```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 229 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 229

  To authorize the Secretary of Agriculture and the Secretary of the 
 Interior to declare that a forest health emergency exists on Federal 
lands under their jurisdiction, to carry out accelerated forest health 
 improvement programs to prevent further forest damage and reduce the 
risk of disaster wildfires on these lands, and to implement management 
 strategies designed to produce sustained, diverse, and healthy forest 
                       ecosystems on these lands.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

 Mr. LaRocco introduced the following bill; which was referred to the 
            Committees on Agriculture and Natural Resources

                             August 9, 1993

Additional sponsors: Mr. Swift, Mr. Neal of Massachusetts, Mr. Dooley, 
  Mr. DeFazio, Mr. Herger, Mrs. Mink, Mr. Murphy, Mr. Richardson, Mr. 
  Kopetski, Mr. Abercrombie, Mrs. Unsoeld, Mr. Orton, Mr. Lehman, Mr. 
Lewis of Georgia, Mr. Bilbray, Mr. Rahall, Mr. Hastings, Mr. Swett, and 
                              Mrs. Thurman

_______________________________________________________________________

                                 A BILL

 
  To authorize the Secretary of Agriculture and the Secretary of the 
 Interior to declare that a forest health emergency exists on Federal 
lands under their jurisdiction, to carry out accelerated forest health 
 improvement programs to prevent further forest damage and reduce the 
risk of disaster wildfires on these lands, and to implement management 
 strategies designed to produce sustained, diverse, and healthy forest 
                       ecosystems on these lands.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Forest 
Health Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Forest health emergencies.
Sec. 5. Forest health improvement programs.
Sec. 6. Forest health improvement projects.
Sec. 7. Analysis and review of projects.
Sec. 8. Administrative and judicial review.
Sec. 9. Lands excluded from treatment under a program.
Sec. 10. Annual forest health report.
Sec. 11. National Commission on Wildfire Disasters.
Sec. 12. Authorization of appropriations.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Forest health emergencies currently exist on many 
        Federal forest lands that--
                    (A) have substantial areas of dead and dying trees 
                as a result of drought, insect infestations, disease, 
                fire, windstorm, or other causes; or
                    (B) are at high risk of extreme damage from 
                drought, insect infestations, disease, fire, or 
                windstorm as a result of forest conditions that are 
                outside the natural range of variability for the forest 
                site involved.
            (2) There are many complex causes for these forest health 
        emergencies, including historic and recent forest management 
        methods, fire suppression policies, forest-type changes, and 
        climate trends, such as the prolonged drought of the 1980's and 
        the exceptionally severe drought experienced in 1992.
            (3) When forest health emergencies exist and are allowed to 
        spread, substantial economic losses are sustained by Federal, 
        State, and local governments and individuals through the loss 
        of timber, watershed quality and performance, recreational 
        opportunities, and fishery and wildlife habitat.
            (4) Federal forest lands subject to a forest health 
        emergency, if properly thinned or otherwise treated to reduce 
        unnatural levels of dry fuel, will have a better chance of 
        resisting insect and disease epidemics, as well as being able 
        to tolerate both prescribed fire and occasional wildfires.
            (5) The removal of dead, dying, and excess live trees on 
        Federal forest lands subject to a forest health emergency, if 
        done expeditiously and with sensitivity to the need to retain 
        some dead wood to help provide stand structure for multi-
        resource values, can begin the forest health restoration 
        process, retain the commercial value of timber, provide jobs 
        and economic activity in forest-related communities, produce 
        revenues for the local, State, and Federal governments, and 
        help assure long-term forest health and productivity.
            (6) The current programs of the Federal land management 
        agencies are not able to respond rapidly and fully enough to 
        meet the greatly increasing forest health emergencies occurring 
        on many Federal forest lands, and an expedited forest health 
        improvement program, over a period of several years, is 
        essential in order to restore forest health, reduce the risk of 
        disaster wildfires, prevent future forest health emergencies, 
        assure a healthy and productive forest that can be sustained in 
        the future, and reduce the risk of financial loss to the United 
        States Treasury, State and local governments, and private 
        citizens.
            (7) In the case of many of these forest health emergencies, 
        a long-term concerted effort will be required to control a 
        forest health emergency, correct unhealthy conditions, and 
        monitor future progress once desired conditions are achieved.
            (8) The Bureau of Land Management of the Department of 
        Interior has no statutory provisions or procedures for the 
        maintenance of forest health on Federal forest lands under the 
        its jurisdiction, and such provisions are necessary to 
        authorize the Bureau of Land Management to expend receipts from 
        the sale of salvage timber or other salvaged forest products 
        for the purpose of restoring and maintaining future forest 
        health on such lands.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide a mechanism by which the Forest Service and 
        the Bureau of Land Management can expeditiously address forest 
        health emergencies existing on Federal forest lands and carry 
        out an accelerated forest health improvement program for these 
        forests;
            (2) to encourage accelerated forest management actions that 
        improve the health of Federal forest lands subject to a forest 
        health emergency and enhance the ability to manage these 
        forests as thriving ecosystems to serve a wide range of future 
        uses;
            (3) to provide flexibility during a forest health emergency 
        to combine timber sale, salvage sale, timber stand improvement, 
        reforestation, fuels management, insect and disease control, 
        and other authorized activities into coordinated forest health 
        improvement projects that carry out both product and non-
        product related management actions focused on improving forest 
        health and creating resilient, productive forest ecosystems;
            (4) to establish expedited review and decision making on 
        the management actions needed to implement a forest health 
        improvement program in a manner consistent with applicable 
        forest management plans and in compliance with the National 
        Environmental Policy Act of 1969 (42 U.S.C. 43211 et seq.), the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the 
        Clean Water Act (33 U.S.C. 1251 et seq.), the Clean Air Act (42 
        U.S.C. 7401 et seq.), and other environmental laws;
            (5) to broaden the study and reporting mandate of the 
        National Commission on Wildfire Disasters and improve the 
        funding for the Commission; and
            (6) to provide for an annual report from the Secretary of 
        Agriculture and the Secretary of Interior to the Congress on 
        the health of the nation's forests, including information about 
        the progress of addressing the serious health problems of those 
        Federal forest lands subject to a forest health emergency.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Federal forest lands'' means--
                    (A) those lands included in the National Forest 
                System (as defined in section 11(a) of the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1609(a)); and
                    (B) the public lands (as defined in section 103(e) 
                of the Federal Land Policy and Management Act of 1976 
                (43 U.S.C. 1702(e)).
            (2) The term ``Secretary concerned'' means--
                    (A) the Secretary of Agriculture, in the case of 
                Federal forest lands described in paragraph (1)(A); and
                    (B) the Secretary of the Interior, in the case of 
                Federal forest lands described in paragraph (1)(B).
            (3) The term ``Federal land management agency'' means--
                    (A) the Forest Service, in the case of Federal 
                forest lands described in paragraph (1)(A); and
                    (B) the Bureau of Land Management, in the case of 
                Federal forest lands described in paragraph (1)(B).
            (4) The term ``disaster wildfire'' means wildfires that, 
        because of size, location, difficulty of control, watershed 
        sensitivity, or other characteristics, pose a significant 
        threat to human life or development in or near Federal forest 
        lands or threaten long-term sustainability of healthy forest 
        stands.
            (5) The term ``forest health'' means the condition of the 
        forest in terms of its capacity to tolerate natural and human 
        influences (such as insects, diseases, atmospheric deposition, 
        silvicultural practices, harvesting practices, and wildfire) 
        within the natural range of variability for the ecological 
        system involved and the desired range of ecological variability 
        for the land use in and around the forest unit.
            (6) The term ``program'' means a forest health improvement 
        program prepared by a Federal land management agency under 
        section 5.
            (7) The term ``project'' means a forest health improvement 
        project developed under section 6.
            (8) The term ``land management plan'' means--
                    (A) a land and resource management plan prepared by 
                the Forest Service pursuant to section 6 of the Forest 
                and Rangeland Renewable Resources Planning Act of 1974 
                (16 U.S.C. 1604) for Federal forest lands described in 
                paragraph (1)(A) or, if a final plan is not in effect, 
                the draft final plan for such lands; or
                    (B) a land use plan prepared by the Bureau of Land 
                Management pursuant to section 202 of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1712), or 
                other plan currently in effect, for Federal forest 
                lands described in paragraph (1)(B).
            (9) The term ``pest'' means any organism whose presence at 
        current or foreseeable population levels threatens the 
        potential for restoration or maintenance of acceptable forest 
        health conditions.

SEC. 4. FOREST HEALTH EMERGENCIES.

    (a) Declaration of Emergency for Lands Subject to Unacceptable 
Health Conditions.--The Secretary concerned may declare a forest health 
emergency to exist with respect to a unit or portion of a unit of 
Federal forest lands if the Secretary concerned finds that at least one 
of the following unacceptable forest health conditions exist on such 
lands:
            (1) Forests on such lands have experienced substantial 
        disturbances, such as disaster wildfires or pest epidemics, 
        that have caused total or near-total stand mortality, but 
        timely restoration work would speed up the landscape's ability 
        to initiate an early seral-stage forest within the natural or 
        desired range of variability, while inaction would result in 
        further environmental degradation, such as soil erosion or 
        stream damage, or an unacceptable period of time for 
        regeneration and the related succession of plant and animal 
        communities native or adapted to the site.
            (2) Forest structure, function, or composition on such 
        lands has been altered outside of the natural or desired range 
        of variability for the forest system involved, due to a 
        combination of human and natural factors, and management 
        intervention is necessary to reduce the risk of pest epidemics 
        that would exploit the unnatural forest conditions.
            (3) Significant economic and ecosystem values or components 
        are being lost or are at risk of being lost on such lands due 
        to increased potential of disaster wildfire, pest invasion, or 
        other natural or cultural process.
    (b) Consultation with Governor and Public Comment.--
            (1) Consultation.--Before declaring a forest health 
        emergency under subsection (a), the Secretary concerned shall 
        consult with the Governor of each State in which Federal forest 
        lands proposed to be subject to the declaration are situated.
            (2) Public notice.--The Secretary concerned shall provide 
        public notice whenever Federal forest lands are proposed to be 
        subject to a declaration of a forest health emergency under 
        subsection (a). The notice shall identify the Federal forest 
        lands involved and provide the reasons for the declaration.
    (c) Duration of Emergency.--A declaration of a forest health 
emergency under subsection (a) shall expire at the end of the five-year 
period beginning on the date of the declaration. The Secretary 
concerned may establish a shorter period for the duration of a 
declaration of a forest health emergency with respect to all or a 
portion of the Federal forest lands subject to the declaration after 
taking into consideration--
            (1) the estimated number of years that forest improvement 
        will be required in order to restore processes and conditions 
        favorable to forest health;
            (2) existing and predicted constraints in Federal budgets, 
        local labor or other capacity, or other factors that may 
        establish limits as to how fast the treatment program can 
        restore forest health; and
            (3) existing or predicted conditions that could create 
        natural forces that would either mitigate or accelerate the 
        deterioration of forest health conditions in the forest.
    (d) Cancellation or Extension of Emergency.--
            (1) Cancellation.--The Secretary concerned may cancel a 
        declaration of a forest health emergency made under subsection 
        (a) if the Secretary determines that the conditions creating 
        the original forest health emergency have been mitigated, 
        either by natural events or as a result of management and 
        treatment.
            (2) Extension.--If the Secretary concerned determines that 
        unacceptable forest health conditions on Federal forest lands 
        persist for any reason after the expiration of a forest health 
        emergency with respect to those lands, the Secretary may 
        reestablish a forest health emergency in the manner provided in 
        this section.
    (e) Inclusion of Other Lands.--
            (1) Non-federal lands.--At the request of the Governor of 
        the affected State, the Secretary of Agriculture may include 
        non-Federal lands within the area subject to a declaration of a 
        forest health emergency made by the Secretary of Agriculture 
        under subsection (a). Non-Federal lands subject to such a 
        declaration shall be eligible to receive such federal 
        assistance for forest health improvement as the Secretary of 
        Agriculture may develop using the combined authorities 
        available in the State and Private Cooperative Forestry 
        Program.
            (2) Other federal lands.--At the request of the head of a 
        Federal agency, the Secretary of Agriculture may include 
        Federal lands administered by that agency within the area 
        subject to a declaration of a forest health emergency made by 
        the Secretary of Agriculture under subsection (a).

SEC. 5. FOREST HEALTH IMPROVEMENT PROGRAMS.

    (a) Program Development.--Upon the declaration by the Secretary 
concerned of a forest health emergency under section (4)(a), the 
responsible Federal land management agency shall develop a forest 
health improvement program designed to restore the forest health of the 
forest lands subject to the declaration.
    (b) Program Content.--
            (1) In general.--A forest health improvement program shall 
        be based upon an assessment of forest health conditions of the 
        forest lands subject to the declaration of a forest health 
        emergency. The program shall contain--
                    (A) a scientific description of the forest health 
                conditions for the forest units involved, an assessment 
                of how such conditions relate to the natural and 
                desired range of forest health conditions for such 
                sites, and the forest health restoration objectives and 
                general treatment prescriptions that may be needed to 
                restore forest health;
                    (B) identification of areas where current 
                conditions pose a high risk of future forest health 
                problems, and the preventive treatment prescriptions 
                that are recommended to reduce the risk of unacceptable 
                future forest health conditions on these sites; and
                    (C) a description of the technical and cost-sharing 
                assistance to non-Federal land owners that the 
                Secretary of Agriculture has determined are available 
                to assist non-Federal owners in restoring forest health 
                on non-Federal lands; and
                    (D) a monitoring component sufficient to indicate 
                whether the effects of treatment are as expected and 
                whether desired results of the program are being 
                achieved during the implementation of such program.
            (2) Results of monitoring component.--The results and 
        reports from the monitoring component required under paragraph 
        (1)(D) shall be made available to the public through the Forest 
        Supervisor's office or administrative unit office of the Bureau 
        of Land Management involved. The Secretary of Agriculture shall 
        also include the results and reports from the monitoring 
        component in the forest health report prepared annually under 
        section 10.
    (c) Scientific Input and Public Comment.--
            (1) Scientific Input.--The responsible Federal land 
        management agency shall solicit the input of scientific experts 
        knowledgeable about the ecosystems in the area covered by the 
        forest health emergency to assist in developing the forest 
        health improvement program. These experts may include 
        representatives of private institutions and State and Federal 
        agencies with research, resource management or regulatory 
        responsibilities in the area covered by the forest health 
        emergency. Comments and input from outside agencies, 
        institutions, and individuals shall be made available in a 
        timely manner by the responsible Federal agency for public 
        review.
            (2) Public comment.--During the development of a program 
        under subsection (a), the responsible Federal land management 
        agency shall provide a 60-day period for interested persons to 
        submit written data, views, or arguments with respect to the 
        proposed program.
    (d) Review for Consistency With Land Management Plan.--If a 
proposed program, or a portion of the program, is not consistent with 
the long-term management goals and objectives of the applicable land 
management plan, but otherwise complies with the Endangered Species Act 
of 1973 (16 U.S.C. 1531 et seq.), the Clean Water Act (33 U.S.C. 1251 
et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and other 
applicable laws, the Secretary concerned shall propose the program or 
the inconsistent portion of the program as the basis for an amendment 
to the applicable land management plan in accordance with section 
6(f)(4) of the Forest and Rangeland Renewable Resources Planning Act of 
1974 (16 U.S.C. 1604(f)(4)) or section 202 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1712), whichever applies. Any 
such amendment shall not constitute a revision under section 6 of the 
Forest and Rangeland Renewable Resources Planning Act of 1974 (16 
U.S.C. 1604) or section 202 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1712).
    (e) Modification of Program.--The Federal land management agency 
responsible for a program may modify the program in light of changes in 
the forest health of the Federal forest lands subject to the program. 
Any modification of a program shall be subject to subsections (c) and 
(d).

SEC. 6. FOREST HEALTH IMPROVEMENT PROJECTS.

    (a) Project Development.--
            (1) Projects required.--Upon the implementation of a 
        program developed under section 5 for Federal forest lands, the 
        Secretary concerned shall design and implement forest health 
        improvement projects for such lands consistent with the 
        applicable program. The projects shall constitute management 
        decisions for the Federal forest lands covered by the project.
            (2) Project purposes.--Each project shall be designed to 
        address specific site conditions with the combination of 
        management practices, treatment, and protection needed to 
        restore the forest back to a condition of acceptable forest 
        health.
            (3) Role of sales.--The sale of timber, biomass, or other 
        products may occur as part of a project in order to help 
        achieve the forest health goals of the project and to produce 
        revenues to assist in supporting the cost of any non-commercial 
        work needed to achieve the desired condition in the forest. 
        However, sale volumes and revenues from a project shall be 
        secondary to the primary consideration of taking the necessary 
        steps to enhance or restore a healthy forest ecosystem. In 
        cases in which the harvest of live trees is included as part of 
        a project, the Secretary concerned shall explicitly explain the 
        reasons why such harvest will further the forest health 
        purposes of this Act.
    (b) Multi-Year Contracts.--In implementing projects, the Secretary 
concerned may enter into multi-year contracts, including service 
contracts, for cultural treatments of forest stands to achieve a 
defined forest health objective if the Secretary considers such a 
contract to be advantageous to the Federal Government.
    (c) Funding of Forest Service Projects.--The Secretary of 
Agriculture may use amounts in the salvage sale fund authorized by 
section 14(h) of the National Forest Management Act of 1976 (16 U.S.C. 
472a(h)) and in the fund established under the Act of June 9, 1930 (16 
U.S.C. 576 et seq.)(commonly known as the Knutson-Vandenberg Act) to 
carry out projects developed by the Secretary of Agriculture under 
subsection (a), including both product and non-product related cultural 
treatments. Funds derived from the sale of any products resulting from 
a project on Federal forest lands described in section 3(1)(A) shall, 
after any payment to a State that may be required under the Act of May 
23, 1908, and section 13 of the Act of March 1, 1911 (16 U.S.C. 500), 
be deposited in the salvage sale fund and used in the implementation of 
forest health projects on Federal forest lands described in section 
3(1)(A).
    (d) Establishment of BLM Rehabilitation Fund.--
            (1) Establishment.--The Secretary of the Interior shall 
        establish a special fund from the Federal share of moneys 
        received from the disposal of salvage forest products or timber 
        from Federal forest lands described in section 3(1)(B) pursuant 
        to the Act of August 28, 1937 (Chapter 876, 50 Stat. 874; 43 
        U.S.C. 1181a et seq.), the Act of May 24, 1939 (Chapter 144, 53 
        Stat. 1181f-1 et seq.), the Act of July 31, 1947 (30 U.S.C. 601 
        et seq.), or this Act.
            (2) Use of fund.--Amounts in the fund established under 
        paragraph (1) shall be available to the Secretary of the 
        Interior, without further appropriation, for--
                    (A) planning and preparing salvage timber for 
                disposal;
                    (B) the administration of timber sales pursuant to 
                this Act or other applicable law;
                    (C) subsequent site preparation, reforestation, and 
                forest development activities required on the 
                rehabilitated site; and
                    (D) activities prescribed to maintain healthy 
                forest ecosystems, such as controlled burning, site 
                preparation, tree planting, protection of seedlings 
                from animal and other environmental elements, release 
                from competing vegetation, and precommercial thinning.
    (e) Multi-Resource Elements.--The Secretary concerned shall include 
multiple-resource elements within projects developed under subsection 
(a) so that recreation, wildlife, watershed restoration, and other 
forest values are given appropriate consideration in efforts to restore 
forest health.
    (f) Effect on Projects Undertaken Under Other Laws.--Nothing in 
this Act shall be construed as preventing or limiting the Secretary 
concerned from undertaking any forest management project, including a 
timber sale, salvage timber sale, prescribed burning, timber stand 
improvement, or insect or disease control, whether located within or 
outside of Federal forest lands to which a declaration of emergency 
made pursuant to section 4(a) or a program prepared pursuant to section 
5(a) applies, if such project is authorized by a law other than this 
Act. If the Secretary concerned elects to proceed with such project in 
accordance with the procedures and standards of such other law, within 
an area where a program prepared pursuant to section 5(a) is in full 
effect, such project shall be consistent with the purposes of this Act.
    (g) Private Lands.--Where non-Federal lands have been included 
within areas designated under section 4(e)(1), the Secretary of 
Agriculture upon the request of the landowner shall provide technical 
and cost-sharing assistance in projects that are based on a forest 
management plan that is consistent with the objectives of the program 
developed under section 5.

SEC. 7. ANALYSIS AND REVIEW OF PROJECTS.

    (a) Method for Compliance with NEPA.--In light of the emergency 
situation surrounding the declaration of a forest health emergency 
under section 4(a) and the need to implement the accelerated program of 
forest health improvement practices in a responsible and timely manner 
pursuant to this Act, the Secretary concerned shall comply with section 
102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)) in the manner provided in this section.
    (b) Consistent With Land Management Plan and Laws.--If a project 
developed under section 6 is consistent with the long-term management 
goals and objectives of the applicable land management plan, complies 
with environmental laws, and requires documentation pursuant to section 
102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)), the document required shall be an environmental assessment 
prepared pursuant to subparagraph (E) of such section 102(2).
    (c) Inconsistent With Land Management Plan.--If a project developed 
under section 6 is not consistent with the long-term management goals 
and objectives of the applicable land management plan, but otherwise 
complies with environmental laws, the Secretary concerned shall propose 
the project as the basis for an amendment to the land management plan 
in accordance with section 6(f)(4) of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(f)(4)) or 
section 202 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1712), whichever applies. Any such amendment shall not 
constitute a revision under section 6 of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) or section 
202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1712).
    (d) Application of NEPA to Declarations and Programs.--The 
declaration of a forest health emergency under section 4(a), and the 
preparation of a forest health improvement program, or any portion of a 
program, which the Secretary concerned determines under section 5(d) to 
be consistent with the long-term management goals and objectives of the 
applicable land management plan and to comply with environmental laws, 
shall not be subject to section 102(2) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)). Whenever the Secretary 
concerned offers a program or portion of a program as the basis for an 
amendment to a land management plan, as provided in section 5(d), the 
program or portion shall comply with such section 102(2) in the manner 
provided by regulation for preparation of amendments to land management 
plans.

SEC. 8. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Effect on Existing Law.--
            (1) In general.--Nothing in this Act shall alter the 
        comment, administrative appeal, or judicial review rights and 
        procedures provided by other laws and available to the public 
        upon enactment of this Act concerning land management plans and 
        actions.
            (2) Effect of new administrative steps.--The two new 
        administrative steps established in sections 4 and 5 of this 
        Act provide two new opportunities for public comment pursuant 
        to sections 4(b) and 5(c), must be consistent with existing 
        land management plans or be subject to the comment, 
        administrative appeal, and judicial review rights and 
        procedures provided by law and regulation for amendment and 
        implementation of such plans, and do not constitute final 
        decisions on the management of the Federal forest lands 
        involved and therefore are not subject to additional 
        administrative review and are subject to judicial review 
        pursuant to subsection (b).
    (b) Judicial Review.--
            (1) In general.--Judicial review of a project developed 
        pursuant to section 6, any component of a forest health 
        improvement program developed pursuant to section 5 which 
        relates specifically to such project, or the declaration of 
        emergency made pursuant to section 4 as it relates specifically 
        to the Federal forest lands on which the project would occur 
        may be sought in accordance with this subsection.
            (2) Time for filing.--Any petition for judicial review 
        under this subsection shall be filed within 45 days after the 
        date of the publication of the decision document prepared with 
        respect to the project, or the petition shall be barred.
            (3) Subsequent appeal.--Any appeal from a final decision of 
        the district court in a judicial review proceeding under this 
        subsection shall be filed within 30 days after such final 
        decision.
            (4) Special procedures.--In order to ensure decisions are 
        reached consistent with the time periods specified in paragraph 
        (5), the court may set rules governing the procedures of any 
        judicial review proceeding under this subsection which set page 
        limits on briefs and time limits on filing briefs and motions 
        and other actions which are shorter than the limits specified 
        in the Federal rules of civil or appellate procedure.
            (5) Recommended time period for judgment.--The courts shall 
        expeditiously render their final decision in any judicial 
        review proceeding under this subsection. The district court 
        shall make every effort to render its final decision relative 
        to any action within 60 days from the date such action is 
        filed, and the court of appeals shall make every effort to 
        render its final decision relative to any appeal within 90 days 
        from the date such appeal is filed.
            (6) Use of special master.--In order to promptly reach a 
        decision in a case filed under this subsection, a district 
        court may assign all or part of the case to one or more Special 
        Masters for prompt review and recommendations to the court.

SEC. 9. LANDS EXCLUDED FROM TREATMENT UNDER A PROGRAM.

    (a) Excluded Lands.--The Secretary concerned may not plan or 
implement a project under section 6 with respect to any Federal forest 
lands located in an area within the National Wilderness Preservation 
System, Research Natural Area, other area formally withdrawn from 
timber production by law, roadless area designated by Congress for 
wilderness study, or roadless area recommended by the Forest Service or 
the Bureau of Land Management for wilderness.
    (b) No Effect on Wilderness Management.--Nothing in this Act shall 
affect authorities for wilderness management granted to the Secretary 
concerned under provisions of existing law, such as the Wilderness Act 
of 1964 (16 U.S.C. 1131 et seq.).

SEC. 10. ANNUAL FOREST HEALTH REPORT.

    (a) Report Required.--The Secretary of Agriculture, in consultation 
with the Secretary of the Interior, shall prepare an annual Forest 
Health Report to evaluate the overall health of forest lands in the 
United States.
    (b) Content of Report.--Each report required by subsection (a) 
shall include the results of the long-term forest health monitoring 
program authorized by section 8 of the Cooperative Forestry Assistance 
Act of 1978 (16 U.S.C. 2104) in those States in which the monitoring 
program has been implemented. The report shall also contain--
            (1) quantitative and qualitative data on the health of 
        Federal forest lands;
            (2) a description of the actions taken during the period 
        covered by the report within the Secretary's available funding 
        and authorities (including reprogramming actions); and
            (3) any additional funding needs and authorities necessary 
        to restore the health of the forest ecosystem.
    (c) Information on Emergency Program.--Each report required by 
subsection (a) shall include information regarding the status of forest 
health improvement programs developed under section 5. The report shall 
list all Federal forest lands subject to a declaration of forest health 
emergency, and the rationale for decisions made to include or exclude 
other lands during the period covered by the report. With respect to 
Federal forest lands covered by a program established pursuant to 
section 5, the report shall include--
            (1) the current extent and status of the conditions and 
        risks that provided the basis for the emergency inclusion;
            (2) the improvement actions being taken to mitigate those 
        conditions;
            (3) the estimated impact, in terms of changed conditions or 
        risks, resulting from the actions being taken;
            (4) the acres treated to date relative to total acres 
        planned and requiring treatment;
            (5) funding needs in future years to satisfactorily address 
        the conditions; and
            (6) additional authorities, if any, needed to carry out the 
        purpose of this Act.
    (d) Submission of Report.--The report required by subsection (a) 
shall be completed not later than December 31 of each year and shall 
cover conditions and activities during the previous fiscal year. The 
Secretary of Agriculture shall submit the report upon completion to the 
Committee on Agriculture and the Committee on Interior and Insular 
Affairs of the House of Representatives, and to the Committee on 
Agriculture, Nutrition, and Forestry and the Committee on Energy and 
Natural Resources of the Senate.

SEC. 11. NATIONAL COMMISSION ON WILDFIRE DISASTERS.

    (a) Extend Deadline for Report.--Section 103(c) of the Wildfire 
Disaster Recovery Act of 1989 (16 U.S.C. 551 note) is amended by 
striking ``December 1, 1991'' and inserting ``December 1, 1993''.
    (b) Element of Study.--Section 103 of such Act is amended by adding 
at the end the following new subsection:
    ``(d) Forest Health Management.--In the study required by this 
section, the Commission shall also consider the potential costs and 
benefits of managing forest ecosystems for improved forest health as a 
means of reducing the risk of catastrophic wildfires while allowing 
increased usage of management tools, such as prescribed fire.''.
    (c) Federal Funding.--Section 105 of such Act is amended by 
striking subsection (b) and inserting the following new subsection (b):
    ``(b) Use of Department Funds.--Upon the approval by the Secretary 
of Agriculture and the Secretary of the Interior of a plan of study and 
budget of the Commission, the Secretary of Agriculture may provide 
funds to the Commission from general operating funds of the Department 
of Agriculture and the Secretary of the Interior may provide funds to 
the Commission from general operating funds of the Department of the 
Interior.''.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this Act.

                                 <all>

HR 229 SC----2
HR 229 SC----3
```