SEC. 6. AMENDMENT OF NATIONAL INDIAN FOREST RE-
SOURCES MANAGEMENT ACT RELATING TO
INDIAN LANDS.
Section 305 of the National Indian Forest Resources
Management Act (25 U.S.C. 4535) is amended by adding
at the end the following new subsections:
‘‘(c) CONSERVATION
OF NATIVE BIODIVERSITY.—
Regardless of any other provision in this Act, in each
stand and each watershed throughout each stand that is
managed or operated for timber purposes in each forested
area on Indian lands except during the extraction stage
of authorized mineral development or during authorized
construction projects in which events the Secretary shall
conserve native biodiversity to the extent possible.
‘‘(d) RESTRICTION ON USE OF CERTAIN LOGGING
PRACTICES.—(1) In each stand and watershed throughout
each forested area, the Secretary shall prohibit any even-
age logging and any even-age management after the date
of enactment of this subsection.
‘‘(2) On each site already under even-age manage-
ment, the Secretary shall (A) prescribe a shift to selection
management within one year, or (B) cease managing for
timber 
purposes 
and 
actively 
restore 
the 
native
biodiversity, or permit each site to regain its native
biodiversity.
‘‘(3) For the purposes of this section:
‘‘(A) The term ‘native biodiversity’ means the
full range of variety and variability within and
among living organisms and the ecological complexes
in which they would have occurred in the absence of
significant human impact, and encompasses diversity
within a species (genetic or species), within a com-
munity of species (within-community), between com-
munities of species (between-communities), within a
total area such as a watershed (total area), along a
plane from ground to sky (vertical), and along the
plane of the earth-surface (horizontal). Vertical and
horizontal diversity apply to all the other aspects of
diversity.
‘‘(B) The terms ‘conserve’ and ‘conservation’
refer to protective measures for maintaining existing
native biological diversity and active and passive
measures for restoring diversity through manage-
ment efforts, in order to protect, restore, and en-
hance as much of the variety of species and commu-
nities as possible in abundances and distributions
that provide for their continued existence and nor-
mal functioning, including the viability of popu-
lations throughout their natural geographic distribu-
tions.
‘‘(C) The term ‘within-community diversity’
means the distinctive assemblages of species and ec-
ological processes that occur in different physical
settings of the biosphere and distinct parts of the
world.
‘‘(D) The term ‘genetic diversity’ means the dif-
ferences in genetic composition within and among
populations of a given species.
‘‘(E) The term ‘species diversity’ means the
richness and variety of native species in a particular
location of the world.
‘‘(F) The term ‘group selection’ means a form
of selection management that emphasizes the peri-
odic removal of trees, including mature, undesirable,
and cull trees in small groups, where they occur that
way, with a result of (i) creating openings not to ex-
ceed in width in any direction the height of the tall-
est tree standing within 10 feet outside the edge of
the group cut, and (ii) maintaining different age
groups in a given stand. In no event will more than
30 percent of the basal area of a stand be felled
within 40 years. The foregoing limitation shall not
be deemed to establish a 100-year projected felling
age as the standard at which individual trees in a
stand are to be cut, nor shall native biodiversity be
limited to that which occurs within the context of a
100-year projected felling age.
‘‘(G) The term ‘stand’ means a biological com-
munity with enough identity by location, topography,
or dominant species to be managed as a unit, not to
exceed 100 acres.
‘‘(H) The term ‘clearcutting’ means the logging
of more than one-half of the commercial trees in a
patch larger than a group defined in subparagraph
(F) or in a stand of any size in a short period of
time.
‘‘(I) The term ‘even-age management’ means
the growing of commercial timber so that all trees
in a patch or stand are generally within 10 years of
the same age. Except for designated leave trees, or
clumps of trees, the patch or stand is logged, com-
pletely in any acre within a period of 30 years, by
clearcutting, salvage logging, seed-tree cutting or
shelterwood cutting, or any system other than selec-
tion management.
‘‘(J) The term ‘salvage logging’ means the fell-
ing or further damaging, within any 30-year period,
of a greater basal area than 20 square feet per acre
of dead, damaged, or other trees, or any combination
of such trees.
‘‘(K) The term ‘seed-tree cut’ means an even-
age logging operation that leaves a small minority of
seed trees in a stand for any period of time.
‘‘(L) The term ‘selection management’ means
the application of logging and other actions needed
to maintain continuous high forest cover where such
cover naturally occurs, recurring natural regenera-
tion of all native species on the site, and the orderly
growth and development of trees through a range of
diameter or age classes to provide a sustained yield
of forest products. Cutting methods that develop and
maintain selection stands are individual-tree and
group selection. A goal of selection is improvement
of quality by continuously harvesting trees less likely
to contribute to the long-range health of the stand.
‘‘(M) The term ‘shelterwood cut’ means an
even-aged logging operation that leaves a minority
(larger than in a seed-tree cut) of the stand as a
seed source or protection cover remaining standing
for any period of time.
‘‘(N) The term ‘timber purposes’ shall include
the use, sale, lease, or distribution of trees, or the
felling of trees or portions of trees except to create
land space for a structure or other use.
‘‘(4)(A)(i) The purpose of this paragraph is to foster
the widest possible enforcement of subsection (c) and this
subsection.
‘‘(ii) Congress finds that all people of the United
States are injured by actions on lands to which subsection
(c) and this subsection apply.
‘‘(B) The provisions of subsection (c) and this sub-
section shall be enforced by the Secretary of the Interior
and the Attorney General of the United States against any
person who violates either of them.
‘‘(C)(i) Any citizen harmed by a violation of this Act
may enforce any provision of subsection (c) and this sub-
section by bringing an action for declaratory judgment,
temporary restraining order, injunction, civil penalty, and
other remedies against any alleged violator including the
United States, in any district court of the United States.
‘‘(ii) The court, after determining a violation of either
of such subsections shall impose a penalty of not less than
$5,000 and not more than $50,000 per violation, shall
issue one or more injunctions and other equitable relief
and shall award to the plaintiffs reasonable costs of litiga-
tion including attorney’s fees, witness fees and other nec-
essary expenses.