•HR 1164 SC2
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 silvicultural regeneration method under
which a minority of the mature stand is retained as
a seed source or protection during the regeneration
period. The standing mature trees, usually 10 to 20
per acre, are later removed in one or more cuttings.
‘‘(N) The term ‘timber purposes’ shall include
the use, sale, lease, or distribution of trees, or the
felling of trees or portions of trees except to create
land space for a structure or other use.
‘‘(4)(A)(i) The purpose of this paragraph is to foster
the widest possible enforcement of subsection (c)(8) and
this subsection.
‘‘(ii) Congress finds that all people of the United
States are injured by actions on lands to which subsection
(c)(8) and this subsection apply.
‘‘(B) The provisions of subsection (c)(8) and this sub-
section shall be enforced by the Secretary of the Interior
•HR 1164 SC2
and the Attorney General of the United States against any
person who violates either of them.
‘‘(C)(i) Any citizen may enforce any provision of sub-
section (c)(8) and this subsection by bringing an action
for declaratory judgment, temporary restraining order, in-
junction, civil penalty, and other remedies against any al-
leged violator including the United States, in any district
court of the United States.
‘‘(ii) The court, after determining a violation of either
of such subsections, shall impose a penalty of not less than
$5,000 and not more than $50,000 per violation, shall
issue one or more injunctions and other equitable relief
and shall award to the plaintiffs reasonable costs of litiga-
tion including attorney’s fees, witness fees and other
necessary expenses.
‘‘(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
section 1304 of title 31, United States Code.
‘‘(E) The penalty shall 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
•HR 1164 SC2
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)(8) and this subsection. No
notice is required to enforce this subsection.
‘‘(5) No roads shall be constructed or reconstructed
in any Bureau of Land Management roadless areas
inventoried pursuant to this Act.’’.
(c) REPEAL.—Subsection (b) of section 701 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 note) is hereby repealed.
SEC. 5. AMENDMENT OF NATIONAL WILDLIFE REFUGE SYS-
TEM ADMINISTRATION ACT OF 1966 RELAT-
ING TO THE NATIONAL WILDLIFE REFUGE
SYSTEM.
Section 4 of the National Wildlife Refuge System Ad-
ministration Act of 1966 (16 U.S.C. 668dd) is amended
by adding at the end the following:
‘‘(j) CONSERVATION OF NATIVE BIODIVERSITY.—In
each stand that is managed or operated for timber pur-
poses throughout each forested area within the System,
the Secretary shall provide for the conservation or restora-
tion of native biodiversity, except during the extraction
stage of authorized mineral development or during author-
•HR 1164 SC2
ized construction projects, in which events the Secretary
shall conserve native biodiversity to the extent possible.
‘‘(k) RESTRICTION ON USE OF CERTAIN LOGGING
PRACTICES.—(1) In each stand that is managed or oper-
ated for timber purposes throughout each forested area
within the System, the Secretary under subsection (j) shall
prohibit any even-age logging and any even-age manage-
ment after one year after the date of enactment of this
subsection.
‘‘(2) On each site already under even-age manage-
ment, the Secretary shall (A) prescribe a shift to selection
management within one year, or (B) cease managing for
timber 
purposes 
and 
actively 
restore 
the 
native
biodiversity, or permit each site to regain its native
biodiversity.
‘‘(3) For the purposes of this subsection:
‘‘(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 diver-
sity, within a species (genetic), within a community
of species (within-community), between communities
of species (between-communities), within a total area
such as a watershed (total area), along a plane from
•HR 1164 SC2
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 measures for
restoring diversity through management efforts, in
order to protect, restore, and enhance as much of
the variety of species and communities as possible in
abundances and distributions that provide for their
continued existence and normal functioning, includ-
ing the viability of populations throughout their
natural geographic distributions.
‘‘(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.
•HR 1164 SC2
‘‘(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 of the edge of the
group cut, and (ii) maintaining different age groups
in a given stand. In no event will more than 30 per-
cent of a stand be felled within thirty years.
‘‘(G) The term ‘stand’ means a forest commu-
nity with enough identity by location, topography, or
dominant species to be managed as a unit, not to ex-
ceed 100 acres.
‘‘(H) The term ‘clearcutting’ means the logging
of the commercial trees in a patch or stand 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
•HR 1164 SC2
shelterwood cutting, or any system other than selec-
tion management.
‘‘(J) The term, ‘salvage logging’ means the fell-
ing or further damaging, within a 30-year period, of
a greater basal area than 30 square feet per acre of
dead, damaged, or other trees, or any combination
of such trees.
‘‘(K) The term ‘seed-tree cut’ means a logging
operation that leaves one or more seed trees, gen-
erally 6 to 10 per acre.
‘‘(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 silvicultural regeneration method under
which a minority of the mature stand is retained as
•HR 1164 SC2
a seed source or protection during the regeneration
period. The standing mature trees, usually 10 to 20
per acre, are later removed in one or more cuttings.
‘‘(N) The term ‘timber purposes’ shall include
the use, sale, lease, or distribution of trees, or the
felling of trees or portions of trees except to create
land space for a structure or other use.
‘‘(4)(A)(i) The purpose of this paragraph is to foster
the widest possible enforcement of subsection (j) and this
subsection.
‘‘(ii) Congress finds that all people of the United
States are injured by actions on lands to which subsection
(j) and this subsection apply.
‘‘(B) The provisions of subsection (j) and this sub-
section shall be enforced by the Secretary of the Interior
and the Attorney General of the United States against any
person who violates either of them.
‘‘(C)(i) Any citizen may enforce any provision of this
subsection by bringing an action for declaratory judgment,
temporary restraining order, injunction, civil penalty, and
other remedies against any alleged violator including the
United States, in any district court of the United States.
‘‘(ii) The court, after determining a violation of either
of such subsections, shall impose a penalty of not less than
$5,000 and not more than $50,000 per violation, shall
•HR 1164 SC2
issue one or more injunctions and other equitable relief
and shall award to the plaintiffs reasonable costs of litiga-
tion including attorney’s fees, witness fees and other nec-
essary expenses.
‘‘(D) The penalty authorized by subparagraph (C)(ii)
shall be paid by the violator or violators designed 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 (j) and this subsection. No
notice is required to enforce this subsection.’’.
•HR 1164 SC2
SEC. 6. AMENDMENT OF NATIONAL INDIAN FOREST RE-
SOURCES MANAGEMENT ACT RELATING TO
INDIAN LANDS.
Section 305 of the National Indian Forest Resources
Management Act (25 U.S.C. 4535) is amended by adding
at the end the following new subsections:
‘‘(c) CONSERVATION OF NATIVE BIODIVERSITY.—In
each stand that is managed or operated for timber pur-
poses in each forested area on Indian lands, the Secretary
shall provide for the conservation or restoration of native
biodiversity in each stand that is managed or operated for
timber purposes in each forested area on Indian lands ex-
cept during the extraction stage of authorized mineral de-
velopment or during authorized construction projects in
which events the Secretary shall conserve native
biodiversity to the extent possible.
‘‘(d) RESTRICTION ON USE OF CERTAIN LOGGING
PRACTICES.—(1) In each stand that is managed or oper-
ated for timber purposes throughout each forested area
on Indian forest lands, the Secretary under subsection (c)
shall prohibit any even-age logging and any even-age man-
agement after one year 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
•HR 1164 SC2
timber 
purposes 
and 
actively 
restore 
the 
native
biodiversity, or permit each site to regain its native
biodiversity.
‘‘(3) For the purposes of this section:
‘‘(A) The term ‘native biodiversity’ means the
full range of variety and variability within and
among living organisms and the ecological complexes
in which they would have occurred in the absence of
significant human impact, and encompasses diver-
sity, within a species (genetic), within a community
of species (within-community), between communities
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 measures for
restoring diversity through management efforts, in
order to protect, restore, and enhance as much of
the variety of species and communities as possible in
abundances and distributions that provide for their
continued existence and normal functioning, includ-
•HR 1164 SC2
ing the viability of populations throughout their nat-
ural geographic distributions.
‘‘(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 of the edge of the
group cut, and (ii) maintaining different age groups
in a given stand. In no event will more than 30 per-
cent of a stand be felled within 30 years.
‘‘(G) The term ‘stand’ means a forest commu-
nity with enough identity by location, topography, or