•HR 1164 SC2
cover naturally occurs, recurring natural regenera-
tion of all native species on the site, and the orderly
growth and development of trees through a range of
diameter or age classes to provide a sustained yield
of forest products. Cutting methods that develop and
maintain selection stands are individual-tree and
group selection. A goal of selection is improvement
of quality by continuously harvesting trees less likely
to contribute to the long-range health of the stand.
‘‘(M) The term ‘shelterwood cut’ means an
even-aged silvicultural regeneration method under
which a minority of the mature stand is retained as
a seed source or protection during the regeneration
period. The standing mature trees, usually 10 to 20
per acre, are later removed in one or more cuttings.
‘‘(N) The term ‘timber purposes’ shall include
the use, sale, lease, or distribution of trees, or the
felling of trees or portions of trees except to create
land space for a structure or other use.
‘‘(4)(A)(i) The purpose of this paragraph is to foster
the widest possible enforcement of subsection (c) and this
subsection.
‘‘(ii) Congress finds that all people of the United
States are injured by actions on lands to which subsection
(c) and this subsection apply.
•HR 1164 SC2
‘‘(B) The provisions of subsection (c) and this sub-
section shall be enforced by the Secretary of the Interior
and the Attorney General of the United States against any
person who violates either of them.
‘‘(C)(i) Any citizen may enforce any provision of sub-
section (c) and this subsection by bringing an action for
declaratory judgment, temporary restraining order, in-
junction, civil penalty, and other remedies against any al-
leged violator including the United States, in any district
court of the United States.
‘‘(ii) The court, after determining a violation of either
of such subsections shall impose a penalty of not less than
$5,000 and not more than $50,000 per violation, shall
issue one or more injunctions and other equitable relief
and shall award to the plaintiffs reasonable costs of litiga-
tion including attorney’s fees, witness fees and other nec-
essary expenses.
‘‘(D) The penalty authorized by subparagraph (C)(ii)
shall be paid by the violator or violators designated by the
court. If that violator is the United States of America or
a Federal agency or officer, the penalty shall be paid to
the Judgment Fund, as provided by Congress under sec-
tion 1304 of title 31, United States Code.
‘‘(E) The penalty should be paid from the Judgment
Fund within 40 days after judgment to the person or per-
•HR 1164 SC2
sons designated to receive it, to be applied in protecting
or restoring native biodiversity in or adjoining Federal
land. Any award of costs of litigation and any award of
attorney fees shall be paid within 40 days after judgment.
‘‘(F) The United States, including its agents and em-
ployees waives its sovereign immunity in all respects in
all actions under subsection (c) and this subsection. No
notice is required to enforce this subsection.’’.
SEC. 7. AMENDMENT OF TITLE 10, UNITED STATES CODE,
RELATING TO FOREST MANAGEMENT ON
MILITARY LANDS.
(a) IN GENERAL.—Chapter 159 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2693. Conservation of native biodiversity
‘‘(a) CONSERVATION OF NATIVE BIODIVERSITY.—In
each stand that is operated for timber purposes through-
out each forested area on a military installation or projects
administered by the Army Corps of Engineers, the Sec-
retary concerned shall provide for the conservation or res-
toration of native biodiversity, except during authorized
construction projects in which events the Secretary shall
conserve native biodiversity to the extent possible.
‘‘(b) RESTRICTION ON USE OF CERTAIN LOGGING
PRACTICES.—(1) In each stand that is managed or oper-
•HR 1164 SC2
ated for timber purposes throughout each forested area
on a military installation or reservation and on a project
administered by the Army Corps of Engineers, the Sec-
retary under subsection (a) shall prohibit any even-age
logging and any even-age management after one year after
the date of enactment of this subsection.
‘‘(2) On each site already under even-age manage-
ment, the Secretary shall (A) prescribe a shift to selection
management within one year, or (B) cease managing for
timber 
purposes 
and 
actively 
restore 
the 
native
biodiversity, or permit each site to regain its native
biodiversity.
‘‘(3) In this section:
‘‘(A) The term ‘native biodiversity’ means the
full range of variety and variability within and
among living organisms and the ecological complexes
in which they would have occurred in the absence of
significant human impact, and encompasses diver-
sity, within a species (genetic), within a community
of species (within-community), between communities
of species (between-communities), within a total area
such as a watershed (total area), along a plane from
ground to sky (vertical), and along the plane of the
earth-surface (horizontal). Vertical and horizontal
diversity apply to all the other aspects of diversity.
•HR 1164 SC2
‘‘(B) The terms ‘conserve’ and ‘conservation’
refer to protective measures for maintaining existing
native biological diversity and active measures for
restoring diversity through management efforts, in
order to protect, restore, and enhance as much of
the variety of species and communities as possible in
abundances and distributions that provide for their
continued existence and normal functioning, includ-
ing the viability of populations throughout their nat-
ural geographic distributions.
‘‘(C) The term ‘within-community diversity’
means the distinctive assemblages of species and ec-
ological processes that occur in different physical
settings of the biosphere and distinct parts of the
world.
‘‘(D) The term ‘genetic diversity’ means the dif-
ferences in genetic composition within and among
populations of a given species.
‘‘(E) The term ‘species diversity’ means the
richness and variety of native species in a particular
location of the world.
‘‘(F) The term ‘group selection’ means a form
of selection management that emphasizes the peri-
odic removal of trees, including mature, undesirable,
and cull trees in small groups, where they occur that
•HR 1164 SC2
way, with a result of (i) creating openings not to ex-
ceed in width in any direction the height of the tall-
est tree standing within 10 feet of the edge of the
group cut, and (ii) maintaining different age groups
in a given stand. In no event will more than 30 per-
cent of a stand be felled within 30 years.
‘‘(G) The term ‘stand’ means a forest commu-
nity with enough identity by location, topography, or
dominant species to be managed as a unit, not to ex-
ceed 100 acres.
‘‘(H) The term ‘clearcutting’ means the logging
of the commercial trees in a patch or stand in a
short period of time.
‘‘(I) The term ‘even-age management’ means
the growing of commercial timber so that all trees
in a patch or stand are generally within 10 years of
the same age. Except for designated leave trees, or
clumps of trees, the patch or stand is logged com-
pletely in any acre within a period of 30 years, by
clearcutting, salvage logging, seed-tree cutting or
shelterwood cutting, or any system other than selec-
tion management.
‘‘(J) The term, ‘salvage logging’ means the fell-
ing or further damaging, within any 30-year period,
of a greater basal area than 30 square feet per acre
•HR 1164 SC2
of dead, damaged, or other trees, or any combination
of such trees.
‘‘(K) The term ‘seed-tree cut’ means a logging
operation that leaves one or more seed trees, gen-
erally 6 to 10 per acre.
‘‘(L) The term ‘selection management’ means
the application of logging and other actions needed
to maintain continuous high forest cover where such
cover naturally occurs, recurring natural regenera-
tion of all native species on the site, and the orderly
growth and development of trees through a range of
diameter or age classes to provide a sustained yield
of forest products. Cutting methods that develop and
maintain selection stands are individual-tree and
group selection. A goal of selection is improvement
of quality by continuously harvesting trees less likely
to contribute to the long-range health of the stand.
‘‘(M) The term ‘shelterwood cut’ means an
even-aged silvicultural regeneration method under
which a minority of the mature stand is retained as
a seed source or protection during the regeneration
period. The standing mature trees, usually 10 to 20
per acre, are later removed in one or more cuttings.
‘‘(N) The term ‘timber purposes’ shall include
the use, sale, lease, or distribution of trees, or the
•HR 1164 SC2
felling of trees or portions of trees except to create
land space for a structure or other use.
‘‘(4)(A)(i) The purpose of this paragraph is to foster
the widest possible enforcement of this section.
‘‘(ii) Congress finds that all people of the United
States are injured by actions on lands to which this section
applies.
‘‘(B) The provisions of this section shall be enforced
by the Secretary of Defense and the Attorney General of
the United States against any person who violates this sec-
tion.
‘‘(C)(i) Any citizen may enforce any provision of this
section by bringing an action for declaratory judgment,
temporary restraining order, injunction, civil penalty, and
other remedies against any alleged violator including the
United States, in any district court of the United States.
‘‘(ii) The court, after determining a violation of this
section, shall impose a penalty of not less than $5,000 and
not more than $50,000 per violation, shall issue one or
more injunctions and other equitable relief and shall
award to the plaintiffs reasonable costs of litigation in-
cluding attorney’s fees, witness fees and other necessary
expenses.
‘‘(D) The penalty authorized by subparagraph (C)(ii)
shall be paid by the violator or violators designated by the
•HR 1164 SC2
court. If that violator is the United States of America or
a Federal agency or officer, the penalty shall be paid to
the Judgment Fund, as provided by Congress under sec-
tion 1304 of title 31, United States Code.
‘‘(E) The penalty should be paid from the Judgment
Fund within 40 days after judgment to the person or per-
sons designated to receive it, to be applied in protecting
or restoring native biodiversity in or adjoining Federal
land. Any award of costs of litigation and any award of
attorney fees shall be paid within 40 days after judgment.
‘‘(F) The United States, including its agents and em-
ployees waives its sovereign immunity in all respects in
all actions under this section. No notice is required to en-
force this section.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 159 of title 10, United States Code, is
amended by adding at the end the following new item:
‘‘2693. Conservation of native biodiversity.’’.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall not apply
with respect to any contract to sell timber which was
awarded on or before the date of enactment of this Act.
Æ
HR 1164 SC——2
HR 1164 SC——3