SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Community Protection and Hazardous Fuels Reduction
Act of 1999’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—COMMUNITY PROTECTION AND HAZARDOUS FUELS
REDUCTION
Sec. 101. Findings and purpose.
Sec. 102. Definitions.
Sec. 103. Identification of wildland/urban interface areas.
Sec. 104. Contracting to reduce hazardous fuels buildups and undertake forest
management projects in wildland/urban interface areas.
Sec. 105. Monitoring requirements.
Sec. 106. Reporting requirements.
Sec. 107. Termination of authority.
Sec. 108. Authorization of appropriations.
TITLE II—OTHER MATTERS
Sec. 201. Establishment of forest fire research centers.
TITLE I—COMMUNITY PROTEC-
TION AND HAZARDOUS FUELS
REDUCTION
SEC. 101. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) Management of Federal lands has been
characterized by large cyclical variations in fire sup-
pression policies, timber harvesting levels, and the
attention paid to commodity and noncommodity val-
ues.
(2) Forests on Federal lands are experiencing
significant disease epidemics and insect infestations.
(3) The combination of inconsistent manage-
ment and natural effects has resulted in a hazardous
fuels buildup on Federal lands that threatens cata-
strophic wildfire.
(4) While the long-term effect of catastrophic
wildfire on forests and forest systems is a matter of
debate, there should be no question that forests
must be managed to prevent catastrophic wildfire in
areas of the Federal lands where wildlands abut, or
are located in close proximity to, communities, resi-
dences, and other private and public facilities on
non-Federal lands.
(5) Wildfire resulting from hazardous fuels
buildup in such wildland/urban interface areas
threatens the destruction of communities, puts
human life and property at risk, threatens commu-
nity water supplies with erosion that follows wildfire,
destroys wildlife habitat, and diminishes ambient air
quality.
(6) The Secretary of the Interior and the Sec-
retary of Agriculture must assign a high priority and
undertake aggressive management to reduce the risk
of wildfire in wildland/urban interface areas on Fed-
eral lands through the elimination of hazardous fuels
buildups in such areas. The protection of human life
and property and the protection of water supplies
and ambient air quality in wildland/urban interface
areas must be given the highest priority.
(7) The noncommodity resources of wildland/
urban interface areas on Federal lands, including
such resources as riparian zones and wildlife habi-
tats, which must be protected to provide recreational
opportunities, clean water, and other amenities to
neighboring communities and the public suffer from
a backlog of forest management projects designed to
provide such protection.
(8) In a period of fiscal austerity characterized
by shrinking budgets and personnel levels, Congress
must provide the Secretary of the Interior and the
Secretary of Agriculture with innovative tools to ac-
complish the required reduction in hazardous fuels
buildup and to undertake other forest management
projects in the wildland/urban interface areas on the
Federal lands at the least cost.
(b) PURPOSE.—The purpose of this title is to provide
new authority and innovative tools to the Secretary of the
Interior and the Secretary of Agriculture—
(1) to safeguard communities, lives, and prop-
erty by reducing or eliminating the threat of cata-
strophic wildfire in wildland/urban interface areas on
Federal lands; and
(2) to undertake needed forest management
projects in such areas.
SEC. 102. DEFINITIONS.
As used in this title:
(1) CONGRESSIONAL COMMITTEES.—The term
‘‘congressional committees’’ means the Committee
on Resources and the Committee on Agriculture of
the House of Representatives and the Committee on
Energy and Natural Resources and the Committee
on Agriculture, Nutrition, and Forestry of the Sen-
ate.
(2) ELIGIBLE FOREST PRODUCTS SALE.—The
term ‘‘eligible forest products sale’’ means a sale of
forest products in a wildland/urban interface area
identified under section 103 that is conducted for
the primary purpose of reducing hazardous fuels
buildups in the area and is supplemental to the ex-
isting timber sale program for the Federal lands
containing the area.
(3) FEDERAL
LANDS.—The term ‘‘Federal
lands’’ means—
(A) federally managed lands administered
by the Bureau of Land Management under the
Secretary of the Interior; and
(B) federally managed forest lands created
from the public domain and administered by
the Secretary of Agriculture.
(4) FOREST
MANAGEMENT
PROJECT.—The
term ‘‘forest management project’’ means a project
designed to protect one or more noncommodity re-
sources on or in close proximity to Federal lands.
Such projects may include riparian zone enhance-
ment, habitat improvement, noncommercial haz-
ardous fuels reduction, and soil stabilization or other
water quality improvement project.
(5) FOREST PRODUCT.—The term ‘‘forest prod-
ucts’’ means any tree or tree part that can be used
for a commercial purpose.
(6) FUELS.—The term ‘‘fuels’’ includes forage,
woody debris, duff, needle cast, brush, understory,
ladder fuels, and dead or dying overstory.
(7) HAZARDOUS
FUELS
BUILDUP.—The term
‘‘hazardous fuels buildup’’ means the level of fuels
accumulation on Federal lands at which an ignition,
together with the right combination of weather and
topographic conditions, can result in—
(A) a dangerous exposure of risk to fire-
fighters and the public; or
(B) a high potential to cause risk of loss
to key components that define ecological re-
sources, capital investments, and private prop-
erty.
(8) LAND
MANAGEMENT
PLAN.—The term
‘‘land management plan’’ means the following:
(A) With respect to Federal lands de-
scribed in paragraph (3)(A), a land use plan
prepared by the Bureau of Land Management
pursuant to section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1712), or other multiple-use plan currently in
effect.
(B) With respect to Federal lands de-
scribed in paragraph (3)(B), a land and re-
source management plan (or if no final plan is
in effect, a draft land and resource manage-
ment plan) prepared by the Forest Service pur-
suant to section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16
U.S.C. 1604).
(9) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means—
the use of forest management projects as provided in
section 104.
(b) PUBLIC PARTICIPATION.—At the end of the third
full fiscal year during which contracts are entered into
under section 104, each District Manager of the Bureau
of Land Management and each Forest Supervisor of the
Forest Service shall solicit recommendations from the pub-
lic regarding Federal lands within the jurisdiction of the
District Manager or Forest Supervisor that members of
the public feel qualify for identification as wildland/urban
interface areas and that have hazardous fuels buildups
and other forest management needs that would benefit
from the use of forest management projects as provided
in section 104.
SEC. 104. CONTRACTING TO REDUCE HAZARDOUS FUELS
BUILDUPS AND UNDERTAKE FOREST MAN-
AGEMENT PROJECTS IN WILDLAND/URBAN
INTERFACE AREAS.
(a) CONTRACTING AUTHORITY.—
(1) REDUCTION OF HAZARDOUS FUELS.—The
Secretary concerned is authorized to enter into con-
tracts under this section for the sale of forest prod-
ucts, the primary purpose of which is to reduce haz-
ardous fuels buildups in a wildland/urban interface
area identified under section 103.
(2) INCLUSION
OF
FOREST
MANAGEMENT
PROJECTS.—As a condition of an eligible forest
products sale, the Secretary concerned may require
the purchaser of such products to undertake one or
more forest management projects in the wildland/
urban interface area. The Secretary concerned may
include a forest management project as a condition
in an eligible forest products sale only if the Sec-
retary determines that—
(A) the forest management project is con-
sistent with the applicable land management
plan; and
(B) the objectives of the forest manage-
ment project can be accomplished most cost ef-
ficiently and effectively when the project is per-
formed as part of the sale contract.
(b) 
FINANCING
OF
FOREST
MANAGEMENT
PROJECTS.—
(1) FINANCING THROUGH SALES.—To finance a
forest management project required as a condition of
a contract for an eligible forest products sale under
subsection (a), the Secretary concerned shall include
in the contract a clause that reduces the amount
otherwise required to be paid to the United States
by the purchaser of forest products sold under the
contract. The amount of the reduction shall be de-
termined under paragraph (2) to offset costs in-
curred by the purchaser in carrying out the required
forest management project.
(2) AMOUNT OF REDUCTION OF PAYMENT.—
The amount of the price reduction in paragraph (1)
shall be equal to—
(A) the costs incurred by the purchaser in
carrying out the required forest management
project; minus
(B) any assistance paid to the purchaser
under subsection (c) to cover those costs.
(c) SUPPLEMENTAL FUNDING USING APPROPRIATED
FUNDS.—The Secretary concerned may use appropriated
funds to assist the purchaser of forest products in a con-
tract for an eligible forest products sale to undertake a
forest management project required as a condition of the
contract, if the funds are provided from the resource func-
tion or functions that directly benefit from the perform-
ance of the project and the funds are available from the
annual appropriation for such function or functions during
the fiscal year in which the sale is offered. The amount
of assistance to be provided for each forest management
project shall be included in the prospectus, and published
in the advertisement, for the eligible forest products sale.
(d) DETERMINATION
OF
FOREST
MANAGEMENT
OFFSETS.—Prior to the advertisement of an eligible forest
products sale, the Secretary concerned shall determine the
maximum price reduction to be allowed under subsection
(b) for each forest management project to be required as
a condition of the sale contract. A description of the forest
management project, and the cost of the project that may
be offset against the purchaser’s payment for forest prod-
ucts in the sale, shall be included in the prospectus, and
published in the advertisement, for the sale.
(e) EFFECT
ON
MONEYS
RECEIVED.—Only the
amounts actually paid by a purchaser under a contract
for an eligible forest products sale shall be considered to
be money received for purposes of title II of the Act of
August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181f), the
first section of the Act of May 24, 1939 (53 Stat. 753;
43 U.S.C. 1181f–1), the sixth paragraph under the head-
ing ‘‘FOREST SERVICE’’ in the Act of May 23, 1908
(35 Stat. 260; 16 U.S.C. 500), section 13 of the Act of
March 1, 1911 (36 Stat. 963; commonly known as the
Weeks Act; 16 U.S.C. 500), or other applicable law con-
cerning the distribution of receipts from the sale of forest
products on Federal lands.
(f) LIMITATION
ON AMOUNT
OF OFFSETS.—The
total amount by which purchase payments under contracts
for eligible forest products sales may be reduced under
subsection (b) each fiscal year—
(1) under contracts awarded by the Secretary of
the Interior, may not exceed $20,000,000; and
(2) under contracts awarded by the Secretary of
Agriculture, may not exceed $20,000,000.
SEC. 105. MONITORING REQUIREMENTS.
The Secretary concerned shall monitor the prepara-
tion and offering of contracts for eligible forest products
sales under section 104, and the performance of forest
management projects under the contracts to determine the
effectiveness of the contracts and forest management
projects in achieving the purpose of this title.
SEC. 106. REPORTING REQUIREMENTS.
(a) ANNUAL REPORT.—Not later than 90 days after
the end of each full fiscal year during which contracts are
entered into under section 104, the Secretary concerned
shall submit to the congressional committees a report,
which shall provide for the Federal lands within the juris-
diction of the Secretary concerned the following:
(1) A list of the wildland/urban interface areas
identified on or before February 28 of the previous
fiscal year pursuant to section 103.
(2) A summary of all contracts entered into,
and all forest management projects performed, pur-
suant to section 104 during the preceding fiscal
year.
(3) A discussion of any delays in excess of three
months encountered during the preceding fiscal year,
and likely to occur in the fiscal year in which the re-
port is submitted, in preparing and offering the
sales, and in performing the forest management
projects, pursuant to section 104.
(4) The results of the monitoring required by
section 105 of the contracts authorized, and the for-
est management projects performed, pursuant to
section 104.
(5) Any anticipated problems in the implemen-
tation of this title.
(b) FOUR YEAR REPORT.—The fourth report pre-
pared by the Secretary concerned under subsection (a)
shall contain, in addition to the matters required by sub-
section (a), an assessment by the Secretary concerned re-
garding whether the contracting authority provided in sec-
tion 104 should be reauthorized beyond the period speci-
fied in section 108(a). If the Secretary concerned feels
that reauthorization is warranted, the Secretary shall also
include such recommendations as the Secretary considers
appropriate regarding changes in the authority to better
achieve the purpose of this title.
SEC. 107. TERMINATION OF AUTHORITY.
(a) TERMINATION DATE.—The authority of the Sec-
retary concerned to offer eligible forest products sales
under section 104, and to require the purchasers of such
products to undertake forest management projects as a
condition of such sales, shall terminate at the end of the
five-fiscal year period beginning on the first October 1st
occurring after the date of the enactment of this Act.
(b) EFFECT ON EXISTING SALES.—Any contract for
an eligible forest products sale under section 104 entered
into before the end of the period specified in subsection
(a), and still in effect at the end of such period, shall re-
main in effect after the end of such period pursuant to
the terms of the contract.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of
the first five fiscal years beginning after the date of the
enactment of this Act such sums as may be necessary to
carry out this title.
TITLE II—OTHER MATTERS
SEC. 201. ESTABLISHMENT OF FOREST FIRE RESEARCH
CENTERS.
(a) FINDINGS.—Congress finds the following:
(1) There is an increasing threat of fire to mil-
lions of acres of forestlands and rangelands through-
out the United States.
(2) Today’s forests and rangelands are the con-
sequence of land management practices that have
emphasized the control and prevention of fires.
(3) As a result of these management practices,
forestlands and rangelands in the United States are
no longer naturally functioning ecosystems, and
drought cycles and the invasion of insects and dis-
ease have resulted in vast areas of dead or dying
trees, overstocked stands, and the invasion of unde-
sirable species.
(4) Population movement into wildland/urban
interface areas (as defined in section 102) exacer-
bate the fire danger.
(5) The budgets and resources of local, State,
and Federal entities supporting firefighting efforts
have been stretched to their limits.
(6) Diminishing Federal resources (including
personnel) have limited the ability of Federal fire re-
searchers to respond to management needs, and to
utilize technological advancements for analyzing fire
management costs.
(7) The Federal fire research program is fund-
ed at approximately 1⁄3 of what is required to ad-
dress emerging fire problems.
(8) In light of current fiscal constraints, there
is a critical need for cost-effective investments in im-
proved fire management technologies.
(b) ESTABLISHMENT OF RESEARCH CENTERS.—
(1) ESTABLISHMENT
REQUIRED.—The Sec-
retary of Agriculture shall establish at least two for-
est fire research centers at institutions of higher
education that have expertise in natural resource de-
velopment and are located in close proximity to other
Federal natural resource, forest management, and
land management agencies.
(2) DESIGNATED
LOCATIONS.—Of the forest
fire research centers established pursuant to para-
graph (1), at least one center shall be located in—
(A) Washington, Oregon, California, Idaho,
or Nevada; and
(B) Montana, Wyoming, Colorado, Utah,
Arizona, or New Mexico.
(c) PURPOSE OF RESEARCH CENTERS.—The forest
fire research centers established pursuant to subsection
(b) shall—
(1) conduct integrative, interdisciplinary re-
search into the ecological, socio-economic, and envi-
ronmental impacts of fire control and use in man-
aging ecosystems and landscapes; and
(2) develop mechanisms to rapidly transfer new
fire control and management technologies to fire and
land managers.
(d) ADVISORY COMMITTEE.—The Secretary of Agri-
culture, in consultation with the Secretary of Interior,
shall establish a committee composed of fire and land
managers and fire researchers to determine the areas of
emphasis and establish priorities for research projects con-
ducted at forest fire research centers established pursuant
to subsection (b). The Federal Advisory Committee Act
(5 U.S.C. App.) and title XVIII of the National Agricul-
tural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 2281 et seq.) shall not apply to the com-
mittee.
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