I

106TH CONGRESS

1ST SESSION H. R. 1396

To save taxpayers money, reduce the deficit, cut corporate welfare, and

protect and restore America’s natural heritage by eliminating the fiscally

wasteful and ecologically destructive commercial logging program on Federal public lands and to facilitate the economic recovery and diversification of communities dependent on the Federal logging program.

IN THE HOUSE OF REPRESENTATIVES

APRIL 13, 1999

Ms. MCKINNEY (for herself, Mr. LEACH, Mr. ACKERMAN, Mr. ANDREWS, Mr.

FORBES, Mr. GUTIERREZ, Mr. HASTINGS of Florida, Mr. LEWIS of Georgia, Mr. MCDERMOTT, Mr. PAYNE, Mr. LANTOS, Mr. WEXLER, Mrs.

MEEK of Florida, Mrs. JONES of Ohio, Mr. RUSH, Mr. CLAY, Mr. FILNER, Mr. WAXMAN, Mr. STARK, Mr. LUTHER, Mr. MCGOVERN, Mr.

KLECZKA, Mr. DIXON, Mr. MARKEY, Mr. FRANK of Massachusetts, Mr.

MARTINEZ, Mr. PASCRELL, Mr. BARRETT of Wisconsin, Ms. WOOLSEY,

Mr. OWENS, Ms. LOFGREN, Ms. RIVERS, Mr. BONIOR, Mr. MEEKS of

New York, Ms. LEE, Mr. CONYERS, Mr. LARSON, Mr. KUCINICH, Mr.

JACKSON of Illinois, Ms. DELAURO, Mr. FRANKS of New Jersey, Ms.

WATERS, Mr. FORD, Mr. BROWN of California, Mr. CAPUANO, Mr. HOLT,

Mr. TOWNS, and Ms. BALDWIN) introduced the following bill; which was

referred to the Committee on Agriculture, and in addition to the Committees on Resources, and Education and the Workforce, for a period to be

subsequently determined by the Speaker, in each case for consideration

of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To save taxpayers money, reduce the deficit, cut corporate

welfare, and protect and restore America’s natural heritage by eliminating the fiscally wasteful and ecologically

destructive commercial logging program on Federal pub-
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lic lands and to facilitate the economic recovery and

diversification of communities dependent on the Federal

logging program.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘National Forest Protection and Restoration Act of

6 1999’’.

7 (b) TABLE OF CONTENTS.—The table of contents of

8 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Findings.

Sec. 4. Prohibition on timber sales to protect Federal public lands.

Sec. 5. Effect of prohibition on existing timber sale contracts.

Sec. 6. Authorization of appropriations.

Sec. 7. Natural heritage restoration.

Sec. 8. Worker retraining.

Sec. 9. Allocation of funds.

9 SEC. 2. DEFINITIONS.

10 For purposes of this Act:

11 (1) AGENCIES.—The term ‘‘agencies’’ means

12 the Forest Service, the National Park Service, the

13 Bureau of Land Management, and the United

14 States Fish and Wildlife Service.

15 (2) COMMERCIAL LOGGING.—(A) The term

16 ‘‘commercial logging’’ means—

17 (i) the sale of timber;

18 (ii) the execution of a timber sale; or
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1 (iii) any other transfer of timber to an in2 dividual, company, corporation, or other entity,

3 which then uses the timber so transferred for

4 sale.

5 (B) The term includes a sale, execution, or

6 other transfer specified in paragraph (1) regardless

7 of—

8 (i) the stated reason for the sale, execu9 tion, or transfer; or

10 (ii) whether the timber is standing, fallen,

11 living, or dead.

12 (3) FEDERAL PUBLIC LANDS.—The term ‘‘Fed13 eral public lands’’ means—

14 (A) all lands in the United States included

15 in the National Forest System;

16 (B) all lands in the United States included

17 in the National Wildlife Refuge System;

18 (C) all lands in the United States included

19 in the National Park System; and

20 (D) all lands under the jurisdiction of the

21 Bureau of Land Management.

22 (4) ROADLESS AREA.—The term ‘‘roadless

23 area’’ means each of the following:

24 (A) Any inventoried roadless area.
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1 (B) Any area of at least 1,000 contiguous

2 acres meeting Forest Service road density

3 guidelines.

4 (C) Any area of less than 1,000 contiguous

5 acres meeting Forest Service road density

6 guidelines, if the area is adjacent to a unit of

7 the National Wilderness Preservation System, a

8 unit of the National Park System, or a des9 ignated Wilderness Study Area.

10 (5) TIMBER SALE.—The term ‘‘timber sale’’

11 means—

12 (i) the sale of timber;

13 (ii) the offering of timber for sale or con14 sideration; or

15 (iii) any other transfer of timber to an in16 dividual, company, corporation, or other entity,

17 which then uses the timber so transferred for

18 sale.

19 (B) The term includes a sale, offer, or other

20 transfer specified in paragraph (1) regardless of—

21 (i) the stated reason for the sale, offer, or

22 transfer; or

23 (ii) whether the timber is standing, fallen,

24 living, or dead.
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1 SEC. 3. FINDINGS.

2 Congress finds the following:

3 (1) Polls conducted by the Forest Service show

4 that a strong majority of the American people think

5 that natural resources on Federal public lands

6 should not be made available to produce consumer

7 goods.

8 (2) The 1995 Forest Service draft report enti9 tled ‘‘Forest Service Program for Forest and Range10 land Resources: A Long-Term Strategic Plan’’ shows

11 that recreation and tourism in the National Forest

12 System creates over 30 times more jobs, and gen13 erates over 30 times more income, than commercial

14 logging on national forests.

15 (3) According to Forest Service figures, timber

16 cut from Federal public lands comprises less than

17 five percent of the annual timber consumption of the

18 United States.

19 (4) The vast majority of America’s original

20 pristine forests have been logged, and what little pri21 mary forest that remains exists almost entirely on

22 public lands.

23 (5) The ecological crisis resulting from this se24 vere habitat loss and fragmentation of American for25 ests requires bold action to protect this Nation’s

26 natural heritage so that pristine forests may remain
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1 pristine, and damaged forests may have an oppor2 tunity to recover.

3 (6) The 1995 report of the Comptroller General

4 regarding distribution of Forest Service timber sales

5 receipts (GAO/RCED–95–237FS) and the 1998 fol6 low-up report (GAO/RCED–99–24) reveal that, of

7 the hundreds of millions of dollars of taxpayer

8 money that is annually expended on the Forest Serv9 ice timber sales program, only a small fraction finds

10 its way back to the Federal Treasury, resulting in

11 an enormous net loss to taxpayers.

12 (7) The timber-oriented counties in Oregon,

13 Washington, and California that currently receive a

14 percentage of timber sales receipts from commercial

15 logging are guaranteed, by sections 13982 and

16 13983 of Public Law 103–66 (16 U.S.C. 500 note;

17 43 U.S.C. 1181f note), to continue to receive these

18 payments at near historic levels through fiscal year

19 2003, regardless of logging levels on public lands.

20 (8) Forests absorb rainfall, retard stream run21 off, reduce floods, increase slope stability, and retain

22 topsoil, and retard soil erosion and siltation in

23 streams, irrigation ditches, and reservoirs.

24 (9) Commercial logging has many indirect costs

25 which are very significant, but not easily measured,
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1 such as flooding damage and relief of flooding dam2 age through Federal funds, damage to the salmon

3 fishing industry; and harm to the recreation and

4 tourism industries.

5 (10) A congressionally commissioned scientific

6 study of the Sierra Nevada forests found that more

7 than any other human activity, commercial logging

8 has increased the risk and severity of fires by remov9 ing the cooling shade of trees and leaving flammable

10 debris (see Sierra Nevada Ecosystem Project Final

11 Report to Congress, Vol. 1, Assessment Summaries

12 and Management Strategies, 1996).

13 (11) It is in the interests of the American peo14 ple to protect watersheds on Federal public lands in

15 order to prevent potentially damaging and deadly

16 floods.

17 SEC. 4. PROHIBITION ON TIMBER SALES TO PROTECT FED18 ERAL PUBLIC LANDS.

19 (a) PROHIBITION ON NEW TIMBER SALES.—Not20 withstanding any other provision of law, effective as of the

21 date of the enactment of this Act, no timber sales shall

22 be prepared, advertised, offered, or awarded on Federal

23 public lands and, except as provided in section 5, no com24 mercial logging shall occur on Federal public lands.
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1 (b) EXCEPTIONS.—The gathering of firewood or

2 other wood by individuals for personal, noncommercial

3 use, through free-use permits under the personal use com4 ponent of the forest management program of the Forest

5 Service or an equivalent program of the Bureau of Land

6 Management, the National Park Service, or the United

7 States Fish and Wildlife Service, to the extent allowed

8 under existing law, is not prohibited by subsection (a) but

9 must be consistent with section 7 of this Act.

10 (c) NATIVE AMERICAN TRIBES.—Nothing contained

11 in this Act shall be construed to modify, amend, or breach

12 any treaty in existence on the date of enactment of this

13 Act with any Native American tribe.

14 SEC. 5. EFFECT OF PROHIBITION ON EXISTING TIMBER

15 SALE CONTRACTS.

16 (a) REMAINING SALVAGE RIDER SALES.—Notwith17 standing any outstanding judicial order or administrative

18 proceeding interpreting section 2001 of Public Law 104–

19 19 (109 Stat. 240; 16 U.S.C. 1611 note), the Secretary

20 of Agriculture and the Secretary of the Interior shall im21 mediately suspend each timber sale or activity that was

22 being undertaken in whole or in part under the authority

23 provided in such section.

24 (b) ROADLESS AREAS.—Notwithstanding any other

25 provision of law, the Secretary of Agriculture and the Sec-
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1 retary of the Interior shall immediately suspend each tim2 ber sale in any roadless area on Federal public lands.

3 (c) PHASE-OUT PERIOD AUTHORIZED.—There shall

4 be a 2-year period to phase out those timber sale contracts

5 in existence as of the date of the enactment of this Act.

6 The phase-out period shall begin on the date of the enact7 ment of this Act. Any remaining timber sales on Federal

8 public lands shall be automatically suspended upon the ex9 piration of the phase-out period. Notwithstanding any

10 other provision of law, no commercial logging shall occur

11 anywhere on Federal public lands after the end of the

12 phase-out period.

13 (d) EARLY TERMINATION.—For all timber sales sus14 pended under subsection (a), subsection (b), and sub15 section (c) of this subsection, the Secretary concerned

16 shall—

17 (1) exercise any provision of the original con18 tract that authorizes termination and payment of

19 specified damages; or

20 (2) terminate the contract to avoid adverse ef21 fects on the environment or natural resources.

22 (e) PAYMENT FOR TIMBER SALE CONTRACTS RELIN23 QUISHED.—Any claim, whether as a result of a judgment

24 or an agreement against the Federal Government, arising
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1 from termination of any timber sale contract under sub2 section (d) of this subsection, may be—

3 (1) paid from funds made available under sec4 tion 1304 of title 31, United States Code, and shall

5 not require reimbursement under section 13(c) of

6 the Contract Disputes Act of 1978 (41 U.S.C.

7 612(c));

8 (2) offset by forgiveness of a Federal Govern9 ment loan or loan guarantee;

10 (3) paid through funds appropriated for the

11 purpose; or

12 (4) paid through the transfer of funds from any

13 of the following Forest Service or Bureau of Land

14 Management timber accounts:

15 (A) Timber sales management.

16 (B) Forest land vegetation management.

17 (C) Forest roads program.

18 (D) General administration related to com19 mercial logging.

20 (f) DISPUTES.—Any claim by a purchaser against the

21 Federal Government relating to a contract terminated

22 under this section shall be subject to the Contract Dis23 putes Act of 1978 (41 U.S.C. 601 et seq.).
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1 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

2 (a) CALCULATION OF LOGGING SUBSIDY.—The Sec3 retary of Agriculture, in consultation with the Secretary

4 of the Interior, shall determine the average amount of

5 Federal funds appropriated annually from the General

6 Fund of the Treasury over the five fiscal years imme7 diately preceding the date of the enactment of this Act

8 for commercial logging and commercial logging-related ac9 tivities on Federal public lands. In making this determina10 tion, the Secretary shall include amounts expended for the

11 following, using estimates, where necessary:

12 (1) Timber sales management.

13 (2) Forest-land vegetation management.

14 (3) Land management planning, inventory, and

15 monitoring related to commercial logging.

16 (4) Research related to commercial logging.

17 (5) The portion of the forest roads and road

18 maintenance program related to commercial logging.

19 (6) General administration expenses related to

20 commercial logging.

21 (7) Landline location related to commercial log22 ging.

23 (8) Law enforcement related to commercial log24 ging.

25 (9) The portion of the forest fire fighting and

26 prevention program related to commercial logging.
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1 (10) The portion of any other activities related

2 to commercial logging.

3 (b) AUTHORIZATION.—There are authorized to be ap4 propriated such sums as may be necessary to carry out

5 this Act in the fiscal years beginning after the date of the

6 enactment of this Act, but not to exceed for any fiscal

7 year one-half of the logging subsidy amount calculated in

8 subsection (a).

9 (c) ADMINISTRATIVE EXPENSES.—Not more than

10 ten percent of the funds appropriated or allocated to carry

11 out sections 7 and 8 may be reserved for the administra12 tion of activities authorized under those sections.

13 SEC. 7. NATURAL HERITAGE RESTORATION.

14 (a) NATURAL HERITAGE RESTORATION CORPS.—

15 The Secretary of the Interior and the Secretary of Agri16 culture shall each establish a special unit (to be known

17 as the Natural Heritage Restoration Corps) for the pur18 poses of conducting, in areas of Federal public lands

19 where commercial logging has occurred, the following ac20 tivities:

21 (1) Restore native vegetative cover.

22 (2) Conduct prescribed burning where necessary

23 to reduce fire risk caused by commercial logging.

24 (3) Stabilize slopes and soils so as to prevent or

25 reduce further erosion.
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1 (4) Recontour slopes to their original contours,

2 where deemed appropriate and beneficial.

3 (5) Decommission and obliterate logging roads

4 in order to recover roadless characteristics.

5 (6) Remove man-made barriers to natural fish

6 spawning runs.

7 (7) Generally restore, as much as possible, such

8 areas to their natural condition as existed prior to

9 the occurrence of commercial logging.

10 (b) PERSONNEL AND EQUIPMENT.—The Natural

11 Heritage Restoration Corps shall hire the necessary per12 sonnel, which may include private contractors, and pur13 chase or lease the necessary equipment to implement the

14 Natural Heritage Restoration Plans and achieve the goals

15 and objectives as set forth by the Secretaries of Agri16 culture and Interior under this section. There shall be a

17 hiring preference for dislocated timber workers who have

18 been terminated or laid off, or have received a notice of

19 termination or lay off, as a consequence of the enactment

20 of this Act.

21 (c) NATURAL HERITAGE RESTORATION PLANS.—

22 (1) NATIONAL FOREST SYSTEM LANDS.—For

23 lands in the National Forest System, the Secretary

24 of Agriculture shall develop Natural Heritage Res25 toration Plans at the regional level to carry out the
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1 activities specified in subsection (a) in accordance

2 with the standards, guidelines, and procedures devel3 oped in subsection (d). Such Plans shall be com4 pleted no later than eighteen months after the date

5 of enactment of this Act.

6 (2) BLM AND NATIONAL WILDLIFE REFUGE

7 LANDS.—For lands under the jurisdiction of the Bu8 reau of Land Management, and, as necessary for

9 National Wildlife Refuges, the Secretary of the Inte10 rior shall develop Natural Heritage Restoration

11 Plans at the regional level to carry out the objectives

12 of subsection (a) in accordance with the standards,

13 guidelines, and procedures developed in subsection

14 (d). Such plans shall be completed no later than

15 eighteen months after the date of enactment of this

16 Act.

17 (d) DEVELOPING STANDARDS, GUIDELINES, AND

18 PROCEDURES FOR RESTORATION.—

19 (1) RESPONSIBILITIES OF THE SECRETARIES.—

20 The Secretary of Agriculture and Secretary of the

21 Interior shall develop regional standards, guidelines,

22 and procedures for restoration as soon as practicable

23 after the date of enactment of this Act, and shall

24 begin to incorporate these regional standards, guide25 lines, and procedures into land management plans
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1 for Federal public lands as soon as practicable. The

2 Secretaries shall complete such incorporation for all

3 Federal public lands by no later than two years after

4 the date of enactment of this Act. The Secretaries

5 shall report to the Congress on the progress of such

6 incorporation in the annual report required by sec7 tion 8(c) of the Forest and Rangeland Renewable

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

9 1606(c)) and section 311 of the Federal Land Policy

10 and Management Act of 1976 (43 U.S.C. 1741).

11 (2) COMMITTEE OF SCIENTISTS.—In carrying

12 out the purposes of this subsection, the Secretary of

13 the Interior shall appoint a committee of scientists

14 for each of the Forest Service regions in the United

15 States who are not officers or employees of the For16 est Service or the Bureau of Land Management. The

17 committee shall provide scientific and technical ad18 vice and counsel on proposed standards, guidelines,

19 and procedures to assure that an effective inter20 disciplinary approach is proposed and adopted for

21 the development of Natural Heritage Restoration

22 Plans for each region. The committee shall termi23 nate upon promulgation of the standards, guidelines,

24 and procedures, but the Secretary shall, from time

25 to time, appoint similar committees when consid-
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1 ering revisions of regional standards, guidelines, and

2 procedures. Standards, guidelines, and procedures

3 for developing Natural Heritage Restoration Plans

4 for each region shall be completed no later than one

5 year after the date of enactment of this Act. The

6 views of the committees shall be included in the pub7 lic information supplied when the standards and

8 guidelines are proposed for adoption.

9 (3) CLERICAL AND TECHNICAL ASSISTANCE.—

10 Clerical and technical assistance, as may be nec11 essary to discharge the duties of the committee of

12 scientists established under paragraph (2) of this

13 subsection, shall be provided from the personnel of

14 the Department of Agriculture or the Department of

15 Interior, as appropriate.

16 (4) COMPENSATION.—While attending meetings

17 of the committee, the members shall be entitled to

18 receive compensation at a rate of $200 per diem, in19 cluding travel time, and while away from their

20 homes or regular places of business they may be al21 lowed travel expenses, including per diem in lieu of

22 subsistence, as authorized by section 5703 of title 5,

23 United States Code, for persons in the Government

24 service employed intermittently.
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1 (e) INTERIM NEEDS FOR RESTORATION.—During

2 the interim period while regional standards, guidelines,

3 and procedures are being developed, the Secretary of Agri4 culture and Secretary of the Interior shall identify interim

5 needs for restoration and take prompt action to begin res6 toration work with available personnel, until the Natural

7 Heritage Restoration Corps is established. Interim needs

8 for restoration shall be limited to the following:

9 (1) Prescribed burning and slash disposal where

10 necessary to reduce fire risk.

11 (2) Stabilization of slopes and soils so as to

12 prevent or reduce further erosion and land sliding in

13 areas that have been logged.

14 (3) Decommissioning and obliteration of logging

15 roads.

16 (f) RESTORATION GOALS AND OBJECTIVES.—Within

17 one year of the date of enactment of this Act, the Sec18 retary of Agriculture and the Secretary of the Interior

19 shall develop specific restoration goals and objectives for

20 each Unit of the Federal public lands, and shall, within

21 the same time period, develop a specific schedule to accom22 plish those goals and objectives with the funds made avail23 able to carry out this section, as authorized in section 6

24 of this Act.
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1 (g) PLAN TRANSITION.—Except as otherwise pro2 vided in section 4 and 5, and elsewhere in this Act, any

3 plan, policy, or guidance of the Agencies, with respect to

4 Federal public lands, in effect on the date of enactment

5 of this Act shall continue to apply to such lands until such

6 plan, policy or guidance is revised, amended, or changed

7 as provided in this section.

8 (h) PUBLIC PARTICIPATION.—This subsection shall

9 be carried out in compliance with the National Environ10 mental Policy Act of 1969 and its implementing regula11 tions.

12 SEC. 8. WORKER RETRAINING.

13 (a) ELIGIBLE INDIVIDUAL DEFINED.—For the pur14 poses of this section, the term ‘‘eligible individual’’ means

15 an individual who—

16 (1) is a dislocated worker, as that term is de17 fined in section 101 of the Workforce Investment

18 Act of 1998 (Public Law 105–220; 112 Stat. 939;

19 29 U.S.C. 2801); and

20 (2) has been terminated or laid off, or has re21 ceived a notice of termination or lay off, as a con22 sequence of the enactment of this Act, or as a con23 sequence of management decisions on Federal public

24 lands prior to the enactment of this Act.
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1 (b) DETERMINATIONS OF ELIGIBILITY.—The deter2 mination of whether an individual is an eligible individual

3 shall be made by the Secretary of Labor, pursuant to cri4 teria established by the Secretary of Labor, in consultation

5 with the Secretaries of Agriculture and the Interior.

6 (c) GRANTS AUTHORIZED.—The Secretary of Labor

7 may make grants to States, employers, employer associa8 tions, and representatives of employees—

9 (1) to provide training, adjustment assistance,

10 and employment services to eligible individuals; and

11 (2) to make needs-related payments to eligible

12 individuals in accordance with subsection (h).

13 (d) PRIORITY AND APPROVAL.—

14 (1) PRIORITY.—In reviewing applications for

15 grants under subsection (c), the Secretary of Labor

16 shall give priority to applications proposing to pro17 vide training, adjustment assistance, and services in

18 areas which have the greatest number or percentage

19 of eligible individuals.

20 (2) NEEDS-RELATED PAYMENTS REQUIRED.—

21 The Secretary of Labor shall not approve an appli22 cation for a grant under subsection (c) unless the

23 application contains assurances that the applicant

24 will use grant funds to provide needs-related pay25 ments in accordance with subsection (h).
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1 (e) USE OF FUNDS.—Subject to the requirements of

2 subsections (f), (g), and (h), grants under subsection (c)

3 may be used for any purpose for which funds may be used

4 under section 134 of the Workforce Investment Act of

5 1998 (Public Law 105–220; 112 Stat. 990; 29 U.S.C.

6 2864).

7 (f) JOB SEARCH ALLOWANCE.—

8 (1) ALLOWANCE AUTHORIZED.—Grants under

9 subsection (c) for adjustment assistance may be

10 used to provide job search allowances to eligible indi11 viduals. Such allowance, if granted, shall provide re12 imbursement to the individual of not more than 90

13 percent of the cost of necessary job search expenses,

14 as prescribed by regulations of the Secretary of

15 Labor, but may not exceed $1,200 unless the need

16 for a greater amount is justified in the application

17 and approved by the Secretary of Labor.

18 (2) CRITERIA FOR GRANTING JOB SEARCH AL19 LOWANCES.—A job search allowance may be granted

20 only—

21 (A) to assist an eligible individual who has

22 been totally separated in securing a job within

23 the United States; and

24 (B) where the Secretary of Labor deter25 mines that such employee cannot reasonably be
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1 expected to secure suitable employment in the

2 commuting area in which the worker resides.

3 (g) RELOCATION ALLOWANCE.—

4 (1) ALLOWANCE AUTHORIZED.—Grants under

5 subsection (c) for adjustment assistance may be

6 used to provide relocation allowances to eligible indi7 viduals. Such an allowance may only be granted to

8 assist an eligible individual in relocating within the

9 United States and only if the Secretary of Labor de10 termines that such employee;

11 (A) cannot reasonably be expected to se12 cure suitable employment in the commuting

13 area in which the employee resides;

14 (B) has obtained suitable employment af15 fording a reasonable expectation of long-term

16 duration in the area in which the employee

17 wishes to relocate, or has obtained a bona fide

18 offer of such employment, and

19 (C) is totally separated from employment

20 at the time relocation commences.

21 (2) AMOUNT OF RELOCATION ALLOWANCE.—

22 The amount of any relocation allowance for any eli23 gible individual may not exceed the amount which is

24 equal to the sum of—
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1 (A) 90 percent of the reasonable and nec2 essary expenses, specified in regulations pre3 scribed by the Secretary, incurred in trans4 porting an individual and the individual’s fam5 ily, if any, and household effects; and

6 (B) a lump sum equivalent to 3 times the

7 employee’s average weekly wage, up to a max8 imum payment of $1,200, unless the need for

9 a greater amount is justified in the application

10 and approved by the Secretary of Labor.

11 (h) NEEDS-RELATED PAYMENTS.—The Secretary of

12 Labor shall prescribe regulations with respect to the use

13 of funds from grants under subsection (c) for needs-re14 lated payments in order to enable eligible individuals to

15 complete training or education programs under this sec16 tion. Such regulations shall—

17 (1) require that such payments shall be pro18 vided to an eligible individual only if such

19 individual—

20 (A) does not qualify or has ceased to qual21 ify for unemployment compensation;

22 (B) has been enrolled in training by the

23 end of the 13th week of the individual’s initial

24 unemployment compensation benefit period, or,

25 if later, the end of the 8th week after an indi-
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1 vidual is informed that a short-term layoff will

2 in fact exceed six months; and

3 (C) is participating in training or edu4 cation programs under this section, except that

5 such regulations shall protect an individual

6 from being disqualified pursuant to this clause

7 for a failure to participate that is not the fault

8 of the individual;

9 (2) provide that to qualify for such payments

10 the individual currently receives, or is a member of

11 a family which currently receives, a total family in12 come (exclusive of unemployment compensation,

13 child support payments, and welfare payments)

14 which, in relation to family size, is not in excess of

15 the lower living standard income level;

16 (3) provide that the levels of such payments

17 shall be equal to the higher of—

18 (A) the applicable level of unemployment

19 compensation; or

20 (B) the poverty level determined in accord21 ance with criteria established by the Director of

22 the Office of Management and Budget;

23 (4) provide for the adjustment of payments to

24 reflect changes in total family income; and
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1 (5) provide that the grantee shall obtain infor2 mation with respect to such income, and changes

3 therein, from the eligible individual.

4 (i) REGULATIONS.—The Secretary of Labor shall

5 prescribe regulations to carry out this section not later

6 than 180 days after the date of enactment of this Act.

7 SEC. 9. ALLOCATION OF FUNDS.

8 (a) AVAILABILITY OF CERTAIN ACCOUNTS.—Not9 withstanding any other provision of law, from the date of

10 the enactment of this Act through the duration of the two11 year phase-out period provided in section 5 plus one year

12 thereafter, all funds in each of the following Forest Service

13 and Bureau of Land Management accounts, including any

14 funds deposited into these accounts during the two-year

15 phase-out period, shall be used only to carry out this Act:

16 (1) Timber salvage funds (including the Salvage

17 Sale Fund established under section 14(h) of the

18 National Forest Management Act of 1976 (16

19 U.S.C. 472a(h))).

20 (2) The fund established under section 3 of the

21 Act of June 9, 1930 (commonly known as the

22 Knutson-Vandenberg Act; 16 U.S.C 576b).

23 (3) The fund containing moneys associated with

24 the Purchaser-Elect Roads Program under section 6
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1 of the Act of October 13, 1964 (commonly known as

2 the Forest Roads And Trails Act; 16 U.S.C. 537).

3 (b) ALLOCATION OF TIMBER SALES REVENUES DUR4 ING PHASE-OUT PERIOD.—Notwithstanding any other

5 provision of law, from the date of the enactment of this

6 Act through the duration of the two-year phase-out period,

7 all timber sale revenues from Federal public lands shall

8 be deposited in the fund established under section 3 of

9 the Act of June 9, 1930 (commonly known as the

10 Knutson-Vandenberg Act; 16 U.S.C 576b).

11 (c) ABOLISHMENT OF ACCOUNTS.—Notwithstanding

12 any other provision of law, the funds referred to in sub13 section (a) shall be used to carry out this section until

14 no funds remain in such accounts, after which these ac15 counts shall be abolished.

16 (d) PAYMENTS TO STATES.—For the fiscal year in

17 which this Act is enacted and each fiscal year thereafter

18 through fiscal year 2003, revenue sharing payments to

19 States from timber sale receipts, which have annually been

20 made pursuant to the Act of May 23, 1908 (16 U.S.C.

21 500) shall be paid from the funds referred to in subsection

22 (a) of this section, except that no such payments shall be

23 made for counties already receiving ‘‘Spotted Owl Pay24 ments’’ pursuant to section 13982 or 13983 of Public Law

25 103–66 (16 U.S.C. 500 note; 43 U.S.C. 1181f note). Pay-
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1 ments under this subsection shall be made in an amount

2 equivalent to the revenue-sharing payments to States from

3 timber sale receipts in fiscal year 1996 ($125,000,000).

4 Should the monies in the funds referred to in subsection

5 (a) fall below $380,000,000 cumulatively, the Secretary

6 of the Treasury shall make these payments out of money

7 in the Treasury not otherwise appropriated.

8 (e) WORKER RETRAINING.—Monies shall be distrib9 uted from the funds referred to in subsection (a) to carry

10 out section 8. Such distributions shall be made in amounts

11 up to $100,000,000 in the first year of the phase-out pe12 riod, and $100,000,000 and $150,000,000, respectively,

13 in the subsequent two years.

14 (f) ALTERNATIVES TO WOOD.—From the funds re15 ferred to in subsection (a), at least $1,000,000 and up

16 to $3,000,000 shall be distributed to the Environmental

17 Protection Agency to fund an investigation into wood-free

18 alternative products for paper and construction. Within

19 one year after the date of the enactment of this Act, the

20 Administrator of the Environmental Protection Agency

21 shall make recommendations for grants to entities involved

22 in the development and production of the most environ23 mentally sound non-wood alternatives for paper and con24 struction products. Up to $30,000,000 from the funds re25 ferred to in subsection (a) shall be made available to the
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1 Environmental Protection Agency for such grants, which

2 shall be made within three years after the date of the en3 actment of this Act.

4 (g) ALLOCATION OF REMAINING FUNDS.—Any funds

5 remaining in the accounts referred to in subsection (a) in

6 the fourth year after the date of the enactment of this

7 Act shall be deposited into the general fund of the United

8 States Treasury.

Æ