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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oceans Act of 1998''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Commission.--The term ``Commission'' means the 
        Commission on Ocean Policy established under section 4.
            (2) Coastal state.--The term ``coastal State'' means a 
        State in, or bordering on, the Atlantic, Pacific, or Arctic 
        Ocean, the Gulf of Mexico, Long Island Sound, or one or more of 
        the Great Lakes.
            (3) Marine environment.--The term ``marine environment'' 
        includes--
                    (A) the oceans, including coastal and offshore 
                waters and nearshore saltwater estuaries;
                    (B) the continental shelf; and
                    (C) the Great Lakes.
            (4) Ocean and coastal activities.--The term ``ocean and 
        coastal activities'' includes activities consisting of, 
        affecting, or otherwise related to oceanography, fisheries, or 
        the management or use of any ocean and coastal resource. The 
        term does not include military operations and training.
            (5) Ocean and coastal resource.--The term ``ocean and 
        coastal resource'' means any living or nonliving natural, 
        historic, or cultural resource or mineral found in the marine 
        environment.
            (6) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States.

SEC. 3. EXECUTIVE RESPONSIBILITIES.

    (a) National Ocean and Coastal Policy.--The Congress and the 
President, after receiving and considering the report of the Commission 
under section 4, shall develop and propose a coordinated, 
comprehensive, and long-range national policy for the responsible use 
and stewardship of ocean and coastal resources for the benefit of the 
United States, including a plan to meet the resource monitoring and 
assessment facilities and equipment requirements of Federal ocean and 
coastal programs.
    (b) Biennial Report.--Beginning in January 1999, the President 
shall transmit to the Congress biennially a report that shall include a 
detailed listing of all existing Federal programs relating to ocean and 
coastal activities, including a description of each program, the 
current funding for the program, and a projection of the funding level 
for the program for each of the following 5 fiscal years.
    (c) Budget Coordination.--Each agency or department involved in 
ocean and coastal activities shall include with its annual request for 
appropriations a report that identifies significant elements of the 
proposed agency or department budget relating to ocean and coastal 
activities.
    (d) Cooperation and Consultation.--In carrying out responsibilities 
under this Act, the President--
            (1) may use such staff, interagency, and advisory 
        arrangements as the President finds necessary and appropriate; 
        and
            (2) shall consult with State and local governments and non-
        Federal organizations and individuals involved in ocean and 
        coastal activities.

SEC. 4. COMMISSION ON OCEAN POLICY.

    (a) Establishment.--
            (1) In general.--There is hereby established the Commission 
        on Ocean Policy.
            (2) Membership.--(A) The Commission shall be composed of 16 
        members appointed by the President from among individuals who 
        are knowledgeable in ocean and coastal activities, including 
        individuals representing State and local governments, ocean-
        related industries, academic and technical institutions, and 
        public interest organizations involved with scientific, 
        regulatory, economic, and environmental ocean and coastal 
        activities. The membership of the Commission shall be balanced 
        geographically to the extent consistent with maintaining the 
        highest level of expertise on the Commission.
            (B) Of the members of the Commission appointed under this 
        paragraph--
                    (i) 4 shall be appointed from a list of 8 
                individuals who shall be recommended by the majority 
                leader of the Senate in consultation with the Chairman 
                of the Senate Committee on Commerce, Science, and 
                Transportation;
                    (ii) 4 shall be appointed from a list of 8 
                individuals who shall be recommended by the Speaker of 
                the House of Representatives in consultation with the 
                Chairmen of the Committee on Resources, Transportation 
                and Infrastructure, and Science;
                    (iii) 2 shall be appointed from a list of 4 
                individuals who shall be recommended by the minority 
                leader of the Senate in consultation with the ranking 
                member of the Senate Committee on Commerce, Science, 
                and Transportation; and
                    (iv) 2 shall be appointed from a list of 4 
                individuals who shall be recommended by the by the 
                minority leader of the House of Representatives in 
                consultation with the ranking members of the Committees 
                on Resources, Transportation and Infrastructure, and 
                Science.
            (C) The members of the Commission shall be appointed for 
        the life of the Commission by not later than 90 days after the 
        date of the enactment of this Act.
            (3) First meeting.--The Commission shall hold its first 
        meeting within 30 days after it is established.
            (4) Chairman.--The Commission shall elect one of its 
        members as Chair.
    (b) Report.--
            (1) In general.--The Commission shall submit to the 
        Congress and the President, by not later than 18 months after 
        the date of the establishment of the Commission, a final report 
        of its findings and recommendations regarding United States 
        ocean policy.
            (2) Public and state review.--Before submitting the final 
        report to the Congress, the Commission shall--
                    (A) publish in the Federal Register a notice that 
                the draft report is available for public review; and
                    (B) provide a copy of the draft report to the 
                Governor of each coastal State, the Committees on 
                Resources, Transportation and Infrastructure, and 
                Science of the House of Representatives, and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate.
            (3) Final report contents, generally.--Subject to paragraph 
        (4), the final report of the Commission shall include 
        recommendations for the responsible use and stewardship of 
        ocean and coastal resources, including the following:
                    (A) Recommendations for any modifications to United 
                States laws and regulations, and the administrative 
                structure of the Executive agencies, that are necessary 
                to improve the understanding, management, and 
                conservation and use of, and access to, ocean and 
                coastal resources.
                    (B) An assessment of the condition and adequacy of 
                existing and planned facilities associated with ocean 
                and coastal activities, including human resources, 
                vessels, computers, satellites, and other appropriate 
                platforms and technologies, and recommendations for 
                investments and improvements in those facilities.
                    (C) A review of existing and planned ocean and 
                coastal activities of Federal entities, and 
                recommendations for changes in such activities 
                necessary to reduce duplication of Federal efforts.
                    (D) A review of the cumulative effect of Federal 
                laws and regulations on United States ocean policy, an 
                examination of those laws and regulations for 
                inconsistencies and contradictions that might adversely 
                affect the conduct of ocean and coastal activities, and 
                recommendations for resolving any such inconsistencies. 
                In particular, this portion of the report shall include 
                an examination of the relationship between the 
                fisheries development and fisheries conservation 
                responsibilities of the National Marine Fisheries 
                Service.
                    (E) A review of the known and anticipated supply of 
                and demand for ocean and coastal resources of the 
                United States.
                    (F) A review of the relationship between Federal, 
                State, and local governments and the private sector in 
                planning and carrying out ocean and coastal activities, 
                and recommendations for enhancing the role of State and 
                local governments.
                    (G) A review of opportunities for the development 
                of or investment in new products, technologies, or 
                markets related to ocean and coastal activities.
                    (H) A review of previous and ongoing State efforts 
                and Federal efforts to enhance the effectiveness and 
                integration of ocean activities, including those 
                occurring offshore and in nearshore saltwater 
                estuaries.
            (4) State comments.--The Commission shall include in the 
        final report comments received from the Governor of any coastal 
        State regarding recommendations in the draft report that apply 
        to areas within the boundaries of that coastal State.
            (5) Consideration of factors.--In making its assessments 
        and reviews and developing its recommendations, the Commission 
        shall give full and balanced consideration to environmental, 
        technical, economic, and other relevant factors, with an equal 
        opportunity for all parties to present a fair and reasonable 
        case for unbiased consideration by the Commission. All 
        recommendations should consider effects on private property. To 
        the greatest extent possible, no recommendations shall have a 
        negative impact on local economies that are dependent on ocean 
        and coastal resources. Any data used by the Commission in 
        making its recommendations for regulations shall be peer 
        reviewed.
            (6) Limitation on recommendations.--The Commission shall 
        not make any specific recommendations with respect to lands and 
        waters within the boundary of any State located north of 51 
        degrees North latitude, or with respect to lands and waters 
        within the State of Idaho.
    (c) Duties of the Chair.--In carrying out the provisions of this 
section, the Chair of the Commission shall be responsible for--
            (1) the assignment of duties and responsibilities among 
        staff personnel and their continuing supervision; and
            (2) the use and expenditures of funds available to the 
        Commission.
    (d) Compensation.--Members of the Commission shall, subject to the 
availability of appropriations, when engaged in the actual performance 
of duties of the Commission, receive reimbursement of travel expenses, 
including per diem in lieu of subsistence as authorized for persons 
employed intermittently in the Government service under section 3109 of 
title 5, United States Code.
    (e) Staff.--
            (1) Executive director.--The Chair of the Commission may, 
        with the consent of the Commission and without regard to the 
        civil service laws and regulations, appoint and terminate an 
        executive director who is knowledgeable in administrative 
        management and ocean and coastal policy and such other 
        additional personnel as may be necessary to enable the 
        Commission to perform its duties.
            (2) Compensation.--The executive director shall, subject to 
        the availability of appropriations, be compensated at a rate 
        not to exceed the rate payable for Level V of the Executive 
        Schedule under section 5316 of title 5, United States Code. The 
        Chairman may fix the compensation of other personnel without 
        regard to the provisions of chapter 51 and subchapter III of 
        chapter 53 of title 5, United States Code, relating to 
        classification of positions and General Schedule pay rates, 
        except that the rate of pay for such personnel may not exceed 
        the rate payable for GS-15, step 7, of the General Schedule 
        under section 5332 of such title.
            (3) Detailees.--Upon a request of the Chair of the 
        Commission made after consulting with the head of any Federal 
        agencies responsible for managing ocean and coastal resources, 
        the head of any such Federal agency may detail appropriate 
        personnel of the agency to the Commission to assist the 
        Commission in carrying out its functions under this Act. 
        Federal Government employees detailed to the Commission shall 
        serve without reimbursement from the Commission, and shall 
        retain the rights, status, and privileges of his or her regular 
        employment without interruption.
            (4) Experts and consultants.--To the extent that funds are 
        available, and subject to such rules as may be prescribed by 
        the Commission, the executive director of the Commission may 
        procure the temporary and intermittent services of experts and 
        consultants in accordance with section 3109 of title 5, United 
        States Code, but at rates not to exceed the daily rate payable 
        for GS-15, step 7, of the General Schedule under section 5332 
        of title 5, United States Code.
    (f) Administration.--
            (1) Meetings.--All meetings of the Commission shall be open 
        to the public, except that a meeting or any portion of it may 
        be closed to the public if it concerns matters or information 
        described in section 552b(c) of title 5, United States Code. 
        Interested persons shall be permitted to appear at open 
        meetings and present written statements or oral statements at 
        the discretion of the Commission on the subject matter of the 
        meeting. The Commission may administer oaths or affirmations to 
        any person appearing before it.
            (2) Notice of meetings.--All open meetings of the 
        Commission shall be preceded by timely public notice, including 
        notice in the Federal Register, of the time, place, and subject 
        of the meeting.
            (3) Minutes and other records.--(A) Minutes of each meeting 
        shall be kept and shall contain a record of the people present, 
        a description of the discussion that occurred, and copies of 
        all statements filed. Subject to restrictions set forth in 
        section 552 of title 5, United States Code, the minutes and 
        records of all meetings and other documents that were made 
        available to or prepared for the Commission shall be available 
        for public inspection and copying at a single location in the 
        offices of the Commission.
            (B) The Commission shall have at least one meeting in each 
        of the following 6 geographic regions of the United States:
                    (i) The Northeast.
                    (ii) The Southeast.
                    (iii) The Southwest.
                    (iv) The Northwest.
                    (v) The Great Lakes States.
                    (vi) The Gulf of Mexico States.
    (g) Cooperation With Other Federal Entities.--
            (1) Other federal agencies and departments.--The Commission 
        may secure directly from any Federal agency or department any 
        information it considers necessary to carry out its functions 
        under this Act. Each such agency or department may cooperate 
        with the Commission and, to the extent permitted by law, 
        furnish such information to the Commission, upon the request of 
        the Chair of the Commission.
            (2) Mails.--The Commission may use the United States mails 
        in the same manner and under the same conditions as departments 
        and agencies of the United States.
            (3) Acquisitions.--The Commission may enter into contracts 
        with Federal and State agencies, private firms, institutions, 
        and individuals to assist the Commission in carrying out its 
        duties. The Commission may purchase and contract without regard 
        to section 18 of the Office of Federal Procurement Policy Act 
        (41 U.S.C. 416) and section 8 of the Small Business Act (15 
        U.S.C. 637), pertaining to competition and publication 
        requirements, and may arrange for printing without regard to 
        the provisions of title 44, United States Code. The contracting 
        authority of the Commission under this Act is effective only to 
        the extent that appropriations are available for contracting 
        purposes.
    (h) Termination.--The Commission shall cease to exist 30 days after 
the date on which it submits its final report.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to support the activities of the Commission $2,000,000 for 
fiscal year 1999 and $1,000,000 for fiscal year 2000. Any sums 
appropriated may remain available without fiscal year limitation until 
the Commission ceases to exist.

            Passed the House of Representatives September 15, 1998.

            Attest:

                                                                 Clerk.
Oceans Act of 1998 - Requires that the Congress and the President, after considering the Commission report under this Act, develop a coordinated, comprehensive, and long-range national policy for the use and stewardship of ocean and coastal resources for the benefit of the United States, including a plan to meet the resource monitoring and assessment facilities and equipment requirements of Federal ocean and coastal programs.  Mandates a biennial report by the President to the Congress listing all existing Federal programs relating to ocean and coastal activities.  Requires each agency or department involved in ocean and coastal activities to include with its annual appropriations request a report identifying elements of its budget relating to ocean and coastal activities. 
Establishes the Commission on Ocean Policy and requires it to report to the Congress and the President regarding U.S. ocean policy. Requires opening the draft report for public comment before submitting the final report.  Prohibits Commission recommendations regarding lands and waters within:  (1) the boundary of any State north of 51 degrees North latitude; or (2) the State of Idaho.  Terminates the Commission after submission of its final report.  Authorizes appropriations.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``California Forest 
Ecosystems Health Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Ecosystem management plans for National Forest System lands in 
                            California.
Sec. 5. Process for full implementation of ecosystem management plans.
Sec. 6. Research and monitoring program.
Sec. 7. Miscellaneous requirements.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Although people have had an active part in the 
        development and maintenance of forest structure and the 
        condition of the National Forest System lands in the State of 
        California for many years, recent forest management policies 
        have often resulted in a degeneration of the forest structure 
        and a loss of forest health and vigor.
            (2) The Forest Service, through the judicious use of 
        ecosystem management, has an opportunity to reverse these 
        forest management policies and restore the health and vigor of 
        National Forest System lands in California.
            (3) Ecosystems are dynamic and in a state of constant 
        change, and it is not possible to preserve a given ecosystem 
        condition in a static state over a period of time.
            (4) The many and varied resources and uses of National 
        Forest System lands provide both tangible and intangible 
        benefits to the people of the United States.
            (5) Although management of National Forest System lands in 
        California has traditionally placed first priority on the need 
        to produce maximum volumes of timber, the other multiple forest 
        resources and services are equally important to the people of 
        California and the United States.
            (6) Ecosystem management must balance the needs of outdoor 
        recreation, range, timber, watershed, fish, and wildlife, as 
        required by the Multiple-Use Sustained-Yield Act of 1960 (16 
        U.S.C. 528 et seq.), as well as protect soil and air quality 
        and provide for forest research.
            (7) National Forest System lands in California include some 
        of the most unique forest ecosystems in the world, including 
        giant sequoias, coastal redwoods, and bristlecone pines.
            (8) Destructive forest fires classified by the Forest 
        Service as ``intense'' have occurred in unprecedented numbers 
        and size on the National Forest System lands in California in 
        recent years, and these fires pose a threat to the very health 
        of the forests and present a danger to human life and property.
            (9) The Forest Service, through the judicious use of 
        ecosystem management, has an opportunity to reduce the 
        likelihood that fires classified as ``intense'' will occur with 
        such frequency and, at the same time, to improve forest vigor 
        and visitor safety.
            (10) Ecosystem management that considers the needs of all 
        species and their ability to interact with the presence of 
        humans can integrate both the conservation needs of the many 
        species of the ecosystems and the multiple use activities of 
        humans.
            (11) Identification of sound management options is both a 
        biological issue and a social issue, and the resulting 
        management policies must be socially acceptable, ecologically 
        sustainable, scientifically sound, legally responsible, and 
        economically viable.
            (12) The results of management practices in local 
        ecosystems can have a profound effect on the levels of demand 
        for commodity outputs from other ecosystems around the world.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Adaptive management.--The term ``adaptive management'' 
        means the experimental and monitored application of 
        scientifically derived management decisions to gain knowledge 
        that is then used to improve subsequent management decisions.
            (2) Ecosystem.--The term ``ecosystem'' means a community of 
        organisms and its environment that functions as a unit.
            (3) Ecosystem management.--The term ``ecosystem 
        management'' means the integration of ecological, economic, and 
        social factors to meet the biological needs of all associated 
        organisms and human needs through diverse, healthy, and 
        productive ecosystems, addressing resource supply, 
        conservation, and demand as opposed to a strategy for managing 
        individual species.
            (4) Ecosystem management plans.--The terms ``ecosystem 
        management plans'' and ``plans'' mean the ecosystem management 
        plans for National Forest System lands in the State of 
        California required to be developed by section 4(a).
            (5) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)).
            (6) Seral stages.--The term ``seral stages'' means the 
        various age or life stages of a vegetative community as it 
        progresses from initial establishment toward a climax stage or 
        equilibrium.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (8) Stand.--The term ``stand'' means an area within a 
        forest where the trees have similar characteristics with 
        respect to species composition, size, condition, and age.
            (9) Vigor.--The term ``vigor'', with respect to forest 
        ecosystems, means the relative health of stands of trees and 
        related vegetation, including their actual growth rates as 
        compared with potential growth rates and their ability to 
        protect themselves naturally from forest pests, diseases, and 
        the effects of natural disaster.

SEC. 4. ECOSYSTEM MANAGEMENT PLANS FOR NATIONAL FOREST SYSTEM LANDS IN 
              CALIFORNIA.

    (a) Plans Required.--Notwithstanding the planning provisions of 
section 6 of the Forest and Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1604), the Secretary of Agriculture shall develop 
and implement ecosystem management plans pursuant to this Act to 
develop and demonstrate ecosystem management, including adaptive 
management techniques, for National Forest System lands described in 
subsection (b).
    (b) Federal Lands Covered by Plans.--The ecosystem management plans 
required by subsection (a) shall apply to all management units of the 
National Forest System located in the State of California. In the case 
of National Forest System lands in California that have been designated 
by law for special management before the date of the enactment of this 
Act, the Secretary shall incorporate into the ecosystem management 
plans applicable to those lands any statutory provisions that are in 
effect on such date and applicable to those lands.
    (c) Principles of Plans.--Ecosystem management plans shall embody 
the following principles:
            (1) Application of management techniques that will enhance 
        the health and vigor of the renewable natural resources on the 
        National Forest System lands covered by the plans and provide 
        for the continued protection of the soil, air, and water 
        resources of these lands.
            (2) Improvement of the forest ecosystems on these lands 
        toward desired forest conditions that--
                    (A) provide a mosaic of forest seral stages--
                            (i) representing a range of wildlife 
                        habitats necessary to meet the needs of the 
                        species indigenous to the ecosystem being 
                        managed; and
                            (ii) designed in such a way as to obviate 
                        the need for corridors or special management 
                        areas to meet the needs of given species or 
                        situations;
                    (B) minimize the danger of stand-destroying 
                uncontrolled wildfire;
                    (C) increase or maintain the health and vigor of 
                stands at a level that will permit the stands to resist 
                naturally, to the greatest degree practicable, insect 
                and disease attacks and the effects of other natural 
                disasters while incorporating the concern that some 
                level of dead-wood, both standing and down, is 
                desirable in healthy ecosystems;
                    (D) maintain the sustainable economic well-being 
                and stability of communities in areas dependent upon 
                national forest resources; and
                    (E) are developed, to the extent possible, with 
                consideration of the conditions that are known to have 
                existed on these lands or on similar lands before the 
                impacts of European settlement.
            (3) Concentration of management activities on the condition 
        of the renewable resources of an ecosystem rather than on 
        producing targeted outputs, with projected outputs based upon 
        attainment of specific stand conditions.
            (4) Emphasis on tangible management results rather than on 
        procedural standards and guidelines, but with development of 
        scientifically credible monitoring standards and guidelines to 
        assess both short- and long-term management results.
            (5) Except for any statutory provisions incorporated under 
        subsection (b) with respect to specific lands, prohibition on 
        requiring the allocation or categorization of tracts of land 
        for specific preselected ecosystem management emphases.
            (6) Consideration of the habitat needs of all species 
        across a broad landscape using management indicator species 
        whose presence will reflect a suitable amount and distribution 
        of particular habitat elements, rather than concentrating on 
        the needs of single species in a limited area.
            (7) Application across the entire unreserved land base in 
        such a manner as to harmonize the various multiple uses.
            (8) Incorporation of maximum flexibility in resource 
        decisionmaking through the use of adaptive management.
    (d) Management to Promote Desired Forest Conditions.--
            (1) In general.--Ecosystem management under the ecosystem 
        management plans shall be planned and practiced in a manner 
        that--
                    (A) considers the entire landscape in a management 
                unit of the National Forest System covered by a plan; 
                and
                    (B) benefits, to the extent practicable, all 
                renewable resources and the human resource in or 
                dependent upon the management unit.
            (2) Individual projects.--Individual management projects in 
        a management unit of the National Forest System covered by the 
        ecosystem management plans shall be designed to provide 
        multiresource benefits, promote the desired forest conditions 
        described in subsection (c)(2), and achieve maximum project 
        operating efficiency.
    (e) Selection of Acres for Ecosystem Management Activities.--
            (1) Minimum acres.--Ecosystem management plans shall 
        specify the minimum number of acres on which ecosystem 
        management activities will be applied annually in any 
        management unit of the National Forest System covered by the 
        plans. Such acreage shall be determined on the basis of the 
        total number of acres in the management unit, the work to be 
        performed across the unit as a whole during the plan period, 
        and the pro rata annual acreage on which ecosystem management 
        activities must be applied in order to establish and maintain 
        the desired forest condition during the specified plan period.
            (2) Effect of natural disasters.--In case of natural 
        disasters, such as wildfire, flood, windthrow, insect or 
        disease attack, a revision of the schedule of acres to be 
        treated may be granted by the Secretary in order to conduct 
        restoration and rehabilitation activities on the acres affected 
        by the natural disaster.
    (f) Participation in Development.--To ensure that the ecosystem 
management plans are economically, scientifically, and socially 
acceptable, the Secretary shall develop the plans through the use of 
public involvement programs that emphasize input from residents of 
local communities to be affected by the plans. The Secretary shall 
continue to consult with all interested persons in evaluating or 
modifying the plans.

SEC. 5. PROCESS FOR FULL IMPLEMENTATION OF ECOSYSTEM MANAGEMENT PLANS.

    (a) Implementation.--Beginning not later than January 1, 1995, the 
Secretary shall begin to implement the ecosystem management plans. The 
Secretary shall develop and implement the plans progressively over a 
five-year period to ensure full application of all plans not later than 
January 1, 2000, to all National Forest System lands described in 
section 4(b). Upon implementation of an ecosystem management plan for 
any portion of the lands described in such section, the plan shall 
replace and supersede any land and resource management plan (or portion 
of such a plan) then in effect for such lands.
    (b) Yearly Expansion.--During each year of the period specified in 
subsection (a), the Secretary shall expand application of the ecosystem 
management plans to contiguous areas required to be covered by such 
plans, as described in section 4(b). To the extent the Secretary 
considers it to be necessary, the Secretary may modify the ecosystem 
management plans for each new addition in order to incorporate the 
lessons gained from experience. Adaptive management shall be used to 
evaluate management decisions and to develop new information to be used 
to keep the plans and subsequent management decisions up-to-date.
    (c) Modification of Ecosystem Management Plans.--The Secretary 
shall modify the ecosystem management plans to incorporate findings 
from research, adaptive management projects, or monitoring to the 
extent such findings indicate changes in the plans are necessary or 
appropriate to achieve the principles described in section 4(c). Before 
the end of the first two years of the period specified in subsection 
(a), the Secretary shall issue regulations that set forth the process 
to be used for any modification of the ecosystem management plans.
    (d) Consistency.--Resource plans and permits and other instruments 
for the use and occupancy of National Forest System lands covered by an 
ecosystem management plan that are executed subsequent to the 
implementation date of the plan with respect to such lands shall be 
consistent with the plan. If the ecosystem management plan is modified, 
resource plans and permits and other instruments that are executed 
subsequent to the date of the modification shall be consistent with the 
modified plan. Appropriate supplemental documents under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be 
prepared for those resource plans and permits, contracts, and other 
instruments in existence upon adoption of the ecosystem management plan 
or any modification of the plan. Any revisions in existing resource 
plans and permits, contracts, and other instruments shall be consistent 
with the supplemental document findings and subject to the agreement of 
all contractual parties. Any revision in present or future permits, 
contracts, and other instruments made pursuant to this subsection shall 
be subject to valid existing rights.

SEC. 6. RESEARCH AND MONITORING PROGRAM.

    The Secretary shall describe in detail in the ecosystem management 
plans and implement as part of the plans a targeted program of research 
and monitoring aimed at measuring the effects of the management regimes 
adopted under the plans. The Secretary shall ensure that monitoring is 
sufficient to measure the responses of the various resources to 
management practices and to provide a basis for adjustments of 
subsequent management decisions.

SEC. 7. MISCELLANEOUS REQUIREMENTS.

    (a) Increased Use of Certified Professional Practitioners.--With 
respect to National Forest System lands covered by the ecosystem 
management plans, the Secretary shall endeavor to increase the amount 
of field work to be done by professional practitioners certified by the 
Forest Service.
    (b) Accountability Procedures.--The Secretary shall develop 
accountability procedures to annually measure and inform the Congress 
concerning the work (as described in section 4(e)) achieved through the 
use of funds appropriated each year for National Forest System lands 
covered by the ecosystem management plans. The selection of acres upon 
which such work will be performed shall be controlled through the 
planning process. The accountability procedures required by this 
subsection shall be established and in operation before the end of the 
first two years of the period specified in section 5(a) and shall be 
designed to ensure the accomplishment of the work in accordance with 
plan direction.
    (c) Budgetary Considerations.--The Secretary shall develop budgets 
for each management unit of the National Forest System covered by 
ecosystem management plans on the basis of estimated benefits to the 
various resources affected by the ecosystem management activities, and 
such budgets will be justified on such basis. The Secretary shall 
provide the managers of these units the flexibility to accomplish over-
all objectives within over-all budgets in lieu of requiring and 
preparing detailed line-item budgets for each unit of work, except that 
accountability procedures developed under subsection (b) shall include 
requirements for detailed explanations of expenditures and estimates of 
benefits for each resource.
California Forest Ecosystems Health Act - Directs the Secretary of Agriculture to develop and implement ecosystem management plans for National Forest System lands in California.

SECTION 1. REQUIREMENTS FOR PHYSICIAN SUPERVISION OF THERAPEUTIC 
              HOSPITAL OUTPATIENT SERVICES.

    (a) Therapeutic Hospital Outpatient Services.--
            (1) Supervision requirements.--Section 1833 of the Social 
        Security Act (42 U.S.C. 1395l) is amended by adding at the end 
        the following new subsection:
    ``(z) Physician Supervision Requirements for Therapeutic Hospital 
Outpatient Services.--
            ``(1) General supervision for therapeutic services.--Except 
        as may be provided under paragraph (2), insofar as the 
        Secretary requires the supervision by a physician or a non-
        physician practitioner for payment for therapeutic hospital 
        outpatient services (as defined in paragraph (5)(A)) furnished 
        under this part, such requirement shall be met if such services 
        are furnished under the general supervision (as defined in 
        paragraph (5)(B)) of the physician or non-physician 
        practitioner, as the case may be.
            ``(2) Exceptions process for high-risk or complex medical 
        services requiring higher levels of supervision.--
                    ``(A) In general.--Subject to the succeeding 
                provisions of this paragraph, the Secretary shall 
                establish a process for the designation of therapeutic 
                hospital outpatient services furnished under this part 
                that, by reason of complexity or high risk, require 
                direct supervision (as defined in paragraph (5)(A)).
                    ``(B) Consultation with clinical experts.--
                            ``(i) In general.--Under the process 
                        established under subparagraph (A), before the 
                        designation of any therapeutic hospital 
                        outpatient service for which direct supervision 
                        may be required under this part, the Secretary 
                        shall consult with a panel of outside experts 
                        described in clause (ii) to advise the 
                        Secretary with respect to each such 
                        designation.
                            ``(ii) Advisory panel on supervision of 
                        therapeutic hospital outpatient services 
                        comprised of physicians and non-physician 
                        practitioners serving rural and other areas.--
                        For purposes of clause (i), a panel of outside 
                        experts described in this clause is a panel 
                        appointed by the Secretary, based on 
                        nominations submitted by hospital, rural 
                        health, and medical organizations representing 
                        physicians or non-physician practitioners, as 
                        the case may be, that meets the following 
                        requirements:
                                    ``(I) Composition.--The panel shall 
                                be composed of at least 15 physicians 
                                and non-physician practitioners who 
                                furnish therapeutic hospital outpatient 
                                services for which payment is made 
                                under this part and who collectively 
                                represent the medical specialties that 
                                furnish such services.
                                    ``(II) Practical experience.--
                                During the 12-month period preceding 
                                appointment to the panel by the 
                                Secretary, each physician or non-
                                physician practitioner described in 
                                subclause (I) shall have furnished 
                                therapeutic hospital outpatient 
                                services for which payment was made 
                                under this part.
                                    ``(III) Minimum rural 
                                representation requirement.--Not less 
                                than 50 percent of the membership of 
                                the panel shall be physicians or non-
                                physician practitioners described in 
                                subclause (I) who practice in rural 
                                areas (as defined in section 
                                1886(d)(2)(D)) or who furnish such 
                                services in critical access hospitals.
                    ``(C) Special rule for outpatient critical access 
                hospital services.--Insofar as a therapeutic outpatient 
                hospital service that is an outpatient critical access 
                hospital service is designated as requiring direct 
                supervision under the process established under 
                subparagraph (A), the Secretary shall deem the critical 
                access hospital furnishing that service as having met 
                the requirement for direct supervision for that service 
                if, when furnishing such service, the critical access 
                hospital meets the standard for personnel required as a 
                condition of participation under section 485.618(d) of 
                title 42, Code of Federal Regulations (as in effect on 
                January 1, 2010).
                    ``(D) Consideration of compliance burdens.--Under 
                the process established under subparagraph (A), the 
                Secretary shall take into account the impact on 
                hospitals and critical access hospitals in complying 
                with requirements for direct supervision in the 
                furnishing of therapeutic hospital outpatient services, 
                including hospital resources, availability of hospital-
                privileged physicians, specialty physicians, and non-
                physician practitioners, and administrative burdens.
                    ``(E) Requirement for notice and comment 
                rulemaking.--Under the process established under 
                subparagraph (A), the Secretary shall only designate 
                therapeutic hospital outpatient services requiring 
                direct supervision under this part through proposed and 
                final rulemaking that provides for public notice and 
                opportunity for comment.
            ``(3) Initial list of designated services.--The Secretary 
        shall include in the proposed and final regulation for payment 
        for hospital outpatient services for 2012 under this part a 
        list of initial therapeutic hospital outpatient services, if 
        any, designated under the process established under paragraph 
        (2)(A) as requiring direct supervision under such part.
            ``(4) Direct supervision by non-physician practitioners for 
        certain hospital outpatient services permitted.--
                    ``(A) In general.--Subject to the succeeding 
                provisions of this subsection, a non-physician 
                practitioner may directly supervise the furnishing of--
                            ``(i) therapeutic hospital outpatient 
                        services under this part, including cardiac 
                        rehabilitation services (under section 
                        1861(eee)(1)), intensive cardiac rehabilitation 
                        services (under section 1861(eee)(4)), and 
                        pulmonary rehabilitation services (under 
                        section 1861(fff)(1)); and
                            ``(ii) those hospital outpatient diagnostic 
                        services (described in section 1861(s)(2)(C)) 
                        that require direct supervision under the fee 
                        schedule established under section 1848.
                    ``(B) Requirements.--Subparagraph (A) shall apply 
                insofar as the non-physician practitioner involved 
                meets the following requirements:
                            ``(i) Scope of practice.--The non-physician 
                        practitioner is acting within the scope of 
                        practice under State law applicable to the 
                        practitioner.
                            ``(ii) Additional requirements.--The non-
                        physician practitioner meets such requirements 
                        as the Secretary may specify.
            ``(5) Definitions.--In this subsection:
                    ``(A) Therapeutic hospital outpatient services.--
                The term `therapeutic hospital outpatient services' 
                means hospital services described in section 
                1861(s)(2)(B) furnished by a hospital or critical 
                access hospital and includes--
                            ``(i) cardiac rehabilitation services and 
                        intensive cardiac rehabilitation services (as 
                        defined in paragraphs (1) and (4), 
                        respectively, of section 1861(eee)); and
                            ``(ii) pulmonary rehabilitation services 
                        (as defined in section 1861(fff)(1)).
                    ``(B) General supervision.--
                            ``(i) Overall direction and control of 
                        physician.--Subject to clause (ii), with 
                        respect to the furnishing of therapeutic 
                        hospital outpatient services for which payment 
                        may be made under this part, the term `general 
                        supervision' means such services are furnished 
                        under the overall direction and control of a 
                        physician or non-physician practitioner, as the 
                        case may be.
                            ``(ii) Presence not required.--For purposes 
                        of clause (i), the presence of a physician or 
                        non-physician practitioner is not required 
                        during the performance of the procedure 
                        involved.
                    ``(C) Direct supervision.--
                            ``(i) Provision of assistance and 
                        direction.--Subject to clause (ii), with 
                        respect to the furnishing of therapeutic 
                        hospital outpatient services for which payment 
                        may be made under this part, the term `direct 
                        supervision' means that a physician or non-
                        physician practitioner, as the case may be, is 
                        able to furnish assistance and direction 
                        throughout the furnishing of such services and, 
                        in accordance with the policies, procedures, 
                        guidelines or bylaws of the hospital--
                                    ``(I) with respect to such services 
                                furnished in the hospital, or in an on-
                                campus department of such hospital, is 
                                present and on the same campus and 
                                immediately available (including by 
                                telephone or other means) to furnish 
                                such assistance and direction; or
                                    ``(II) with respect to such 
                                services furnished in an off-campus 
                                provider-based department of such 
                                hospital, is present in or in close 
                                proximity to such department and is 
                                immediately available (including by 
                                telephone or other means) to furnish 
                                such assistance and direction.
                            ``(ii) Presence in room not required.--For 
                        purposes of clause (i), a physician or non-
                        physician practitioner, as the case may be, is 
                        not required to be present in the room during 
                        the performance of the procedure involved.
                    ``(D) Non-physician practitioner defined.--The term 
                `non-physician practitioner' means an individual who--
                            ``(i) is a physician assistant, a nurse 
                        practitioner, a clinical nurse specialist, a 
                        clinical social worker, a clinical 
                        psychologist, a certified nurse midwife, or a 
                        certified registered nurse anesthetist, and 
                        includes such other practitioners as the 
                        Secretary may specify; and
                            ``(ii) with respect to the furnishing of 
                        therapeutic outpatient hospital services, meets 
                        the requirements of paragraph (4)(B).''.
            (2) Conforming amendment.--Section 1861(eee)(2)(B) of the 
        Social Security Act (42 U.S.C. 1395x(eee)(2)(B)) is amended by 
        inserting ``, and a non-physician practitioner (as defined in 
        section 1833(z)(5)(D)) may supervise the furnishing of such 
        items and services in the hospital'' after ``in the case of 
        items and services furnished under such a program in a 
        hospital, such availability shall be presumed''.
    (b) Prohibition on Retroactive Enforcement of Revised 
Interpretation.--
            (1) Repeal of regulatory clarification.--The restatement 
        and clarification under the final rule making changes to the 
        Medicare hospital outpatient prospective payment system and 
        calendar year 2009 payment rates (published in the Federal 
        Register on November 18, 2008, 73 Fed. Reg. 68702 through 
        68704) with respect to requirements for direct supervision by 
        physicians for therapeutic hospital outpatient services (as 
        defined in paragraph (3)) for purposes of payment for such 
        services under the Medicare program shall have no force or 
        effect in law.
            (2) Hold harmless.--A hospital or critical access hospital 
        that furnishes therapeutic hospital outpatient services during 
        the period beginning on January 1, 2001, and ending on December 
        31, 2011, for which a claim for payment is made under part B of 
        title XVIII of the Social Security Act shall not be subject to 
        any civil or criminal action or penalty under Federal law for 
        failure to meet supervision requirements under the regulation 
        described in paragraph (1), under program manuals, or 
        otherwise.
            (3) Therapeutic hospital outpatient services defined.--In 
        this subsection, the term ``therapeutic hospital outpatient 
        services'' means medical and other health services furnished by 
        a hospital or critical access hospital that are--
                    (A) hospital services described in subsection 
                (s)(2)(B) of section 1861 of the Social Security Act 
                (42 U.S.C. 1395x);
                    (B) cardiac rehabilitation services or intensive 
                cardiac rehabilitation services (as defined in 
                paragraphs (1) and (4), respectively, of subsection 
                (eee) of such section); or
                    (C) pulmonary rehabilitation services (as defined 
                in subsection (fff)(1) of such section).

Amends title XVIII (Medicare) of the Social Security Act to state that, except with respect to high-risk or complex medical services requiring direct levels of supervision, if the Secretary of Health and Human Services (HHS) requires supervision by a physician or non-physician practitioner for Medicare payment for therapeutic hospital outpatient services, that requirement is met if such services are furnished under the physician's or non-physician practitioner's general supervision.

Directs the Secretary of HHS to establish a process for designating therapeutic hospital outpatient services for which direct supervision may be required.

Declares without force or effect in law regarding Medicare requirements for direct supervision by physicians for therapeutic hospital outpatient services a specified restatement and clarification under the final rule making changes to the Medicare hospital outpatient prospective payment system and calendar year 2009 payment rates, which was published in the Federal Register on November 18, 2008.