I
105TH CONGRESS
2D SESSION
H. R. 4210
To address the simultaneous decline of forest health of National Forest
System lands in the State of New Mexico and rural community economies
and to prevent and protect such lands from catastrophic fires, consistent
with the requirements of existing public land management and environ-
mental laws.
IN THE HOUSE OF REPRESENTATIVES
JULY 14, 1998
Mr. REDMOND introduced the following bill; which was referred to the Com-
mittee on Agriculture, and in addition to the Committee on Resources,
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 address the simultaneous decline of forest health of
National Forest System lands in the State of New Mex-
ico and rural community economies and to prevent and
protect such lands from catastrophic fires, consistent
with the requirements of existing public land manage-
ment and environmental laws.
Be it enacted by the Senate and House of Representa-
tives 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
‘‘New Mexico Forest Health and Fire Prevention Act of
1998’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. New Mexico Program of Forest Health and Fire Prevention.
Sec. 5. Forest Health and Fire Protection Fund.
Sec. 6. Authorization of Appropriations.
Sec. 7. Audit Requirements.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The management of National Forest Sys-
tem lands in the State of New Mexico must become
proactive instead of passive or delayed. The best
proactive management approach to prevent cata-
strophic fires would be to utilize the talents of local
communities for the process of thinning the forests.
At the same time, local communities will create busi-
nesses through developing value-added products
from the harvested wood.
(2) Increases in both the number and severity
of wildfires are occurring as a result of high tree
densities, species composition and structure that are
outside the historic range of variability. Fire disturb-
ances contribute to significant soil erosion, degrada-
tion of air and water quality, loss of watershed val-
ues, loss of wildlife habitat and damage to other for-
est resources.
(3) Serious destruction or degradation of im-
portant forest resources occurs in all regions of New
Mexico. The health of the land is directly related to
the economic health of the communities it sur-
rounds. Management activities of forests should be
designed to incorporate local communities in the
management process.
(4) The National Forest System lands in New
Mexico are at an unacceptable risk of destruction by
catastrophic wildfire. The condition of these forests
can pose a significant threat of destruction to
human life and property as well as to the habitat of
fish, and wildlife (including threatened and endan-
gered species), public recreation areas, timber, wa-
tershed and other important forest resources.
(5) Restoration and protection of important for-
est resources require active forest management in-
volving rural communities who will integrate envi-
ronmentally compatible harvesting techniques and
develop businesses which are operated at the local
level and driven by market forces.
(6) Many units of the National Forest System
in New Mexico have an increasing backlog of un-
funded projects to restore and protect degraded for-
est resources. Adequate funding, structured so as to
maximize 
allocation 
of 
monies 
on-the-ground
projects, is needed to address this backlog in an effi-
cient, cost-effective way.
(7) A comprehensive, Statewide effort is needed
to restore and protect important forest resources in
an organized, community wide, timely and scientific
manner. There should be immediate action to im-
prove National Forest System lands in New Mexico
where serious resource degradation has been thor-
oughly identified and assessed or where serious re-
source destruction or degradation by natural dis-
turbance is imminent.
(8) Inventory and analysis of the status and
trends in the fire conditions of forests and their re-
sources are needed to identify and reverse the de-
struction or degradation of important forest re-
sources in a timely and effective manner.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) FEDERAL
FOREST
LANDS.—The term
‘‘Federal forest lands’’ means National Forest Sys-
tem lands located within the State of New Mexico.
(2) 
COMMUNITY.—The 
term 
‘‘community’’
means a rural community located within the uplands
of New Mexico, which is surrounded by, or adjacent
to, Federal forest lands.
(3) FUND.—The terms ‘‘Forest Health and
Fire Prevention Fund’’ and ‘‘Fund’’ mean the fund
established under section 5.
(4) IMPLEMENTATION DATE.—The term ‘‘im-
plementation date’’ means January 15, 2000, or the
first day of the 19th full month following the date
of the enactment of this Act, whichever is later.
However, if the implementation date under the sec-
ond option would occur within six months of the
next January 15, the Secretary may designate that
January 15 as the implementation date.
(5) LAND
MANAGEMENT
PLAN.—The term
‘‘land management plan’’ means 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 under the ju-
risdiction of the Secretary of Agriculture.
(6) NEW MEXICO PROGRAM.—The term ‘‘New
Mexico Program’’ means the program to restore and
protect forest resources located on Federal forest
lands within New Mexico required by section 4.
(7) OVERHEAD EXPENSES.—The terms ‘‘over-
head expenses’’ and ‘‘overhead’’ mean the following:
(A) Common services and indirect ex-
penses, as such terms are defined by expense
items 1–10 in Appendix E of the United States
Forest Service Forest Timber Cost Efficiency
Study Final Report, dated April 16, 1993
(pages 125–126).
(B) Direct and indirect general administra-
tion expenses, as such terms are identified in
Appendix D of the United States Forest Service
Management Program Annual Report.
(C) Any other cost of line management or
program support that cannot be directly attrib-
utable to specific projects or programs.
(8) RECOVERY
AREA.—The term ‘‘recovery
area’’ means an area of Federal forest lands identi-
fied by the District 3 Regional Forester under sec-
tion 4(c)—
(A) that has experienced small stand tim-
ber and woody tree encroachment which will
contribute significantly to disturbances from
wildfire; or
(B) in which the forest structure, function,
or composition has been altered so as to in-
crease substantially the likelihood of wildfire in
the area and the consequent risks of damage to
soils, water quality, watershed values, habitat
and other forest resources from wildfire.
(9) RECOVERY PROJECT.—The term ‘‘recovery
project’’ means a project designed by the District 3
Regional Forester to allow communities to restore,
or protect forest resources within an identified recov-
ery area, including thinning, salvage, prescribed fire
(after appropriate thinning), sanitation and other in-
sect and disease control, riparian and other habitat
improvement, soil stabilization and other water qual-
ity improvement and protection.
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Agriculture.
SEC. 4. NEW MEXICO PROGRAM OF FOREST HEALTH AND
FIRE PREVENTION.
(a) NEW MEXICO PROGRAM REQUIRED.—Not later
than the implementation date, the District 3 Regional
Forester shall commence a statewide program to restore
and protect forest resources located on Federal forest
lands within New Mexico through the performance of re-
covery projects in identified recovery areas.
(b) INITIAL IMPLEMENTATION.—
(1) INITIAL PROJECT.—Not later than the im-
plementation date, the initial project under the New
Mexico Program shall be the thinning of Monument
Canyon Research Natural Area located near Jemez
Springs, New Mexico, on the Santa Fe National
Forest, because this research area is representative
of the open Ponderosa Pine Forests typical of New
Mexico. This formally established research area ex-
emplifies the situation and research stated in the
findings specified in section 2. The research imple-
mentation will require treatments to reduce small di-
ameter trees. Monitoring of the treatments will be
designed by an assembled group of leading research
scientists in the southwest.
(2) INITIAL
STANDARDS
AND
GUIDELINES.—
The research scientists located at the Monument
Canyon Research Natural Area will provide the ini-
tial project standards and guidelines.
(3) MONITORING.—Continued monitoring and
information transfer with the Monument Canyon Re-
search Natural Area scientists will provide the basis
for modification of standards and criteria for use
with regard to other recovery projects.
(c) IDENTIFICATION OF RECOVERY AREAS.—
(1) ALLOCATION
OF
FUNDS; IDENTIFICATION
AND RANKING OF RECOVERY AREAS.—For each fis-
cal year during the New Mexico Program, the Sec-
retary shall allocate, in accordance with the stand-
ards and criteria established and in effect for the
New Mexico Program, amounts from the Forest
Health and Fire Prevention Fund to Region 3 of the
Forest Service for the purpose of conducting recov-
ery projects in identified recovery areas. In making
such allocations, the District 3 Regional Forester
shall—
(A) identify recovery areas within which al-
located amounts should be used to conduct re-
covery projects; and
(B) prioritize recovery areas for the pur-
pose of their receiving allocated amounts.
(2) AUTHORIZED USE OF FUNDS FOR 5-YEAR
PROJECT.—Amounts allocated by the Secretary pur-
suant to paragraph (1) shall be available, without
further allocation by the Secretary, to carry out and
administer a 5-year recovery project.
(d) SELECTION OF RECOVERY PROJECTS.—
(1) SELECTION
AND
FINAL
DECISION
RE-
QUIRED.—The District 3 Regional Forester (or the
designees of the regional forester) shall select and
render a final decision on the recovery projects to be
carried out within each identified recovery area.
(2) PROHIBITED
PROJECT
LOCATIONS.—The
District 3 Regional Forester (or the designees of the
regional forester) shall not select or implement a re-
covery project under the authority of this Act in any
of the following:
(A) Any unit of the National Wilderness
Preservation System or any roadless area on
Federal forest lands designated by Congress be-
fore the date of the enactment of this Act for
study for possible inclusion in such system.
(B) Any riparian area, late successional re-
serve, or old growth area, designated before the
date of the enactment of this Act by the appli-
cable land management plan, within which the
implementation of recovery projects is prohib-
ited.
(C) Any other area, designated before the
date of the enactment of this Act by the appli-
cable land management plan, in which the im-
plementation of recovery projects is prohibited
by law, a court order, or the applicable land
management plan.
(e) REQUIREMENTS FOR RECOVERY PROJECT SE-
LECTION.—In selecting recovery projects as required
under subsection (d), the District 3 Regional Forester (or
the designees of the regional forester) in New Mexico
shall—
(1) identify for each recovery project the total
acreage requiring treatment, the estimated cost of
preparation and implementation and the estimated
project duration;
(2) ensure that the total acreage in a recovery
area is not less than the total acreage identified by
the Secretary for that recovery area;
(3) consider and make paramount the economic
benefits to be provided to local communities as a re-
sult of recovery project;
(4) ensure that each recovery project is consist-
ent with the land management plan, which may be
modified as necessary, applicable to the recovery
area within which the recovery project will be con-
ducted; and
(5) ensure that each recovery project is de-
signed to be implemented in the most cost-effective
manner reasonable to ensure benefits to commu-
nities and successful forest recovery.
SEC. 5. FOREST HEALTH AND FIRE PREVENTION FUND.
(a) ESTABLISHMENT.—There is established on the
books of the Treasury a fund to be known as the ‘‘Forest
Health and Fire Prevention Fund’’. The Chief of the For-
est Service shall be responsible for administering the
Fund.
(b) CREDITS TO FUND.—There shall be credited to
the fund the following:
(1) Amounts authorized for and appropriated to
the Fund.
(2) Unobligated amounts in the roads and trails
fund provided for in the fourteenth paragraph under
the heading ‘‘FOREST SERVICE’’ of the Act of
March 4, 1913 (37 Stat. 843; 16 U.S.C. 501) as of
the date of the enactment of this Act, and all
amounts which would otherwise be deposited in such
fund after such date.
(3) The Federal share of revenues generated by
recovery projects undertaken pursuant to the New
Mexico Program.
(c) USE OF FUND.—During the time period specified
under the Act, amounts in the Fund shall be available to
the District 3 Regional Forester, without further appro-
priation, to carry out the New Mexico program and to
plan, carry out, and administer recovery projects.
(d) LIMITATION
ON OVERHEAD EXPENSES.—The
Secretary shall not allocate or assign overhead expenses
to the Fund or to any of the activities or programs author-
ized by the Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $12,000,000 to carry
out the provisions of the Act for the fiscal year in which
this Act is enacted and each fiscal year thereafter through
September 30, 2005, or September 30 of the 5th full fiscal
year following the implementation date, whichever is later.
(b) DEPOSIT IN FUND.—All sums appropriated pur-
suant to this section shall be deposited in the Forest
Health and Fire Prevention Fund.
(c) EFFECT ON EXISTING PROJECTS.—Any contract
regarding a recovery project entered into before the end
of the fiscal year specified in subsection (a), and still in
effect at the end of such fiscal year, shall remain in effect
until completed pursuant to the terms of the contract.
SEC. 7. AUDIT REQUIREMENTS.
(a) NEW MEXICO PROGRAM AUDIT.—The Comptrol-
ler General shall conduct an audit of the New Mexico pro-
gram at the end of the fourth full fiscal year following
the implementation date.
(b) ELEMENTS OF AUDIT.—The audit under sub-
section (a) shall include an analysis of at least the follow-
ing:
(1) Whether the initial recovery project con-
ducted under section 4(b), the New Mexico Program,
and the administration of the Forest Health and
Fire Prevention Fund were carried out in a manner
consistent with the provisions of this Act.
(2) The current and projected future financial
status of the Forest Health and Fire Prevention
Fund.
(3) Any cost savings or efficiencies achieved
under the New Mexico Program.
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