I 

108TH CONGRESS 

1ST SESSION H. R. 835

To provide for enhanced collaborative forest stewardship management within 

the Clearwater and Nez Perce National Forests in Idaho, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2003

Mr. OTTER (for himself and Mr. SIMPSON) introduced the following bill; which 

was referred to the Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL

To provide for enhanced collaborative forest stewardship 

management within the Clearwater and Nez Perce National Forests in Idaho, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clearwater Basin 

5 Project Act’’. 

6 SEC. 2. FINDINGS AND DEFINITIONS. 

7 (a) FINDINGS.—Congress finds the following: 
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1 (1) Elk populations within the Clearwater 

2 Basin in the State of Idaho have diminished dras3 tically, in part because of lack of forage and habitat 

4 within the Clearwater and Nez Perce National For5 ests. 

6 (2) Populations of salmon and steelhead within 

7 the Clearwater Basin are listed as endangered or 

8 threatened, and restoration and protection of habitat 

9 within the Clearwater and Nez Perce National For10 ests will assist the recovery of these species. 

11 (3) The Red and American River drainages 

12 within the Clearwater Basin are experiencing large 

13 forest insect infestations and fuel loads that increase 

14 the risk of catastrophic fire and extensive destruc15 tion of fish, wildlife, and other forest ecosystem and 

16 community values. 

17 (4) Other Clearwater and Nez Perce National 

18 Forest areas within the Clearwater Basin present 

19 similar issues that are related to forest conditions 

20 outside the historic range of variability and other 

21 factors. 

22 (5) Communities within the Clearwater Basin 

23 are dependent upon sustainable, healthy forest con24 ditions for employment and other economic benefits, 

25 protection of property, and quality of life. 
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1 (6) The Clearwater Basin is an area of signifi2 cant importance to the Nez Perce Tribe and mem3 bers of that Tribe continue to exercise treaty-re4 served hunting and fishing rights in the Basin. 

5 (7) In order to protect and improve habitat for 

6 elk, salmon, steelhead and other key fish and wildlife 

7 species, reduce threats of catastrophic fire, and 

8 achieve other forest stewardship objectives, there is 

9 a need for vegetation treatments and other restora10 tion and enhancement actions on National Forest 

11 System land in the Clearwater Basin. 

12 (8) A pilot project, in which an advisory group 

13 and the Forest Service engage with the Nez Perce 

14 Tribe and other interested parties to identify and 

15 complete high priority activities through a collabo16 rative approach, will address a compelling need to 

17 improve ecosystem health for fish, wildlife, and other 

18 community values and complement existing manage19 ment of the Clearwater and Nez Perce National For20 ests. 

21 (b) DEFINITIONS.—In this Act: 

22 (1) The terms ‘‘Clearwater Advisory Panel’’ 

23 and ‘‘CAP’’ mean the advisory group established by 

24 the Secretary under section 3. 
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1 (2) The terms ‘‘Clearwater Basin Pilot Project’’ 

2 and ‘‘pilot project’’ mean the pilot project for certain 

3 National Forest System lands in the Clearwater 

4 Basin authorized by section 4. 

5 (3) The term ‘‘pilot project area’’ means the 

6 area described in section 4(a) in which the pilot 

7 project will be conducted. 

8 (4) The term ‘‘Secretary’’ means the Secretary 

9 of Agriculture. 

10 (5) The term ‘‘stewardship contract’’ means a 

11 contract to achieve land management goals for Na12 tional Forest System lands that meet local and rural 

13 community needs, as further described in section 

14 347 of the Department of the Interior and Related 

15 Agencies Appropriations Act, 1999 (as contained in 

16 section 101(e) of division A of Public Law 105–277; 

17 16 U.S.C. 2104 note). 

18 (6) The term ‘‘stewardship objectives’’ means 

19 objectives that enhance forest ecosystems, and re20 store and improve land health and water quality, 

21 such as—

22 (A) road, trail, and infrastructure mainte23 nance or obliteration; 

24 (B) soil productivity improvement; 
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1 (C) improvements in forest ecosystem 

2 health; 

3 (D) watershed restoration and mainte4 nance; 

5 (E) restoration, maintenance and improve6 ment of wildlife and fish habitat; 

7 (F) control of noxious weeds; and 

8 (G) reestablishment of native species. 

9 SEC. 3. CLEARWATER ADVISORY PANEL. 

10 (a) ESTABLISHMENT AND PURPOSE.—The Secretary 

11 shall establish an advisory group, to be known as the 

12 ‘‘Clearwater Advisory Panel’’, for the purpose of improv13 ing collaborative relationships and providing advice and 

14 recommendations to the Forest Service regarding the 

15 Clearwater Basin pilot project and activities under the 

16 pilot project, as authorized by and consistent with this 

17 Act. 

18 (b) DUTIES.—The CAP shall—

19 (1) review and make recommendations to the 

20 Forest Service regarding activities proposed for high 

21 priority implementation as part of the pilot project 

22 under this Act; 

23 (2) provide early and continuous coordination 

24 with appropriate Forest Service and other agency of-
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1 ficials in reviewing and recommending activities for 

2 high priority implementation under this Act; 

3 (3) provide frequent opportunities for citizens, 

4 organizations, tribes, agencies, and other interested 

5 parties to participate openly and meaningfully, be6 ginning at the early stages of the activity schedule 

7 development process under this Act. 

8 (c) APPOINTMENT OF MEMBERS.—

9 (1) APPOINTMENT AND TERM.—Consistent with 

10 subsection (d), the Secretary shall appoint the mem11 bers of the CAP. A member of the CAP shall serve 

12 for a term of three years beginning on the date of 

13 appointment. The Secretary may reappoint members 

14 to subsequent three-year terms. 

15 (2) INITIAL APPOINTMENT.—The Secretary 

16 shall make initial appointments to the CAP not later 

17 than 90 days after the date of the enactment of this 

18 Act. 

19 (3) VACANCIES.—The Secretary shall make ap20 pointments to fill vacancies on the CAP as soon as 

21 practicable after the vacancy has occurred. 

22 (4) COMPENSATION.—Members of the CAP 

23 shall serve without compensation. 

24 (d) COMPOSITION.—
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1 (1) NUMBER.—The CAP shall be comprised of 

2 15 members. 

3 (2) COMMUNITY INTERESTS REPRESENTED.—

4 Committee members shall be representative of the 

5 interests of the following three categories: 

6 (A) Five persons who—

7 (i) represent organized labor; 

8 (ii) represent developed outdoor recre9 ation, off highway vehicle users, or com10 mercial recreation activities; 

11 (iii) represent energy and mineral de12 velopment interests; 

13 (iv) represent the commercial timber 

14 industry; or 

15 (v) hold Federal grazing permits, or 

16 other land use permits within the pilot 

17 project area. 

18 (B) Five persons representing—

19 (i) nationally recognized environ20 mental organizations; 

21 (ii) regionally or locally recognized en22 vironmental organizations; 

23 (iii) dispersed recreational activities; 

24 (iv) archeaological and historical in25 terests; or 
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1 (v) nationally or regionally recognized 

2 fish and wildlife interest groups. 

3 (C) Five persons who—

4 (i) hold State elected office or their 

5 designee; 

6 (ii) hold county or local elected office; 

7 (iii) represent Indian Tribes within or 

8 adjacent to the pilot project area; 

9 (iv) are school officials or teachers; or 

10 (v) represent the affected public at 

11 large. 

12 (3) BALANCED REPRESENTATION.—The Sec13 retary shall provide for balanced and broad rep14 resentation from within each category described in 

15 paragraph (2). 

16 (4) GEOGRAPHIC DISTRIBUTION.—The mem17 bers of the CAP shall reside within the State of 

18 Idaho and, to the extent practicable, within or adja19 cent to the pilot project area. 

20 (e) APPROVAL PROCEDURES.—

21 (1) ESTABLISHMENT.—Subject to paragraph 

22 (2) and the other requirements of this Act, the CAP 

23 shall establish procedures for proposing, developing, 

24 and reviewing activities and schedules for rec25 ommendation to the Forest Service for approval and 
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1 implementation under the pilot project. A quorum 

2 must be present to constitute an official meeting of 

3 the CAP. 

4 (2) MAJORITY VOTE.—An activity or schedule 

5 may be recommended by the CAP to the applicable 

6 Forest Supervisor for approval and implementation 

7 under the pilot program if it has been approved by 

8 a majority of CAP members from each of the three 

9 categories described in subsection (d)(2). 

10 (f) OTHER AUTHORITIES AND REQUIREMENTS.—

11 (1) STAFF ASSISTANCE.—The CAP may submit 

12 to the Secretary a request for staff assistance from 

13 Federal employees under the jurisdiction of the Sec14 retary. 

15 (2) MEETINGS.—All meetings of the CAP shall 

16 be announced at least one week in advance in a local 

17 newspaper of record and shall be open to the public. 

18 (3) RECORDS.—The CAP shall maintain 

19 records of the meetings of the panel and make the 

20 records available for public inspection. 

21 (4) CHAIRPERSON.—A majority on the CAP 

22 shall select the chairperson of the CAP. 

23 SEC. 4. CLEARWATER BASIN PILOT PROJECT. 

24 (a) PILOT PROJECT REQUIRED.—The Secretary shall 

25 conduct a pilot project under this section, to be known 
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1 as the ‘‘Clearwater Basin pilot project’’, on those National 

2 Forest System lands encompassed by the North Fork, 

3 Powell, and Lochsa Ranger Districts of the Clearwater 

4 National Forest in the State of Idaho, and the Red River/

5 Elk City, Moose Creek and Clearwater Ranger Districts 

6 of the Nez Perce National Forest in the State of Idaho. 

7 (b) ROLE OF CAP.—The CAP shall review and rec8 ommend activities for high priority implementation within 

9 the pilot project area that are authorized under this Act, 

10 according to the requirements of this Act. 

11 (c) AUTHORIZED ACTIVITIES.—The CAP may rec12 ommend activities for which funding is authorized and ap13 propriated under this Act or other law. The activities that 

14 the CAP recommends for implementation under the pilot 

15 project shall be those activities that the CAP determines 

16 are high priority to implement stewardship objectives. 

17 (d) STEWARDSHIP CONTRACTS.—A total of four 

18 stewardship contracts may be entered into as part of the 

19 pilot project. The stewardship contracts shall be divided 

20 equally between the two national forests referred to in sub21 section (a). These contracts are in addition to any stew22 ardship contracts authorized under any other law. 

23 (e) ACTIVITY SCHEDULES.—

24 (1) DEVELOPMENT.—Within two years after 

25 the date of the enactment of this Act, the CAP shall 
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1 develop and submit for Forest Supervisor review 

2 schedules of high priority activities to be commenced 

3 within the pilot project area for the ensuing five-year 

4 period. Separate schedules shall be developed for the 

5 Clearwater National Forest portion of the pilot 

6 project area and the Nez Perce National Forest por7 tion of the pilot project area. Thereafter, the CAP 

8 shall develop and submit in advance schedules for 

9 subsequent following five-year periods. 

10 (2) CONSULTATION.—The CAP shall prepare 

11 the schedules in consultation with, and with tech12 nical assistance from, the applicable Forest Super13 visor. The CAP shall also consult with the Nez 

14 Perce Tribe in developing and recommending each 

15 five-year schedule. The Forest Service shall consult 

16 with the Tribe to assure that the activities in the 

17 schedule are consistent with treaty and any other 

18 obligations to the Tribe. 

19 (3) CONTENT.—Each five-year schedule shall 

20 be in sufficient detail to describe the high priority 

21 activities to be conducted in the pilot project area 

22 over the five-year period and the timing for their im23 plementation, and to allow reasonable site-specific, 

24 project level evaluation of their environmental ef25 fects. The scope of the activities included in each 
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1 schedule shall be reasonably adjusted to the extent 

2 that the CAP and applicable Forest Supervisor de3 termine necessary to allow such evaluation to be 

4 completed within the time periods provided by this 

5 Act. 

6 (4) CONSISTENCY WITH FOREST PLAN.—The 

7 activities included within the five-year schedules 

8 shall be consistent with the applicable forest land 

9 and resource management plan. The schedule may 

10 include any amendment of the applicable forest land 

11 and resource management plan that the CAP rec12 ommends or that the applicable Forest Supervisor 

13 determines is necessary to allow or facilitate imple14 mentation of one or more activities in the schedule. 

15 (f) NEPA REQUIREMENTS AND RELATED PROCE16 DURES.—

17 (1) PROCESS.—The Forest Service shall con18 duct any applicable procedures under the National 

19 Environmental Policy Act of 1969 (42 U.S.C. 4321 

20 et seq.) for the approval, at the site-specific, project 

21 level, of the activities in each five-year schedule, 

22 tiered to the extent appropriate to the environmental 

23 impact statement for the applicable forest land and 

24 resource management plan. The procedures under 

25 such Act, and any review, consultation, or coordina-
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1 tion under other laws, including the Forest and 

2 Rangeland Renewable Resources Planning Act of 

3 1974 (16 U.S.C. 1600 et seq.), Endangered Species 

4 Act of 1973 (16 U.S.C. 1531 et seq.), and National 

5 Historic Preservation Act (16 U.S.C. 470), shall be 

6 completed within one year after the Forest Service, 

7 in consultation with the CAP, issues the public 

8 scoping notice regarding the proposed schedule. 

9 (2) RESOURCES.—The Forest Service, and any 

10 other Federal agencies involved in the process de11 scribed in paragraph (1), shall provide sufficient per12 sonnel and other resources, directly or through con13 tracting, to complete the review, consultation, or co14 ordination within the required one-year period, and 

15 without substantially delaying implementation of 

16 other forest management activities in Region 1 of 

17 the Forest Service. The Forest Service and other in18 volved agencies may rely upon or use any analysis, 

19 documents, or procedures previously performed 

20 under the National Environmental Policy Act of 

21 1969 or other law for any activity in the schedule. 

22 (3) EFFECT OF FAILURE TO COMPLETE PROC23 ESS.—If any review, consultation, or coordination re24 quired under the National Environmental Policy Act 

25 of 1969 or other law has not been completed for a 
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1 schedule within the required one-year period, the 

2 lack of completion shall not be a basis for chal3 lenging or delaying submittal, approval, or imple4 mentation of an activity in the schedule, if the appli5 cable Forest Supervisor, in consultation with the 

6 CAP, finds that sufficient review, consultation, and 

7 coordination regarding the activity has occurred and 

8 a sufficient record exists to make a reasoned deci9 sion regarding approval of the activity. 

10 (g) REVIEW BY FOREST SUPERVISOR.—

11 (1) SUBMISSION.—The CAP shall submit a 

12 final recommendation regarding each five-year 

13 schedule, together with the record of the review, con14 sultation, and coordination performed under sub15 section (f) for the schedule, to the applicable Forest 

16 Supervisor for review. The final recommendation 

17 and record shall be submitted to the Forest Super18 visor at least 30 days in advance of the date for 

19 commencing implementation of activities under the 

20 schedule. 

21 (2) REVIEW.—Within 30 days after receiving 

22 the CAP-recommended schedule and record, the 

23 Forest Supervisor shall issue a project or activity de24 cision document regarding review of the rec25 ommended schedule in accordance with the National 
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1 Environmental Policy Act of 1969 and any other ap2 plicable procedures. In the decision document, the 

3 Forest Supervisor may approve the schedule, place 

4 conditions on implementing the schedule, or dis5 approve the schedule and return it to the CAP for 

6 further consideration with instructions. If the Forest 

7 Supervisor has not issued a decision document upon 

8 expiration of the 30-day period, the schedule shall be 

9 deemed approved by the Forest Supervisor and sub10 ject to administrative appeal under Department of 

11 Agriculture procedures applicable to Forest Service 

12 project or activity record of decision or decision no13 tice documents issued pursuant to the National En14 vironmental Policy Act of 1969. 

15 (h) IMPLEMENTATION.—Upon approval of the sched16 ule, but subject to any stay that may be in effect pursuant 

17 to Forest Service project or activity administrative appeal 

18 procedures, the Forest Service may issue permits, con19 tracts, and other authorizations for activities in the sched20 ule. 

21 (i) ACTIVITIES NOT INCLUDED IN A 5-YEAR SCHED22 ULE; AMENDMENT OF SCHEDULE.—An activity that the 

23 CAP determines should proceed in advance of approval of 

24 the first five-year schedule, or an activity in the pilot 

25 project area that is not included in a five-year schedule, 
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1 may be approved and implemented on an individual or 

2 grouped basis, upon completing the process and require3 ments for review and approval of a five-year schedule. A 

4 five-year schedule may be amended upon completing the 

5 process and requirements for review and approval of the 

6 schedule. 

7 (j) RELATION TO OTHER SCHEDULES, PLANS AND

8 ACTIVITIES.—The five-year schedules and activities au9 thorized under the pilot project shall supplement other 

10 schedules, plans, and projects or other activities author11 ized and implemented under other law. Upon CAP rec12 ommendation and applicable Forest Supervisor approval, 

13 an activity that is included in another schedule or plan 

14 or proposed, authorized, or funded under other law may 

15 be authorized and implemented as an activity under the 

16 pilot project, if the activity meets the requirements of this 

17 section for implementation as a high priority activity. 

18 SEC. 5. MONITORING AND REPORTING REQUIREMENTS. 

19 (a) REPORT ON APPLICABLE RULES AND REGULA20 TIONS.—The CAP may submit to the Secretary, the Com21 mittee on Energy and Natural Resources of the Senate 

22 and the Committee on Resources of the House of Rep23 resentatives a compilation of regulations applicable to the 

24 pilot project that the CAP determines are inappropriate 
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1 for the pilot project, incompatible with the pilot project, 

2 or unduly burdensome in conducting the pilot project. 

3 (b) MONITORING, ANNUAL REPORT ON THE

4 PROJECT.—The Secretary shall monitor the activities and 

5 achievements in the pilot project area under the pilot 

6 project. Not later than two years after the date of the en7 actment of this Act, and each year thereafter during the 

8 pilot project, the Secretary shall submit a report to the 

9 Committee on Energy and Natural Resources of the Sen10 ate and the Committee on Resources of the House of Rep11 resentatives on the results of such monitoring, including 

12 detailed information on the sources and uses of funds and 

13 the status, outputs, and other results accomplished for 

14 each activity recommended for priority implementation by 

15 the CAP under the pilot project. 

16 (c) STATE OF IDAHO REPORT.—The Secretary shall 

17 request the State of Idaho to prepare a report, through 

18 the University of Idaho College of Natural Resources or 

19 other source, reviewing the activities and achievements of 

20 the pilot project in the pilot project area. The Secretary 

21 shall request the State to prepare and submit the report 

22 at five-year intervals to the Secretary, the Committee on 

23 Energy and Natural Resources of the Senate, and the 

24 Committee on Resources of the House of Representatives. 

25 The requested report should include an assessment of 
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1 whether, and to what extent, the activities conducted 

2 under the pilot project are meeting or enhancing the ac3 complishment of stewardship objectives. 

4 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to the Secretary such sums 

7 as may be necessary for the following purposes: 

8 (1) Developing, submitting, reviewing, and im9 plementing five-year schedules and priority activities 

10 under the pilot project, including the stewardship 

11 contracts authorized by this Act. 

12 (2) Other CAP activities and technical assist13 ance to the CAP for purposes of the pilot project. 

14 (3) Monitoring and reporting requirements 

15 under section 5. 

16 (4) Such other actions as are necessary to im17 plement this Act. 

18 (b) DURATION OF AUTHORIZATION.—The authoriza19 tion of appropriations in subsection (a) shall apply 

20 through fiscal year 2012. 

21 (c) AVAILABILITY.—Amounts appropriated for the 

22 purposes specified in subsection (a) shall remain available 

23 until expended. 

24 (d) TREATMENT OF RECEIPTS.—Notwithstanding 

25 the Secure Rural Schools and Community Self-Determina-
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1 tion Act of 2000 (Public Law 106–393; 16 U.S.C. 500 

2 note), any moneys received by the Forest Service from ac3 tivities approved and implemented under the pilot project 

4 shall be distributed in accordance with the sixth paragraph 

5 under the heading ‘‘Forest Service’’ in the Act of May 23, 

6 1908 (16 U.S.C. 500). 

7 SEC. 7. SEVERABILITY. 

8 If any provision of this Act or the application of this 

9 Act to any person or circumstances is held to be invalid, 

10 the validity of the remainder of this Act and of the appli11 cation of such provision to other persons and cir12 cumstances shall not be affected.

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