I

107TH CONGRESS

1ST SESSION H. R. 2119

To establish a program to designate, restore, and sustain historic native

forests on National Forest System lands, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 8, 2001

Mr. SIMPSON introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Resources,

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 establish a program to designate, restore, and sustain

historic native forests on National Forest System lands,

and for other purposes.

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 Historic Forests Act of 2001’’.

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

7 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions, findings, and policy Statement.
2

•HR 2119 IH

TITLE I—NATIONAL REGISTER OF HISTORIC FORESTS

Sec. 101. Establishment and maintenance of National Register of Historic Forests.

Sec. 102. Administration and management of national historic forests.

Sec. 103. Restoration of national historic forests.

Sec. 104. Maintenance of restored national historic forests.

Sec. 105. Forest plan amendments.

Sec. 106. Grants.

Sec. 107. National Historic Forest Restoration Fund.

Sec. 108. Donations.

Sec. 109. Reports and public participation.

TITLE II—ADVISORY COUNCIL ON FOREST RESTORATION

Sec. 201. Establishment.

Sec. 202. Duties.

Sec. 203. Membership.

Sec. 204. Director, general counsel, and staff of Council; experts and consultants.

Sec. 205. Powers of Council.

Sec. 206. Applicability of the Federal Advisory Committee Act.

Sec. 207. Authorization of appropriations.

TITLE III—LOCAL MANAGEMENT ADVISORY COMMITTEES

Sec. 301. Establishment.

Sec. 302. Duties.

Sec. 303. Membership.

Sec. 304. Powers of Committee.

Sec. 305. Applicability of the Federal Advisory Committee Act.

1 SEC. 2. DEFINITIONS, FINDINGS, AND POLICY STATEMENT.

2 (a) DEFINITIONS.—In this Act:

3 (1) COMMITTEE.—The term ‘‘Committee’’

4 means a Local Management Advisory Committee es5 tablished by the Council under section 301.

6 (2) COUNCIL.—The term ‘‘Council’’ means the

7 Advisory Council on Forest Restoration established

8 under section 201.

9 (3) MANAGEMENT PLAN.—The term ‘‘manage10 ment plan’’ means the management plan required

11 for a national historic forest by section 102.
3

•HR 2119 IH

1 (4) NATIONAL FOREST SYSTEM.—The term

2 ‘‘National Forest System’’ means all national forest

3 lands reserved or withdrawn from the public domain

4 of the United States.

5 (5) NATIONAL HISTORIC FOREST.—The term

6 ‘‘national historic forest’’ means a parcel of National

7 Forest System lands, or a collection of such parcels,

8 included on the National Register of Historic For9 ests.

10 (6) NATIONAL REGISTER.—The term ‘‘National

11 Register’’ means the National Register of Historic

12 Forests established and maintained by the Secretary

13 under section 101.

14 (7) REFERENCE NATIVE FOREST.—The term

15 ‘‘reference native forest’’, with respect to a par16 ticular national historic forest, means the way the

17 forest appeared at or about the time it was first seen

18 by Europeans. The Secretary may modify the de19 scription of a reference native forest to account for

20 advances in knowledge or changes in climate or

21 other forces of nature.

22 (8) RESTORATION FUND.—The term ‘‘Restora23 tion Fund’’ means the National Historic Forest Res24 toration Fund.
4

•HR 2119 IH

1 (9) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of Agriculture.

3 (b) FINDINGS.—The Congress finds the following:

4 (1) The spirit and direction of the United

5 States are influenced and reflected in its native for6 ests and cultural heritage.

7 (2) Native forests in the United States devel8 oped in response to lightning fires and other phys9 ical forces, including thousands of years of steward10 ship and use by America’s native peoples.

11 (3) Forests significant to the Nation’s natural

12 and cultural heritage are being lost or substantially

13 altered due to—

14 (A) high tree densities;

15 (B) large and destructive fires, insect in16 festations, and disease outbreaks;

17 (C) successional replacement of trees and

18 other plants that require abundant sunlight by

19 those that grow in shade;

20 (D) large patch sizes and a low variety of

21 successional stages in forest mosaics which

22 make forests more uniform and less diverse;

23 (E) invasive non-native species; and

24 (F) development and other influences.
5

•HR 2119 IH

1 (4) Examples of native forests that are being

2 lost or substantially altered include:

3 (A) In the East—

4 (i) white pine forests, which no longer

5 cover large areas and contain few trees

6 that reach the great size of those that ex7 isted at the time of settlement;

8 (ii) oak-chestnut forests, which are

9 nearly extinct; and

10 (iii) hardwood forests (including oak),

11 which are being replaced by maple.

12 (B) In the South, longleaf pine savannas,

13 which had the highest species richness of any

14 forest in North America and are nearly extinct.

15 (C) In the Great Plains, the oak-hickory

16 savanna, which once held early travelers spell17 bound because of its richness and beauty.

18 (D) In the Inland West—

19 (i) pin ̃on-juniper woodlands, which are

20 being taken over by juniper;

21 (ii) ponderosa pine forests, which are

22 becoming so thick with small trees that

23 grass and wildflowers can no longer grow

24 within the forest; and
6

•HR 2119 IH

1 (iii) aspen forests, which because of

2 increases in the density of pine and other

3 conifers are rapidly disappearing as a dis4 tinct forest type throughout their range.

5 (E) In the Southwest, Douglas-fir forests,

6 which are being replaced by white fir.

7 (F) In the northern Rocky Mountains,

8 lodgepole pine and western larch forests, which

9 are being replaced by spruce and fir.

10 (G) In California and the Pacific

11 Northwest—

12 (i) ponderosa pine, giant sequoia, and

13 mixed-conifer forests, which were once

14 open and patchy and are being replaced

15 with thick forests of shorter lived and

16 smaller white fir;

17 (ii) open oak woodlands, which used

18 to spread over vast areas and are being re19 placed with brush and conifers;

20 (iii) cathedral groves of Douglas-fir,

21 which are reaching the end of their life ex22 pectancy and are being replaced by less

23 stately forests of shade tolerant species

24 such as western hemlock; and
7

•HR 2119 IH

1 (iv) redwood forests, which are likely

2 to dwindle in area and be replaced by a

3 more shade tolerant forest of hemlock, fir,

4 and bay.

5 (5) Fire hazards are increasing in many forests

6 as they grow older and become denser, and these

7 conditions are placing greater risks on public health,

8 public safety, and property.

9 (6) The ecological and cultural heritage of na10 tive forests in the United States should be restored

11 and sustained as a living part of the country’s his12 tory, community life, and development in order to

13 give a sense of orientation to the American people.

14 (7) The restoration and maintenance of this ir15 replaceable forest heritage is in the public interest so

16 that its legacy of biological, cultural, educational, es17 thetic, inspirational, historical, and economic bene18 fits will be sustained and enriched for future genera19 tions of Americans.

20 (8) The restoration and maintenance of native

21 forests in the United States is also in the public in22 terest because it will significantly reduce risks to

23 public health, safety, and property while enhancing

24 the economies of local communities.
8

•HR 2119 IH

1 (9) The present Federal and non-Federal forest

2 restoration and management programs are inad3 equate to ensure future generations an opportunity

4 to appreciate and enjoy the rich forest heritage of

5 the United States.

6 (10) The increased knowledge of our prehistoric

7 and historic native forests, the establishment of bet8 ter means of identifying and administering them,

9 and the encouragement of their restoration and

10 maintenance will improve the health and diversity of

11 the Nation’s forests, reduce threats to local commu12 nities from wildfires, greatly improve habitat for

13 threatened and endangered species, and assist eco14 nomic growth and development.

15 (11) Although the restoration of forests on non16 Federal land has been carried out by States, local

17 governments, Indian tribes, and private entities and

18 individuals, it is nevertheless necessary and appro19 priate for the Forest Service to accelerate its res20 toration programs and activities on National Forest

21 System lands and to give encouragement to and as22 sist States, local governments, Indian tribes, and

23 private entities and individuals to expand and accel24 erate their forest restoration programs and activi25 ties.
9

•HR 2119 IH

1 (c) POLICY.—It shall be the policy of the Federal

2 Government, in cooperation with other nations and in

3 partnership with the States, local governments, Indian

4 tribes, and private entities and individuals, to—

5 (1) use measures, including financial and tech6 nical assistance, to foster conditions under which

7 modern society and native forests in the United

8 States can exist in productive harmony and fulfill

9 the historical, social, economic, and other needs of

10 present and future generations;

11 (2) provide leadership in the restoration and

12 maintenance of the prehistoric and historic charac13 teristics of native forests of the United States and

14 the international community and in the administra15 tion of the forest restoration and maintenance pro16 grams;

17 (3) administer native forests on National Forest

18 System lands in a spirit of historical stewardship for

19 the inspiration and benefit of present and future

20 generations; and

21 (4) contribute to the restoration and mainte22 nance of non-federally owned native forests and give

23 encouragement to States, local governments, and

24 private entities and individuals to undertake, ex-
10

•HR 2119 IH

1 pand, and accelerate their forest restoration pro2 grams and activities.

3 TITLE I—NATIONAL REGISTER

4 OF HISTORIC FORESTS

5 SEC. 101. ESTABLISHMENT AND MAINTENANCE OF NA6 TIONAL REGISTER OF HISTORIC FORESTS.

7 (a) REGISTER AUTHORIZED.—The Secretary of Agri8 culture shall establish and maintain a National Register

9 of Historic Forests consisting of designated National For10 est System lands that are or, after reasonable restoration,

11 will be representative of prehistoric or historic landscapes

12 significant in the history and culture of the United States.

13 (b) CRITERIA FOR INCLUSION OR REMOVAL.—

14 (1) ESTABLISHMENT.—The Secretary shall es15 tablish (and revise as necessary) the criteria to be

16 used by the Secretary to include National Forest

17 System lands on the National Register as a national

18 historic forest or remove previously designated Na19 tional Forest System lands from the National Reg20 ister.

21 (2) SUSTAINABILITY.—The Secretary shall give

22 due consideration to the size and location of a parcel

23 of National Forest System lands being considered

24 for inclusion on the National Register to ensure the
11

•HR 2119 IH

1 long-term ecological and economic sustainability of

2 the lands.

3 (c) NOMINATIONS.—The Secretary may accept nomi4 nations for the inclusion on, or removal from, the National

5 Register of certain National Forest System lands.

6 (d) PUBLIC NOTICE AND COMMENT.—When Na7 tional Forest System lands are being considered for inclu8 sion on, or removal from, the National Register, the Sec9 retary shall provide—

10 (1) notice to the State in which the lands are

11 located, appropriate local governments, and the gen12 eral public; and

13 (2) an opportunity for public comment.

14 (e) ADMINISTRATIVE APPEALS.—The Secretary shall

15 issue rules providing for the administrative appeal of a

16 decision of the Secretary to designate a national historic

17 forest, refuse to include National Forest System lands on

18 the National Register, or remove designated National For19 est System lands from the National Register.

20 (f) CONSULTATION WITH COUNCIL.—The Secretary

21 shall establish and revise the criteria required by sub22 section (b), review nominations received under subsection

23 (c), and make decisions regarding the inclusion of Na24 tional Forest System lands on, or the removal of such
12

•HR 2119 IH

1 lands from, the National Register in consultation with the

2 Advisory Council on Forest Restoration.

3 (g) MAP AND LEGAL DESCRIPTION.—

4 (1) PREPARATION.—As soon as practicable

5 after the designation of a national historic forest,

6 the Secretary shall prepare a map and legal descrip7 tion of the national historic forest. The map and

8 legal description shall have the same force and effect

9 as if included in this Act, except that the Secretary

10 may correct clerical and typographical errors in the

11 map and legal description.

12 (2) SUBMISSION AND AVAILABILITY.—The Sec13 retary shall submit the map and legal description to

14 the Committee on Agriculture, Nutrition, and For15 estry of the Senate and the Committee on Resources

16 of the House of Representatives. Each map and

17 legal description shall also be on file and available

18 for public inspection in the Office of the Chief of the

19 Forest Service.

20 SEC. 102. ADMINISTRATION AND MANAGEMENT OF NA21 TIONAL HISTORIC FORESTS.

22 (a) ADMINISTRATION.—Subject to valid existing

23 rights, the Secretary, acting through the Forest Service,

24 shall administer the national historic forests in accordance
13

•HR 2119 IH

1 with this Act and rules issued by the Secretary to carry

2 out this Act.

3 (b) MANAGEMENT PLAN.—

4 (1) PREPARATION.—The Committee responsible

5 for a national historic forest shall prepare a draft

6 management plan for the restoration and mainte7 nance of the national historic forest. The manage8 ment plan shall be based on documentation of the

9 reference native forest and shall be consistent with

10 this Act.

11 (2) SPECIAL CONSIDERATION.—The manage12 ment plan for a national historic forest shall give

13 special consideration to —

14 (A) protecting human health and safety

15 and public and private property;

16 (B) helping sustain the economies of local

17 communities;

18 (C) providing recreational access; and

19 (D) reducing visible signs of management

20 to the minimum level practicable without im21 pairing the activities required to achieve the

22 restoration goal.

23 (3) SUBMISSION AND REVIEW.—The Committee

24 shall submit the draft management plan to the
14

•HR 2119 IH

1 Council and the Secretary for review and, subject to

2 approval by the Secretary, implementation.

3 (4) RELATIONSHIP TO ENVIRONMENTAL

4 LAWS.—Nothing in this section exempts the develop5 ment or implementation of a management plan from

6 any Federal environmental law.

7 (c) APPROVAL, REVISION, SUSPENSION, REVOCA8 TION.—

9 (1) RESPONSIBILITIES OF SECRETARY.—The

10 Secretary may approve for implementation a draft

11 management plan for a national historic forest, re12 vise a management plan as a condition on approval

13 or after approval, or suspend or revoke a manage14 ment plan after approval, as necessary to satisfy the

15 policy specified in section 2(c).

16 (2) MANAGEMENT EVALUATION.—Not less than

17 once every four years after the designation of a na18 tional historic forest, the Secretary shall evaluate the

19 management of the national historic forest to deter20 mine whether the restoration and management of

21 the forest is consistent with the approved manage22 ment plan and in compliance with this Act.

23 (3) EFFECT OF NONCOMPLIANCE.—If, at any

24 time, the Secretary determines that a major aspect

25 of the management plan for a national historic for-
15

•HR 2119 IH

1 est is not consistent with this Act, or that restora2 tion and management activities are being carried out

3 contrary to the management plan, the Secretary

4 shall—

5 (A) revoke the management plan, including

6 any contracts or cooperative agreements entered

7 into under the management plan;

8 (B) suspend in whole or in part the man9 agement plan, including any contracts or coop10 erative agreements entered into under the man11 agement plan, until the plan or activities are

12 consistent with this Act; or

13 (C) take such steps as are necessary to en14 sure that the management plan and restoration

15 and management activities under the plan are

16 once again consistent with this Act within a

17 reasonable period of time.

18 (4) OVERSIGHT METHODS.—The Secretary

19 shall establish oversight methods that, while ensur20 ing the consistency and quality of management

21 plans, do not impose undue review burdens on the

22 Forest Service.

23 (d) FISCAL AUDITS.—The Secretary may conduct

24 periodic fiscal audits of restoration and management ac25 tivities carried out under an approved management plan
16

•HR 2119 IH

1 as needed and shall ensure that such activities meet appli2 cable accountability standards.

3 (e) CONSULTATION WITH COUNCIL.—The Secretary

4 shall carry out this section in consultation with the Coun5 cil.

6 SEC. 103. RESTORATION OF NATIONAL HISTORIC FORESTS.

7 (a) RESTORATION GOAL.—The goal of restoration is

8 to restore and sustain, to the extent practicable, a national

9 historic forest to a condition that simulates or resembles

10 the structure and function of the reference native forest

11 while also serving society’s contemporary need for forest

12 products and services.

13 (b) SPECIAL CONSIDERATIONS.—In attempting to

14 achieve the restoration goal for a national historic forest,

15 special consideration shall be given to ensuring the ecologi16 cal and economic sustainability of a restored forest, main17 taining native biological diversity, controlling or reducing

18 or eliminating invasive nonnative species, maintaining soil

19 productivity, and improving water quality.

20 (c) ROLE OF LOCAL COMMITTEE.—The Local Com21 mittee for a national historic forest shall assist the Sec22 retary in documenting the reference native forest and in

23 monitoring and assessing the effectiveness of restoration,

24 based on—
17

•HR 2119 IH

1 (1) the relative proportions of patches of vege2 tation in various stages of development that formed

3 the reference native forest mosaic;

4 (2) the sizes, shapes, structures, and orienta5 tion of vegetation patches on the landscape;

6 (3) the composition, ages, sizes, and density of

7 plants and standing and fallen dead trees within

8 patches; and

9 (4) the composition and populations of native

10 wildlife that depended on the reference native forest

11 mosaic.

12 (d) USE OF COST-EFFECTIVE RESTORATION METH13 ODS.—The restoration of a national historic forest shall

14 be conducted with the most cost-effective methods avail15 able, including timber harvesting, reintroduction or control

16 of plant and animal species, planting, precommercial and

17 commercial thinning, grazing, prescribed burning, control

18 or suppression of fire, or, where appropriate and effective,

19 temporary or permanent protection.

20 SEC. 104. MAINTENANCE OF RESTORED NATIONAL HIS21 TORIC FORESTS.

22 (a) COST-EFFECTIVE MANAGEMENT.—When the ini23 tial restoration of a national historic forest is achieved,

24 the Forest Service shall use the most cost-effective meth25 ods available to mimic the natural and cultural historical
18

•HR 2119 IH

1 processes that created and sustained the reference native

2 forest including timber harvesting, control of plant and

3 animal species, planting, precommercial and commercial

4 thinning, grazing, prescribed burning, control or suppres5 sion of fire, or, where appropriate and effective, temporary

6 or permanent protection.

7 (b) ROLE OF NATURAL FOREST DISTURBANCES.—

8 When the Secretary considers it to be safe, effective, and

9 ecologically and economically acceptable, management to

10 sustain a restored national historic forest should accom11 modate the effects of natural disturbances, such as wind,

12 lightning fires, and insect and disease infestations.

13 SEC. 105. FOREST PLAN AMENDMENTS.

14 (a) CORRESPONDING FOREST PLAN AMEND15 MENTS.—Within two years after the designation of a na16 tional historic forest, the Secretary shall initiate the proc17 ess to amend or revise the land and resource management

18 plan for the unit of the National Forest System encom19 passing the national historic forest—

20 (1) to incorporate the national historic forest

21 and its approved management plan; and

22 (2) to make other changes warranted by the

23 analyses conducted in compliance with section

24 102(2) of the National Environmental Policy Act of

25 1969 (42 U.S.C. 4332(2)), section 6 of the Forest
19

•HR 2119 IH

1 and Rangeland Renewable Resources Planning Act

2 of 1974 (16 U.S.C. 1604), and other applicable

3 laws.

4 (b) REVIEW OF FOREST THREATS.—At least once

5 every four years, the Secretary shall review significant

6 threats to national historic forests and National Forest

7 System lands, not yet designated as a national historic for8 est but appropriate for inclusion on the National Register,

9 to —

10 (1) determine the kinds of threats to these for11 ests and lands and the severity of these threats;

12 (2) ascertain the causes of the threats; and

13 (3) develop and submit to the Congress rec14 ommendations for appropriate action.

15 (c) CONSULTATION WITH COUNCIL.—The Secretary

16 shall carry out this section in consultation with the Coun17 cil.

18 SEC. 106. GRANTS.

19 (a) GRANTS AUTHORIZED.—The Secretary shall ad20 minister a program of matching or direct grants to States,

21 local governments, Indian tribes, and private entities and

22 individuals for the purposes of carrying out this Act,

23 including—
20

•HR 2119 IH

1 (1) the establishment and conduct of education,

2 training, and technical assistance programs in forest

3 restoration;

4 (2) the distribution of forest restoration infor5 mation and technologies; and

6 (3) the support for research, analysis, conserva7 tion, curation, demonstration projects, interpreta8 tion, and display related to forest restoration.

9 (b) SPECIAL ROLE FOR INDIAN TRIBES.—The Sec10 retary, in consultation with the Council, may enter into

11 an agreement with an Indian tribe to permit traditional

12 land use and management practices in a national historic

13 forest that the Secretary determines will help to restore

14 the national historic forest, or sustain the restored na15 tional historic forest, so long as the traditional land use

16 and management practices were part of the history of the

17 reference native forest, are consistent with the approved

18 management plan, and otherwise further the policy speci19 fied in section 2(c).

20 (c) RULES.—No grant may be made or agreement

21 entered into under this section unless—

22 (1) an application therefore is submitted to the

23 Secretary in such form and containing such informa24 tion as the Secretary may require; and
21

•HR 2119 IH

1 (2) the grantee agrees to make such reports, in

2 such form and containing such information, as the

3 Secretary may require, and complies with such other

4 terms and conditions as the Secretary may require.

5 SEC. 107. NATIONAL HISTORIC FOREST RESTORATION

6 FUND.

7 (a) ESTABLISHMENT.—There is established on the

8 books of the Treasury an account to be known as the Na9 tional Historic Forest Restoration Fund.

10 (b) CREDITS TO RESTORATION FUND.—There shall

11 be credited to the Restoration Fund the following:

12 (1) Revenues due and payable to the United

13 States under the Outer Continental Shelf Lands Act

14 (43 U.S.C. 1331 et seq.), in the following amounts:

15 (A) $25,000,000 for fiscal year 2002.

16 (B) $50,000,000 for fiscal year 2003.

17 (C) $100,000,000 for each of fiscal years

18 2004 through 2010.

19 (2) If revenues from the source described in

20 paragraph (1) are insufficient, given other require21 ments on the deposit and use of such revenues, the

22 difference shall be derived from amounts paid into

23 the Treasury under section 35 the Act of February

24 25, 1920 (30 U.S.C. 191; commonly known as the

25 Mineral Leasing Act).
22

•HR 2119 IH

1 (3) Amounts appropriated to the Restoration

2 Fund.

3 (4) Revenues generated from the sale of goods

4 and services produced on national historic forests.

5 (5) Donations received under section 108.

6 (c) USE OF RESTORATION FUND.—In such amounts

7 as provided in appropriation Acts, the Secretary shall use

8 the Restoration Fund to carry out this title. Amounts ap9 propriated shall remain available until expended.

10 (d) OVERHEAD.—The Secretary shall seek to ensure

11 that of the amounts made available to carry out this Act

12 for a fiscal year, not more than 12 percent is used or allo13 cated for general administration or other overhead by the

14 Department of Agriculture.

15 SEC. 108. DONATIONS.

16 (a) ACCEPTANCE.—In furtherance of this Act, the

17 Secretary may accept the donation of funds for deposit

18 in the Restoration Fund.

19 (b) USE OF DONATIONS.—In expending donated

20 funds, the Secretary shall give due consideration to the

21 expressed intentions of the donor. Donated funds obli22 gated under section 106 as grants may be made available

23 without regard to any matching requirement imposed by

24 the Secretary under such section.
23

•HR 2119 IH

1 SEC. 109. REPORTS AND PUBLIC PARTICIPATION.

2 (a) IMPLEMENTATION REPORT.—Not later than one

3 year after the date of the enactment of this Act, the Sec4 retary shall submit to the Congress a report describing

5 the manner in which National Forest System lands are

6 being included on the National Register or determined to

7 be eligible for inclusion on the National Register, including

8 the appropriateness of the criteria used in determining

9 such eligibility and the effect, if any, of inclusion of lands

10 on the National Register.

11 (b) PUBLIC PARTICIPATION.—In preparing the re12 port, the Secretary shall consult with, and consider the

13 views and comments of other Federal agencies, as well as

14 interested individuals and public and private organiza15 tions, and shall include representative comments received

16 as an appendix to the report.

17 TITLE II—ADVISORY COUNCIL

18 ON FOREST RESTORATION

19 SEC. 201. ESTABLISHMENT.

20 There is established a council to be known as the

21 ‘‘Advisory Council on Forest Restoration’’.

22 SEC. 202. DUTIES.

23 (a) ADVISORY FUNCTIONS.—

24 (1) RECOMMENDATIONS TO THE SECRETARY.—

25 The Council shall advise and make recommendations

26 to the Secretary regarding—
24

•HR 2119 IH

1 (A) the designation of National Historic

2 Forests;

3 (B) the restoration of National Historic

4 Forests;

5 (C) the review and approval or disapproval

6 of management plans prepared by any Com7 mittee under section 302(a)(3);

8 (D) methods to coordinate the activities of

9 Federal, State, and local agencies and private

10 persons relating to forest restoration;

11 (E) research, practices, and information

12 dissemination related to forest restoration;

13 (F) the need for, and implementation of,

14 studies related to forest restoration activities

15 (including studies related to the adequacy of

16 legislation and regulations related to forest res17 toration); and

18 (G) the development of guidelines to assist

19 State and local governments in drafting legisla20 tion related to forest restoration.

21 (2) RECOMMENDATIONS TO OTHER FEDERAL

22 AGENCIES.—The Council shall review the policies

23 and programs of other Federal agencies related to

24 forest restoration, and shall recommend to such

25 agencies methods to coordinate such policies and
25

•HR 2119 IH

1 programs with the policies and programs carried out

2 under this act to improve the overall effectiveness of

3 such policies and programs.

4 (b) SUBMISSION OF REPORTS.—

5 (1) ANNUAL REPORTS.—The Council shall sub6 mit annually a report to the Secretary and the Con7 gress. The report shall contain a detailed statement

8 regarding each of the following:

9 (A) The activities of the Council.

10 (B) The results of any studies conducted

11 by the Council.

12 (C) The effectiveness of the programs con13 ducted under this Act.

14 (D) Any current or emerging problems re15 garding forest restoration.

16 (E) Any recommendations for legislation or

17 administrative actions that the Council con18 siders appropriate.

19 (F) Any actions by the Council to obtain

20 comments on, or review of, such recommenda21 tions by any officer, agency, or department of

22 the United States.

23 (2) INTERIM REPORTS.—The Council may sub24 mit interim reports to the Secretary and the Con25 gress as the Council considers appropriate.
26

•HR 2119 IH

1 (3) AUTHORITY OF OTHER AGENCIES TO RE2 VIEW.—No officer, agency, or department of the

3 United States shall have any authority to require the

4 Council to submit any report or to reveal the con5 tents of any report (including any recommendations

6 for legislation or administrative actions) to any offi7 cer, agency, or department of the United States be8 fore the Council submits such report to the Sec9 retary and the Congress under paragraph (1) or (2).

10 (c) EDUCATIONAL FUNCTIONS.—The Council shall

11 conduct appropriate programs to inform and educate—

12 (1) the public, in cooperation with appropriate

13 public and private agencies and institutions, regard14 ing forest restoration, opportunities to participate in

15 forest restoration, and training and educational op16 portunities in the field of forest restoration; and

17 (2) Federal departments and agencies, State

18 and local governments, Indian tribes, foreign na19 tions, and private persons regarding the activities of

20 the Council.

21 (d) SUBMISSION OF BUDGET.—

22 (1) TIME OF SUBMISSION.—The Council shall

23 submit its budget annually as a related agency of

24 the Department of Agriculture.
27

•HR 2119 IH

1 (2) NOTIFICATION OF CONGRESS.—Whenever

2 the Council submits any budget estimate or request

3 to the Secretary or the Office of Management and

4 Budget, it shall concurrently transmit copies of that

5 estimate or request to Congress.

6 SEC. 203. MEMBERSHIP.

7 (a) NUMBER AND APPOINTMENT.—The Council shall

8 be composed of 9 members, who represent a broad range

9 of interests, as follows:

10 (1) The Under Secretary for Natural Resources

11 and Environment of the Department of Agriculture

12 (or the Under Secretary’s delegate).

13 (2) The Chief of the Forest Service (or the

14 Chief’s delegate).

15 (3) 2 individuals appointed by the Secretary

16 who are not employees of the Federal Government

17 and who have a knowledge of, or interest in, Na18 tional Historic Forests.

19 (4) 2 individuals appointed by the Secretary

20 who are not employees of the Federal Government

21 and who are specially qualified to serve on the Coun22 cil by virtue of their education, training, or experi23 ence in the field of forest restoration.
28

•HR 2119 IH

1 (5) 2 individuals appointed by the Secretary

2 who are not employees of the Federal Government

3 and who have forest management experience.

4 (6) 1 individual appointed by the Secretary who

5 is not an employee of the Federal Government and

6 who will represent the views of Indian tribes.

7 (b) CONTINUATION OF MEMBERSHIP.—If a member

8 was appointed to the Council because the member was not

9 an employee of the Federal Government and later becomes

10 an employee of the Government, that member may con11 tinue as a member for not longer than the 60-day period

12 beginning on the date that the member becomes such an

13 employee.

14 (c) TERMS.—

15 (1) IN GENERAL.—Each member appointed

16 under paragraphs (3) through (6) of subsection (a)

17 shall be appointed for a term of 4 years, except as

18 otherwise provided in this subsection. Members of

19 the Council may be reappointed.

20 (2) INITIAL APPOINTMENTS.—The Secretary

21 shall make initial appointments under this section

22 not later than 180 days after the date of the enact23 ment of this Act. As designated by the Secretary at

24 the time of appointment, of the members first

25 appointed—
29

•HR 2119 IH

1 (A) 2 members shall be appointed for

2 terms of 3 years;

3 (B) 2 members shall be appointed for

4 terms of 2 years; and

5 (C) 1 member shall be appointed for a

6 term of 1 year.

7 (3) VACANCIES.—A member may serve after

8 the expiration of that member’s term until a suc9 cessor has taken office. A vacancy in the Council

10 shall not affect the powers of the Council, shall be

11 filled not later than 60 days after the vacancy com12 mences, and shall be filled in the manner in which

13 the original appointment was made. Any member ap14 pointed to fill a vacancy occurring before the expira15 tion of the term for which the member’s predecessor

16 was appointed shall be appointed only for the re17 mainder of that term.

18 (d) CHAIRPERSON; VICE CHAIRPERSON.—The Chair19 person and Vice Chairperson of the Council shall be des20 ignated by the Secretary from among the members ap21 pointed under paragraphs (3) through (6) of subsection

22 (a) at the time of such appointment. The Vice Chairperson

23 may act in place of the Chairperson during the absence

24 or disability of the Chairperson or when the office of

25 Chairperson is vacant.
30

•HR 2119 IH

1 (e) MEETINGS.—The Council shall meet at the call

2 of the Chairperson or upon the written request of a major3 ity of its members, but shall meet not less than annually.

4 (f) QUORUM.—7 members of the Council shall con5 stitute a quorum, but a lesser number may hold hearings.

6 (g) COMPENSATION AND REIMBURSEMENT.—

7 (1) IN GENERAL.—To the extent provided in

8 advance in appropriation Acts and except as pro9 vided in paragraph (2), members of the Council shall

10 each be entitled to receive $200 for each day (in11 cluding travel time) during which they are engaged

12 in the actual performance of duties vested in the

13 Council.

14 (2) PROHIBITION OF COMPENSATION OF FED15 ERAL EMPLOYEES.—Members of the Council who

16 are full-time officers or employees of the United

17 States may not receive additional pay, allowances, or

18 benefits by reason of their service on the Council.

19 (3) TRAVEL EXPENSES.—Each member shall

20 receive travel expenses, including per diem in lieu of

21 subsistence, in accordance with applicable provisions

22 under subchapter I of chapter 57 of title 5, United

23 States Code.
31

•HR 2119 IH

1 SEC. 204. DIRECTOR, GENERAL COUNSEL, AND STAFF OF

2 COUNCIL; EXPERTS AND CONSULTANTS.

3 (a) DIRECTOR.—The Council shall have a Director

4 who shall be appointed by the Chairperson with the con5 currence of the Council and the Secretary. The Director

6 shall report to the Council and shall perform such func7 tions and duties as the Council shall prescribe.

8 (b) GENERAL COUNSEL.—The Council shall have a

9 General Counsel who shall be appointed by the Director.

10 The General Counsel shall report to the Director and shall

11 provide such legal functions and duties as the Council

12 shall prescribe.

13 (c) STAFF.—The Director may appoint not more

14 than 3 additional employees of the Council as are nec15 essary to perform the functions of the Council.

16 (d) APPLICABILITY OF CERTAIN CIVIL SERVICE

17 LAWS.—The Director, General Counsel, and staff of the

18 Council shall be appointed subject to the provisions of title

19 5, United States Code, governing appointments in the

20 competitive service, and shall be paid in accordance with

21 the provisions of chapter 51 and subchapter III of chapter

22 53 of such title, relating to classification and General

23 Schedule pay rates.

24 (e) EXPERTS AND CONSULTANTS.—The Director

25 may procure temporary and intermittent services under

26 section 3109(b) of title 5, United States Code.
32

•HR 2119 IH

1 (f) STAFF OF FEDERAL AGENCIES.—Upon request

2 of the Director, the head of any Federal department or

3 agency may detail, on a reimbursable basis, any of the

4 personnel of that department or agency to the Council to

5 assist it in carrying out its duties under this Act.

6 SEC. 205. POWERS OF COUNCIL.

7 (a) HEARINGS AND SESSIONS.—The Council may, for

8 the purposes of carrying out this Act, hold hearings, sit

9 and act at times and places, take testimony, and receive

10 evidence as the Council considers appropriate.

11 (b) POWERS OF MEMBERS AND AGENTS.—Any mem12 ber or agent of the Council may, if authorized by the

13 Council, take any action which the Council is authorized

14 to take by this section.

15 (c) OBTAINING OFFICIAL DATA.—

16 (1) IN GENERAL.—The Council may secure di17 rectly from any department or agency of the United

18 States information necessary to enable it to carry

19 out this Act. Upon request of the Chairperson, the

20 head of that department or agency shall furnish that

21 information to the Council.

22 (2) REPORTS FROM THE SECRETARY.—To as23 sist the Council in carrying out this Act, the Sec24 retary, at the request of the Chairperson, shall pro-
33

•HR 2119 IH

1 vide a report to the Council which describes in

2 detail—

3 (A) the significance of any National Forest

4 System lands nominated for inclusion on the

5 National Register;

6 (B) the anticipated effects of any proposed

7 undertaking on National Forest System lands

8 nominated for, or on, the National Register;

9 and

10 (C) any recommendations of the Secretary

11 regarding measures to avoid, minimize, or miti12 gate any adverse effects on such lands.

13 (d) GIFTS, BEQUESTS, AND DEVISES.—To the

14 extent provided in advance in appropriation Acts,

15 the Council may accept, use, and dispose of gifts, be16 quests, or devises of services or property, both real

17 and personal, for the purpose of aiding the work of

18 the Council.

19 (e) ADMINISTRATIVE SUPPORT SERVICES.—

20 Upon the request of the Council, the Secretary of

21 Agriculture shall provide to the Council, on a reim22 bursable basis, the administrative support services

23 (including services related to budgeting, accounting,

24 financial reporting, personnel and procurement) nec-
34

•HR 2119 IH

1 essary for the Council to carry out its responsibil2 ities under this Act.

3 (f) CONTRACT AUTHORITY.—To the extent pro4 vided in advance in appropriation Acts, the Council

5 may contract with and compensate government and

6 private agencies or persons for supplies and services

7 necessary for the Council to carry out its responsibil8 ities under this Act.

9 SEC. 206. APPLICABILITY OF THE FEDERAL ADVISORY

10 COMMITTEE ACT.

11 The Federal Advisory Committee Act shall not apply

12 to the Council.

13 SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated $500,000 for

15 the fiscal years 2002 through 2010 to carry out this title.

16 TITLE III—LOCAL MANAGEMENT

17 ADVISORY COMMITTEES

18 SEC. 301. ESTABLISHMENT.

19 The Council, in consultation with the Secretary, shall

20 establish such number of committees, as it may from time

21 to time determine to be appropriate. Each such committee

22 shall be established to carry out the purposes of this title

23 with respect to 1 or more national historic forests. Each

24 such committee shall be known as the ‘‘Local Management

25 Advisory Committee’’ for such national historic forests.
35

•HR 2119 IH

1 SEC. 302. DUTIES.

2 (a) IN GENERAL.—Each Committee, with respect to

3 each of the 1 or more national historic forests for which

4 the Committee was established, shall—

5 (1) recommend to the Secretary and the Coun6 cil National Forest System lands, which are geo7 graphically proximate to such national historic for8 ests and which the Committee considers appropriate

9 to list on the National Register;

10 (2) document and describe the relevant ref11 erence forest;

12 (3) prepare management plans consistent with

13 the requirements of section 102;

14 (4) monitor and assess the effectiveness of res15 toration activities;

16 (5) conduct any studies necessary to carry out

17 the duties of the Committee described in paragraphs

18 (1) through (4);

19 (6) advise the Council regarding forest restora20 tion practices, assessments, and information dissemi21 nation;

22 (7) encourage public interest and participation

23 in forest restoration; and

24 (8) inform and educate appropriate State and

25 local governments, Indian tribes, and private persons

26 regarding the activities of the Committee.
36

•HR 2119 IH

1 (b) CONSULTATION.—In carrying out its duties

2 under subsection (a), each Committee shall consult with

3 appropriate Federal and State officials, businesses,

4 loggers, professional foresters, scientists, Native Ameri5 cans, land owners, and other knowledgeable persons.

6 (c) REPORTS.—

7 (1) ANNUAL REPORTS.—Each Committee shall

8 submit annually to the Council a report that con9 tains a detailed and comprehensive description of the

10 activities of the Committee and of the results of any

11 studies conducted by the Committee under sub12 section (a)(5).

13 (2) INTERIM REPORTS.—

14 (A) VOLUNTARY.—Except as provided in

15 subparagraph (B), each Committee may submit

16 interim reports to the Council as the Committee

17 considers appropriate.

18 (B) MANDATORY.—Each Committee shall

19 submit interim reports to the Council at the re20 quest of the Council.

21 SEC. 303. MEMBERSHIP.

22 (a) COMPOSITION OF COMMITTEES.—

23 (1) IN GENERAL.—Each Committee shall be

24 composed of a number of members, who represent a

25 broad range of interests, as follows:
37

•HR 2119 IH

1 (A) 1 forester in the Forest Service.

2 (B) 1 employee of the Forest Service who

3 is specially qualified to serve on the Committee

4 by virtue of his education, training, or experi5 ence in the field of forest restoration.

6 (C) 1 individual who is not an employee of

7 the Federal Government and who is specially

8 qualified to serve on the Committee by virtue of

9 his education, training, or experience regarding

10 Native American culture and subsistence prac11 tices.

12 (D) 1 individual who is not an employee of

13 the Federal Government and who is specially

14 qualified to serve on the Committee by virtue of

15 his education, training, or experience in the

16 field of forest restoration.

17 (E) 2 individuals who are not employees of

18 the Federal Government and who have forest

19 management experience.

20 (F) 1 individual who is not an employee of

21 the Federal Government and who will represent

22 the views of local governments.

23 (G) 1 individual who is not an employee of

24 the Federal Government, who has a knowledge

25 of, or interest in, National Historic Forests,
38

•HR 2119 IH

1 and who, if the Council determines it to be ap2 propriate, may be a member of an appropriate

3 Indian tribe and may represent the views of

4 such tribe.

5 (H) the State forester (or the State for6 ester’s delegate) of each State in which the 1 or

7 more national historic forests for which the

8 Committee was established are located.

9 (2) COMMITTEE SPECIFIC CRITERIA.—Members

10 of each Committee shall be selected from among in11 dividuals who are most familiar with the 1 or more

12 national historic forests for which the Committee

13 was established, and with the local communities,

14 conditions, and forest types relevant to such forests.

15 (b) APPOINTMENT AUTHORITY.—

16 (1) IN GENERAL.—Appointments under para17 graphs (A) through (G) of subsection (a)(1) shall be

18 made by the Council in consultation with the Sec19 retary.

20 (2) EMPLOYEES OF THE FOREST SERVICE.—

21 Appointments made under subparagraphs (A) and

22 (B) of subsection (a)(1) shall be made in consulta23 tion with the Secretary and the Chief of the Forest

24 Service.
39

•HR 2119 IH

1 (c) CONTINUATION OF MEMBERSHIP.—If a member

2 was appointed to a Committee because the member was

3 employed as a forester in the Forest Service or because

4 the member was employed in the Forest Service and later

5 ceases to be so employed, or was appointed to a Committee

6 because the member was not an employee of the Federal

7 Government and later becomes an employee of the Govern8 ment, that member may continue as a member for not

9 longer than the 60-day period beginning on the date that

10 the member ceases to be so employed or becomes an em11 ployee of the Government, as the case may be.

12 (d) TERMS.—

13 (1) IN GENERAL.—Each member shall serve at

14 the pleasure of the Council.

15 (2) VACANCIES.—A vacancy in any Committee

16 shall not affect the powers of the Committee, shall

17 be filled not later than 60 days after the vacancy

18 commences, and shall be filled in the manner in

19 which the original appointment was made.

20 (e) CHAIRPERSON; VICE CHAIRPERSON.—The Chair21 person and Vice Chairperson of each Committee shall be

22 designated by the Council, in consultation with the Sec23 retary, from among the members appointed under sub24 paragraphs (C) through (G) of subsection (a)(1) at the

25 time of such appointment. The Vice Chairperson may act
40

•HR 2119 IH

1 in place of the Chairperson during the absence or dis2 ability of the Chairperson or the when the office of Chair3 person is vacant.

4 (f) MEETINGS.—Each Committee shall meet at the

5 call of its Chairperson or upon the written request of a

6 majority of its members, but shall meet not less than an7 nually.

8 (g) QUORUM.—7 members of a Committee shall con9 stitute a quorum, but a lesser number may hold hearings.

10 (h) NONCOMPENSATION AND REIMBURSEMENT.—

11 (1) NONCOMPENSATION.—Each member shall

12 serve without pay.

13 (2) TRAVEL EXPENSES.—Each member shall

14 receive travel expenses, including per diem in lieu of

15 subsistence, in accordance with applicable provisions

16 under subchapter I of chapter 57 of title 5, United

17 States Code.

18 SEC. 304. POWERS OF COMMITTEE.

19 (a) HEARINGS AND SESSIONS.—Each committee

20 may, for the purposes of carrying out this Act, hold hear21 ings, sit and act at times and places, take testimony, and

22 receive evidence as the Committee considers appropriate.

23 (b) POWERS OF MEMBERS AND AGENTS.—Any mem24 ber or agent of any Committee may, if authorized by the
41

•HR 2119 IH

1 Committee, take any action which the Committee is au2 thorized to take by this section.

3 (c) OBTAINING OFFICIAL DATA.—Each Committee,

4 in consultation with the Council, may secure from any de5 partment or agency of the United States information nec6 essary to enable it to carry out this Act. Upon request

7 of the Chairperson of the Committee, the head of that de8 partment or agency shall furnish that information to the

9 Committee.

10 (d) GIFTS, BEQUESTS, AND DEVISES.—To the extent

11 provided in advance in appropriation Acts, each Com12 mittee may accept, use, and dispose of gifts, bequests, or

13 devises of services or property, both real and personal, for

14 the purpose of aiding the work of the Committee.

15 (e) PROVISION OF FACILITIES, SUPPLIES, AND SERV16 ICES.—Upon the request of any Committee, the Secretary

17 shall provide to the Committee, on a reimbursable basis,

18 such facilities, supplies, and services as are necessary for

19 the Committee to carry out its responsibilities under this

20 Act.

21 SEC. 305. APPLICABILITY OF THE FEDERAL ADVISORY

22 COMMITTEE ACT.

23 The Federal Advisory Committee Act shall not apply

24 to any Committee.

Æ