Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘National Forest Health Act’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Forest health emergencies.
Sec. 5. Forest health improvement programs.
Sec. 6. Forest health improvement projects.
Sec. 7. Analysis and review of projects.
Sec. 8. Administrative and judicial review.
Sec. 9. Lands excluded from treatment under a program.
Sec. 10. Annual forest health report.
Sec. 11. National Commission on Wildfire Disasters.
Sec. 12. Authorization of appropriations.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) Forest health emergencies currently exist on
many Federal forest lands that—
(A) have substantial areas of dead and
dying trees as a result of drought, insect infes-
tations, disease, fire, windstorm, or other
causes; or
(B) are at high risk of extreme damage
from drought, insect infestations, disease, fire,
or windstorm as a result of forest conditions
that are outside the natural range of variability
for the forest site involved.
(2) There are many complex causes for these
forest health emergencies, including historic and re-
cent forest management methods, fire suppression
policies, forest-type changes, and climate trends,
such as the prolonged drought of the 1980’s and the
exceptionally severe drought experienced in 1992.
(3) When forest health emergencies exist and
are allowed to spread, substantial economic losses
are sustained by Federal, State, and local govern-
ments and individuals through the loss of timber,
watershed quality and performance, recreational op-
portunities, and fishery and wildlife habitat.
(4) Federal forest lands subject to a forest
health emergency, if properly thinned or otherwise
treated to reduce unnatural levels of dry fuel, will
have a better chance of resisting insect and disease
epidemics, as well as being able to tolerate both pre-
scribed fire and occasional wildfires.
(5) The removal of dead, dying, and excess live
trees on Federal forest lands subject to a forest
health emergency, if done expeditiously and with
sensitivity to the need to retain some dead wood to
help provide stand structure for multi-resource val-
ues, can begin the forest health restoration process,
retain the commercial value of timber, provide jobs
and economic activity in forest-related communities,
produce revenues for the local, State, and Federal
governments, and help assure long-term forest
health and productivity.
(6) The current programs of the Federal land
management agencies are not able to respond rap-
idly and fully enough to meet the greatly increasing
forest health emergencies occurring on many Federal
forest lands, and an expedited forest health improve-
ment program, over a period of several years, is es-
sential in order to restore forest health, reduce the
risk of disaster wildfires, prevent future forest health
emergencies, assure a healthy and productive forest
that can be sustained in the future, and reduce the
risk of financial loss to the United States Treasury,
State and local governments, and private citizens.
(7) In the case of many of these forest health
emergencies, a long-term concerted effort will be re-
quired to control a forest health emergency, correct
unhealthy conditions, and monitor future progress
once desired conditions are achieved.
(8) The Bureau of Land Management of the
Department of Interior has no statutory provisions
or procedures for the maintenance of forest health
on Federal forest lands under the its jurisdiction,
and such provisions are necessary to authorize the
Bureau of Land Management to expend receipts
from the sale of salvage timber or other salvaged
forest products for the purpose of restoring and
maintaining future forest health on such lands.
(b) PURPOSES.—The purposes of this Act are—
(1) to provide a mechanism by which the Forest
Service and the Bureau of Land Management can
expeditiously address forest health emergencies ex-
isting on Federal forest lands and carry out an ac-
celerated forest health improvement program for
these forests;
(2) to encourage accelerated forest management
actions that improve the health of Federal forest
lands subject to a forest health emergency and en-
hance the ability to manage these forests as thriving
ecosystems to serve a wide range of future uses;
(3) to provide flexibility during a forest health
emergency to combine timber sale, salvage sale, tim-
ber stand improvement, reforestation, fuels manage-
ment, insect and disease control, and other author-
ized activities into coordinated forest health improve-
ment projects that carry out both product and non-
product related management actions focused on im-
proving forest health and creating resilient, produc-
tive forest ecosystems;
(4) to establish expedited review and decision
making on the management actions needed to imple-
ment a forest health improvement program in a
manner consistent with applicable forest manage-
ment plans and in compliance with the National En-
vironmental Policy Act of 1969 (42 U.S.C. 43211 et
seq.), the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), the Clean Water Act (33
U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C.
7401 et seq.), and other environmental laws;
(5) to broaden the study and reporting mandate
of the National Commission on Wildfire Disasters
and improve the funding for the Commission; and
(6) to provide for an annual report from the
Secretary of Agriculture and the Secretary of Inte-
rior to the Congress on the health of the nation’s
forests, including information about the progress of
addressing the serious health problems of those Fed-
eral forest lands subject to a forest health emer-
gency.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Federal forest lands’’ means—
(A) those lands included in the National
Forest System (as defined in section 11(a) of
the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)); and
(B) the public lands (as defined in section
103(e) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1702(e)).
(2) The term ‘‘Secretary concerned’’ means—
(A) the Secretary of Agriculture, in the
case of Federal forest lands described in para-
graph (1)(A); and
(B) the Secretary of the Interior, in the
case of Federal forest lands described in para-
graph (1)(B).
(3) The term ‘‘Federal land management agen-
cy’’ means—
(A) the Forest Service, in the case of Fed-
eral forest lands described in paragraph (1)(A);
and
(B) the Bureau of Land Management, in
the case of Federal forest lands described in
paragraph (1)(B).
(4) 
The 
term 
‘‘disaster 
wildfire’’ 
means
wildfires that, because of size, location, difficulty of
control, watershed sensitivity, or other characteris-
tics, pose a significant threat to human life or devel-
opment in or near Federal forest lands or threaten
long-term sustainability of healthy forest stands.
(5) The term ‘‘forest health’’ means the condi-
tion of the forest in terms of its capacity to tolerate
natural and human influences (such as insects, dis-
eases, atmospheric deposition, silvicultural practices,
harvesting practices, and wildfire) within the natural
range of variability for the ecological system involved
and the desired range of ecological variability for the
land use in and around the forest unit.
(6) The term ‘‘program’’ means a forest health
improvement program prepared by a Federal land
management agency under section 5.
(7) The term ‘‘project’’ means a forest health
improvement project developed under section 6.
(8) 
The 
term 
‘‘land 
management 
plan’’
means—
(A) a land and resource management plan
prepared by the Forest Service pursuant to sec-
tion 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C.
1604) for Federal forest lands described in
paragraph (1)(A) or, if a final plan is not in ef-
fect, the draft final plan for such lands; or
(B) a land use plan prepared by the Bu-
reau of Land Management pursuant to section
202 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1712), or other
plan currently in effect, for Federal forest lands
described in paragraph (1)(B).
(9) The term ‘‘pest’’ means any organism
whose presence at current or foreseeable population
levels threatens the potential for restoration or
maintenance of acceptable forest health conditions.
SEC. 4. FOREST HEALTH EMERGENCIES.
(a) DECLARATION OF EMERGENCY FOR LANDS SUB-
JECT
TO UNACCEPTABLE HEALTH CONDITIONS.—The
Secretary concerned may declare a forest health emer-
gency to exist with respect to a unit or portion of a unit
of Federal forest lands if the Secretary concerned finds
that at least one of the following unacceptable forest
health conditions exist on such lands:
(1) Forests on such lands have experienced sub-
stantial disturbances, such as disaster wildfires or
pest epidemics, that have caused total or near-total
stand mortality, but timely restoration work would
speed up the landscape’s ability to initiate an early
seral-stage forest within the natural or desired range
of variability, while inaction would result in further
environmental degradation, such as soil erosion or
stream damage, or an unacceptable period of time
for regeneration and the related succession of plant
and animal communities native or adapted to the
site.
(2) Forest structure, function, or composition
on such lands has been altered outside of the natural
or desired range of variability for the forest system
involved, due to a combination of human and natural
factors, and management intervention is necessary
to reduce the risk of pest epidemics that would ex-
ploit the unnatural forest conditions.
(3) Significant economic and ecosystem values
or components are being lost or are at risk of being
lost on such lands due to increased potential of dis-
aster wildfire, pest invasion, or other natural or cul-
tural process.
(b) CONSULTATION WITH GOVERNOR AND PUBLIC
COMMENT.—
(1) CONSULTATION.—Before declaring a forest
health emergency under subsection (a), the Sec-
retary concerned shall consult with the Governor of
each State in which Federal forest lands proposed to
be subject to the declaration are situated.
(2) PUBLIC NOTICE.—The Secretary concerned
shall provide public notice whenever Federal forest
lands are proposed to be subject to a declaration of
a forest health emergency under subsection (a). The
notice shall identify the Federal forest lands involved
and provide the reasons for the declaration.
(c) DURATION OF EMERGENCY.—A declaration of a
forest health emergency under subsection (a) shall expire
at the end of the five-year period beginning on the date
of the declaration. The Secretary concerned may establish
a shorter period for the duration of a declaration of a for-
est health emergency with respect to all or a portion of
the Federal forest lands subject to the declaration after
taking into consideration—
(1) the estimated number of years that forest
improvement will be required in order to restore
processes and conditions favorable to forest health;
(2) existing and predicted constraints in Fed-
eral budgets, local labor or other capacity, or other
factors that may establish limits as to how fast the
treatment program can restore forest health; and
(3) existing or predicted conditions that could
create natural forces that would either mitigate or
accelerate the deterioration of forest health condi-
tions in the forest.
(d) CANCELLATION
OR
EXTENSION
OF
EMER-
GENCY.—
(1) CANCELLATION.—The Secretary concerned
may cancel a declaration of a forest health emer-
gency made under subsection (a) if the Secretary de-
termines that the conditions creating the original
forest health emergency have been mitigated, either
by natural events or as a result of management and
treatment.
(2) EXTENSION.—If the Secretary concerned
determines that unacceptable forest health condi-
tions on Federal forest lands persist for any reason
after the expiration of a forest health emergency
with respect to those lands, the Secretary may rees-
tablish a forest health emergency in the manner pro-
vided in this section.
(e) INCLUSION OF OTHER LANDS.—
(1) NON-FEDERAL LANDS.—At the request of
the Governor of the affected State, the Secretary of
Agriculture may include non-Federal lands within
the area subject to a declaration of a forest health
emergency made by the Secretary of Agriculture
under subsection (a). Non-Federal lands subject to
such a declaration shall be eligible to receive such
federal assistance for forest health improvement as
the Secretary of Agriculture may develop using the
combined authorities available in the State and Pri-
vate Cooperative Forestry Program.
(2) OTHER FEDERAL LANDS.—At the request
of the head of a Federal agency, the Secretary of
Agriculture may include Federal lands administered
by that agency within the area subject to a declara-
tion of a forest health emergency made by the Sec-
retary of Agriculture under subsection (a).
SEC. 5. FOREST HEALTH IMPROVEMENT PROGRAMS.
(a) PROGRAM DEVELOPMENT.—Upon the declaration
by the Secretary concerned of a forest health emergency
under section (4)(a), the responsible Federal land manage-
ment agency shall develop a forest health improvement
program designed to restore the forest health of the forest
lands subject to the declaration.
(b) PROGRAM CONTENT.—
(1) IN GENERAL.—A forest health improvement
program shall be based upon an assessment of forest
health conditions of the forest lands subject to the
declaration of a forest health emergency. The pro-
gram shall contain—
(A) a scientific description of the forest
health conditions for the forest units involved,
an assessment of how such conditions relate to
the natural and desired range of forest health
conditions for such sites, and the forest health
restoration objectives and general treatment
prescriptions that may be needed to restore for-
est health;
(B) identification of areas where current
conditions pose a high risk of future forest
health problems, and the preventive treatment
prescriptions that are recommended to reduce
the risk of unacceptable future forest health
conditions on these sites; and
(C) a description of the technical and cost-
sharing assistance to non-Federal land owners
that the Secretary of Agriculture has deter-
mined are available to assist non-Federal own-
ers in restoring forest health on non-Federal
lands; and
(D) a monitoring component sufficient to
indicate whether the effects of treatment are as
expected and whether desired results of the pro-
gram are being achieved during the implemen-
tation of such program.
(2) RESULTS OF MONITORING COMPONENT.—
The results and reports from the monitoring compo-
nent required under paragraph (1)(D) shall be made
available to the public through the Forest Super-
visor’s office or administrative unit office of the Bu-
reau of Land Management involved. The Secretary
of Agriculture shall also include the results and re-
ports from the monitoring component in the forest
health report prepared annually under section 10.
(c) SCIENTIFIC INPUT AND PUBLIC COMMENT.—
(1) SCIENTIFIC INPUT.—The responsible Fed-
eral land management agency shall solicit the input
of scientific experts knowledgeable about the
ecosystems in the area covered by the forest health
emergency to assist in developing the forest health
improvement program. These experts may include
representatives of private institutions and State and
Federal agencies with research, resource manage-
ment or regulatory responsibilities in the area cov-
ered by the forest health emergency. Comments and
input from outside agencies, institutions, and indi-
viduals shall be made available in a timely manner
by the responsible Federal agency for public review.
(2) PUBLIC
COMMENT.—During the develop-
ment of a program under subsection (a), the respon-
sible Federal land management agency shall provide
a 60-day period for interested persons to submit
written data, views, or arguments with respect to the
proposed program.
(d) REVIEW FOR CONSISTENCY WITH LAND MAN-
AGEMENT PLAN.—If a proposed program, or a portion of
the program, is not consistent with the long-term manage-
ment goals and objectives of the applicable land manage-
ment plan, but otherwise complies with the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), the Clean
Water Act (33 U.S.C. 1251 et seq.), the Clean Air Act
(42 U.S.C. 7401 et seq.), and other applicable laws, the
Secretary concerned shall propose the program or the in-
consistent portion of the program as the basis for an
amendment to the applicable land management plan in ac-
cordance with section 6(f)(4) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(f)(4)) or section 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712), whichever ap-
plies. Any such amendment shall not constitute a revision
under section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604) or sec-
tion 202 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1712).
(e) MODIFICATION OF PROGRAM.—The Federal land
management agency responsible for a program may mod-
ify the program in light of changes in the forest health
of the Federal forest lands subject to the program. Any
modification of a program shall be subject to subsections
(c) and (d).
SEC. 6. FOREST HEALTH IMPROVEMENT PROJECTS.
(a) PROJECT DEVELOPMENT.—
(1) PROJECTS
REQUIRED.—Upon the imple-
mentation of a program developed under section 5
for Federal forest lands, the Secretary concerned
shall design and implement forest health improve-
ment projects for such lands consistent with the ap-
plicable program. The projects shall constitute man-
agement decisions for the Federal forest lands cov-
ered by the project.
(2) PROJECT PURPOSES.—Each project shall be
designed to address specific site conditions with the
combination of management practices, treatment,
and protection needed to restore the forest back to
a condition of acceptable forest health.
(3) ROLE OF SALES.—The sale of timber, bio-
mass, or other products may occur as part of a
project in order to help achieve the forest health
goals of the project and to produce revenues to as-
sist in supporting the cost of any non-commercial
work needed to achieve the desired condition in the
forest. However, sale volumes and revenues from a
project shall be secondary to the primary consider-
ation of taking the necessary steps to enhance or re-
store a healthy forest ecosystem. In cases in which
the harvest of live trees is included as part of a
project, the Secretary concerned shall explicitly ex-
plain the reasons why such harvest will further the
forest health purposes of this Act.
(b) MULTI-YEAR
CONTRACTS.—In implementing
projects, the Secretary concerned may enter into multi-
year contracts, including service contracts, for cultural
treatments of forest stands to achieve a defined forest
health objective if the Secretary considers such a contract
to be advantageous to the Federal Government.
(c) FUNDING OF FOREST SERVICE PROJECTS.—The
Secretary of Agriculture may use amounts in the salvage
sale fund authorized by section 14(h) of the National For-
est Management Act of 1976 (16 U.S.C. 472a(h)) and in
the fund established under the Act of June 9, 1930 (16
U.S.C. 576 et seq.)(commonly known as the Knutson-Van-
denberg Act) to carry out projects developed by the Sec-
retary of Agriculture under subsection (a), including both
product and non-product related cultural treatments.
Funds derived from the sale of any products resulting
from a project on Federal forest lands described in section
3(1)(A) shall, after any payment to a State that may be
required under the Act of May 23, 1908, and section 13
of the Act of March 1, 1911 (16 U.S.C. 500), be deposited
in the salvage sale fund and used in the implementation
of forest health projects on Federal forest lands described
in section 3(1)(A).
(d) ESTABLISHMENT
OF
BLM REHABILITATION
FUND.—
(1) ESTABLISHMENT.—The Secretary of the In-
terior shall establish a special fund from the Federal
share of moneys received from the disposal of sal-
vage forest products or timber from Federal forest
lands described in section 3(1)(B) pursuant to the
Act of August 28, 1937 (Chapter 876, 50 Stat. 874;
43 U.S.C. 1181a et seq.), the Act of May 24, 1939
(Chapter 144, 53 Stat. 1181f–1 et seq.), the Act of
July 31, 1947 (30 U.S.C. 601 et seq.), or this Act.
(2) USE OF FUND.—Amounts in the fund es-
tablished under paragraph (1) shall be available to
the Secretary of the Interior, without further appro-
priation, for—
(A) planning and preparing salvage timber
for disposal;
(B) the administration of timber sales pur-
suant to this Act or other applicable law;
(C) subsequent site preparation, reforest-
ation, and forest development activities required
on the rehabilitated site; and
(D) 
activities 
prescribed 
to 
maintain
healthy forest ecosystems, such as controlled
burning, site preparation, tree planting, protec-
tion of seedlings from animal and other envi-
ronmental elements, release from competing
vegetation, and precommercial thinning.
(e) MULTI-RESOURCE ELEMENTS.—The Secretary
concerned shall include multiple-resource elements within
projects developed under subsection (a) so that recreation,
wildlife, watershed restoration, and other forest values are
given appropriate consideration in efforts to restore forest
health.
(f) EFFECT
ON PROJECTS UNDERTAKEN UNDER
OTHER LAWS.—Nothing in this Act shall be construed as
preventing or limiting the Secretary concerned from un-
dertaking any forest management project, including a tim-
ber sale, salvage timber sale, prescribed burning, timber
stand improvement, or insect or disease control, whether
located within or outside of Federal forest lands to which
a declaration of emergency made pursuant to section 4(a)
or a program prepared pursuant to section 5(a) applies,
if such project is authorized by a law other than this Act.