Union Calendar No. 249
105TH CONGRESS
2D SESSION
H. R. 2515
[Report No. 105–440, Part I]
A BILL
To address the declining health of forests on Fed-
eral lands in the United States through a pro-
gram of recovery and protection consistent with
the requirements of existing public land manage-
ment and environmental laws, to establish a pro-
gram to inventory, monitor, and analyze public
and private forests and their resources, and for
other purposes.
MARCH 12, 1998
Reported from the Committee on Agriculture with
amendments
MARCH 12, 1998
Referral to the Committee on Resources extended for a
period ending not later than March 12, 1998
MARCH 12, 1998
The Committee on Resources discharged; referred to the
Committee of the Whole House on the State of the
Union and ordered to be printed
IB
Union Calendar No. 249
105TH CONGRESS
2D SESSION
H. R. 2515
[Report No. 105–440, Part I]
To address the declining health of forests on Federal lands in the United
States through a program of recovery and protection consistent with
the requirements of existing public land management and environmental
laws, to establish a program to inventory, monitor, and analyze public
and private forests and their resources, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 23, 1997
Mr. SMITH of Oregon (for himself, Mr. STENHOLM, Mr. COMBEST, Mr.
BISHOP, Mr. CALLAHAN, Mrs. EMERSON, and Mr. PETERSON of Pennsyl-
vania) introduced the following bill; which was referred to the Committee
on Agriculture, and in addition to the Committee on Resources, 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 commit-
tee concerned
MARCH 12, 1998
Additional sponsors: Mr. PETERSON of Minnesota, Mr. DEAL of Georgia, Mr.
PICKERING, Mr. SKEEN, Mr. CHAMBLISS, Mr. HERGER, Mr. BARRETT of
Nebraska, Mr. RADANOVICH, Mr. NETHERCUTT, Mr. STUPAK, Mr.
THUNE, Ms. DUNN, and Ms. DANNER
MARCH 12, 1998
Reported from the Committee on Agriculture with amendments
[Strike out all after the enacting clause and insert the part printed in italic]
MARCH 12, 1998
Referral to the Committee on Resources extended for a period ending not later
than March 12, 1998
MARCH 12, 1998
The Committee on Resources discharged; referred to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on September 23, 1997]
A BILL
To address the declining health of forests on Federal lands
in the United States through a program of recovery
and protection consistent with the requirements of exist-
ing public land management and environmental laws,
to establish a program to inventory, monitor, and analyze
public and private forests and their resources, 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. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘For-
est Recovery and Protection 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. National Program of Forest Recovery and Protection.
Sec. 5. Scientific Advisory Panel.
Sec. 6. Advance recovery projects.
Sec. 7. Forest Recovery and Protection Fund.
Sec. 8. Authorization of appropriations.
Sec. 9. Audit requirements.
Sec. 10. Forest inventorying and analysis.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There are tradeoffs in values associated with
proactive, passive, or delayed forest management. The
values gained by proactive management outweigh the
values gained by delayed or passive management of
certain Federal forest lands.
(2) Increases in both the number and severity of
wildfire, insect infestation, and disease outbreaks on
Federal forest lands are occurring as a result of high
tree densities, species composition, and structure that
are outside the historic range of variability. These
disturbances cause or contribute to significant soil
erosion, degradation of air and water quality, loss of
watershed values, habitat loss, and damage to other
forest resources.
(3) Serious destruction or degradation of impor-
tant forest resources occurs in all regions of the
United States. Management activities to restore and
protect these resources in perpetuity are needed in
each region and should be designed to address region-
specific needs.
(4) According to the Chief of the United States
Forest Service, between 35 and 40 million of the 191
million acres of Federal forest lands managed by the
Forest Service are at an unacceptable risk of destruc-
tion 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 for
fish and wildlife (including threatened and endan-
gered species), public recreation areas, timber, water-
sheds, and other important forest resources.
(5) Restoration and protection of important for-
est resources require active forest management involv-
ing a range of management activities, including
thinning, salvage, prescribed fire (after appropriate
thinning), sanitation and other insect and disease
control, riparian and other habitat improvement, soil
stabilization and other water quality improvement,
and seedling planting and protection.
(6) Many units of the National Forest System
have an increasing backlog of unfunded projects to re-
store and protect degraded forest resources. Adequate
funding, structured so as to maximize the allocation
of monies for on-the-ground projects, is needed to ad-
dress this backlog in an efficient, cost-effective way.
(7) A comprehensive, nationwide effort is needed
to restore and protect important forest resources in an
organized, timely, and scientific manner. There
should be immediate action to improve the areas of
Federal forest lands where serious resource degrada-
tion has been thoroughly identified and assessed or
where serious resource destruction or degradation by
natural disturbance is imminent.
(8) Congress and the Comptroller General have
identified the need to increase agency accountability
for achieving measurable results at all levels of gov-
ernment, both in the management of fiscal resources
and in carrying out statutory mandates. Additional
funding to address the backlog of recovery projects in
the National Forest System must, therefore, be accom-
panied by performance standards and accountability
mechanisms that will clearly demonstrate the results
achieved by any additional investment of taxpayer
dollars.
(9) Frequent forest inventory and analysis of the
status and trends in the conditions of forests and
their resources are needed to identify and reverse the
destruction or degradation of important forest re-
sources in a timely and effective manner. The present
average 12- to 15-year cycle of forest inventory and
analysis to comply with existing statutory require-
ments is too prolonged to provide forest managers
with the data necessary to make timely and effective
management decisions, particularly decisions respon-
sive to changing forest conditions.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) FEDERAL FOREST LANDS.—The term ‘‘Fed-
eral forest lands’’ means lands within the National
Forest System.
(2) FUND.—The terms ‘‘Forest Recovery and
Protection Fund’’ and ‘‘Fund’’ mean the fund estab-
lished under section 7.
(3) IMPLEMENTATION DATE.—The term ‘‘imple-
mentation 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 second option
would occur within six months of the next January
15, the Secretary may designate that January 15 as
the implementation date.
(4) LAND MANAGEMENT PLAN.—The term ‘‘land
management plan’’ means a land and resource man-
agement plan prepared by the Forest Service pursu-
ant to section 6 of the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 U.S.C. 1604)
for Federal forest lands under the jurisdiction of the
Secretary of Agriculture.
(5) NATIONAL
PROGRAM.—The term ‘‘national
program’’ means the National Program of Forest Re-
covery and Protection required by section 4.
(6) OVERHEAD EXPENSES.—The terms ‘‘overhead
expenses’’ and ‘‘overhead’’ mean—
(A) common services and indirect expenses,
as such terms are defined by expense items 1–10
in Appendix E of the United States Forest Serv-
ice 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
Forest Management Program Annual Report,
Fiscal Year 1996 (FS–614), dated December,
1997 (pages 110–111); and
(C) any other cost of line management or
program support that cannot be directly attrib-
utable to specific projects or programs.
(7) RECOVERY AREA.—The term ‘‘recovery area’’
means an area of Federal forest lands, identified by
the Secretary under section 4(c)—
(A) that has experienced disturbances from
wildfires, insect infestations, disease, wind, flood,
or other causes, which have caused or contributed
to significant soil erosion, degradation of water
quality, loss of watershed values, habitat loss, or
damage to other forest resources of the area; or
(B) in which the forest structure, function,
or composition has been altered so as to increase
substantially the likelihood of wildfire, insect in-
festation, or disease in the area and the con-
sequent risks of damage to soils, water quality,
watershed values, habitat, and other forest re-
sources from wildfire, insect infestation, disease,
wind, flood, or other causes.
(8) RECOVERY
PROJECT.—The term ‘‘recovery
project’’ means a project designed by the Secretary to
improve, restore, or protect forest resources within an
identified recovery area, including thinning, salvage,
prescribed fire (after appropriate thinning), sanita-
tion and other insect and disease control, riparian
and other habitat improvement, soil stabilization and
other water quality improvement, and seedling plant-
ing and protection.
(9) SCIENTIFIC
ADVISORY
PANEL.—The term
‘‘Scientific Advisory Panel’’ means the advisory panel
appointed under section 5.
(10) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture, acting through the Chief
of the Forest Service.
SEC. 4. NATIONAL PROGRAM OF FOREST RECOVERY AND
PROTECTION.
(a) NATIONAL PROGRAM REQUIRED.—Not later than
the implementation date, the Secretary shall commence a
national program to restore and protect forest resources lo-
cated on Federal forest lands in the United States through
the performance of recovery projects in identified recovery
areas.
(b) STANDARDS AND CRITERIA.—
(1) INITIAL PUBLICATION.—Not later than the
implementation date, the Secretary shall publish in
the Federal Register the standards and criteria to be
used for the identification of, and the assignment of
management priority rankings to, recovery areas. In
establishing the standards and criteria, the Secretary
shall consider the standards and criteria rec-
ommended by the Scientific Advisory Panel under
section 5(f). The Secretary shall include in the Fed-
eral Register entry required by this paragraph an ex-
planation of any significant differences between the
recommendations of the Scientific Advisory Panel
and the standards and criteria actually established by
the Secretary.
(2) MODIFICATION.—The Secretary may modify
the standards and criteria established pursuant to
paragraph (1). Any such modification shall also be
published in the Federal Register.
(3) EFFECT
ON
EXISTING
LAND
MANAGEMENT
PLANS.—The standards and criteria established pur-
suant to paragraph (1), or any modification thereto,
shall not amend, revise, replace, or otherwise alter
any existing land management plan.
(c) IDENTIFICATION OF RECOVERY AREAS.—
(1) ALLOCATION OF FUNDS; IDENTIFICATION AND
RANKING OF RECOVERY AREAS.—For each fiscal year
during the national program, the Secretary shall allo-
cate, in accordance with the standards and criteria
established and in effect under subsection (b),
amounts from the Forest Recovery and Protection
Fund to regions of the Forest Service for the purpose
of conducting recovery projects in identified recovery
areas. In making such allocations, the Secretary
shall—
(A) identify recovery areas within which al-
located amounts should be used to conduct recov-
ery projects; and
(B) prioritize recovery areas for the purpose
of their receiving allocated amounts.
(2) NOTICE REQUIRED.—On the implementation
date, and for each fiscal year during the national
program in which the identification or ranking of re-
covery areas will change, the Secretary shall publish
in the Federal Register a notice regarding the deter-
minations required under paragraph (1). The notice
shall be published not later than the following:
(A) In the case of the initial notice, the im-
plementation date.
(B) In the case of each subsequent notice,
January 15 of each fiscal year after the fiscal
year in which the implementation date occurs.
(3) REQUIREMENTS FOR NOTICE.—The annual
notice required by paragraph (2) shall include the fol-
lowing:
(A) An identification of the recovery areas
for which the Secretary has allocated funds
under paragraph (1).
(B) The prioritization of recovery areas for
the purpose of their receiving allocated funds
under paragraph (1).
(C) The total acreage, nationally and by re-
covery area, proposed for treatment during the
fiscal year using amounts allocated under para-
graph (1).
(D) A breakdown of the amounts allocated
to each region of the Forest Service under para-
graph (1).
(4) AUTHORIZED USE OF FUNDS FOR MULTIYEAR
PROJECTS.—Amounts allocated by the Secretary pur-
suant to paragraph (1) shall be available, without
further allocation by the Secretary, to carry out and
administer multiyear recovery projects beyond the fis-
cal year in which the funds are allocated by the Sec-
retary.
(d) SELECTION OF RECOVERY PROJECTS.—
(1) SELECTION
AND
FINAL
DECISION
RE-
QUIRED.—Not later than 120 days after the date of
the publication of the notice required under subsection
(c)(2) for a fiscal year, the regional forester (or the
designees of the regional forester) in each region in
which recovery areas are identified and to which
funds are allocated under subsection (c) 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 re-
gional forester (or the designees of the regional for-
ester) shall not select or implement a recovery project
under the authority of this Act in any of the follow-
ing:
(A) Any unit of the National Wilderness
Preservation System or any roadless area on
Federal forest lands designated by Congress for
study for possible inclusion in such system.
(B) Any riparian area, late successional re-
serve, or old growth area within which the im-
plementation of recovery projects is prohibited by
the applicable land management plan.
(C) Any other area in which the implemen-
tation of recovery projects is prohibited by law,
a court order, or the applicable land manage-
ment plan.
(e) REQUIREMENTS FOR RECOVERY PROJECT SELEC-
TION.—In selecting recovery projects as required under sub-
section (d), the regional forester (or the designees of the re-
gional forester) in each region 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 to be treated by recovery projects during the fis-
cal year is not less than the total acreage identified
by the Secretary under subsection (c)(3)(C) for that
recovery area;
(3) consider the economic benefits to be provided
to local communities as a result of each recovery
project, but only to the extent that such considerations
are consistent with the standards and criteria for re-
covery areas established and in effect under subsection
(b) and the priorities established by the ranking of re-
covery areas under subsection (c);
(4) ensure that each recovery project is consistent
with the land management plan applicable to the re-
covery area within which the recovery project will be
conducted; and
(5) ensure that each recovery project is designed
to be implemented in the most cost-effective manner,
except that a recovery project is not precluded simply
because the cost of preparing and implementing the
recovery project is likely to exceed the revenue derived
from the recovery project.
(f) PETITION PROCESS.—
(1) REQUEST FOR IDENTIFICATION AS RECOVERY
AREA.—Not later than 180 days after the implemen-
tation date, any interested person may petition the
Secretary to identify a specific area of Federal forest
lands as a recovery area for which funds should be al-
located pursuant to subsection (c). Each area speci-
fied in such a petition must be at least one thousand
acres in size.
(2) CONTENT.—The petition shall contain a rea-
sonably precise description of the boundaries of the
area included in the petition and the reasons why the
petitioner believes the area meets the standards and
criteria, established pursuant to subsection (b), re-
quired for identification as a recovery area.
(3) NOTICE AND COMMENT.—Not later than 210
days after the implementation date, the Secretary
shall publish in the Federal Register a notice of the
availability of the petitions filed with the Secretary
pursuant to paragraph (1) for public comment. Dur-
ing the 30-day period beginning on the date the no-
tice is published, the Secretary shall accept comments
on the petitions.
(4) DETERMINATION.—If the Secretary deter-
mines that an area described in a petition under this
subsection warrants identification as a recovery area,
the Secretary shall include the area in the list of re-
covery areas identified in the first notice prepared
under subsection (c) after the implementation date. If
the Secretary determines that the area does not war-
rant identification as a recovery area, the Secretary
shall provide the reasons therefor in that same Fed-
eral Register entry.
(g) ANNUAL REPORT TO CONGRESS.—
(1) REPORT REQUIRED.—Not later than the im-
plementation date, and each January 15 thereafter,
the Secretary shall submit to Congress a report on the
allocation of funds and the identification and ranking
of recovery areas required under subsection (c).
(2) REPORT CONTENTS.—Each report required
by paragraph (1) shall include the following:
(A) An identification of, and justification
for, the recovery areas for which the Secretary
has allocated funds under subsection (c).
(B) The prioritization of recovery areas for
the purpose of their receiving allocated funds
under subsection (c).
(C) The total acreage, nationally and by re-
covery area, requiring treatment by recovery
projects during the fiscal year using amounts al-
located under subsection (c).
(D) A breakdown of the amounts allocated
to each region of the Forest Service under sub-
section (c).
(3) ADDITIONAL REQUIREMENTS.—After the ini-
tial report required by paragraph (1), each subse-
quent report shall also include the following:
(A) A list, by recovery area, of the recovery
projects selected during the prior fiscal year in-
cluding, for each recovery project, the following:
(i) A description of the management
objectives of the project.
(ii) The total acreage requiring treat-
ment, the estimated cost of preparation and
implementation, and the estimated project
duration.
(iii) The total acreage treated by the
recovery project during the fiscal year.
(iv) The projected economic benefits (if
any) the project will provide to local com-
munities.
(B) A list, by recovery area, of the recovery
projects completed during the prior fiscal year
including, for each recovery project, a compari-
son of the following:
(i) The projected and actual manage-
ment objectives achieved by the project.
(ii) The projected and actual prepara-
tion and implementation costs of the
project.
(iii) The projected and actual economic
benefits to local communities provided by
the project.
(C) An explanation of the following:
(i) Why final decisions on any recov-
ery projects selected during the prior fiscal
year were not rendered within the time-
frame required under subsection (d)(1) and
an accounting of the steps taken by the Sec-
retary relative to the projects pursuant to
the requirements of section 7(d); and
(ii) Why any recovery projects were
not begun, undertaken, or completed as
scheduled.
(D) A description of any additional re-
sources or authorities needed by the Secretary to
implement and carry out the national program
in an efficient and cost-effective manner.
(4) NOTICE OF AVAILABILITY.—The Federal Reg-
ister entry required for each fiscal year under sub-
section (c)(2) shall contain a notice of availability of
the most-recent report to Congress required by this
subsection.
(h) EXCEPTIONS TO AGENCY ACTION.—For purposes
of implementing or carrying out this Act, the following ac-
tivities do not constitute agency action:
(1) The establishment and publication in the
Federal Register of standards and criteria to be used
for the identification of, and the assignment of man-
agement priority rankings to, recovery areas under
subsection (b).
(2) The allocation of amounts from the Forest
Recovery and Protection Fund, the identification and
ranking of recovery areas, and the publication of no-
tice in the Federal Register under subsection (c).
(3) The preparation and submission of the an-
nual reports to Congress under subsection (g) and sec-
tion 6(e).
(i) ADMINISTRATIVE APPEALS.—Section 322 of the
Department of the Interior and Related Agencies Appro-
priations Act, 1993 (Public Law 102–381; 16 U.S.C. 1612
note), shall apply with respect to actions undertaken to im-
plement this Act, including the final decision selecting re-
covery projects, except that the administrative stay required
by subsection (e) of that section shall apply only to the spe-
cific recovery project or projects that are the subject of the
administrative appeal.
SEC. 5. SCIENTIFIC ADVISORY PANEL.
(a) ESTABLISHMENT.—There is established a panel of
scientific advisers to the Secretary to be known as the ‘‘Sci-
entific Advisory Panel’’.
(b) COMPOSITION OF PANEL.—
(1) APPOINTMENT FROM LIST OF EXPERTS.—The
Scientific Advisory Panel shall consist of 11 members
appointed as provided in subsection (c) from a list,
to be prepared by the National Academy of Sciences,
that consists of—
(A) persons with expertise in the natural
sciences who, through the publication of peer-re-
viewed scientific literature have demonstrated ex-
pertise in matters relevant to forest resource
management; and
(B) State foresters (or persons with similar
managerial expertise) who, through the publica-
tion of peer-reviewed scientific literature or other
similar evidence of significant scientific or pro-
fessional accomplishment, have demonstrated ex-
pertise in matters relevant to forest resource
management.
(2) PREPARATION OF LIST.—The National Acad-
emy of Sciences shall prepare the list required by
paragraph (1) not later than 30 days after the date
of the enactment of this Act. In the preparation of the
list, the National Academy of Sciences shall consult
with scientific and professional organizations whose
members have relevant experience in forest resource
management.
(c) APPOINTMENT PROCESS.—The members of the Sci-
entific Advisory Panel shall be selected from the list de-
scribed in subsection (b) as follows:
(1) One member appointed by the Chairman of
the Committee on Agriculture of the House of Rep-
resentatives, in consultation with the ranking minor-
ity member of the Committee.
(2) One member appointed by the Chairman of
the Committee on Resources of the House of Rep-
resentatives, in consultation with the ranking minor-
ity member of the Committee.
(3) One member appointed by the Chairman of
the Committee on Agriculture, Nutrition, and For-
estry of the Senate, in consultation with the ranking
minority member of the Committee.
(4) One member appointed by the Chairman of
the Committee on Energy and Natural Resources of
the Senate, in consultation with the ranking minority
member of the Committee.
(5) Three members appointed by the Secretary.
(6) Four members appointed by the National
Academy of Sciences.
(d) ADMINISTRATIVE MATTERS.—
(1) TIME FOR APPOINTMENT.—Appointments of
members of the Scientific Advisory Panel shall be
made as follows:
(A) The appointment of members under
paragraphs (1) through (4) of subsection (c) shall
be made within 30 days after the date on which
the list described in subsection (b) is first made
available.
(B) The appointment of members under
paragraphs (5) and (6) of subsection (c) shall
begin after the appointments required under
paragraphs (1) through (4) of such subsection
have been made so that the persons making the
appointments under paragraphs (5) and (6) of
such subsection can ensure that the requirement
specified in subsection (e) for a balanced rep-
resentation of scientific disciplines on the Sci-
entific Advisory Panel is satisfied. The appoint-
ments shall be completed within 60 days after
the date on which the list described in subsection
(b) is first made available.
(2) TERM AND VACANCIES.—A member of the
Scientific Advisory Panel shall be appointed for a
term beginning on the date of the appointment and
ending on the implementation date. A vacancy on the
Scientific Advisory Panel shall be filled within 30
days in the manner in which the original appoint-
ment was made.
(3) COMMENCEMENT
OF
ACTIVITY.—The Sci-
entific Advisory Panel may commence its duties
under subsection (f) as soon as at least eight of the
members have been appointed under subsection (c). At
the initial meeting, the members of the Scientific Ad-
visory Panel shall select one member to serve as chair-
person.
(4) CONFLICT
OF
INTERESTS.—A person may
not serve as a member of the Scientific Advisory
Panel if the member has a conflict of interest with re-
gard to any of the duties to be performed by the Sci-
entific Advisory Panel under subsection (f). Decisions
regarding the existence of a conflict of interest shall
be made by the Scientific Advisory Panel.
(e) BALANCED REPRESENTATION OF SCIENTIFIC DIS-
CIPLINES.—The Scientific Advisory Panel shall include at
least one representative of each of the following:
(1) Hydrologist.
(2) Wildlife biologist.
(3) Fisheries biologist.
(4) Entomologist or pathologist.
(5) Fire ecologist.
(6) Silviculturist.
(7) Economist.
(8) Soil scientist.
(9) State forester or person with similar mana-
gerial expertise.
(f) DUTIES IN CONNECTION WITH IMPLEMENTA-
TION.—During the period beginning on the initial meeting
of the Scientific Advisory Panel and ending on the imple-
mentation date, the Scientific Advisory Panel shall be re-
sponsible for the following:
(1) The preparation and submission to the Sec-
retary and the Congress of recommendations regard-
ing the standards and criteria that should be used to
identify recovery areas and rank them in the order in
which they should host recovery projects.
(2) The preparation of and submission to the
Secretary and the Congress of a monitoring plan for
the national program of sufficient duration to deter-
mine the long-term impacts of the national program.
(g) CONSIDERATIONS.—In the development of its rec-
ommendations under subsection (f), the Scientific Advisory
Panel shall—
(1) consult as appropriate with region-specific
scientific experts in forest ecology, hydrology, wildlife
biology, entomology, pathology, soil science, econom-
ics, social sciences, and other appropriate scientific
disciplines;
(2) consider the most current peer-reviewed sci-
entific literature regarding the duties undertaken by
the Panel; and
(3) incorporate information gathered during the
implementation of the advance recovery projects re-
quired under section 6.
(h) ALLOCATION OF FOREST SERVICE PERSONNEL.—
The Forest Service shall allocate administrative support
staff to the Scientific Advisory Panel to assist the Panel
in the performance of its duties as outlined in this section.
(i) FEDERAL ADVISORY COMMITTEE ACT COMPLI-
ANCE.—The Scientific Advisory Panel shall be subject to
sections 10 through 14 of the Federal Advisory Committee
Act (5 U.S.C. App.).
SEC. 6. ADVANCE RECOVERY PROJECTS.
(a) SELECTION OF ADVANCE PROJECTS.—During the
18-month period beginning on the date of the enactment of
this Act, the Secretary shall allocate amounts from the For-
est Recovery and Protection Fund to Forest Service regions
for the purpose of conducting a limited number (as deter-
mined by the Secretary) of advance recovery projects on
Federal forest lands. The regional foresters of the Forest
Service (or the designees of the regional foresters) shall select
the advance recovery projects to be carried out under this
section. However, the selection of an advance recovery
project in a State shall be made in consultation with the
State forester of that State. The Secretary shall publish a
list of selected advance recovery projects (including the de-
terminations required under section 4(e)(1)) in the Federal
Register within the time period specified in subsection (c).
(b) SELECTION CRITERIA.—In selecting advance recov-
ery projects, the regional foresters (and their designees) shall
comply with the requirements of subsections (d)(2) and (e)
of section 4 applicable to the selection of recovery projects
under the national program. Priority shall be given to
projects on those Federal forest lands—
(1) where the Regional Forester (in consultation
with the appropriate State forester) has identified a
significant risk of loss to human life and property or
serious resource degradation or destruction due to
wildfire, disease epidemic, severe insect infestation,
wind, flood, or other causes; or
(2) for which thorough forest resource assess-
ments have been completed, including Federal forest
lands in the Pacific Northwest, the Interior Columbia
Basin, the Sierra Nevada, the Southern Appalachian
Region, and the northern forests of Maine, Vermont,
New Hampshire, and New York.
(c) TIME PERIODS FOR SELECTION AND IMPLEMENTA-
TION.—Final selection of advance recovery projects shall be
completed within the 90-day period beginning on the date
of the enactment of this Act, and the Secretary shall publish
the list of selected advance recovery projects in the Federal
Register by the end of that period. An advance recovery
project shall be initiated (if the project is to be conducted
by Federal employees) or awarded (if the project is to be
conducted by an outside party) within 180 days after the
date of the enactment of this Act.
(d) EFFECT OF FAILURE TO COMPLY WITH TIME PE-
RIODS.—If an advance recovery project is not selected, ini-
tiated, or awarded within the time periods specified in sub-
section (c), the Secretary may not use amounts in the Forest
Recovery and Protection Fund to carry out the project and
shall promptly reimburse the Fund for any expenditures
previously made from the Fund in connection with the
project.
(e) REPORTING REQUIREMENTS.—Not later than the
implementation date, and annually thereafter until comple-
tion of all advance recovery projects, the Secretary shall
submit to Congress a report on the implementation of ad-
vance recovery projects. The report shall consist of a de-
scription of the accomplishments of each advance recovery
project and incorporate the requirements of paragraphs (2)
and (3) of section 4(g).
(f) RULEMAKING.—No new rulemaking is required in
order for the Secretary to carry out this section.
SEC. 7. FOREST RECOVERY AND PROTECTION FUND.
(a) ESTABLISHMENT.—There is established on the
books of the Treasury a fund to be known as the ‘‘Forest
Recovery and Protection Fund’’. The Chief of the Forest
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) Subject to subsection (f), the Federal share of
revenues generated by recovery projects undertaken
pursuant to sections 4 and 6.
(4) Amounts required to be reimbursed to the
Fund under subsection (d).
(c) USE OF FUND.—During the time period specified
under section 8(a), amounts in the Fund shall be available
to the Secretary, without further appropriation, to carry
out the national program, to plan, carry out, and admin-
ister recovery projects under sections 4 and 6 (including
defraying costs incurred by State foresters in the identifica-
tion of advance recovery projects), and to administer the
Scientific Advisory Panel.
(d) EFFECT OF FAILURE TO COMPLY WITH ANNUAL
DEADLINES.—
(1) PROHIBITION ON USE OF FUND.—The Sec-
retary may not use amounts in the Fund—
(A) to allocate monies to regions of the For-
est Service during a fiscal year under subsection
(c)(1) of section 4, if the deadlines specified
under subsection (c)(2) or (g)(1) of such section
are not met for that fiscal year; or
(B) to carry out a recovery project, if the
final decision on the recovery project is not ren-
dered within the time period specified in sub-
section (d)(1) of such section.
(2) FUND REIMBURSEMENT.—If the deadlines re-
ferred to in paragraph (1)(A) are not met for a par-
ticular fiscal year, the Secretary shall promptly reim-
burse the Fund for any expenditures previously made
from the Fund in connection with the allocation of
monies to regions of the Forest Service during that
fiscal year. If the time periods referred to in para-
graph (1)(B) are not met for a particular recovery
project, the Secretary shall promptly reimburse the
Fund for any expenditures previously made to carry
out that recovery project.
(e) LIMITATION ON OVERHEAD EXPENSES.—
(1) OVERHEAD EXPENSES.—The Secretary shall
not allocate or assign overhead expenses to the Fund
or to any of the activities or programs authorized by
sections 4 through 9.
(2) SCIENTIFIC
ADVISORY
PANEL.—The Sec-
retary may allocate up to $1,000,000 from the Fund
to finance the operation of the Scientific Advisory
Panel.
(f) TREATMENT
OF
REVENUES
AS
MONEYS
RE-
CEIVED.—Revenues generated by recovery projects under-
taken pursuant to sections 4 and 6 shall be considered to
be money received for purposes of the sixth paragraph under
the heading ‘‘FOREST SERVICE’’ in the Act of May 23,
1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the
Act of March 1, 1911 (36 Stat. 963; commonly known as
the Weeks Act; 16 U.S.C. 500).
(g) CONFORMING AMENDMENT.—The fourteenth para-
graph under the heading ‘‘FOREST SERVICE’’ of the Act
of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), is amended
by adding at the end the following new sentence: ‘‘During
the term of the Forest Recovery and Protection Fund, as
established by section 7 of the Forest Recovery and Protec-
tion Act of 1998, amounts reserved under the authority of
this paragraph shall be deposited into that Fund.’’.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be nec-
essary to carry out the provisions of this Act for the fiscal
year in which this Act is enacted and each fiscal year there-
after through September 30, 2005, or September 30 of the
fifth full fiscal year following the implementation date,
whichever is later.
(b) DEPOSIT IN FUND.—All sums appropriated pursu-
ant to this section shall be deposited in the Forest Recovery
and Protection Fund.
(c) EFFECT ON EXISTING PROJECTS.—Any contract
regarding a recovery project entered into before the end of
the final 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. 9. AUDIT REQUIREMENTS.
(a) ANNUAL REPORT VERIFICATION.—At the request
of any committee chairman identified in section 5(c), the
Comptroller General shall submit to Congress a report as-
sessing the accuracy of an annual report prepared by the
Secretary pursuant to section 4(g). The Comptroller Gen-
eral’s report shall be completed as soon as practicable fol-
lowing the date of the publication by the Secretary of the
annual report for which the request under this subsection
was made.
(b) NATIONAL PROGRAM AUDIT.—At the request of any
committee chairman identified in section 5(c), the Comp-
troller General shall conduct an audit of the national pro-
gram at the end of the fourth full fiscal year following the
implementation date.
(c) ELEMENTS OF AUDIT.—The audit under subsection
(b) shall include an analysis of the following:
(1) Whether advance recovery projects, the na-
tional program, and the administration of the Forest
Recovery and Protection Fund were carried out in a
manner consistent with the provisions of this Act.
(2) The impact of the advance recovery projects
conducted under section 6 on the development and
implementation of the national program.
(3) The extent to which the recommendations of
the Scientific Advisory Panel were used to develop
and implement the national program.
(4) The current and projected future financial
status of the Forest Recovery and Protection Fund.
(5) Any cost savings or efficiencies achieved
under the national program.
(6) Any other aspect of the implementation of
this Act considered appropriate by the chairman or
chairmen requesting the audit.
SEC. 10. FOREST INVENTORY AND ANALYSIS.
(a) PROGRAM REQUIRED.—The Secretary shall estab-
lish a program to inventory and analyze, in a timely man-
ner, public and private forests in the United States.
(b) ANNUAL STATE INVENTORY.—Subject to subsection
(c), not later than the end of each full fiscal year beginning
after the date of the enactment of this Act, the Secretary
shall prepare for each State, in cooperation with the State
forester for that State, an inventory of the forests in that
State. For purposes of preparing the inventory for a State,
the Secretary shall measure annually 20 percent of all sam-
ple plots that are included in the inventory program for
that State. Upon completion of each annual inventory, the
Secretary shall make available to the public a compilation
of all data collected from the year’s measurements of sample
plots and any analysis of such samples.
(c) MODIFICATIONS.—At the request of the State for-
ester (or equivalent State officer) of a State, the Secretary
may modify for that State the time interval for preparing
forest inventories, the percentage of sample plots to be meas-
ured annually, or the requirements for making data avail-
able to the public required under subsection (b), except that
100 percent of the sample plots in the inventory program
for that State shall be measured, appropriate analysis of
such samples shall be conducted, and corresponding data
shall be compiled during the time intervals described in sub-
section (d).
(d) 5-YEAR REPORTS.—At intervals not greater than
every five full fiscal years after the date of the enactment
of this Act, the Secretary shall prepare, publish, and make
available to the public a report, prepared in cooperation
with State foresters, that—
(1) contains a description of each State inven-
tory of forests, incorporating all sample plot measure-
ments conducted during the five years covered by the
report;
(2) displays and analyzes on a nationwide basis
the results of the State reports required by subsection
(b); and
(3) contains an analysis of forest health condi-
tions and trends over the previous two decades, with
an emphasis on such conditions and trends during
the period subsequent to the immediately preceding
report under this subsection.
(e) NATIONAL STANDARDS AND DEFINITIONS.—To en-
sure uniform and consistent data collection for all public
and private forest ownerships and each State, the Secretary
shall develop, in consultation with State foresters and Fed-
eral land management agencies not within the jurisdiction
of the Secretary, and publish national standards and defi-
nitions to be applied in inventorying and analyzing forests
under this section. The standards shall include a core set
of variables to be measured on all sample plots under sub-
section (b) and a standard set of tables to be included in
the reports under subsection (d).
(f) PROTECTION FOR PRIVATE PROPERTY RIGHTS.—
The Secretary shall obtain written authorization from
property owners prior to collecting data from sample plots
located on private property pursuant to subsections (b) and
(c). Nothing in this section shall be construed to authorize
the Secretary (directly or through the use of State foresters
or other persons) to regulate privately held forest lands, the
use of privately held forest lands, or the resources located
on privately held forest lands.
(g) STRATEGIC PLAN.—Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
prepare and submit to Congress a strategic plan to imple-
ment and carry out this section, including the annual up-
dates required by subsection (b), any modifications made
pursuant to subsection (c), and the reports required by sub-
section (d). The strategic plan shall describe in detail the
following:
(1) The financial resources required to imple-
ment and carry out this section, including the identi-
fication of any resources required in excess of the
amounts provided for forest inventorying and analy-
sis in recent appropriations Acts.
(2) The personnel necessary to implement and
carry out this section, including any personnel in ad-
dition to personnel currently performing inventorying
and analysis functions.
(3) The organization and procedures necessary to
implement and carry out this section, including pro-
posed coordination with Federal land management
agencies and State foresters.
(4) The schedules for annual sample plot meas-
urements in each State inventory required by sub-
section (b), as modified for that State under sub-
section (c), within the first five-year interval after the
date of the enactment of this Act.
(5) The core set of variables to be measured in
each sample plot under subsections (b) and (c) and
the standard set of tables to be used in each State and
national report under subsection (d).
(6) The process for employing, in coordination
with the Department of Energy and the National Aer-
onautics and Space Administration, remote sensing,
global positioning systems, and other advanced tech-
nologies to carry out this section, and the subsequent
use of such technologies.
Amend the title so as to read: ‘‘A bill to address the
destruction and degradation of important forest resources
on Federal lands in the United States through a program
of recovery and protection consistent with the require-
ments of existing public land management and environ-
mental laws, to establish a program to inventory, mon-
itor, and analyze public and private forests, and for other
purposes.’’.