II 

108TH CONGRESS 

2D SESSION S. 2709 

To provide for the reforestation of appropriate forest cover on forest land 

derived from the public domain, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2004 

Mr. SMITH introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To provide for the reforestation of appropriate forest cover 

on forest land derived from the public domain, 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. 

4 This Act may be cited as the ‘‘National Reforestation 

5 Act of 2004’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the forest land derived from the public do9 main should be maintained in appropriate forest 

10 cover with species of trees, degree of stocking, rate 
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1 of growth, and conditions of stand designed to se2 cure the maximum benefits of multiple use sustained 

3 yield management; 

4 (2) recent intense or stand replacing wildfires 

5 and other natural disasters, including drought and 

6 insect infestations, have destroyed forest ecosystems 

7 and eliminated sources of tree seed for desired spe8 cies, which has delayed or precluded the reestablish9 ment of appropriate forest cover on millions of acres 

10 of forest land derived from the public domain; 

11 (3) reforestation treatments on forest land de12 rived from the public domain after a wildfire or 

13 nonfire natural disturbance event restore appro14 priate forest cover, which provides multiple renew15 able resource benefits, including— 

16 (A) protecting soil and water resources; 

17 (B) providing habitat for wildlife and fish 

18 populations; 

19 (C) contributing to aesthetics; 

20 (D) enhancing the recreational experience; 

21 (E) providing a source of wood fiber for 

22 domestic use; and 

23 (F) ensuring the health and resiliency of 

24 affected ecosystems for present and future gen25 erations; 
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1 (4) post-fire and natural disaster reforestation 

2 needs should be accomplished quickly and in accord3 ance with applicable forest land management plans 

4 to achieve desired forest conditions at the least cost 

5 to other renewable resources values, such as— 

6 (A) the loss of wildlife habitat; 

7 (B) soil erosion; and 

8 (C) water quality degradation; 

9 (5) greater resources are needed to meet refor10 estation needs on forest land derived from the public 

11 domain because of— 

12 (A) damage from wildfire, disease, and in13 sect infestation; and 

14 (B) declining revenues; and 

15 (6) reforestation needs represent over 5 years of 

16 reforestation work at current levels of reforestation, 

17 with a backlog of needs accumulating each year. 

18 (b) PURPOSES.—The purposes of this Act are to— 

19 (1) provide increased funding for the reforest20 ation of appropriate forest cover on forest land de21 rived from the public domain; and 

22 (2) promote timely reforestation treatment. 
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1 SEC. 3. TRANSFERS TO TRUST FUND. 

2 Section 303(b)(2) of Public Law 96–451 (16 U.S.C. 

3 1606a(b)(2)) is amended by striking ‘‘$30,000,000’’ and 

4 inserting ‘‘$90,000,000’’. 

5 SEC. 4. OBLIGATIONS FROM TRUST FUND. 

6 Section 303(d) of Public Law 96–451 (16 U.S.C. 

7 1606a(d)) is amended— 

8 (1) by redesignating paragraphs (1) and (2) as 

9 subparagraphs (A) and (B), respectively, and indent10 ing appropriately; 

11 (2) by striking the ‘‘The Secretary of Agri12 culture’’ and inserting the following: 

13 ‘‘(2) REFORESTATION AND TIMBER STAND IM14 PROVEMENTS.—The Secretary of Agriculture’’; 

15 (3) by inserting before paragraph (2) (as des16 ignated by paragraph (2)) the following: 

17 ‘‘(1) DEFINITIONS.—In this paragraph: 

18 ‘‘(A) APPROPRIATE FOREST COVER.—The 

19 term ‘appropriate forest cover’ means the spe20 cies of trees, the degree of stocking, the rate of 

21 growth, and the conditions of a stand designed 

22 to secure the maximum benefits of multiple use 

23 sustained yield management. 

24 ‘‘(B) MODERATE FIRE INTENSITY AREA.— 

25 The term ‘moderate fire intensity area’ means 
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1 a burned area, with respect to which the Sec2 retary of Agriculture has determined that— 

3 ‘‘(i) factors indicate a high intensity 

4 burn has occurred on less than 40 percent 

5 of the burned area; and 

6 ‘‘(ii) the burned area may— 

7 ‘‘(I) be a potential flood source; 

8 ‘‘(II) contain water-repellent 

9 soils; or 

10 ‘‘(III) yield abnormally high over11 land runoff. 

12 ‘‘(C) HIGH FIRE INTENSITY AREA.—The 

13 term ‘high fire intensity area’ means a burned 

14 area, with respect to which the Secretary of Ag15 riculture has determined that— 

16 ‘‘(i) the factors indicate a high-inten17 sity burn has occurred on 40 percent or 

18 more of the burned area; and 

19 ‘‘(ii) the burned area is a potential 

20 flood source. 

21 ‘‘(D) NONFIRE NATURAL DISTURBANCE

22 EVENT.—The term ‘nonfire natural disturbance 

23 event’ means an event that the Secretary of Ag24 riculture has determined— 
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1 ‘‘(i) is a result of insect or disease in2 festation, storm damage, or other natural 

3 occurrences; and 

4 ‘‘(ii) requires reforestation treatment 

5 to restore appropriate forest cover.’’. 

6 (4) in paragraph (2) (as designated by para7 graph (2))— 

8 (A) in subparagraph (A) (as redesignated 

9 by paragraph (1))— 

10 (i) by inserting ‘‘, subject to subpara11 graph (B),’’ after ‘‘reforestation’’; and 

12 (ii) by striking ‘‘and’’ at the end; 

13 (B) by redesignating subparagraph (B) (as 

14 redesignated by paragraph (1)) as subpara15 graph (C); and 

16 (C) by inserting after subparagraph (A) 

17 (as redesignated by paragraph (1)) the fol18 lowing: 

19 ‘‘(B) reforestation treatment to restore ap20 propriate forest cover on forest land derived 

21 from the public domain that is capable of grow22 ing trees and that is a moderate fire intensity 

23 area or high fire intensity area or that has been 

24 severely affected by a nonfire natural disturb25 ance event, if— 
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1 ‘‘(i) the need for the reforestation 

2 treatment is identified in the report sub3 mitted to Congress under section 3(e)(1) 

4 of the Forest and Rangeland Renewable 

5 Resources Planning Act of 1974 (16 

6 U.S.C. 1601(e)(1)); and 

7 ‘‘(ii) the reforestation treatment oc8 curs within 5 years of— 

9 ‘‘(I) if there is no harvest activity 

10 following the wildfire or the nonfire 

11 natural disturbance event, a wildfire 

12 or a nonfire natural disturbance 

13 event; 

14 ‘‘(II) if a regeneration harvest is 

15 the final cut in a stand in a disturbed 

16 area, the regeneration harvest; or 

17 ‘‘(III) if a salvage harvest is the 

18 final cut in a stand in a disturbed 

19 area, the salvage harvest; and’’; and 

20 (5) by adding at the end the following: 

21 ‘‘(3) COLLEGES AND UNIVERSITIES.—In addi22 tion to amounts authorized under paragraph (2), the 

23 Secretary of Agriculture may obligate up to 10 per24 cent of the sums the Secretary expends annually 

25 from the Trust Fund to supplement expenditures of 
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1 the Forest Service to enter into cooperative agree2 ments with colleges and universities (including for3 estry schools, land grant colleges and universities, 

4 1890 Institutions, and Tuskegee University) to con5 duct research to promote or enhance reforestation.’’. 

6 SEC. 5. TECHNICAL AMENDMENT. 

7 Section 3 of the Forest and Rangeland Renewable 

8 Resources Planning Act of 1974 (16 U.S.C. 1601) is 

9 amended— 

10 (1) by redesignating subsection (e) as sub11 section (f); and 

12 (2) by redesignating the second subsection (d) 

13 as subsection (e). 

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