‘‘(iii) The standard of proof in all actions brought
under this subparagraph shall be the preponderance of the
evidence and the trial shall be de novo.
‘‘(D) The penalty authorized by subparagraph (C)(ii)
shall be paid by the violator or violators designated by the
court. If that violator is the United States of America or
a Federal agency or officer, the penalty shall be paid to
the Judgment Fund, as provided by Congress under sec-
tion 1304 of title 31, United States Code.
‘‘(E) The penalty should be paid from the Judgment
Fund within 40 days after judgment to the person or per-
sons designated to receive it, to be applied in protecting
or restoring native biodiversity in or adjoining Federal
land. Any award of costs of litigation and any award of
attorney fees shall be paid within 40 days after judgment.
‘‘(F) The United States, including its agents and em-
ployees waives its sovereign immunity in all respects in
all actions under subsection (c) and this subsection. No
notice is required to enforce this subsection.’’.
SEC. 7. AMENDMENT OF TITLE 10, UNITED STATES CODE,
RELATING TO FOREST MANAGEMENT ON
MILITARY LANDS.
(a) IN GENERAL.—Chapter 159 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 2694. Conservation of native biodiversity
‘‘(a) CONSERVATION OF NATIVE BIODIVERSITY.—
Regardless of any other provision in this Act, in each
stand and each watershed throughout each forested area
on a military installation or projects administered by the
Army Corps of Engineers, the Secretary concerned shall
provide for the conservation or restoration of native
biodiversity, 
except 
during 
authorized 
construction
projects in which events the Secretary shall conserve na-
tive biodiversity to the extent possible.
‘‘(b) 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) In 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 this section.
court. If that violator is the United States of America or
a Federal agency or officer, the penalty shall be paid to
the Judgment Fund, as provided by Congress under sec-
tion 1304 of title 31, United States Code.
‘‘(E) The penalty should be paid from the Judgment
Fund within 40 days after judgment to the person or per-
sons designated to receive it, to be applied in protecting
or restoring native biodiversity in or adjoining Federal
land. Any award of costs of litigation and any award of
attorney fees shall be paid within 40 days after judgment.
‘‘(F) The United States, including its agents and em-
ployees waives its sovereign immunity in all respects in
all actions under this section. No notice is required to en-
force this section.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 159 of title 10, United States Code, is
amended by adding at the end the following new item:
‘‘2694. Conservation of native biodiversity.’’.
SEC. 8. EFFECTIVE DATE.
(a) IN GENERAL.—The amendments made by this
Act shall not apply with respect to any contract to sell
timber which was awarded on or before the date of enact-
ment of this Act.
(b) APPLICATION TO EMERGENCY SALVAGE TIMBER
SALE PROGRAM.—The amendments made by this Act
shall apply with respect to any timber salvage sale under
section 2001 of Public Law 104–19 (109 Stat. 240) which
has not been awarded as of the date of the enactment of
this Act, notwithstanding any provision of that section
2001.
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