I 
108TH CONGRESS 
1ST SESSION 
H. R. 835
To provide for enhanced collaborative forest stewardship management within 
the Clearwater and Nez Perce National Forests in Idaho, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2003
Mr. OTTER (for himself and Mr. SIMPSON) introduced the following bill; which 
was referred to the Committee on Resources, and in addition to the Com-
mittee on Agriculture, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To provide for enhanced collaborative forest stewardship 
management within the Clearwater and Nez Perce Na-
tional Forests in Idaho, 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. 
This Act may be cited as the ‘‘Clearwater Basin 
Project Act’’. 
SEC. 2. FINDINGS AND DEFINITIONS. 
(a) FINDINGS.—Congress finds the following:
(1) Elk populations within the Clearwater 
Basin in the State of Idaho have diminished dras-
tically, in part because of lack of forage and habitat 
within the Clearwater and Nez Perce National For-
ests. 
(2) Populations of salmon and steelhead within 
the Clearwater Basin are listed as endangered or 
threatened, and restoration and protection of habitat 
within the Clearwater and Nez Perce National For-
ests will assist the recovery of these species. 
(3) The Red and American River drainages 
within the Clearwater Basin are experiencing large 
forest insect infestations and fuel loads that increase 
the risk of catastrophic fire and extensive destruc-
tion of fish, wildlife, and other forest ecosystem and 
community values. 
(4) Other Clearwater and Nez Perce National 
Forest areas within the Clearwater Basin present 
similar issues that are related to forest conditions 
outside the historic range of variability and other 
factors. 
(5) Communities within the Clearwater Basin 
are dependent upon sustainable, healthy forest con-
ditions for employment and other economic benefits, 
protection of property, and quality of life.
(6) The Clearwater Basin is an area of signifi-
cant importance to the Nez Perce Tribe and mem-
bers of that Tribe continue to exercise treaty-re-
served hunting and fishing rights in the Basin. 
(7) In order to protect and improve habitat for 
elk, salmon, steelhead and other key fish and wildlife 
species, reduce threats of catastrophic fire, and 
achieve other forest stewardship objectives, there is 
a need for vegetation treatments and other restora-
tion and enhancement actions on National Forest 
System land in the Clearwater Basin. 
(8) A pilot project, in which an advisory group 
and the Forest Service engage with the Nez Perce 
Tribe and other interested parties to identify and 
complete high priority activities through a collabo-
rative approach, will address a compelling need to 
improve ecosystem health for fish, wildlife, and other 
community values and complement existing manage-
ment of the Clearwater and Nez Perce National For-
ests. 
(b) DEFINITIONS.—In this Act: 
(1) The terms ‘‘Clearwater Advisory Panel’’ 
and ‘‘CAP’’ mean the advisory group established by 
the Secretary under section 3.
(2) The terms ‘‘Clearwater Basin Pilot Project’’ 
and ‘‘pilot project’’ mean the pilot project for certain 
National Forest System lands in the Clearwater 
Basin authorized by section 4. 
(3) The term ‘‘pilot project area’’ means the 
area described in section 4(a) in which the pilot 
project will be conducted. 
(4) The term ‘‘Secretary’’ means the Secretary 
of Agriculture. 
(5) The term ‘‘stewardship contract’’ means a 
contract to achieve land management goals for Na-
tional Forest System lands that meet local and rural 
community needs, as further described in section 
347 of the Department of the Interior and Related 
Agencies Appropriations Act, 1999 (as contained in 
section 101(e) of division A of Public Law 105–277; 
16 U.S.C. 2104 note). 
(6) The term ‘‘stewardship objectives’’ means 
objectives that enhance forest ecosystems, and re-
store and improve land health and water quality, 
such as—
(A) road, trail, and infrastructure mainte-
nance or obliteration; 
(B) soil productivity improvement;
(C) improvements in forest ecosystem 
health; 
(D) watershed restoration and mainte-
nance; 
(E) restoration, maintenance and improve-
ment of wildlife and fish habitat; 
(F) control of noxious weeds; and 
(G) reestablishment of native species. 
SEC. 3. CLEARWATER ADVISORY PANEL. 
(a) ESTABLISHMENT AND PURPOSE.—The Secretary 
shall establish an advisory group, to be known as the 
‘‘Clearwater Advisory Panel’’, for the purpose of improv-
ing collaborative relationships and providing advice and 
recommendations to the Forest Service regarding the 
Clearwater Basin pilot project and activities under the 
pilot project, as authorized by and consistent with this 
Act. 
(b) DUTIES.—The CAP shall—
(1) review and make recommendations to the 
Forest Service regarding activities proposed for high 
priority implementation as part of the pilot project 
under this Act; 
(2) provide early and continuous coordination 
with appropriate Forest Service and other agency of-
ficials in reviewing and recommending activities for 
high priority implementation under this Act; 
(3) provide frequent opportunities for citizens, 
organizations, tribes, agencies, and other interested 
parties to participate openly and meaningfully, be-
ginning at the early stages of the activity schedule 
development process under this Act. 
(c) APPOINTMENT OF MEMBERS.—
(1) APPOINTMENT AND TERM.—Consistent with 
subsection (d), the Secretary shall appoint the mem-
bers of the CAP. A member of the CAP shall serve 
for a term of three years beginning on the date of 
appointment. The Secretary may reappoint members 
to subsequent three-year terms. 
(2) INITIAL
APPOINTMENT.—The Secretary 
shall make initial appointments to the CAP not later 
than 90 days after the date of the enactment of this 
Act. 
(3) VACANCIES.—The Secretary shall make ap-
pointments to fill vacancies on the CAP as soon as 
practicable after the vacancy has occurred. 
(4) COMPENSATION.—Members of the CAP 
shall serve without compensation. 
(d) COMPOSITION.—
(1) NUMBER.—The CAP shall be comprised of 
15 members. 
(2) COMMUNITY INTERESTS REPRESENTED.—
Committee members shall be representative of the 
interests of the following three categories: 
(A) Five persons who—
(i) represent organized labor; 
(ii) represent developed outdoor recre-
ation, off highway vehicle users, or com-
mercial recreation activities; 
(iii) represent energy and mineral de-
velopment interests; 
(iv) represent the commercial timber 
industry; or 
(v) hold Federal grazing permits, or 
other land use permits within the pilot 
project area. 
(B) Five persons representing—
(i) 
nationally 
recognized 
environ-
mental organizations; 
(ii) regionally or locally recognized en-
vironmental organizations; 
(iii) dispersed recreational activities; 
(iv) archeaological and historical in-
terests; or
(v) nationally or regionally recognized 
fish and wildlife interest groups. 
(C) Five persons who—
(i) hold State elected office or their 
designee; 
(ii) hold county or local elected office; 
(iii) represent Indian Tribes within or 
adjacent to the pilot project area; 
(iv) are school officials or teachers; or 
(v) represent the affected public at 
large. 
(3) BALANCED
REPRESENTATION.—The Sec-
retary shall provide for balanced and broad rep-
resentation from within each category described in 
paragraph (2). 
(4) GEOGRAPHIC
DISTRIBUTION.—The mem-
bers of the CAP shall reside within the State of 
Idaho and, to the extent practicable, within or adja-
cent to the pilot project area. 
(e) APPROVAL PROCEDURES.—
(1) ESTABLISHMENT.—Subject to paragraph 
(2) and the other requirements of this Act, the CAP 
shall establish procedures for proposing, developing, 
and reviewing activities and schedules for rec-
ommendation to the Forest Service for approval and
implementation under the pilot project. A quorum 
must be present to constitute an official meeting of 
the CAP. 
(2) MAJORITY VOTE.—An activity or schedule 
may be recommended by the CAP to the applicable 
Forest Supervisor for approval and implementation 
under the pilot program if it has been approved by 
a majority of CAP members from each of the three 
categories described in subsection (d)(2). 
(f) OTHER AUTHORITIES AND REQUIREMENTS.—
(1) STAFF ASSISTANCE.—The CAP may submit 
to the Secretary a request for staff assistance from 
Federal employees under the jurisdiction of the Sec-
retary. 
(2) MEETINGS.—All meetings of the CAP shall 
be announced at least one week in advance in a local 
newspaper of record and shall be open to the public. 
(3) 
RECORDS.—The 
CAP 
shall 
maintain 
records of the meetings of the panel and make the 
records available for public inspection. 
(4) CHAIRPERSON.—A majority on the CAP 
shall select the chairperson of the CAP. 
SEC. 4. CLEARWATER BASIN PILOT PROJECT. 
(a) PILOT PROJECT REQUIRED.—The Secretary shall 
conduct a pilot project under this section, to be known
as the ‘‘Clearwater Basin pilot project’’, on those National 
Forest System lands encompassed by the North Fork, 
Powell, and Lochsa Ranger Districts of the Clearwater 
National Forest in the State of Idaho, and the Red River/
Elk City, Moose Creek and Clearwater Ranger Districts 
of the Nez Perce National Forest in the State of Idaho. 
(b) ROLE OF CAP.—The CAP shall review and rec-
ommend activities for high priority implementation within 
the pilot project area that are authorized under this Act, 
according to the requirements of this Act. 
(c) AUTHORIZED ACTIVITIES.—The CAP may rec-
ommend activities for which funding is authorized and ap-
propriated under this Act or other law. The activities that 
the CAP recommends for implementation under the pilot 
project shall be those activities that the CAP determines 
are high priority to implement stewardship objectives. 
(d) STEWARDSHIP CONTRACTS.—A total of four 
stewardship contracts may be entered into as part of the 
pilot project. The stewardship contracts shall be divided 
equally between the two national forests referred to in sub-
section (a). These contracts are in addition to any stew-
ardship contracts authorized under any other law. 
(e) ACTIVITY SCHEDULES.—
(1) DEVELOPMENT.—Within two years after 
the date of the enactment of this Act, the CAP shall
develop and submit for Forest Supervisor review 
schedules of high priority activities to be commenced 
within the pilot project area for the ensuing five-year 
period. Separate schedules shall be developed for the 
Clearwater National Forest portion of the pilot 
project area and the Nez Perce National Forest por-
tion of the pilot project area. Thereafter, the CAP 
shall develop and submit in advance schedules for 
subsequent following five-year periods. 
(2) CONSULTATION.—The CAP shall prepare 
the schedules in consultation with, and with tech-
nical assistance from, the applicable Forest Super-
visor. The CAP shall also consult with the Nez 
Perce Tribe in developing and recommending each 
five-year schedule. The Forest Service shall consult 
with the Tribe to assure that the activities in the 
schedule are consistent with treaty and any other 
obligations to the Tribe. 
(3) CONTENT.—Each five-year schedule shall 
be in sufficient detail to describe the high priority 
activities to be conducted in the pilot project area 
over the five-year period and the timing for their im-
plementation, and to allow reasonable site-specific, 
project level evaluation of their environmental ef-
fects. The scope of the activities included in each
schedule shall be reasonably adjusted to the extent 
that the CAP and applicable Forest Supervisor de-
termine necessary to allow such evaluation to be 
completed within the time periods provided by this 
Act. 
(4) CONSISTENCY
WITH
FOREST
PLAN.—The 
activities included within the five-year schedules 
shall be consistent with the applicable forest land 
and resource management plan. The schedule may 
include any amendment of the applicable forest land 
and resource management plan that the CAP rec-
ommends or that the applicable Forest Supervisor 
determines is necessary to allow or facilitate imple-
mentation of one or more activities in the schedule. 
(f) NEPA REQUIREMENTS AND RELATED PROCE-
DURES.—
(1) PROCESS.—The Forest Service shall con-
duct any applicable procedures under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) for the approval, at the site-specific, project 
level, of the activities in each five-year schedule, 
tiered to the extent appropriate to the environmental 
impact statement for the applicable forest land and 
resource management plan. The procedures under 
such Act, and any review, consultation, or coordina-
tion under other laws, including the Forest and 
Rangeland Renewable Resources Planning Act of 
1974 (16 U.S.C. 1600 et seq.), Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.), and National 
Historic Preservation Act (16 U.S.C. 470), shall be 
completed within one year after the Forest Service, 
in consultation with the CAP, issues the public 
scoping notice regarding the proposed schedule. 
(2) RESOURCES.—The Forest Service, and any 
other Federal agencies involved in the process de-
scribed in paragraph (1), shall provide sufficient per-
sonnel and other resources, directly or through con-
tracting, to complete the review, consultation, or co-
ordination within the required one-year period, and 
without substantially delaying implementation of 
other forest management activities in Region 1 of 
the Forest Service. The Forest Service and other in-
volved agencies may rely upon or use any analysis, 
documents, or procedures previously performed 
under the National Environmental Policy Act of 
1969 or other law for any activity in the schedule. 
(3) EFFECT OF FAILURE TO COMPLETE PROC-
ESS.—If any review, consultation, or coordination re-
quired under the National Environmental Policy Act 
of 1969 or other law has not been completed for a
schedule within the required one-year period, the 
lack of completion shall not be a basis for chal-
lenging or delaying submittal, approval, or imple-
mentation of an activity in the schedule, if the appli-
cable Forest Supervisor, in consultation with the 
CAP, finds that sufficient review, consultation, and 
coordination regarding the activity has occurred and 
a sufficient record exists to make a reasoned deci-
sion regarding approval of the activity. 
(g) REVIEW BY FOREST SUPERVISOR.—
(1) SUBMISSION.—The CAP shall submit a 
final recommendation regarding each five-year 
schedule, together with the record of the review, con-
sultation, and coordination performed under sub-
section (f) for the schedule, to the applicable Forest 
Supervisor for review. The final recommendation 
and record shall be submitted to the Forest Super-
visor at least 30 days in advance of the date for 
commencing implementation of activities under the 
schedule. 
(2) REVIEW.—Within 30 days after receiving 
the CAP-recommended schedule and record, the 
Forest Supervisor shall issue a project or activity de-
cision document regarding review of the rec-
ommended schedule in accordance with the National
Environmental Policy Act of 1969 and any other ap-
plicable procedures. In the decision document, the 
Forest Supervisor may approve the schedule, place 
conditions on implementing the schedule, or dis-
approve the schedule and return it to the CAP for 
further consideration with instructions. If the Forest 
Supervisor has not issued a decision document upon 
expiration of the 30-day period, the schedule shall be 
deemed approved by the Forest Supervisor and sub-
ject to administrative appeal under Department of 
Agriculture procedures applicable to Forest Service 
project or activity record of decision or decision no-
tice documents issued pursuant to the National En-
vironmental Policy Act of 1969. 
(h) IMPLEMENTATION.—Upon approval of the sched-
ule, but subject to any stay that may be in effect pursuant 
to Forest Service project or activity administrative appeal 
procedures, the Forest Service may issue permits, con-
tracts, and other authorizations for activities in the sched-
ule. 
(i) ACTIVITIES NOT INCLUDED IN A 5-YEAR SCHED-
ULE; AMENDMENT OF SCHEDULE.—An activity that the 
CAP determines should proceed in advance of approval of 
the first five-year schedule, or an activity in the pilot 
project area that is not included in a five-year schedule,
may be approved and implemented on an individual or 
grouped basis, upon completing the process and require-
ments for review and approval of a five-year schedule. A 
five-year schedule may be amended upon completing the 
process and requirements for review and approval of the 
schedule. 
(j) RELATION TO OTHER SCHEDULES, PLANS AND 
ACTIVITIES.—The five-year schedules and activities au-
thorized under the pilot project shall supplement other 
schedules, plans, and projects or other activities author-
ized and implemented under other law. Upon CAP rec-
ommendation and applicable Forest Supervisor approval, 
an activity that is included in another schedule or plan 
or proposed, authorized, or funded under other law may 
be authorized and implemented as an activity under the 
pilot project, if the activity meets the requirements of this 
section for implementation as a high priority activity. 
SEC. 5. MONITORING AND REPORTING REQUIREMENTS. 
(a) REPORT ON APPLICABLE RULES AND REGULA-
TIONS.—The CAP may submit to the Secretary, the Com-
mittee on Energy and Natural Resources of the Senate 
and the Committee on Resources of the House of Rep-
resentatives a compilation of regulations applicable to the 
pilot project that the CAP determines are inappropriate
for the pilot project, incompatible with the pilot project, 
or unduly burdensome in conducting the pilot project. 
(b) 
MONITORING, 
ANNUAL
REPORT
ON
THE 
PROJECT.—The Secretary shall monitor the activities and 
achievements in the pilot project area under the pilot 
project. Not later than two years after the date of the en-
actment of this Act, and each year thereafter during the 
pilot project, the Secretary shall submit a report to the 
Committee on Energy and Natural Resources of the Sen-
ate and the Committee on Resources of the House of Rep-
resentatives on the results of such monitoring, including 
detailed information on the sources and uses of funds and 
the status, outputs, and other results accomplished for 
each activity recommended for priority implementation by 
the CAP under the pilot project. 
(c) STATE OF IDAHO REPORT.—The Secretary shall 
request the State of Idaho to prepare a report, through 
the University of Idaho College of Natural Resources or 
other source, reviewing the activities and achievements of 
the pilot project in the pilot project area. The Secretary 
shall request the State to prepare and submit the report 
at five-year intervals to the Secretary, the Committee on 
Energy and Natural Resources of the Senate, and the 
Committee on Resources of the House of Representatives. 
The requested report should include an assessment of
whether, and to what extent, the activities conducted 
under the pilot project are meeting or enhancing the ac-
complishment of stewardship objectives. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary such sums 
as may be necessary for the following purposes: 
(1) Developing, submitting, reviewing, and im-
plementing five-year schedules and priority activities 
under the pilot project, including the stewardship 
contracts authorized by this Act. 
(2) Other CAP activities and technical assist-
ance to the CAP for purposes of the pilot project. 
(3) Monitoring and reporting requirements 
under section 5. 
(4) Such other actions as are necessary to im-
plement this Act. 
(b) DURATION OF AUTHORIZATION.—The authoriza-
tion of appropriations in subsection (a) shall apply 
through fiscal year 2012. 
(c) AVAILABILITY.—Amounts appropriated for the 
purposes specified in subsection (a) shall remain available 
until expended. 
(d) TREATMENT
OF RECEIPTS.—Notwithstanding 
the Secure Rural Schools and Community Self-Determina-