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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2895 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Oregon Eastside 
Forests Restoration, Old Growth Protection, and Jobs Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
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.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to conserve and restore the eastside forests of the 
        State;
            (2) to create an immediate, predictable, and increased 
        timber flow to support locally based restoration economies;
            (3) to make the eastside forests of the State more 
        resistant and resilient to, and to mitigate the effects of, 
        climate change;
            (4) to protect, restore, and increase old growth forest 
        stands and trees in the eastside forests of the State;
            (5) to expedite actions to conserve and restore forests in 
        the eastside forests of the State that achieve ecological 
        objectives and provide economic and social benefits;
            (6) to promote collaboration in communities of the eastside 
        forests of the State to support natural resource- and 
        restoration-based economies;
            (7) to streamline administrative processes for ecological 
        restoration projects in the eastside forests of the State that 
        result in improved forest and watershed health;
            (8) to conserve and restore the ecological health and 
        natural processes of aquatic and riparian ecosystems and 
        watersheds in the State;
            (9) to prioritize and strategically target restoration 
        projects to improve forest and watershed health in old growth 
        forests--
                    (A) with uncharacteristic conditions; and
                    (B) located in the eastside forests of the State;
            (10) to provide periodic independent review of agency 
        programs in carrying out this Act;
            (11) to recognize that the threats to forest health, 
        watershed health, and rural economies have reached an emergency 
        status; and
            (12) to ensure that Federal land managers in the State are 
        good neighbors to private landowners.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Advisory panel.--The term ``advisory panel'' means the 
        Eastside Forest Scientific and Technical Advisory Panel 
        established under section 7(a).
            (2) Collaborative group.--The term ``collaborative group'' 
        means an ad hoc association--
                    (A) described in section 10; and
                    (B) comprised of citizens of the State who--
                            (i) represent various interests of the 
                        State; and
                            (ii) as a condition of membership in the 
                        collaborative group, have agreed to work 
                        cooperatively to effectuate the purposes of 
                        this Act.
            (3) Covered area.--The term ``covered area'' means any area 
        of the State that is--
                    (A) managed by the Chief of the Forest Service; and
                    (B) not covered by the Northwest Forest Plan.
            (4) Decommission.--The term ``decommission'' means the 
        conduct of a restoration activity on a road to return the road 
        to a more natural state.
            (5) Emergency condition.--The term ``emergency condition'' 
        means a condition--
                    (A) that results in an--
                            (i) imminent risk to life or property; or
                            (ii) immediate impairment of the public use 
                        and enjoyment of a trail, road, highway, or 
                        public facility; and
                    (B) with respect to subparagraph (A)(ii), the 
                probability of effective remediation of which outweighs 
                the benefits of the knowledge of the public (including 
                the benefits of public comment) regarding the 
                condition, as determined by the Secretary.
            (6) Forest health.--The term ``forest health'' means 
        conditions that enable forested land--
                    (A) to be durable, resilient, and less prone to 
                uncharacteristic wildfire, insect, or pathogen 
                outbreaks, while--
                            (i) supporting ecosystem services and 
                        populations of native species; and
                            (ii) allowing for natural disturbances;
                    (B) to maintain or develop species composition, 
                ecosystem function and structure, hydrologic function, 
                carbon cycling, and sediment regimes that are within an 
                acceptable range that considers--
                            (i) historic variability; and
                            (ii) anticipated future conditions; and
                    (C) to be resistant and resilient to 
                uncharacteristic events.
            (7) Forest plan.--The term ``forest plan'' means a National 
        Forest management plan under the National Forest Management Act 
        of 1976 (16 U.S.C. 1600 et seq.).
            (8) Forest stand.--The term ``forest stand'' means a 
        contiguous area of trees that are sufficiently uniform in 
        composition, constitution, age, spatial arrangement, structure, 
        or condition to be distinguishable as a unit.
            (9) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (10) INFISH.--The term ``INFISH'' means the land and 
        resource management plan amendments made before the date of 
        enactment of this Act arising from the document--
                    (A) entitled ``Inland Native Fish Strategy'';
                    (B) published by the Department of Agriculture; and
                    (C) dated July 28, 1995.
            (11) Landscape scale.--The term ``landscape scale'' means a 
        scale that--
                    (A) applies to a large geographic area that is 
                normally measured in terms of a watershed of 
                approximately 25,000 acres or a subbasin of 
                approximately 1,000,000 acres; and
                    (B) may exhibit similarities that enable Federal 
                forest managers to develop and implement management 
                activities to address issues relating to--
                            (i) potential natural vegetation;
                            (ii) surface features;
                            (iii) water flow or distribution;
                            (iv) wildlife; and
                            (v) natural disturbances associated with 
                        flooding, wind, or fire.
            (12) National forest system.--The term ``National Forest 
        System'' has the meaning given the term in section 11(a) of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1609(a)).
            (13) Northwest forest plan.--The term ``Northwest Forest 
        Plan'' means the plan that is comprised of--
                    (A) the Final Supplemental Environmental Impact 
                Statement on Management of Habitat for Late-
                Successional and Old-Growth Forest Related Species 
                Within the Range of the Northern Spotted Owl (2 
                volumes), dated February 1994;
                    (B) the Record of Decision for Amendments to Forest 
                Service and Bureau of Land Management Planning 
                Documents Within the Range of the Northern Spotted Owl, 
                dated April 1994; and
                    (C) the Standards and Guidelines for Management of 
                Habitat for Late-Successional and Old-Growth Forest 
                Related Species Within the Range of the Northern 
                Spotted Owl, dated April 1994.
            (14) Old growth.--The term ``old growth'' means the oldest 
        stage at which a plant community or a tree is capable of 
        existing on a site, given the frequency of natural disturbance 
        events.
            (15) PACFISH.--The term ``PACFISH'' means the land and 
        resource management plan amendments made before the date of 
        enactment of this Act arising from the document--
                    (A) entitled ``PACFISH-Implementation of Interim 
                Strategies for Managing Anadromous Fish Producing 
                Watersheds in Eastern Oregon and Washington, Idaho, and 
                Portions of California'';
                    (B) published by--
                            (i) the Department of Agriculture; and
                            (ii) the Department of the Interior; and
                    (C) dated February 24, 1995.
            (16) Permanent road.--The term ``permanent road'' means a 
        road--
                    (A) constructed, reconstructed, maintained, or 
                operated on; and
                    (B) that is determined by the Secretary to be for 
                an ongoing continuous or periodic use.
            (17) Plant association.--
                    (A) In general.--The term ``plant association'' 
                means a description of the vegetation community that--
                            (i) would potentially, in the absence of a 
                        disturbance, occupy a site; and
                            (ii) may be aggregated into 1 or more 
                        groups based on similarities in plant species, 
                        composition, environment, and productivity.
                    (B) Inclusion.--The term ``plant association'' 
                includes, with respect to a forested site, species 
                representing tree, shrub, and herbaceous layers.
            (18) Restoration activity.--The term ``restoration 
        activity'', with respect to the decommissioning of a road, 
        includes--
                    (A) the reestablishment of former drainage 
                patterns;
                    (B) the stabilization of slopes;
                    (C) the restoration of vegetation;
                    (D) the blocking of each entrance to the road;
                    (E) the installation of water bars;
                    (F) the removal of culverts;
                    (G) the reestablishment of drainage-ways;
                    (H) the removal of unstable fills;
                    (I) the pulling back of road shoulders;
                    (J) the scattering of slash on the roadbed;
                    (K) the elimination of the roadbed through the 
                restoration of natural contours and slopes; and
                    (L) any other method that is designed to address 
                each specific condition of the road.
            (19) Restoration assessment.--The term ``restoration 
        assessment'' means the Eastside Landscape Forest Restoration 
        Assessment prepared under section 8(a).
            (20) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture (acting through the Chief of the Forest 
        Service).
            (21) State.--The term ``State'' means the State of Oregon.
            (22) Temporary road.--The term ``temporary road'' means a 
        road that is--
                    (A) constructed or reconstructed as part of any 
                project; and
                    (B) not a permanent road, as determined by the 
                Secretary.
            (23) Uncharacteristic.--The term ``uncharacteristic'' 
        means, with respect to a wildfire, outbreak of insects or 
        pathogens, or a level of forest fuel, a wildfire, outbreak, or 
        level of fuel the severity, size, frequency, or quantity of 
        which exceeds any similar natural process, event, or condition 
        as in existence before the date of Euro-American settlement of 
        the land on which the wildfire, outbreak, or level of fuel 
        occurs.
            (24) Watershed health.--The term ``watershed health'' means 
        landscape conditions that enable riparian and aquatic 
        ecosystems--
                    (A)(i) to capture, store, and release water, 
                sediment, wood, and nutrients; and
                    (ii) to provide for water temperatures that are 
                within the range of variability of the natural regimes 
                for the processes described in clause (i); and
                    (B) to create and sustain functional riparian, 
                aquatic, and wetland habitats that are capable of 
                supporting diverse populations of native aquatic- and 
                riparian-dependent species.
            (25) Wildland-urban interface.--The term ``wildland-urban 
        interface'' has the meaning given the term in section 101 of 
        the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).

SEC. 4. FOREST MANAGEMENT.

    (a) Management Goals.--
            (1) In general.--For the covered area, after considering 
        the best available science, the Secretary shall manage the 
        forest, stream, grassland, wetland, alpine, and other land and 
        water located in the covered area--
                    (A) to conserve and restore the health, natural 
                structure, processes, and functions of the forests and 
                watersheds located in the covered area;
                    (B) to reduce the risk of uncharacteristic 
                disturbances from fire, insects, and disease;
                    (C) to allow for characteristic natural 
                disturbances; and
                    (D) to increase the resistance and resiliency of 
                the covered land to uncharacteristic events.
            (2) Implementation.--
                    (A) In general.--To achieve each goal described in 
                paragraph (1), the Secretary shall--
                            (i) use landscape scale planning to 
                        implement ecological restoration projects in 
                        the covered area; and
                            (ii) carry out the implementation of each 
                        ecological restoration project activity of the 
                        Secretary in a manner consistent with the 
                        advice of the advisory panel.
                    (B) Projects.--In carrying out projects and other 
                activities to achieve each goal described in paragraph 
                (1), the Secretary shall consider methodologies that 
                could potentially help achieve--
                            (i) reduced basal areas in overstocked 
                        forest stands;
                            (ii) increased mean diameter of forest 
                        stands;
                            (iii) a forest composition that focuses on 
                        more fire- and drought-tolerant species;
                            (iv) restored historical levels of within-
                        forest stand spatial heterogeneity;
                            (v) the conservation and restoration of old 
                        growth;
                            (vi) a reduced risk from uncharacteristic 
                        wildfire, disease, climate change, and 
                        competition;
                            (vii) the restoration and maintenance of 
                        historic population levels of older trees;
                            (viii) the restoration of ecologically 
                        sustainable forest stands and landscapes to 
                        incorporate characteristic forest stand 
                        structures and older tree populations;
                            (ix) wood harvests to sustain adequate 
                        levels of industry infrastructure;
                            (x) the maintenance of sustainable and 
                        fire-resilient conditions in perpetuity through 
                        active management (including management through 
                        prescribed or wildland fire and mechanical 
                        activities);
                            (xi) ecologically appropriate spatial 
                        complexity (including a range of open to dense 
                        forest patches at scales from the forest stand 
                        to the landscape);
                            (xii) spatial heterogeneity as an essential 
                        element in restoring and sustaining forests and 
                        landscapes;
                            (xiii) nonuniform effects by avoiding 
                        extensive areas of uniform treatment except for 
                        certain treatments (such as broadcast burns) 
                        that are carried out to enhance the spatial 
                        heterogeneity of the forest site;
                            (xiv) increased stakeholder participation 
                        through collaborative groups; and
                            (xv) appropriate understory plant community 
                        composition and condition, including--
                                    (I) the restoration and maintenance 
                                of native ground cover; and
                                    (II) the reduction of the potential 
                                for exotic and other invasive species.
    (b) Prohibitions on Removal of Certain Trees.--
            (1) Larger trees.--Subject to paragraph (2) and except as 
        provided in paragraph (3), the Secretary shall prohibit the 
        cutting or removal of any live tree located in the covered 
        area, the diameter of which exceeds 21 inches measured at 
        breast height.
            (2) Smaller trees.--The Secretary shall prohibit the 
        cutting or removal of a live tree located in the covered area, 
        the diameter of which is less than 21 inches measured at breast 
        height, if the Secretary determines that the prohibition is--
                    (A) consistent with the goals described in 
                subsection (a)(1);
                    (B) consistent with the advice relating to the 
                conservation and restoration of old growth provided by 
                the advisory panel; and
                    (C) carried out in consultation with the affected 
                collaborative group.
            (3) Exceptions.--
                    (A) Ecological exception.--The Secretary shall 
                permit the cutting or removal of a tree described in 
                paragraph (1) if the Secretary determines that the 
                cutting or removal of the tree is--
                            (i) consistent with the goals described in 
                        subsection (a)(1);
                            (ii) consistent with the advice relating to 
                        the conservation and restoration of old growth 
                        provided by the advisory panel; and
                            (iii) carried out in consultation with the 
                        affected collaborative group.
                    (B) Administrative exception.--
                            (i) In general.--The Secretary shall permit 
                        the cutting or removal of a tree described in 
                        paragraph (1) or (2) if the Secretary 
                        determines that the cutting or removal of the 
                        tree is--
                                    (I) necessary to protect any life 
                                or property;
                                    (II) necessary to provide for safe 
                                administration or facilitate public 
                                enjoyment; and
                                    (III) necessary and incidental to 
                                any valid use of National Forest System 
                                land if the Secretary avoids cutting 
                                protected trees to the maximum extent 
                                practicable.
                            (ii) Notice requirement.--
                                    (I) In general.--Subject to 
                                subclause (II), the Secretary shall 
                                provide to the public and each 
                                affective collaborative group notice 
                                and an opportunity to comment before 
                                determining the existence of any 
                                exception described in clause (i).
                                    (II) Emergency conditions.--
                                Subclause (I) shall not apply in the 
                                case of an emergency condition.

SEC. 5. WATERSHED MANAGEMENT.

    (a) Delineation of Riparian Habitat Conservation Areas.--Each 
riparian habitat conservation area shall be delineated in each 
watershed for all permanently flowing streams, lakes, wetlands, seeps, 
springs, and intermittent streams as follows:
            (1) Fish-bearing streams.--The stream and the area on 
        either side of the stream extending from the edges of the 
        active stream channel to--
                    (A) the top of the inner gorge;
                    (B) the outer edges of the 100-year floodplain;
                    (C) the outer edges of riparian vegetation; and
                    (D) the greater of--
                            (i) a distance equal to the height of 2 
                        site-potential trees; or
                            (ii) a slope distance of not less than 300 
                        feet (600 feet, including both sides of the 
                        stream channel).
            (2) Permanently flowing nonfish bearing streams.--The 
        stream and the area on either side of the stream extending from 
        the edges of the active stream channel to--
                    (A) the top of the inner gorge;
                    (B) the outer edges of the 100-year flood plain;
                    (C) the outer edges of riparian vegetation; and
                    (D) the greater of--
                            (i) a distance equal to the height of 1 
                        site-potential tree; or
                            (ii) a slope distance of not less than 150 
                        feet (300 feet, including both sides of the 
                        stream channel).
            (3) Ponds, lakes, reservoirs, and wetlands greater than 1 
        acre.--The body of water or wetland and the area to--
                    (A) the outer edges of the riparian vegetation;
                    (B) the extent of the seasonally saturated soil;
                    (C) the extent of moderately and highly unstable 
                areas; and
                    (D) the greater of--
                            (i) a distance equal to the height of 1 
                        site-potential tree; or
                            (ii) a slope distance from the greater of--
                                    (I) the edge of the maximum pool 
                                elevation of constructed ponds and 
                                reservoirs; or
                                    (II) the edge of the wetland, pond, 
                                or lake.
            (4) Seasonally flowing or intermittent streams, wetlands 
        less than 1 acre, landslides, and landslide-prone areas.--
                    (A) In general.--In accordance with subparagraph 
                (B), the riparian conservation area described in this 
                paragraph shall include features with high variability 
                in size and site-specific characteristics.
                    (B) Minimum requirements.--At a minimum, the 
                riparian conservation area described in this paragraph 
                shall include--
                            (i) the extent of landslide and landslide-
                        prone areas;
                            (ii) the intermittent stream channel and 
                        the area to the top of the inner gorge;
                            (iii) the intermittent stream channel or 
                        wetland and the area to the outer edges of the 
                        riparian vegetation;
                            (iv) with respect to key and priority 
                        watersheds, as identified under PACFISH and 
                        INFISH, the area from the edges of the stream 
                        channel, wetland, landslide, or landslide-prone 
                        area to a distance equal to the greater of--
                                    (I) the height of 1 site-potential 
                                tree; or
                                    (II) a slope distance of not less 
                                than 100 feet; and
                            (v) for watersheds not identified as key 
                        and priority watersheds, as identified under 
                        PACFISH and INFISH, the area from the edges of 
                        the stream channel, wetland, landslide, or 
                        landslide-prone area to a distance equal to the 
                        greater of--
                                    (I) the height of 1 site-potential 
                                tree; or
                                    (II) a slope distance of not less 
                                than 50 feet.
    (b) National Forest Land.--
            (1) In general.--Within each parcel of National Forest 
        located within the covered area, the Secretary shall conserve 
        and restore aquatic and riparian resources as required by each 
        applicable land and resource management plan, as amended by 
        PACFISH and INFISH.
            (2) Modifications.--The Secretary may modify the aquatic 
        and riparian protection requirements of any land and resource 
        management plan that applies to the covered area if the 
        Secretary determines, after taking into consideration the best 
        available science, that a modification to PACFISH or INFISH, as 
        appropriate, would provide equivalent or additional protection 
        with respect to aquatic or riparian resources.
    (c) Authority of Secretary.--In determining whether a portion of a 
project may occur in a riparian habitat conservation area, the 
Secretary may permit short-term negative effects to aquatic or riparian 
conditions from activities within the riparian habitat conservation 
area if the project is designed--
            (1) in a manner that takes into consideration the best 
        available science; and
            (2) to accomplish the long-term restoration of the riparian 
        habitat conservation area.
    (d) Effect.--Nothing in this Act--
            (1) supersedes any biological opinion that addresses any 
        land and resource management plan, as amended by PACFISH or 
        INFISH with respect to the covered area; or
            (2) modifies any requirement described in the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.).

SEC. 6. ROADS.

    (a) Permanent Roads Limitation.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary may not construct a permanent road in the covered 
        area.
            (2) Exceptions.--The Secretary may construct a permanent 
        road under paragraph (1) if--
                    (A) the Secretary determines that--
                            (i) the road is a justifiable realignment, 
                        restoration, or correction to the placement of 
                        a permanent road that is--
                                    (I) in existence as of the date of 
                                enactment of this Act; and
                                    (II) to be decommissioned; and
                            (ii) the health of the affected forest or 
                        watershed would be improved through the 
                        replacement of the road decommissioned under 
                        clause (i)(II); or
                    (B) the permanent road is incidental to other valid 
                uses relating to the National Forest System land on 
                which the permanent road is constructed if the 
                Secretary, if no practicable alternative exists, avoids 
                the siting of the uses in any area that contains trees 
                protected under section 4(b).
            (3) Requirements for constructed permanent roads.--With 
        respect to each permanent road constructed under this section, 
        the Secretary shall ensure that the effects on the health of 
        each affected forest and watershed shall be mitigated in a 
        manner that--
                    (A) is consistent with the best management 
                practices; and
                    (B) takes into consideration the best available 
                science.
            (4) Classification of constructed and reconstructed 
        roads.--The Secretary may not classify as permanent any road 
        that is constructed or reconstructed under this section if the 
        Secretary determines that the Secretary will remove and 
        remediate the road by the completion date of the project that 
        required the construction or reconstruction of the road.
    (b) Temporary Roads Limitation.--
            (1) In general.--In accordance with paragraph (2), the 
        Secretary may construct a temporary road--
                    (A) if the Secretary--
                            (i) determines that--
                                    (I) the construction of the 
                                temporary road would further the goals 
                                described in section 4(a)(1); and
                                    (II) after consideration of both 
                                ecological and economic criteria, the 
                                construction of the temporary road 
                                would be reasonable; and
                            (ii) carries out the construction of the 
                        road in a manner consistent with any advice or 
                        recommendation relating to roads submitted to 
                        the Secretary by the advisory panel; or
                    (B) if the Secretary determines that the temporary 
                road is incidental to other valid uses relating to the 
                National Forest System land on which the temporary road 
                is constructed if the Secretary, to the maximum extent 
                practicable, avoids the siting of the uses in any area 
                that contains trees protected under section 4(b).
            (2) Requirements for constructed temporary roads.--
                    (A) In general.--With respect to each temporary 
                road constructed under this section, the Secretary 
                shall ensure that the effects to the health of each 
                affected forest and watershed shall be mitigated in a 
                manner--
                            (i) consistent with the best management 
                        practices; and
                            (ii) that takes into consideration the best 
                        available science.
                    (B) Decommissioning of roads.--As soon as 
                practicable after the completion date of a project the 
                conduct of which required the construction of a 
                temporary road, the Secretary shall decommission the 
                temporary road.
            (3) Classification of temporary roads.--The Secretary may 
        not classify as permanent any temporary road described in this 
        subsection unless the Secretary constructs the permanent road 
        in a manner consistent with subsection (a).
    (c) Net Road Reduction.--
            (1) In general.--In developing ecological restoration 
        projects under this Act, the Secretary shall--
                    (A) examine opportunities for, and achieve, a net 
                reduction in the permanent road system; and
                    (B) to the maximum extent practicable, improve 
                forest and watershed health.
            (2) Reduction of existing roads.--In decommissioning and 
        closing nonessential roads pursuant to the restoration 
        assessment or an ecological restoration project, the Secretary 
        shall, to the maximum extent practicable, improve forest and 
        watershed health.

SEC. 7. EASTSIDE FOREST SCIENTIFIC AND TECHNICAL ADVISORY PANEL.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall establish an advisory panel--
            (1) to be known as the ``Eastside Forest Scientific and 
        Technical Advisory Panel''; and
            (2) to advise periodically the Secretary, collaborative 
        groups, and the public regarding the development and 
        implementation of--
                    (A) forest and watershed management goals;
                    (B) the restoration assessment; and
                    (C) ecological restoration projects.
    (b) Composition.--
            (1) Appointment.--The advisory panel shall be composed of 7 
        members, each of whom shall be appointed by the Secretary, in 
        consultation with the appropriate committees of Congress.
            (2) Requirements.--
                    (A) In general.--In appointing individuals under 
                paragraph (1), the Secretary shall ensure that--
                            (i) the advisory panel shall consist of 
                        individuals representing experts recommended by 
                        an institution of higher education (as defined 
                        in section 101(a) of the Higher Education Act 
                        of 1965 (20 U.S.C. 1001(a))) or a professional 
                        society; and
                            (ii) each individual possesses expertise in 
                        a field relating to--
                                    (I) forest ecology;
                                    (II) wildlife ecology;
                                    (III) aquatic and riparian ecology;
                                    (IV) silviculture;
                                    (V) road and logging engineering;
                                    (VI) ecological restoration;
                                    (VII) wildland fire;
                                    (VIII) ecosystem services 
                                economics;
                                    (IX) timber economics;
                                    (X) invasive species;
                                    (XI) soil science and geology;
                                    (XII) water quantity and water 
                                quality;
                                    (XIII) hydrology; or
                                    (XIV) forest carbon life-cycle.
                    (B) Goals of secretary.--In appointing individuals 
                under paragraph (1), the Secretary shall ensure that 
                the collective appointment of the individuals will 
                result in--
                            (i) the representation of a broad array of 
                        fields described in subparagraph (A)(ii); and
                            (ii) through the collaboration of the 
                        individuals appointed under paragraph (1) with 
                        scientific, professional, or technical experts, 
                        a broad coverage of the fields described in 
                        subparagraph (A)(ii).
    (c) Duties.--
            (1) Recommendations report.--
                    (A) In general.--Not later than 180 days after the 
                date on which the Secretary establishes the advisory 
                panel under subsection (a), the advisory panel shall 
                submit to the Secretary and make available to the 
                public a report that contains recommendations regarding 
                the manner by which the Secretary may best achieve the 
                goals described in section 4(a)(1).
                    (B) Requirements.--In carrying out subparagraph 
                (A), the advisory panel shall ensure that the 
                recommendations contained in the report--
                            (i) are based on the best available 
                        science; and
                            (ii) provide management guidance to the 
                        Secretary regarding--
                                    (I) various plant association 
                                groups;
                                    (II) the differing qualities to be 
                                protected and restored in each plant 
                                association group;
                                    (III) terrestrial, aquatic, 
                                riparian, wildlife, fish, vegetation, 
                                soil, carbon, and other resources to be 
                                protected;
                                    (IV) the types of restoration 
                                necessary and desirable to restore 
                                forest and watershed health (including 
                                thinning, prescribed and natural fire, 
                                and other appropriate activities);
                                    (V) instances during which the 
                                cutting of trees described in section 
                                4(b)(3)(A) would generally be 
                                considered to be scientifically 
                                appropriate;
                                    (VI) instances during which the 
                                cutting of trees described in section 
                                4(b)(2) would generally not be 
                                considered to be scientifically 
                                appropriate; and
                                    (VII) the size and scope of 
                                necessary interim, experimental, and 
                                ecological restoration projects.
            (2) Administration.--
                    (A) In general.--Subject to subparagraph (B), to 
                the maximum extent practicable, the advisory panel 
                shall achieve a consensus with respect to each 
                recommendation included in the report under paragraph 
                (1).
                    (B) Inclusion of dissenting opinions.--If the 
                advisory panel fails to achieve a consensus with 
                respect to any recommendation included in a report 
                under paragraph (1), the advisory panel shall include 
                in the report each dissenting opinion relating to the 
                recommendation to enable the Secretary to consider each 
                opinion in making a management determination.
    (d) Report.--
            (1) In general.--Not later than 5 years after the date of 
        enactment of this Act, the advisory panel shall submit to the 
        appropriate committees of Congress a report that contains--
                    (A) an evaluation by the advisory panel with 
                respect to the implementation and effectiveness of this 
                Act; and
                    (B) recommendations to improve the implementation 
                or effectiveness of this Act (including any appropriate 
                legislative action) to further the purposes and goals 
                of this Act.
            (2) Requirements.--In preparing the report under paragraph 
        (1), the advisory panel shall--
                    (A) conduct an assessment regarding the 
                implementation and effectiveness of this Act with 
                respect to--
                            (i) quantitative and qualitative 
                        improvements to forest and watershed health, 
                        including resiliency, aquatic function, and the 
                        restoration of plant composition, structure, 
                        and function in the covered area;
                            (ii) the development of--
                                    (I) ecological restoration 
                                projects;
                                    (II) landscape scale planning 
                                efforts; and
                                    (III) biomass utilization; and
                            (iii) the maintenance of industry 
                        infrastructure; and
                    (B) determine whether tree protection criteria not 
                based on a diameter limitation would provide a stronger 
                ecological basis for cutting prohibitions, including 
                whether switching to age-based or other criteria 
                would--
                            (i) be feasible to administer; and
                            (ii) provide a more scientifically sound 
                        basis to protect forest and watershed health.
    (e) Public Comment.--
            (1) In general.--As soon as practicable after the date of 
        receipt of the report under subsection (d)(1), the Secretary 
        shall provide to the public notice and an opportunity to 
        comment on the report.
            (2) Summary of comments.--Not later than 90 days after the 
        date of receipt of the report under subsection (d)(1), the 
        Secretary shall--
                    (A) prepare a detailed summary of the comments 
                received under paragraph (1);
                    (B) submit in the report described in subsection 
                (d)(1) the summary described in subparagraph (A); and
                    (C) make available to the public the report and the 
                summary in a variety of sources, including online.

SEC. 8. EASTSIDE LANDSCAPE FOREST RESTORATION ASSESSMENT.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, in consultation with each applicable collaborative group, 
the Secretary shall prepare an assessment to be known as the ``Eastside 
Landscape Forest Restoration Assessment''.
    (b) Restoration Assessment.--In preparing the restoration 
assessment, the Secretary shall--
            (1) consider--
                    (A) the best available science; and
                    (B) each applicable recommendation provided by the 
                advisory panel;
            (2) consider and address forest and watershed health by 
        plant association group or watershed;
            (3) characterize the health of forests and watersheds;
            (4) identify any measure necessary to restore forest and 
        watershed health;
            (5) identify 1 or more proposed ecological restoration 
        project areas;
            (6) assess the road network in existence as of the date of 
        enactment of this Act to determine present and future needs, 
        based on consideration of--
                    (A) projected funding levels; and
                    (B) methods to hydrologically and ecologically 
                restore land and water by--
                            (i) decommissioning unnecessary and 
                        undesirable roads; and
                            (ii) reducing the environmental impact of 
                        necessary and desirable roads;
            (7) establish baseline, ecological, economic, and social 
        conditions;
            (8) prioritize restoration needs and ecological restoration 
        project areas; and
            (9) evaluate local infrastructure, workforce capacity 
        needs, and local economic value potential relating to 
        comprehensive forest restoration.
    (c) Requirements.--
            (1) Restoration plan.--The restoration assessment shall 
        contain a 10-year restoration plan that is comprised of 
        activities the conduct of which will provide for the 
        comprehensive ecological restoration of forest and watershed 
        health.
            (2) Consistency.--The Secretary shall prepare the 
        restoration assessment in a manner consistent with--
                    (A) the purposes of this Act;
                    (B) the goals described in section 4(a);
                    (C) sections 5 and 6;
                    (D) any appropriate guidance provided to the 
                Secretary by the advisory panel; and
                    (E) any other applicable law (including 
                regulations).
    (d) Public Comment.--In preparing the restoration assessment, the 
Secretary shall provide to the public--
            (1) a draft copy of the restoration assessment; and
            (2) notice and an opportunity to comment on the draft copy 
        of the restoration assessment.
    (e) Effect on Forest Plans.--Each forest plan shall incorporate the 
findings of the restoration assessment as each forest plan is revised 
or amended.

SEC. 9. ECOLOGICAL RESTORATION PROJECTS.

    (a) Ecological Restoration Projects.--
            (1) Implementation of projects.--As soon as practicable 
        after the date of enactment of this Act, in accordance with the 
        restoration assessment, and in consultation with the each 
        appropriate collaborative group, the Secretary shall prepare, 
        approve, and implement 1 or more ecological restoration 
        projects.
            (2) Use of projects.--The Secretary shall use landscape 
        scale planning for ecological restoration projects in the 
        covered area.
            (3) Boundaries.--To the maximum extent practicable, in 
        defining a landscape located in the covered area, the Secretary 
        shall--
                    (A) use natural geographical and biological 
                boundaries; and
                    (B) collaborate across administrative boundaries as 
                appropriate.
            (4) Prioritization.--
                    (A) In general.--In accordance with subparagraph 
                (B), the Secretary shall prioritize ecological 
                restoration projects based on the degree to which the 
                ecological restoration project would improve forest and 
                watershed health, based on--
                            (i) dry and moist forest plant association 
                        groups; and
                            (ii) the need to maintain the industry 
                        infrastructure that is necessary to carry out 
                        restoration activities under this Act.
                    (B) Considerations.--In carrying out subparagraph 
                (A), the Secretary shall consider the best available 
                science and data in developing projects and activities 
                that would--
                            (i) minimize and reduce the risk of 
                        uncharacteristic fire and insect outbreaks, 
                        particularly if critical components and values 
                        are at risk, including--
                                    (I) communities located in the 
                                applicable wildland-urban interface; 
                                and
                                    (II) valuable forest structures 
                                (including old growth and older mature 
                                trees);
                            (ii) restore historic stand structure and 
                        composition;
                            (iii) improve the fire resiliency of the 
                        stand;
                            (iv) accelerate development of complex 
                        forest structure in a young forest that has 
                        been simplified through past management, 
                        including opportunities--
                                    (I) to create spatial heterogeneity 
                                (including the creation of skips and 
                                gaps) using mechanical treatments to 
                                create wildlife habitat; and
                                    (II) to retain biological legacies 
                                (including large standing, downed, 
                                live, and dead trees);
                            (v) assist in the implementation of 
                        community wildfire protection plans developed 
                        by at-risk communities (as those terms are 
                        defined in section 101 of the Healthy Forests 
                        Restoration Act of 2003 (16 U.S.C. 6511));
                            (vi) prioritize hazardous fuels reduction 
                        and vegetation management efforts to forest 
                        stands at a high or moderate departure from the 
                        historical range of variability; and
                            (vii) use the value of merchantable sawlogs 
                        and biomass to help offset the cost of 
                        ecological restoration activities.
    (b) Expected Outcome.--
            (1) In general.--The Secretary shall ensure that each 
        forest located in the covered area shall be the subject of not 
        less than 1 ecological restoration project that provides 
        landscape scale work covering a gross planning area of not less 
        than 25,000 acres per year by the earlier of the date that is--
                    (A) 1 year after the date of completion of the 
                restoration assessment; or
                    (B) 3 years after the date of enactment of this 
                Act.
            (2) Project requirements.--Each project described in 
        paragraph (1) shall provide a minimum quantity of timber based 
        on the need to maintain a sustainable industrial capacity to 
        perform the ecological restoration activities under this Act.
            (3) Periodic reports.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act and each year thereafter 
                until the date on which the interim period described in 
                subsection (c) is concluded, the Secretary shall submit 
                to Congress a report on the progress of the restoration 
                assessment and the steps taken toward implementing 
                ecological restoration projects.
                    (B) Interim period.--If the period beginning on the 
                date of enactment of this Act and ending on the date on 
                which the interim period described in subsection (c) is 
                concluded is expected to exceed 3 years, the Secretary 
                shall include in the applicable reports under 
                subparagraph (A)--
                            (i) an explanation of the reasons for 
                        noncompliance with the deadlines established 
                        under this Act; and
                            (ii) a description of further actions that 
                        are necessary to implement this Act.
    (c) Interim Projects.--
            (1) In general.--Until the date on which the Secretary 
        initiates mechanical treatments under an ecological restoration 
        project in an applicable National Forest (after the date of 
        completion of a restoration assessment with respect to the 
        ecological restoration project), the Secretary shall prepare, 
        approve, and implement interim projects for all vegetation 
        management contracts (including commercial timber sales and 
        stewardship contracts) for the National Forest that are 
        consistent with--
                    (A) the prohibition on removal of certain trees 
                under section 4(b);
                    (B) each limit on activities carried out within a 
                riparian conservation area described in section 5(a);
                    (C) each limitation relating to permanent and 
                temporary roads under section 6; and
                    (D) each recommendation of the advisory panel 
                determined by the Secretary to be appropriate for the 
                interim project.
            (2) Appeals.--Until the date on which the Secretary 
        initiates mechanical treatments under an ecological restoration 
        project within an applicable National Forest located in the 
        covered area, the conduct of an interim project shall not be 
        subject to any administrative appeal.
            (3) Final decision of secretary.--The final decision of the 
        Secretary with respect to any interim project shall be 
        considered to be a final agency action for the purpose of 
        subchapter II of chapter 5, and chapter 7, of title 5, United 
        States Code (commonly known as the ``Administrative Procedure 
        Act'').
            (4) Review period.--Not earlier than the date that is 35 
        days after the date on which the Secretary makes a final 
        decision with respect to an interim project, ground or 
        vegetation disturbing activities may be commenced under the 
        project.
            (5) Implementation of interim projects.--
                    (A) In general.--For each fiscal year until the 
                date on which the Secretary initiates mechanical 
                treatments under an ecological restoration project 
                within each National Forest located in the covered 
                area, to address immediately concerns regarding forest 
                health and the maintenance of industry infrastructure 
                to carry out ecological restoration projects under this 
                Act, to the maximum extent practicable, the Secretary 
                shall prepare, offer, and promptly implement 1 or more 
                interim projects, or other projects, that--
                            (i) are predominantly comprised of 
                        mechanical treatment in the covered area--
                                    (I) for the first fiscal year after 
                                the date of enactment of this Act, on 
                                not less than 80,000 acres;
                                    (II) for the subsequent fiscal 
                                year, on not less than 100,000 acres; 
                                and
                                    (III) for the subsequent fiscal 
                                year, on not less than 120,000 acres; 
                                and
                            (ii) emphasize sawtimber as a byproduct.
                    (B) Preparation activities.--Until the date 
                described in subparagraph (A), the Secretary shall 
                prioritize vegetation management, timber management, 
                and hazardous fuels reduction program activities within 
                the covered area to prepare, offer, and promptly 
                implement interim projects in each National Forest 
                described in subparagraph (A).
                    (C) Location of treated acres.--To the maximum 
                extent practicable, the Secretary shall distribute the 
                total number of acres of the treatment required under 
                subparagraph (A) based on the proportion that--
                            (i) the quantity of acres of forest land 
                        within the covered area at risk of 
                        uncharacteristic disturbances from fire, 
                        insects, and disease outside of inventoried 
                        roadless areas in each National Forest; bears 
                        to
                            (ii) the total quantity of acres of forest 
                        land within the covered area so at risk outside 
                        of those inventoried roadless areas.
    (d) Experimental Ecological Restoration Projects.--
            (1) In general.--Not later than 5 years after the date of 
        enactment of this Act, the Secretary shall prepare experimental 
        ecological restoration projects that are designed to use an age 
        limitation that prohibits the harvest of any tree the age of 
        which is greater than 150 years.
            (2) Applicability of cutting limitation.--The cutting 
        limitation described in section 4(b) shall not apply to any 
        ecological restoration project carried out under this 
        subsection.
            (3) Protocol.--
                    (A) In general.--In accordance with subparagraph 
                (B), to develop ecological restoration projects under 
                this subsection, the Secretary shall establish a 
                protocol to efficiently identify tree age.
                    (B) Requirements.--In establishing the protocol 
                under subparagraph (A), the Secretary shall consider--
                            (i) sampling trees within stands;
                            (ii) establishing standards for use in 
                        determining which stands meet applicable age 
                        definitions; and
                            (iii) providing for a review by the 
                        advisory panel.
            (4) Conduct of projects.--
                    (A) In general.--As soon as practicable after the 
                date described in paragraph (1), in accordance with 
                subparagraph (B), in coordination with representatives 
                of private industry and each applicable collaborative 
                group, the Secretary shall implement trial projects.
                    (B) Requirements.--The Secretary shall design and 
                carry out each trial project in accordance with 
                recommendations provided to the Secretary by the 
                advisory panel to generate data to assist the advisory 
                panel in preparing the review required under section 
                7(d).
                    (C) Use of data.--The Secretary shall use data 
                resulting from the conduct of the trial projects--
                            (i) to examine the feasibility of 
                        implementing age limits at a broader scale; and
                            (ii) to provide recommendations regarding 
                        the manner by which future projects may be 
                        carried out more efficiently.
                    (D) Periodic reports.--The Secretary shall 
                periodically submit to the advisory panel a report 
                describing the data described subparagraph (B) for use 
                in the review required under section 7(d).

SEC. 10. COLLABORATION.

    (a) Collaborative Groups.--
            (1) Encouragement.--The Secretary shall encourage the 
        establishment and maintenance of new and existing collaborative 
        groups to assist in--
                    (A) the development and implementation of the 
                restoration assessment and ecological restoration 
                projects; and
                    (B) the implementation of this Act.
            (2) Recognition.--
                    (A) Application.--To be considered by the Secretary 
                to be a recognized collaborative group for a specific 
                area that is the subject of an activity under this Act, 
                a collaborative group shall submit to the Secretary an 
                application at such time, in such manner, and 
                containing such information as the Secretary may 
                require.
                    (B) Standards for recognition.--To recognize a 
                collaborative group under subparagraph (A), the 
                Secretary shall ensure that the collaborative group--
                            (i) represents multiple interested 
                        individuals who, in the aggregate, are 
                        comprised of diverse backgrounds and represent 
                        various interests that include (at a minimum)--
                                    (I) environmental organizations;
                                    (II) timber and forest products 
                                industry representatives; and
                                    (III) county governments (including 
                                an alternate designated community 
                                representative);
                            (ii) operates--
                                    (I) in a transparent and 
                                nonexclusive manner; and
                                    (II) by consensus or in accordance 
                                with voting procedures to ensure a high 
                                degree of agreement among participants 
                                and across various interests; and
                            (iii) requires a level of participation 
                        sufficient to ensure that members of the 
                        collaborative group are adequately informed 
                        before each vote.
                    (C) Withdrawal of official recognition.--
                            (i) Review of complaints.--The Secretary 
                        shall promptly review any complaint brought by 
                        any member of the public that alleges that a 
                        collaborative group recognized under 
                        subparagraph (A) has failed to meet any 
                        requirement described in subparagraph (B).
                            (ii) Effect of determination.--If the 
                        Secretary determines that an allegation 
                        possesses adequate merit, the Secretary shall 
                        withdraw the recognition of the collaborative 
                        group.
            (3) Public participation.--The Secretary shall provide to 
        the public notice and an opportunity for comment regarding each 
        proposed--
                    (A) recognition of a collaborative group; and
                    (B) withdrawal of recognition of a collaborative 
                group.
            (4) Role of collaborative groups.--In carrying out this 
        Act, the Secretary shall consider the recommendations of each 
        collaborative group recognized under paragraph (2).
            (5) Multiparty monitoring.--
                    (A) Authority of collaborative groups.--Each 
                collaborative group may monitor and evaluate each 
                ecological restoration project carried out under this 
                Act.
                    (B) Scope of evaluation.--In carrying out an 
                evaluation under subparagraph (A), a collaborative 
                group may assess each aspect of the ecological 
                restoration project, including--
                            (i) the status of the development, 
                        execution, and administration of the ecological 
                        restoration project;
                            (ii) each specific accomplishment that has 
                        resulted from the ecological restoration 
                        project; and
                            (iii) each ecological, economic, and social 
                        benefit, and the cost, to local communities and 
                        the Federal Government resulting from the 
                        ecological restoration project.
                    (C) Reports.--A collaborative group may submit to 
                the advisory panel a report containing the results of 
                the evaluation of the ecological restoration project 
                that is the subject of the evaluation.

SEC. 11. ENVIRONMENTAL ANALYSIS AND EXPEDITED ADMINISTRATIVE REVIEW.

    (a) In General.--With respect to each ecological restoration 
project carried out in the covered area under this Act, the Secretary 
shall be subject to each time line and process described in this 
section.
    (b) Environmental Analysis.--
            (1) Applicability.--Each ecological restoration project 
        carried out under this Act shall be subject to the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (2) Duty of secretary.--If the Secretary prepares for an 
        ecological restoration project an environmental impact 
        statement or similar analysis required under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 
        Secretary shall, to the maximum extent practicable, prepare an 
        environmental impact statement in a manner to ensure that not 
        more than 1 statement is necessary.
    (c) Public Notice and Comment.--
            (1) In general.--Before the beginning of the public comment 
        period described in paragraph (4), the Secretary shall consult 
        with collaborative groups in developing ecological restoration 
        projects.
            (2) Scoping documents.--The Secretary shall provide 
        informative scoping documents to facilitate early and effective 
        public involvement and collaboration.
            (3) Public notice.--To provide adequate notice to the 
        public during the scoping period, the Secretary shall, to the 
        maximum extent practicable, include the purpose and need, 
        proposed action, each potential issue, adequate maps, and any 
        other necessary documentation to help the public understand and 
        comment on the location of proposed treatments, and the scope 
        of each ecological restoration project, under this Act.
            (4) Public comment.--
                    (A) In general.--In accordance with subparagraph 
                (B), the Secretary shall provide notice and an 
                opportunity for public comment on each draft 
                environmental impact statement or similar analysis 
                prepared by the Secretary under subsection (b)(2).
                    (B) Comment periods.--In providing a period for 
                public comment under subparagraph (A), the Secretary 
                shall--
                            (i) for each categorical exclusion, provide 
                        a period of not less 15 days;
                            (ii) for each environmental assessment, 
                        provide a period of not less than 30 days; and
                            (iii) for each environmental impact 
                        statement, provide a period of not less than 45 
                        days.
            (5) Preparation of final document.--After taking into 
        consideration each comment received under paragraph (4), and 
        the recommendations of each applicable collaborative group, 
        with respect to the ecological restoration project, the 
        Secretary shall--
                    (A) prepare a final document under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) covering the ecological restoration project; and
                    (B) issue a proposed decision with respect to the 
                ecological restoration project.
    (d) Objections to Ecological Restoration Projects.--
            (1) Opportunity to object.--Before issuing a final decision 
        with respect to an ecological restoration project under this 
        Act, the Secretary shall permit persons described in paragraph 
        (2) to submit to the Secretary objections with respect to a 
        proposed decision relating to the ecological restoration 
        project during a 30-day period beginning on the date on which 
        the Secretary issues a proposed decision under subsection 
        (c)(5)(B).
            (2) Authorized persons.--A person may submit to the 
        Secretary an objection under paragraph (1) if the person 
        submitted to the Secretary comments during--
                    (A) the development of the ecological restoration 
                project that is the subject of the objection; or
                    (B) the comment period of the ecological 
                restoration project that is the subject of the 
                objection.
            (3) Objection resolution meeting.--
                    (A) In general.--Subject to a request by a person 
                who submitted an objection under paragraph (1) or by 
                the Secretary, and the acceptance by the party 
                receiving the request, the person and the Secretary may 
                conduct an objection resolution meeting.
                    (B) Authority of applicable collaborative group.--
                Members of a collaborative group the jurisdiction of 
                which covers land on which the conduct of ecological 
                restoration project that is the subject of an objection 
                described in subparagraph (A) is proposed may attend 
                the objection resolution meeting held under that 
                subparagraph.
            (4) Deadline for final determination.--
                    (A) In general.--Not later than 30 days after the 
                completion of the objection period described in 
                paragraph (1), the Secretary shall make a final 
                determination with respect to each objection submitted 
                to the Secretary under paragraph (1).
                    (B) Failure to make final determination.--If the 
                Secretary fails to make a final determination with 
                respect to any objection filed under paragraph (1) by 
                the date that is 30 days after the date described in 
                that paragraph--
                            (i) the objection shall be considered to be 
                        denied; and
                            (ii) the proposed decision that is the 
                        subject of the objection shall be considered to 
                        be a final agency action for purposes of 
                        subchapter II of chapter 5, and chapter 7, of 
                        title 5, United States Code (commonly known as 
                        the ``Administrative Procedure Act'').
            (5) Procedure.--
                    (A) No objections.--If no objection is submitted 
                under paragraph (1), on the date that is 30 days after 
                the date on which the public comment period described 
                in that paragraph terminates, the Secretary shall 
                implement each ecological restoration project that is 
                the subject of the public comment period.
                    (B) Objections.--If an objection is submitted under 
                paragraph (1)--
                            (i) the Chief of the Forest Service may not 
                        take any action to implement the ecological 
                        restoration project that is the subject of the 
                        objection until the date on which a final 
                        determination is made or considered to be made 
                        under paragraph (4); and
                            (ii) after the date on which a final 
                        determination is made or considered to be made 
                        under paragraph (4), the Chief of the Forest 
                        Service may implement the ecological 
                        restoration project that is the subject of the 
                        objection.
    (e) Judicial Review.--
            (1) Expeditious completion of judicial review.--In the 
        judicial review of an action challenging an ecological 
        restoration project developed under this Act, Congress 
        encourages the court of competent jurisdiction to expedite, to 
        the maximum extent practicable, the proceedings in the action 
        with the goal of rendering a final determination on 
        jurisdiction, and (if jurisdiction exists) a final 
        determination on the merits, as soon as practicable after the 
        date on which a complaint or appeal is filed to initiate the 
        action.
            (2) Consideration of potential short- and long-term 
        effects.--In weighing each equity during the consideration of 
        any request for an injunction that applies to an agency action 
        with respect to an ecological restoration project carried out 
        under this Act, the court reviewing the ecological restoration 
        project shall consider the impact to the ecosystem that could 
        potentially result from--
                    (A) the short- and long-term effects of undertaking 
                the agency action; and
                    (B) the short- and long-term effects of not 
                undertaking the agency action.
    (f) Implementation of Ecological Restoration Projects.--Given the 
large backlog of acreage in need of ecological restoration in the 
covered area, the Secretary shall promptly implement an ecological 
restoration project following the final agency action.
    (g) Litigation.--Any person who has submitted a comment regarding 
an interim project or an ecological restoration project may intervene 
in any legal action that challenges the interim project or ecological 
restoration project.

SEC. 12. BIOMASS.

    (a) In General.--Notwithstanding any other provision of law 
(including regulations) relating to the use of biomass energy, in 
accordance with each purpose and goal of this Act, and any applicable 
recommendation of the advisory panel, the Secretary shall take such 
actions as are necessary to further enhance the use of woody biomass in 
the covered area.
    (b) Regional Biomass Projects.--
            (1) In general.--On a determination by the Secretary that 
        forest conditions, commercial interests, and an adequate supply 
        from a combination of Federal and non-Federal sources indicate 
        a viable economic supply and demand for establishing a regional 
        biomass project, the Secretary may designate an area within the 
        covered area in which--
                    (A) the removal of biomass is necessary to restore 
                forest health; and
                    (B) a sufficient volume of material is expected to 
                be available to support a 20 year-lifespan of capital 
                investments for biomass use.
            (2) Volume estimate.--The Secretary shall develop an 
        estimate of the volume of biomass that--
                    (A) consists of slash, brush, and any tree that 
                does not exceed the minimum size standards for 
                sawtimber; and
                    (B) can be supplied in a sustainable manner on a 
                contractual basis over a contract term of not more than 
                20 years.
            (3) Sense of congress.--It is the sense of Congress that 
        biomass industries arising from the conduct of this subsection 
        will rely on Federal and non-Federal forests for the supply of 
        raw materials.
            (4) Contracts.--Upon the development of an estimate 
        required under paragraph (2), the Secretary may enter into a 
        contract to supply biomass over a term of not more than 20 
        years, with the option of making adjustments after a period of 
        10 years based on supply conditions.

SEC. 13. LOCAL CONTRACTING.

    (a) In General.--To carry out restoration projects under this Act, 
the Secretary shall, to the maximum extent practicable, through 
agreements or contracts, enter into stewardship contracting projects.
    (b) Duration.--An agreement or contract under subsection (a) shall, 
to the maximum extent practicable, be in effect for a period of 20 
years, with the option of adjustments after 10 years based on defined 
benchmarks.
    (c) Performance and Payment Guarantees.--The Secretary may require 
performance and payment bonds as the Secretary determines to be 
appropriate, the amounts of which shall be reduced as the subject 
contractor achieves benchmarks established by the Forest Service.
    (d) Procurement Procedure.--In selecting a source for performance 
of an agreement or contract under subsection (a), the Secretary shall--
            (1) comply with section 347(c)(1) of the Department of the 
        Interior and Related Agencies Appropriations Act, 1999 (16 
        U.S.C. 2104 note; Public Law 105-277);
            (2) consider past performance relating to the purposes and 
        goals of this Act; and
            (3) give preference to local businesses located within a 
        100-mile radius of a National Forest where the project is 
        located.

SEC. 14. ADMINISTRATION.

    (a) Effect on Treaties or Other Laws.--
            (1) Treaties.--Nothing in this Act increases or diminishes 
        any right described in a treaty between an Indian tribe and the 
        United States.
            (2) Federal laws.--Except as otherwise provided in this 
        Act, nothing in this Act affects any Federal law (including 
        regulations).
            (3) Relationship to other authority.--
                    (A) In general.--The Secretary may use any 
                authority provided under another provision of law 
                (other than this Act) to carry out projects in a 
                covered area.
                    (B) Certain projects.--If the Secretary uses the 
                authority provided by sections 9 and 11 to carry out an 
                interim or ecological restoration project, the 
                Secretary may not use authority provided under another 
                provision of law (other than this Act) to carry out the 
                interim or ecological restoration project.
    (b) Principal Agency Contact.--
            (1) Selection.--The Secretary shall select a Deputy 
        Regional Forester to serve as the principal agency contact for 
        the implementation of this Act.
            (2) Duties.--The Deputy Regional Forester shall--
                    (A) serve as the point-of-contact for--
                            (i) the advisory panel; and
                            (ii) each collaborate group;
                    (B) resolve disagreements between any collaborative 
                group and the forest officer that serves as the primary 
                point-of-contact of the collaborative group; and
                    (C) facilitate communications among--
                            (i) the advisory panel;
                            (ii) collaborative groups;
                            (iii) employees of the Forest Service; and
                            (iv) any other stakeholders (including the 
                        public).
    (c) Evaluative Criteria.--To determine and ensure compliance with 
this Act, the Secretary shall use the qualitative criteria described in 
section 4(a).

SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated $50,000,000 
to carry out this Act, to remain available until expended.
    (b) Use of Funds.--Not more than 3 percent of the amount made 
available under subsection (a) may be used to pay for costs arising 
from overhead expenses of the Department of Agriculture.
    (c) Receipts.--
            (1) In general.--Receipts from sales made under projects 
        authorized under this Act shall be retained and used by the 
        Secretary to conduct further planning and implementation of 
        projects under this Act, without further appropriation or 
        fiscal year limitation.
            (2) Other receipt laws.--Nothing in this Act affects any 
        other Federal law governing the disposition of receipts.
                                 <all>
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