105TH CONGRESS

1ST SESSION S. 1079

AMENDMENTS
In the House of Representatives, U. S.,

November 12, 1997.

Resolved, That the bill from the Senate (S. 1079) entitled ‘‘An Act to permit the mineral leasing of Indian land located within the Fort Berthold Indian Reservation in any

case in which there is consent from a majority interest in the

parcel of land under consideration for lease.’’, do pass with

the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. LEASES OF ALLOTTED LANDS OF THE FORT

2 BERTHOLD INDIAN RESERVATION.

3 (a) IN GENERAL.—

4 (1) DEFINITIONS.—In this section:

5 (A) INDIAN LAND.—The term ‘‘Indian

6 land’’ means an undivided interest in a single

7 parcel of land that—

8 (i) is located within the Fort Berthold

9 Indian Reservation in North Dakota; and

10 (ii) is held in trust or restricted status

11 by the United States.
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1 (B) INDIVIDUALLY OWNED INDIAN LAND.—

2 The term ‘‘individually owned Indian land’’

3 means Indian land that is owned by 1 or more

4 individuals.

5 (C) SECRETARY.—The term ‘‘Secretary’’

6 means the Secretary of the Interior.

7 (2) EFFECT OF APPROVAL BY SECRETARY OF

8 THE INTERIOR.—

9 (A) IN GENERAL.—The Secretary may ap10 prove any mineral lease or agreement that affects

11 individually owned Indian land, if—

12 (i) the owners of a majority of the un13 divided interest in the Indian land that is

14 the subject of the mineral lease or agreement

15 (including any interest covered by a lease or

16 agreement executed by the Secretary under

17 paragraph (3)) consent to the lease or agree18 ment; and

19 (ii) the Secretary determines that ap20 proving the lease or agreement is in the best

21 interest of the Indian owners of the Indian

22 land.

23 (B) EFFECT OF APPROVAL.—Upon the ap24 proval by the Secretary under subparagraph (A),

25 the lease or agreement shall be binding, to the
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1 same extent as if all of the Indian owners of the

2 Indian land involved had consented to the lease

3 or agreement, upon—

4 (i) all owners of the undivided interest

5 in the Indian land subject to the lease or

6 agreement (including any interest owned by

7 an Indian tribe); and

8 (ii) all other parties to the lease or

9 agreement.

10 (C) DISTRIBUTION OF PROCEEDS.—The

11 proceeds derived from a lease or agreement that

12 is approved by the Secretary under subpara13 graph (A) shall be distributed to all owners of

14 the Indian land that is subject to the lease or

15 agreement in accordance with the interest owned

16 by each such owner.

17 (3) EXECUTION OF LEASE OR AGREEMENT BY

18 SECRETARY.—The Secretary may execute a mineral

19 lease or agreement that affects individually owned In20 dian land on behalf of an Indian owner if—

21 (A) that owner is deceased and the heirs to,

22 or devisees of, the interest of the deceased owner

23 have not been determined; or
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1 (B) the heirs or devisees referred to in sub2 paragraph (A) have been determined, but 1 or

3 more of the heirs or devisees cannot be located.

4 (4) PUBLIC AUCTION OR ADVERTISED SALE NOT

5 REQUIRED.—It shall not be a requirement for the ap6 proval or execution of a lease or agreement under this

7 subsection that the lease or agreement be offered for

8 sale through a public auction or advertised sale.

9 (b) RULE OF CONSTRUCTION.—This Act supersedes the

10 Act of March 3, 1909 (35 Stat. 783, chapter 263; 25 U.S.C.

11 396) only to the extent provided in subsection (a).

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

13 NATIONAL FORESTS TO IMPLEMENT QUINCY

14 LIBRARY GROUP PROPOSAL.

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

16 term ‘‘Quincy Library Group-Community Stability Pro17 posal’’ means the agreement by a coalition of representa18 tives of fisheries, timber, environmental, county govern19 ment, citizen groups, and local communities that formed

20 in northern California to develop a resource management

21 program that promotes ecologic and economic health for cer22 tain Federal lands and communities in the Sierra Nevada

23 area. Such proposal includes the map entitled ‘‘QUINCY

24 LIBRARY GROUP Community Stability Proposal’’, dated
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1 October 12, 1993, and prepared by VESTRA Resources of

2 Redding, California.

3 (b) PILOT PROJECT REQUIRED.—

4 (1) PILOT PROJECT AND PURPOSE.—The Sec5 retary of Agriculture (in this section referred to as the

6 ‘‘Secretary’’), acting through the Forest Service and

7 after completion of an environmental impact state8 ment (a record of decision for which shall be adopted

9 within 300 days), shall conduct a pilot project on the

10 Federal lands described in paragraph (2) to imple11 ment and demonstrate the effectiveness of the resource

12 management activities described in subsection (d) and

13 the other requirements of this section, as recommended

14 in the Quincy Library Group-Community Stability

15 Proposal.

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

17 conduct the pilot project on the Federal lands within

18 Plumas National Forest, Lassen National Forest, and

19 the Sierraville Ranger District of Tahoe National

20 Forest in the State of California designated as

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

22 ‘‘QUINCY LIBRARY GROUP Community Stability

23 Proposal’’, dated October 12, 1993 (in this section re24 ferred to as the ‘‘pilot project area’’). Such map shall
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1 be on file and available for inspection in the appro2 priate offices of the Forest Service.

3 (c) EXCLUSION OF CERTAIN LANDS, RIPARIAN PRO4 TECTION AND COMPLIANCE.—

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

6 and protected activity centers located within the pilot

7 project area designated under subsection (b)(2) will be

8 deferred from resource management activities required

9 under subsection (d) and timber harvesting during

10 the term of the pilot project.

11 (2) RIPARIAN PROTECTION.—

12 (A) IN GENERAL.—The Scientific Analysis

13 Team guidelines for riparian system protection

14 described in subparagraph (B) shall apply to all

15 resource management activities conducted under

16 subsection (d) and all timber harvesting activi17 ties that occur in the pilot project area during

18 the term of the pilot project.

19 (B) GUIDELINES DESCRIBED.—The guide20 lines referred to in subparagraph (A) are those

21 in the document entitled ‘‘Viability Assessments

22 and Management Considerations for Species As23 sociated with Late-Successional and Old-Growth

24 Forests of the Pacific Northwest’’, a Forest Serv25 ice research document dated March 1993 and co-
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1 authored by the Scientific Analysis Team, in2 cluding Dr. Jack Ward Thomas.

3 (C) LIMITATION.—Nothing in this section

4 shall be construed to require the application of

5 the Scientific Analysis Team guidelines to any

6 livestock grazing in the pilot project area during

7 the term of the pilot project, unless the livestock

8 grazing is being conducted in the specific loca9 tion at which the Scientific Analysis Team

10 guidelines are being applied to an activity under

11 subsection (d).

12 (3) COMPLIANCE.—All resource management ac13 tivities required by subsection (d) shall be imple14 mented to the extent consistent with applicable Fed15 eral law and the standards and guidelines for the

16 conservation of the California spotted owl as set forth

17 in the California Spotted Owl Sierran Provence In18 terim Guidelines or the subsequently issued guide19 lines, whichever are in effect.

20 (4) ROADLESS AREA PROTECTION.—The Re21 gional Forester for Region 5 shall direct that any re22 source management activity required by subsection

23 (d)(1) and (2), all road building, all timber harvest24 ing activities, and any riparian management under

25 subsection (d)(4) that utilizes road construction or
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1 timber harvesting shall not be conducted on Federal

2 lands within the Plumas National Forest, Lassen Na3 tional Forest, and the Sierraville Ranger District of

4 the Tahoe National Forest that are designated as ei5 ther ‘‘Off Base’’ or ‘‘Deferred’’ on the map referred to

6 in subsection (a). Such direction shall be effective

7 during the term of the pilot project.

8 (d) RESOURCE MANAGEMENT ACTIVITIES.—During

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

10 and carry out the following resource management activities

11 on an acreage basis on the Federal lands included within

12 the pilot project area designated under subsection (b)(2):

13 (1) FUELBREAK CONSTRUCTION.—Construction

14 of a strategic system of defensible fuel profile zones,

15 including shaded fuelbreaks, utilizing thinning, indi16 vidual tree selection, and other methods of vegetation

17 management consistent with the Quincy Library

18 Group-Community Stability Proposal, on not less

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

20 year.

21 (2) GROUP SELECTION AND INDIVIDUAL TREE

22 SELECTION.—Utilization of group selection and indi23 vidual tree selection uneven-aged forest management

24 prescriptions described in the Quincy Library Group25 Community Stability Proposal to achieve a desired
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1 future condition of all-age, multistory, fire resilient

2 forests as follows:

3 (A) GROUP SELECTION.—Group selection on

4 an average acreage of .57 percent of the pilot

5 project area land each year of the pilot project.

6 (B) INDIVIDUAL TREE SELECTION.—Indi7 vidual tree selection may also be utilized within

8 the pilot project area.

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

10 which resource management activities are imple11 mented under this subsection shall not exceed 70,000

12 acres each year.

13 (4) RIPARIAN MANAGEMENT.—A program of ri14 parian management, including wide protection zones

15 and riparian restoration projects, consistent with ri16 parian protection guidelines in subsection (c)(2)(B).

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

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

19 available, as determined by the Secretary, to implement re20 source management activities described in subsection (d).

21 (f) FUNDING.—

22 (1) SOURCE OF FUNDS.—In conducting the pilot

23 project, the Secretary shall use, subject to the relevant

24 reprogramming guidelines of the House and Senate

25 Committees on Appropriations—
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1 (A) those funds specifically provided to the

2 Forest Service by the Secretary to implement re3 source management activities according to the

4 Quincy Library Group-Community Stability

5 Proposal; and

6 (B) year-end excess funds that are allocated

7 for the administration and management of

8 Plumas National Forest, Lassen National Forest,

9 and the Sierraville Ranger District of Tahoe Na10 tional Forest.

11 (2) PROHIBITION ON USE OF CERTAIN FUNDS.—

12 The Secretary may not conduct the pilot project using

13 funds appropriated for any other unit of the National

14 Forest System.

15 (3) FLEXIBILITY.—Subject to normal reprogram16 ming guidelines, during the term of the pilot project,

17 the forest supervisors of Plumas National Forest,

18 Lassen National Forest, and Tahoe National Forest

19 may allocate and use all accounts that contain year20 end excess funds and all available excess funds for the

21 administration and management of Plumas National

22 Forest, Lassen National Forest, and the Sierraville

23 Ranger District of Tahoe National Forest to perform

24 the resource management activities described in sub25 section (d).
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1 (4) RESTRICTION.—The Secretary or the forest

2 supervisors, as the case may be, shall not utilize au3 thority provided under paragraphs (1)(B) and (3) if,

4 in their judgment, doing so will limit other nontimber

5 related multiple use activities for which such funds

6 were available.

7 (5) OVERHEAD.—The Secretary shall seek to en8 sure that of amounts available to carry out this sec9 tion—

10 (A) not more than 12 percent is used or al11 located for general administration or other over12 head; and

13 (B) at least 88 percent is used to implement

14 and carry out activities required by this section.

15 (6) AUTHORIZED SUPPLEMENTAL FUNDS.—There

16 are authorized to be appropriated to implement and

17 carry out the pilot project such sums as are necessary.

18 (7) BASELINE FUNDS.—Amounts available for

19 resource management activities authorized under sub20 section (d) shall at a minimum include existing base21 line funding levels.

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

23 conduct the pilot project until the earlier of: (1) the date

24 on which the Secretary completes amendment or revision

25 of the land and resource management plans directed under
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1 and in compliance with subsection (i) for the Plumas Na2 tional Forest, Lassen National Forest, and Tahoe National

3 Forest; or (2) five years after the date of the commencement

4 of the pilot project.

5 (h) CONSULTATION.—(1) The statement required by

6 subsection (b)(1) shall be prepared in consultation with in7 terested members of the public, including the Quincy Li8 brary Group.

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

10 availability of appropriations, may carry out any (or all)

11 of the requirements of this section using private contracts.

12 (i) CORRESPONDING FOREST PLAN AMENDMENTS.—

13 Within 2 years after the date of the enactment of this Act,

14 the Regional Forester for Region 5 shall initiate the process

15 to amend or revise the land and resource management plans

16 for Plumas National Forest, Lassen National Forest, and

17 Tahoe National Forest. The process shall include prepara18 tion of at least one alternative that—

19 (1) incorporates the pilot project and area des20 ignations made by subsection (b), the resource man21 agement activities described in subsection (d), and

22 other aspects of the Quincy Library Group-Commu23 nity Stability Proposal; and

24 (2) makes other changes warranted by the analy25 ses conducted in compliance with section 102(2) of the
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1 National Environmental Policy Act of 1969 (42

2 U.S.C. 4332(2)), section 6 of the Forest and Range3 land Renewable Resources Planning Act of 1974 (16

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

5 (j) STATUS REPORTS.—

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

7 each year during the term of the pilot project, the Sec8 retary shall submit to Congress a report on the status

9 of the pilot project. The report shall include at least

10 the following:

11 (A) A complete accounting of the use of

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

13 until such funds are fully expended.

14 (B) A complete accounting of the use of

15 funds and accounts made available under sub16 section (f)(1) for the previous fiscal year, includ17 ing a schedule of the amounts drawn from each

18 account used to perform resource management

19 activities described in subsection (d).

20 (C) A description of total acres treated for

21 each of the resource management activities re22 quired under subsection (d), forest health im23 provements, fire risk reductions, water yield in24 creases, and other natural resources-related bene25 fits achieved by the implementation of the re-
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1 source management activities described in sub2 section (d).

3 (D) A description of the economic benefits to

4 local communities achieved by the implementa5 tion of the pilot project.

6 (E) A comparison of the revenues generated

7 by, and costs incurred in, the implementation of

8 the resource management activities described in

9 subsection (d) on the Federal lands included in

10 the pilot project area with the revenues and costs

11 during each of the fiscal years 1992 through

12 1997 for timber management of such lands before

13 their inclusion in the pilot project.

14 (F) A proposed schedule for the resource

15 management activities to be undertaken in the

16 pilot project area during the 1-year period begin17 ning on the date of submittal of the report.

18 (G) A description of any adverse environ19 mental impacts from the pilot project.

20 (2) LIMITATION ON EXPENDITURES.—The

21 amount of Federal funds expended on each annual re22 port under this subsection shall not exceed $125,000.

23 (k) FINAL REPORT.—

24 (1) IN GENERAL.—The Secretary shall establish

25 an independent scientific panel to review and report
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1 on whether, and to what extent, implementation of the

2 pilot project under this section achieved the goals stat3 ed in the Quincy Library Group-Community Stabil4 ity Proposal, including improved ecological health

5 and community stability. The membership of the

6 panel shall reflect expertise in diverse disciplines in

7 order to adequately address all of those goals.

8 (2) PREPARATION.—The panel shall initiate such

9 review no sooner than 18 months after the first day

10 of the term of the pilot project under subsection (g).

11 The panel shall prepare the report in consultation

12 with interested members of the public, including the

13 Quincy Library Group. The report shall include, but

14 not be limited to, the following:

15 (A) A description of any adverse environ16 mental impacts resulting from implementation

17 of the pilot project.

18 (B) An assessment of watershed monitoring

19 data on lands treated pursuant to this section.

20 Such assessment shall address the following is21 sues on a priority basis: timing of water releases;

22 water quality changes; and water yield changes

23 over the short- and long-term in the pilot project

24 area.
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1 (3) SUBMISSION TO THE CONGRESS.—The panel

2 shall submit the final report to the Congress as soon

3 as practicable, but in no case later than 18 months

4 after completion of the pilot project.

5 (4) LIMITATION ON EXPENDITURES.—The

6 amount of Federal funds expended for the report

7 under this subsection, other than for watershed mon8 itoring, shall not exceed $350,000. The amount of

9 Federal funds expended for watershed monitoring

10 under this subsection shall not exceed $175,000 for

11 each fiscal year in which the report is prepared.

12 (l) RELATIONSHIP TO OTHER LAWS.—Nothing in this

13 section exempts the pilot project from any Federal environ14 mental law.

15 (m) LOANS FOR DEMONSTRATION PROJECTS FOR

16 WOOD WASTE OR LOW-QUALITY WOOD BYPRODUCTS.—

17 (1) EVALUATION OF LOAN ADVISABILITY.—The

18 Alternative Agricultural Research and Commer19 cialization Corporation established under section

20 1658 of the Food, Agriculture, Conservation, and

21 Trade Act of 1990 (7 U.S.C. 5902) (in this section re22 ferred to as the ‘‘Corporation’’) shall evaluate the ad23 visability of making commercialization assistance

24 loans under section 1661 of such Act (7 U.S.C. 5905)

25 to support a minimum of 2 demonstration projects
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1 for the development and demonstration of commercial

2 application of technology to convert wood waste or

3 low-quality wood byproducts into usable, higher value

4 products.

5 (2) LOCATION OF DEMONSTRATION PROJECTS.—

6 If the Corporation determines to make loans under

7 this subsection to support the development and dem8 onstration of commercial application of technology to

9 convert wood waste or low-quality wood byproducts

10 into usable, higher value products, the Corporation

11 shall consider making one loan with regard to a dem12 onstration project to be conducted in the pilot project

13 area and one loan with regard to a demonstration

14 project to be conducted in southeast Alaska.

15 (3) ELIGIBILITY REQUIREMENTS.—To be eligible

16 for a loan under this subsection, a demonstration

17 project shall be required to satisfy the eligibility re18 quirements imposed by the Corporation under section

19 1661 of the Food, Agriculture, Conservation, and

20 Trade Act of 1990 (7 U.S.C. 5905).

Amend the title so as to read: ‘‘A bill to permit the

mineral leasing of Indian land located within the Fort

Berthold Indian Reservation in any case in which there

is consent from a majority interest in the parcel of land

under consideration for lease, to direct the Secretary of

Agriculture to conduct a pilot project on designated na-
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tional forest lands in California to demonstrate the effectiveness of resource management activities proposed by

the Quincy Library Group, and for other purposes.’’.

Attest:

Clerk.