I
106TH CONGRESS
1ST SESSION
H. R. 1396
To save taxpayers money, reduce the deficit, cut corporate welfare, and
protect and restore America’s natural heritage by eliminating the fiscally
wasteful and ecologically destructive commercial logging program on Fed-
eral public lands and to facilitate the economic recovery and diversifica-
tion of communities dependent on the Federal logging program.
IN THE HOUSE OF REPRESENTATIVES
APRIL 13, 1999
Ms. MCKINNEY (for herself, Mr. LEACH, Mr. ACKERMAN, Mr. ANDREWS, Mr.
FORBES, Mr. GUTIERREZ, Mr. HASTINGS of Florida, Mr. LEWIS of Geor-
gia, Mr. MCDERMOTT, Mr. PAYNE, Mr. LANTOS, Mr. WEXLER, Mrs.
MEEK of Florida, Mrs. JONES of Ohio, Mr. RUSH, Mr. CLAY, Mr. FIL-
NER, Mr. WAXMAN, Mr. STARK, Mr. LUTHER, Mr. MCGOVERN, Mr.
KLECZKA, Mr. DIXON, Mr. MARKEY, Mr. FRANK of Massachusetts, Mr.
MARTINEZ, Mr. PASCRELL, Mr. BARRETT of Wisconsin, Ms. WOOLSEY,
Mr. OWENS, Ms. LOFGREN, Ms. RIVERS, Mr. BONIOR, Mr. MEEKS of
New York, Ms. LEE, Mr. CONYERS, Mr. LARSON, Mr. KUCINICH, Mr.
JACKSON of Illinois, Ms. DELAURO, Mr. FRANKS of New Jersey, Ms.
WATERS, Mr. FORD, Mr. BROWN of California, Mr. CAPUANO, Mr. HOLT,
Mr. TOWNS, and Ms. BALDWIN) introduced the following bill; which was
referred to the Committee on Agriculture, and in addition to the Commit-
tees on Resources, and Education and the Workforce, 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 con-
cerned
A BILL
To save taxpayers money, reduce the deficit, cut corporate
welfare, and protect and restore America’s natural herit-
age by eliminating the fiscally wasteful and ecologically
destructive commercial logging program on Federal pub-
lic lands and to facilitate the economic recovery and
diversification of communities dependent on the Federal
logging program.
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 Forest Protection and Restoration Act of
1999’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Findings.
Sec. 4. Prohibition on timber sales to protect Federal public lands.
Sec. 5. Effect of prohibition on existing timber sale contracts.
Sec. 6. Authorization of appropriations.
Sec. 7. Natural heritage restoration.
Sec. 8. Worker retraining.
Sec. 9. Allocation of funds.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) AGENCIES.—The term ‘‘agencies’’ means
the Forest Service, the National Park Service, the
Bureau of Land Management, and the United
States Fish and Wildlife Service.
(2) COMMERCIAL
LOGGING.—(A) The term
‘‘commercial logging’’ means—
(i) the sale of timber;
(ii) the execution of a timber sale; or
(iii) any other transfer of timber to an in-
dividual, company, corporation, or other entity,
which then uses the timber so transferred for
sale.
(B) The term includes a sale, execution, or
other transfer specified in paragraph (1) regardless
of—
(i) the stated reason for the sale, execu-
tion, or transfer; or
(ii) whether the timber is standing, fallen,
living, or dead.
(3) FEDERAL PUBLIC LANDS.—The term ‘‘Fed-
eral public lands’’ means—
(A) all lands in the United States included
in the National Forest System;
(B) all lands in the United States included
in the National Wildlife Refuge System;
(C) all lands in the United States included
in the National Park System; and
(D) all lands under the jurisdiction of the
Bureau of Land Management.
(4) ROADLESS
AREA.—The term ‘‘roadless
area’’ means each of the following:
(A) Any inventoried roadless area.
(B) Any area of at least 1,000 contiguous
acres meeting Forest Service road density
guidelines.
(C) Any area of less than 1,000 contiguous
acres meeting Forest Service road density
guidelines, if the area is adjacent to a unit of
the National Wilderness Preservation System, a
unit of the National Park System, or a des-
ignated Wilderness Study Area.
(5) TIMBER
SALE.—The term ‘‘timber sale’’
means—
(i) the sale of timber;
(ii) the offering of timber for sale or con-
sideration; or
(iii) any other transfer of timber to an in-
dividual, company, corporation, or other entity,
which then uses the timber so transferred for
sale.
(B) The term includes a sale, offer, or other
transfer specified in paragraph (1) regardless of—
(i) the stated reason for the sale, offer, or
transfer; or
(ii) whether the timber is standing, fallen,
living, or dead.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Polls conducted by the Forest Service show
that a strong majority of the American people think
that natural resources on Federal public lands
should not be made available to produce consumer
goods.
(2) The 1995 Forest Service draft report enti-
tled ‘‘Forest Service Program for Forest and Range-
land Resources: A Long-Term Strategic Plan’’ shows
that recreation and tourism in the National Forest
System creates over 30 times more jobs, and gen-
erates over 30 times more income, than commercial
logging on national forests.
(3) According to Forest Service figures, timber
cut from Federal public lands comprises less than
five percent of the annual timber consumption of the
United States.
(4) The vast majority of America’s original
pristine forests have been logged, and what little pri-
mary forest that remains exists almost entirely on
public lands.
(5) The ecological crisis resulting from this se-
vere habitat loss and fragmentation of American for-
ests requires bold action to protect this Nation’s
natural heritage so that pristine forests may remain
pristine, and damaged forests may have an oppor-
tunity to recover.
(6) The 1995 report of the Comptroller General
regarding distribution of Forest Service timber sales
receipts (GAO/RCED–95–237FS) and the 1998 fol-
low-up report (GAO/RCED–99–24) reveal that, of
the hundreds of millions of dollars of taxpayer
money that is annually expended on the Forest Serv-
ice timber sales program, only a small fraction finds
its way back to the Federal Treasury, resulting in
an enormous net loss to taxpayers.
(7) The timber-oriented counties in Oregon,
Washington, and California that currently receive a
percentage of timber sales receipts from commercial
logging are guaranteed, by sections 13982 and
13983 of Public Law 103–66 (16 U.S.C. 500 note;
43 U.S.C. 1181f note), to continue to receive these
payments at near historic levels through fiscal year
2003, regardless of logging levels on public lands.
(8) Forests absorb rainfall, retard stream run-
off, reduce floods, increase slope stability, and retain
topsoil, and retard soil erosion and siltation in
streams, irrigation ditches, and reservoirs.
(9) Commercial logging has many indirect costs
which are very significant, but not easily measured,
such as flooding damage and relief of flooding dam-
age through Federal funds, damage to the salmon
fishing industry; and harm to the recreation and
tourism industries.
(10) A congressionally commissioned scientific
study of the Sierra Nevada forests found that more
than any other human activity, commercial logging
has increased the risk and severity of fires by remov-
ing the cooling shade of trees and leaving flammable
debris (see Sierra Nevada Ecosystem Project Final
Report to Congress, Vol. 1, Assessment Summaries
and Management Strategies, 1996).
(11) It is in the interests of the American peo-
ple to protect watersheds on Federal public lands in
order to prevent potentially damaging and deadly
floods.
SEC. 4. PROHIBITION ON TIMBER SALES TO PROTECT FED-
ERAL PUBLIC LANDS.
(a) PROHIBITION ON NEW TIMBER SALES.—Not-
withstanding any other provision of law, effective as of the
date of the enactment of this Act, no timber sales shall
be prepared, advertised, offered, or awarded on Federal
public lands and, except as provided in section 5, no com-
mercial logging shall occur on Federal public lands.
(b) EXCEPTIONS.—The gathering of firewood or
other wood by individuals for personal, noncommercial
use, through free-use permits under the personal use com-
ponent of the forest management program of the Forest
Service or an equivalent program of the Bureau of Land
Management, the National Park Service, or the United
States Fish and Wildlife Service, to the extent allowed
under existing law, is not prohibited by subsection (a) but
must be consistent with section 7 of this Act.
(c) NATIVE AMERICAN TRIBES.—Nothing contained
in this Act shall be construed to modify, amend, or breach
any treaty in existence on the date of enactment of this
Act with any Native American tribe.
SEC. 5. EFFECT OF PROHIBITION ON EXISTING TIMBER
SALE CONTRACTS.
(a) REMAINING SALVAGE RIDER SALES.—Notwith-
standing any outstanding judicial order or administrative
proceeding interpreting section 2001 of Public Law 104–
19 (109 Stat. 240; 16 U.S.C. 1611 note), the Secretary
of Agriculture and the Secretary of the Interior shall im-
mediately suspend each timber sale or activity that was
being undertaken in whole or in part under the authority
provided in such section.
(b) ROADLESS AREAS.—Notwithstanding any other
provision of law, the Secretary of Agriculture and the Sec-
retary of the Interior shall immediately suspend each tim-
ber sale in any roadless area on Federal public lands.
(c) PHASE-OUT PERIOD AUTHORIZED.—There shall
be a 2-year period to phase out those timber sale contracts
in existence as of the date of the enactment of this Act.
The phase-out period shall begin on the date of the enact-
ment of this Act. Any remaining timber sales on Federal
public lands shall be automatically suspended upon the ex-
piration of the phase-out period. Notwithstanding any
other provision of law, no commercial logging shall occur
anywhere on Federal public lands after the end of the
phase-out period.
(d) EARLY TERMINATION.—For all timber sales sus-
pended under subsection (a), subsection (b), and sub-
section (c) of this subsection, the Secretary concerned
shall—
(1) exercise any provision of the original con-
tract that authorizes termination and payment of
specified damages; or
(2) terminate the contract to avoid adverse ef-
fects on the environment or natural resources.
(e) PAYMENT FOR TIMBER SALE CONTRACTS RELIN-
QUISHED.—Any claim, whether as a result of a judgment
or an agreement against the Federal Government, arising
from termination of any timber sale contract under sub-
section (d) of this subsection, may be—
(1) paid from funds made available under sec-
tion 1304 of title 31, United States Code, and shall
not require reimbursement under section 13(c) of
the Contract Disputes Act of 1978 (41 U.S.C.
612(c));
(2) offset by forgiveness of a Federal Govern-
ment loan or loan guarantee;
(3) paid through funds appropriated for the
purpose; or
(4) paid through the transfer of funds from any
of the following Forest Service or Bureau of Land
Management timber accounts:
(A) Timber sales management.
(B) Forest land vegetation management.
(C) Forest roads program.
(D) General administration related to com-
mercial logging.
(f) DISPUTES.—Any claim by a purchaser against the
Federal Government relating to a contract terminated
under this section shall be subject to the Contract Dis-
putes Act of 1978 (41 U.S.C. 601 et seq.).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) CALCULATION OF LOGGING SUBSIDY.—The Sec-
retary of Agriculture, in consultation with the Secretary
of the Interior, shall determine the average amount of
Federal funds appropriated annually from the General
Fund of the Treasury over the five fiscal years imme-
diately preceding the date of the enactment of this Act
for commercial logging and commercial logging-related ac-
tivities on Federal public lands. In making this determina-
tion, the Secretary shall include amounts expended for the
following, using estimates, where necessary:
(1) Timber sales management.
(2) Forest-land vegetation management.
(3) Land management planning, inventory, and
monitoring related to commercial logging.
(4) Research related to commercial logging.
(5) The portion of the forest roads and road
maintenance program related to commercial logging.
(6) General administration expenses related to
commercial logging.
(7) Landline location related to commercial log-
ging.
(8) Law enforcement related to commercial log-
ging.
(9) The portion of the forest fire fighting and
prevention program related to commercial logging.
(10) The portion of any other activities related
to commercial logging.
(b) AUTHORIZATION.—There are authorized to be ap-
propriated such sums as may be necessary to carry out
this Act in the fiscal years beginning after the date of the
enactment of this Act, but not to exceed for any fiscal
year one-half of the logging subsidy amount calculated in
subsection (a).
(c) ADMINISTRATIVE EXPENSES.—Not more than
ten percent of the funds appropriated or allocated to carry
out sections 7 and 8 may be reserved for the administra-
tion of activities authorized under those sections.
SEC. 7. NATURAL HERITAGE RESTORATION.
(a) NATURAL HERITAGE RESTORATION CORPS.—
The Secretary of the Interior and the Secretary of Agri-
culture shall each establish a special unit (to be known
as the Natural Heritage Restoration Corps) for the pur-
poses of conducting, in areas of Federal public lands
where commercial logging has occurred, the following ac-
tivities:
(1) Restore native vegetative cover.
(2) Conduct prescribed burning where necessary
to reduce fire risk caused by commercial logging.
(3) Stabilize slopes and soils so as to prevent or
reduce further erosion.
(4) Recontour slopes to their original contours,
where deemed appropriate and beneficial.
(5) Decommission and obliterate logging roads
in order to recover roadless characteristics.
(6) Remove man-made barriers to natural fish
spawning runs.
(7) Generally restore, as much as possible, such
areas to their natural condition as existed prior to
the occurrence of commercial logging.
(b) PERSONNEL
AND EQUIPMENT.—The Natural
Heritage Restoration Corps shall hire the necessary per-
sonnel, which may include private contractors, and pur-
chase or lease the necessary equipment to implement the
Natural Heritage Restoration Plans and achieve the goals
and objectives as set forth by the Secretaries of Agri-
culture and Interior under this section. There shall be a
hiring preference for dislocated timber workers who have
been terminated or laid off, or have received a notice of
termination or lay off, as a consequence of the enactment
of this Act.
(c) NATURAL HERITAGE RESTORATION PLANS.—
(1) NATIONAL
FOREST
SYSTEM
LANDS.—For
lands in the National Forest System, the Secretary
of Agriculture shall develop Natural Heritage Res-
toration Plans at the regional level to carry out the
activities specified in subsection (a) in accordance
with the standards, guidelines, and procedures devel-
oped in subsection (d). Such Plans shall be com-
pleted no later than eighteen months after the date
of enactment of this Act.
(2) BLM AND
NATIONAL
WILDLIFE
REFUGE
LANDS.—For lands under the jurisdiction of the Bu-
reau of Land Management, and, as necessary for
National Wildlife Refuges, the Secretary of the Inte-
rior shall develop Natural Heritage Restoration
Plans at the regional level to carry out the objectives
of subsection (a) in accordance with the standards,
guidelines, and procedures developed in subsection
(d). Such plans shall be completed no later than
eighteen months after the date of enactment of this
Act.
(d) DEVELOPING STANDARDS, GUIDELINES, AND
PROCEDURES FOR RESTORATION.—
(1) RESPONSIBILITIES OF THE SECRETARIES.—
The Secretary of Agriculture and Secretary of the
Interior shall develop regional standards, guidelines,
and procedures for restoration as soon as practicable
after the date of enactment of this Act, and shall
begin to incorporate these regional standards, guide-
lines, and procedures into land management plans
for Federal public lands as soon as practicable. The
Secretaries shall complete such incorporation for all
Federal public lands by no later than two years after
the date of enactment of this Act. The Secretaries
shall report to the Congress on the progress of such
incorporation in the annual report required by sec-
tion 8(c) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C.
1606(c)) and section 311 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1741).
(2) COMMITTEE OF SCIENTISTS.—In carrying
out the purposes of this subsection, the Secretary of
the Interior shall appoint a committee of scientists
for each of the Forest Service regions in the United
States who are not officers or employees of the For-
est Service or the Bureau of Land Management. The
committee shall provide scientific and technical ad-
vice and counsel on proposed standards, guidelines,
and procedures to assure that an effective inter-
disciplinary approach is proposed and adopted for
the development of Natural Heritage Restoration
Plans for each region. The committee shall termi-
nate upon promulgation of the standards, guidelines,
and procedures, but the Secretary shall, from time
to time, appoint similar committees when consid-
ering revisions of regional standards, guidelines, and
procedures. Standards, guidelines, and procedures
for developing Natural Heritage Restoration Plans
for each region shall be completed no later than one
year after the date of enactment of this Act. The
views of the committees shall be included in the pub-
lic information supplied when the standards and
guidelines are proposed for adoption.
(3) CLERICAL AND TECHNICAL ASSISTANCE.—
Clerical and technical assistance, as may be nec-
essary to discharge the duties of the committee of
scientists established under paragraph (2) of this
subsection, shall be provided from the personnel of
the Department of Agriculture or the Department of
Interior, as appropriate.
(4) COMPENSATION.—While attending meetings
of the committee, the members shall be entitled to
receive compensation at a rate of $200 per diem, in-
cluding travel time, and while away from their
homes or regular places of business they may be al-
lowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5,
United States Code, for persons in the Government
service employed intermittently.
(e) INTERIM NEEDS
FOR RESTORATION.—During
the interim period while regional standards, guidelines,
and procedures are being developed, the Secretary of Agri-
culture and Secretary of the Interior shall identify interim
needs for restoration and take prompt action to begin res-
toration work with available personnel, until the Natural
Heritage Restoration Corps is established. Interim needs
for restoration shall be limited to the following:
(1) Prescribed burning and slash disposal where
necessary to reduce fire risk.
(2) Stabilization of slopes and soils so as to
prevent or reduce further erosion and land sliding in
areas that have been logged.
(3) Decommissioning and obliteration of logging
roads.
(f) RESTORATION GOALS AND OBJECTIVES.—Within
one year of the date of enactment of this Act, the Sec-
retary of Agriculture and the Secretary of the Interior
shall develop specific restoration goals and objectives for
each Unit of the Federal public lands, and shall, within
the same time period, develop a specific schedule to accom-
plish those goals and objectives with the funds made avail-
able to carry out this section, as authorized in section 6
of this Act.
(g) PLAN TRANSITION.—Except as otherwise pro-
vided in section 4 and 5, and elsewhere in this Act, any
plan, policy, or guidance of the Agencies, with respect to
Federal public lands, in effect on the date of enactment
of this Act shall continue to apply to such lands until such
plan, policy or guidance is revised, amended, or changed
as provided in this section.
(h) PUBLIC PARTICIPATION.—This subsection shall
be carried out in compliance with the National Environ-
mental Policy Act of 1969 and its implementing regula-
tions.
SEC. 8. WORKER RETRAINING.
(a) ELIGIBLE INDIVIDUAL DEFINED.—For the pur-
poses of this section, the term ‘‘eligible individual’’ means
an individual who—
(1) is a dislocated worker, as that term is de-
fined in section 101 of the Workforce Investment
Act of 1998 (Public Law 105–220; 112 Stat. 939;
29 U.S.C. 2801); and
(2) has been terminated or laid off, or has re-
ceived a notice of termination or lay off, as a con-
sequence of the enactment of this Act, or as a con-
sequence of management decisions on Federal public
lands prior to the enactment of this Act.
(b) DETERMINATIONS OF ELIGIBILITY.—The deter-
mination of whether an individual is an eligible individual
shall be made by the Secretary of Labor, pursuant to cri-
teria established by the Secretary of Labor, in consultation
with the Secretaries of Agriculture and the Interior.
(c) GRANTS AUTHORIZED.—The Secretary of Labor
may make grants to States, employers, employer associa-
tions, and representatives of employees—
(1) to provide training, adjustment assistance,
and employment services to eligible individuals; and
(2) to make needs-related payments to eligible
individuals in accordance with subsection (h).
(d) PRIORITY AND APPROVAL.—
(1) PRIORITY.—In reviewing applications for
grants under subsection (c), the Secretary of Labor
shall give priority to applications proposing to pro-
vide training, adjustment assistance, and services in
areas which have the greatest number or percentage
of eligible individuals.
(2) NEEDS-RELATED PAYMENTS REQUIRED.—
The Secretary of Labor shall not approve an appli-
cation for a grant under subsection (c) unless the
application contains assurances that the applicant
will use grant funds to provide needs-related pay-
ments in accordance with subsection (h).
(e) USE OF FUNDS.—Subject to the requirements of
subsections (f), (g), and (h), grants under subsection (c)
may be used for any purpose for which funds may be used
under section 134 of the Workforce Investment Act of
1998 (Public Law 105–220; 112 Stat. 990; 29 U.S.C.
2864).
(f) JOB SEARCH ALLOWANCE.—
(1) ALLOWANCE AUTHORIZED.—Grants under
subsection (c) for adjustment assistance may be
used to provide job search allowances to eligible indi-
viduals. Such allowance, if granted, shall provide re-
imbursement to the individual of not more than 90
percent of the cost of necessary job search expenses,
as prescribed by regulations of the Secretary of
Labor, but may not exceed $1,200 unless the need
for a greater amount is justified in the application
and approved by the Secretary of Labor.
(2) CRITERIA FOR GRANTING JOB SEARCH AL-
LOWANCES.—A job search allowance may be granted
only—
(A) to assist an eligible individual who has
been totally separated in securing a job within
the United States; and
(B) where the Secretary of Labor deter-
mines that such employee cannot reasonably be
expected to secure suitable employment in the
commuting area in which the worker resides.
(g) RELOCATION ALLOWANCE.—
(1) ALLOWANCE AUTHORIZED.—Grants under
subsection (c) for adjustment assistance may be
used to provide relocation allowances to eligible indi-
viduals. Such an allowance may only be granted to
assist an eligible individual in relocating within the
United States and only if the Secretary of Labor de-
termines that such employee;
(A) cannot reasonably be expected to se-
cure suitable employment in the commuting
area in which the employee resides;
(B) has obtained suitable employment af-
fording a reasonable expectation of long-term
duration in the area in which the employee
wishes to relocate, or has obtained a bona fide
offer of such employment, and
(C) is totally separated from employment
at the time relocation commences.
(2) AMOUNT
OF
RELOCATION
ALLOWANCE.—
The amount of any relocation allowance for any eli-
gible individual may not exceed the amount which is
equal to the sum of—
(A) 90 percent of the reasonable and nec-
essary expenses, specified in regulations pre-
scribed by the Secretary, incurred in trans-
porting an individual and the individual’s fam-
ily, if any, and household effects; and
(B) a lump sum equivalent to 3 times the
employee’s average weekly wage, up to a max-
imum payment of $1,200, unless the need for
a greater amount is justified in the application
and approved by the Secretary of Labor.
(h) NEEDS-RELATED PAYMENTS.—The Secretary of
Labor shall prescribe regulations with respect to the use
of funds from grants under subsection (c) for needs-re-
lated payments in order to enable eligible individuals to
complete training or education programs under this sec-
tion. Such regulations shall—
(1) require that such payments shall be pro-
vided to an eligible individual only if such
individual—
(A) does not qualify or has ceased to qual-
ify for unemployment compensation;
(B) has been enrolled in training by the
end of the 13th week of the individual’s initial
unemployment compensation benefit period, or,
if later, the end of the 8th week after an indi-
vidual is informed that a short-term layoff will
in fact exceed six months; and
(C) is participating in training or edu-
cation programs under this section, except that
such regulations shall protect an individual
from being disqualified pursuant to this clause
for a failure to participate that is not the fault
of the individual;
(2) provide that to qualify for such payments
the individual currently receives, or is a member of
a family which currently receives, a total family in-
come (exclusive of unemployment compensation,
child support payments, and welfare payments)
which, in relation to family size, is not in excess of
the lower living standard income level;
(3) provide that the levels of such payments
shall be equal to the higher of—
(A) the applicable level of unemployment
compensation; or
(B) the poverty level determined in accord-
ance with criteria established by the Director of
the Office of Management and Budget;
(4) provide for the adjustment of payments to
reflect changes in total family income; and
(5) provide that the grantee shall obtain infor-
mation with respect to such income, and changes
therein, from the eligible individual.
(i) REGULATIONS.—The Secretary of Labor shall
prescribe regulations to carry out this section not later
than 180 days after the date of enactment of this Act.
SEC. 9. ALLOCATION OF FUNDS.
(a) AVAILABILITY
OF CERTAIN ACCOUNTS.—Not-
withstanding any other provision of law, from the date of
the enactment of this Act through the duration of the two-
year phase-out period provided in section 5 plus one year
thereafter, all funds in each of the following Forest Service
and Bureau of Land Management accounts, including any
funds deposited into these accounts during the two-year
phase-out period, shall be used only to carry out this Act:
(1) Timber salvage funds (including the Salvage
Sale Fund established under section 14(h) of the
National Forest Management Act of 1976 (16
U.S.C. 472a(h))).
(2) The fund established under section 3 of the
Act of June 9, 1930 (commonly known as the
Knutson-Vandenberg Act; 16 U.S.C 576b).
(3) The fund containing moneys associated with
the Purchaser-Elect Roads Program under section 6
of the Act of October 13, 1964 (commonly known as
the Forest Roads And Trails Act; 16 U.S.C. 537).
(b) ALLOCATION OF TIMBER SALES REVENUES DUR-
ING PHASE-OUT PERIOD.—Notwithstanding any other
provision of law, from the date of the enactment of this
Act through the duration of the two-year phase-out period,
all timber sale revenues from Federal public lands shall
be deposited in the fund established under section 3 of
the Act of June 9, 1930 (commonly known as the
Knutson-Vandenberg Act; 16 U.S.C 576b).
(c) ABOLISHMENT OF ACCOUNTS.—Notwithstanding
any other provision of law, the funds referred to in sub-
section (a) shall be used to carry out this section until
no funds remain in such accounts, after which these ac-
counts shall be abolished.
(d) PAYMENTS TO STATES.—For the fiscal year in
which this Act is enacted and each fiscal year thereafter
through fiscal year 2003, revenue sharing payments to
States from timber sale receipts, which have annually been
made pursuant to the Act of May 23, 1908 (16 U.S.C.
500) shall be paid from the funds referred to in subsection
(a) of this section, except that no such payments shall be
made for counties already receiving ‘‘Spotted Owl Pay-
ments’’ pursuant to section 13982 or 13983 of Public Law
103–66 (16 U.S.C. 500 note; 43 U.S.C. 1181f note). Pay-
ments under this subsection shall be made in an amount
equivalent to the revenue-sharing payments to States from
timber sale receipts in fiscal year 1996 ($125,000,000).
Should the monies in the funds referred to in subsection
(a) fall below $380,000,000 cumulatively, the Secretary
of the Treasury shall make these payments out of money
in the Treasury not otherwise appropriated.
(e) WORKER RETRAINING.—Monies shall be distrib-
uted from the funds referred to in subsection (a) to carry
out section 8. Such distributions shall be made in amounts
up to $100,000,000 in the first year of the phase-out pe-
riod, and $100,000,000 and $150,000,000, respectively,
in the subsequent two years.
(f) ALTERNATIVES TO WOOD.—From the funds re-
ferred to in subsection (a), at least $1,000,000 and up
to $3,000,000 shall be distributed to the Environmental
Protection Agency to fund an investigation into wood-free
alternative products for paper and construction. Within
one year after the date of the enactment of this Act, the
Administrator of the Environmental Protection Agency
shall make recommendations for grants to entities involved
in the development and production of the most environ-
mentally sound non-wood alternatives for paper and con-
struction products. Up to $30,000,000 from the funds re-
ferred to in subsection (a) shall be made available to the
Environmental Protection Agency for such grants, which
shall be made within three years after the date of the en-
actment of this Act.
(g) ALLOCATION OF REMAINING FUNDS.—Any funds
remaining in the accounts referred to in subsection (a) in
the fourth year after the date of the enactment of this
Act shall be deposited into the general fund of the United
States Treasury.
Æ