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108hr3978ih | (3) in subsection (b)(1)(C)— (A) by redesignating clause (iv) as clause (v); and (B) by inserting after clause (iii) the following new clause: (iv) providing weapons of mass destruction, or assistance in obtaining or developing such weapons, to terrorists or terrorist groups; and ; and (4) in subsection (b)(2)— (A) by redesignating subparagraphs (C), (D), and (E) as (D), (E), and (F), respectively; |
108hr3978ih | and (B) by inserting after subparagraph (B) the following new subparagraph: (C) efforts by those groups to obtain or develop weapons of mass destruction; (b) Effective date
The amendments made by subsection (a) shall apply beginning with the first report under section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( 22 U.S.C. 2656f ), submitted more than one year after the date of the enactment of this Act. |
108hr5138ih | 1. Short title
This Act may be cited as the Fair Credit Card Interest Rate Act. 2. Credit card interest rate ceiling
(a) In general
Chapter 1 of the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) is amended by inserting after section 109 the following new section: 110. |
108hr5138ih | Limitations on credit card interest rates
(a) In general
During any calendar quarter, no creditor may impose a finance charge under any open end consumer credit plan involving a credit card which results in an annual percentage rate greater than 10 percentage points over the most recent composite prime rate published in the Wall Street Journal before the beginning of the 10-business-day period ending on the first day of such calendar quarter. |
108hr5138ih | (b) Regulations by board
The Board may prescribe such regulations as the Board may, in the discretion of the Board, determine to be appropriate to implement and carry out the requirements of subsection (a), including the determination and publication of the applicable maximum annual percentage rate under such subsection for any calendar quarter.. (b) Clerical amendment
The table of sections for chapter 1 of the Truth in Lending Act is amended by inserting after the item relating to section 109 the following new item: 110. Limitation on credit card interest rates. |
108hr5138ih | (c) Effective date
The amendments made by this section shall apply with respect to calendar quarters that begin after the end of the 6-month period beginning on the date of the enactment of this Act. 110. Limitations on credit card interest rates
(a) In general
During any calendar quarter, no creditor may impose a finance charge under any open end consumer credit plan involving a credit card which results in an annual percentage rate greater than 10 percentage points over the most recent composite prime rate published in the Wall Street Journal before the beginning of the 10-business-day period ending on the first day of such calendar quarter. |
108hr5138ih | (b) Regulations by board
The Board may prescribe such regulations as the Board may, in the discretion of the Board, determine to be appropriate to implement and carry out the requirements of subsection (a), including the determination and publication of the applicable maximum annual percentage rate under such subsection for any calendar quarter. |
108hr4544ih | 1. Short title
This Act may be cited as the George E. Brown, Jr. Near-Earth Object Survey Act. 2. Findings
The Congress makes the following findings: (1) Near-Earth objects pose a serious and credible threat to humankind, as scientists are certain that a major asteroid or comet was responsible for the mass extinction of the majority of the Earth’s species, including the dinosaurs, nearly 65,000,000 years ago. |
108hr4544ih | (2) Similar objects have struck the Earth or passed through the Earth’s atmosphere several times in the Earth’s history and pose a similar threat in the future. (3) Several such near-Earth objects have only been discovered within days of the objects’ closest approach to Earth, and recent discoveries of such large objects indicate that many large near-Earth objects remain undiscovered. |
108hr4544ih | (4) The efforts taken to date by the National Aeronautics and Space Administration for detecting and characterizing the hazards of Earth orbit-crossing asteroids and comets are not sufficient to the threat posed by such objects to cause widespread destruction and loss of life. 3. Definition
For purposes of this Act, the term Administrator means the Administrator of the National Aeronautics and Space Administration. 4. |
108hr4544ih | Near-earth object survey
(a) Survey Program
The Administrator shall plan, develop, and implement a Near-Earth Object Survey program to detect, track, catalogue, and characterize the physical characteristics of near-Earth asteroids and comets equal to or greater than 100 meters in diameter in order to assess the threat of such near-Earth objects in striking the Earth. (b) Amendments
Section 102 of the National Aeronautics and Space Act of 1958 ( 42 U.S.C. |
108hr4544ih | 2451 ) is amended— (1) by redesignating subsection (g) as subsection (h); (2) by inserting after subsection (f) the following new subsection: (g) The Congress declares that the general welfare and security of the United States require that the unique competence of the National Aeronautics and Space Administration in science and engineering systems be directed to detecting, tracking, cataloguing, and characterizing near-Earth asteroids and comets in order to provide warning and mitigation of the potential hazard of such near-Earth objects impacting the Earth. |
108hr4544ih | ; and (3) in subsection (h), as so redesignated by paragraph (1) of this subsection, by striking and (f) and inserting (f), and (g). (c) Annual Report
The Administrator shall transmit to the Congress, not later than February 28 of each of the next 5 years beginning after the date of enactment of this Act, a report that provides the following: (1) A summary of all activities taken pursuant to subsection (a) for the previous fiscal year. (2) A summary of expenditures for all activities pursuant to subsection (a) for the previous fiscal year. |
108hr4544ih | (3) A detailed plan and budget request for all activities pursuant to subsection (a) for the next five fiscal years from the year that the annual report is submitted. (d) Authorization of Appropriations
There are authorized to be appropriated to the National Aeronautics and Space Administration for the Near-Earth Object Survey program described in subsection (a) $20,000,000 for each of the fiscal years 2005 and 2006. Amounts appropriated under this subsection shall remain available for 2 fiscal years. |
108hr5422ih | 1. Support our Scouts
(a) Definition
In this section the term Federal agency means each department, agency, instrumentality, or other entity of the United States Government. (b) In general
No Federal law (including any rule, regulation, directive, instruction, or order) shall be construed to limit any Federal agency from providing any form of support to the Boy Scouts of America or the Girl Scouts of the United States of America (or any organization chartered by the Boy Scouts of America or the Girl Scouts of the United States of America), including— (1) holding meetings, jamborees, |
108hr5422ih | camporees, or other scouting activities on Federal property if such organization has received permission from the appropriate Federal official responsible for such property; or (2) hosting or sponsoring any official event of such organization. |
108hr5228ih | 1. Reduction of duty on 1-propene-2-methyl homopolymer
(a) In general
Subchapter II of chapter 99 of the Harmonizes Tariff Schedule of the United States is amended by inserting in numerical sequence the following heading: 9902.38.43 1-propene-2-methyl homopolymer (CAS No. |
108hr5228ih | 9003–27–4) (provided for in subheading 3902.20.50)….. 0.5% No change No change On or before 12/31/2007 (b) Effective date
The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the enactment of this Act. |
108hr5273ih | 1. Conversion of temporary judgeships to permanent judgeships
(a) In general
The existing district judgeships for the district of Hawaii, the district of Kansas, and the eastern district of Missouri authorized by section 203(c) of the Judicial Improvements Act of 1990 ( Public Law 101–650 ; 28 U.S.C. |
108hr5273ih | 133 note) shall, as of the date of the enactment of this Act, be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code (as amended by this Act). |
108hr5273ih | (b) Technical and conforming amendments
The table contained in section 133(a) of title 28, United States Code, is amended— (1) in the item relating to Hawaii by striking 3 and inserting 4 ; (2) in the item relating to Kansas by striking 5 and inserting 6 ; and (3) in the item relating to the eastern district of Missouri by striking 6 and inserting 7. 2. |
108hr5273ih | District judgeship for the district of Nebraska
(a) Additional permanent district judgeship
The President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the district of Nebraska. (b) Technical and conforming amendment
In order that the table under section 133(a) of title 28, United States Code, will reflect the change in the number of permanent judgeships authorized for the district of Nebraska by subsection (a), such table is amended in the item relating to Nebraska by striking 3 and inserting 4. 3. |
108hr5273ih | District judgeship for the eastern district of California
(a) Additional permanent district judgeship
The President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the eastern district of California. (b) Technical and conforming amendment
In order that the table under section 133(a) of title 28, United States Code, will reflect the change in the number of permanent judgeships authorized for the eastern district of California by subsection (a), such table is amended in the item relating to the eastern district of California by striking 6 and inserting 7. |
108hr4088ih | 1. Suspension of duty on 4,11-Triphenodioxazinedisulfonic acid,6, 13-dichloro-3, 10-bis[[2-[[-[[4-fluoro-6-[(2-sulfophenyl) amino} - 1,3,5-trizin-2-yl] amino] propyl] amino]- lithium sodium salt
(a) In general
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking heading 9902.32. |
108hr4088ih | 88 and inserting the following: 9902.32.88 4,11-Triphenodioxazinedisulfonic acid,6, 13-dichloro-3, 10-bis[[2-[[-[[4-fluoro-6-[(2-sulfophenyl) amino} - 1,3,5-trizin-2-yl] amino] propyl] amino]- lithium sodium salt (CAS No. |
108hr4088ih | 163062-28-0) (provided for in subheading 3204.16.30) Free No change No change On or before 12/31/2007. (b) Effective date
The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. |
108hr5312ih | 1. Short title; table of contents
(a) Short title
This Act may be cited as the Act to Save America’s Forests. (b) Table of contents
The table of contents of this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings and purposes Title I—Land management Sec. 101. Committee of scientists Sec. 102. Continuous forest inventory Sec. 103. Administration and management Sec. 104. |
108hr5312ih | Conforming amendments Title II—Protection for Ancient forests, roadless areas, watershed protection areas, and special areas Sec. 201. Findings Sec. 202. Definitions Sec. 203. Designation of special areas Sec. 204. Restrictions on management activities in Ancient forests, roadless areas, watershed protection areas, and special areas Title III—Effective date Sec. 301. Effective date Sec. 302. Effect on existing contracts Sec. 303. Wilderness act exclusion 2. |
108hr5312ih | Findings and purposes
(a) Findings
Congress finds that— (1) Federal agencies that permit clearcutting and other forms of even-age logging operations include the Forest Service, the United States Fish and Wildlife Service, and the Bureau of Land Management; (2) clearcutting and other forms of even-age logging operations cause substantial alterations in native biodiversity by— (A) emphasizing the production of a limited number of commercial species, and often only a single species, of trees on each site; (B) manipulating the vegetation toward greater relative density of the commercial species; (C) suppressing competing species; |
108hr5312ih | and (D) requiring the planting, on numerous sites, of a commercial strain of the species that reduces the relative diversity of other genetic strains of the species that were traditionally located on the same sites; (3) clearcutting and other forms of even-age logging operations— (A) frequently lead to the death of immobile species and the very young of mobile species of wildlife; and (B) deplete the habitat of deep-forest species of animals, including endangered species and threatened species; |
108hr5312ih | (4) (A) clearcutting and other forms of even-age logging operations— (i) expose the soil to direct sunlight and the impact of precipitation; (ii) disrupt the soil surface; (iii) compact organic layers; and (iv) disrupt the run-off restraining capabilities of roots and low-lying vegetation, resulting in soil erosion, the leaching of nutrients, a reduction in the biological content of soil, and the impoverishment of soil; and (B) all of the consequences described in subparagraph (A) have a long-range deleterious effect on all land resources, including timber production; |
108hr5312ih | (5) clearcutting and other forms of even-age logging operations aggravate global climate change by— (A) decreasing the capability of the soil to retain carbon; and (B) during the critical periods of felling and site preparation, reducing the capacity of the biomass to process and to store carbon, with a resultant loss of stored carbon to the atmosphere; (6) clearcutting and other forms of even-age logging operations render soil increasingly sensitive to acid deposits by causing a decline of soil wood and coarse woody debris; |
108hr5312ih | (7) a decline of solid wood and coarse woody debris reduces the capacity of soil to retain water and nutrients, which in turn increases soil heat and impairs soil’s ability to maintain protective carbon compounds on the soil surface; (8) clearcutting and other forms of even-age logging operations result in— (A) increased stream sedimentation and the silting of stream bottoms; (B) a decline in water quality; (C) the impairment of life cycles and spawning processes of aquatic life from benthic organisms to large fish; |
108hr5312ih | and (D) as a result of the effects described in subparagraphs (A) through (C), a depletion of the sport and commercial fisheries of the United States; (9) clearcutting and other forms of even-age management of Federal forests disrupt natural disturbance regimes that are critical to ecosystem function; (10) clearcutting and other forms of even-age logging operations increase harmful edge effects, including— (A) blowdowns; (B) invasions by weed species; and (C) heavier losses to predators and competitors; (11) by reducing the number of deep, canopied, variegated, |
108hr5312ih | permanent forests, clearcutting and other forms of even-age logging operations— (A) limit areas where the public can satisfy an expanding need for recreation; and (B) decrease the recreational value of land; (12) clearcutting and other forms of even-age logging operations replace forests described in paragraph (11) with a surplus of clearings that grow into relatively impenetrable thickets of saplings, and then into monoculture tree plantations; (13) because of the harmful and, in many cases, irreversible, damage to forest species and forest ecosystems caused by logging of Ancient and roadless forests, |
108hr5312ih | clearcutting, and other forms of even-age management, it is important that these practices be halted based on the precautionary principle; (14) human beings depend on native biological resources, including plants, animals, and micro-organisms— (A) for food, medicine, shelter, and other important products; and (B) as a source of intellectual and scientific knowledge, recreation, and aesthetic pleasure; (15) alteration of native biodiversity has serious consequences for human welfare, as the United States irretrievably loses resources for research and agricultural, medicinal, and industrial development; |
108hr5312ih | (16) alteration of biodiversity in Federal forests adversely affects the functions of ecosystems and critical ecosystem processes that— (A) moderate climate; (B) govern nutrient cycles and soil conservation and production; (C) control pests and diseases; and (D) degrade wastes and pollutants; (17) (A) clearcutting and other forms of even-age management operations have significant deleterious effects on native biodiversity, by reducing habitat and food for cavity-nesting birds and insectivores such as the 3-toed woodpecker and hairy woodpecker and for neotropical migratory bird species; |
108hr5312ih | and (B) the reduction in habitat and food supply could disrupt the lines of dependency among species and their food resources and thereby jeopardize critical ecosystem function, including limiting outbreaks of destructive insect populations; for example— (i) the 3-toed woodpecker requires clumped snags in spruce-fir forests, and 99 percent of its winter diet is composed of insects, primarily spruce beetles; |
108hr5312ih | and (ii) a 3-toed woodpecker can consume as much as 26 percent of the brood of an endemic population of spruce bark beetle and reduce brood survival of the population by 70 to 79 percent; (18) the harm of clearcutting and other forms of even-age logging operations on the natural resources of the United States and the quality of life of the people of the United States is substantial, severe, and avoidable; (19) by substituting selection management, as required by this Act, for clearcutting and other forms of even-age logging operations, |
108hr5312ih | the Federal agencies involved with those logging operations would substantially reduce devastation to the environment and improve the quality of life of the people of the United States; (20) selection management— (A) retains natural forest structure and function; (B) focuses on long-term rather than short-term management; (C) works with, rather than against, the checks and balances inherent in natural processes; and (D) permits the normal, natural processes in a forest to allow the forest to go through the natural stages of succession to develop a forest with old growth ecological functions; (21) by protecting native biodiversity, as required by this Act, |
108hr5312ih | Federal agencies would maintain vital native ecosystems and improve the quality of life of the people of the United States; (22) selection logging— (A) is more job intensive, and therefore provides more employment than clearcutting and other forms of even-age logging operations to manage the same quantity of timber production; and (B) produces higher quality sawlogs than clearcutting and other forms of even-age logging operations; and (23) the judicial remedies available to enforce Federal forest laws are inadequate, and should be strengthened by providing for injunctions, declaratory judgments, statutory damages, and reasonable costs of suit. |
108hr5312ih | (b) Purpose
The purpose of this Act is to conserve native biodiversity and protect all native ecosystems on all Federal land against losses that result from— (1) clearcutting and other forms of even-age logging operations; and (2) logging in Ancient forests, roadless areas, watershed protection areas, and special areas. 101. Committee of scientists
Section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. |
108hr5312ih | 1604 ) is amended by striking subsection (h) and inserting the following: (h) Committee of scientists
(1) In general
To carry out subsection (g), the Secretary shall appoint a committee composed of scientists— (A) who are not officers or employees of the Forest Service, of any other public entity, or of any entity engaged in whole or in part in the production of wood or wood products; (B) not more than one-third of whom have contracted with or represented any entity described in subparagraph (A) during the 5-year period ending on the date of the proposed appointment to the committee; |
108hr5312ih | and (C) not more than one-third of whom are foresters. (2) Qualifications of foresters
A forester appointed to the committee shall be an individual with— (A) extensive training in conservation biology; and (B) field experience in selection management. (3) Duties
The committee shall provide scientific and technical advice and counsel on proposed guidelines and procedures and all other issues involving forestry and native biodiversity to promote an effective interdisciplinary approach to forestry and native biodiversity. |
108hr5312ih | (4) Termination
The committee shall terminate on the date that is 10 years after the date of enactment of the Act to Save America’s Forests.. 102. Continuous forest inventory
(a) In general
Not later than 2 years after the date of enactment of this Act, each of the Chief of the Forest Service, the Director of the United States Fish and Wildlife Service, and the Director of the Bureau of Land Management (referred to individually as an agency head ) shall prepare a continuous inventory of forest land administered by those agency heads, respectively. |
108hr5312ih | (b) Requirements
A continuous forest inventory shall constitute a long-term monitoring and inventory system that— (1) is contiguous throughout affected Federal forest land; and (2) is based on a set of permanent plots that are inventoried every 10 years to— (A) assess the impacts that human activities are having on management of the ecosystem; (B) gauge— (i) floristic and faunistic diversity, abundance, and dominance; and (ii) economic and social value; and (C) monitor changes in the age, structure, and diversity of species of trees and other vegetation. |
108hr5312ih | (c) Decennial inventories
Each decennial inventory under subsection (b)(2) shall be completed not more than 60 days after the date on which the inventory is begun. (d) National Academy of Sciences
In preparing a continuous forest inventory, an agency head may use the services of the National Academy of Sciences to— (1) develop a system for the continuous forest inventory by which certain guilds or indicator species are measured; and (2) identify any changes to the continuous forest inventory that are necessary to ensure that the continuous forest inventory is consistent with the most accurate scientific methods. |
108hr5312ih | (e) Whole-System measures
At the end of each forest planning period, an agency head shall document whole-system measures that will be taken as a result of a decennial inventory. (f) Public availability
Results of a continuous forest inventory shall be made available to the public without charge. 103. Administration and management
The Forest and Rangeland Renewable Resources Planning Act of 1974 is amended by adding after section 6 ( 16 U.S.C. 1604 ) the following: 6A. |
108hr5312ih | Conservation of native biodiversity; selection logging; prohibition of clearcutting
(a) Applicability
This section applies to the administration and management of— (1) National Forest System land, under this Act; (2) Federal land, under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (3) National Wildlife Refuge System land, under the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ). |
108hr5312ih | (b) Native biodiversity in forested areas
The Secretary shall provide for the conservation or restoration of native biodiversity in each stand and each watershed throughout each forested area, except during the extraction stage of authorized mineral development or during authorized construction projects, in which cases the Secretary shall conserve native biodiversity to the maximum extent practicable. (c) Restriction on use of certain logging practices
(1) Definitions
In this subsection: (A) Age diversity
The term age diversity means the naturally occurring range and distribution of age classes within a given species. |
108hr5312ih | (B) Basal area
The term basal area means the area of the cross section of a tree stem, including the bark, at 4.5 feet above the ground. (C) Clearcutting
The term clearcutting means an even-age logging operation that removes all of the trees over a considerable portion of a stand at 1 time. |
108hr5312ih | (D) Conservation
The term conservation means protective measures for maintaining native biodiversity and active and passive measures for restoring diversity through management efforts, in order to protect, restore, and enhance as much of the variety of species and communities as practicable in abundances and distributions that provide for their continued existence and normal functioning, including the viability of populations throughout their natural geographic distributions. (E) Even-age logging operation
(i) In general
The term even-age logging operation means a logging activity that— (I) creates a clearing or opening that exceeds 1/5 acre; |
108hr5312ih | (II) creates a stand in which the majority of trees are within 10 years of the same age; or (III) within a period of 30 years, cuts or removes more than the lesser of— (aa) the growth of the basal area of all tree species (not including a tree of a non-native invasive tree species or an invasive plantation species) in a stand; or (bb) 20 percent of the basal area of a stand. |
108hr5312ih | (ii) Inclusion
The term even-age logging operation includes the application of clearcutting, high grading, seed-tree cutting, shelterwood cutting, or any other logging method in a manner inconsistent with selection management. (iii) Exclusion
The term even-age logging operation does not include the cutting or removal of— (I) a tree of a non-native invasive tree species; or (II) an invasive plantation species, if native longleaf pine are planted in place of the removed invasive plantation species. (F) Genetic diversity
The term genetic diversity means the differences in genetic composition within and among populations of a species. |
108hr5312ih | (G) High grading
The term high grading means the removal of only the larger or more commercially valuable trees in a stand, resulting in an alteration in the natural range of age diversity or species diversity in the stand. (H) Invasive plantation species
The term invasive plantation species means a loblolly pine or slash pine that was planted or managed by the Forest Service or any other Federal agency as part of an even-aged monoculture tree plantation. |
108hr5312ih | (I) Native biodiversity
(i) In general
The term native biodiversity means— (I) the full range of variety and variability within and among living organisms; and (II) the ecological complexes in which the living organisms would have occurred (including naturally occurring disturbance regimes) in the absence of significant human impact. |
108hr5312ih | (ii) Inclusions
The term native biodiversity includes diversity— (I) within a species (including genetic diversity, species diversity, and age diversity); (II) within a community of species; (III) between communities of species; (IV) within a discrete area, such as a watershed; (V) along a vertical plane from ground to sky, including application of the plane to all the other types of diversity; and (VI) along the horizontal plane of the land surface, including application of the plane to all the other types of diversity. |
108hr5312ih | (J) Non-native invasive tree species
(i) In general
The term non-native invasive tree species means a species of tree not native to North America. (ii) Inclusions
The term non-native invasive tree species includes— (I) Australian pine (Casaurina equisetifolia); (II) Brazilian pepper (Schinus terebinthifolius); (III) Common buckthorn (Rhamnus cathartica); (IV) Eucalyptus (Eucalyptus globulus); (V) Glossy buckthorn (Rhamnus frangula); |
108hr5312ih | (VI) Melaleuca (Melaleuca quinquenervia); (VII) Norway maple (Acer platanoides); (VIII) Princess tree (Paulownia tomentosa); (IX) Salt cedar (Tamarix species); (X) Silk tree (Albizia julibrissin); (XI) Strawberry guava (Psidium cattleianum); (XII) Tree-of-heaven (Ailanthus altissima); (XIII) Velvet tree (Miconia calvescens); |
108hr5312ih | and (XIV) White poplar (Populus alba). (K) Seed-tree cut
The term seed-tree cut means an even-age logging operation that leaves a small minority of seed trees in a stand for any period of time. (L) Selection management
(i) In general
The term selection management means a method of logging that emphasizes the periodic, individual selection and removal of varying size and age classes of the weaker, nondominant cull trees in a stand and leaves uncut the stronger dominant trees to survive and reproduce, |
108hr5312ih | in a manner that works with natural forest processes and— (I) ensures the maintenance of continuous high forest cover where high forest cover naturally occurs; (II) ensures the maintenance or natural regeneration of all native species in a stand; (III) ensures the growth and development of trees through a range of diameter or age classes to provide a sustained yield of forest products including clean water, rich soil, and native plants and wildlife; and (IV) ensures that some dead trees, standing and downed, shall be left in each stand where selection logging occurs, to fulfill their necessary ecological functions in the forest ecosystem, |
108hr5312ih | including providing elemental and organic nutrients to the soil, water retention, and habitat for endemic insect species that provide the primary food source for predators (including various species of amphibians and birds, such as cavity nesting woodpeckers). (ii) Exclusion
(I) In general
Subject to subclause (II), the term selection management does not include an even-age logging operation. |
108hr5312ih | (II) Felling age; native biodiversity
Subclause (I) does not— (aa) establish a 150-year projected felling age as the standard at which individual trees in a stand are to be cut; or (bb) limit native biodiversity to that which occurs within the context of a 150-year projected felling age. (M) Shelterwood cut
The term shelterwood cut means an even-age logging operation that leaves— (i) a minority of the stand (larger than a seed-tree cut) as a seed source; or (ii) a protection cover remaining standing for any period of time. |
108hr5312ih | (N) Species diversity
The term species diversity means the richness and variety of native species in a particular location. (O) Stand
The term stand means a biological community of trees on land described in subsection (a), comprised of not more than 100 contiguous acres with sufficient identity of 1 or more characteristics (including location, topography, and dominant species) to be managed as a unit. (P) Timber purpose
(i) In general
The term timber purpose means the use, sale, lease, or distribution of trees, including the felling of trees or portions of trees. |
108hr5312ih | (ii) Exception
The term timber purpose does not include the felling of trees or portions of trees to create land space for a Federal administrative structure. (Q) Within-community diversity
The term within-community diversity means the distinctive assemblages of species and ecological processes that occur in various physical settings of the biosphere and distinct locations. (2) Prohibition of clearcutting and other forms of even-age logging operations
No clearcutting or other form of even-age logging operation shall be permitted in any stand or watershed. |
108hr5312ih | (3) Management of native biodiversity
On each stand on which an even-age logging operation has been conducted on or before the date of enactment of this section, and on each deforested area managed for timber purposes on or before the date of enactment of this section, excluding areas occupied by existing buildings, the Secretary shall— (A) prescribe a shift to selection management; or (B) cease managing the stand for timber purposes, in which case the Secretary shall— (i) undertake an active restoration of the native biodiversity of the stand; or (ii) permit the stand to regain native biodiversity. |
108hr5312ih | (4) Enforcement
(A) Finding
Congress finds that all people of the United States are injured by actions on land to which subsection (g)(3)(B) and this subsection applies. (B) Purpose
The purpose of this paragraph is to foster the widest and most effective possible enforcement of subsection (g)(3)(B) and this subsection. (C) Federal enforcement
The Secretary of Agriculture, the Secretary of the Interior, and the Attorney General shall enforce subsection (g)(3)(B) and this subsection against any person that violates 1 or more of those provisions. |
108hr5312ih | (D) Citizen suits
(i) In general
A citizen harmed by a violation of subsection (g)(3)(B) or this subsection may bring a civil action in United States district court for a declaratory judgment, a temporary restraining order, an injunction, statutory damages, or other remedy against any alleged violator, including the United States. |
108hr5312ih | (ii) Judicial relief
If a district court of the United States determines that a violation of subsection (g)(3)(B) or this subsection has occurred, the district court— (I) shall impose a damage award of not less than $5,000; (II) may issue 1 or more injunctions or other forms of equitable relief; and (III) shall award to the plaintiffs reasonable costs of bringing the action, including attorney’s fees, witness fees, and other necessary expenses. |
108hr5312ih | (iii) Standard of proof
The standard of proof in all actions under this subparagraph shall be the preponderance of the evidence. (iv) Trial
A trial for any action under this subsection shall be de novo. (E) Payment of damages
(i) Non-federal violator
A damage award under subparagraph (D)(ii) shall be paid to the Treasury by a non-Federal violator or violators designated by the court. |
108hr5312ih | (ii) Federal violator
(I) In general
Not later than 40 days after the date on which judgment is rendered, a damage award under subparagraph (D)(ii) for which the United States is determined to be liable shall be paid from the Treasury, as provided under section 1304 of title 31, United States Code, to the person or persons designated to receive the damage award. (II) Use of damage award
A damage award described under subclause (I) shall be used by the recipient to protect or restore native biodiversity on Federal land or on land adjoining Federal land. |
108hr5312ih | (III) Court costs
Any award of costs of litigation and any award of attorney fees shall be paid by a Federal violator not later than 40 days after the date on which judgment is rendered. (F) Waiver of sovereign immunity
(i) In general
The United States (including agents and employees of the United States) waives its sovereign immunity in all respects in all actions under subsection (g)(3)(B) and this subsection. (ii) Notice
No notice is required to enforce this subsection.. 6A. |
108hr5312ih | Conservation of native biodiversity; selection logging; prohibition of clearcutting
(a) Applicability
This section applies to the administration and management of— (1) National Forest System land, under this Act; (2) Federal land, under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (3) National Wildlife Refuge System land, under the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ). |
108hr5312ih | (b) Native biodiversity in forested areas
The Secretary shall provide for the conservation or restoration of native biodiversity in each stand and each watershed throughout each forested area, except during the extraction stage of authorized mineral development or during authorized construction projects, in which cases the Secretary shall conserve native biodiversity to the maximum extent practicable. (c) Restriction on use of certain logging practices
(1) Definitions
In this subsection: (A) Age diversity
The term age diversity means the naturally occurring range and distribution of age classes within a given species. |
108hr5312ih | (B) Basal area
The term basal area means the area of the cross section of a tree stem, including the bark, at 4.5 feet above the ground. (C) Clearcutting
The term clearcutting means an even-age logging operation that removes all of the trees over a considerable portion of a stand at 1 time. |
108hr5312ih | (D) Conservation
The term conservation means protective measures for maintaining native biodiversity and active and passive measures for restoring diversity through management efforts, in order to protect, restore, and enhance as much of the variety of species and communities as practicable in abundances and distributions that provide for their continued existence and normal functioning, including the viability of populations throughout their natural geographic distributions. (E) Even-age logging operation
(i) In general
The term even-age logging operation means a logging activity that— (I) creates a clearing or opening that exceeds 1/5 acre; |
108hr5312ih | (II) creates a stand in which the majority of trees are within 10 years of the same age; or (III) within a period of 30 years, cuts or removes more than the lesser of— (aa) the growth of the basal area of all tree species (not including a tree of a non-native invasive tree species or an invasive plantation species) in a stand; or (bb) 20 percent of the basal area of a stand. |
108hr5312ih | (ii) Inclusion
The term even-age logging operation includes the application of clearcutting, high grading, seed-tree cutting, shelterwood cutting, or any other logging method in a manner inconsistent with selection management. (iii) Exclusion
The term even-age logging operation does not include the cutting or removal of— (I) a tree of a non-native invasive tree species; or (II) an invasive plantation species, if native longleaf pine are planted in place of the removed invasive plantation species. (F) Genetic diversity
The term genetic diversity means the differences in genetic composition within and among populations of a species. |
108hr5312ih | (G) High grading
The term high grading means the removal of only the larger or more commercially valuable trees in a stand, resulting in an alteration in the natural range of age diversity or species diversity in the stand. (H) Invasive plantation species
The term invasive plantation species means a loblolly pine or slash pine that was planted or managed by the Forest Service or any other Federal agency as part of an even-aged monoculture tree plantation. |
108hr5312ih | (I) Native biodiversity
(i) In general
The term native biodiversity means— (I) the full range of variety and variability within and among living organisms; and (II) the ecological complexes in which the living organisms would have occurred (including naturally occurring disturbance regimes) in the absence of significant human impact. |
108hr5312ih | (ii) Inclusions
The term native biodiversity includes diversity— (I) within a species (including genetic diversity, species diversity, and age diversity); (II) within a community of species; (III) between communities of species; (IV) within a discrete area, such as a watershed; (V) along a vertical plane from ground to sky, including application of the plane to all the other types of diversity; and (VI) along the horizontal plane of the land surface, including application of the plane to all the other types of diversity. |
108hr5312ih | (J) Non-native invasive tree species
(i) In general
The term non-native invasive tree species means a species of tree not native to North America. (ii) Inclusions
The term non-native invasive tree species includes— (I) Australian pine (Casaurina equisetifolia); (II) Brazilian pepper (Schinus terebinthifolius); (III) Common buckthorn (Rhamnus cathartica); (IV) Eucalyptus (Eucalyptus globulus); (V) Glossy buckthorn (Rhamnus frangula); |
108hr5312ih | (VI) Melaleuca (Melaleuca quinquenervia); (VII) Norway maple (Acer platanoides); (VIII) Princess tree (Paulownia tomentosa); (IX) Salt cedar (Tamarix species); (X) Silk tree (Albizia julibrissin); (XI) Strawberry guava (Psidium cattleianum); (XII) Tree-of-heaven (Ailanthus altissima); (XIII) Velvet tree (Miconia calvescens); |
108hr5312ih | and (XIV) White poplar (Populus alba). (K) Seed-tree cut
The term seed-tree cut means an even-age logging operation that leaves a small minority of seed trees in a stand for any period of time. (L) Selection management
(i) In general
The term selection management means a method of logging that emphasizes the periodic, individual selection and removal of varying size and age classes of the weaker, nondominant cull trees in a stand and leaves uncut the stronger dominant trees to survive and reproduce, |
108hr5312ih | in a manner that works with natural forest processes and— (I) ensures the maintenance of continuous high forest cover where high forest cover naturally occurs; (II) ensures the maintenance or natural regeneration of all native species in a stand; (III) ensures the growth and development of trees through a range of diameter or age classes to provide a sustained yield of forest products including clean water, rich soil, and native plants and wildlife; and (IV) ensures that some dead trees, standing and downed, shall be left in each stand where selection logging occurs, to fulfill their necessary ecological functions in the forest ecosystem, |
108hr5312ih | including providing elemental and organic nutrients to the soil, water retention, and habitat for endemic insect species that provide the primary food source for predators (including various species of amphibians and birds, such as cavity nesting woodpeckers). (ii) Exclusion
(I) In general
Subject to subclause (II), the term selection management does not include an even-age logging operation. |
108hr5312ih | (II) Felling age; native biodiversity
Subclause (I) does not— (aa) establish a 150-year projected felling age as the standard at which individual trees in a stand are to be cut; or (bb) limit native biodiversity to that which occurs within the context of a 150-year projected felling age. (M) Shelterwood cut
The term shelterwood cut means an even-age logging operation that leaves— (i) a minority of the stand (larger than a seed-tree cut) as a seed source; or (ii) a protection cover remaining standing for any period of time. |
108hr5312ih | (N) Species diversity
The term species diversity means the richness and variety of native species in a particular location. (O) Stand
The term stand means a biological community of trees on land described in subsection (a), comprised of not more than 100 contiguous acres with sufficient identity of 1 or more characteristics (including location, topography, and dominant species) to be managed as a unit. (P) Timber purpose
(i) In general
The term timber purpose means the use, sale, lease, or distribution of trees, including the felling of trees or portions of trees. |
108hr5312ih | (ii) Exception
The term timber purpose does not include the felling of trees or portions of trees to create land space for a Federal administrative structure. (Q) Within-community diversity
The term within-community diversity means the distinctive assemblages of species and ecological processes that occur in various physical settings of the biosphere and distinct locations. (2) Prohibition of clearcutting and other forms of even-age logging operations
No clearcutting or other form of even-age logging operation shall be permitted in any stand or watershed. |
108hr5312ih | (3) Management of native biodiversity
On each stand on which an even-age logging operation has been conducted on or before the date of enactment of this section, and on each deforested area managed for timber purposes on or before the date of enactment of this section, excluding areas occupied by existing buildings, the Secretary shall— (A) prescribe a shift to selection management; or (B) cease managing the stand for timber purposes, in which case the Secretary shall— (i) undertake an active restoration of the native biodiversity of the stand; or (ii) permit the stand to regain native biodiversity. |
108hr5312ih | (4) Enforcement
(A) Finding
Congress finds that all people of the United States are injured by actions on land to which subsection (g)(3)(B) and this subsection applies. (B) Purpose
The purpose of this paragraph is to foster the widest and most effective possible enforcement of subsection (g)(3)(B) and this subsection. (C) Federal enforcement
The Secretary of Agriculture, the Secretary of the Interior, and the Attorney General shall enforce subsection (g)(3)(B) and this subsection against any person that violates 1 or more of those provisions. |
108hr5312ih | (D) Citizen suits
(i) In general
A citizen harmed by a violation of subsection (g)(3)(B) or this subsection may bring a civil action in United States district court for a declaratory judgment, a temporary restraining order, an injunction, statutory damages, or other remedy against any alleged violator, including the United States. |
108hr5312ih | (ii) Judicial relief
If a district court of the United States determines that a violation of subsection (g)(3)(B) or this subsection has occurred, the district court— (I) shall impose a damage award of not less than $5,000; (II) may issue 1 or more injunctions or other forms of equitable relief; and (III) shall award to the plaintiffs reasonable costs of bringing the action, including attorney’s fees, witness fees, and other necessary expenses. |
108hr5312ih | (iii) Standard of proof
The standard of proof in all actions under this subparagraph shall be the preponderance of the evidence. (iv) Trial
A trial for any action under this subsection shall be de novo. (E) Payment of damages
(i) Non-federal violator
A damage award under subparagraph (D)(ii) shall be paid to the Treasury by a non-Federal violator or violators designated by the court. |
108hr5312ih | (ii) Federal violator
(I) In general
Not later than 40 days after the date on which judgment is rendered, a damage award under subparagraph (D)(ii) for which the United States is determined to be liable shall be paid from the Treasury, as provided under section 1304 of title 31, United States Code, to the person or persons designated to receive the damage award. (II) Use of damage award
A damage award described under subclause (I) shall be used by the recipient to protect or restore native biodiversity on Federal land or on land adjoining Federal land. |
108hr5312ih | (III) Court costs
Any award of costs of litigation and any award of attorney fees shall be paid by a Federal violator not later than 40 days after the date on which judgment is rendered. (F) Waiver of sovereign immunity
(i) In general
The United States (including agents and employees of the United States) waives its sovereign immunity in all respects in all actions under subsection (g)(3)(B) and this subsection. (ii) Notice
No notice is required to enforce this subsection. 104. |
108hr5312ih | Conforming amendments
Section 6(g)(3) of the Forest and Rangeland Renewable Resource Planning Act of 1974 ( 16 U.S.C. 1604(g)(3) ) is amended— (1) in subparagraph (D), by inserting and after the semicolon at the end; (2) in subparagraph (E), by striking ; and and inserting a period; and (3) by striking subparagraph (F). 201. Findings
Congress finds that— (1) unfragmented forests on Federal land, unique and valuable assets to the general public, are damaged by extractive logging; |
108hr5312ih | (2) less than 10 percent of the original unlogged forests of the United States remain, and the vast majority of the remnants of the original forests of the United States are located on Federal land; (3) large, unfragmented forest watersheds provide high-quality water supplies for drinking, agriculture, industry, and fisheries across the United States; (4) the most recent scientific studies indicate that several thousand species of plants and animals are dependent on large, unfragmented forest areas; (5) many neotropical migratory songbird species are experiencing documented broad-scale population declines and require large, |
108hr5312ih | unfragmented forests to ensure their survival; (6) destruction of large-scale natural forests has resulted in a tremendous loss of jobs in the fishing, hunting, tourism, recreation, and guiding industries, and has adversely affected sustainable nontimber forest products industries such as the collection of mushrooms and herbs; (7) extractive logging programs on Federal land are carried out at enormous financial costs to the Treasury and taxpayers of the United States; (8) Ancient forests continue to be threatened by logging and deforestation and are rapidly disappearing; (9) Ancient forests help regulate atmospheric balance, maintain biodiversity, |
108hr5312ih | and provide valuable scientific opportunity for monitoring the health of the planet; (10) prohibiting extractive logging in the Ancient forests would create the best conditions for ensuring stable, well distributed, and viable populations of the northern spotted owl, marbled murrelet, American marten, and other vertebrates, invertebrates, vascular plants, and nonvascular plants associated with those forests; (11) prohibiting extractive logging in the Ancient forests would create the best conditions for ensuring stable, well distributed, and viable populations of anadromous salmonids, resident salmonids, and bull trout; |