I
107TH CONGRESS
1ST SESSION
H. R. 2119
To establish a program to designate, restore, and sustain historic native
forests on National Forest System lands, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 8, 2001
Mr. SIMPSON introduced the following bill; which was referred to the Com-
mittee on Agriculture, and in addition to the Committee on Resources,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To establish a program to designate, restore, and sustain
historic native forests on National Forest System lands,
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
‘‘National Historic Forests Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions, findings, and policy Statement.
TITLE I—NATIONAL REGISTER OF HISTORIC FORESTS
Sec. 101. Establishment and maintenance of National Register of Historic For-
ests.
Sec. 102. Administration and management of national historic forests.
Sec. 103. Restoration of national historic forests.
Sec. 104. Maintenance of restored national historic forests.
Sec. 105. Forest plan amendments.
Sec. 106. Grants.
Sec. 107. National Historic Forest Restoration Fund.
Sec. 108. Donations.
Sec. 109. Reports and public participation.
TITLE II—ADVISORY COUNCIL ON FOREST RESTORATION
Sec. 201. Establishment.
Sec. 202. Duties.
Sec. 203. Membership.
Sec. 204. Director, general counsel, and staff of Council; experts and consult-
ants.
Sec. 205. Powers of Council.
Sec. 206. Applicability of the Federal Advisory Committee Act.
Sec. 207. Authorization of appropriations.
TITLE III—LOCAL MANAGEMENT ADVISORY COMMITTEES
Sec. 301. Establishment.
Sec. 302. Duties.
Sec. 303. Membership.
Sec. 304. Powers of Committee.
Sec. 305. Applicability of the Federal Advisory Committee Act.
SEC. 2. DEFINITIONS, FINDINGS, AND POLICY STATEMENT.
(a) DEFINITIONS.—In this Act:
(1) 
COMMITTEE.—The 
term 
‘‘Committee’’
means a Local Management Advisory Committee es-
tablished by the Council under section 301.
(2) COUNCIL.—The term ‘‘Council’’ means the
Advisory Council on Forest Restoration established
under section 201.
(3) MANAGEMENT PLAN.—The term ‘‘manage-
ment plan’’ means the management plan required
for a national historic forest by section 102.
(4) NATIONAL
FOREST
SYSTEM.—The term
‘‘National Forest System’’ means all national forest
lands reserved or withdrawn from the public domain
of the United States.
(5) NATIONAL
HISTORIC
FOREST.—The term
‘‘national historic forest’’ means a parcel of National
Forest System lands, or a collection of such parcels,
included on the National Register of Historic For-
ests.
(6) NATIONAL REGISTER.—The term ‘‘National
Register’’ means the National Register of Historic
Forests established and maintained by the Secretary
under section 101.
(7) REFERENCE
NATIVE
FOREST.—The term
‘‘reference native forest’’, with respect to a par-
ticular national historic forest, means the way the
forest appeared at or about the time it was first seen
by Europeans. The Secretary may modify the de-
scription of a reference native forest to account for
advances in knowledge or changes in climate or
other forces of nature.
(8) RESTORATION FUND.—The term ‘‘Restora-
tion Fund’’ means the National Historic Forest Res-
toration Fund.
(9) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Agriculture.
(b) FINDINGS.—The Congress finds the following:
(1) The spirit and direction of the United
States are influenced and reflected in its native for-
ests and cultural heritage.
(2) Native forests in the United States devel-
oped in response to lightning fires and other phys-
ical forces, including thousands of years of steward-
ship and use by America’s native peoples.
(3) Forests significant to the Nation’s natural
and cultural heritage are being lost or substantially
altered due to—
(A) high tree densities;
(B) large and destructive fires, insect in-
festations, and disease outbreaks;
(C) successional replacement of trees and
other plants that require abundant sunlight by
those that grow in shade;
(D) large patch sizes and a low variety of
successional stages in forest mosaics which
make forests more uniform and less diverse;
(E) invasive non-native species; and
(F) development and other influences.
(4) Examples of native forests that are being
lost or substantially altered include:
(A) In the East—
(i) white pine forests, which no longer
cover large areas and contain few trees
that reach the great size of those that ex-
isted at the time of settlement;
(ii) oak-chestnut forests, which are
nearly extinct; and
(iii) hardwood forests (including oak),
which are being replaced by maple.
(B) In the South, longleaf pine savannas,
which had the highest species richness of any
forest in North America and are nearly extinct.
(C) In the Great Plains, the oak-hickory
savanna, which once held early travelers spell-
bound because of its richness and beauty.
(D) In the Inland West—
(i) pin˜on-juniper woodlands, which are
being taken over by juniper;
(ii) ponderosa pine forests, which are
becoming so thick with small trees that
grass and wildflowers can no longer grow
within the forest; and
(iii) aspen forests, which because of
increases in the density of pine and other
conifers are rapidly disappearing as a dis-
tinct forest type throughout their range.
(E) In the Southwest, Douglas-fir forests,
which are being replaced by white fir.
(F) In the northern Rocky Mountains,
lodgepole pine and western larch forests, which
are being replaced by spruce and fir.
(G) 
In 
California 
and 
the 
Pacific
Northwest—
(i) ponderosa pine, giant sequoia, and
mixed-conifer forests, which were once
open and patchy and are being replaced
with thick forests of shorter lived and
smaller white fir;
(ii) open oak woodlands, which used
to spread over vast areas and are being re-
placed with brush and conifers;
(iii) cathedral groves of Douglas-fir,
which are reaching the end of their life ex-
pectancy and are being replaced by less
stately forests of shade tolerant species
such as western hemlock; and
(iv) redwood forests, which are likely
to dwindle in area and be replaced by a
more shade tolerant forest of hemlock, fir,
and bay.
(5) Fire hazards are increasing in many forests
as they grow older and become denser, and these
conditions are placing greater risks on public health,
public safety, and property.
(6) The ecological and cultural heritage of na-
tive forests in the United States should be restored
and sustained as a living part of the country’s his-
tory, community life, and development in order to
give a sense of orientation to the American people.
(7) The restoration and maintenance of this ir-
replaceable forest heritage is in the public interest so
that its legacy of biological, cultural, educational, es-
thetic, inspirational, historical, and economic bene-
fits will be sustained and enriched for future genera-
tions of Americans.
(8) The restoration and maintenance of native
forests in the United States is also in the public in-
terest because it will significantly reduce risks to
public health, safety, and property while enhancing
the economies of local communities.
(9) The present Federal and non-Federal forest
restoration and management programs are inad-
equate to ensure future generations an opportunity
to appreciate and enjoy the rich forest heritage of
the United States.
(10) The increased knowledge of our prehistoric
and historic native forests, the establishment of bet-
ter means of identifying and administering them,
and the encouragement of their restoration and
maintenance will improve the health and diversity of
the Nation’s forests, reduce threats to local commu-
nities from wildfires, greatly improve habitat for
threatened and endangered species, and assist eco-
nomic growth and development.
(11) Although the restoration of forests on non-
Federal land has been carried out by States, local
governments, Indian tribes, and private entities and
individuals, it is nevertheless necessary and appro-
priate for the Forest Service to accelerate its res-
toration programs and activities on National Forest
System lands and to give encouragement to and as-
sist States, local governments, Indian tribes, and
private entities and individuals to expand and accel-
erate their forest restoration programs and activi-
ties.
(c) POLICY.—It shall be the policy of the Federal
Government, in cooperation with other nations and in
partnership with the States, local governments, Indian
tribes, and private entities and individuals, to—
(1) use measures, including financial and tech-
nical assistance, to foster conditions under which
modern society and native forests in the United
States can exist in productive harmony and fulfill
the historical, social, economic, and other needs of
present and future generations;
(2) provide leadership in the restoration and
maintenance of the prehistoric and historic charac-
teristics of native forests of the United States and
the international community and in the administra-
tion of the forest restoration and maintenance pro-
grams;
(3) administer native forests on National Forest
System lands in a spirit of historical stewardship for
the inspiration and benefit of present and future
generations; and
(4) contribute to the restoration and mainte-
nance of non-federally owned native forests and give
encouragement to States, local governments, and
private entities and individuals to undertake, ex-
pand, and accelerate their forest restoration pro-
grams and activities.
TITLE I—NATIONAL REGISTER
OF HISTORIC FORESTS
SEC. 101. ESTABLISHMENT AND MAINTENANCE OF NA-
TIONAL REGISTER OF HISTORIC FORESTS.
(a) REGISTER AUTHORIZED.—The Secretary of Agri-
culture shall establish and maintain a National Register
of Historic Forests consisting of designated National For-
est System lands that are or, after reasonable restoration,
will be representative of prehistoric or historic landscapes
significant in the history and culture of the United States.
(b) CRITERIA FOR INCLUSION OR REMOVAL.—
(1) ESTABLISHMENT.—The Secretary shall es-
tablish (and revise as necessary) the criteria to be
used by the Secretary to include National Forest
System lands on the National Register as a national
historic forest or remove previously designated Na-
tional Forest System lands from the National Reg-
ister.
(2) SUSTAINABILITY.—The Secretary shall give
due consideration to the size and location of a parcel
of National Forest System lands being considered
for inclusion on the National Register to ensure the
long-term ecological and economic sustainability of
the lands.
(c) NOMINATIONS.—The Secretary may accept nomi-
nations for the inclusion on, or removal from, the National
Register of certain National Forest System lands.
(d) PUBLIC NOTICE
AND COMMENT.—When Na-
tional Forest System lands are being considered for inclu-
sion on, or removal from, the National Register, the Sec-
retary shall provide—
(1) notice to the State in which the lands are
located, appropriate local governments, and the gen-
eral public; and
(2) an opportunity for public comment.
(e) ADMINISTRATIVE APPEALS.—The Secretary shall
issue rules providing for the administrative appeal of a
decision of the Secretary to designate a national historic
forest, refuse to include National Forest System lands on
the National Register, or remove designated National For-
est System lands from the National Register.
(f) CONSULTATION WITH COUNCIL.—The Secretary
shall establish and revise the criteria required by sub-
section (b), review nominations received under subsection
(c), and make decisions regarding the inclusion of Na-
tional Forest System lands on, or the removal of such
lands from, the National Register in consultation with the
Advisory Council on Forest Restoration.
(g) MAP AND LEGAL DESCRIPTION.—
(1) PREPARATION.—As soon as practicable
after the designation of a national historic forest,
the Secretary shall prepare a map and legal descrip-
tion of the national historic forest. The map and
legal description shall have the same force and effect
as if included in this Act, except that the Secretary
may correct clerical and typographical errors in the
map and legal description.
(2) SUBMISSION AND AVAILABILITY.—The Sec-
retary shall submit the map and legal description to
the Committee on Agriculture, Nutrition, and For-
estry of the Senate and the Committee on Resources
of the House of Representatives. Each map and
legal description shall also be on file and available
for public inspection in the Office of the Chief of the
Forest Service.
SEC. 102. ADMINISTRATION AND MANAGEMENT OF NA-
TIONAL HISTORIC FORESTS.
(a) ADMINISTRATION.—Subject to valid existing
rights, the Secretary, acting through the Forest Service,
shall administer the national historic forests in accordance
with this Act and rules issued by the Secretary to carry
out this Act.
(b) MANAGEMENT PLAN.—
(1) PREPARATION.—The Committee responsible
for a national historic forest shall prepare a draft
management plan for the restoration and mainte-
nance of the national historic forest. The manage-
ment plan shall be based on documentation of the
reference native forest and shall be consistent with
this Act.
(2) SPECIAL
CONSIDERATION.—The manage-
ment plan for a national historic forest shall give
special consideration to —
(A) protecting human health and safety
and public and private property;
(B) helping sustain the economies of local
communities;
(C) providing recreational access; and
(D) reducing visible signs of management
to the minimum level practicable without im-
pairing the activities required to achieve the
restoration goal.
(3) SUBMISSION AND REVIEW.—The Committee
shall submit the draft management plan to the
Council and the Secretary for review and, subject to
approval by the Secretary, implementation.
(4) 
RELATIONSHIP
TO
ENVIRONMENTAL
LAWS.—Nothing in this section exempts the develop-
ment or implementation of a management plan from
any Federal environmental law.
(c) APPROVAL, REVISION, SUSPENSION, REVOCA-
TION.—
(1) RESPONSIBILITIES
OF
SECRETARY.—The
Secretary may approve for implementation a draft
management plan for a national historic forest, re-
vise a management plan as a condition on approval
or after approval, or suspend or revoke a manage-
ment plan after approval, as necessary to satisfy the
policy specified in section 2(c).
(2) MANAGEMENT EVALUATION.—Not less than
once every four years after the designation of a na-
tional historic forest, the Secretary shall evaluate the
management of the national historic forest to deter-
mine whether the restoration and management of
the forest is consistent with the approved manage-
ment plan and in compliance with this Act.
(3) EFFECT OF NONCOMPLIANCE.—If, at any
time, the Secretary determines that a major aspect
of the management plan for a national historic for-
est is not consistent with this Act, or that restora-
tion and management activities are being carried out
contrary to the management plan, the Secretary
shall—
(A) revoke the management plan, including
any contracts or cooperative agreements entered
into under the management plan;
(B) suspend in whole or in part the man-
agement plan, including any contracts or coop-
erative agreements entered into under the man-
agement plan, until the plan or activities are
consistent with this Act; or
(C) take such steps as are necessary to en-
sure that the management plan and restoration
and management activities under the plan are
once again consistent with this Act within a
reasonable period of time.
(4) 
OVERSIGHT
METHODS.—The 
Secretary
shall establish oversight methods that, while ensur-
ing the consistency and quality of management
plans, do not impose undue review burdens on the
Forest Service.
(d) FISCAL AUDITS.—The Secretary may conduct
periodic fiscal audits of restoration and management ac-
tivities carried out under an approved management plan
as needed and shall ensure that such activities meet appli-
cable accountability standards.
(e) CONSULTATION WITH COUNCIL.—The Secretary
shall carry out this section in consultation with the Coun-
cil.
SEC. 103. RESTORATION OF NATIONAL HISTORIC FORESTS.
(a) RESTORATION GOAL.—The goal of restoration is
to restore and sustain, to the extent practicable, a national
historic forest to a condition that simulates or resembles
the structure and function of the reference native forest
while also serving society’s contemporary need for forest
products and services.
(b) SPECIAL CONSIDERATIONS.—In attempting to
achieve the restoration goal for a national historic forest,
special consideration shall be given to ensuring the ecologi-
cal and economic sustainability of a restored forest, main-
taining native biological diversity, controlling or reducing
or eliminating invasive nonnative species, maintaining soil
productivity, and improving water quality.
(c) ROLE OF LOCAL COMMITTEE.—The Local Com-
mittee for a national historic forest shall assist the Sec-
retary in documenting the reference native forest and in
monitoring and assessing the effectiveness of restoration,
based on—
(1) the relative proportions of patches of vege-
tation in various stages of development that formed
the reference native forest mosaic;
(2) the sizes, shapes, structures, and orienta-
tion of vegetation patches on the landscape;
(3) the composition, ages, sizes, and density of
plants and standing and fallen dead trees within
patches; and
(4) the composition and populations of native
wildlife that depended on the reference native forest
mosaic.
(d) USE OF COST-EFFECTIVE RESTORATION METH-
ODS.—The restoration of a national historic forest shall
be conducted with the most cost-effective methods avail-
able, including timber harvesting, reintroduction or control
of plant and animal species, planting, precommercial and
commercial thinning, grazing, prescribed burning, control
or suppression of fire, or, where appropriate and effective,
temporary or permanent protection.
SEC. 104. MAINTENANCE OF RESTORED NATIONAL HIS-
TORIC FORESTS.
(a) COST-EFFECTIVE MANAGEMENT.—When the ini-
tial restoration of a national historic forest is achieved,
the Forest Service shall use the most cost-effective meth-
ods available to mimic the natural and cultural historical
processes that created and sustained the reference native
forest including timber harvesting, control of plant and
animal species, planting, precommercial and commercial
thinning, grazing, prescribed burning, control or suppres-
sion of fire, or, where appropriate and effective, temporary
or permanent protection.
(b) ROLE OF NATURAL FOREST DISTURBANCES.—
When the Secretary considers it to be safe, effective, and
ecologically and economically acceptable, management to
sustain a restored national historic forest should accom-
modate the effects of natural disturbances, such as wind,
lightning fires, and insect and disease infestations.
SEC. 105. FOREST PLAN AMENDMENTS.
(a) 
CORRESPONDING
FOREST
PLAN
AMEND-
MENTS.—Within two years after the designation of a na-
tional historic forest, the Secretary shall initiate the proc-
ess to amend or revise the land and resource management
plan for the unit of the National Forest System encom-
passing the national historic forest—
(1) to incorporate the national historic forest
and its approved management plan; and
(2) to make other changes warranted by the
analyses conducted in compliance with section
102(2) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)), section 6 of the Forest
and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604), and other applicable
laws.
(b) REVIEW OF FOREST THREATS.—At least once
every four years, the Secretary shall review significant
threats to national historic forests and National Forest
System lands, not yet designated as a national historic for-
est but appropriate for inclusion on the National Register,
to —
(1) determine the kinds of threats to these for-
ests and lands and the severity of these threats;
(2) ascertain the causes of the threats; and
(3) develop and submit to the Congress rec-
ommendations for appropriate action.
(c) CONSULTATION WITH COUNCIL.—The Secretary
shall carry out this section in consultation with the Coun-
cil.
SEC. 106. GRANTS.
(a) GRANTS AUTHORIZED.—The Secretary shall ad-
minister a program of matching or direct grants to States,
local governments, Indian tribes, and private entities and
individuals for the purposes of carrying out this Act,
including—
(1) the establishment and conduct of education,
training, and technical assistance programs in forest
restoration;
(2) the distribution of forest restoration infor-
mation and technologies; and
(3) the support for research, analysis, conserva-
tion, curation, demonstration projects, interpreta-
tion, and display related to forest restoration.
(b) SPECIAL ROLE FOR INDIAN TRIBES.—The Sec-
retary, in consultation with the Council, may enter into
an agreement with an Indian tribe to permit traditional
land use and management practices in a national historic
forest that the Secretary determines will help to restore
the national historic forest, or sustain the restored na-
tional historic forest, so long as the traditional land use
and management practices were part of the history of the
reference native forest, are consistent with the approved
management plan, and otherwise further the policy speci-
fied in section 2(c).
(c) RULES.—No grant may be made or agreement
entered into under this section unless—
(1) an application therefore is submitted to the
Secretary in such form and containing such informa-
tion as the Secretary may require; and
(2) the grantee agrees to make such reports, in
such form and containing such information, as the
Secretary may require, and complies with such other
terms and conditions as the Secretary may require.
SEC. 107. NATIONAL HISTORIC FOREST RESTORATION
FUND.
(a) ESTABLISHMENT.—There is established on the
books of the Treasury an account to be known as the Na-
tional Historic Forest Restoration Fund.
(b) CREDITS TO RESTORATION FUND.—There shall
be credited to the Restoration Fund the following:
(1) Revenues due and payable to the United
States under the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.), in the following amounts:
(A) $25,000,000 for fiscal year 2002.
(B) $50,000,000 for fiscal year 2003.
(C) $100,000,000 for each of fiscal years
2004 through 2010.
(2) If revenues from the source described in
paragraph (1) are insufficient, given other require-
ments on the deposit and use of such revenues, the
difference shall be derived from amounts paid into
the Treasury under section 35 the Act of February
25, 1920 (30 U.S.C. 191; commonly known as the
Mineral Leasing Act).
(3) Amounts appropriated to the Restoration
Fund.
(4) Revenues generated from the sale of goods
and services produced on national historic forests.
(5) Donations received under section 108.
(c) USE OF RESTORATION FUND.—In such amounts
as provided in appropriation Acts, the Secretary shall use
the Restoration Fund to carry out this title. Amounts ap-
propriated shall remain available until expended.
(d) OVERHEAD.—The Secretary shall seek to ensure
that of the amounts made available to carry out this Act
for a fiscal year, not more than 12 percent is used or allo-
cated for general administration or other overhead by the
Department of Agriculture.
SEC. 108. DONATIONS.
(a) ACCEPTANCE.—In furtherance of this Act, the
Secretary may accept the donation of funds for deposit
in the Restoration Fund.
(b) USE
OF DONATIONS.—In expending donated
funds, the Secretary shall give due consideration to the
expressed intentions of the donor. Donated funds obli-
gated under section 106 as grants may be made available
without regard to any matching requirement imposed by
the Secretary under such section.
SEC. 109. REPORTS AND PUBLIC PARTICIPATION.
(a) IMPLEMENTATION REPORT.—Not later than one
year after the date of the enactment of this Act, the Sec-
retary shall submit to the Congress a report describing
the manner in which National Forest System lands are
being included on the National Register or determined to
be eligible for inclusion on the National Register, including
the appropriateness of the criteria used in determining
such eligibility and the effect, if any, of inclusion of lands
on the National Register.
(b) PUBLIC PARTICIPATION.—In preparing the re-
port, the Secretary shall consult with, and consider the
views and comments of other Federal agencies, as well as
interested individuals and public and private organiza-
tions, and shall include representative comments received
as an appendix to the report.
TITLE II—ADVISORY COUNCIL
ON FOREST RESTORATION
SEC. 201. ESTABLISHMENT.
There is established a council to be known as the
‘‘Advisory Council on Forest Restoration’’.
SEC. 202. DUTIES.
(a) ADVISORY FUNCTIONS.—
(1) RECOMMENDATIONS TO THE SECRETARY.—
The Council shall advise and make recommendations
to the Secretary regarding—
(A) the designation of National Historic
Forests;
(B) the restoration of National Historic
Forests;
(C) the review and approval or disapproval
of management plans prepared by any Com-
mittee under section 302(a)(3);
(D) methods to coordinate the activities of
Federal, State, and local agencies and private
persons relating to forest restoration;
(E) research, practices, and information
dissemination related to forest restoration;
(F) the need for, and implementation of,
studies related to forest restoration activities
(including studies related to the adequacy of
legislation and regulations related to forest res-
toration); and
(G) the development of guidelines to assist
State and local governments in drafting legisla-
tion related to forest restoration.
(2) RECOMMENDATIONS
TO
OTHER
FEDERAL
AGENCIES.—The Council shall review the policies
and programs of other Federal agencies related to
forest restoration, and shall recommend to such
agencies methods to coordinate such policies and
programs with the policies and programs carried out
under this act to improve the overall effectiveness of
such policies and programs.
(b) SUBMISSION OF REPORTS.—
(1) ANNUAL REPORTS.—The Council shall sub-
mit annually a report to the Secretary and the Con-
gress. The report shall contain a detailed statement
regarding each of the following:
(A) The activities of the Council.
(B) The results of any studies conducted
by the Council.
(C) The effectiveness of the programs con-
ducted under this Act.
(D) Any current or emerging problems re-
garding forest restoration.
(E) Any recommendations for legislation or
administrative actions that the Council con-
siders appropriate.
(F) Any actions by the Council to obtain
comments on, or review of, such recommenda-
tions by any officer, agency, or department of
the United States.
(2) INTERIM REPORTS.—The Council may sub-
mit interim reports to the Secretary and the Con-
gress as the Council considers appropriate.
(3) AUTHORITY OF OTHER AGENCIES TO RE-
VIEW.—No officer, agency, or department of the
United States shall have any authority to require the
Council to submit any report or to reveal the con-
tents of any report (including any recommendations
for legislation or administrative actions) to any offi-
cer, agency, or department of the United States be-
fore the Council submits such report to the Sec-
retary and the Congress under paragraph (1) or (2).
(c) EDUCATIONAL FUNCTIONS.—The Council shall
conduct appropriate programs to inform and educate—
(1) the public, in cooperation with appropriate
public and private agencies and institutions, regard-
ing forest restoration, opportunities to participate in
forest restoration, and training and educational op-
portunities in the field of forest restoration; and
(2) Federal departments and agencies, State
and local governments, Indian tribes, foreign na-
tions, and private persons regarding the activities of
the Council.
(d) SUBMISSION OF BUDGET.—
(1) TIME OF SUBMISSION.—The Council shall
submit its budget annually as a related agency of
the Department of Agriculture.
(2) NOTIFICATION
OF
CONGRESS.—Whenever
the Council submits any budget estimate or request
to the Secretary or the Office of Management and
Budget, it shall concurrently transmit copies of that
estimate or request to Congress.
SEC. 203. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Council shall
be composed of 9 members, who represent a broad range
of interests, as follows:
(1) The Under Secretary for Natural Resources
and Environment of the Department of Agriculture
(or the Under Secretary’s delegate).
(2) The Chief of the Forest Service (or the
Chief’s delegate).
(3) 2 individuals appointed by the Secretary
who are not employees of the Federal Government
and who have a knowledge of, or interest in, Na-
tional Historic Forests.
(4) 2 individuals appointed by the Secretary
who are not employees of the Federal Government
and who are specially qualified to serve on the Coun-
cil by virtue of their education, training, or experi-
ence in the field of forest restoration.
(5) 2 individuals appointed by the Secretary
who are not employees of the Federal Government
and who have forest management experience.
(6) 1 individual appointed by the Secretary who
is not an employee of the Federal Government and
who will represent the views of Indian tribes.
(b) CONTINUATION OF MEMBERSHIP.—If a member
was appointed to the Council because the member was not
an employee of the Federal Government and later becomes
an employee of the Government, that member may con-
tinue as a member for not longer than the 60-day period
beginning on the date that the member becomes such an
employee.
(c) TERMS.—
(1) IN
GENERAL.—Each member appointed
under paragraphs (3) through (6) of subsection (a)
shall be appointed for a term of 4 years, except as
otherwise provided in this subsection. Members of
the Council may be reappointed.
(2) INITIAL
APPOINTMENTS.—The Secretary
shall make initial appointments under this section
not later than 180 days after the date of the enact-
ment of this Act. As designated by the Secretary at
the time of appointment, of the members first
appointed—
(A) 2 members shall be appointed for
terms of 3 years;
(B) 2 members shall be appointed for
terms of 2 years; and
(C) 1 member shall be appointed for a
term of 1 year.
(3) VACANCIES.—A member may serve after
the expiration of that member’s term until a suc-
cessor has taken office. A vacancy in the Council
shall not affect the powers of the Council, shall be
filled not later than 60 days after the vacancy com-
mences, and shall be filled in the manner in which
the original appointment was made. Any member ap-
pointed to fill a vacancy occurring before the expira-
tion of the term for which the member’s predecessor
was appointed shall be appointed only for the re-
mainder of that term.
(d) CHAIRPERSON; VICE CHAIRPERSON.—The Chair-
person and Vice Chairperson of the Council shall be des-
ignated by the Secretary from among the members ap-
pointed under paragraphs (3) through (6) of subsection
(a) at the time of such appointment. The Vice Chairperson
may act in place of the Chairperson during the absence
or disability of the Chairperson or when the office of
Chairperson is vacant.
(e) MEETINGS.—The Council shall meet at the call
of the Chairperson or upon the written request of a major-
ity of its members, but shall meet not less than annually.
(f) QUORUM.—7 members of the Council shall con-
stitute a quorum, but a lesser number may hold hearings.
(g) COMPENSATION AND REIMBURSEMENT.—
(1) IN GENERAL.—To the extent provided in
advance in appropriation Acts and except as pro-
vided in paragraph (2), members of the Council shall
each be entitled to receive $200 for each day (in-
cluding travel time) during which they are engaged
in the actual performance of duties vested in the
Council.
(2) PROHIBITION OF COMPENSATION OF FED-
ERAL
EMPLOYEES.—Members of the Council who
are full-time officers or employees of the United
States may not receive additional pay, allowances, or
benefits by reason of their service on the Council.
(3) TRAVEL
EXPENSES.—Each member shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United
States Code.
SEC. 204. DIRECTOR, GENERAL COUNSEL, AND STAFF OF
COUNCIL; EXPERTS AND CONSULTANTS.
(a) DIRECTOR.—The Council shall have a Director
who shall be appointed by the Chairperson with the con-
currence of the Council and the Secretary. The Director
shall report to the Council and shall perform such func-
tions and duties as the Council shall prescribe.
(b) GENERAL COUNSEL.—The Council shall have a
General Counsel who shall be appointed by the Director.
The General Counsel shall report to the Director and shall
provide such legal functions and duties as the Council
shall prescribe.
(c) STAFF.—The Director may appoint not more
than 3 additional employees of the Council as are nec-
essary to perform the functions of the Council.
(d) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The Director, General Counsel, and staff of the
Council shall be appointed subject to the provisions of title
5, United States Code, governing appointments in the
competitive service, and shall be paid in accordance with
the provisions of chapter 51 and subchapter III of chapter
53 of such title, relating to classification and General
Schedule pay rates.
(e) EXPERTS
AND CONSULTANTS.—The Director
may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
(f) STAFF OF FEDERAL AGENCIES.—Upon request
of the Director, the head of any Federal department or
agency may detail, on a reimbursable basis, any of the
personnel of that department or agency to the Council to
assist it in carrying out its duties under this Act.
SEC. 205. POWERS OF COUNCIL.
(a) HEARINGS AND SESSIONS.—The Council may, for
the purposes of carrying out this Act, hold hearings, sit
and act at times and places, take testimony, and receive
evidence as the Council considers appropriate.
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Council may, if authorized by the
Council, take any action which the Council is authorized
to take by this section.
(c) OBTAINING OFFICIAL DATA.—
(1) IN GENERAL.—The Council may secure di-
rectly from any department or agency of the United
States information necessary to enable it to carry
out this Act. Upon request of the Chairperson, the
head of that department or agency shall furnish that
information to the Council.
(2) REPORTS FROM THE SECRETARY.—To as-
sist the Council in carrying out this Act, the Sec-
retary, at the request of the Chairperson, shall pro-
vide a report to the Council which describes in
detail—
(A) the significance of any National Forest
System lands nominated for inclusion on the
National Register;
(B) the anticipated effects of any proposed
undertaking on National Forest System lands
nominated for, or on, the National Register;
and
(C) any recommendations of the Secretary
regarding measures to avoid, minimize, or miti-
gate any adverse effects on such lands.
(d) GIFTS, BEQUESTS, AND DEVISES.—To the
extent provided in advance in appropriation Acts,
the Council may accept, use, and dispose of gifts, be-
quests, or devises of services or property, both real
and personal, for the purpose of aiding the work of
the Council.
(e) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Council, the Secretary of
Agriculture shall provide to the Council, on a reim-
bursable basis, the administrative support services
(including services related to budgeting, accounting,
financial reporting, personnel and procurement) nec-
essary for the Council to carry out its responsibil-
ities under this Act.
(f) CONTRACT AUTHORITY.—To the extent pro-
vided in advance in appropriation Acts, the Council
may contract with and compensate government and
private agencies or persons for supplies and services
necessary for the Council to carry out its responsibil-
ities under this Act.
SEC. 206. APPLICABILITY OF THE FEDERAL ADVISORY
COMMITTEE ACT.
The Federal Advisory Committee Act shall not apply
to the Council.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $500,000 for
the fiscal years 2002 through 2010 to carry out this title.
TITLE III—LOCAL MANAGEMENT
ADVISORY COMMITTEES
SEC. 301. ESTABLISHMENT.
The Council, in consultation with the Secretary, shall
establish such number of committees, as it may from time
to time determine to be appropriate. Each such committee
shall be established to carry out the purposes of this title
with respect to 1 or more national historic forests. Each
such committee shall be known as the ‘‘Local Management
Advisory Committee’’ for such national historic forests.
SEC. 302. DUTIES.
(a) IN GENERAL.—Each Committee, with respect to
each of the 1 or more national historic forests for which
the Committee was established, shall—
(1) recommend to the Secretary and the Coun-
cil National Forest System lands, which are geo-
graphically proximate to such national historic for-
ests and which the Committee considers appropriate
to list on the National Register;
(2) document and describe the relevant ref-
erence forest;
(3) prepare management plans consistent with
the requirements of section 102;
(4) monitor and assess the effectiveness of res-
toration activities;
(5) conduct any studies necessary to carry out
the duties of the Committee described in paragraphs
(1) through (4);
(6) advise the Council regarding forest restora-
tion practices, assessments, and information dissemi-
nation;
(7) encourage public interest and participation
in forest restoration; and
(8) inform and educate appropriate State and
local governments, Indian tribes, and private persons
regarding the activities of the Committee.
(b) CONSULTATION.—In carrying out its duties
under subsection (a), each Committee shall consult with
appropriate Federal and State officials, businesses,
loggers, professional foresters, scientists, Native Ameri-
cans, land owners, and other knowledgeable persons.
(c) REPORTS.—
(1) ANNUAL REPORTS.—Each Committee shall
submit annually to the Council a report that con-
tains a detailed and comprehensive description of the
activities of the Committee and of the results of any
studies conducted by the Committee under sub-
section (a)(5).
(2) INTERIM REPORTS.—
(A) VOLUNTARY.—Except as provided in
subparagraph (B), each Committee may submit
interim reports to the Council as the Committee
considers appropriate.
(B) MANDATORY.—Each Committee shall
submit interim reports to the Council at the re-
quest of the Council.
SEC. 303. MEMBERSHIP.
(a) COMPOSITION OF COMMITTEES.—
(1) IN
GENERAL.—Each Committee shall be
composed of a number of members, who represent a
broad range of interests, as follows:
(A) 1 forester in the Forest Service.
(B) 1 employee of the Forest Service who
is specially qualified to serve on the Committee
by virtue of his education, training, or experi-
ence in the field of forest restoration.
(C) 1 individual who is not an employee of
the Federal Government and who is specially
qualified to serve on the Committee by virtue of
his education, training, or experience regarding
Native American culture and subsistence prac-
tices.
(D) 1 individual who is not an employee of
the Federal Government and who is specially
qualified to serve on the Committee by virtue of
his education, training, or experience in the
field of forest restoration.
(E) 2 individuals who are not employees of
the Federal Government and who have forest
management experience.
(F) 1 individual who is not an employee of
the Federal Government and who will represent
the views of local governments.
(G) 1 individual who is not an employee of
the Federal Government, who has a knowledge
of, or interest in, National Historic Forests,
and who, if the Council determines it to be ap-
propriate, may be a member of an appropriate
Indian tribe and may represent the views of
such tribe.
(H) the State forester (or the State for-
ester’s delegate) of each State in which the 1 or
more national historic forests for which the
Committee was established are located.
(2) COMMITTEE SPECIFIC CRITERIA.—Members
of each Committee shall be selected from among in-
dividuals who are most familiar with the 1 or more
national historic forests for which the Committee
was established, and with the local communities,
conditions, and forest types relevant to such forests.
(b) APPOINTMENT AUTHORITY.—
(1) IN GENERAL.—Appointments under para-
graphs (A) through (G) of subsection (a)(1) shall be
made by the Council in consultation with the Sec-
retary.
(2) EMPLOYEES OF THE FOREST SERVICE.—
Appointments made under subparagraphs (A) and
(B) of subsection (a)(1) shall be made in consulta-
tion with the Secretary and the Chief of the Forest
Service.
(c) CONTINUATION OF MEMBERSHIP.—If a member
was appointed to a Committee because the member was
employed as a forester in the Forest Service or because
the member was employed in the Forest Service and later
ceases to be so employed, or was appointed to a Committee
because the member was not an employee of the Federal
Government and later becomes an employee of the Govern-
ment, that member may continue as a member for not
longer than the 60-day period beginning on the date that
the member ceases to be so employed or becomes an em-
ployee of the Government, as the case may be.
(d) TERMS.—
(1) IN GENERAL.—Each member shall serve at
the pleasure of the Council.
(2) VACANCIES.—A vacancy in any Committee
shall not affect the powers of the Committee, shall
be filled not later than 60 days after the vacancy
commences, and shall be filled in the manner in
which the original appointment was made.
(e) CHAIRPERSON; VICE CHAIRPERSON.—The Chair-
person and Vice Chairperson of each Committee shall be
designated by the Council, in consultation with the Sec-
retary, from among the members appointed under sub-
paragraphs (C) through (G) of subsection (a)(1) at the
time of such appointment. The Vice Chairperson may act
in place of the Chairperson during the absence or dis-
ability of the Chairperson or the when the office of Chair-
person is vacant.
(f) MEETINGS.—Each Committee shall meet at the
call of its Chairperson or upon the written request of a
majority of its members, but shall meet not less than an-
nually.
(g) QUORUM.—7 members of a Committee shall con-
stitute a quorum, but a lesser number may hold hearings.
(h) NONCOMPENSATION AND REIMBURSEMENT.—
(1) NONCOMPENSATION.—Each member shall
serve without pay.
(2) TRAVEL
EXPENSES.—Each member shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United
States Code.
SEC. 304. POWERS OF COMMITTEE.
(a) HEARINGS
AND SESSIONS.—Each committee
may, for the purposes of carrying out this Act, hold hear-
ings, sit and act at times and places, take testimony, and
receive evidence as the Committee considers appropriate.
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of any Committee may, if authorized by the
Committee, take any action which the Committee is au-
thorized to take by this section.
(c) OBTAINING OFFICIAL DATA.—Each Committee,
in consultation with the Council, may secure from any de-
partment or agency of the United States information nec-
essary to enable it to carry out this Act. Upon request
of the Chairperson of the Committee, the head of that de-
partment or agency shall furnish that information to the
Committee.
(d) GIFTS, BEQUESTS, AND DEVISES.—To the extent
provided in advance in appropriation Acts, each Com-
mittee may accept, use, and dispose of gifts, bequests, or
devises of services or property, both real and personal, for
the purpose of aiding the work of the Committee.
(e) PROVISION OF FACILITIES, SUPPLIES, AND SERV-
ICES.—Upon the request of any Committee, the Secretary
shall provide to the Committee, on a reimbursable basis,
such facilities, supplies, and services as are necessary for
the Committee to carry out its responsibilities under this
Act.
SEC. 305. APPLICABILITY OF THE FEDERAL ADVISORY
COMMITTEE ACT.
The Federal Advisory Committee Act shall not apply
to any Committee.
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