HR 5263 IHCommentsClose CommentsPermalink

To encourage the collaborative, science-based ecosystem restoration of priority forest landscapes on Federal lands under the jurisdiction of the Bureau of Land Management and the Forest Service through a joint Collaborative Forest Landscape Restoration Program, and for other purposes.CommentsClose CommentsPermalink

February 7, 2008

Mr. GRIJALVA introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To encourage the collaborative, science-based ecosystem restoration of priority forest landscapes on Federal lands under the jurisdiction of the Bureau of Land Management and the Forest Service through a joint Collaborative Forest Landscape Restoration Program, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Forest Landscape Restoration Act'.CommentsClose CommentsPermalink

SEC. 2. PURPOSE.

The purpose of this Act is to encourage the collaborative, science-based ecosystem restoration of priority forest landscapes through a process that--CommentsClose CommentsPermalink





(1) encourages ecological, economic, and social sustainability;CommentsClose CommentsPermalink





(2) leverages local resources with national and private resources;CommentsClose CommentsPermalink





(3) facilitates the reduction of wildfire management costs, including through reestablishing natural fire regimes and reducing the risk of uncharacteristic wildfire; andCommentsClose CommentsPermalink





(4) demonstrates the degree to which--CommentsClose CommentsPermalink





(A) various ecological restoration techniques--CommentsClose CommentsPermalink





(i) achieve ecological health objectives; andCommentsClose CommentsPermalink





(ii) affect wildfire activity and management costs; andCommentsClose CommentsPermalink





(B) the use of forest restoration byproducts can offset treatment costs while benefitting rural economies and improving forest health.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) COVERED FEDERAL LANDS- The term `covered Federal lands' means Federal lands under the jurisdiction of the Bureau of Land Management and National Forest System lands.CommentsClose CommentsPermalink





(2) FUND- The term `Fund' means the Collaborative Forest Landscape Restoration Fund established by section 4(g).CommentsClose CommentsPermalink





(3) PROGRAM- The term `program' means the Collaborative Forest Landscape Restoration Program established under section 4(a).CommentsClose CommentsPermalink





(4) SECRETARIES- The term `Secretaries' means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.CommentsClose CommentsPermalink

SEC. 4. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.

(a) Establishment- The Secretary of the Interior and the Secretary of Agriculture, acting jointly, shall establish a Collaborative Forest Landscape Restoration Program to select and fund ecological restoration treatments for priority forest landscapes in accordance with applicable law.CommentsClose CommentsPermalink





(b) Compliance With Existing Laws- All activities carried out under the program shall be carried out in compliance with section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) and the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).CommentsClose CommentsPermalink





(c) Eligibility Criteria- To be eligible for nomination under subsection (d) for selection and funding under the program, a collaborative forest landscape restoration proposal shall--CommentsClose CommentsPermalink





(1) be based on a landscape restoration strategy that--CommentsClose CommentsPermalink





(A) is complete or substantially complete;CommentsClose CommentsPermalink





(B) identifies and prioritizes ecological restoration treatments for a 10-year period across a landscape that is--CommentsClose CommentsPermalink





(i) at least 50,000 acres;CommentsClose CommentsPermalink





(ii) comprised primarily of forested covered Federal lands, but may also include other Federal, State, tribal, or private land;CommentsClose CommentsPermalink





(iii) in need of active ecosystem restoration; andCommentsClose CommentsPermalink





(iv) accessible by existing or proposed wood-processing infrastructure at an appropriate scale to use woody biomass and small-diameter wood removed in ecological restoration treatments;CommentsClose CommentsPermalink





(C) incorporates--CommentsClose CommentsPermalink





(i) the best available science and scientific application tools in ecological restoration strategies; andCommentsClose CommentsPermalink





(ii) the requirements for old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (f) and the requirements for large-tree retention of subsection (f) of section 102 of Public Law 108-148 (16 U.S.C. 6512); andCommentsClose CommentsPermalink





(D) does not include the establishment of permanent roads;CommentsClose CommentsPermalink





(2) be developed and implemented through a collaborative process that--CommentsClose CommentsPermalink





(A) includes multiple interested persons representing diverse interests;CommentsClose CommentsPermalink





(B) is transparent and nonexclusive or meets the requirements for a resource advisory committee under section 205 of Public Law 106-393 (16 U.S.C. 500 note); andCommentsClose CommentsPermalink





(C) has an established record of successful planning and implementation of ecological restoration projects on covered Federal lands;CommentsClose CommentsPermalink





(3) describe plans to--CommentsClose CommentsPermalink





(A) use fire for ecological restoration and maintenance, where appropriate;CommentsClose CommentsPermalink





(B) improve fish and wildlife habitat, including for endangered, threatened, and sensitive species;CommentsClose CommentsPermalink





(C) maintain or improve water quality;CommentsClose CommentsPermalink





(D) prevent, remediate, or control invasions of exotic species;CommentsClose CommentsPermalink





(E) maintain or decommission roads;CommentsClose CommentsPermalink





(F) use woody biomass and small-diameter trees produced from projects implementing the landscape restoration strategy;CommentsClose CommentsPermalink





(G) report annually on performance, including through performance measures from the plan entitled the `10 Year Comprehensive Strategy Implementation Plan' and dated December 2006;CommentsClose CommentsPermalink





(H) develop small business incubators and provide employment and training opportunities to people in rural communities, including contracts for monitoring activities, through--CommentsClose CommentsPermalink





(i) local private, nonprofit, or cooperative entities;CommentsClose CommentsPermalink





(ii) Youth Conservation Corps crews or related partnerships, with State, local, and non-profit youth groups;CommentsClose CommentsPermalink





(iii) small or micro-businesses; orCommentsClose CommentsPermalink





(iv) other entities that will hire or train a significant percentage of local people to complete such contracts; andCommentsClose CommentsPermalink





(I) take into account any applicable community wildfire protection plan (as defined in section 101 of Public Law 108-148 (16 U.S.C. 6511));CommentsClose CommentsPermalink





(4) analyze the anticipated cost savings resulting from--CommentsClose CommentsPermalink





(A) reduced wildfire management costs; andCommentsClose CommentsPermalink





(B) a decrease in the unit costs of implementing ecological restoration treatments over time;CommentsClose CommentsPermalink





(5) estimate--CommentsClose CommentsPermalink





(A) the annual Federal funding necessary to implement the proposal; andCommentsClose CommentsPermalink





(B) the amount of new non-Federal investment for carrying out the proposal that would be leveraged by Federal funding for ecological restoration treatments; andCommentsClose CommentsPermalink





(6) be subject to any other requirements that the Secretaries determines to be necessary for the efficient and effective administration of the program.CommentsClose CommentsPermalink





(d) Nomination Process-CommentsClose CommentsPermalink





(1) SUBMISSION- A collaborative forest landscape restoration proposal shall be submitted to the Director of the Bureau of Land Management for each State in which the covered Federal lands included in the proposal are located and to the Regional Forester for the Forest Service Region in which the covered Federal lands included in the proposal are located.CommentsClose CommentsPermalink





(2) NOMINATION- A State Director of the Bureau of Land Management or a Regional Forester may nominate collaborative forest landscape restoration proposals for selection by the Secretaries.CommentsClose CommentsPermalink





(3) DOCUMENTATION- With respect to each collaborative forest landscape restoration proposal that is nominated under paragraph (2)--CommentsClose CommentsPermalink





(A) the State Director of the Bureau of Land Management or Regional Forester making the nomination shall--CommentsClose CommentsPermalink





(i) include a proposal to use Federal funds allocated to the State Director of the Bureau of Land Management or Regional Forester to fund those costs of planning and carrying out ecological restoration treatments on covered Federal lands consistent with the landscape restoration strategy that would not be covered by amounts transferred to the Secretaries from the Fund; andCommentsClose CommentsPermalink





(ii) provide evidence that amounts proposed to be transferred to the Secretaries from the Fund during the first 2 years following selection would be used to carry out ecological restoration treatments consistent with the landscape restoration strategy during the same fiscal year in which the funds are transferred to the Secretaries; andCommentsClose CommentsPermalink





(B) if the collaborative forest landscape restoration proposal includes activities that would be carried out on land that is not under the jurisdiction of the Secretaries, the State Director of the Bureau of Land Management or Regional Forester making the nomination shall provide evidence that the owner of the non-covered Federal land intends to participate in, and provide appropriate funding to carry out, the activities on the non-covered Federal land.CommentsClose CommentsPermalink





(e) Selection Process-CommentsClose CommentsPermalink





(1) IN GENERAL- After consulting with any scientific and technical advisory panels established under subsection (f), the Secretaries shall, subject to paragraph (2), select the best collaborative forest landscape restoration proposals that--CommentsClose CommentsPermalink





(A) have been nominated under subsection (d)(2); andCommentsClose CommentsPermalink





(B) meet the eligibility criteria established by subsection (c).CommentsClose CommentsPermalink





(2) CRITERIA- In selecting collaborative forest landscape restoration proposals under paragraph (1), the Secretaries shall give special consideration to--CommentsClose CommentsPermalink





(A) the strength of the ecological case of the proposal for landscape restoration and the proposed restoration strategies;CommentsClose CommentsPermalink





(B) the strength of the collaborative process;CommentsClose CommentsPermalink





(C) whether the proposal would reduce the relative costs of carrying out treatments as a result of the use of woody biomass and small-diameter trees;CommentsClose CommentsPermalink





(D) whether the proposal is likely to achieve reductions in long-term wildfire management costs;CommentsClose CommentsPermalink





(E) the strength of the landscape restoration proposal and strategy; andCommentsClose CommentsPermalink





(F) whether an appropriate level of non-Federal investment would be leveraged in carrying out the proposal.CommentsClose CommentsPermalink





(3) LIMITATION- The Secretaries may select not more than--CommentsClose CommentsPermalink





(A) 10 collaborative forest landscape restoration proposals to be funded during any fiscal year; andCommentsClose CommentsPermalink





(B) 2 collaborative forest landscape restoration proposals in any 1 region of the National Forest System to be funded during any fiscal year.CommentsClose CommentsPermalink





(f) Advisory Panels-CommentsClose CommentsPermalink





(1) SCIENTIFIC ADVISORY PANEL- The Secretaries shall establish a scientific advisory panel comprised of not more than 12 experts in ecological forest restoration and fire ecology to evaluate, and provide recommendations on, any proposal that has been nominated under subsection (d)(2) and meets the eligibility criteria established by subsection (c) with respect to--CommentsClose CommentsPermalink





(A) the strength of the ecological case of the proposal for landscape restoration and the proposed restoration strategies; andCommentsClose CommentsPermalink





(B) whether the proposal is likely to achieve reductions in long-term wildfire management costs.CommentsClose CommentsPermalink





(2) TECHNICAL ADVISORY PANEL- The Secretaries may establish a technical advisory panel comprised of experts in rural business development and the use of woody biomass and small-diameter trees to evaluate, and provide recommendations on, any proposal that has been nominated under subsection (d)(2) and meets the eligibility criteria established by subsection (c) with respect to whether the proposal is likely to reduce the relative costs of carrying out treatments as a result of the use of woody biomass and small-diameter trees and provide local economic benefit.CommentsClose CommentsPermalink





(g) Collaborative Forest Landscape Restoration Fund-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established in the Treasury of the United States a fund, to be known as the `Collaborative Forest Landscape Restoration Fund', to be used to pay up to 50 percent of the cost of carrying out ecological restoration treatments on covered Federal lands for each collaborative forest landscape restoration proposal selected to be carried out under subsection (e), consisting of--CommentsClose CommentsPermalink





(A) such amounts as are appropriated to the Fund under paragraph (5); andCommentsClose CommentsPermalink





(B) any interest earned on investment of amounts in the Fund under paragraph (3).CommentsClose CommentsPermalink





(2) EXPENDITURES FROM FUND- On request by the Secretaries, the Secretary of the Treasury shall transfer from the Fund to the Secretaries such amounts as the Secretaries determines are necessary to carry out ecological restoration treatments under paragraph (1).CommentsClose CommentsPermalink





(3) ACCOUNTING AND REPORTING SYSTEM- The Secretaries shall establish an accounting and reporting system for the Fund.CommentsClose CommentsPermalink





(4) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Fund $40,000,000 for each of fiscal years 2008 through 2018, to remain available until expended.CommentsClose CommentsPermalink





(h) Program Implementation and Monitoring-CommentsClose CommentsPermalink





(1) WORK PLAN- Not later than 180 days after the date on which a collaborative forest landscape restoration proposal is selected to be carried out, the Secretaries shall create, in collaboration with the interested persons, an implementation work plan and budget to implement the collaborative forest landscape restoration proposal that includes--CommentsClose CommentsPermalink





(A) a description of the manner in which the proposal would be implemented to achieve ecological and community economic benefit, including capacity building to accomplish restoration;CommentsClose CommentsPermalink





(B) a business plan that addresses--CommentsClose CommentsPermalink





(i) the anticipated unit treatment cost reductions over 10 years;CommentsClose CommentsPermalink





(ii) the anticipated costs for infrastructure needed for the proposal;CommentsClose CommentsPermalink





(iii) the projected sustainability of the supply of woody biomass and small-diameter trees removed in ecological restoration treatments; andCommentsClose CommentsPermalink





(iv) the projected local economic benefits of the proposal; andCommentsClose CommentsPermalink





(C) documentation of the non-Federal investment in the priority landscape, including the sources and uses of the investments.CommentsClose CommentsPermalink





(2) PROJECT IMPLEMENTATION- Amounts transferred to the Secretaries from the Fund shall be used to carry out ecological restoration treatments that are--CommentsClose CommentsPermalink





(A) consistent with the landscape restoration proposal and strategy; andCommentsClose CommentsPermalink





(B) identified through the collaborative process described in subsection (c)(2).CommentsClose CommentsPermalink





(3) ANNUAL REPORT- The Secretaries, in collaboration with interested persons, shall prepare an annual report on the accomplishments of each selected collaborative forest landscape restoration proposal that includes--CommentsClose CommentsPermalink





(A) a description of all acres (or other appropriate unit) treated and restored through projects implementing the landscape restoration strategy;CommentsClose CommentsPermalink





(B) an evaluation of progress, including performance measures and how prior year evaluations have contributed to improved project performance;CommentsClose CommentsPermalink





(C) a description of community benefits achieved, including any local economic benefits;CommentsClose CommentsPermalink





(D) the results of the multiparty monitoring, evaluation, and accountability process under paragraph (4); andCommentsClose CommentsPermalink





(E) a summary of the costs of--CommentsClose CommentsPermalink





(i) treatments; andCommentsClose CommentsPermalink





(ii) relevant fire management activities.CommentsClose CommentsPermalink





(4) MULTIPARTY MONITORING- The Secretaries, in collaboration with interested persons, shall use a multiparty monitoring, evaluation, and accountability process to assess the positive or negative ecological, social, and economic effects of each project implementing a selected collaborative forest landscape restoration proposal for not less than 15 years after project implementation commences.CommentsClose CommentsPermalink





(i) Report- Not later than 5 years after the first fiscal year in which funding is made available to carry out ecological restoration projects under the program, and every 5 years thereafter, the Secretaries shall submit a report on the program, including an assessment of whether, and to what extent, the program is fulfilling the purposes of this Act, to--CommentsClose CommentsPermalink





(1) the Committee on Energy and Natural Resources of the Senate;CommentsClose CommentsPermalink





(2) the Committee on Appropriations of the Senate;CommentsClose CommentsPermalink





(3) the Committee on Natural Resources of the House of Representatives; andCommentsClose CommentsPermalink





(4) the Committee on Appropriations of the House of Representatives.CommentsClose CommentsPermalink