```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1494 Introduced in House (IH)]

107th CONGRESS
  1st Session
                                H. R. 1494

  To save taxpayers money, reduce the deficit, cut corporate welfare, 
 protect communities from wildfires, and protect and restore America's 
natural heritage by eliminating the fiscally wasteful and ecologically 
    destructive commercial logging program on Federal public lands, 
   restoring native biodiversity in our Federal public forests, and 
 facilitating the economic recovery and diversification of communities 
                affected by the Federal logging program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2001

  Ms. McKinney (for herself, Mr. Leach, Mr. Delahunt, Mr. Olver, Mrs. 
Lowey, Mr. Sawyer, Mr. Blagojevich, Mr. Brown of Ohio, Mr. Sanders, Mr. 
 Lewis of Georgia, Mr. Wexler, Ms. Eddie Bernice Johnson of Texas, Mr. 
Filner, Mr. Weiner, Mr. Pallone, Mrs. Meek of Florida, Mr. Bonior, Mr. 
  Lantos, Ms. Pelosi, Mr. Fattah, Mr. Scott, Mr. Owens, Mr. Clay, Mr. 
 Stark, Ms. Rivers, Ms. McCarthy of Missouri, Mr. Holt, Mr. Cummings, 
 Mrs. McCarthy of New York, Mrs. Napolitano, Mr. Waxman, Mr. Sherman, 
    Mr. Nadler, Mr. Moran of Virginia, Ms. Baldwin, Mr. Markey, Mr. 
    McDermott, Mr. Berman, Ms. Jackson-Lee of Texas, Mr. Payne, Mr. 
Pascrell, Ms. Schakowsky, Mrs. Jones of Ohio, Mr. Hoeffel, Mr. Thompson 
   of Mississippi, Mr. Wynn, Ms. Norton, Mr. Evans, Mr. Borski, Mr. 
    Hastings of Florida, Mr. Rothman, Mr. Tierney, Mr. Capuano, Mr. 
 Kucinich, Mr. McGovern, Ms. DeLauro, Ms. Roybal-Allard, Mr. Serrano, 
Ms. Brown of Florida, Ms. Woolsey, Mr. Simmons, Mr. Conyers, Ms. Solis, 
    Ms. Lee, Mr. Hinchey, Ms. Slaughter, Ms. Carson of Indiana, Ms. 
Sanchez, Mr. Towns, Ms. Berkley, Mr. Kleczka, Mrs. Davis of California, 
 and Mr. Becerra) introduced the following bill; which was referred to 
   the Committee on Resources, and in addition to the Committees on 
   Agriculture, 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, 
 protect communities from wildfires, and protect and restore America's 
natural heritage by eliminating the fiscally wasteful and ecologically 
    destructive commercial logging program on Federal public lands, 
   restoring native biodiversity in our Federal public forests, and 
 facilitating the economic recovery and diversification of communities 
                affected by the Federal logging program.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Forest 
Protection and Restoration Act of 2001''.
    (b) Table of Contents.--The table of contents of 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.
Sec. 10. Continuation of payments for States and counties containing 
                            Federal public lands under Public Law 106-
                            393.
Sec. 11. Enforcement by citizens.

 SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Agencies.--The term ``agencies'' means the Forest 
        Service, the National Park Service, the Bureau of Land 
        Management, and the United States Fish and Wildlife Service.
            (2) Commercial logging.--
                    (A) In general.--The term ``commercial logging'' 
                means--
                            (i) the sale of timber;
                            (ii) the execution of a timber sale; or
                            (iii) any other transfer of timber or 
                        biomass to an individual, company, corporation, 
                        or other entity, which then offers the 
                        transferred timber or biomass, or any product 
                        produced from that timber or biomass, for sale 
                        or uses the transferred timber or biomass for 
                        other commercial purposes.
                    (B) Inclusions.--The term ``commercial logging'' 
                includes a sale, execution, or other transfer specified 
                in subparagraph (A) regardless of--
                            (i) the stated reason for the sale, 
                        execution, or transfer; or
                            (ii) whether the timber is standing, 
                        fallen, living, or dead.
            (3) Federal public lands.--The term ``Federal public 
        lands'' means--
                    (A) all lands in the United States included in the 
                National Forest System;
                    (B) all lands in the United States included in the 
                National Wildlife Refuge System;
                    (C) all lands in the United States included in the 
                National Park System; and
                    (D) all lands under the jurisdiction of the Bureau 
                of Land Management.
            (4) Native biodiversity.--
                    (A) In general.--The term ``native biodiversity'' 
                means--
                            (i) the full range of variety and 
                        variability within and among living organisms; 
                        and
                            (ii) the ecological complexes in which the 
                        living organisms would have occurred in the 
                        absence of significant human impact.
                    (B) Inclusions.--The term ``native biodiversity'' 
                includes diversity--
                            (i) within a species (including genetic 
                        diversity, species diversity, and age 
                        diversity);
                            (ii) within a community of species;
                            (iii) between communities of species;
                            (iv) within a total area, such as a 
                        watershed;
                            (v) along a vertical plane from ground to 
                        sky, including application of the plane to all 
                        the other types of diversity; and
                            (vi) along the horizontal plane of the 
                        earth-surface, including application of the 
                        plane to all the other types of diversity.
                    (C) Exclusions.--The term ``native biodiversity'' 
                excludes genetically modified or engineered organisms.
            (5) Old growth forest.--The term ``old growth forest'' 
        refers to any stand of forest within the boundaries of a timber 
        sale that may contain trees that exceed 150 years in age.
            (6) Roadless area.--The term ``roadless area'' means each 
        of the following:
                    (A) Any inventoried roadless area.
                    (B) Any area of at least 1,000 contiguous acres 
                meeting Forest Service road density guidelines.
                    (C) Any area of less than 1,000 contiguous acres 
                meeting Forest Service road density guidelines, if the 
                area is adjacent to a unit of the National Wilderness 
                Preservation System, a unit of the National Park 
                System, an inventories roadless area, or a designated 
                Wilderness Study Area.
            (7) Timber sale.--
                    (A) In general.--The term ``timber sale'' means--
                            (i) the sale of timber;
                            (ii) the offering of timber for sale or 
                        consideration; or
                            (iii) any other transfer of timber or 
                        biomass to an individual, company, corporation, 
                        or other entity, which then offers the 
                        transferred timber or biomass, or any product 
                        produced from that timber or biomass, for sale 
                        or uses the transferred timber or biomass for 
                        other commercial purposes.
                    (B) Inclusions.--The term ``timber sale'' includes 
                a sale, offer, or other transfer specified in 
                subparagraph (A) regardless of--
                            (i) the stated reason for the sale, offer, 
                        or transfer; or
                            (ii) whether the timber is standing, 
                        fallen, living, or dead.

 SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Polls conducted by the Forest Service show that a 
        strong majority of the American people think that natural 
        resources on Federal public lands should not be made available 
        to produce consumer goods.
            (2) The 1995 Forest Service draft report entitled ``Forest 
        Service Program for Forest and Rangeland Resources: A Long-Term 
        Strategic Plan'' shows that recreation and tourism in the 
        National Forest System creates over 30 times more jobs, and 
        generates over 30 times more income, than commercial logging on 
        national forests.
            (3) According to Forest Service figures, timber cut from 
        Federal public lands comprises less than five percent of the 
        annual timber consumption of the United States.
            (4) The vast majority of America's original pristine 
        forests have been logged, and what little primary forest that 
        remains exists almost entirely on public lands.
            (5) The ecological crisis resulting from this severe 
        habitat loss and fragmentation of American forests requires 
        bold action to protect this Nation's natural heritage so that 
        pristine forests may remain pristine, and damaged forests may 
        have an opportunity to recover.
            (6) It is in the interests of the American people and the 
        international community to protect and restore native 
        biodiversity in our Federal public lands for its inherent 
        benefits, the resulting economic benefits, and for the 
        protection of this natural heritage for current and future 
        generations.
            (7) The 1995 report of the Comptroller General regarding 
        distribution of Forest Service timber sales receipts (GAO/RCED-
        95-237FS) and the 1998 follow-up report (GAO/RCED-99-24) reveal 
        that, of the hundreds of millions of dollars of taxpayer money 
        that is annually expended on the Forest Service timber sales 
        program, only a small fraction finds its way back to the 
        Federal Treasury, resulting in an enormous net loss to 
        taxpayers.
            (8) Forests absorb rainfall, retard stream runoff, reduce 
        floods, increase slope stability, and retain topsoil, and 
        retard soil erosion and siltation in streams, irrigation 
        ditches, and reservoirs.
            (9) Commercial logging has many indirect costs which are 
        very significant, but not easily measured, such as flooding 
        damage and relief of flooding damage through Federal funds, 
        damage to the salmon fishing industry; and harm to the 
        recreation and tourism industries.
            (10) A congressionally commissioned scientific study of the 
        Sierra Nevada forests found that more than any other human 
        activity, commercial logging has increased the risk and 
        severity of fires by removing the cooling shade of trees and 
        leaving flammable debris (see Sierra Nevada Ecosystem Project 
        Final Report to Congress, Vol. 1, Assessment Summaries and 
        Management Strategies, 1996).
            (11) Forest Service studies have confirmed the finding that 
        logging, including both thinning and clearcutting, increases 
        fire severity (United States Forest Service, Historical and 
        Current Forest Landscapes in Eastern Oregon and Washington, 
        Part II: Linking Vegetation Characteristics to Potential Fire 
        Behavior and Related Smoke Production, PNW-GTR-355, p. 22 
        (1995); United States Forest Service, Integrated Scientific 
        Assessment for Ecosystem Management in Interior Columbia Basin, 
        PNW-GTR-382, p. 61 (1996)).
            (12) The Forest Service's chief fire specialist has stated 
        that the material that needs to be reduced to prevent 
        unnaturally severe forest fires is underbrush that is less than 
        two or three inches in diameter, not mature trees (Washington 
        Journal, C-SPAN, Aug. 10, 2000).
            (13) The Forest Service's own fire research station found 
        that the only effective way to protect homes in the urban/
        wildland interface from forest fires is to reduce the 
        flammability of the home itself and its immediate surroundings 
        within 40 meters, not engage in logging activities on Federal 
        public lands (Jack Cohen, Reducing the Wildland Fire Threat to 
        Homes: where and how much?, United States Forest Service, Fire 
        Sciences Laboratory, Rocky Mountain Research Station, Missoula, 
        Montana, report presented at the Fire Economics, Policy and 
        Planning: Bottom Line Symposium, April 5-9, 1999, San Diego, 
        California).
            (14) It is in the interests of the American people to 
        protect watersheds on Federal public lands in order to prevent 
        potentially damaging and deadly floods.

 SEC. 4. PROHIBITION ON TIMBER SALES TO PROTECT FEDERAL PUBLIC LANDS.

    (a) Prohibition on New Timber Sales.--Notwithstanding any other 
provision of law, effective as of the date of the enactment of this 
Act, no timber sales shall be prepared, advertised, offered, or awarded 
on Federal public lands and, except as provided in section 5, no 
commercial logging shall occur on Federal public lands.
    (b) Exceptions.--The use of forest materials for noncommercial use, 
including personal-use permits under the personal use component of the 
forest management program of the Forest Service or an equivalent 
program of the Bureau of Land Management, the National Park Service, or 
the United States Fish and Wildlife Service, to the extent allowed 
under existing law, is not prohibited by subsection (a), but any such 
use of forest materials for noncommercial use must be consistent with 
section 7, including subsection (k) of such section.
    (c) Native American Tribes.--Nothing contained in this Act shall be 
construed to modify, amend, or breach any treaty in existence on the 
date of enactment of this Act with any Native American tribe.

SEC. 5. EFFECT OF PROHIBITION ON EXISTING TIMBER SALE CONTRACTS.

    (a) Remaining Salvage Rider Sales.--Notwithstanding any outstanding 
judicial order or administrative proceeding interpreting section 2001 
of Public Law 104-19 (109 Stat. 240; 16 U.S.C. 1611 note), the 
Secretary of Agriculture and the Secretary of the Interior shall 
immediately suspend each timber sale or activity that was being 
undertaken in whole or in part under the authority provided in such 
section.
    (b) Roadless Areas and Old Growth Forests.--Notwithstanding any 
other provision of law, the Secretary of Agriculture and the Secretary 
of the Interior shall immediately suspend each timber sale in any 
roadless area or old growth forest on Federal public lands.
    (c) Phase-Out Period Authorized.--There shall be a 2-year period to 
phase out those timber sale contracts in existence as of the date of 
the enactment of this Act. The phase-out period shall begin on the date 
of the enactment of this Act. Any remaining timber sales on Federal 
public lands shall be automatically suspended upon the expiration of 
the phase-out period. Notwithstanding any other provision of law, no 
commercial logging shall occur anywhere on Federal public lands after 
the end of the phase-out period.
    (d) Early Termination.--For all timber sales suspended under 
subsection (a), subsection (b), and subsection (c) of this subsection, 
the Secretary concerned shall--
            (1) exercise any provision of the original contract that 
        authorizes termination and payment of specified damages; or
            (2) terminate the contract to avoid adverse effects on the 
        environment or natural resources.
    (e) Payment for Timber Sale Contracts Relinquished.--Any claim, 
whether as a result of a judgment or an agreement against the Federal 
Government, arising from termination of any timber sale contract under 
subsection (d) of this subsection, may be--
            (1) paid from funds made available under section 1304 of 
        title 31, United States Code, and shall not require 
        reimbursement under section 13(c) of the Contract Disputes Act 
        of 1978 (41 U.S.C. 612(c));
            (2) offset by forgiveness of a Federal Government loan or 
        loan guarantee;
            (3) paid through funds appropriated for the purpose; or
            (4) paid through the transfer of funds from Forest Service 
        or Bureau of Land Management accounts for forest management, 
        road construction, or general administration for such purposes.
    (f) Disputes.--Any claim by a purchaser against the Federal 
Government relating to a contract terminated under this section shall 
be subject to the Contract Disputes Act of 1978 (41 U.S.C. 601 et 
seq.).

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Calculation of Taxpayer Losses From Logging.--The Secretary of 
Agriculture, in consultation with the Secretary of the Interior, shall 
determine the average amount of Federal funds appropriated annually 
from the General Fund of the Treasury over the five fiscal years 
immediately preceding the date of the enactment of this Act for 
commercial logging and commercial logging-related activities on Federal 
public lands. In making this determination, the Secretary shall include 
amounts expended for the following, using estimates when necessary:
            (1) Timber sales management.
            (2) Forest-land vegetation management.
            (3) Land management planning, inventory, and monitoring 
        related to commercial logging.
            (4) Research related to commercial logging.
            (5) The portion of the forest roads and road maintenance 
        program related to commercial logging.
            (6) General administration expenses related to commercial 
        logging.
            (7) Landline location related to commercial logging.
            (8) Law enforcement related to commercial logging.
            (9) The portion of the forest fire fighting and prevention 
        program related to commercial logging.
            (10) The portion of any other activities related to 
        commercial logging.
    (b) Authorization.--There are authorized to be appropriated such 
sums as may be necessary to carry out this Act in the fiscal years 
beginning after the date of the enactment of this Act, but not to 
exceed for any fiscal year two-thirds of the amount calculated in 
subsection (a) as the taxpayer losses from logging.
    (c) Administrative Expenses.--Not more than ten percent of the 
funds appropriated or allocated to carry out sections 7 and 8 may be 
reserved for the administration of activities authorized under those 
sections.

SEC. 7. NATURAL HERITAGE RESTORATION.

    (a) General Requirement.--Notwithstanding any other provision of 
law, agency projects or programs to restore biological diversity and 
ecological processes on Federal public lands shall be carried out in a 
manner consistent with this section and shall be integrated into the 
program established by this section.
    (b) Purposes, Findings, and Basic Management Requirements.--(1) The 
purpose of this section is to protect and restore the natural heritage 
of the Federal public lands through the restoration of native 
biodiversity and natural ecological complexes and processes. In most 
circumstances, natural processes will heal damaged areas without 
assistance, but, in many circumstances, where extensive damage from 
logging and road-building is evident, it is necessary to take immediate 
action to stop soil erosion and pervasive resource damage. The primary 
emphasis of this section is to change circumstances that effectively 
act as barriers to natural restoration processes. This section does not 
envision the broad application of largely experimental techniques or 
tactics for which there is no solid scientific support or concrete 
evidence of effectiveness.
    (2) It is also the purpose of this section to provide guidance and 
limitations for the protection and restoration of native biological 
diversity. The inherent guiding principle or basic approach that 
managers shall use to implement the ecological restoration provisions 
of this section is to ``do no harm'' to ecosystems when implementing 
active management projects and programs.
    (3) Scientific uncertainty about complex ecosystems requires a 
precautionary approach to active management. Therefore, proposed 
projects that are intended to restore ecological processes must have 
short- and long-term benefits that significantly outweigh any short- or 
long-term risks.
    (4) In most cases ecosystems are inherently resilient if left to 
function without interference from man, but in some cases action is 
necessary to stop immediate resource damage. Therefore, ecological 
restoration projects shall emphasize the removal of barriers that 
prevent ecosystems from restoring themselves. Some examples of such 
barriers are roads, erosion, landslides, nonnative invasive species, 
fire suppression, certain types of hazardous fuels, dams or man-made 
barriers in streams, and other significant man-made damage and 
developments that interfere with natural ecological processes.
    (5) In other cases ecosystems require the reintroduction of native 
species that once contributed to natural ecological processes. 
Therefore, each ecological restoration project shall include an 
evaluation of which native species may be missing from the ecosystem 
and shall ensure the presence of adequate habitat and forage or prey 
for the native species, to be followed by a scheduled reintroduction of 
the native species in coordination with State natural heritage and 
wildlife agencies and the United States Fish and Wildlife Service.
    (c) Natural Heritage Restoration Corps.--
            (1) Establishment.--The Secretary of the Interior and the 
        Secretary of Agriculture shall each establish a special unit 
        (to be known as the ``Natural Heritage Restoration Corps'') for 
        the purposes of--
                    (A) conducting ecological restoration of native 
                biodiversity in areas of Federal public lands where the 
                integrity of natural ecosystems has been degraded;
                    (B) assisting in the monitoring of forest 
                resources, including effectiveness monitoring of 
                ecological restoration projects; and
                    (C) in cooperation with each agency's law 
                enforcement programs, monitoring and protecting public 
                resources from various illegal activities, including 
                timber theft and poaching.
            (2) Use of personnel from existing programs.--The Natural 
        Heritage Restoration Corps may be created using personnel in 
        existing programs in the agencies.
            (3) Other personnel and equipment.--In addition to the 
        personnel selected under paragraph (2), the Natural Heritage 
        Restoration Corps may hire other personnel, which may include 
        private contractors, and purchase or lease the necessary 
        equipment to implement the Natural Heritage Restoration Plans 
        to achieve the goals and objectives as set forth by the 
        Secretary of Agriculture and the Secretary of the Interior 
        under this section. There shall be a hiring preference for 
        dislocated workers who have been terminated or laid off, or 
        have received a notice of termination or lay off, as a 
        consequence of the enactment of this Act.
            (4) Training.--Personnel of the Natural Heritage 
        Restoration Corps shall be properly trained so that they are 
        able to carry out the activities specified in paragraph (1) 
        consistent with this section.
    (d) Natural Heritage Restoration Planning.--
            (1) National forest system lands.--For lands in the 
        National Forest System, the Secretary of Agriculture shall 
        develop Natural Heritage Restoration Plans at the regional 
        level to carry out an ecological restoration program in each 
        region consistent with this section and incorporating the 
        standards, guidelines, and procedures developed in subsection 
        (e). Such Plans shall be completed no later than 18 months 
        after the date of enactment of this Act and shall be revised at 
        least every 10 years.
            (2) BLM, national wildlife refuge, and national park 
        lands.--For lands under the jurisdiction of the Bureau of Land 
        Management, and, as necessary for National Wildlife Refuges and 
        units of the National Park System, the Secretary of the 
        Interior shall develop Natural Heritage Restoration Plans at 
        the regional level to carry out an ecological restoration 
        program in each region consistent with this section and 
        incorporating the standards, guidelines, and procedures 
        developed in subsection (e). Such Plans shall be completed no 
        later than 18 months after the date of enactment of this Act 
        and shall be revised at least every 10 years.
            (3) Monitoring.--The Secretary of the Interior and the 
        Secretary of Agriculture shall include in the Natural Heritage 
        Restoration Plans--
                    (A) monitoring provisions to ensure the 
                effectiveness of each ecological restoration project; 
                and
                    (B) provisions to gauge each Plan's progress in 
                achieving any restoration goals and objectives that are 
                developed in accordance with subsection (g).
            (4) Follow-up evaluations and corrections.--The Secretary 
        of Interior and the Secretary of Agriculture shall provide for 
        appropriate follow-up evaluations and actions to ensure the 
        long-term success of ecological restoration projects. The 
        failure of any restoration project shall be evaluated and 
        reported to the appropriate Secretary, who shall take prompt 
        action to provide new solutions to correct the failed 
        restoration projects.
    (e) Developing Standards, Guidelines, and Procedures for 
Restoration.--
            (1) Responsibilities of the secretaries.--(A) The Secretary 
        of Agriculture and Secretary of the Interior shall develop 
        regional standards, guidelines, and procedures for restoration, 
        consistent with this section, as soon as practicable after the 
date of the enactment of this Act, and shall incorporate these regional 
standards, guidelines, and procedures, as well as regional Natural 
Heritage Restoration Plans, into land management plans for each unit of 
Federal public lands in accordance with existing land management 
planning regulations, by no later than two years after the date of 
enactment of this Act.
            (B) The Secretaries shall report to the Congress on the 
        progress of implementing this section in the annual report 
        required by section 8(c) of the Forest and Rangeland Renewable 
        Resources Planning Act of 1974 (16 U.S.C. 1606(c)) and section 
        311 of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1741).
            (2) Committee of scientists.--(A) In carrying out the 
        purposes of this subsection, the Secretary of the Interior, in 
        consultation with the Secretary of Agriculture, shall appoint a 
        committee of scientists, for each of the various administrative 
        regions in the United States who are not officers or employees 
        of the Forest Service, the Bureau of Land Management, or the 
        timber industry, and who are not contractors for the timber 
        industry.
            (B) The committee shall provide scientific and technical 
        advice and counsel on the proposed standards, guidelines, and 
        procedures of this subsection to assure that an effective 
        interdisciplinary approach is proposed and adopted for the 
        development of Natural Heritage Restoration Plans in each 
        region.
            (C) The committee shall terminate upon promulgation of the 
        standards, guidelines, and procedures, but the Secretary shall 
        appoint similar committees, at least every 10 years, to 
        consider revisions of regional standards, guidelines, and 
        procedures based on new scientific information and the 
        knowledge gained from implementing ecological restoration 
        projects. Standards, guidelines, and procedures for developing 
        Natural Heritage Restoration Plans or their revisions for each 
        region shall be completed no later than one year after the date 
        of the enactment of this Act or the initiation of the revision 
        process. The views of the committees shall be included in the 
        public information supplied when the standards and guidelines 
        are proposed for adoption.
            (3) Clerical and technical assistance.--Clerical and 
        technical assistance, as may be necessary to discharge the 
        duties of the committee of scientists established under 
        paragraph (2), shall be provided from the personnel of the 
        Department of Agriculture or the Department of Interior, as 
        appropriate.
            (4) Compensation.--While attending meetings of the 
        committee, the members shall be entitled to receive 
        compensation at a rate of $200 per diem, including travel time, 
        and while away from their homes or regular places of business 
        they may be allowed travel expenses, including per diem in lieu 
        of subsistence, as authorized by section 5703 of title 5, 
        United States Code, for persons in the Government service 
        employed intermittently.
            (5) Regional boundaries.--The Secretary of the Interior, in 
        consultation with the Secretary of Agriculture, shall determine 
        each region's boundaries for which the standards, guidelines, 
        and procedures are to be developed under this subsection.
    (f) Interim Needs for Restoration.--During the interim period while 
regional standards, guidelines, and procedures, as well as regional 
Natural Heritage Restoration Plans, are being developed and 
incorporated into land management plans, the Secretary of Agriculture 
and Secretary of the Interior shall identify interim needs for 
ecological restoration and shall take prompt action to begin this 
restoration work with available personnel. Interim needs for 
restoration under this section shall be limited to the following:
            (1) Prescribed or managed fire or manual pre-treatments to 
        reduce severe fire incidence and hazardous fuels pursuant to 
        subsection (j).
            (2) Stabilization of slopes and soils so as to prevent or 
        reduce further erosion and land sliding.
            (3) Decommissioning and obliteration of roads.
            (4) Removal of nonnative invasive species.
            (5) Removal of manmade developments that interfere with 
        natural ecological processes.
    (g) Restoration Goals and Objectives.--Within two years after the 
date of the enactment of this Act, the Secretary of Agriculture and the 
Secretary of the Interior shall develop specific restoration goals and 
objectives for each unit of Federal public lands, and shall, within the 
same time period, develop a specific schedule to accomplish those goals 
and objectives with any funds made available to the Secretaries, 
including those funds authorized to be appropriated in section 6.
    (h) Public Participation.--Any program or project provided in this 
section shall be carried out in compliance with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and its 
implementing regulations, and any other public involvement processes 
provided by law, regulation, or agency policy.
    (i) Prohibitions.--Road construction or re-construction shall be 
prohibited when conducting projects or programs provided by this 
section. This prohibition includes any projects to reduce the incidence 
of severe fire and hazardous fuels pursuant to subsection (j).
    (j) Special Provisions for Reducing the Incidence of Severe Fire 
and Hazardous Fuels.--
            (1) Prescribed or managed fires without manual pre-
        treatments.--The use of prescribed or managed fires without 
        manual pre-treatments--
                    (A) shall be the primary tool for reducing severe 
                fire incidence and hazardous fuels;
                    (B) shall only be prescribed in areas that have 
                been scientifically identified as fire-adapted 
                ecosystems;
                    (C) shall be carried out in a manner designed to 
                maintain habitat quality for any proposed, threatened, 
                endangered, or sensitive species, or their prey; and
                    (D) shall be carried out during a time of year and 
                with a frequency that is most ecologically appropriate, 
                while also minimizing adverse effects on air quality.
            (2) Requirements regarding manual pre-treatments.--Manual 
        pre-treatments to reduce severe fire incidence and hazardous 
        fuels--
                    (A) must include use of prescribed or managed fire 
                as the primary treatment of the project in accordance 
                with paragraph (1);
                    (B) may only be implemented in areas which have a 
                moderate to high risk of severe fire incidence;
                    (C) shall be prioritized for urban-wildland 
                intermix areas;
                    (D) shall not reduce the overstory canopy component 
                of the pre-treatment area;
                    (E) shall maintain habitat quality for any 
                proposed, threatened, endangered, or sensitive species, 
                or their prey;
                    (F) may remove hazardous fuels to minimize 
                occurrences of prescribed fires reaching the forest 
                canopy; and
                    (G) shall only be prescribed in areas that have 
                been scientifically identified as fire-adapted 
                ecosystems.
            (3) Application to other projects.--Notwithstanding any 
        other provision of law, any treatments or manual pre-treatments 
        to reduce severe fire incidence and hazardous fuels as part of 
        any agency projects or programs to reduce the incidence of 
        severe fire and hazardous fuels on Federal public lands shall 
        be performed in a manner consistent with this subsection, this 
        section, and section 4.
    (k) Uses of Forest Materials That Result From Ecological 
Restoration or Pre-Treatments To Reduce Severe Fire Incidence and 
Hazardous Fuels.--A hierarchy of use of forest materials that result 
from manual pre-treatments in fire-adapted ecosystems or ecological 
restoration (such as saplings, bushes, fine surface fuels, and 
materials from plantations that are being restored back to native 
forests) is established in the following order:
            (1) Forest materials shall be left as biomass on the forest 
        floor, lopped, scattered, and burned, if prescribed, or shall 
        be left as species habitat in the form of downed woody debris 
        in the project area.
            (2) If removal of forest material is necessary for 
        ecological restoration or because the area is pre-treated in 
        accordance with subsection (j), that material shall be used for 
        recreation or maintenance projects in the same unit of Federal 
        public land, such as trails, bridges or facilities, or for 
        restoration projects such as woody debris in streams, woody 
        debris to provide species habitat, or for biomass to build soil 
        in other areas of the same unit of Federal public land.
            (3) Any excess material not used as described in paragraph 
        (2) may only be used for public purposes, and not for private 
        or public commercial gain. This material may be provided for 
        personal noncommercial uses, such as firewood or other 
        subsistence uses, or for other public noncommercial purposes. 
        Other public purposes may include, but are not limited to, the 
        processing of these forest materials for uses such as fuel for 
        low-income households, or, in limited circumstances, timber for 
        low-income housing provided by a not for profit venture 
        registered by the Department of Housing and Urban Development.
    (l) Relation to Other Requirements.--Any activities undertaken 
pursuant to subsection (k) or the rest of this section must be 
undertaken in strict compliance with section 4.

SEC. 8. WORKER RETRAINING.

    (a) Eligible Individual Defined.--For the purposes of this section, 
the term ``eligible individual'' means an individual who--
            (1) is a dislocated worker, as that term is defined in 
        section 101 of the Workforce Investment Act of 1998 (Public Law 
        105-220; 112 Stat. 939; 29 U.S.C. 2801); and
            (2) has been terminated or laid off, or has received a 
        notice of termination or lay off, as a consequence of the 
        enactment of this Act, or as a consequence of management 
        decisions on Federal public lands prior to the enactment of 
        this Act.
    (b) Determinations of Eligibility.--The determination of whether an 
individual is an eligible individual shall be made by the Secretary of 
Labor, pursuant to criteria established by the Secretary of Labor, in 
consultation with the Secretaries of Agriculture and the Interior.
    (c) Grants Authorized.--The Secretary of Labor may make grants to 
States, employers, employer associations, and representatives of 
employees--
            (1) to provide training, adjustment assistance, and 
        employment services to eligible individuals; and
            (2) to make needs-related payments to eligible individuals 
        in accordance with subsection (h).
    (d) Priority and Approval.--
            (1) Priority.--In reviewing applications for grants under 
        subsection (c), the Secretary of Labor shall give priority to 
        applications proposing to provide training, adjustment 
        assistance, and services in areas which have the greatest 
        number or percentage of eligible individuals.
            (2) Needs-related payments required.--The Secretary of 
        Labor shall not approve an application for a grant under 
        subsection (c) unless the application contains assurances that 
        the applicant will use grant funds to provide needs-related 
        payments in accordance with subsection (h).
    (e) Use of Funds.--Subject to the requirements of subsections (f), 
(g), and (h), grants under subsection (c) may be used for any purpose 
for which funds may be used under section 134 of the Workforce 
Investment Act of 1998 (Public Law 105-220; 112 Stat. 990; 29 U.S.C. 
2864).
    (f) Job Search Allowance.--
            (1) Allowance authorized.--Grants under subsection (c) for 
        adjustment assistance may be used to provide job search 
        allowances to eligible individuals. Such allowance, if granted, 
        shall provide reimbursement to the individual of not more than 
        90 percent of the cost of necessary job search expenses, as 
        prescribed by regulations of the Secretary of Labor, but may 
        not exceed $1,200 unless the need for a greater amount is 
justified in the application and approved by the Secretary of Labor.
            (2) Criteria for granting job search allowances.--A job 
        search allowance may be granted only--
                    (A) to assist an eligible individual who has been 
                totally separated in securing a job within the United 
                States; and
                    (B) where the Secretary of Labor determines that 
                such employee cannot reasonably be expected to secure 
                suitable employment in the commuting area in which the 
                worker resides.
    (g) Relocation Allowance.--
            (1) Allowance authorized.--Grants under subsection (c) for 
        adjustment assistance may be used to provide relocation 
        allowances to eligible individuals. Such an allowance may only 
        be granted to assist an eligible individual in relocating 
        within the United States and only if the Secretary of Labor 
        determines that such employee;
                    (A) cannot reasonably be expected to secure 
                suitable employment in the commuting area in which the 
                employee resides;
                    (B) has obtained suitable employment affording a 
                reasonable expectation of long-term duration in the 
                area in which the employee wishes to relocate, or has 
                obtained a bona fide offer of such employment, and
                    (C) is totally separated from employment at the 
                time relocation commences.
            (2) Amount of relocation allowance.--The amount of any 
        relocation allowance for any eligible individual may not exceed 
        the amount which is equal to the sum of--
                    (A) 90 percent of the reasonable and necessary 
                expenses, specified in regulations prescribed by the 
                Secretary, incurred in transporting an individual and 
                the individual's family, if any, and household effects; 
                and
                    (B) a lump sum equivalent to 3 times the employee's 
                average weekly wage, up to a maximum payment of $1,200, 
                unless the need for a greater amount is justified in 
                the application and approved by the Secretary of Labor.
    (h) Needs-Related Payments.--The Secretary of Labor shall prescribe 
regulations with respect to the use of funds from grants under 
subsection (c) for needs-related payments in order to enable eligible 
individuals to complete training or education programs under this 
section. Such regulations shall--
            (1) require that such payments shall be provided to an 
        eligible individual only if such individual--
                    (A) does not qualify or has ceased to qualify for 
                unemployment compensation;
                    (B) has been enrolled in training by the end of the 
                13th week of the individual's initial unemployment 
                compensation benefit period, or, if later, the end of 
                the 8th week after an individual is informed that a 
                short-term layoff will in fact exceed six months; and
                    (C) is participating in training or education 
                programs under this section, except that such 
                regulations shall protect an individual from being 
                disqualified pursuant to this clause for a failure to 
                participate that is not the fault of the individual;
            (2) provide that to qualify for such payments the 
        individual currently receives, or is a member of a family which 
        currently receives, a total family income (exclusive of 
        unemployment compensation, child support payments, and welfare 
        payments) which, in relation to family size, is not in excess 
        of the lower living standard income level;
            (3) provide that the levels of such payments shall be equal 
        to the higher of--
                    (A) the applicable level of unemployment 
                compensation; or
                    (B) the poverty level determined in accordance with 
                criteria established by the Director of the Office of 
                Management and Budget;
            (4) provide for the adjustment of payments to reflect 
        changes in total family income; and
            (5) provide that the grantee shall obtain information with 
        respect to such income, and changes therein, from the eligible 
        individual.
    (i) Regulations.--The Secretary of Labor shall prescribe 
regulations to carry out this section not later than 180 days after the 
date of enactment of this Act.

SEC. 9. ALLOCATION OF FUNDS.

    (a) Availability of Certain Accounts.--Notwithstanding any other 
provision of law, from the date of the enactment of this Act through 
the duration of the two-year phase-out period provided in section 5 
plus two years thereafter, all funds in each of the following Forest 
Service and Bureau of Land Management accounts, including any funds 
deposited into these accounts during the two-year phase-out period, 
shall be used only to carry out this Act:
            (1) Timber salvage funds (including the Salvage Sale Fund 
        established under section 14(h) of the National Forest 
        Management Act of 1976 (16 U.S.C. 472a(h))).
            (2) The fund established under section 3 of the Act of June 
        9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C 
        576b).
            (3) The fund containing moneys associated with the 
        Purchaser-Elect Roads Program under section 6 of Public Law 88-
        657 (commonly known as the Forest Roads And Trails Act; 16 
        U.S.C. 537).
    (b) Allocation of Timber Sales Revenues During Phase-Out Period.--
Notwithstanding any other provision of law, from the date of the 
enactment of this Act through the duration of the two-year phase-out 
period, all timber sale revenues from Federal public lands shall be 
deposited in the fund established under section 3 of the Act of June 9, 
1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C 576b).
    (c) Abolishment of Accounts.--Notwithstanding any other provision 
of law, the funds referred to in subsection (a) shall be used to carry 
out this section until no funds remain in such accounts, after which 
these accounts shall be abolished.
    (d) Worker Retraining.--Monies shall be distributed from the funds 
referred to in subsection (a) to carry out section 8. Such 
distributions shall be made in amounts up to $80,000,000 in the first 
year of the phase-out period, and $80,000,000 and $120,000,000, 
respectively, in the subsequent two years.
    (e) Natural Heritage Restoration Planning.--From the funds referred 
to in subsection (a), up to a sum of $100,000,000 shall be made 
available to the Secretary of the Interior and the Secretary of 
Agriculture to carry out subsections (d) and (e) of section 7 until 
such time as the Natural Heritage Restoration Plans required by 
subsection (d) of such section have been incorporated into the 
management plans for each unit of Federal public lands.
    (f) Alternatives to Wood.--From the funds referred to in subsection 
(a), at least $1,000,000 and up to $3,000,000 shall be distributed to 
the Environmental Protection Agency to fund an investigation into wood-
free alternative products for paper and construction. Within one year 
after the date of the enactment of this Act, the Administrator of the 
Environmental Protection Agency shall make recommendations for grants 
to entities involved in the development and production of the most 
environmentally sound nonwood alternatives for paper and construction 
products, including entities involved in using agricultural residues to 
produce paper. Up to $100,000,000 from the funds referred to in 
subsection (a) shall be made available to the Environmental Protection 
Agency for such grants, which shall be made within three years after 
the date of the enactment of this Act.
    (g) Public Education and Assistance To Reduce Structure Flamability 
in Urban-Wildland Intermix Areas.--From the funds referred to in 
subsection (a), up to $15,000,000 shall be used annually to educate 
owners of structures on non-Federal land adjacent to Federal public 
lands about ways in which these structures can be protected from forest 
fires by reducing the flammability of a structure and the area within 
40 meters of a structure. Both technical support and financial 
assistance, in coordination or collaboration with existing State and 
local programs, to the extent possible, shall be provided where, and to 
the extent, appropriate.
    (h) Allocation of Remaining Funds.--Any funds remaining in the 
accounts referred to in subsection (a) in the fourth year after the 
date of the enactment of this Act shall be deposited into the general 
fund of the United States Treasury.

SEC. 10. CONTINUATION OF PAYMENTS FOR STATES AND COUNTIES CONTAINING 
              FEDERAL PUBLIC LANDS UNDER PUBLIC LAW 106-393.

    (a) Continuation of Payments After Fiscal Year 2006.--The Secure 
Rural Schools and Community Self-Determination Act of 2000 (Public Law 
106-393; 16 U.S.C. 500 note) is amended--
            (1) in section 101(a), by striking ``years 2001 through 
        2006,'' both places it appears and inserting ``year 2001 and 
        thereafter,'';
            (2) in section 102(b)(2), by striking ``through fiscal year 
        2006''; and
            (3) in section 103(b)(1), by striking ``through fiscal year 
        2006''.
    (b) Termination of Requirement to Reserve Funds for Forest 
Projects.--(1) Section 102(d) of such Act is amended by adding at the 
end the following new paragraph:
            ``(4) Termination of allocation and election 
        requirements.--This subsection shall not apply in the case of 
        payments made under subsection (a) for fiscal year 2007 and 
        thereafter.''.
    (2) Section 103(c) of such Act is amended by adding at the end the 
following new paragraph:
            ``(4) Termination of allocation and election 
        requirements.--This subsection shall not apply in the case of 
        payments made under subsection (a) for fiscal year 2007 and 
        thereafter. The entire payment amount shall be expended as 
        required by the laws referred to in subsection (a)(1).''.

SEC. 11. ENFORCEMENT BY CITIZENS.

    (a) Purpose and Finding.-- The purpose of this section is to foster 
the widest possible enforcement of this Act. Congress finds that all 
people of the United States are injured by any action that violates the 
provisions of this Act on all lands to which this Act applies.
    (b) Citizen Suits Authorized.--Any person may commence a civil 
action against any person, including the United States, who is alleged 
to be in violation of this Act. The action shall be brought in the 
district court for the district in which the alleged violation occurred 
or the United States District Court for the District of Columbia. When 
the United States is a defendant, venue may also be in the district 
court for the district in which the office of any officer or employee 
of the United States who is alleged to be involved in the violation is 
located. The district court shall have jurisdiction without regard to 
the amount in controversy or the citizenship of the parties.
    (c) Relief.--If the court determines that a violation of this Act 
has occurred, the court may issue an injunction and provide other 
appropriate equitable relief as the court considers necessary. If the 
plaintiff is the prevailing or substantially prevailing party, the 
court may award to the plaintiff reasonable costs of the litigation, 
including attorney fees, witness fees, and other necessary expenses. 
When the United States is a defendant, any award of costs of litigation 
against the United States shall be paid by the United States within 40 
days after judgment.
    (d) Standard of Proof.--The standard of proof in all actions 
brought under this section shall be the preponderance of the evidence 
and the trial shall be de novo.
    (e) Waiver of Sovereign Immunity.--The United States, including its 
agencies, agents, and employees, waives its sovereign immunity in all 
respects in all actions under this section. No notice is required to 
enforce this section.
                                 <all>
```