II 

111TH CONGRESS 

1ST SESSION S. 2895 

To restore forest landscapes, protect old growth forests, and manage national 

forests in the eastside forests of the State of Oregon, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2009 

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

to the Committee on Energy and Natural Resources 

A BILL 

To restore forest landscapes, protect old growth forests, and 

manage national forests in the eastside forests of the 

State of Oregon, 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 ‘‘Oregon Eastside Forests Restoration, Old Growth Pro6 tection, and Jobs Act of 2009’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 


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Sec. 4. Forest management. 

Sec. 5. Watershed management. 

Sec. 6. Roads. 

Sec. 7. Eastside Forest Scientific and Technical Advisory Panel. 

Sec. 8. Eastside Landscape Forest Restoration Assessment. 

Sec. 9. Ecological restoration projects. 

Sec. 10. Collaboration. 

Sec. 11. Environmental analysis and expedited administrative review. 

Sec. 12. Biomass. 

Sec. 13. Local contracting. 

Sec. 14. Administration. 

Sec. 15. Authorization of appropriations. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to conserve and restore the eastside forests 

4 of the State; 

5 (2) to create an immediate, predictable, and in6 creased timber flow to support locally based restora7 tion economies; 

8 (3) to make the eastside forests of the State 

9 more resistant and resilient to, and to mitigate the 

10 effects of, climate change; 

11 (4) to protect, restore, and increase old growth 

12 forest stands and trees in the eastside forests of the 

13 State; 

14 (5) to expedite actions to conserve and restore 

15 forests in the eastside forests of the State that 

16 achieve ecological objectives and provide economic 

17 and social benefits; 

18 (6) to promote collaboration in communities of 

19 the eastside forests of the State to support natural 

20 resource- and restoration-based economies; 


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1 (7) to streamline administrative processes for 

2 ecological restoration projects in the eastside forests 

3 of the State that result in improved forest and wa4 tershed health; 

5 (8) to conserve and restore the ecological health 

6 and natural processes of aquatic and riparian eco7 systems and watersheds in the State; 

8 (9) to prioritize and strategically target restora9 tion projects to improve forest and watershed health 

10 in old growth forests— 

11 (A) with uncharacteristic conditions; and 

12 (B) located in the eastside forests of the 

13 State; 

14 (10) to provide periodic independent review of 

15 agency programs in carrying out this Act; 

16 (11) to recognize that the threats to forest 

17 health, watershed health, and rural economies have 

18 reached an emergency status; and 

19 (12) to ensure that Federal land managers in 

20 the State are good neighbors to private landowners. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) ADVISORY PANEL.—The term ‘‘advisory 

24 panel’’ means the Eastside Forest Scientific and 


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1 Technical Advisory Panel established under section 

2 7(a). 

3 (2) COLLABORATIVE GROUP.—The term ‘‘col4 laborative group’’ means an ad hoc association— 

5 (A) described in section 10; and 

6 (B) comprised of citizens of the State 

7 who— 

8 (i) represent various interests of the 

9 State; and 

10 (ii) as a condition of membership in 

11 the collaborative group, have agreed to 

12 work cooperatively to effectuate the pur13 poses of this Act. 

14 (3) COVERED AREA.—The term ‘‘covered area’’ 

15 means any area of the State that is— 

16 (A) managed by the Chief of the Forest 

17 Service; and 

18 (B) not covered by the Northwest Forest 

19 Plan. 

20 (4) DECOMMISSION.—The term ‘‘decommis21 sion’’ means the conduct of a restoration activity on 

22 a road to return the road to a more natural state. 

23 (5) EMERGENCY CONDITION.—The term ‘‘emer24 gency condition’’ means a condition— 

25 (A) that results in an— 


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1 (i) imminent risk to life or property; 

2 or 

3 (ii) immediate impairment of the pub4 lic use and enjoyment of a trail, road, 

5 highway, or public facility; and 

6 (B) with respect to subparagraph (A)(ii), 

7 the probability of effective remediation of which 

8 outweighs the benefits of the knowledge of the 

9 public (including the benefits of public com10 ment) regarding the condition, as determined 

11 by the Secretary. 

12 (6) FOREST HEALTH.—The term ‘‘forest 

13 health’’ means conditions that enable forested 

14 land— 

15 (A) to be durable, resilient, and less prone 

16 to uncharacteristic wildfire, insect, or pathogen 

17 outbreaks, while— 

18 (i) supporting ecosystem services and 

19 populations of native species; and 

20 (ii) allowing for natural disturbances; 

21 (B) to maintain or develop species com22 position, ecosystem function and structure, hy23 drologic function, carbon cycling, and sediment 

24 regimes that are within an acceptable range 

25 that considers— 


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1 (i) historic variability; and 

2 (ii) anticipated future conditions; and 

3 (C) to be resistant and resilient to 

4 uncharacteristic events. 

5 (7) FOREST PLAN.—The term ‘‘forest plan’’ 

6 means a National Forest management plan under 

7 the National Forest Management Act of 1976 (16 

8 U.S.C. 1600 et seq.). 

9 (8) FOREST STAND.—The term ‘‘forest stand’’ 

10 means a contiguous area of trees that are suffi11 ciently uniform in composition, constitution, age, 

12 spatial arrangement, structure, or condition to be 

13 distinguishable as a unit. 

14 (9) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

15 has the meaning given the term in section 4 of the 

16 Indian Self-Determination and Education Assistance 

17 Act (25 U.S.C. 450b). 

18 (10) INFISH.—The term ‘‘INFISH’’ means 

19 the land and resource management plan amend20 ments made before the date of enactment of this Act 

21 arising from the document— 

22 (A) entitled ‘‘Inland Native Fish Strat23 egy’’; 

24 (B) published by the Department of Agri25 culture; and 


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1 (C) dated July 28, 1995. 

2 (11) LANDSCAPE SCALE.—The term ‘‘landscape 

3 scale’’ means a scale that— 

4 (A) applies to a large geographic area that 

5 is normally measured in terms of a watershed 

6 of approximately 25,000 acres or a subbasin of 

7 approximately 1,000,000 acres; and 

8 (B) may exhibit similarities that enable 

9 Federal forest managers to develop and imple10 ment management activities to address issues 

11 relating to— 

12 (i) potential natural vegetation; 

13 (ii) surface features; 

14 (iii) water flow or distribution; 

15 (iv) wildlife; and 

16 (v) natural disturbances associated 

17 with flooding, wind, or fire. 

18 (12) NATIONAL FOREST SYSTEM.—The term 

19 ‘‘National Forest System’’ has the meaning given 

20 the term in section 11(a) of the Forest and Range21 land Renewable Resources Planning Act of 1974 (16 

22 U.S.C. 1609(a)). 

23 (13) NORTHWEST FOREST PLAN.—The term 

24 ‘‘Northwest Forest Plan’’ means the plan that is 

25 comprised of— 


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1 (A) the Final Supplemental Environmental 

2 Impact Statement on Management of Habitat 

3 for Late-Successional and Old-Growth Forest 

4 Related Species Within the Range of the North5 ern Spotted Owl (2 volumes), dated February 

6 1994; 

7 (B) the Record of Decision for Amend8 ments to Forest Service and Bureau of Land 

9 Management Planning Documents Within the 

10 Range of the Northern Spotted Owl, dated 

11 April 1994; and 

12 (C) the Standards and Guidelines for Man13 agement of Habitat for Late-Successional and 

14 Old-Growth Forest Related Species Within the 

15 Range of the Northern Spotted Owl, dated 

16 April 1994. 

17 (14) OLD GROWTH.—The term ‘‘old growth’’ 

18 means the oldest stage at which a plant community 

19 or a tree is capable of existing on a site, given the 

20 frequency of natural disturbance events. 

21 (15) PACFISH.—The term ‘‘PACFISH’’ 

22 means the land and resource management plan 

23 amendments made before the date of enactment of 

24 this Act arising from the document— 


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1 (A) entitled ‘‘PACFISH–Implementation 

2 of Interim Strategies for Managing Anad3 romous Fish Producing Watersheds in Eastern 

4 Oregon and Washington, Idaho, and Portions of 

5 California’’; 

6 (B) published by— 

7 (i) the Department of Agriculture; 

8 and 

9 (ii) the Department of the Interior; 

10 and 

11 (C) dated February 24, 1995. 

12 (16) PERMANENT ROAD.—The term ‘‘perma13 nent road’’ means a road— 

14 (A) constructed, reconstructed, maintained, 

15 or operated on; and 

16 (B) that is determined by the Secretary to 

17 be for an ongoing continuous or periodic use. 

18 (17) PLANT ASSOCIATION.— 

19 (A) IN GENERAL.—The term ‘‘plant asso20 ciation’’ means a description of the vegetation 

21 community that— 

22 (i) would potentially, in the absence of 

23 a disturbance, occupy a site; and 

24 (ii) may be aggregated into 1 or more 

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1 cies, composition, environment, and pro2 ductivity. 

3 (B) INCLUSION.—The term ‘‘plant associa4 tion’’ includes, with respect to a forested site, 

5 species representing tree, shrub, and herbaceous 

6 layers. 

7 (18) RESTORATION ACTIVITY.—The term ‘‘res8 toration activity’’, with respect to the decommis9 sioning of a road, includes— 

10 (A) the reestablishment of former drainage 

11 patterns; 

12 (B) the stabilization of slopes; 

13 (C) the restoration of vegetation; 

14 (D) the blocking of each entrance to the 

15 road; 

16 (E) the installation of water bars; 

17 (F) the removal of culverts; 

18 (G) the reestablishment of drainage-ways; 

19 (H) the removal of unstable fills; 

20 (I) the pulling back of road shoulders; 

21 (J) the scattering of slash on the roadbed; 

22 (K) the elimination of the roadbed through 

23 the restoration of natural contours and slopes; 

24 and 


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1 (L) any other method that is designed to 

2 address each specific condition of the road. 

3 (19) RESTORATION ASSESSMENT.—The term 

4 ‘‘restoration assessment’’ means the Eastside Land5 scape Forest Restoration Assessment prepared 

6 under section 8(a). 

7 (20) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of Agriculture (acting through 

9 the Chief of the Forest Service). 

10 (21) STATE.—The term ‘‘State’’ means the 

11 State of Oregon. 

12 (22) TEMPORARY ROAD.—The term ‘‘temporary 

13 road’’ means a road that is— 

14 (A) constructed or reconstructed as part of 

15 any project; and 

16 (B) not a permanent road, as determined 

17 by the Secretary. 

18 (23) UNCHARACTERISTIC.—The term 

19 ‘‘uncharacteristic’’ means, with respect to a wildfire, 

20 outbreak of insects or pathogens, or a level of forest 

21 fuel, a wildfire, outbreak, or level of fuel the sever22 ity, size, frequency, or quantity of which exceeds any 

23 similar natural process, event, or condition as in ex24 istence before the date of Euro-American settlement 


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1 of the land on which the wildfire, outbreak, or level 

2 of fuel occurs. 

3 (24) WATERSHED HEALTH.—The term ‘‘water4 shed health’’ means landscape conditions that enable 

5 riparian and aquatic ecosystems— 

6 (A)(i) to capture, store, and release water, 

7 sediment, wood, and nutrients; and 

8 (ii) to provide for water temperatures that 

9 are within the range of variability of the nat10 ural regimes for the processes described in 

11 clause (i); and 

12 (B) to create and sustain functional ripar13 ian, aquatic, and wetland habitats that are ca14 pable of supporting diverse populations of na15 tive aquatic- and riparian-dependent species. 

16 (25) WILDLAND-URBAN INTERFACE.—The term 

17 ‘‘wildland-urban interface’’ has the meaning given 

18 the term in section 101 of the Healthy Forests Res19 toration Act of 2003 (16 U.S.C. 6511). 

20 SEC. 4. FOREST MANAGEMENT. 

21 (a) MANAGEMENT GOALS.— 

22 (1) IN GENERAL.—For the covered area, after 

23 considering the best available science, the Secretary 

24 shall manage the forest, stream, grassland, wetland, 


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1 alpine, and other land and water located in the cov2 ered area— 

3 (A) to conserve and restore the health, nat4 ural structure, processes, and functions of the 

5 forests and watersheds located in the covered 

6 area; 

7 (B) to reduce the risk of uncharacteristic 

8 disturbances from fire, insects, and disease; 

9 (C) to allow for characteristic natural dis10 turbances; and 

11 (D) to increase the resistance and resil12 iency of the covered land to uncharacteristic 

13 events. 

14 (2) IMPLEMENTATION.— 

15 (A) IN GENERAL.—To achieve each goal 

16 described in paragraph (1), the Secretary 

17 shall— 

18 (i) use landscape scale planning to im19 plement ecological restoration projects in 

20 the covered area; and 

21 (ii) carry out the implementation of 

22 each ecological restoration project activity 

23 of the Secretary in a manner consistent 

24 with the advice of the advisory panel. 


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1 (B) PROJECTS.—In carrying out projects 

2 and other activities to achieve each goal de3 scribed in paragraph (1), the Secretary shall 

4 consider methodologies that could potentially 

5 help achieve— 

6 (i) reduced basal areas in overstocked 

7 forest stands; 

8 (ii) increased mean diameter of forest 

9 stands; 

10 (iii) a forest composition that focuses 

11 on more fire- and drought-tolerant species; 

12 (iv) restored historical levels of within13 forest stand spatial heterogeneity; 

14 (v) the conservation and restoration of 

15 old growth; 

16 (vi) a reduced risk from 

17 uncharacteristic wildfire, disease, climate 

18 change, and competition; 

19 (vii) the restoration and maintenance 

20 of historic population levels of older trees; 

21 (viii) the restoration of ecologically 

22 sustainable forest stands and landscapes to 

23 incorporate characteristic forest stand 

24 structures and older tree populations; 


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1 (ix) wood harvests to sustain adequate 

2 levels of industry infrastructure; 

3 (x) the maintenance of sustainable 

4 and fire-resilient conditions in perpetuity 

5 through active management (including 

6 management through prescribed or 

7 wildland fire and mechanical activities); 

8 (xi) ecologically appropriate spatial 

9 complexity (including a range of open to 

10 dense forest patches at scales from the for11 est stand to the landscape); 

12 (xii) spatial heterogeneity as an essen13 tial element in restoring and sustaining 

14 forests and landscapes; 

15 (xiii) nonuniform effects by avoiding 

16 extensive areas of uniform treatment ex17 cept for certain treatments (such as broad18 cast burns) that are carried out to enhance 

19 the spatial heterogeneity of the forest site; 

20 (xiv) increased stakeholder participa21 tion through collaborative groups; and 

22 (xv) appropriate understory plant 

23 community composition and condition, in24 cluding— 


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1 (I) the restoration and mainte2 nance of native ground cover; and 

3 (II) the reduction of the potential 

4 for exotic and other invasive species. 

5 (b) PROHIBITIONS ON REMOVAL OF CERTAIN

6 TREES.— 

7 (1) LARGER TREES.—Subject to paragraph (2) 

8 and except as provided in paragraph (3), the Sec9 retary shall prohibit the cutting or removal of any 

10 live tree located in the covered area, the diameter of 

11 which exceeds 21 inches measured at breast height. 

12 (2) SMALLER TREES.—The Secretary shall pro13 hibit the cutting or removal of a live tree located in 

14 the covered area, the diameter of which is less than 

15 21 inches measured at breast height, if the Sec16 retary determines that the prohibition is— 

17 (A) consistent with the goals described in 

18 subsection (a)(1); 

19 (B) consistent with the advice relating to 

20 the conservation and restoration of old growth 

21 provided by the advisory panel; and 

22 (C) carried out in consultation with the af23 fected collaborative group. 

24 (3) EXCEPTIONS.— 


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1 (A) ECOLOGICAL EXCEPTION.—The Sec2 retary shall permit the cutting or removal of a 

3 tree described in paragraph (1) if the Secretary 

4 determines that the cutting or removal of the 

5 tree is— 

6 (i) consistent with the goals described 

7 in subsection (a)(1); 

8 (ii) consistent with the advice relating 

9 to the conservation and restoration of old 

10 growth provided by the advisory panel; and 

11 (iii) carried out in consultation with 

12 the affected collaborative group. 

13 (B) ADMINISTRATIVE EXCEPTION.— 

14 (i) IN GENERAL.—The Secretary shall 

15 permit the cutting or removal of a tree de16 scribed in paragraph (1) or (2) if the Sec17 retary determines that the cutting or re18 moval of the tree is— 

19 (I) necessary to protect any life 

20 or property; 

21 (II) necessary to provide for safe 

22 administration or facilitate public en23 joyment; and 

24 (III) necessary and incidental to 

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1 tem land if the Secretary avoids cut2 ting protected trees to the maximum 

3 extent practicable. 

4 (ii) NOTICE REQUIREMENT.— 

5 (I) IN GENERAL.—Subject to 

6 subclause (II), the Secretary shall 

7 provide to the public and each affec8 tive collaborative group notice and an 

9 opportunity to comment before deter10 mining the existence of any exception 

11 described in clause (i). 

12 (II) EMERGENCY CONDITIONS.— 

13 Subclause (I) shall not apply in the 

14 case of an emergency condition. 

15 SEC. 5. WATERSHED MANAGEMENT. 

16 (a) DELINEATION OF RIPARIAN HABITAT CONSERVA17 TION AREAS.—Each riparian habitat conservation area 

18 shall be delineated in each watershed for all permanently 

19 flowing streams, lakes, wetlands, seeps, springs, and inter20 mittent streams as follows: 

21 (1) FISH-BEARING STREAMS.—The stream and 

22 the area on either side of the stream extending from 

23 the edges of the active stream channel to— 

24 (A) the top of the inner gorge; 


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1 (B) the outer edges of the 100-year flood2 plain; 

3 (C) the outer edges of riparian vegetation; 

4 and 

5 (D) the greater of— 

6 (i) a distance equal to the height of 2 

7 site-potential trees; or 

8 (ii) a slope distance of not less than 

9 300 feet (600 feet, including both sides of 

10 the stream channel). 

11 (2) PERMANENTLY FLOWING NONFISH BEARING

12 STREAMS.—The stream and the area on either side 

13 of the stream extending from the edges of the active 

14 stream channel to— 

15 (A) the top of the inner gorge; 

16 (B) the outer edges of the 100-year flood 

17 plain; 

18 (C) the outer edges of riparian vegetation; 

19 and 

20 (D) the greater of— 

21 (i) a distance equal to the height of 1 

22 site-potential tree; or 

23 (ii) a slope distance of not less than 

24 150 feet (300 feet, including both sides of 

25 the stream channel). 


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1 (3) PONDS, LAKES, RESERVOIRS, AND WET2 LANDS GREATER THAN 1 ACRE.—The body of water 

3 or wetland and the area to— 

4 (A) the outer edges of the riparian vegeta5 tion; 

6 (B) the extent of the seasonally saturated 

7 soil; 

8 (C) the extent of moderately and highly 

9 unstable areas; and 

10 (D) the greater of— 

11 (i) a distance equal to the height of 1 

12 site-potential tree; or 

13 (ii) a slope distance from the greater 

14 of— 

15 (I) the edge of the maximum pool 

16 elevation of constructed ponds and 

17 reservoirs; or 

18 (II) the edge of the wetland, 

19 pond, or lake. 

20 (4) SEASONALLY FLOWING OR INTERMITTENT

21 STREAMS, WETLANDS LESS THAN 1 ACRE, LAND22 SLIDES, AND LANDSLIDE-PRONE AREAS.— 

23 (A) IN GENERAL.—In accordance with 

24 subparagraph (B), the riparian conservation 

25 area described in this paragraph shall include 


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1 features with high variability in size and site2 specific characteristics. 

3 (B) MINIMUM REQUIREMENTS.—At a min4 imum, the riparian conservation area described 

5 in this paragraph shall include— 

6 (i) the extent of landslide and land7 slide-prone areas; 

8 (ii) the intermittent stream channel 

9 and the area to the top of the inner gorge; 

10 (iii) the intermittent stream channel 

11 or wetland and the area to the outer edges 

12 of the riparian vegetation; 

13 (iv) with respect to key and priority 

14 watersheds, as identified under PACFISH 

15 and INFISH, the area from the edges of 

16 the stream channel, wetland, landslide, or 

17 landslide-prone area to a distance equal to 

18 the greater of— 

19 (I) the height of 1 site-potential 

20 tree; or 

21 (II) a slope distance of not less 

22 than 100 feet; and 

23 (v) for watersheds not identified as 

24 key and priority watersheds, as identified 

25 under PACFISH and INFISH, the area 


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1 from the edges of the stream channel, wet2 land, landslide, or landslide-prone area to a 

3 distance equal to the greater of— 

4 (I) the height of 1 site-potential 

5 tree; or 

6 (II) a slope distance of not less 

7 than 50 feet. 

8 (b) NATIONAL FOREST LAND.— 

9 (1) IN GENERAL.—Within each parcel of Na10 tional Forest located within the covered area, the 

11 Secretary shall conserve and restore aquatic and ri12 parian resources as required by each applicable land 

13 and resource management plan, as amended by 

14 PACFISH and INFISH. 

15 (2) MODIFICATIONS.—The Secretary may mod16 ify the aquatic and riparian protection requirements 

17 of any land and resource management plan that ap18 plies to the covered area if the Secretary determines, 

19 after taking into consideration the best available 

20 science, that a modification to PACFISH or 

21 INFISH, as appropriate, would provide equivalent 

22 or additional protection with respect to aquatic or ri23 parian resources. 

24 (c) AUTHORITY OF SECRETARY.—In determining 

25 whether a portion of a project may occur in a riparian 


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1 habitat conservation area, the Secretary may permit short2 term negative effects to aquatic or riparian conditions 

3 from activities within the riparian habitat conservation 

4 area if the project is designed— 

5 (1) in a manner that takes into consideration 

6 the best available science; and 

7 (2) to accomplish the long-term restoration of 

8 the riparian habitat conservation area. 

9 (d) EFFECT.—Nothing in this Act— 

10 (1) supersedes any biological opinion that ad11 dresses any land and resource management plan, as 

12 amended by PACFISH or INFISH with respect to 

13 the covered area; or 

14 (2) modifies any requirement described in the 

15 Endangered Species Act of 1973 (16 U.S.C. 1531 et 

16 seq.). 

17 SEC. 6. ROADS. 

18 (a) PERMANENT ROADS LIMITATION.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), the Secretary may not construct a perma21 nent road in the covered area. 

22 (2) EXCEPTIONS.—The Secretary may con23 struct a permanent road under paragraph (1) if— 

24 (A) the Secretary determines that— 


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1 (i) the road is a justifiable realign2 ment, restoration, or correction to the 

3 placement of a permanent road that is— 

4 (I) in existence as of the date of 

5 enactment of this Act; and 

6 (II) to be decommissioned; and 

7 (ii) the health of the affected forest or 

8 watershed would be improved through the 

9 replacement of the road decommissioned 

10 under clause (i)(II); or 

11 (B) the permanent road is incidental to 

12 other valid uses relating to the National Forest 

13 System land on which the permanent road is 

14 constructed if the Secretary, if no practicable 

15 alternative exists, avoids the siting of the uses 

16 in any area that contains trees protected under 

17 section 4(b). 

18 (3) REQUIREMENTS FOR CONSTRUCTED PERMA19 NENT ROADS.—With respect to each permanent road 

20 constructed under this section, the Secretary shall 

21 ensure that the effects on the health of each affected 

22 forest and watershed shall be mitigated in a manner 

23 that— 

24 (A) is consistent with the best manage25 ment practices; and 


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1 (B) takes into consideration the best avail2 able science. 

3 (4) CLASSIFICATION OF CONSTRUCTED AND RE4 CONSTRUCTED ROADS.—The Secretary may not clas5 sify as permanent any road that is constructed or 

6 reconstructed under this section if the Secretary de7 termines that the Secretary will remove and reme8 diate the road by the completion date of the project 

9 that required the construction or reconstruction of 

10 the road. 

11 (b) TEMPORARY ROADS LIMITATION.— 

12 (1) IN GENERAL.—In accordance with para13 graph (2), the Secretary may construct a temporary 

14 road— 

15 (A) if the Secretary— 

16 (i) determines that— 

17 (I) the construction of the tem18 porary road would further the goals 

19 described in section 4(a)(1); and 

20 (II) after consideration of both 

21 ecological and economic criteria, the 

22 construction of the temporary road 

23 would be reasonable; and 

24 (ii) carries out the construction of the 

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1 vice or recommendation relating to roads 

2 submitted to the Secretary by the advisory 

3 panel; or 

4 (B) if the Secretary determines that the 

5 temporary road is incidental to other valid uses 

6 relating to the National Forest System land on 

7 which the temporary road is constructed if the 

8 Secretary, to the maximum extent practicable, 

9 avoids the siting of the uses in any area that 

10 contains trees protected under section 4(b). 

11 (2) REQUIREMENTS FOR CONSTRUCTED TEM12 PORARY ROADS.— 

13 (A) IN GENERAL.—With respect to each 

14 temporary road constructed under this section, 

15 the Secretary shall ensure that the effects to 

16 the health of each affected forest and watershed 

17 shall be mitigated in a manner— 

18 (i) consistent with the best manage19 ment practices; and 

20 (ii) that takes into consideration the 

21 best available science. 

22 (B) DECOMMISSIONING OF ROADS.—As 

23 soon as practicable after the completion date of 

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1 struction of a temporary road, the Secretary 

2 shall decommission the temporary road. 

3 (3) CLASSIFICATION OF TEMPORARY ROADS.— 

4 The Secretary may not classify as permanent any 

5 temporary road described in this subsection unless 

6 the Secretary constructs the permanent road in a 

7 manner consistent with subsection (a). 

8 (c) NET ROAD REDUCTION.— 

9 (1) IN GENERAL.—In developing ecological res10 toration projects under this Act, the Secretary 

11 shall— 

12 (A) examine opportunities for, and achieve, 

13 a net reduction in the permanent road system; 

14 and 

15 (B) to the maximum extent practicable, 

16 improve forest and watershed health. 

17 (2) REDUCTION OF EXISTING ROADS.—In de18 commissioning and closing nonessential roads pursu19 ant to the restoration assessment or an ecological 

20 restoration project, the Secretary shall, to the max21 imum extent practicable, improve forest and water22 shed health. 


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1 SEC. 7. EASTSIDE FOREST SCIENTIFIC AND TECHNICAL AD2 VISORY PANEL. 

3 (a) IN GENERAL.—Not later than 90 days after the 

4 date of enactment of this Act, the Secretary shall establish 

5 an advisory panel— 

6 (1) to be known as the ‘‘Eastside Forest Sci7 entific and Technical Advisory Panel’’; and 

8 (2) to advise periodically the Secretary, collabo9 rative groups, and the public regarding the develop10 ment and implementation of— 

11 (A) forest and watershed management 

12 goals; 

13 (B) the restoration assessment; and 

14 (C) ecological restoration projects. 

15 (b) COMPOSITION.— 

16 (1) APPOINTMENT.—The advisory panel shall 

17 be composed of 7 members, each of whom shall be 

18 appointed by the Secretary, in consultation with the 

19 appropriate committees of Congress. 

20 (2) REQUIREMENTS.— 

21 (A) IN GENERAL.—In appointing individ22 uals under paragraph (1), the Secretary shall 

23 ensure that— 

24 (i) the advisory panel shall consist of 

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1 cation (as defined in section 101(a) of the 

2 Higher Education Act of 1965 (20 U.S.C. 

3 1001(a))) or a professional society; and 

4 (ii) each individual possesses expertise 

5 in a field relating to— 

6 (I) forest ecology; 

7 (II) wildlife ecology; 

8 (III) aquatic and riparian ecol9 ogy; 

10 (IV) silviculture; 

11 (V) road and logging engineering; 

12 (VI) ecological restoration; 

13 (VII) wildland fire; 

14 (VIII) ecosystem services eco15 nomics; 

16 (IX) timber economics; 

17 (X) invasive species; 

18 (XI) soil science and geology; 

19 (XII) water quantity and water 

20 quality; 

21 (XIII) hydrology; or 

22 (XIV) forest carbon life-cycle. 

23 (B) GOALS OF SECRETARY.—In appointing 

24 individuals under paragraph (1), the Secretary 


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1 shall ensure that the collective appointment of 

2 the individuals will result in— 

3 (i) the representation of a broad array 

4 of fields described in subparagraph (A)(ii); 

5 and 

6 (ii) through the collaboration of the 

7 individuals appointed under paragraph (1) 

8 with scientific, professional, or technical 

9 experts, a broad coverage of the fields de10 scribed in subparagraph (A)(ii). 

11 (c) DUTIES.— 

12 (1) RECOMMENDATIONS REPORT.— 

13 (A) IN GENERAL.—Not later than 180 

14 days after the date on which the Secretary es15 tablishes the advisory panel under subsection 

16 (a), the advisory panel shall submit to the Sec17 retary and make available to the public a report 

18 that contains recommendations regarding the 

19 manner by which the Secretary may best 

20 achieve the goals described in section 4(a)(1). 

21 (B) REQUIREMENTS.—In carrying out sub22 paragraph (A), the advisory panel shall ensure 

23 that the recommendations contained in the re24 port— 


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1 (i) are based on the best available 

2 science; and 

3 (ii) provide management guidance to 

4 the Secretary regarding— 

5 (I) various plant association 

6 groups; 

7 (II) the differing qualities to be 

8 protected and restored in each plant 

9 association group; 

10 (III) terrestrial, aquatic, ripar11 ian, wildlife, fish, vegetation, soil, car12 bon, and other resources to be pro13 tected; 

14 (IV) the types of restoration nec15 essary and desirable to restore forest 

16 and watershed health (including 

17 thinning, prescribed and natural fire, 

18 and other appropriate activities); 

19 (V) instances during which the 

20 cutting of trees described in section 

21 4(b)(3)(A) would generally be consid22 ered to be scientifically appropriate; 

23 (VI) instances during which the 

24 cutting of trees described in section 

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1 ered to be scientifically appropriate; 

2 and 

3 (VII) the size and scope of nec4 essary interim, experimental, and eco5 logical restoration projects. 

6 (2) ADMINISTRATION.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), to the maximum extent practicable, 

9 the advisory panel shall achieve a consensus 

10 with respect to each recommendation included 

11 in the report under paragraph (1). 

12 (B) INCLUSION OF DISSENTING OPIN13 IONS.—If the advisory panel fails to achieve a 

14 consensus with respect to any recommendation 

15 included in a report under paragraph (1), the 

16 advisory panel shall include in the report each 

17 dissenting opinion relating to the recommenda18 tion to enable the Secretary to consider each 

19 opinion in making a management determina20 tion. 

21 (d) REPORT.— 

22 (1) IN GENERAL.—Not later than 5 years after 

23 the date of enactment of this Act, the advisory panel 

24 shall submit to the appropriate committees of Con25 gress a report that contains— 


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1 (A) an evaluation by the advisory panel 

2 with respect to the implementation and effec3 tiveness of this Act; and 

4 (B) recommendations to improve the im5 plementation or effectiveness of this Act (in6 cluding any appropriate legislative action) to 

7 further the purposes and goals of this Act. 

8 (2) REQUIREMENTS.—In preparing the report 

9 under paragraph (1), the advisory panel shall— 

10 (A) conduct an assessment regarding the 

11 implementation and effectiveness of this Act 

12 with respect to— 

13 (i) quantitative and qualitative im14 provements to forest and watershed health, 

15 including resiliency, aquatic function, and 

16 the restoration of plant composition, struc17 ture, and function in the covered area; 

18 (ii) the development of— 

19 (I) ecological restoration projects; 

20 (II) landscape scale planning ef21 forts; and 

22 (III) biomass utilization; and 

23 (iii) the maintenance of industry in24 frastructure; and 


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1 (B) determine whether tree protection cri2 teria not based on a diameter limitation would 

3 provide a stronger ecological basis for cutting 

4 prohibitions, including whether switching to 

5 age-based or other criteria would— 

6 (i) be feasible to administer; and 

7 (ii) provide a more scientifically sound 

8 basis to protect forest and watershed 

9 health. 

10 (e) PUBLIC COMMENT.— 

11 (1) IN GENERAL.—As soon as practicable after 

12 the date of receipt of the report under subsection 

13 (d)(1), the Secretary shall provide to the public no14 tice and an opportunity to comment on the report. 

15 (2) SUMMARY OF COMMENTS.—Not later than 

16 90 days after the date of receipt of the report under 

17 subsection (d)(1), the Secretary shall— 

18 (A) prepare a detailed summary of the 

19 comments received under paragraph (1); 

20 (B) submit in the report described in sub21 section (d)(1) the summary described in sub22 paragraph (A); and 

23 (C) make available to the public the report 

24 and the summary in a variety of sources, in25 cluding online. 


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1 SEC. 8. EASTSIDE LANDSCAPE FOREST RESTORATION AS2 SESSMENT. 

3 (a) IN GENERAL.—Not later than 2 years after the 

4 date of enactment of this Act, in consultation with each 

5 applicable collaborative group, the Secretary shall prepare 

6 an assessment to be known as the ‘‘Eastside Landscape 

7 Forest Restoration Assessment’’. 

8 (b) RESTORATION ASSESSMENT.—In preparing the 

9 restoration assessment, the Secretary shall— 

10 (1) consider— 

11 (A) the best available science; and 

12 (B) each applicable recommendation pro13 vided by the advisory panel; 

14 (2) consider and address forest and watershed 

15 health by plant association group or watershed; 

16 (3) characterize the health of forests and water17 sheds; 

18 (4) identify any measure necessary to restore 

19 forest and watershed health; 

20 (5) identify 1 or more proposed ecological res21 toration project areas; 

22 (6) assess the road network in existence as of 

23 the date of enactment of this Act to determine 

24 present and future needs, based on consideration 

25 of— 

26 (A) projected funding levels; and 


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1 (B) methods to hydrologically and eco2 logically restore land and water by— 

3 (i) decommissioning unnecessary and 

4 undesirable roads; and 

5 (ii) reducing the environmental impact 

6 of necessary and desirable roads; 

7 (7) establish baseline, ecological, economic, and 

8 social conditions; 

9 (8) prioritize restoration needs and ecological 

10 restoration project areas; and 

11 (9) evaluate local infrastructure, workforce ca12 pacity needs, and local economic value potential re13 lating to comprehensive forest restoration. 

14 (c) REQUIREMENTS.— 

15 (1) RESTORATION PLAN.—The restoration as16 sessment shall contain a 10-year restoration plan 

17 that is comprised of activities the conduct of which 

18 will provide for the comprehensive ecological restora19 tion of forest and watershed health. 

20 (2) CONSISTENCY.—The Secretary shall pre21 pare the restoration assessment in a manner con22 sistent with— 

23 (A) the purposes of this Act; 

24 (B) the goals described in section 4(a); 

25 (C) sections 5 and 6; 


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1 (D) any appropriate guidance provided to 

2 the Secretary by the advisory panel; and 

3 (E) any other applicable law (including 

4 regulations). 

5 (d) PUBLIC COMMENT.—In preparing the restoration 

6 assessment, the Secretary shall provide to the public— 

7 (1) a draft copy of the restoration assessment; 

8 and 

9 (2) notice and an opportunity to comment on 

10 the draft copy of the restoration assessment. 

11 (e) EFFECT ON FOREST PLANS.—Each forest plan 

12 shall incorporate the findings of the restoration assess13 ment as each forest plan is revised or amended. 

14 SEC. 9. ECOLOGICAL RESTORATION PROJECTS. 

15 (a) ECOLOGICAL RESTORATION PROJECTS.— 

16 (1) IMPLEMENTATION OF PROJECTS.—As soon 

17 as practicable after the date of enactment of this 

18 Act, in accordance with the restoration assessment, 

19 and in consultation with the each appropriate col20 laborative group, the Secretary shall prepare, ap21 prove, and implement 1 or more ecological restora22 tion projects. 

23 (2) USE OF PROJECTS.—The Secretary shall 

24 use landscape scale planning for ecological restora25 tion projects in the covered area. 


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1 (3) BOUNDARIES.—To the maximum extent 

2 practicable, in defining a landscape located in the 

3 covered area, the Secretary shall— 

4 (A) use natural geographical and biological 

5 boundaries; and 

6 (B) collaborate across administrative 

7 boundaries as appropriate. 

8 (4) PRIORITIZATION.— 

9 (A) IN GENERAL.—In accordance with 

10 subparagraph (B), the Secretary shall prioritize 

11 ecological restoration projects based on the de12 gree to which the ecological restoration project 

13 would improve forest and watershed health, 

14 based on— 

15 (i) dry and moist forest plant associa16 tion groups; and 

17 (ii) the need to maintain the industry 

18 infrastructure that is necessary to carry 

19 out restoration activities under this Act. 

20 (B) CONSIDERATIONS.—In carrying out 

21 subparagraph (A), the Secretary shall consider 

22 the best available science and data in devel23 oping projects and activities that would— 

24 (i) minimize and reduce the risk of 

25 uncharacteristic fire and insect outbreaks, 


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1 particularly if critical components and val2 ues are at risk, including— 

3 (I) communities located in the 

4 applicable wildland-urban interface; 

5 and 

6 (II) valuable forest structures 

7 (including old growth and older ma8 ture trees); 

9 (ii) restore historic stand structure 

10 and composition; 

11 (iii) improve the fire resiliency of the 

12 stand; 

13 (iv) accelerate development of complex 

14 forest structure in a young forest that has 

15 been simplified through past management, 

16 including opportunities— 

17 (I) to create spatial heterogeneity 

18 (including the creation of skips and 

19 gaps) using mechanical treatments to 

20 create wildlife habitat; and 

21 (II) to retain biological legacies 

22 (including large standing, downed, 

23 live, and dead trees); 

24 (v) assist in the implementation of 

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1 oped by at-risk communities (as those 

2 terms are defined in section 101 of the 

3 Healthy Forests Restoration Act of 2003 

4 (16 U.S.C. 6511)); 

5 (vi) prioritize hazardous fuels reduc6 tion and vegetation management efforts to 

7 forest stands at a high or moderate depar8 ture from the historical range of varia9 bility; and 

10 (vii) use the value of merchantable 

11 sawlogs and biomass to help offset the cost 

12 of ecological restoration activities. 

13 (b) EXPECTED OUTCOME.— 

14 (1) IN GENERAL.—The Secretary shall ensure 

15 that each forest located in the covered area shall be 

16 the subject of not less than 1 ecological restoration 

17 project that provides landscape scale work covering 

18 a gross planning area of not less than 25,000 acres 

19 per year by the earlier of the date that is— 

20 (A) 1 year after the date of completion of 

21 the restoration assessment; or 

22 (B) 3 years after the date of enactment of 

23 this Act. 

24 (2) PROJECT REQUIREMENTS.—Each project 

25 described in paragraph (1) shall provide a minimum 


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1 quantity of timber based on the need to maintain a 

2 sustainable industrial capacity to perform the eco3 logical restoration activities under this Act. 

4 (3) PERIODIC REPORTS.— 

5 (A) IN GENERAL.—Not later than 1 year 

6 after the date of enactment of this Act and 

7 each year thereafter until the date on which the 

8 interim period described in subsection (c) is 

9 concluded, the Secretary shall submit to Con10 gress a report on the progress of the restoration 

11 assessment and the steps taken toward imple12 menting ecological restoration projects. 

13 (B) INTERIM PERIOD.—If the period be14 ginning on the date of enactment of this Act 

15 and ending on the date on which the interim 

16 period described in subsection (c) is concluded 

17 is expected to exceed 3 years, the Secretary 

18 shall include in the applicable reports under 

19 subparagraph (A)— 

20 (i) an explanation of the reasons for 

21 noncompliance with the deadlines estab22 lished under this Act; and 

23 (ii) a description of further actions 

24 that are necessary to implement this Act. 

25 (c) INTERIM PROJECTS.— 


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1 (1) IN GENERAL.—Until the date on which the 

2 Secretary initiates mechanical treatments under an 

3 ecological restoration project in an applicable Na4 tional Forest (after the date of completion of a res5 toration assessment with respect to the ecological 

6 restoration project), the Secretary shall prepare, ap7 prove, and implement interim projects for all vegeta8 tion management contracts (including commercial 

9 timber sales and stewardship contracts) for the Na10 tional Forest that are consistent with— 

11 (A) the prohibition on removal of certain 

12 trees under section 4(b); 

13 (B) each limit on activities carried out 

14 within a riparian conservation area described in 

15 section 5(a); 

16 (C) each limitation relating to permanent 

17 and temporary roads under section 6; and 

18 (D) each recommendation of the advisory 

19 panel determined by the Secretary to be appro20 priate for the interim project. 

21 (2) APPEALS.—Until the date on which the 

22 Secretary initiates mechanical treatments under an 

23 ecological restoration project within an applicable 

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1 duct of an interim project shall not be subject to any 

2 administrative appeal. 

3 (3) FINAL DECISION OF SECRETARY.—The final 

4 decision of the Secretary with respect to any interim 

5 project shall be considered to be a final agency ac6 tion for the purpose of subchapter II of chapter 5, 

7 and chapter 7, of title 5, United States Code (com8 monly known as the ‘‘Administrative Procedure 

9 Act’’). 

10 (4) REVIEW PERIOD.—Not earlier than the date 

11 that is 35 days after the date on which the Sec12 retary makes a final decision with respect to an in13 terim project, ground or vegetation disturbing activi14 ties may be commenced under the project. 

15 (5) IMPLEMENTATION OF INTERIM

16 PROJECTS.— 

17 (A) IN GENERAL.—For each fiscal year 

18 until the date on which the Secretary initiates 

19 mechanical treatments under an ecological res20 toration project within each National Forest lo21 cated in the covered area, to address imme22 diately concerns regarding forest health and the 

23 maintenance of industry infrastructure to carry 

24 out ecological restoration projects under this 

25 Act, to the maximum extent practicable, the 


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1 Secretary shall prepare, offer, and promptly im2 plement 1 or more interim projects, or other 

3 projects, that— 

4 (i) are predominantly comprised of 

5 mechanical treatment in the covered 

6 area— 

7 (I) for the first fiscal year after 

8 the date of enactment of this Act, on 

9 not less than 80,000 acres; 

10 (II) for the subsequent fiscal 

11 year, on not less than 100,000 acres; 

12 and 

13 (III) for the subsequent fiscal 

14 year, on not less than 120,000 acres; 

15 and 

16 (ii) emphasize sawtimber as a byprod17 uct. 

18 (B) PREPARATION ACTIVITIES.—Until the 

19 date described in subparagraph (A), the Sec20 retary shall prioritize vegetation management, 

21 timber management, and hazardous fuels reduc22 tion program activities within the covered area 

23 to prepare, offer, and promptly implement in24 terim projects in each National Forest de25 scribed in subparagraph (A). 


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1 (C) LOCATION OF TREATED ACRES.—To 

2 the maximum extent practicable, the Secretary 

3 shall distribute the total number of acres of the 

4 treatment required under subparagraph (A) 

5 based on the proportion that— 

6 (i) the quantity of acres of forest land 

7 within the covered area at risk of 

8 uncharacteristic disturbances from fire, in9 sects, and disease outside of inventoried 

10 roadless areas in each National Forest; 

11 bears to 

12 (ii) the total quantity of acres of for13 est land within the covered area so at risk 

14 outside of those inventoried roadless areas. 

15 (d) EXPERIMENTAL ECOLOGICAL RESTORATION

16 PROJECTS.— 

17 (1) IN GENERAL.—Not later than 5 years after 

18 the date of enactment of this Act, the Secretary 

19 shall prepare experimental ecological restoration 

20 projects that are designed to use an age limitation 

21 that prohibits the harvest of any tree the age of 

22 which is greater than 150 years. 

23 (2) APPLICABILITY OF CUTTING LIMITATION.— 

24 The cutting limitation described in section 4(b) shall 


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1 not apply to any ecological restoration project car2 ried out under this subsection. 

3 (3) PROTOCOL.— 

4 (A) IN GENERAL.—In accordance with 

5 subparagraph (B), to develop ecological restora6 tion projects under this subsection, the Sec7 retary shall establish a protocol to efficiently 

8 identify tree age. 

9 (B) REQUIREMENTS.—In establishing the 

10 protocol under subparagraph (A), the Secretary 

11 shall consider— 

12 (i) sampling trees within stands; 

13 (ii) establishing standards for use in 

14 determining which stands meet applicable 

15 age definitions; and 

16 (iii) providing for a review by the ad17 visory panel. 

18 (4) CONDUCT OF PROJECTS.— 

19 (A) IN GENERAL.—As soon as practicable 

20 after the date described in paragraph (1), in ac21 cordance with subparagraph (B), in coordina22 tion with representatives of private industry 

23 and each applicable collaborative group, the 

24 Secretary shall implement trial projects. 


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1 (B) REQUIREMENTS.—The Secretary shall 

2 design and carry out each trial project in ac3 cordance with recommendations provided to the 

4 Secretary by the advisory panel to generate 

5 data to assist the advisory panel in preparing 

6 the review required under section 7(d). 

7 (C) USE OF DATA.—The Secretary shall 

8 use data resulting from the conduct of the trial 

9 projects— 

10 (i) to examine the feasibility of imple11 menting age limits at a broader scale; and 

12 (ii) to provide recommendations re13 garding the manner by which future 

14 projects may be carried out more effi15 ciently. 

16 (D) PERIODIC REPORTS.—The Secretary 

17 shall periodically submit to the advisory panel a 

18 report describing the data described subpara19 graph (B) for use in the review required under 

20 section 7(d). 

21 SEC. 10. COLLABORATION. 

22 (a) COLLABORATIVE GROUPS.— 

23 (1) ENCOURAGEMENT.—The Secretary shall en24 courage the establishment and maintenance of new 

25 and existing collaborative groups to assist in— 


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1 (A) the development and implementation of 

2 the restoration assessment and ecological res3 toration projects; and 

4 (B) the implementation of this Act. 

5 (2) RECOGNITION.— 

6 (A) APPLICATION.—To be considered by 

7 the Secretary to be a recognized collaborative 

8 group for a specific area that is the subject of 

9 an activity under this Act, a collaborative group 

10 shall submit to the Secretary an application at 

11 such time, in such manner, and containing such 

12 information as the Secretary may require. 

13 (B) STANDARDS FOR RECOGNITION.—To 

14 recognize a collaborative group under subpara15 graph (A), the Secretary shall ensure that the 

16 collaborative group— 

17 (i) represents multiple interested indi18 viduals who, in the aggregate, are com19 prised of diverse backgrounds and rep20 resent various interests that include (at a 

21 minimum)— 

22 (I) environmental organizations; 

23 (II) timber and forest products 

24 industry representatives; and 


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1 (III) county governments (includ2 ing an alternate designated commu3 nity representative); 

4 (ii) operates— 

5 (I) in a transparent and non6 exclusive manner; and 

7 (II) by consensus or in accord8 ance with voting procedures to ensure 

9 a high degree of agreement among 

10 participants and across various inter11 ests; and 

12 (iii) requires a level of participation 

13 sufficient to ensure that members of the 

14 collaborative group are adequately in15 formed before each vote. 

16 (C) WITHDRAWAL OF OFFICIAL RECOGNI17 TION.— 

18 (i) REVIEW OF COMPLAINTS.—The 

19 Secretary shall promptly review any com20 plaint brought by any member of the pub21 lic that alleges that a collaborative group 

22 recognized under subparagraph (A) has 

23 failed to meet any requirement described in 

24 subparagraph (B). 


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1 (ii) EFFECT OF DETERMINATION.—If 

2 the Secretary determines that an allegation 

3 possesses adequate merit, the Secretary 

4 shall withdraw the recognition of the col5 laborative group. 

6 (3) PUBLIC PARTICIPATION.—The Secretary 

7 shall provide to the public notice and an opportunity 

8 for comment regarding each proposed— 

9 (A) recognition of a collaborative group; 

10 and 

11 (B) withdrawal of recognition of a collabo12 rative group. 

13 (4) ROLE OF COLLABORATIVE GROUPS.—In 

14 carrying out this Act, the Secretary shall consider 

15 the recommendations of each collaborative group 

16 recognized under paragraph (2). 

17 (5) MULTIPARTY MONITORING.— 

18 (A) AUTHORITY OF COLLABORATIVE

19 GROUPS.—Each collaborative group may mon20 itor and evaluate each ecological restoration 

21 project carried out under this Act. 

22 (B) SCOPE OF EVALUATION.—In carrying 

23 out an evaluation under subparagraph (A), a 

24 collaborative group may assess each aspect of 

25 the ecological restoration project, including— 


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1 (i) the status of the development, exe2 cution, and administration of the ecological 

3 restoration project; 

4 (ii) each specific accomplishment that 

5 has resulted from the ecological restoration 

6 project; and 

7 (iii) each ecological, economic, and so8 cial benefit, and the cost, to local commu9 nities and the Federal Government result10 ing from the ecological restoration project. 

11 (C) REPORTS.—A collaborative group may 

12 submit to the advisory panel a report con13 taining the results of the evaluation of the eco14 logical restoration project that is the subject of 

15 the evaluation. 

16 SEC. 11. ENVIRONMENTAL ANALYSIS AND EXPEDITED AD17 MINISTRATIVE REVIEW. 

18 (a) IN GENERAL.—With respect to each ecological 

19 restoration project carried out in the covered area under 

20 this Act, the Secretary shall be subject to each time line 

21 and process described in this section. 

22 (b) ENVIRONMENTAL ANALYSIS.— 

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1 ject to the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.). 

3 (2) DUTY OF SECRETARY.—If the Secretary 

4 prepares for an ecological restoration project an en5 vironmental impact statement or similar analysis re6 quired under the National Environmental Policy Act 

7 of 1969 (42 U.S.C. 4321 et seq.), the Secretary 

8 shall, to the maximum extent practicable, prepare an 

9 environmental impact statement in a manner to en10 sure that not more than 1 statement is necessary. 

11 (c) PUBLIC NOTICE AND COMMENT.— 

12 (1) IN GENERAL.—Before the beginning of the 

13 public comment period described in paragraph (4), 

14 the Secretary shall consult with collaborative groups 

15 in developing ecological restoration projects. 

16 (2) SCOPING DOCUMENTS.—The Secretary shall 

17 provide informative scoping documents to facilitate 

18 early and effective public involvement and collabora19 tion. 

20 (3) PUBLIC NOTICE.—To provide adequate no21 tice to the public during the scoping period, the Sec22 retary shall, to the maximum extent practicable, in23 clude the purpose and need, proposed action, each 

24 potential issue, adequate maps, and any other nec25 essary documentation to help the public understand 


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1 and comment on the location of proposed treat2 ments, and the scope of each ecological restoration 

3 project, under this Act. 

4 (4) PUBLIC COMMENT.— 

5 (A) IN GENERAL.—In accordance with 

6 subparagraph (B), the Secretary shall provide 

7 notice and an opportunity for public comment 

8 on each draft environmental impact statement 

9 or similar analysis prepared by the Secretary 

10 under subsection (b)(2). 

11 (B) COMMENT PERIODS.—In providing a 

12 period for public comment under subparagraph 

13 (A), the Secretary shall— 

14 (i) for each categorical exclusion, pro15 vide a period of not less 15 days; 

16 (ii) for each environmental assess17 ment, provide a period of not less than 30 

18 days; and 

19 (iii) for each environmental impact 

20 statement, provide a period of not less 

21 than 45 days. 

22 (5) PREPARATION OF FINAL DOCUMENT.— 

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1 spect to the ecological restoration project, the Sec2 retary shall— 

3 (A) prepare a final document under the 

4 National Environmental Policy Act of 1969 (42 

5 U.S.C. 4321 et seq.) covering the ecological res6 toration project; and 

7 (B) issue a proposed decision with respect 

8 to the ecological restoration project. 

9 (d) OBJECTIONS TO ECOLOGICAL RESTORATION

10 PROJECTS.— 

11 (1) OPPORTUNITY TO OBJECT.—Before issuing 

12 a final decision with respect to an ecological restora13 tion project under this Act, the Secretary shall per14 mit persons described in paragraph (2) to submit to 

15 the Secretary objections with respect to a proposed 

16 decision relating to the ecological restoration project 

17 during a 30-day period beginning on the date on 

18 which the Secretary issues a proposed decision under 

19 subsection (c)(5)(B). 

20 (2) AUTHORIZED PERSONS.—A person may 

21 submit to the Secretary an objection under para22 graph (1) if the person submitted to the Secretary 

23 comments during— 


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1 (A) the development of the ecological res2 toration project that is the subject of the objec3 tion; or 

4 (B) the comment period of the ecological 

5 restoration project that is the subject of the ob6 jection. 

7 (3) OBJECTION RESOLUTION MEETING.— 

8 (A) IN GENERAL.—Subject to a request by 

9 a person who submitted an objection under 

10 paragraph (1) or by the Secretary, and the ac11 ceptance by the party receiving the request, the 

12 person and the Secretary may conduct an objec13 tion resolution meeting. 

14 (B) AUTHORITY OF APPLICABLE COLLABO15 RATIVE GROUP.—Members of a collaborative 

16 group the jurisdiction of which covers land on 

17 which the conduct of ecological restoration 

18 project that is the subject of an objection de19 scribed in subparagraph (A) is proposed may 

20 attend the objection resolution meeting held 

21 under that subparagraph. 

22 (4) DEADLINE FOR FINAL DETERMINATION.— 

23 (A) IN GENERAL.—Not later than 30 days 

24 after the completion of the objection period de25 scribed in paragraph (1), the Secretary shall 


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1 make a final determination with respect to each 

2 objection submitted to the Secretary under 

3 paragraph (1). 

4 (B) FAILURE TO MAKE FINAL DETERMINA5 TION.—If the Secretary fails to make a final 

6 determination with respect to any objection 

7 filed under paragraph (1) by the date that is 30 

8 days after the date described in that para9 graph— 

10 (i) the objection shall be considered to 

11 be denied; and 

12 (ii) the proposed decision that is the 

13 subject of the objection shall be considered 

14 to be a final agency action for purposes of 

15 subchapter II of chapter 5, and chapter 7, 

16 of title 5, United States Code (commonly 

17 known as the ‘‘Administrative Procedure 

18 Act’’). 

19 (5) PROCEDURE.— 

20 (A) NO OBJECTIONS.—If no objection is 

21 submitted under paragraph (1), on the date 

22 that is 30 days after the date on which the pub23 lic comment period described in that paragraph 

24 terminates, the Secretary shall implement each 


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1 ecological restoration project that is the subject 

2 of the public comment period. 

3 (B) OBJECTIONS.—If an objection is sub4 mitted under paragraph (1)— 

5 (i) the Chief of the Forest Service 

6 may not take any action to implement the 

7 ecological restoration project that is the 

8 subject of the objection until the date on 

9 which a final determination is made or 

10 considered to be made under paragraph 

11 (4); and 

12 (ii) after the date on which a final de13 termination is made or considered to be 

14 made under paragraph (4), the Chief of 

15 the Forest Service may implement the eco16 logical restoration project that is the sub17 ject of the objection. 

18 (e) JUDICIAL REVIEW.— 

19 (1) EXPEDITIOUS COMPLETION OF JUDICIAL

20 REVIEW.—In the judicial review of an action chal21 lenging an ecological restoration project developed 

22 under this Act, Congress encourages the court of 

23 competent jurisdiction to expedite, to the maximum 

24 extent practicable, the proceedings in the action with 

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1 diction, and (if jurisdiction exists) a final determina2 tion on the merits, as soon as practicable after the 

3 date on which a complaint or appeal is filed to ini4 tiate the action. 

5 (2) CONSIDERATION OF POTENTIAL SHORT6 AND LONG-TERM EFFECTS.—In weighing each eq7 uity during the consideration of any request for an 

8 injunction that applies to an agency action with re9 spect to an ecological restoration project carried out 

10 under this Act, the court reviewing the ecological 

11 restoration project shall consider the impact to the 

12 ecosystem that could potentially result from— 

13 (A) the short- and long-term effects of un14 dertaking the agency action; and 

15 (B) the short- and long-term effects of not 

16 undertaking the agency action. 

17 (f) IMPLEMENTATION OF ECOLOGICAL RESTORATION

18 PROJECTS.—Given the large backlog of acreage in need 

19 of ecological restoration in the covered area, the Secretary 

20 shall promptly implement an ecological restoration project 

21 following the final agency action. 

22 (g) LITIGATION.—Any person who has submitted a 

23 comment regarding an interim project or an ecological res24 toration project may intervene in any legal action that 


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1 challenges the interim project or ecological restoration 

2 project. 

3 SEC. 12. BIOMASS. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law (including regulations) relating to the use of 

6 biomass energy, in accordance with each purpose and goal 

7 of this Act, and any applicable recommendation of the ad8 visory panel, the Secretary shall take such actions as are 

9 necessary to further enhance the use of woody biomass 

10 in the covered area. 

11 (b) REGIONAL BIOMASS PROJECTS.— 

12 (1) IN GENERAL.—On a determination by the 

13 Secretary that forest conditions, commercial inter14 ests, and an adequate supply from a combination of 

15 Federal and non-Federal sources indicate a viable 

16 economic supply and demand for establishing a re17 gional biomass project, the Secretary may designate 

18 an area within the covered area in which— 

19 (A) the removal of biomass is necessary to 

20 restore forest health; and 

21 (B) a sufficient volume of material is ex22 pected to be available to support a 20 year-life23 span of capital investments for biomass use. 

24 (2) VOLUME ESTIMATE.—The Secretary shall 

25 develop an estimate of the volume of biomass that— 


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1 (A) consists of slash, brush, and any tree 

2 that does not exceed the minimum size stand3 ards for sawtimber; and 

4 (B) can be supplied in a sustainable man5 ner on a contractual basis over a contract term 

6 of not more than 20 years. 

7 (3) SENSE OF CONGRESS.—It is the sense of 

8 Congress that biomass industries arising from the 

9 conduct of this subsection will rely on Federal and 

10 non-Federal forests for the supply of raw materials. 

11 (4) CONTRACTS.—Upon the development of an 

12 estimate required under paragraph (2), the Sec13 retary may enter into a contract to supply biomass 

14 over a term of not more than 20 years, with the op15 tion of making adjustments after a period of 10 

16 years based on supply conditions. 

17 SEC. 13. LOCAL CONTRACTING. 

18 (a) IN GENERAL.—To carry out restoration projects 

19 under this Act, the Secretary shall, to the maximum extent 

20 practicable, through agreements or contracts, enter into 

21 stewardship contracting projects. 

22 (b) DURATION.—An agreement or contract under 

23 subsection (a) shall, to the maximum extent practicable, 

24 be in effect for a period of 20 years, with the option of 

25 adjustments after 10 years based on defined benchmarks. 


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1 (c) PERFORMANCE AND PAYMENT GUARANTEES.— 

2 The Secretary may require performance and payment 

3 bonds as the Secretary determines to be appropriate, the 

4 amounts of which shall be reduced as the subject con5 tractor achieves benchmarks established by the Forest 

6 Service. 

7 (d) PROCUREMENT PROCEDURE.—In selecting a 

8 source for performance of an agreement or contract under 

9 subsection (a), the Secretary shall— 

10 (1) comply with section 347(c)(1) of the De11 partment of the Interior and Related Agencies Ap12 propriations Act, 1999 (16 U.S.C. 2104 note; Public 

13 Law 105–277); 

14 (2) consider past performance relating to the 

15 purposes and goals of this Act; and 

16 (3) give preference to local businesses located 

17 within a 100-mile radius of a National Forest where 

18 the project is located. 

19 SEC. 14. ADMINISTRATION. 

20 (a) EFFECT ON TREATIES OR OTHER LAWS.— 

21 (1) TREATIES.—Nothing in this Act increases 

22 or diminishes any right described in a treaty be23 tween an Indian tribe and the United States. 


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1 (2) FEDERAL LAWS.—Except as otherwise pro2 vided in this Act, nothing in this Act affects any 

3 Federal law (including regulations). 

4 (3) RELATIONSHIP TO OTHER AUTHORITY.— 

5 (A) IN GENERAL.—The Secretary may use 

6 any authority provided under another provision 

7 of law (other than this Act) to carry out 

8 projects in a covered area. 

9 (B) CERTAIN PROJECTS.—If the Secretary 

10 uses the authority provided by sections 9 and 

11 11 to carry out an interim or ecological restora12 tion project, the Secretary may not use author13 ity provided under another provision of law 

14 (other than this Act) to carry out the interim 

15 or ecological restoration project. 

16 (b) PRINCIPAL AGENCY CONTACT.— 

17 (1) SELECTION.—The Secretary shall select a 

18 Deputy Regional Forester to serve as the principal 

19 agency contact for the implementation of this Act. 

20 (2) DUTIES.—The Deputy Regional Forester 

21 shall— 

22 (A) serve as the point-of-contact for— 

23 (i) the advisory panel; and 

24 (ii) each collaborate group; 


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1 (B) resolve disagreements between any col2 laborative group and the forest officer that 

3 serves as the primary point-of-contact of the 

4 collaborative group; and 

5 (C) facilitate communications among— 

6 (i) the advisory panel; 

7 (ii) collaborative groups; 

8 (iii) employees of the Forest Service; 

9 and 

10 (iv) any other stakeholders (including 

11 the public). 

12 (c) EVALUATIVE CRITERIA.—To determine and en13 sure compliance with this Act, the Secretary shall use the 

14 qualitative criteria described in section 4(a). 

15 SEC. 15. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—There is authorized to be appro17 priated $50,000,000 to carry out this Act, to remain avail18 able until expended. 

19 (b) USE OF FUNDS.—Not more than 3 percent of the 

20 amount made available under subsection (a) may be used 

21 to pay for costs arising from overhead expenses of the De22 partment of Agriculture. 

23 (c) RECEIPTS.— 

24 (1) IN GENERAL.—Receipts from sales made 

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1 tained and used by the Secretary to conduct further 

2 planning and implementation of projects under this 

3 Act, without further appropriation or fiscal year lim4 itation. 

5 (2) OTHER RECEIPT LAWS.—Nothing in this 

6 Act affects any other Federal law governing the dis7 position of receipts. 

Æ 


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