II

105TH CONGRESS

1ST SESSION S. 1028

To direct the Secretary of Agriculture to conduct a pilot project on designated

lands within Plumas, Lassen, and Tahoe National Forests in the State

of California to demonstrate the effectiveness of the resource management activities proposed by the Quincy Library Group and to amend

current land and resource management plans for these national forests

to consider the incorporation of these resource management activities.

IN THE SENATE OF THE UNITED STATES

JULY 17, 1997

Mrs. FEINSTEIN (for herself and Mrs. BOXER) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To direct the Secretary of Agriculture to conduct a pilot

project on designated lands within Plumas, Lassen, and

Tahoe National Forests in the State of California to

demonstrate the effectiveness of the resource management activities proposed by the Quincy Library Group

and to amend current land and resource management

plans for these national forests to consider the incorporation of these resource management activities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1028 IS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Quincy Library Group

3 Forest Recovery and Economic Stability Act of 1997’’.

4 SEC. 2. PILOT PROJECT FOR PLUMAS, LASSEN, AND TAHOE

5 NATIONAL FORESTS TO IMPLEMENT QUINCY

6 LIBRARY GROUP PROPOSAL.

7 (a) DEFINITION.—For purposes of this section, the

8 term ‘‘Quincy Library Group-Community Stability Pro9 posal’’ means the agreement by a coalition of representa10 tives of fisheries, timber, environmental, county govern11 ment, citizen groups, and local communities that formed

12 in northern California to develop a resource management

13 program that promotes ecologic and economic health for

14 certain Federal lands and communities in the Sierra Ne15 vada area. Such proposal includes the map entitled

16 ‘‘QUINCY LIBRARY GROUP Community Stability Pro17 posal’’, dated June 1993, and prepared by VESTRA Re18 sources of Redding, California.

19 (b) PILOT PROJECT REQUIRED.—

20 (1) PILOT PROJECT AND PURPOSE.—The Sec21 retary of Agriculture (in this section referred to as

22 the ‘‘Secretary’’), acting through the Forest Service

23 and after completion of an environmental impact

24 statement (a record of decision for which shall be

25 adopted within 200 days), shall conduct a pilot

26 project on the Federal lands described in paragraph
3

•S 1028 IS

1 (2) to implement and demonstrate the effectiveness

2 of the resource management activities described in

3 subsection (d) and the other requirements of this

4 section, as recommended in the Quincy Library

5 Group-Community Stability Proposal.

6 (2) PILOT PROJECT AREA.—The Secretary shall

7 conduct the pilot project on the Federal lands within

8 Plumas National Forest, Lassen National Forest,

9 and the Sierraville Ranger District of Tahoe Na10 tional Forest in the State of California designated as

11 ‘‘Available for Group Selection’’ on the map entitled

12 ‘‘QUINCY LIBRARY GROUP Community Stability

13 Proposal’’, dated June 1993 (in this section referred

14 to as the ‘‘pilot project area’’). Such map shall be

15 on file and available for inspection in the appro16 priate offices of the Forest Service.

17 (c) EXCLUSION OF CERTAIN LANDS, RIPARIAN PRO18 TECTION AND COMPLIANCE.—

19 (1) EXCLUSION.—All spotted owl habitat areas

20 and protected activity centers located within the

21 pilot project area designated under subsection (b)(2)

22 will be deferred from resource management activities

23 required under subsection (d) and timber harvesting

24 during the term of the pilot project.
4

•S 1028 IS

1 (2) IN GENERAL.—The Regional Forester for

2 region 5 shall direct that during the term of the

3 pilot project any resource management activity re4 quired by subsection (d), all road building, and all

5 timber harvesting activities shall not be conducted

6 on the Federal lands within the Plumas National

7 Forest, Lassen National Forest, and Sierraville

8 Ranger District of the Tahoe National Forest in the

9 State of California that are designated as either

10 ‘‘Off Base’’ or ‘‘Deferred’’ on the map referred to in

11 subsection (a).

12 (3) RIPARIAN PROTECTION.—

13 (A) IN GENERAL.—The Scientific Analysis

14 Team guidelines for riparian system protection

15 described in subparagraph (B) shall apply to all

16 resource management activities conducted

17 under subsection (d) and all timber harvesting

18 activities that occur in the pilot project area

19 during the term of the pilot project.

20 (B) GUIDELINES DESCRIBED.—The guide21 lines referred to in subparagraph (A) are those

22 in the document entitled ‘‘Viability Assessments

23 and Management Considerations for Species

24 Associated with Late-Successional and Old25 Growth Forests of the Pacific Northwest’’, a
5

•S 1028 IS

1 Forest Service research document dated March

2 1993 and co-authored by the Scientific Analysis

3 Team, including Dr. Jack Ward Thomas.

4 (4) COMPLIANCE.—All resource management

5 activities required by subsection (d) shall be imple6 mented to the extent consistent with applicable Fed7 eral law and the standards and guidelines for the

8 conservation of the California spotted owl as set

9 forth in the California Spotted Owl Sierran Provence

10 Interim Guidelines, or the subsequently issued final

11 guidelines whichever is in effect.

12 (d) RESOURCE MANAGEMENT ACTIVITIES.—During

13 the term of the pilot project, the Secretary shall implement

14 and carry out the following resource management activi15 ties on an acreage basis on the Federal lands included

16 within the pilot project area designated under subsection

17 (b)(2):

18 (1) FUELBREAK CONSTRUCTION.—Construction

19 of a strategic system of defensible fuel profile zones,

20 including shaded fuelbreaks, utilizing thinning, indi21 vidual tree selection, and other methods of vegeta22 tion management consistent with the Quincy Library

23 Group-Community Stability Proposal, on not less

24 than 40,000, but not more than 60,000, acres per

25 year.
6

•S 1028 IS

1 (2) GROUP SELECTION AND INDIVIDUAL TREE

2 SELECTION.—Utilization of group selection and indi3 vidual tree selection uneven-aged forest management

4 prescriptions described in the Quincy Library

5 Group-Community Stability Proposal to achieve a

6 desired future condition of all-age, multistory, fire

7 resilient forests as follows:

8 (A) GROUP SELECTION.—Group selection

9 on an average acreage of .57 percent of the

10 pilot project area land each year of the pilot

11 project.

12 (B) INDIVIDUAL TREE SELECTION.—Indi13 vidual tree selection may also be utilized within

14 the pilot project area.

15 (3) TOTAL ACREAGE.—The total acreage on

16 which resource management activities are imple17 mented under this subsection shall not exceed

18 70,000 acres each year.

19 (4) RIPARIAN MANAGEMENT.—A program of ri20 parian management, including wide protection zones

21 and riparian restoration projects, consistent with ri22 parian protection guidelines in subsection (c)(2)(B).

23 (e) COST-EFFECTIVENESS.—In conducting the pilot

24 project, Secretary shall use the most cost-effective means

25 available, as determined by the Secretary, to implement
7

•S 1028 IS

1 resource management activities described in subsection

2 (d).

3 (f) FUNDING.—

4 (1) SOURCE OF FUNDS.—In conducting the

5 pilot project, the Secretary shall use, subject to the

6 relevant reprogramming guidelines of the House and

7 Senate Committees on Appropriations—

8 (A) those funds specifically provided to the

9 Forest Service by the Secretary to implement

10 resource management activities according to the

11 Quincy Library Group-Community Stability

12 Proposal; and

13 (B) excess funds that are allocated for the

14 administration and management of Plumas Na15 tional Forest, Lassen National Forest, and the

16 Sierraville Ranger District of Tahoe National

17 Forest.

18 (2) PROHIBITION ON USE OF CERTAIN

19 FUNDS.—The Secretary may not conduct the pilot

20 project using funds appropriated for any other unit

21 of the National Forest System.

22 (3) FLEXIBILITY.—Subject to normal re23 programming guidelines, during the term of the pilot

24 project, the forest supervisors of Plumas National

25 Forest, Lassen National Forest, and Tahoe National
8

•S 1028 IS

1 Forest may allocate and use all accounts that con2 tain excess funds and all available excess funds for

3 the administration and management of Plumas Na4 tional Forest, Lassen National Forest, and the

5 Sierraville Ranger District of Tahoe National Forest

6 to perform the resource management activities de7 scribed in subsection (d).

8 (4) RESTRICTION.—The Secretary or the forest

9 supervisors, as the case may be, shall not utilize au10 thority provided under paragraphs (1)(B) and (3) if,

11 in their judgment, doing so will limit other nontim12 ber related multiple use activities for which such

13 funds were available.

14 (5) OVERHEAD.—Of amounts available to carry

15 out this section—

16 (A) not more than 12 percent may be used

17 or allocated for general administration or other

18 overhead; and

19 (B) at least 88 percent shall be used to im20 plement and carry out activities required by

21 this section.

22 (6) AUTHORIZED SUPPLEMENTAL FUNDS.—

23 There are authorized to be appropriated to imple24 ment and carry out the pilot project such sums as

25 are necessary.
9

•S 1028 IS

1 (7) BASELINE FUNDS.—Amounts available for

2 resource management activities authorized under

3 subsection (d) shall at a minimum include existing

4 baseline funding levels.

5 (g) TERM OF PILOT PROJECT.—The Secretary shall

6 conduct the pilot project during the period beginning on

7 the date of the enactment of this Act and ending on the

8 later of the following:

9 (1) The date on which the Secretary completes

10 amendment or revision of the land and resource

11 management plans for Plumas National Forest,

12 Lassen National Forest, and Tahoe National Forest

13 pursuant to subsection (i).

14 (2) The date that is five years after the date of

15 the commencement of the pilot project.

16 (h) CONSULTATION.—(1) Each statement required

17 by subsection (b)(1) shall be prepared in consultation with

18 the Quincy Library Group.

19 (2) CONTRACTING.—The Forest Service, subject to

20 the availability of appropriations, may carry out any (or

21 all) of the requirements of this section using private con22 tracts.

23 (i) CORRESPONDING FOREST PLAN AMENDMENTS.—

24 Within 180 days after the date of the enactment of this

25 Act, the Regional Forester for Region 5 shall initiate the
10

•S 1028 IS

1 process to amend or revise the land and resource manage2 ment plans for Plumas National Forest, Lassen National

3 Forest, and Tahoe National Forest. The process shall in4 clude preparation of at least one alternative that—

5 (1) incorporates the pilot project and area des6 ignations made by subsection (b), the resource man7 agement activities described in subsection (d), and

8 other aspects of the Quincy Library Group Commu9 nity Stability Proposal; and

10 (2) makes other changes warranted by the anal11 yses conducted in compliance with section 102(2) of

12 the National Environmental Policy Act of 1969 (42

13 U.S.C. 4332(2)), section 6 of the Forest and Range14 land Renewable Resources Planning Act of 1974 (16

15 U.S.C. 1604), and other applicable laws.

16 (j) REPORTING REQUIREMENTS.—

17 (1) IN GENERAL.—Not later than February 28

18 of each year during the term of the pilot project, the

19 Secretary after consultation with the Quincy Library

20 Group, shall submit to Congress a report on the sta21 tus of the pilot project. The report shall include at

22 least the following:

23 (A) A complete accounting of the use of

24 funds made available under subsection (f)(1)(A)

25 until such funds are fully expended.
11

•S 1028 IS

1 (B) A complete accounting of the use of

2 funds and accounts made available under sub3 section (f)(1) for the previous fiscal year, in4 cluding a schedule of the amounts drawn from

5 each account used to perform resource manage6 ment activities described in subsection (d).

7 (C) A description of total acres treated for

8 each of the resource management activities re9 quired under subsection (d), forest health im10 provements, fire risk reductions, water yield in11 creases, and other natural resources-related

12 benefits achieved by the implementation of the

13 resource management activities described in

14 subsection (d).

15 (D) A description of the economic benefits

16 to local communities achieved by the implemen17 tation of the pilot project.

18 (E) A comparison of the revenues gen19 erated by, and costs incurred in, the implemen20 tation of the resource management activities de21 scribed in subsection (d) on the Federal lands

22 included in the pilot project area with the reve23 nues and costs during each of the fiscal years

24 1992 through 1997 for timber management of
12

•S 1028 IS

1 such lands before their inclusion in the pilot

2 project.

3 (F) A schedule for the resource manage4 ment activities to be undertaken in the pilot

5 project area during the calendar year.

6 (G) A description of any adverse environ7 mental impacts.

8 (2) LIMITATION ON EXPENDITURES.—The

9 amount of Federal funds expended on each annual

10 report under this subsection shall not exceed

11 $50,000.

12 (k) FINAL REPORT.—

13 (1) IN GENERAL.—Beginning after completion

14 of 6 months of the second year of the pilot project,

15 the Secretary shall compile a science-based assess16 ment of, and report on, the effectiveness of the pilot

17 project in meeting the stated goals of this pilot

18 project. Such assessment and report—

19 (A) shall include watershed monitoring of

20 lands treated under this section, that should ad21 dress the following issues on a priority basis:

22 timing of water releases, water quality changes,

23 and water yield changes over the short and long

24 term in the pilot project area;
13

•S 1028 IS

1 (B) shall include an analysis of any ad2 verse environmental impacts;

3 (C) shall be compiled in consultation with

4 the Quincy Library Group; and

5 (D) shall be submitted to the Congress by

6 July 1, 2002.

7 (2) LIMITATIONS ON EXPENDITURES.—The

8 amount of Federal funds expended for the assess9 ment and report under this subsection, other than

10 for watershed monitoring under paragraph (1)(A),

11 shall not exceed $150,000. The amount of Federal

12 funds expended for watershed monitoring under

13 paragraph (1)(A) shall not exceed $75,000 for each

14 of fiscal years 2000, 2001, and 2002.

15 (l) RELATIONSHIP TO OTHER LAWS.—Nothing in

16 this section exempts the pilot project from any Federal

17 environmental law.

Æ