I 
107TH CONGRESS 
2D SESSION 
H. R. 5629
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 
OCTOBER 10, 2002
Mr. OTTER introduced the following bill; which was referred to the Committee 
on Resources, and in addition to the Committee on Agriculture, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To provide for enhanced collaborative forest stewardship 
management within the Clearwater and Nez Perce Na-
tional Forests in Idaho, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS. 
Congress finds and declares that: 
(1) Elk populations within the Clearwater 
Basin in the State of Idaho have diminished dras-
tically, in part because of lack of forage and habitat
within the Clearwater and Nez Perce National For-
ests. 
(2) Populations of salmon and steelhead within 
the Basin are listed as endangered or threatened, 
and restoration and protection of habitat within the 
Clearwater and Nez Perce National Forests will as-
sist the recovery of these species. 
(3) The Red and American River drainages 
within the Basin are experiencing large forest insect 
infestations and fuel loads that increase the risk of 
catastrophic fire and extensive destruction of fish, 
wildlife, and other forest ecosystem and community 
values. 
(4) Other Clearwater and Nez Perce National 
Forest areas within the Basin present similar issues 
that are related to forest conditions outside the his-
toric range of variability and other factors. 
(5) Communities within the Basin are depend-
ent upon sustainable, healthy forest conditions for 
employment and other economic benefits, protection 
of property, and quality of life. 
(6) The Basin is an area of significant impor-
tance to the Nez Perce Tribe and Tribe members 
continue to exercise treaty-reserved hunting and 
fishing rights in this area.
(7) In order to protect and improve habitat for 
elk, salmon, steelhead and other key fish and wildlife 
species, reduce threats of catastrophic fire, and 
achieve other forest stewardship objectives, there is 
a need for vegetation treatments and other restora-
tion and enhancement actions within these Clear-
water Basin national forest lands. 
(8) A pilot project, in which an advisory group 
and the Forest Service engage with the Nez Perce 
Tribe and other interested parties to identify and 
complete high priority activities through a collabo-
rative approach, will address a compelling need to 
improve ecosystem health for fish, wildlife, and other 
community values and complement existing manage-
ment of the Clearwater and Nez Perce National For-
ests. 
SEC. 2. SHORT TITLE. 
This Act may be cited as the ‘‘Clearwater Basin 
Project Act’’. 
SEC. 3. DEFINITIONS. 
(1) The terms ‘‘Clearwater Advisory Panel’’ 
and ‘‘CAP’’ mean the advisory group of interested 
persons established by the Secretary to meet the re-
quirements of section 4.
(2) The term ‘‘Secretary’’ means the Secretary 
of Agriculture. 
(3) The term ‘‘stewardship objectives’’ shall 
mean objectives that enhance forest ecosystems, and 
restore and improve land health and water quality. 
Stewardship objectives include—
(A) Road, trail, and infrastructure mainte-
nance or obliteration; 
(B) Soil productivity improvement; 
(C) Improvements in forest ecosystem 
health; 
(D) Watershed restoration and mainte-
nance; 
(E) Restoration, maintenance and improve-
ment of wildlife and fish habitat; 
(F) Control of noxious weeds; 
(G) Reestablishment of native species. 
(4) The term ‘‘stewardship contract’’ means a 
contract to achieve land management goals for the 
national forests that meet local and rural community 
needs, as further described in section 347 of the De-
partment of the Interior and Related Agencies Ap-
propriations Act, 1999 (as enacted by section 101(e)
of division A of Public Law 105–277; 16 U.S.C. 
2104 note).
SEC. 4. THE CLEARWATER ADVISORY PANEL. 
(a) ESTABLISHMENT AND PURPOSE.—
(1) The Secretary shall establish and maintain 
the Clearwater Advisory Panel to perform the duties 
in subsection (b). 
(2) The purpose of the CAP shall be to improve 
collaborative relationships and to provide advice and 
recommendations to the Forest Service regarding 
the Clearwater Basin pilot project and activities 
thereunder, as authorized by and consistent with the 
purposes of this Act. 
(b) The CAP shall—
(1) review and make recommendations to the 
Forest Service regarding activities proposed for high 
priority implementation as part of the pilot project 
under this Act; 
(2) provide early and continuous coordination 
with appropriate Forest Service and other agency of-
ficials in reviewing and recommending activities for 
high priority implementation under this Act; 
(3) provide frequent opportunities for citizens, 
organizations, tribes, agencies, and other interested 
parties to participate openly and meaningfully, be-
ginning at the early stages of the activity schedule 
development process under this Act. 
(c) APPOINTMENT BY THE SECRETARY—
(1) APPOINTMENT AND TERM.—The Secretary 
shall appoint the members of the CAP for a term of 
3 years beginning on the date of appointment. The 
Secretary concerned may reappoint members to sub-
sequent 3-year terms. 
(2) BASIC
REQUIREMENTS.—The Secretary 
shall ensure that the CAP meets the requirements of 
subsection (d). 
(3) INITIAL
APPOINTMENT.—The Secretary 
shall make initial appointments to the CAP not later 
than 90 days after the date of enactment of this 
Act. 
(4) VACANCIES.—The Secretary shall make ap-
pointments to fill vacancies on the CAP as soon as 
practicable after the vacancy has occurred. 
(5) COMPENSATION.—Members of the CAP 
shall not receive any compensation. 
(d) COMPOSITION.—
(1) NUMBER.—The CAP shall be comprised of 
15 members. 
(2) COMMUNITY INTERESTS REPRESENTED.—
Committee members shall be representative of the 
interests of the following 3 categories: 
(A) 5 persons who—
(i) represent organized labor;
(ii) represent developed outdoor recre-
ation, off highway vehicle users, or com-
mercial recreation activities; 
(iii) represent energy and mineral de-
velopment interests; 
(iv) represent the commercial timber 
industry; or 
(v) hold Federal grazing permits, or 
other land use permits within the Project 
Area. 
(B) 5 persons representing—
(i) 
nationally 
recognized 
environ-
mental organizations; 
(ii) regionally or locally recognized en-
vironmental organizations; 
(iii) dispersed recreational activities; 
(iv) archeaological and historical in-
terests; or 
(v) nationally or regionally recognized 
fish and wildlife interest groups. 
(C) 5 persons who—
(i) hold State elected office or their 
designee; 
(ii) hold county or local elected office;
(iii) represent American Indian Tribes 
within or adjacent to the Project Area; 
(iv) are school officials or teachers; or 
(v) represent the affected public at 
large. 
(3) BALANCED REPRESENTATION.—In appoint-
ing CAP members from the 3 categories in para-
graph (2), the Secretary shall provide for balanced 
and broad representation from within each category. 
(4) GEOGRAPHIC
DISTRIBUTION.—The mem-
bers of the CAP shall reside within the State of 
Idaho and, to the extent practicable, within or adja-
cent to the Project Area. 
(5) CHAIRPERSON.—A majority on the CAP 
shall select the chairperson of the panel. 
(e) APPROVAL PROCEDURES.—
(1) Subject to paragraph (2) and the other re-
quirements of this Act, the CAP shall establish pro-
cedures for proposing, developing, and reviewing ac-
tivities and schedules for recommendation to the 
Forest Service for approval and implementation 
under this Act. A quorum must be present to con-
stitute an official meeting of the CAP. 
(2) An activity or schedule may be rec-
ommended by the CAP to the applicable Forest Su-
pervisor for approval and implementation under this 
Act if it has been approved by a majority of CAP 
members from each of the 3 categories in subsection 
(d)(2). 
(f) OTHER COMMITTEE AUTHORITIES AND REQUIRE-
MENTS.—
(1) STAFF ASSISTANCE.—The CAP may submit 
to the Secretary a request for staff assistance from 
Federal employees under the jurisdiction of the Sec-
retary. 
(2) MEETINGS.—All meetings of the CAP shall 
be announced at least 1 week in advance in a local 
newspaper of record and shall be open to the public. 
(3) 
RECORDS.—The 
CAP 
shall 
maintain 
records of the meetings of the panel and make the 
records available for public inspection. 
SEC. 5. THE CLEARWATER BASIN PROJECT. 
(a) PROJECT TITLE.—The pilot project authorized by 
this Act shall be known as the ‘‘Clearwater Basin 
Project’’.
(b) PROJECT AREA.—The area encompassed by the 
Project shall be the North Fork, Powell, and Lochsa 
Ranger Districts on the Clearwater National Forest, and 
the Red River/Elk City, Moose Creek and Clearwater 
Ranger Districts on the Nez Perce National Forest.
(c) AUTHORITY AND DUTIES OF THE CLEARWATER 
ADVISORY PANEL REGARDING THE PROJECT.—The CAP 
shall review and recommend activities for high priority im-
plementation within the Project Area that are authorized 
under this Act, according to the requirements in this Act. 
(d) ACTIVITIES AUTHORIZED
FOR RECOMMENDA-
TION AND IMPLEMENTATION UNDER THIS ACT.—The 
CAP may recommend activities for which funding is au-
thorized and appropriated under this Act or other law. 
The activities that the CAP recommends for implementa-
tion under this Act shall be those that the CAP determines 
are high priority to implement stewardship objectives, as 
defined in this Act. 
(e) STEWARDSHIP CONTRACTS.—A total of 3 stew-
ardship contracts in addition to those authorized under 
any other law are authorized for recommendation by the 
CAP and approval and implementation in accordance 
with, and to achieve the purposes of, this Act. 
(f) DEVELOPMENT, APPROVAL, AND IMPLEMENTA-
TION OF FIVE-YEAR SCHEDULE FOR PRIORITY ACTIVI-
TIES.—
(1) GENERAL.—Within 2 years after enactment 
of this Act, the CAP shall, in consultation with and 
with technical assistance from the applicable Forest 
Supervisor, develop and submit for Forest Super-
visor approval schedules of high priority activities to 
be commenced within the Project Area for the ensu-
ing 5-year period. A schedule shall be developed and 
approved for the Clearwater National Forest portion 
of the Project Area, and a separate schedule for the 
Nez Perce National Forest portion of the Project 
Area. Thereafter, the CAP shall develop and submit 
for approval such schedules for the following 5-year 
period, in advance thereof. Each 5-year schedule 
shall be in sufficient detail to describe the high pri-
ority activities to commence in the Project Area over 
the 5-year period and the timing for their implemen-
tation, and to allow reasonable site-specific, project 
level evaluation of their environmental effects. The 
scope of the activities included in each schedule shall 
be reasonably adjusted to the extent that the CAP 
and applicable Forest Supervisor determine nec-
essary to allow such evaluation to be completed with-
in the time periods provided by this Act. 
(2) CONSISTENCY
WITH
FOREST
PLAN.—The 
activities included within the 5-year schedules shall 
be consistent with the applicable forest land and re-
source management plan (‘‘LRMP’’). The schedule 
may include any amendment of the applicable forest 
LRMP that the CAP recommends or that the appli-
cable Forest Supervisor determines is necessary to 
allow or facilitate implementation of 1 or more ac-
tivities in the schedule. 
(3) NATIONAL
ENVIRONMENTAL
POLICY
ACT 
AND RELATED PROCEDURES.—
(A) The Forest Service shall complete any 
applicable National Environmental Policy Act 
(‘‘NEPA’’) procedures for the approval at the 
site-specific, project level of the activities in 
each 5-year schedule, tiered to the applicable 
forest LRMP environmental impact statement 
(‘‘EIS’’). The NEPA and any review, consulta-
tion and coordination under other laws, includ-
ing but not limited to the National Forest Man-
agement Act, Endangered Species Act, and Na-
tional Historic Preservation Act, must be com-
pleted within 1 year after the Forest Service, in 
consultation with the NCI RAC, issues the pub-
lic scoping notice regarding the proposed sched-
ule. 
(B) The Forest Service and any other Fed-
eral agencies involved shall provide sufficient 
personnel and other resources directly or 
through contracting to complete, within the 1-
year period, any applicable NEPA and other
procedures for the activities in the schedule, 
and without substantially delaying implementa-
tion of other forest management activities in 
Region 1 of the Forest Service. The Forest 
Service and other involved agencies may rely 
upon or use any NEPA or other analysis, docu-
ments or procedures previously performed for 
any activity in the schedule. 
(C) If any required review, consultation or 
coordination under NEPA or other laws has not 
been completed within the 1-year period, the 
lack of completion shall not be a basis for chal-
lenging or delaying submittal, approval, or im-
plementation of activities in the schedule, upon 
a finding by the CAP and the applicable Forest 
Supervisor that sufficient review, consultation 
and coordination has occurred and a sufficient
record exists to make a reasoned decision re-
garding approval of the activities in the sched-
ule. 
(D) The CAP shall consult with the Nez 
Perce Tribe in developing and recommending 
each 5-year schedule of activities. The Forest 
Service shall consult with the Tribe to assure 
that the activities in the schedule are consistent
with treaty and any other obligations to the 
Tribe. 
(4) SUBMITTAL TO FOREST SUPERVISOR.—The 
CAP shall submit a final recommendation regarding 
each 5-year schedule, together with the record of 
NEPA and any other review, consultation and co-
ordination conducted for the schedule, to the appli-
cable Forest Supervisor for approval. The final rec-
ommendation and record shall be submitted to the 
Forest Supervisor at least 30 days in advance of the 
date for commencing implementation. 
(5) APPROVAL BY FOREST SUPERVISOR.—With-
in 30 days after receiving the CAP recommended 
schedule and record, the Forest Supervisor shall 
issue a project or activity decision document regard-
ing approval of the recommended schedule in accord-
ance with NEPA and any other applicable proce-
dures. In the decision document, the Forest Super-
visor may approve the schedule, place conditions on 
implementing the schedule or disapprove the sched-
ule and return it to the CAP for further consider-
ation with instructions. If the Forest Supervisor has 
not issued a decision document upon expiration of 
30 days after receipt of the CAP recommended 
schedule and record, the schedule shall be deemed
approved by the Forest Supervisor and subject to 
administrative appeal under any such Department of 
Agriculture procedures applicable to Forest Service 
project or activity Record of Decision or Decision 
Notice documents issued pursuant to NEPA. 
(6) IMPLEMENTATION.—Upon approval of the 
schedule and subject to any stay taking effect pursu-
ant to Department of Agriculture Forest Service 
project or activity administrative appeal procedures, 
the Forest Service may issue any permits, contracts, 
or other authorizations for activities in the schedule 
without further NEPA or other review, consultation 
or coordination with other entities. 
(7) ACTIVITIES
NOT
INCLUDED
IN
A
5-YEAR 
SCHEDULE; AMENDMENT OF SCHEDULE.—Activities 
that the CAP determines should proceed in advance 
of approval of the first 5-year schedule, or which 
otherwise are not included in a 5-year schedule, may 
be approved and implemented on an individual or 
grouped basis, upon completing the process and re-
quirements for review and approval of a 5-year 
schedule. A 5-year schedule may otherwise be 
amended upon completing the process and require-
ments for review and approval of the schedule.
(g) RELATION TO OTHER SCHEDULES, PLANS AND 
ACTIVITIES.—
(1) The 5-year schedules and activities author-
ized under this section shall supplement other sched-
ules, plans, and projects or other activities author-
ized and implemented under other law; provided, 
upon CAP recommendation and applicable Forest 
Supervisor approval, an activity that was included in 
another schedule or plan or proposed, authorized, or 
funded under other law may be authorized and im-
plemented as an activity under this section, if the 
activity otherwise meets the requirements in this Act 
for implementation as a high priority activity. 
(2) Notwithstanding Public Law 106–393 (16 
U.S.C. 500 note), any moneys received by the Forest 
Service from activities approved and implemented 
under this Act shall be distributed in accordance 
with the Act of May 23, 1908 (16 U.S.C. 500). 
SEC. 6. MONITORING AND REPORTS. 
(a) REPORT ON APPLICABLE RULES AND REGULA-
TIONS.—The CAP may submit to the Secretary and the 
Committees of Congress a compilation of applicable rules 
and regulations which in the view of the CAP are inappro-
priate, incompatible with this Act, or unduly burdensome.
(b) 
MONITORING, 
ANNUAL
REPORT
ON
THE 
PROJECT.—The Secretary shall monitor the activities and 
achievements in the Project Area under this Act. No later 
than 2 years after the date of enactment of this Act and 
each year thereafter, the Secretary shall submit a report 
thereon to the Committee on Energy and Natural Re-
sources of the United States Senate and the Committee 
on Resources of the United States House of Representa-
tives. The report shall include detailed information on the 
sources and uses of funds and the status, outputs and 
other results accomplished for each activity recommended 
for priority implementation by the CAP under this Act. 
(c) STATE OF IDAHO REPORT.—The Secretary shall 
request the State of Idaho, through the University of 
Idaho College of Natural Resources or other means, to re-
view the activities and achievements in the Project Area 
under this Act and to prepare and submit a report thereon 
to the Secretary and the Committees of Congress 5 years 
after the date of enactment of this Act and each 5 years 
thereafter that the Project continues. The report shall in-
clude an assessment of whether, and to what extent, the 
activities funded pursuant to this Act are meeting or en-
hancing the accomplishment of stewardship objectives as 
defined in this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated such sums as 
may be necessary annually, to remain available until ex-
pended, for the following: 
(1) Developing, submitting, approving and im-
plementing 5-year schedules and priority activities 
under this Act, including but not limited to the stew-
ardship contracts authorized by this Act; 
(2) Other CAP activities and technical assist-
ance to the CAP for purposes of this Act; 
(3) Monitoring and reporting authorized under 
this Act; 
(4) Such other actions as are necessary to im-
plement this Act. 
The authorization in this section shall continue until the 
end of the 2012 fiscal year unless reauthorized by an Act 
of Congress. 
SEC. 8. SEVERABILITY. 
If any provision of this Act or the application thereof 
to any person or circumstances is held invalid, the validity 
of the remainder of the Act and of the application of such 
provision to other persons and circumstances shall not be 
affected thereby.
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