biodiversity in or adjoining Federal

3 land. Any award of costs of litigation and any award of

4 attorney fees shall be paid within 40 days after judgment.

5 ‘‘(F) The United States, including its agents and em6 ployees waives its sovereign immunity in all respects in

7 all actions under subsection (c) and this subsection. No

8 notice is required to enforce this subsection.’’.

9 SEC. 7. AMENDMENT OF TITLE 10, UNITED STATES CODE,

10 RELATING TO FOREST MANAGEMENT ON

11 MILITARY LANDS.

12 (a) IN GENERAL.—Chapter 159 of title 10, United

13 States Code, is amended by adding at the end the follow14 ing new section:

15 ‘‘§ 2693. Conservation of native biodiversity

16 ‘‘(a) CONSERVATION OF NATIVE BIODIVERSITY.—In

17 each stand that is operated for timber purposes through18 out each forested area on a military installation or projects

19 administered by the Army Corps of Engineers, the Sec20 retary concerned shall provide for the conservation or res21 toration of native biodiversity, except during authorized

22 construction projects in which events the Secretary shall

23 conserve native biodiversity to the extent possible.

24 ‘‘(b) RESTRICTION ON USE OF CERTAIN LOGGING

25 PRACTICES.—(1) In each stand that is managed or oper-
35

•HR 1164 SC2

1 ated for timber purposes throughout each forested area

2 on a military installation or reservation and on a project

3 administered by the Army Corps of Engineers, the Sec4 retary under subsection (a) shall prohibit any even-age

5 logging and any even-age management after one year after

6 the date of enactment of this subsection.

7 ‘‘(2) On each site already under even-age manage8 ment, the Secretary shall (A) prescribe a shift to selection

9 management within one year, or (B) cease managing for

10 timber purposes and actively restore the native

11 biodiversity, or permit each site to regain its native

12 biodiversity.

13 ‘‘(3) In this section:

14 ‘‘(A) The term ‘native biodiversity’ means the

15 full range of variety and variability within and

16 among living organisms and the ecological complexes

17 in which they would have occurred in the absence of

18 significant human impact, and encompasses diver19 sity, within a species (genetic), within a community

20 of species (within-community), between communities

21 of species (between-communities), within a total area

22 such as a watershed (total area), along a plane from

23 ground to sky (vertical), and along the plane of the

24 earth-surface (horizontal). Vertical and horizontal

25 diversity apply to all the other aspects of diversity.
36

•HR 1164 SC2

1 ‘‘(B) The terms ‘conserve’ and ‘conservation’

2 refer to protective measures for maintaining existing

3 native biological diversity and active measures for

4 restoring diversity through management efforts, in

5 order to protect, restore, and enhance as much of

6 the variety of species and communities as possible in

7 abundances and distributions that provide for their

8 continued existence and normal functioning, includ9 ing the viability of populations throughout their nat10 ural geographic distributions.

11 ‘‘(C) The term ‘within-community diversity’

12 means the distinctive assemblages of species and ec13 ological processes that occur in different physical

14 settings of the biosphere and distinct parts of the

15 world.

16 ‘‘(D) The term ‘genetic diversity’ means the dif17 ferences in genetic composition within and among

18 populations of a given species.

19 ‘‘(E) The term ‘species diversity’ means the

20 richness and variety of native species in a particular

21 location of the world.

22 ‘‘(F) The term ‘group selection’ means a form

23 of selection management that emphasizes the peri24 odic removal of trees, including mature, undesirable,

25 and cull trees in small groups, where they occur that
37

•HR 1164 SC2

1 way, with a result of (i) creating openings not to ex2 ceed in width in any direction the height of the tall3 est tree standing within 10 feet of the edge of the

4 group cut, and (ii) maintaining different age groups

5 in a given stand. In no event will more than 30 per6 cent of a stand be felled within 30 years.

7 ‘‘(G) The term ‘stand’ means a forest commu8 nity with enough identity by location, topography, or

9 dominant species to be managed as a unit, not to ex10 ceed 100 acres.

11 ‘‘(H) The term ‘clearcutting’ means the logging

12 of the commercial trees in a patch or stand in a

13 short period of time.

14 ‘‘(I) The term ‘even-age management’ means

15 the growing of commercial timber so that all trees

16 in a patch or stand are generally within 10 years of

17 the same age. Except for designated leave trees, or

18 clumps of trees, the patch or stand is logged com19 pletely in any acre within a period of 30 years, by

20 clearcutting, salvage logging, seed-tree cutting or

21 shelterwood cutting, or any system other than selec22 tion management.

23 ‘‘(J) The term, ‘salvage logging’ means the fell24 ing or further damaging, within any 30-year period,

25 of a greater basal area than 30 square feet per acre
38

•HR 1164 SC2

1 of dead, damaged, or other trees, or any combination

2 of such trees.

3 ‘‘(K) The term ‘seed-tree cut’ means a logging

4 operation that leaves one or more seed trees, gen5 erally 6 to 10 per acre.

6 ‘‘(L) The term ‘selection management’ means

7 the application of logging and other actions needed

8 to maintain continuous high forest cover where such

9 cover naturally occurs, recurring natural regenera10 tion of all native species on the site, and the orderly

11 growth and development of trees through a range of

12 diameter or age classes to provide a sustained yield

13 of forest products. Cutting methods that develop and

14 maintain selection stands are individual-tree and

15 group selection. A goal of selection is improvement

16 of quality by continuously harvesting trees less likely

17 to contribute to the long-range health of the stand.

18 ‘‘(M) The term ‘shelterwood cut’ means an

19 even-aged silvicultural regeneration method under

20 which a minority of the mature stand is retained as

21 a seed source or protection during the regeneration

22 period. The standing mature trees, usually 10 to 20

23 per acre, are later removed in one or more cuttings.

24 ‘‘(N) The term ‘timber purposes’ shall include

25 the use, sale, lease, or distribution of trees, or the
39

•HR 1164 SC2

1 felling of trees or portions of trees except to create

2 land space for a structure or other use.

3 ‘‘(4)(A)(i) The purpose of this paragraph is to foster

4 the widest possible enforcement of this section.

5 ‘‘(ii) Congress finds that all people of the United

6 States are injured by actions on lands to which this section

7 applies.

8 ‘‘(B) The provisions of this section shall be enforced

9 by the Secretary of Defense and the Attorney General of

10 the United States against any person who violates this sec11 tion.

12 ‘‘(C)(i) Any citizen may enforce any provision of this

13 section by bringing an action for declaratory judgment,

14 temporary restraining order, injunction, civil penalty, and

15 other remedies against any alleged violator including the

16 United States, in any district court of the United States.

17 ‘‘(ii) The court, after determining a violation of this

18 section, shall impose a penalty of not less than $5,000 and

19 not more than $50,000 per violation, shall issue one or

20 more injunctions and other equitable relief and shall

21 award to the plaintiffs reasonable costs of litigation in22 cluding attorney’s fees, witness fees and other necessary

23 expenses.

24 ‘‘(D) The penalty authorized by subparagraph (C)(ii)

25 shall be paid by the violator or violators designated by the
40

•HR 1164 SC2

1 court. If that violator is the United States of America or

2 a Federal agency or officer, the penalty shall be paid to

3 the Judgment Fund, as provided by Congress under sec4 tion 1304 of title 31, United States Code.

5 ‘‘(E) The penalty should be paid from the Judgment

6 Fund within 40 days after judgment to the person or per7 sons designated to receive it, to be applied in protecting

8 or restoring native biodiversity in or adjoining Federal

9 land. Any award of costs of litigation and any award of

10 attorney fees shall be paid within 40 days after judgment.

11 ‘‘(F) The United States, including its agents and em12 ployees waives its sovereign immunity in all respects in

13 all actions under this section. No notice is required to en14 force this section.’’.

15 (b) CONFORMING AMENDMENT.—The table of sec16 tions for chapter 159 of title 10, United States Code, is

17 amended by adding at the end the following new item:

‘‘2693. Conservation of native biodiversity.’’.

18 SEC. 8. EFFECTIVE DATE.

19 The amendments made by this Act shall not apply

20 with respect to any contract to sell timber which was

21 awarded on or before the date of enactment of this Act.

Æ

HR 1164 SC——2

HR 1164 SC——3