I
107TH CONGRESS
2D SESSION
H. R. 5342
To require the Secretary of Agriculture to conduct a demonstration forest
management project in the Black Hills National Forest in the States
of South Dakota and Wyoming.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 5, 2002
Mr. THUNE introduced the following bill; which was referred to the Committee
on Resources
A BILL
To require the Secretary of Agriculture to conduct a dem-
onstration forest management project in the Black Hills
National Forest in the States of South Dakota and Wyo-
ming.
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
‘‘Black Hills Charter Forest Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Purpose.
Sec. 5. Demonstration forest management project, Black Hills National Forest,
South Dakota and Wyoming.
Sec. 6. Independent scientific review and monitoring.
Sec. 7. Community management council.
Sec. 8. Predecisional review process for demonstration project.
Sec. 9. Stewardship contracting authority.
Sec. 10. Retention of demonstration project receipts.
Sec. 11. Relation to National Environmental Policy Act of 1969.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ‘‘council’’ means the community
management council appointed under section 7.
(2) The term ‘‘demonstration project’’ means
the demonstration forest management project for the
Black Hills National Forest in the States of South
Dakota and Wyoming required by this Act.
(3) The term ‘‘panel’’ means the panel of non-
Federal scientists assembled by the Secretary under
section 6.
(4) The term ‘‘Secretary’’ means the Secretary
of Agriculture, acting through the Chief of the For-
est Service.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The administrative body for the National
Forest System, the Forest Service, is plagued by in-
effective public involvement, management ineffi-
ciency, and protracted, superfluous analyses.
(2) The debilitations of the Forest Service have
cultivated an environment of mistrust and divisive-
ness in forest policy, begetting a cumbersome, enfee-
bled process of resource management in the Black
Hills National Forest.
(3) This state of affairs represents a grievous
disservice to the public and the environment and are
indicative of an administrative process in need of re-
pair; and
(4) it is in the public interest to explore a broad
spectrum of progressive solutions to improve forest
management for, and the condition of forests in, the
Black Hills National Forest.
SEC. 4. PURPOSE.
The purpose of this Act is—
(1) to increase community involvement in deci-
sionmaking regarding the management of the Black
Hills National Forest;
(2) to evaluate alternatives in reforming the
current Forest Service administrative appeals proc-
ess for projects in the Black Hills National Forest;
(3) to provide the Black Hills National Forest
with more efficient and dynamic contracting mecha-
nisms to accomplish land and resource management
plan objectives; and
(4) to evaluate and implement procedural re-
form in the Forest Service’s administration of the
National Environmental Policy Act of 1969 (42
U.S.C. 4331 et seq.) on forest projects in the Black
Hills National Forest, in keeping with the law’s sub-
stantive intent.
SEC. 5. DEMONSTRATION FOREST MANAGEMENT PROJECT,
BLACK HILLS NATIONAL FOREST, SOUTH DA-
KOTA AND WYOMING.
(a) DEMONSTRATION
PROJECT
REQUIRED.—The
Secretary of Agriculture, acting through the Chief of the
Forest Service, shall conduct a demonstration project in
the Black Hills National Forest for the purpose of increas-
ing community involvement in decisionmaking regarding
the management of the Black Hills National Forest and
evaluating various methods, described in this Act, to im-
prove the management and condition of the Black Hills
National Forest.
(b) 
COMMENCEMENT
OF
DEMONSTRATION
PROJECT.—The Secretary shall commence the demonstra-
tion project upon the completion of the phase 2 amend-
ment, pending as of the date of the enactment of this Act,
to the land and resource management plan for the Black
Hills National Forest.
(c) DURATION.—The Secretary shall terminate the
demonstration project at the end of the 10-year period be-
ginning on the date the demonstration project is com-
menced pursuant to subsection (b).
(d) RELATION TO OTHER NATIONAL FOREST SYS-
TEM LAWS.—Except as provided in this Act, during the
term of the demonstration project, the Secretary shall con-
tinue to manage the Black Hills National Forest under
all of the laws and regulations governing occupancy, use,
and management of the National Forest System.
SEC. 6. INDEPENDENT SCIENTIFIC REVIEW AND MONI-
TORING.
(a) REVIEW
OF ECOLOGICAL, SOCIAL, AND ECO-
NOMIC SUSTAINABILITY OF FOREST.—
(1) INITIAL REVIEW.—The Secretary shall as-
semble an independent panel of non-Federal sci-
entists to conduct an assessment, using accepted
measures and indicators, of the ecological, social,
and economic sustainability of the Black Hills Na-
tional Forest, taking into consideration such factors
as forest health, susceptibility to catastrophic fire,
biological diversity, and the capability of the forest
to sustain communities and economies.
(2) SUBMISSION OF RESULTS.—Not later than
one year after the date of the enactment of this Act,
the panel shall submit to the Secretary and Congress
a report containing the results of the assessment
conducted under this subsection.
(b) 
MONITORING
PLAN
FOR
DEMONSTRATION
PROJECT.—The panel shall prepare a monitoring plan to
be used to track the implementation of the demonstration
project.
(c) REVISED
REVIEW; RESUBMISSION
OF
RE-
SULTS.—At the end of the first five years of the dem-
onstration project and upon the completion of the dem-
onstration project, the panel shall revise the assessment
conducted under subsection (a) and resubmit it to the Sec-
retary and Congress.
(d) EFFECTS OF DEMONSTRATION PROJECT.—Using
the information collected from the monitoring plan, the
panel shall include in each revised assessment an evalua-
tion of the positive and negative impacts of the demonstra-
tion project on changes in the ecological, social, and eco-
nomic sustainability of the Black Hills National Forest.
SEC. 7. COMMUNITY MANAGEMENT COUNCIL.
(a) ESTABLISHMENT
AND PURPOSES.—The Sec-
retary shall establish a community management council as
part of the demonstration project for the purpose of—
(1) advising the Secretary and the Supervisor
of the Black Hills National Forest on the broad
array of environmental, economic, and social issues
related to the management, occupancy, and use of
the Black Hills National Forest; and
(2) advising the Secretary and the Supervisor
in the development of binding priorities for manage-
ment activities on the Black Hills National Forest.
(b) APPOINTMENT
AND MEMBERS.—The council
shall consist of 13 members, appointed by the Secretary
in consultation with the Governors and congressional dele-
gations of the States of South Dakota and Wyoming.
Members shall meet the following criteria:
(1) Members shall represent an equitable cross-
section of forest policy stakeholders.
(2) Members shall reside in the seven counties
that encompass the Black Hills National Forest:
(A) Pennington, Lawrence, Meade, Custer,
and Fall River Counties of South Dakota.
(B) Crook and Weston Counties of Wyo-
ming.
(3) Members shall have demonstrated a willing-
ness to seek compromise on complex forest issues
through respectful and reasonable discourse.
(4) Members shall have demonstrated an ability
to respect values, cultures, and points of view other
than their own.
(c) FOREST SUPERVISOR.—The Supervisor of the
Black Hills National Forest shall serve as an ex officio
member of the council.
(d) VACANCIES; GEOGRAPHIC REPRESENTATION.—
Vacancies on the council shall be filled in the same manner
as the original appointment.
(e) COMPENSATION.—Members of the council who
are not Federal employees shall serve without compensa-
tion.
(f) OTHER COUNCIL AUTHORITIES AND REQUIRE-
MENTS.—
(1) STAFF ASSISTANCE.—The council may re-
quest the Secretary to provide staff assistance to the
council from Federal employees under the jurisdic-
tion of the Secretary.
(2) MEETINGS.—All meetings of the council
shall be announced at least one week in advance in
a local newspaper of record and shall be open to the
public.
(3) RECORDS.—The council shall maintain
records of the meetings of the council and make the
records available for public inspection.
(4) RELATION TO OTHER LAW.—The council
shall be exempt from the provisions of the Federal
Advisory Committee Act (5 U.S.C. App.).
SEC. 8. PREDECISIONAL REVIEW PROCESS FOR DEM-
ONSTRATION PROJECT.
(a) IN GENERAL.—The Secretary shall promulgate
rules to establish a predecisional review process that would
be used during the term of the demonstration project in
connection with site-specific projects in the Black Hills
National Forest that require approval by a Forest Service
official in a decision notice or record of decision.
(b) RELATION
TO
REQUIRED
ENVIRONMENTAL
ANALYSIS.—The predecisional review process shall not be
construed to alter or waive any environmental analysis
otherwise required as part of the planning or implementa-
tion of a project in the Black Hills National Forest.
(c) REQUIRED ELEMENTS OF PREDECISIONAL RE-
VIEW.—
(1) NOTICE.—The rules required by subsection
(a) shall provide for notice of a proposed decision
and an opportunity to request review before a final
decision on a site-specific project is made.
(2) RIGHT TO REQUEST A PREDECISIONAL RE-
VIEW.—For a period not to exceed 30 days from the
date notice is provided pursuant to paragraph (1),
review of a proposed decision may be requested by
any individual or entity, but only if the individual or
entity submitted written comments during the prep-
aration stage of the project on the issue or issues for
which predecisional review is sought.
(3) COMPLETION OF REVIEW.—The review of a
request for predecisional review shall be completed
before issuance of a final decision regarding the
project at issue. The review shall be completed with-
in 30 days after the date the request was submitted.
(d) EXEMPTION.—The Secretary may exempt a pro-
posed decision responding to an unexpected or serious
event that would provide relief from hazards threatening
human health and safety or natural resources, or provide
for rehabilitation and recovery of forest resources, from
the predecisional review rules prescribed under this sec-
tion.
(e) EXHAUSTION OF PREDECISIONAL REVIEW PROC-
ESS.—Notwithstanding any other provision of law, an in-
dividual or entity must exhaust the predecisional review
process before the individual or entity may bring an action
in court challenging a site-specific project under the dem-
onstration project.
(f) PRESUMPTION.—In any predecisional review or
litigation of a management activity under the demonstra-
tion project, the responsible official, administrative entity,
or court shall give deference to the expert judgment of
the Secretary in identifying and interpreting the scientific
data that is the basis for the management activity.
(g) RELATION
TO
FOREST
SERVICE
DECISION-
MAKING AND APPEALS REFORM.—Section 322 of the De-
partment of the Interior and Related Agencies Appropria-
tions Act, 1993 (Public Law 102–381; 16 U.S.C. 1612
note), shall not apply to activities conducted under the
demonstration project.
SEC. 9. STEWARDSHIP CONTRACTING AUTHORITY.
(a) USE OF EXISTING DEMONSTRATION AUTHOR-
ITY.—During the term of the demonstration project, the
Secretary may enter into stewardship and end result con-
tracts for the Black Hills National Forest in accordance
with section 347 of the Department of the Interior and
Related Agencies Appropriations Act, 1999 (as contained
in section 101(e) of division A of Public Law 105–277;
16 U.S.C. 2104 note), to accomplish the land management
goals specified in subsection (b) of such section.
(b) ADDITIONAL CONTRACTS.—The contracts en-
tered into under the authority of subsection (a) shall be
in addition to the contracts authorized under such section
347 or under section 338 of the Department of the Inte-
rior and Related Agencies Appropriations Act, 2001 (Pub-
lic Law 106–291; 16 U.S.C. 2104 note).
SEC. 10. RETENTION OF DEMONSTRATION PROJECT RE-
CEIPTS.
(a) RETENTION.—During the term of the demonstra-
tion project, the Secretary shall retain the monetary pro-
ceeds from commercial timber sales and special use permit
fees derived from the Black Hills National Forest. The
retained receipts shall be in addition to such other funds
appropriated or otherwise made available for the operation
of the Black Hills National Forest, and the receipts shall
not be subject to overhead assessment.
(b) USE.—The Secretary shall use the retained re-
ceipts for projects in the Black Hills National Forest, with
priority placed on projects related to forest health, restora-
tion, hazardous fuels reduction, and disease and invasive
species control.
(c) ROLE OF COUNCIL.—The Secretary shall consult
with the council in selecting projects under this section.
SEC. 11. RELATION TO NATIONAL ENVIRONMENTAL POLICY
ACT OF 1969.
In conducting the demonstration project, the Sec-
retary shall continue to comply with the substantive re-
quirements of the National Environmental Policy Act of
1969 (42 U.S.C. 4331 et seq.) and its implementing rules.
Not later than 180 days after the date of the enactment
of this Act, the Secretary shall promulgate rules regarding
implementation of the National Environmental Policy Act
of 1969 in the Black Hills National Forest during the
demonstration project, being careful to provide maximum
latitude to line officers and the council consistent with the
substantive requirements of that Act.
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