I
105TH CONGRESS
2D SESSION
H. R. 3530
To address the destruction and degradation of important forest resources
on Federal lands in the United States through a program of recovery
and protection consistent with the requirements of existing public land
management and environmental laws, to establish a program to inventory
and analyze public and private forests, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1998
Mr. SMITH of Oregon introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committee on Re-
sources, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To address the destruction and degradation of important
forest resources on Federal lands in the United States
through a program of recovery and protection consistent
with the requirements of existing public land manage-
ment and environmental laws, to establish a program
to inventory and analyze public and private forests, 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
‘‘Forest Recovery and Protection Act of 1998’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. National Pilot Program of Forest Recovery and Protection.
Sec. 5. Scientific Advisory Panel.
Sec. 6. Advance recovery projects.
Sec. 7. Monitoring plan.
Sec. 8. Forest Recovery and Protection Fund.
Sec. 9. Authorization of appropriations.
Sec. 10. Audit requirements.
Sec. 11. Forest inventorying and analysis.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There are tradeoffs in values associated
with proactive, passive, or delayed forest manage-
ment. The values gained by proactive management
outweigh the values gained by delayed or passive
management of certain Federal forest lands.
(2) Increases in both the number and severity
of wildfire, insect infestation, and disease outbreaks
on Federal forest lands are occurring as a result of
high tree densities, species composition, and struc-
ture that are outside the historic range of variability.
These disturbances cause or contribute to significant
soil erosion, degradation of air and water quality,
loss of watershed values, habitat loss, and damage to
other forest resources.
(3) Serious destruction or degradation of im-
portant forest resources occurs in all regions of the
United States. Management activities to restore and
protect these resources in perpetuity are needed in
each region and should be designed to address re-
gion-specific needs.
(4) According to the Chief of the United States
Forest Service, between 35 and 40 million of the
191 million acres of Federal forest lands managed
by the Forest Service are at an unacceptable risk of
destruction by catastrophic wildfire. The condition of
these forests can pose a significant threat of de-
struction to human life and property as well as to
the habitat for fish and wildlife (including threat-
ened and endangered species), public recreation
areas, timber, watersheds, and other important for-
est resources.
(5) Restoration and protection of important for-
est resources require active forest management in-
volving a range of management activities, including
thinning, salvage, prescribed fire (after appropriate
thinning), sanitation and other insect and disease
control, riparian and other habitat improvement, soil
stabilization and other water quality improvement,
and seedling planting and protection.
(6) Many national forest units of the National
Forest System have an increasing backlog of un-
funded projects to restore and protect degraded for-
est resources. Adequate funding, structured so as to
maximize the allocation of monies for on-the-ground
projects, is needed to address this backlog in an effi-
cient, cost-effective way.
(7) A comprehensive, nationwide effort is need-
ed to restore and protect important forest resources
in an organized, timely, and scientific manner. There
should be immediate action to improve the areas of
Federal forest lands where serious resource degrada-
tion has been thoroughly identified and assessed or
where serious resource destruction or degradation by
natural disturbance is imminent.
(8) Congress and the Comptroller General have
identified the need to increase agency accountability
for achieving measurable results at all levels of gov-
ernment, both in the management of fiscal resources
and in carrying out statutory mandates. Additional
funding to address the backlog of recovery projects
in the National Forest System must, therefore, be
accompanied by performance standards and account-
ability mechanisms that will clearly demonstrate the
results achieved by any additional investment of tax-
payer dollars.
(9) Frequent forest inventory and analysis of
the status and trends in the conditions of forests
and their resources are needed to identify and re-
verse the destruction or degradation of important
forest resources in a timely and effective manner.
The present average 12- to 15-year cycle of forest
inventory and analysis to comply with existing statu-
tory requirements is too prolonged to provide forest
managers with the data necessary to make timely
and effective management decisions, particularly de-
cisions responsive to changing forest conditions.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) FEDERAL
FOREST
LANDS.—The term
‘‘Federal forest lands’’ means lands within the na-
tional forest units of the National Forest System.
(2) FUND.—The terms ‘‘Forest Recovery and
Protection Fund’’ and ‘‘Fund’’ mean the fund estab-
lished under section 8.
(3) IMPLEMENTATION DATE.—The term ‘‘im-
plementation date’’ means January 15, 2000, or the
first day of the 19th full month following the date
of the enactment of this Act, whichever is later.
However, if the implementation date under the sec-
ond option would occur within six months of the
next January 15, the Secretary may designate that
January 15 as the implementation date.
(4) LAND
MANAGEMENT
PLAN.—The term
‘‘land management plan’’ means a land and resource
management plan prepared by the Forest Service
pursuant to section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16
U.S.C. 1604) for Federal forest lands under the ju-
risdiction of the Secretary of Agriculture.
(5) NATIONAL
PILOT
PROGRAM.—The term
‘‘national pilot program’’ means the National Pilot
Program of Forest Recovery and Protection required
by section 4.
(6) OVERHEAD EXPENSES.—The terms ‘‘over-
head expenses’’ and ‘‘overhead’’ mean—
(A) common services and indirect expenses,
as such terms are defined by expense items 1–
10 in Appendix E of the United States Forest
Service Timber Cost Efficiency Study Final Re-
port, dated April 16, 1993 (pages 125–126);
(B) direct and indirect general administra-
tion expenses, as such terms are identified in
Appendix D of the United States Forest Service
Forest Management Program Annual Report,
Fiscal Year 1996 (FS–614), dated December,
1997 (pages 110–111); and
(C) any other cost of line management or
program support that cannot be directly attrib-
utable to specific projects or programs.
(7) RECOVERY
AREA.—The term ‘‘recovery
area’’ means a national forest unit of the National
Forest System, identified by the Secretary under
section 4(c)—
(A) that has experienced disturbances from
wildfires, insect infestations, disease, wind,
flood, or other causes, which have caused or
contributed to significant soil erosion, degrada-
tion of water quality, loss of watershed values,
habitat loss, or damage to other forest re-
sources of the area; or
(B) in which the forest structure, function,
or composition has been altered so as to in-
crease substantially the likelihood of wildfire,
insect infestation, or disease in the area and the
consequent risks of damage to soils, water qual-
ity, watershed values, habitat, and other forest
resources from wildfire, insect infestation, dis-
ease, wind, flood, or other causes.
(8) RECOVERY PROJECT.—The term ‘‘recovery
project’’ means a project to improve, restore, or pro-
tect forest resources within an identified recovery
area, including the following types of projects: ripar-
ian restoration; treatments to reduce stand density
for the purpose of reducing risk of catastrophic loss;
soil stabilization and other water quality improve-
ment; removal of dead trees or trees being damaged
by injurious agents other than competition; pre-
scribed fire; integrated pest management, including
the removal of trees to improve stand health by stop-
ping or reducing actual or anticipated spread of in-
sects or disease; vegetative treatments and other
habitat improvement activities; and seedling planting
and protection.
(9) SCIENTIFIC ADVISORY PANEL.—The term
‘‘Scientific Advisory Panel’’ means the advisory
panel appointed under section 5.
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Agriculture, acting through
the Chief of the Forest Service.
SEC. 4. NATIONAL PILOT PROGRAM OF FOREST RECOVERY
AND PROTECTION.
(a) NATIONAL PILOT PROGRAM REQUIRED.—Not
later than the implementation date, the Secretary shall
commence a national pilot program to restore and protect
forest resources located on Federal forest lands in the
United States through the performance of recovery
projects in identified recovery areas.
(b) STANDARDS AND CRITERIA.—
(1) INITIAL PUBLICATION.—Not later than 210
days before the implementation date, the Secretary
shall publish in the Federal Register the proposed
standards and criteria to be used for the identifica-
tion and prioritization of recovery areas. In estab-
lishing the standards and criteria, the Secretary
shall consider the standards and criteria rec-
ommended by the Scientific Advisory Panel under
section 5(f). The Secretary shall include in the Fed-
eral Register entry required by this paragraph an
explanation of any significant differences between
the recommendations of the Scientific Advisory
Panel and the standards and criteria actually pro-
posed by the Secretary.
(2) COMMENT
PERIOD
AND
FINAL
PUBLICA-
TION.—Upon the publication of the proposed stand-
ards and criteria under paragraph (1), the Secretary
shall provide a 45-day period for the submission of
comments regarding the proposed standards and cri-
teria. Not later than 30 days after the close of the
comment period, the Secretary shall publish the final
standards and criteria in the Federal Register.
(c) IDENTIFICATION OF RECOVERY AREAS.—
(1) INITIAL PUBLICATION.—Not later than 105
days before the implementation date, the Secretary
shall publish in the Federal Register a list, in order
of priority, of the proposed recovery areas within
which recovery projects are to be conducted under
the national program in accordance with the stand-
ards and criteria established and in effect under
subsection (b).
(2) COMMENT
PERIOD
AND
FINAL
PUBLICA-
TION.—Upon the publication of the proposed recov-
ery areas under paragraph (1), the Secretary shall
provide a 45-day period for the submission of com-
ments regarding the proposed recovery areas. Not
later than 30 days after the close of the comment
period, the Secretary shall publish the final list of
recovery areas, in order of priority, in the Federal
Register.
(3) MODIFICATION.—The Secretary may not
modify the final list of recovery areas published pur-
suant to paragraph (2).
(d) ANNUAL ALLOCATION OF AMOUNTS TO RECOV-
ERY AREAS.—
(1) ALLOCATION
REQUIRED.—Not later than
the implementation date, and each January 15
thereafter, the Secretary shall allocate amounts from
the Forest Recovery and Protection Fund to regions
of the Forest Service for the purpose of conducting
recovery projects in recovery areas identified in sub-
section (c). In making such allocations, the Sec-
retary shall identify the total acreage nationally that
the Secretary expects to be treated during the fiscal
year using allocated amounts.
(2) AUTHORIZED
USE
OF
AMOUNTS
FOR
MULTI–YEAR PROJECTS.—Amounts allocated by the
Secretary pursuant to paragraph (1) shall be avail-
able, without further allocation by the Secretary, to
carry out and administer multi-year recovery
projects beyond the fiscal year in which the amounts
are allocated by the Secretary.
(e) RECOVERY PROJECTS.—
(1) INITIATION
OF
PROJECT
LEVEL
ANALY-
SIS.—Not later than 30 days after the date on which
a court order, or the applicable land manage-
ment plan.
(f) REQUIREMENTS FOR RECOVERY PROJECT SELEC-
TION.—In selecting recovery projects as required under
subsection (e), the regional forester (or the designees of
the regional forester) in each region shall—
(1) identify for each recovery project the total
acreage requiring treatment, the estimated cost of
preparation and implementation, and the estimated
project duration;
(2) consider the economic benefits to be pro-
vided to local communities as a result of each recov-
ery project, but only to the extent that such consid-
erations are consistent with the standards and cri-
teria for recovery areas established and in effect
under subsection (b) and the priorities established
by the ranking of recovery areas under subsection
(c);
(3) ensure that each recovery project complies
with the land management plan applicable to the re-
covery area within which the recovery project will be
conducted;
(4) ensure that each recovery project is de-
signed to be implemented in the most cost-effective
manner, except that a recovery project is not pre-
cluded simply because the cost of preparing and im-
plementing the recovery project is likely to exceed
the revenue derived from the recovery project; and
(5) ensure that each recovery project will main-
tain or enhance the ecological functions and condi-
tions of the forest in which the project will be con-
ducted.
(g) ANNUAL REPORT TO CONGRESS.—
(1) REPORT
REQUIRED.—Not later than the
implementation date, and each January 15 there-
after, the Secretary shall submit to Congress a re-
port on the identification and prioritization of recov-
ery areas required under subsection (c) and the allo-
cation of amounts from the Forest Recovery and
Protection Fund under subsection (d).
(2) REPORT CONTENTS.—Each report required
under paragraph (1) shall include the following:
(A) A breakdown of the amounts allocated
to each region of the Forest Service under sub-
section (d).
(B) The total acreage nationally expected
to be treated by recovery projects during the
fiscal year using amounts allocated under sub-
section (d).
(3) ADDITIONAL
REQUIREMENTS.—After the
initial report required by paragraph (1), each subse-
quent report shall also include the following:
(A) A list, by recovery area, of the recovery
projects for which planning has been initiated
during the prior fiscal year including, for each
recovery project, the following:
(i) A description of the management
objectives of the project that will be mon-
itored for implementation and effectiveness
using the monitoring plan established
under section 7.
(ii) The total acreage requiring treat-
ment, the estimated cost of preparation
and implementation, and the estimated
project duration.
(iii) The total acreage treated by the
recovery project during the fiscal year.
(iv) The projected economic benefits
(if any) the project will provide to local
communities.
(B) An explanation of the following:
(i) Whether the planning for recovery
projects during the prior fiscal year was
initiated within the timeframe required
under subsection (e)(1) and an accounting
of the steps taken by the Secretary relative
to the projects pursuant to the require-
ments of section 8(d); and
(ii) An explanation of the status of re-
covery projects for which planning was ini-
tiated in prior fiscal years.
(C) A list, by recovery area, of the recovery
projects completed during the prior fiscal year
including, for each recovery project, a compari-
son of the following:
(i) The projected and actual manage-
ment objectives achieved by the project, as
determined using the monitoring plan es-
tablished and in effect under section 7.
(ii) The projected and actual prepara-
tion and implementation costs and dura-
tion of the project.
(iii) The projected and actual eco-
nomic benefits to local communities pro-
vided by the project.
(D) A description of any additional re-
sources or authorities needed by the Secretary
to implement and carry out the national pilot
program in an efficient and cost-effective man-
ner.
(4) NOTICE OF AVAILABILITY.—Not later than
the implementation date, and each January 15
thereafter, the Secretary shall publish in the Federal
Register a notice of availability of the most-recent
report to Congress required by this subsection.
(h) APPLICABILITY OF FEDERAL LAWS.—Nothing in
this section exempts any action authorized or required by
this section from any Federal law.
SEC. 5. SCIENTIFIC ADVISORY PANEL.
(a) ESTABLISHMENT.—There is established a panel
of scientific advisers to the Secretary to be known as the
‘‘Scientific Advisory Panel’’.
(b) COMPOSITION OF PANEL.—
(1) APPOINTMENT FROM LIST OF EXPERTS.—
The Scientific Advisory Panel shall consist of 11
members appointed as provided in subsection (c)
from a list, to be prepared by the National Academy
of Sciences, that consists of—
(A) persons with expertise in the natural
sciences who, through the publication of peer-
reviewed scientific literature have demonstrated
expertise in matters relevant to forest resource
management; and
(B) State foresters (or persons with similar
managerial expertise) who, through the publica-
tion of peer-reviewed scientific literature or
other similar evidence of significant scientific or
professional 
accomplishment, 
have 
dem-
onstrated expertise in matters relevant to forest
resource management.
(2) PREPARATION
OF
LIST.—The National
Academy of Sciences shall prepare the list required
by paragraph (1) not later than 30 days after the
date of the enactment of this Act. In the preparation
of the list, the National Academy of Sciences shall
consult with scientific and professional organizations
whose members have relevant experience in forest re-
source management.
(c) APPOINTMENT PROCESS.—The members of the
Scientific Advisory Panel shall be selected from the list
described in subsection (b) as follows:
(1) One member appointed by the Chairman of
the Committee on Agriculture of the House of Rep-
resentatives, in consultation with the ranking minor-
ity member of the Committee.
(2) One member appointed by the Chairman of
the Committee on Resources of the House of Rep-
resentatives, in consultation with the ranking minor-
ity member of the Committee.
(3) One member appointed by the Chairman of
the Committee on Agriculture, Nutrition, and For-
estry of the Senate, in consultation with the ranking
minority member of the Committee.
(4) One member appointed by the Chairman of
the Committee on Energy and Natural Resources of
the Senate, in consultation with the ranking minor-
ity member of the Committee.
(5) Three members appointed by the Secretary.
(6) Four members appointed by the National
Academy of Sciences.
(d) ADMINISTRATIVE MATTERS.—
(1) TIME
FOR
APPOINTMENT.—Appointments
of members of the Scientific Advisory Panel shall be
made as follows:
(A) The appointment of members under
paragraphs (1) through (4) of subsection (c)
shall be made within 30 days after the date on
which the list described in subsection (b) is first
made available.
(B) The appointment of members under
paragraphs (5) and (6) of subsection (c) shall
begin after the appointments required under
paragraphs (1) through (4) of such subsection
have been made so that the persons making the
appointments under paragraphs (5) and (6) of
such subsection can ensure that the require-
ment specified in subsection (e) for a balanced
representation of scientific disciplines on the
Scientific Advisory Panel is satisfied. The ap-
pointments shall be completed within 60 days
after the date on which the list described in
subsection (b) is first made available.
(2) TERM AND VACANCIES.—A member of the
Scientific Advisory Panel shall be appointed for a
term beginning on the date of the appointment and
ending on the implementation date. A vacancy on
the Scientific Advisory Panel shall be filled within
30 days in the manner in which the original appoint-
ment was made.
(3) COMMENCEMENT OF ACTIVITY.—The Sci-
entific Advisory Panel may commence its duties
under subsection (f) as soon as at least eight of the
members have been appointed under subsection (c).
At the initial meeting, the members of the Scientific
Advisory Panel shall select one member to serve as
chairperson.
(4) CONFLICT OF INTERESTS.—A person may
not serve as a member of the Scientific Advisory
Panel if the member has a conflict of interest with
regard to any of the duties to be performed by the
Scientific Advisory Panel under subsection (f). Deci-
sions regarding the existence of a conflict of interest
shall be made by the Scientific Advisory Panel.
(e) BALANCED REPRESENTATION
OF SCIENTIFIC
DISCIPLINES.—The Scientific Advisory Panel shall in-
clude at least one representative of each of the following:
(1) Hydrologist.
(2) Wildlife biologist.
(3) Fisheries biologist.
(4) Entomologist or pathologist.
(5) Fire ecologist.
(6) Silviculturist.
(7) Economist.
(8) Soil scientist.
(9) State forester or person with similar mana-
gerial expertise.
(f) DUTIES IN CONNECTION WITH IMPLEMENTA-
TION.—During the period beginning on the initial meeting
of the Scientific Advisory Panel and ending on the imple-
mentation date, the Scientific Advisory Panel shall be re-
sponsible for the following:
(1) The preparation and submission to the Sec-
retary and the Congress of recommendations regard-
ing the standards and criteria that should be used
to identify and prioritize recovery areas.
(2) The preparation of and submission to the
Secretary and the Congress of recommendations re-
garding a monitoring plan for the national pilot pro-
gram of sufficient scope to monitor the implementa-
tion and effectiveness of recovery projects conducted
under the national pilot program.
(g) CONSIDERATIONS.—In the development of its rec-
ommendations under subsection (f), the Scientific Advi-
sory Panel shall—
(1) consult as appropriate with region-specific
scientific experts in forest ecology, hydrology, wild-
life biology, entomology, pathology, soil science, eco-
nomics, social sciences, and other appropriate sci-
entific disciplines;
(2) consider the most current peer-reviewed sci-
entific literature regarding the duties undertaken by
the Panel; and
(3) incorporate information gathered during the
implementation of the advance recovery projects re-
quired under section 6.
(h) ALLOCATION
OF FOREST SERVICE PERSON-
NEL.—The Forest Service shall allocate administrative
support staff to the Scientific Advisory Panel to assist the
Panel in the performance of its duties as outlined in this
section.
(i) FEDERAL ADVISORY COMMITTEE ACT COMPLI-
ANCE.—The Scientific Advisory Panel shall be subject to
sections 10 through 14 of the Federal Advisory Committee
Act (5 U.S.C. App.).
SEC. 6. ADVANCE RECOVERY PROJECTS.
(a) SELECTION OF ADVANCE PROJECTS.—Not later
than 30 days after the date of the enactment of this Act,
the Secretary shall allocate amounts from the Forest Re-
covery and Protection Fund to Forest Service regions for
the purpose of conducting a limited number (as deter-
mined by the Secretary) of advance recovery projects on
Federal forest lands. The regional foresters of the Forest
Service (or the designees of the regional foresters) shall
select the advance recovery projects to be carried out
under this section. However, the selection of an advance
recovery project in a State shall be made in consultation
with the State forester of that State.
(b) SELECTION CRITERIA.—In selecting advance re-
covery projects, the regional foresters (and their des-
ignees) shall comply with the requirements of subsections
(e)(2) and (f) of section 4 applicable to the selection of
recovery projects under the national pilot program. Prior-
ity shall be given to projects on those Federal forest
lands—
(1) where the Regional Forester (in consulta-
tion with the appropriate State forester) has identi-
fied a significant risk of loss to human life and prop-
erty or serious resource degradation or destruction
due to wildfire, disease epidemic, severe insect infes-
tation, wind, flood, or other causes; or
(2) for which thorough forest resource assess-
ments have been completed, including Federal forest
lands in the Pacific Northwest, the Interior Colum-
bia Basin, the Sierra Nevada, the Southern Appa-
lachian Region, and the northern forests of Maine,
Vermont, New Hampshire, and New York.
(c) INITIATION OF PROJECT LEVEL ANALYSIS.—Not
later than 30 days after the date on which the Secretary
allocates amounts from the Forest Recovery and Protec-
tion Fund under subsection (a), the regional forester (or
the designees of the regional forester) in each region to
which amounts have been allocated shall initiate project
planning, including any activities required under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), for the advance recovery projects to be conducted
in that region.
(d) EFFECT OF FAILURE TO COMPLY WITH TIME
PERIODS.—If the deadline for the initiation of project
planning specified under subsection (c) is not met for any
advance recovery project, the Secretary may not use
amounts in the Forest Recovery and Protection Fund to
carry out the project and shall promptly reimburse the
Fund for any expenditures previously made from the Fund
in connection with the project.
(e) REPORTING REQUIREMENTS.—Not later than the
implementation date, and annually thereafter until com-
pletion of all advance recovery projects, the Secretary shall
submit to Congress a report on the implementation of ad-
vance recovery projects. The report shall consist of a de-
scription of the accomplishments of each advance recovery
project and incorporate the requirements of section
4(g)(3).
(f) NOTICE OF AVAILABILITY.—The Secretary shall
publish in the Federal Register a notice of the availability
of each report to Congress required by this section.
(g) APPLICABILITY OF FEDERAL LAWS.—Nothing in
this section exempts any advance recovery project author-
ized or required by this section from any Federal law.
SEC. 7. MONITORING PLAN.
(a) PLAN REQUIRED.—Not later than the implemen-
tation date, the Secretary shall prepare and submit to
Congress a monitoring plan for the national pilot program
of sufficient scope to monitor the implementation and ef-
fectiveness of recovery projects conducted under sections
4 and 6.
(b) RECOMMENDATIONS OF SCIENTIFIC ADVISORY
PANEL.—In preparing the monitoring plan required under
subsection (a), the Secretary shall consider the monitoring
plan recommended by the Scientific Advisory Panel under
section 5(f). The Secretary shall include with the monitor-
ing plan submitted to Congress under subsection (a) an
explanation of any significant differences between the rec-
ommendations of the Scientific Advisory Panel and the
monitoring plan actually submitted to Congress.
SEC. 8. FOREST RECOVERY AND PROTECTION FUND.
(a) ESTABLISHMENT.—There is established on the
books of the Treasury a fund to be known as the ‘‘Forest
Recovery and Protection Fund’’. The Chief of the Forest
Service shall be responsible for administering the Fund.
(b) CREDITS
TO FUND.—During the time period
specified in section 9(a), there shall be credited to the
Fund the following:
(1) Amounts authorized for and appropriated to
the Fund.
(2) Unobligated amounts in the roads and trails
fund provided for in the fourteenth paragraph under
the heading ‘‘FOREST SERVICE’’ of the Act of
March 4, 1913 (37 Stat. 843; 16 U.S.C. 501) as of
the date of the enactment of this Act, and all
amounts which would otherwise be deposited in such
fund after such date.
(3) Amounts required to be reimbursed to the
Fund under subsection (d) or section 6(d).
(c) USE OF FUND.—
(1) AUTHORIZED USES.—Amounts in the Fund
shall be available to the Secretary, without further
appropriation—
(A) to carry out the national pilot pro-
gram;
(B) to plan, carry out, and administer re-
covery projects under sections 4 and 6;
(C) to administer the Scientific Advisory
Panel; and
(D) to pay for the monitoring program es-
tablished under section 7.
(2) EFFECT OF COMPLETION.—Upon comple-
tion of all recovery projects for which planning was
initiated under section 4(e)(1), and the contracts
identified in section 9(c), all remaining amounts in
the Fund shall be transferred to the general fund of
the Treasury.
(d) EFFECT OF FAILURE TO COMPLY WITH ANNUAL
DEADLINES.—
(1) PROHIBITION ON USE OF FUND.—The Sec-
retary may not use amounts in the Fund—
(A) to allocate monies to regions of the
Forest Service during a fiscal year under sec-
tion 4(d)(1), if the deadlines specified in such
section are not met for that fiscal year; or
(B) to carry out a recovery project, if the
final decision on project planning is not initi-
ated within the time frame required by section
4(e)(1).
(2) FUND REIMBURSEMENT.—If the deadlines
referred to in paragraph (1)(A) are not met for a
particular fiscal year, the Secretary shall promptly
reimburse the Fund for any expenditures previously
made from the Fund in connection with the alloca-
tion of monies to regions of the Forest Service dur-
ing that fiscal year. If the time frame referred to in
paragraph (1)(B) is not met for a particular recov-
ery project, the Secretary shall promptly reimburse
the Fund for any expenditures previously made to
carry out that recovery project.
(e) LIMITATION
ON OVERHEAD
AND OTHER EX-
PENSES.—
(1) OVERHEAD
EXPENSES.—The Secretary
shall not allocate or assign overhead expenses to the
Fund or to any of the activities or programs author-
ized by sections 4 through 10.
(2) SCIENTIFIC
ADVISORY
PANEL.—The Sec-
retary may allocate up to $1,000,000 from the Fund
to finance the operation of the Scientific Advisory
Panel.
(3) MONITORING PLAN.—The Secretary may al-
locate up to $500,000 from the Fund during a fiscal
year to implement the monitoring plan established
under section 7.
(4) PROHIBITION ON USE OF ANY FUNDS TO
CONSTRUCT
NEW, PERMANENT
ROADS.—For pur-
poses of the recovery projects authorized by this Act,
amounts in the Fund shall not be used, either di-
rectly through direct allocations from the Fund, or
indirectly through allocations to recovery projects
from other Forest Service accounts, for the con-
struction of new, permanent roads.
(f) TREATMENT
OF REVENUES FROM RECOVERY
PROJECTS.—All revenues generated by recovery projects
undertaken pursuant to sections 4 and 6 shall be paid,
at the end of each fiscal year, to the States pursuant to
the formula for distribution to the States under the sixth
paragraph under the heading ‘‘FOREST SERVICE’’ in
the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500),
and section 13 of the Act of March 1, 1911 (36 Stat. 963;
commonly known as the Weeks Act; 16 U.S.C. 500).
(g) CONFORMING
AMENDMENT.—The fourteenth
paragraph under the heading ‘‘FOREST SERVICE’’ of
the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501),
is amended by adding at the end the following new sen-
tence: ‘‘During the term of the Forest Recovery and Pro-
tection Fund, as established by section 8 of the Forest
Recovery and Protection Act of 1998, amounts reserved
under the authority of this paragraph shall be deposited
into that Fund.’’.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act for the
fiscal year in which this Act is enacted and each fiscal
year thereafter through September 30, 2005, or Septem-
ber 30 of the fifth full fiscal year following the implemen-
tation date, whichever is later.
(b) DEPOSIT IN FUND.—All sums appropriated pur-
suant to this section shall be deposited in the Forest Re-
covery and Protection Fund.
(c) EFFECT ON EXISTING PROJECTS.—Any contract
regarding a recovery project entered into before the end
of the final fiscal year specified in subsection (a), and still
in effect at the end of such fiscal year, shall remain in
effect until completed pursuant to the terms of the con-
tract.
SEC. 10. AUDIT REQUIREMENTS.
(a) ANNUAL REPORT VERIFICATION.—At the request
of any committee chairman identified in section 5(c), the
Comptroller General shall submit to Congress a report as-
sessing the accuracy of an annual report prepared by the
Secretary pursuant to section 4(g). The Comptroller Gen-
eral’s report shall be completed as soon as practicable fol-
lowing the date of the publication by the Secretary of the
annual report for which the request under this subsection
was made.
(b) NATIONAL PILOT PROGRAM AUDIT.—At the re-
quest of any committee chairman identified in section 5(c),
the Comptroller General shall conduct an audit of the na-
tional pilot program at the end of the fourth full fiscal
year following the implementation date.
(c) ELEMENTS OF AUDIT.—The audit under sub-
section (b) shall include an analysis of the following:
(1) Whether advance recovery projects, the na-
tional pilot program, and the administration of the
Forest Recovery and Protection Fund were carried
out in a manner consistent with the provisions of
this Act.
(2) The impact of the advance recovery projects
conducted under section 6 on the development and
implementation of the national pilot program.
(3) The extent to which the recommendations of
the Scientific Advisory Panel were used to develop
the standards and criteria established under section
4(b) and the monitoring plan under section 7.
(4) The extent to which the Secretary has car-
ried out the monitoring plan required under section
7 and the extent to which the monitoring plan has
been successful in monitoring the implementation
and effectiveness of recovery projects.
(5) The current and projected future financial
status of the Forest Recovery and Protection Fund.
(6) Any cost savings or efficiencies achieved
under the national pilot program.
(7) Any other aspect of the implementation of
this Act considered appropriate by the chairman or
chairmen requesting the audit.
SEC. 11. FOREST INVENTORY AND ANALYSIS.
(a) PROGRAM REQUIRED.—The Secretary shall es-
tablish a program to inventory and analyze, in a timely
manner, public and private forests in the United States.
(b) ANNUAL STATE INVENTORY.—Subject to sub-
section (c), not later than the end of each full fiscal year
beginning after the date of the enactment of this Act, the
Secretary shall prepare for each State, in cooperation with
the State forester for that State, an inventory of the for-
ests in that State. For purposes of preparing the inventory
for a State, the Secretary shall measure annually 20 per-
cent of all sample plots that are included in the inventory
program for that State. Upon completion of each annual
inventory, the Secretary shall make available to the public
a compilation of all data collected from the year’s meas-
urements of sample plots and any analysis of such sam-
ples.
(c) MODIFICATIONS.—At the request of the State for-
ester (or equivalent State officer) of a State, the Secretary
may modify for that State the time interval for preparing
forest inventories, the percentage of sample plots to be
measured annually, or the requirements for making data
available to the public required under subsection (b), ex-
cept that 100 percent of the sample plots in the inventory
program for that State shall be measured, appropriate
analysis of such samples shall be conducted, and cor-
responding data shall be compiled during the time inter-
vals described in subsection (d).
(d) 5-YEAR REPORTS.—At intervals not greater than
every five full fiscal years after the date of the enactment
of this Act, the Secretary shall prepare, publish, and make
available to the public a report, prepared in cooperation
with State foresters, that—
(1) contains a description of each State inven-
tory of forests, incorporating all sample plot meas-
urements conducted during the five years covered by
the report;
(2) displays and analyzes on a nationwide basis
the results of the State reports required by sub-
section (b); and
(3) contains an analysis of forest health condi-
tions and trends over the previous two decades, with
an emphasis on such conditions and trends during
the period subsequent to the immediately preceding
report under this subsection.
(e) NATIONAL STANDARDS AND DEFINITIONS.—To
ensure uniform and consistent data collection for all public
and private forest ownerships and each State, the Sec-
retary shall develop, in consultation with State foresters
and Federal land management agencies not within the ju-
risdiction of the Secretary, and publish national standards
and definitions to be applied in inventorying and analyzing
forests under this section. The standards shall include a
core set of variables to be measured on all sample plots
under subsection (b) and a standard set of tables to be
included in the reports under subsection (d).
(f) PROTECTION FOR PRIVATE PROPERTY RIGHTS.—
The Secretary shall obtain written authorization from
property owners prior to collecting data from sample plots
located on private property pursuant to subsections (b)
and (c). Nothing in this section shall be construed to au-
thorize the Secretary (directly or through the use of State
foresters or other persons) to regulate privately held forest
lands, the use of privately held forest lands, or the re-
sources located on privately held forest lands.
(g) STRATEGIC PLAN.—Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
prepare and submit to Congress a strategic plan to imple-
ment and carry out this section, including the annual up-
dates required by subsection (b), any modifications made
to pursuant to subsection (c), and the reports required by
subsection (d). The strategic plan shall describe in detail
the following:
(1) The financial resources required to imple-
ment and carry out this section, including the identi-
fication of any resources required in excess of the
amounts provided for forest inventorying and analy-
sis in recent appropriations Acts.
(2) The personnel necessary to implement and
carry out this section, including any personnel in ad-
dition 
to 
personnel 
currently 
performing
inventorying and analysis functions.
(3) The organization and procedures necessary
to implement and carry out this section, including
proposed coordination with Federal land manage-
ment agencies and State foresters.
(4) The schedules for annual sample plot meas-
urements in each State inventory required by sub-
section (b), as modified for that State under sub-
section (c), within the first five-year interval after
the date of the enactment of this Act.
(5) The core set of variables to be measured in
each sample plot under subsections (b) and (c) and
the standard set of tables to be used in each State
and national report under subsection (d).
(6) The process for employing, in coordination
with the Department of Energy and the National
Aeronautics and Space Administration, remote sens-
ing, global positioning systems, and other advanced
technologies to carry out this section, and the subse-
quent use of such technologies.
Æ