I
107TH CONGRESS
2D SESSION
H. R. 4911
To require the Secretary of Agriculture to conduct a wildland-urban restora-
tion charter forest demonstration project in the Pike and San Isabel
National Forests and Cimarron and Comanche National Grasslands to
increase community involvement in decisionmaking regarding the man-
agement of those forests and grasslands, to evaluate the feasibility of
using a predecisional review process for projects conducted as part of
the demonstration project, to provide stewardship contracting authority
as part of the demonstration project, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 11, 2002
Mr. TANCREDO introduced the following bill; which was referred to the
Committee on Resources
A BILL
To require the Secretary of Agriculture to conduct a
wildland-urban restoration charter forest demonstration
project in the Pike and San Isabel National Forests
and Cimarron and Comanche National Grasslands to
increase community involvement in decisionmaking re-
garding the management of those forests and grasslands,
to evaluate the feasibility of using a predecisional review
process for projects conducted as part of the demonstra-
tion project, to provide stewardship contracting authority
as part of the demonstration project, and for other pur-
poses.
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
‘‘Pike and San Isabel Restoration 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. Wildland-urban restoration charter forest demonstration project for Pike
and San Isabel National Forests and Cimarron and Comanche
National Grasslands.
Sec. 4. Independent scientific review and monitoring.
Sec. 5. Community management council.
Sec. 6. Relation to National Environmental Policy Act of 1969.
Sec. 7. Predecisional review process for demonstration project.
Sec. 8. Stewardship contracting authority.
Sec. 9. Retention and use of receipts.
Sec. 10. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) The terms ‘‘wildland-urban restoration
charter forest demonstration project’’ and ‘‘dem-
onstration project’’ mean the demonstration project
required by this Act for covered National Forest
System lands in the State of Colorado.
(2) The terms ‘‘community management coun-
cil’’ and ‘‘council’’ mean the community manage-
ment council appointed under section 5.
(3) The term ‘‘covered National Forest System
lands’’ means the Pike and San Isabel National For-
ests and the Cimarron and Comanche National
Grasslands.
(4) The terms ‘‘independent scientific panel’’
and ‘‘panel’’ mean the panel assembled by the Sec-
retary under section 4.
(5) The term ‘‘Secretary’’ means the Secretary
of Agriculture, acting through the Chief of the For-
est Service.
SEC. 3. WILDLAND-URBAN RESTORATION CHARTER FOR-
EST DEMONSTRATION PROJECT FOR PIKE
AND SAN ISABEL NATIONAL FORESTS AND
CIMARRON 
AND 
COMANCHE 
NATIONAL
GRASSLANDS.
(a) DEMONSTRATION
PROJECT
REQUIRED.—The
Secretary of Agriculture, acting through the Chief of the
Forest Service, shall conduct a wildland-urban restoration
charter forest demonstration project for the Pike and San
Isabel National Forests and Cimarron and Comanche Na-
tional Grasslands for the purpose of increasing community
involvement in decisionmaking regarding the management
of the covered National Forest System lands and evalu-
ating various methods, described in this Act, to improve
the management and health of the covered National For-
est System lands.
(b) 
COMMENCEMENT
OF
DEMONSTRATION
PROJECT.—The Secretary shall commence the demonstra-
tion project as soon as practicable after the submission
of the initial report of the independent scientific panel
under section 4.
(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 under 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 covered National Forest System lands
under all of the laws and regulations governing occupancy,
use, and management of the National Forest System.
SEC. 4. INDEPENDENT SCIENTIFIC REVIEW AND MONI-
TORING.
(a) REVIEW
OF ECOLOGICAL, SOCIAL, AND ECO-
NOMIC SUSTAINABILITY.—
(1) INITIAL REVIEW.—The Secretary shall as-
semble an independent scientific panel to conduct an
assessment, using accepted measures and indicators,
of the ecological, social, and economic sustainability
of the covered National Forest System lands, taking
into consideration such factors as forest health, sus-
ceptibility to catastrophic fire, biological diversity,
and economic productivity of the covered National
Forest System lands.
(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) SUBSEQUENT MONITORING OF DEMONSTRATION
PROJECT.—
(1) MONITORING PLAN.—The panel shall pre-
pare a monitoring plan to be used to track the im-
plementation of the wildland-urban restoration char-
ter forest demonstration project.
(2) REVISED REVIEW.—At the end of the first
five years of the demonstration project and upon the
completion of the demonstration project, the panel
shall revise the assessment conducted under sub-
section (a) and resubmit it to the Secretary and to
Congress.
(3) EFFECTS
OF
CHARTER
PROJECT.—Using
the information collected from the monitoring plan,
the panel shall include in each revised assessment an
evaluation of the positive and negative impacts of
the demonstration project on changes in the ecologi-
cal, social, and economic sustainability and suscepti-
bility to catastrophic wildfire of the covered National
Forest System lands.
SEC. 5. COMMUNITY MANAGEMENT COUNCIL.
(a) ESTABLISHMENT
AND PURPOSES.—The Sec-
retary shall establish a community management council as
part of the wildland-urban restoration charter forest dem-
onstration project for the purpose of—
(1) advising the Secretary and the supervisor of
the covered National Forest System lands on the
broad array of environmental, economic, and social
issues related to the management, occupancy, and
use of the covered National Forest System lands;
(2) assisting in the development of binding pri-
orities for management activities, including haz-
ardous fuels reduction, watershed protection, disease
and invasive species treatment and control; and
(3) assisting the Secretary in the development
of the programmatic environmental impact state-
ment and consideration of proposed projects and ac-
tivities under section 6.
(b) APPOINTMENT
AND MEMBERS.—The council
shall consist of 13 members, appointed by the Secretary
as follows:
(1) Five members appointed from nominations
provided by the Governor of Colorado.
(2) Four members appointed from nominations
provided by the senior Senator from Colorado.
(3) Four members appointed from nominations
provided by the junior Senator from Colorado.
(c) QUALIFICATIONS.—The members of the council
should be appointed from communities in close proximity
to the covered National Forest System lands and rep-
resent a broad range of interests, including conservation
interests, commodity and forest products interests, and
the interests of county and municipal governments in the
area. Members should have a demonstrated ability to con-
structively work toward beneficial solutions with a diverse
range of interests on complex land management issues.
(d) FOREST SUPERVISOR.—The Supervisor of the
covered National Forest System lands shall serve as an
ex officio member of the council.
(e) VACANCIES.—Vacancies on the council shall be
filled in the same manner as the original appointment.
(f) COMPENSATION.—Members of the council who are
not Federal employees shall serve without compensation.
(g) 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. 6. RELATION TO NATIONAL ENVIRONMENTAL POLICY
ACT OF 1969.
(a) 
PROGRAMMATIC
ENVIRONMENTAL
IMPACT
STATEMENT.—
(1) PREPARATION.—Not later than 60 days
after the appointment of all of the members to the
community management council, the Secretary shall
begin to develop a programmatic environmental im-
pact statement pursuant to the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
to establish the wildland-urban restoration charter
forest demonstration project.
(2) ROLE OF COUNCIL.—The Secretary shall
prepare the programmatic environmental impact
statement, and any amendment thereto, with the ad-
vice and cooperation of the council.
(b) CONTENT.—The programmatic environmental
impact statement for the demonstration project shall ad-
dress the following:
(1) Land and resource management goals and
objectives for the covered National Forest System
lands, including desired landscape conditions and
management outcomes and outputs, to be realized
during the term of the demonstration project, and at
various intervals thereof.
(2) Standards and guidelines for achieving the
land and resource management goals and objectives.
(3) A monitoring plan to ensure that project
level activities are consistent with the land and re-
source management goals and objectives and related
standards and guidelines.
(c) LEGAL REQUIREMENTS.—In preparing the pro-
grammatic environmental impact statement, the Secretary
shall comply with all applicable Federal environmental
statutes and their implementing regulations, including the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.).
Upon establishment, the Secretary shall carry out only
those projects and activities on the covered National For-
est System lands that are consistent with the requirements
of this Act and the programmatic environmental impact
statement.
(d) ADOPTION.—The programmatic environmental
impact statement shall be considered as operative upon the
approval of the Secretary and the majority of the members
of the council.
(e) EFFECT OF ADOPTION.—
(1) CONSISTENT PROJECTS AND ACTIVITIES.—
If the Secretary determines that a proposed project
or activity under the demonstration project is con-
sistent with the requirements of this Act and the
programmatic environmental impact statement, the
Secretary shall not be required to do additional anal-
ysis under the National Environmental Policy Act of
1969 with regard to the project or activity notwith-
standing other regulations, policies, and other ad-
ministrative directives.
(2) INCONSISTENT
PROJECTS
AND
ACTIVI-
TIES.—If the Secretary determines that a proposed
project or activity under the demonstration project is
not consistent with the requirements of this Act and
the programmatic environmental impact statement,
the Secretary may not approve the proposed project
or activity unless—
(A) the project or activity is revised so as
to be compatible with the programmatic envi-
ronmental impact statement; or
(B) the programmatic environmental im-
pact statement is amended, consistent with the
National Environmental Policy Act of 1969 and
the Forest and Rangeland Renewable Resources
Planning Act of 1974, so that the project or ac-
tivity is compatible with the amended pro-
grammatic environmental impact statement.
(f) CHALLENGE.—
(1) AUTHORITY TO FILE.—If an individual or
entity that meets the standing requirements nec-
essary to challenge a determination of the Secretary
under subsection (e) disagrees with the Secretary’s
determination regarding the compatibility of an
project or activity with the programmatic environ-
mental impact statement, the person may file a
predecisional objection under section 7 with the Sec-
retary.
(2) RESPONSE.—If the Secretary, after con-
sultation with the council, agrees with the appellant
that the project or activity is not incompatible with
the programmatic environmental impact statement,
the Secretary may not conduct the project or activity
unless—
(A) the project or activity is revised, as
provided in subsection (e)(2)(A); or
(B) the programmatic environmental im-
pact statement is amended, as provided in sub-
section (e)(2)(B).
SEC. 7. 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 wildland-urban restoration
charter forest demonstration project in connection with
site-specific projects for the covered National Forest Sys-
tem lands.
(b) RELATION
TO
REQUIRED
ENVIRONMENTAL
ANALYSIS.—Subject to section 6, the predecisional review
process shall not be construed to alter or waive any envi-
ronmental analysis otherwise required as part of the plan-
ning or implementation of a project for the covered Na-
tional Forest System lands.
(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 specific 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 any
proposed decision responding to an unexpected or serious
event that would provide relief from hazards threatening
human health, property, and safety, natural resources, or
to provide for rehabilitation and recovery of forest re-
sources, from the predecisional review rules prescribed
under this section.
(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 of a
management activity under the demonstration project, the
official or administrative entity responsible for the review
or the court with jurisdiction over litigation resulting from
the review shall give deference to the expert judgment of
the Secretary in identifying and interpreting the scientific
data that is the basis for the activity.
(g) RELATION TO FOREST SERVICE DECISION MAK-
ING AND APPEALS REFORM.—Section 322 of the Depart-
ment of the Interior and Related Agencies Appropriations
Act, 1993 (Public Law 102–381; 16 U.S.C. 1612 note),
shall not apply to activities conducted under the dem-
onstration project.
SEC. 8. STEWARDSHIP CONTRACTING AUTHORITY.
(a) USE OF EXISTING DEMONSTRATION AUTHOR-
ITY.—During the term of the wildland-urban restoration
charter forest demonstration project, the Secretary may
enter into stewardship and end result contracts for the
covered National Forest System lands in accordance with
section 347 of the Department of the Interior and Related
Agencies Appropriations Act, 1999 (as contained in sec-
tion 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 stewardship and end result contracts
authorized under such section 347, section 338 of the De-
partment of the Interior and Related Agencies Appropria-
tions Act, 2001 (Public Law 106–291; 16 U.S.C. 2104
note), or any other provision of law.
SEC. 9. RETENTION AND USE OF RECEIPTS.
(a) RETENTION.—During the term of the wildland-
urban restoration charter forest demonstration project,
the Secretary shall retain the monetary proceeds from
commercial timber sales, special use permit fees, and all
other receipts derived from the covered National Forest
System lands and any funds appropriated with respect to
the covered National Forest System lands. Such receipts
and funds shall not be subject to overhead assessments.
(b) USE.—The Secretary shall use the funds for
projects for the covered National Forest System lands,
with priority placed on projects related to forest health,
restoration, watershed protection, hazardous fuels reduc-
tion, and disease and invasive species control.
(c) ROLE OF COUNCIL.—The Secretary shall consult
with the council in selecting projects under this section.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Sec-
retary $1,000,000 for each of the fiscal years 2003
through 2005 to implement this Act.
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