Most commented sections:

• Paragraph 52 (1 comments)
• Paragraph 541 (1 comments)

S 2895 ISCommentsClose CommentsPermalink

To restore forest landscapes, protect old growth forests, and manage national forests in the eastside forests of the State of Oregon, and for other purposes.CommentsClose CommentsPermalink

December 17, 2009CommentsClose CommentsPermalink

Mr. WYDEN introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

To restore forest landscapes, protect old growth forests, and manage national forests in the eastside forests of the State of Oregon, 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; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2009’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Purposes.CommentsClose CommentsPermalink





Sec. 3. Definitions.CommentsClose CommentsPermalink





Sec. 4. Forest management.CommentsClose CommentsPermalink





Sec. 5. Watershed management.CommentsClose CommentsPermalink





Sec. 6. Roads.CommentsClose CommentsPermalink





Sec. 7. Eastside Forest Scientific and Technical Advisory Panel.CommentsClose CommentsPermalink





Sec. 8. Eastside Landscape Forest Restoration Assessment.CommentsClose CommentsPermalink





Sec. 9. Ecological restoration projects.CommentsClose CommentsPermalink





Sec. 10. Collaboration.CommentsClose CommentsPermalink





Sec. 11. Environmental analysis and expedited administrative review.CommentsClose CommentsPermalink





Sec. 12. Biomass.CommentsClose CommentsPermalink





Sec. 13. Local contracting.CommentsClose CommentsPermalink





Sec. 14. Administration.CommentsClose CommentsPermalink





Sec. 15. Authorization of appropriations.CommentsClose CommentsPermalink

SEC. 2. PURPOSES.

The purposes of this Act are--CommentsClose CommentsPermalink





(1) to conserve and restore the eastside forests of the State;CommentsClose CommentsPermalink





(2) to create an immediate, predictable, and increased timber flow to support locally based restoration economies;CommentsClose CommentsPermalink





(3) to make the eastside forests of the State more resistant and resilient to, and to mitigate the effects of, climate change;CommentsClose CommentsPermalink





(4) to protect, restore, and increase old growth forest stands and trees in the eastside forests of the State;CommentsClose CommentsPermalink





(5) to expedite actions to conserve and restore forests in the eastside forests of the State that achieve ecological objectives and provide economic and social benefits;CommentsClose CommentsPermalink





(6) to promote collaboration in communities of the eastside forests of the State to support natural resource- and restoration-based economies;CommentsClose CommentsPermalink





(7) to streamline administrative processes for ecological restoration projects in the eastside forests of the State that result in improved forest and watershed health;CommentsClose CommentsPermalink





(8) to conserve and restore the ecological health and natural processes of aquatic and riparian ecosystems and watersheds in the State;CommentsClose CommentsPermalink





(9) to prioritize and strategically target restoration projects to improve forest and watershed health in old growth forests--CommentsClose CommentsPermalink





(A) with uncharacteristic conditions; andCommentsClose CommentsPermalink





(B) located in the eastside forests of the State;CommentsClose CommentsPermalink





(10) to provide periodic independent review of agency programs in carrying out this Act;CommentsClose CommentsPermalink





(11) to recognize that the threats to forest health, watershed health, and rural economies have reached an emergency status; andCommentsClose CommentsPermalink





(12) to ensure that Federal land managers in the State are good neighbors to private landowners.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ADVISORY PANEL- The term ‘advisory panel’ means the Eastside Forest Scientific and Technical Advisory Panel established under section 7(a).CommentsClose CommentsPermalink





(2) COLLABORATIVE GROUP- The term ‘collaborative group’ means an ad hoc association--CommentsClose CommentsPermalink





(A) described in section 10; andCommentsClose CommentsPermalink





(B) comprised of citizens of the State who--CommentsClose CommentsPermalink





(i) represent various interests of the State; andCommentsClose CommentsPermalink





(ii) as a condition of membership in the collaborative group, have agreed to work cooperatively to effectuate the purposes of this Act.CommentsClose CommentsPermalink





(3) COVERED AREA- The term ‘covered area’ means any area of the State that is--CommentsClose CommentsPermalink





(A) managed by the Chief of the Forest Service; andCommentsClose CommentsPermalink





(B) not covered by the Northwest Forest Plan.CommentsClose CommentsPermalink





(4) DECOMMISSION- The term ‘decommission’ means the conduct of a restoration activity on a road to return the road to a more natural state.CommentsClose CommentsPermalink





(5) EMERGENCY CONDITION- The term ‘emergency condition’ means a condition--CommentsClose CommentsPermalink





(A) that results in an--CommentsClose CommentsPermalink





(i) imminent risk to life or property; orCommentsClose CommentsPermalink





(ii) immediate impairment of the public use and enjoyment of a trail, road, highway, or public facility; andCommentsClose CommentsPermalink





(B) with respect to subparagraph (A)(ii), the probability of effective remediation of which outweighs the benefits of the knowledge of the public (including the benefits of public comment) regarding the condition, as determined by the Secretary.CommentsClose CommentsPermalink





(6) FOREST HEALTH- The term ‘forest health’ means conditions that enable forested land--CommentsClose CommentsPermalink





(A) to be durable, resilient, and less prone to uncharacteristic wildfire, insect, or pathogen outbreaks, while--CommentsClose CommentsPermalink





(i) supporting ecosystem services and populations of native species; andCommentsClose CommentsPermalink





(ii) allowing for natural disturbances;CommentsClose CommentsPermalink





(B) to maintain or develop species composition, ecosystem function and structure, hydrologic function, carbon cycling, and sediment regimes that are within an acceptable range that considers--CommentsClose CommentsPermalink





(i) historic variability; andCommentsClose CommentsPermalink





(ii) anticipated future conditions; andCommentsClose CommentsPermalink





(C) to be resistant and resilient to uncharacteristic events.CommentsClose CommentsPermalink





(7) FOREST PLAN- The term ‘forest plan’ means a National Forest management plan under the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.).CommentsClose CommentsPermalink





(8) FOREST STAND- The term ‘forest stand’ means a contiguous area of trees that are sufficiently uniform in composition, constitution, age, spatial arrangement, structure, or condition to be distinguishable as a unit.CommentsClose CommentsPermalink





(9) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).CommentsClose CommentsPermalink





(10) INFISH- The term ‘INFISH’ means the land and resource management plan amendments made before the date of enactment of this Act arising from the document--CommentsClose CommentsPermalink





(A) entitled ‘Inland Native Fish Strategy’;CommentsClose CommentsPermalink





(B) published by the Department of Agriculture; andCommentsClose CommentsPermalink





(C) dated July 28, 1995.CommentsClose CommentsPermalink





(11) LANDSCAPE SCALE- The term ‘landscape scale’ means a scale that--CommentsClose CommentsPermalink





(A) applies to a large geographic area that is normally measured in terms of a watershed of approximately 25,000 acres or a subbasin of approximately 1,000,000 acres; andCommentsClose CommentsPermalink





(B) may exhibit similarities that enable Federal forest managers to develop and implement management activities to address issues relating to--CommentsClose CommentsPermalink





(i) potential natural vegetation;CommentsClose CommentsPermalink





(ii) surface features;CommentsClose CommentsPermalink





(iii) water flow or distribution;CommentsClose CommentsPermalink





(iv) wildlife; andCommentsClose CommentsPermalink





(v) natural disturbances associated with flooding, wind, or fire.CommentsClose CommentsPermalink





(12) NATIONAL FOREST SYSTEM- The term ‘National Forest System’ has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).CommentsClose CommentsPermalink





(13) NORTHWEST FOREST PLAN- The term ‘Northwest Forest Plan’ means the plan that is comprised of--CommentsClose CommentsPermalink





(A) the Final Supplemental Environmental Impact Statement on Management of Habitat for Late-Successional and Old-Growth Forest Related Species Within the Range of the Northern Spotted Owl (2 volumes), dated February 1994;CommentsClose CommentsPermalink





(B) the Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents Within the Range of the Northern Spotted Owl, dated April 1994; andCommentsClose CommentsPermalink





(C) the Standards and Guidelines for Management of Habitat for Late-Successional and Old-Growth Forest Related Species Within the Range of the Northern Spotted Owl, dated April 1994.CommentsClose CommentsPermalink





(14) OLD GROWTH- The term ‘old growth’ means the oldest stage at which a plant community or a tree is capable of existing on a site, given the frequency of natural disturbance events.CommentsClose CommentsPermalink





(15) PACFISH- The term ‘PACFISH’ means the land and resource management plan amendments made before the date of enactment of this Act arising from the document--CommentsClose CommentsPermalink





(A) entitled ‘PACFISH-Implementation of Interim Strategies for Managing Anadromous Fish Producing Watersheds in Eastern Oregon and Washington, Idaho, and Portions of California’;CommentsClose CommentsPermalink





(B) published by--CommentsClose CommentsPermalink





(i) the Department of Agriculture; andCommentsClose CommentsPermalink





(ii) the Department of the Interior; andCommentsClose CommentsPermalink





(C) dated February 24, 1995.CommentsClose CommentsPermalink





(16) PERMANENT ROAD- The term ‘permanent road’ means a road--CommentsClose CommentsPermalink





(A) constructed, reconstructed, maintained, or operated on; andCommentsClose CommentsPermalink





(B) that is determined by the Secretary to be for an ongoing continuous or periodic use.CommentsClose CommentsPermalink





(17) PLANT ASSOCIATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘plant association’ means a description of the vegetation community that--CommentsClose CommentsPermalink





(i) would potentially, in the absence of a disturbance, occupy a site; andCommentsClose CommentsPermalink





(ii) may be aggregated into 1 or more groups based on similarities in plant species, composition, environment, and productivity.CommentsClose CommentsPermalink





(B) INCLUSION- The term ‘plant association’ includes, with respect to a forested site, species representing tree, shrub, and herbaceous layers.CommentsClose CommentsPermalink





(18) RESTORATION ACTIVITY- The term ‘restoration activity’, with respect to the decommissioning of a road, includes--CommentsClose CommentsPermalink





(A) the reestablishment of former drainage patterns;CommentsClose CommentsPermalink





(B) the stabilization of slopes;CommentsClose CommentsPermalink





(C) the restoration of vegetation;CommentsClose CommentsPermalink





(D) the blocking of each entrance to the road;CommentsClose CommentsPermalink





(E) the installation of water bars;CommentsClose CommentsPermalink





(F) the removal of culverts;CommentsClose CommentsPermalink





(G) the reestablishment of drainage-ways;CommentsClose CommentsPermalink





(H) the removal of unstable fills;CommentsClose CommentsPermalink





(I) the pulling back of road shoulders;CommentsClose CommentsPermalink





(J) the scattering of slash on the roadbed;CommentsClose CommentsPermalink





(K) the elimination of the roadbed through the restoration of natural contours and slopes; andCommentsClose CommentsPermalink





(L) any other method that is designed to address each specific condition of the road.CommentsClose CommentsPermalink





(19) RESTORATION ASSESSMENT- The term ‘restoration assessment’ means the Eastside Landscape Forest Restoration Assessment prepared under section 8(a).CommentsClose CommentsPermalink





(20) SECRETARY- The term ‘Secretary’ means the Secretary of Agriculture (acting through the Chief of the Forest Service).CommentsClose CommentsPermalink





(21) STATE- The term ‘State’ means the State of Oregon.CommentsClose CommentsPermalink





(22) TEMPORARY ROAD- The term ‘temporary road’ means a road that is--CommentsClose CommentsPermalink





(A) constructed or reconstructed as part of any project; andCommentsClose CommentsPermalink





(B) not a permanent road, as determined by the Secretary.CommentsClose CommentsPermalink





(23) UNCHARACTERISTIC- The term ‘uncharacteristic’ means, with respect to a wildfire, outbreak of insects or pathogens, or a level of forest fuel, a wildfire, outbreak, or level of fuel the severity, size, frequency, or quantity of which exceeds any similar natural process, event, or condition as in existence before the date of Euro-American settlement of the land on which the wildfire, outbreak, or level of fuel occurs.CommentsClose CommentsPermalink





(24) WATERSHED HEALTH- The term ‘watershed health’ means landscape conditions that enable riparian and aquatic ecosystems--CommentsClose CommentsPermalink





(A)(i) to capture, store, and release water, sediment, wood, and nutrients; andCommentsClose CommentsPermalink





(ii) to provide for water temperatures that are within the range of variability of the natural regimes for the processes described in clause (i); andCommentsClose CommentsPermalink





(B) to create and sustain functional riparian, aquatic, and wetland habitats that are capable of supporting diverse populations of native aquatic- and riparian-dependent species.CommentsClose CommentsPermalink





(25) WILDLAND-URBAN INTERFACE- The term ‘wildland-urban interface’ has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).CommentsClose CommentsPermalink

SEC. 4. FOREST MANAGEMENT.

(a) Management Goals-CommentsClose CommentsPermalink





(1) IN GENERAL- For the covered area, after considering the best available science, the Secretary shall manage the forest, stream, grassland, wetland, alpine, and other land and water located in the covered area--CommentsClose CommentsPermalink





(A) to conserve and restore the health, natural structure, processes, and functions of the forests and watersheds located in the covered area;CommentsClose CommentsPermalink





(B) to reduce the risk of uncharacteristic disturbances from fire, insects, and disease;CommentsClose CommentsPermalink





(C) to allow for characteristic natural disturbances; andCommentsClose CommentsPermalink





(D) to increase the resistance and resiliency of the covered land to uncharacteristic events.CommentsClose CommentsPermalink





(2) IMPLEMENTATION-CommentsClose CommentsPermalink





(A) IN GENERAL- To achieve each goal described in paragraph (1), the Secretary shall--CommentsClose CommentsPermalink





(i) use landscape scale planning to implement ecological restoration projects in the covered area; andCommentsClose CommentsPermalink





(ii) carry out the implementation of each ecological restoration project activity of the Secretary in a manner consistent with the advice of the advisory panel.CommentsClose CommentsPermalink





(B) PROJECTS- In carrying out projects and other activities to achieve each goal described in paragraph (1), the Secretary shall consider methodologies that could potentially help achieve--CommentsClose CommentsPermalink





(i) reduced basal areas in overstocked forest stands;CommentsClose CommentsPermalink





(ii) increased mean diameter of forest stands;CommentsClose CommentsPermalink





(iii) a forest composition that focuses on more fire- and drought-tolerant species;CommentsClose CommentsPermalink





(iv) restored historical levels of within-forest stand spatial heterogeneity;CommentsClose CommentsPermalink





(v) the conservation and restoration of old growth;CommentsClose CommentsPermalink





(vi) a reduced risk from uncharacteristic wildfire, disease, climate change, and competition;CommentsClose CommentsPermalink





(vii) the restoration and maintenance of historic population levels of older trees;CommentsClose CommentsPermalink





(viii) the restoration of ecologically sustainable forest stands and landscapes to incorporate characteristic forest stand structures and older tree populations;CommentsClose CommentsPermalink





(ix) wood harvests to sustain adequate levels of industry infrastructure;CommentsClose CommentsPermalink





(x) the maintenance of sustainable and fire-resilient conditions in perpetuity through active management (including management through prescribed or wildland fire and mechanical activities);CommentsClose CommentsPermalink





(xi) ecologically appropriate spatial complexity (including a range of open to dense forest patches at scales from the forest stand to the landscape);CommentsClose CommentsPermalink





(xii) spatial heterogeneity as an essential element in restoring and sustaining forests and landscapes;CommentsClose CommentsPermalink





(xiii) nonuniform effects by avoiding extensive areas of uniform treatment except for certain treatments (such as broadcast burns) that are carried out to enhance the spatial heterogeneity of the forest site;CommentsClose CommentsPermalink





(xiv) increased stakeholder participation through collaborative groups; andCommentsClose CommentsPermalink





(xv) appropriate understory plant community composition and condition, including--CommentsClose CommentsPermalink





(I) the restoration and maintenance of native ground cover; andCommentsClose CommentsPermalink





(II) the reduction of the potential for exotic and other invasive species.CommentsClose CommentsPermalink





(b) Prohibitions on Removal of Certain Trees-CommentsClose CommentsPermalink





(1) LARGER TREES- Subject to paragraph (2) and except as provided in paragraph (3), the Secretary shall prohibit the cutting or removal of any live tree located in the covered area, the diameter of which exceeds 21 inches measured at breast height.CommentsClose CommentsPermalink





(2) SMALLER TREES- The Secretary shall prohibit the cutting or removal of a live tree located in the covered area, the diameter of which is less than 21 inches measured at breast height, if the Secretary determines that the prohibition is--CommentsClose CommentsPermalink





(A) consistent with the goals described in subsection (a)(1);CommentsClose CommentsPermalink





(B) consistent with the advice relating to the conservation and restoration of old growth provided by the advisory panel; andCommentsClose CommentsPermalink





(C) carried out in consultation with the affected collaborative group.CommentsClose CommentsPermalink





(3) EXCEPTIONS-CommentsClose CommentsPermalink





(A) ECOLOGICAL EXCEPTION- The Secretary shall permit the cutting or removal of a tree described in paragraph (1) if the Secretary determines that the cutting or removal of the tree is--CommentsClose CommentsPermalink





(i) consistent with the goals described in subsection (a)(1);CommentsClose CommentsPermalink





(ii) consistent with the advice relating to the conservation and restoration of old growth provided by the advisory panel; andCommentsClose CommentsPermalink





(iii) carried out in consultation with the affected collaborative group.CommentsClose CommentsPermalink





(B) ADMINISTRATIVE EXCEPTION-CommentsClose CommentsPermalink





(i) IN GENERAL- The Secretary shall permit the cutting or removal of a tree described in paragraph (1) or (2) if the Secretary determines that the cutting or removal of the tree is--CommentsClose CommentsPermalink





(I) necessary to protect any life or property;CommentsClose CommentsPermalink





(II) necessary to provide for safe administration or facilitate public enjoyment; andCommentsClose CommentsPermalink





(III) necessary and incidental to any valid use of National Forest System land if the Secretary avoids cutting protected trees to the maximum extent practicable.CommentsClose CommentsPermalink





(ii) NOTICE REQUIREMENT-CommentsClose CommentsPermalink





(I) IN GENERAL- Subject to subclause (II), the Secretary shall provide to the public and each affective collaborative group notice and an opportunity to comment before determining the existence of any exception described in clause (i).CommentsClose CommentsPermalink





(II) EMERGENCY CONDITIONS- Subclause (I) shall not apply in the case of an emergency condition.CommentsClose CommentsPermalink

SEC. 5. WATERSHED MANAGEMENT.

(a) Delineation of Riparian Habitat Conservation Areas- Each riparian habitat conservation area shall be delineated in each watershed for all permanently flowing streams, lakes, wetlands, seeps, springs, and intermittent streams as follows:CommentsClose CommentsPermalink





(1) FISH-BEARING STREAMS- The stream and the area on either side of the stream extending from the edges of the active stream channel to--CommentsClose CommentsPermalink





(A) the top of the inner gorge;CommentsClose CommentsPermalink





(B) the outer edges of the 100-year floodplain;CommentsClose CommentsPermalink





(C) the outer edges of riparian vegetation; andCommentsClose CommentsPermalink





(D) the greater of--CommentsClose CommentsPermalink





(i) a distance equal to the height of 2 site-potential trees; orCommentsClose CommentsPermalink





(ii) a slope distance of not less than 300 feet (600 feet, including both sides of the stream channel).CommentsClose CommentsPermalink





(2) PERMANENTLY FLOWING NONFISH BEARING STREAMS- The stream and the area on either side of the stream extending from the edges of the active stream channel to--CommentsClose CommentsPermalink





(A) the top of the inner gorge;CommentsClose CommentsPermalink





(B) the outer edges of the 100-year flood plain;CommentsClose CommentsPermalink





(C) the outer edges of riparian vegetation; andCommentsClose CommentsPermalink





(D) the greater of--CommentsClose CommentsPermalink





(i) a distance equal to the height of 1 site-potential tree; orCommentsClose CommentsPermalink





(ii) a slope distance of not less than 150 feet (300 feet, including both sides of the stream channel).CommentsClose CommentsPermalink





(3) PONDS, LAKES, RESERVOIRS, AND WETLANDS GREATER THAN 1 ACRE- The body of water or wetland and the area to--CommentsClose CommentsPermalink





(A) the outer edges of the riparian vegetation;CommentsClose CommentsPermalink





(B) the extent of the seasonally saturated soil;CommentsClose CommentsPermalink





(C) the extent of moderately and highly unstable areas; andCommentsClose CommentsPermalink





(D) the greater of--CommentsClose CommentsPermalink





(i) a distance equal to the height of 1 site-potential tree; orCommentsClose CommentsPermalink





(ii) a slope distance from the greater of--CommentsClose CommentsPermalink





(I) the edge of the maximum pool elevation of constructed ponds and reservoirs; orCommentsClose CommentsPermalink





(II) the edge of the wetland, pond, or lake.CommentsClose CommentsPermalink





(4) SEASONALLY FLOWING OR INTERMITTENT STREAMS, WETLANDS LESS THAN 1 ACRE, LANDSLIDES, AND LANDSLIDE-PRONE AREAS-CommentsClose CommentsPermalink





(A) IN GENERAL- In accordance with subparagraph (B), the riparian conservation area described in this paragraph shall include features with high variability in size and site-specific characteristics.CommentsClose CommentsPermalink





(B) MINIMUM REQUIREMENTS- At a minimum, the riparian conservation area described in this paragraph shall include--CommentsClose CommentsPermalink





(i) the extent of landslide and landslide-prone areas;CommentsClose CommentsPermalink





(ii) the intermittent stream channel and the area to the top of the inner gorge;CommentsClose CommentsPermalink





(iii) the intermittent stream channel or wetland and the area to the outer edges of the riparian vegetation;CommentsClose CommentsPermalink





(iv) with respect to key and priority watersheds, as identified under PACFISH and INFISH, the area from the edges of the stream channel, wetland, landslide, or landslide-prone area to a distance equal to the greater of--CommentsClose CommentsPermalink





(I) the height of 1 site-potential tree; orCommentsClose CommentsPermalink





(II) a slope distance of not less than 100 feet; andCommentsClose CommentsPermalink





(v) for watersheds not identified as key and priority watersheds, as identified under PACFISH and INFISH, the area from the edges of the stream channel, wetland, landslide, or landslide-prone area to a distance equal to the greater of--CommentsClose CommentsPermalink





(I) the height of 1 site-potential tree; orCommentsClose CommentsPermalink





(II) a slope distance of not less than 50 feet.CommentsClose CommentsPermalink





(b) National Forest Land-CommentsClose CommentsPermalink





(1) IN GENERAL- Within each parcel of National Forest located within the covered area, the Secretary shall conserve and restore aquatic and riparian resources as required by each applicable land and resource management plan, as amended by PACFISH and INFISH.CommentsClose CommentsPermalink





(2) MODIFICATIONS- The Secretary may modify the aquatic and riparian protection requirements of any land and resource management plan that applies to the covered area if the Secretary determines, after taking into consideration the best available science, that a modification to PACFISH or INFISH, as appropriate, would provide equivalent or additional protection with respect to aquatic or riparian resources.CommentsClose CommentsPermalink





(c) Authority of Secretary- In determining whether a portion of a project may occur in a riparian habitat conservation area, the Secretary may permit short-term negative effects to aquatic or riparian conditions from activities within the riparian habitat conservation area if the project is designed--CommentsClose CommentsPermalink





(1) in a manner that takes into consideration the best available science; andCommentsClose CommentsPermalink





(2) to accomplish the long-term restoration of the riparian habitat conservation area.CommentsClose CommentsPermalink





(d) Effect- Nothing in this Act--CommentsClose CommentsPermalink





(1) supersedes any biological opinion that addresses any land and resource management plan, as amended by PACFISH or INFISH with respect to the covered area; orCommentsClose CommentsPermalink





(2) modifies any requirement described in the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).CommentsClose CommentsPermalink

SEC. 6. ROADS.

(a) Permanent Roads Limitation-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the Secretary may not construct a permanent road in the covered area.CommentsClose CommentsPermalink





(2) EXCEPTIONS- The Secretary may construct a permanent road under paragraph (1) if--CommentsClose CommentsPermalink





(A) the Secretary determines that--CommentsClose CommentsPermalink





(i) the road is a justifiable realignment, restoration, or correction to the placement of a permanent road that is--CommentsClose CommentsPermalink





(I) in existence as of the date of enactment of this Act; andCommentsClose CommentsPermalink





(II) to be decommissioned; andCommentsClose CommentsPermalink





(ii) the health of the affected forest or watershed would be improved through the replacement of the road decommissioned under clause (i)(II); orCommentsClose CommentsPermalink





(B) the permanent road is incidental to other valid uses relating to the National Forest System land on which the permanent road is constructed if the Secretary, if no practicable alternative exists, avoids the siting of the uses in any area that contains trees protected under section 4(b).CommentsClose CommentsPermalink





(3) REQUIREMENTS FOR CONSTRUCTED PERMANENT ROADS- With respect to each permanent road constructed under this section, the Secretary shall ensure that the effects on the health of each affected forest and watershed shall be mitigated in a manner that--CommentsClose CommentsPermalink





(A) is consistent with the best management practices; andCommentsClose CommentsPermalink





(B) takes into consideration the best available science.CommentsClose CommentsPermalink





(4) CLASSIFICATION OF CONSTRUCTED AND RECONSTRUCTED ROADS- The Secretary may not classify as permanent any road that is constructed or reconstructed under this section if the Secretary determines that the Secretary will remove and remediate the road by the completion date of the project that required the construction or reconstruction of the road.CommentsClose CommentsPermalink





(b) Temporary Roads Limitation-CommentsClose CommentsPermalink





(1) IN GENERAL- In accordance with paragraph (2), the Secretary may construct a temporary road--CommentsClose CommentsPermalink





(A) if the Secretary--CommentsClose CommentsPermalink





(i) determines that--CommentsClose CommentsPermalink





(I) the construction of the temporary road would further the goals described in section 4(a)(1); andCommentsClose CommentsPermalink





(II) after consideration of both ecological and economic criteria, the construction of the temporary road would be reasonable; andCommentsClose CommentsPermalink





(ii) carries out the construction of the road in a manner consistent with any advice or recommendation relating to roads submitted to the Secretary by the advisory panel; orCommentsClose CommentsPermalink





(B) if the Secretary determines that the temporary road is incidental to other valid uses relating to the National Forest System land on which the temporary road is constructed if the Secretary, to the maximum extent practicable, avoids the siting of the uses in any area that contains trees protected under section 4(b).CommentsClose CommentsPermalink





(2) REQUIREMENTS FOR CONSTRUCTED TEMPORARY ROADS-CommentsClose CommentsPermalink





(A) IN GENERAL- With respect to each temporary road constructed under this section, the Secretary shall ensure that the effects to the health of each affected forest and watershed shall be mitigated in a manner--CommentsClose CommentsPermalink





(i) consistent with the best management practices; andCommentsClose CommentsPermalink





(ii) that takes into consideration the best available science.CommentsClose CommentsPermalink





(B) DECOMMISSIONING OF ROADS- As soon as practicable after the completion date of a project the conduct of which required the construction of a temporary road, the Secretary shall decommission the temporary road.CommentsClose CommentsPermalink





(3) CLASSIFICATION OF TEMPORARY ROADS- The Secretary may not classify as permanent any temporary road described in this subsection unless the Secretary constructs the permanent road in a manner consistent with subsection (a).CommentsClose CommentsPermalink





(c) Net Road Reduction-CommentsClose CommentsPermalink





(1) IN GENERAL- In developing ecological restoration projects under this Act, the Secretary shall--CommentsClose CommentsPermalink





(A) examine opportunities for, and achieve, a net reduction in the permanent road system; andCommentsClose CommentsPermalink





(B) to the maximum extent practicable, improve forest and watershed health.CommentsClose CommentsPermalink





(2) REDUCTION OF EXISTING ROADS- In decommissioning and closing nonessential roads pursuant to the restoration assessment or an ecological restoration project, the Secretary shall, to the maximum extent practicable, improve forest and watershed health.CommentsClose CommentsPermalink

SEC. 7. EASTSIDE FOREST SCIENTIFIC AND TECHNICAL ADVISORY PANEL.

(a) In General- Not later than 90 days after the date of enactment of this Act, the Secretary shall establish an advisory panel--CommentsClose CommentsPermalink





(1) to be known as the ‘Eastside Forest Scientific and Technical Advisory Panel’; andCommentsClose CommentsPermalink





(2) to advise periodically the Secretary, collaborative groups, and the public regarding the development and implementation of--CommentsClose CommentsPermalink





(A) forest and watershed management goals;CommentsClose CommentsPermalink





(B) the restoration assessment; andCommentsClose CommentsPermalink





(C) ecological restoration projects.CommentsClose CommentsPermalink





(b) Composition-CommentsClose CommentsPermalink





(1) APPOINTMENT- The advisory panel shall be composed of 7 members, each of whom shall be appointed by the Secretary, in consultation with the appropriate committees of Congress.CommentsClose CommentsPermalink





(2) REQUIREMENTS-CommentsClose CommentsPermalink





(A) IN GENERAL- In appointing individuals under paragraph (1), the Secretary shall ensure that--CommentsClose CommentsPermalink





(i) the advisory panel shall consist of individuals representing experts recommended by an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) or a professional society; andCommentsClose CommentsPermalink





(ii) each individual possesses expertise in a field relating to--CommentsClose CommentsPermalink





(I) forest ecology;CommentsClose CommentsPermalink





(II) wildlife ecology;CommentsClose CommentsPermalink





(III) aquatic and riparian ecology;CommentsClose CommentsPermalink





(IV) silviculture;CommentsClose CommentsPermalink





(V) road and logging engineering;CommentsClose CommentsPermalink





(VI) ecological restoration;CommentsClose CommentsPermalink





(VII) wildland fire;CommentsClose CommentsPermalink





(VIII) ecosystem services economics;CommentsClose CommentsPermalink





(IX) timber economics;CommentsClose CommentsPermalink





(X) invasive species;CommentsClose CommentsPermalink





(XI) soil science and geology;CommentsClose CommentsPermalink





(XII) water quantity and water quality;CommentsClose CommentsPermalink





(XIII) hydrology; orCommentsClose CommentsPermalink





(XIV) forest carbon life-cycle.CommentsClose CommentsPermalink





(B) GOALS OF SECRETARY- In appointing individuals under paragraph (1), the Secretary shall ensure that the collective appointment of the individuals will result in--CommentsClose CommentsPermalink





(i) the representation of a broad array of fields described in subparagraph (A)(ii); andCommentsClose CommentsPermalink





(ii) through the collaboration of the individuals appointed under paragraph (1) with scientific, professional, or technical experts, a broad coverage of the fields described in subparagraph (A)(ii).CommentsClose CommentsPermalink





(c) Duties-CommentsClose CommentsPermalink





(1) RECOMMENDATIONS REPORT-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 180 days after the date on which the Secretary establishes the advisory panel under subsection (a), the advisory panel shall submit to the Secretary and make available to the public a report that contains recommendations regarding the manner by which the Secretary may best achieve the goals described in section 4(a)(1).CommentsClose CommentsPermalink





(B) REQUIREMENTS- In carrying out subparagraph (A), the advisory panel shall ensure that the recommendations contained in the report--CommentsClose CommentsPermalink





(i) are based on the best available science; andCommentsClose CommentsPermalink





(ii) provide management guidance to the Secretary regarding--CommentsClose CommentsPermalink





(I) various plant association groups;CommentsClose CommentsPermalink





(II) the differing qualities to be protected and restored in each plant association group;CommentsClose CommentsPermalink





(III) terrestrial, aquatic, riparian, wildlife, fish, vegetation, soil, carbon, and other resources to be protected;CommentsClose CommentsPermalink





(IV) the types of restoration necessary and desirable to restore forest and watershed health (including thinning, prescribed and natural fire, and other appropriate activities);CommentsClose CommentsPermalink





(V) instances during which the cutting of trees described in section 4(b)(3)(A) would generally be considered to be scientifically appropriate;CommentsClose CommentsPermalink





(VI) instances during which the cutting of trees described in section 4(b)(2) would generally not be considered to be scientifically appropriate; andCommentsClose CommentsPermalink





(VII) the size and scope of necessary interim, experimental, and ecological restoration projects.CommentsClose CommentsPermalink





(2) ADMINISTRATION-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to subparagraph (B), to the maximum extent practicable, the advisory panel shall achieve a consensus with respect to each recommendation included in the report under paragraph (1).CommentsClose CommentsPermalink





(B) INCLUSION OF DISSENTING OPINIONS- If the advisory panel fails to achieve a consensus with respect to any recommendation included in a report under paragraph (1), the advisory panel shall include in the report each dissenting opinion relating to the recommendation to enable the Secretary to consider each opinion in making a management determination.CommentsClose CommentsPermalink





(d) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 5 years after the date of enactment of this Act, the advisory panel shall submit to the appropriate committees of Congress a report that contains--CommentsClose CommentsPermalink





(A) an evaluation by the advisory panel with respect to the implementation and effectiveness of this Act; andCommentsClose CommentsPermalink





(B) recommendations to improve the implementation or effectiveness of this Act (including any appropriate legislative action) to further the purposes and goals of this Act.CommentsClose CommentsPermalink





(2) REQUIREMENTS- In preparing the report under paragraph (1), the advisory panel shall--CommentsClose CommentsPermalink





(A) conduct an assessment regarding the implementation and effectiveness of this Act with respect to--CommentsClose CommentsPermalink





(i) quantitative and qualitative improvements to forest and watershed health, including resiliency, aquatic function, and the restoration of plant composition, structure, and function in the covered area;CommentsClose CommentsPermalink





(ii) the development of--CommentsClose CommentsPermalink





(I) ecological restoration projects;CommentsClose CommentsPermalink





(II) landscape scale planning efforts; andCommentsClose CommentsPermalink





(III) biomass utilization; andCommentsClose CommentsPermalink





(iii) the maintenance of industry infrastructure; andCommentsClose CommentsPermalink





(B) determine whether tree protection criteria not based on a diameter limitation would provide a stronger ecological basis for cutting prohibitions, including whether switching to age-based or other criteria would--CommentsClose CommentsPermalink





(i) be feasible to administer; andCommentsClose CommentsPermalink





(ii) provide a more scientifically sound basis to protect forest and watershed health.CommentsClose CommentsPermalink





(e) Public Comment-CommentsClose CommentsPermalink





(1) IN GENERAL- As soon as practicable after the date of receipt of the report under subsection (d)(1), the Secretary shall provide to the public notice and an opportunity to comment on the report.CommentsClose CommentsPermalink





(2) SUMMARY OF COMMENTS- Not later than 90 days after the date of receipt of the report under subsection (d)(1), the Secretary shall--CommentsClose CommentsPermalink





(A) prepare a detailed summary of the comments received under paragraph (1);CommentsClose CommentsPermalink





(B) submit in the report described in subsection (d)(1) the summary described in subparagraph (A); andCommentsClose CommentsPermalink





(C) make available to the public the report and the summary in a variety of sources, including online.CommentsClose CommentsPermalink

SEC. 8. EASTSIDE LANDSCAPE FOREST RESTORATION ASSESSMENT.

(a) In General- Not later than 2 years after the date of enactment of this Act, in consultation with each applicable collaborative group, the Secretary shall prepare an assessment to be known as the ‘Eastside Landscape Forest Restoration Assessment’.CommentsClose CommentsPermalink





(b) Restoration Assessment- In preparing the restoration assessment, the Secretary shall--CommentsClose CommentsPermalink





(1) consider--CommentsClose CommentsPermalink





(A) the best available science; andCommentsClose CommentsPermalink





(B) each applicable recommendation provided by the advisory panel;CommentsClose CommentsPermalink





(2) consider and address forest and watershed health by plant association group or watershed;CommentsClose CommentsPermalink





(3) characterize the health of forests and watersheds;CommentsClose CommentsPermalink





(4) identify any measure necessary to restore forest and watershed health;CommentsClose CommentsPermalink





(5) identify 1 or more proposed ecological restoration project areas;CommentsClose CommentsPermalink





(6) assess the road network in existence as of the date of enactment of this Act to determine present and future needs, based on consideration of--CommentsClose CommentsPermalink





(A) projected funding levels; andCommentsClose CommentsPermalink





(B) methods to hydrologically and ecologically restore land and water by--CommentsClose CommentsPermalink





(i) decommissioning unnecessary and undesirable roads; andCommentsClose CommentsPermalink





(ii) reducing the environmental impact of necessary and desirable roads;CommentsClose CommentsPermalink





(7) establish baseline, ecological, economic, and social conditions;CommentsClose CommentsPermalink





(8) prioritize restoration needs and ecological restoration project areas; andCommentsClose CommentsPermalink





(9) evaluate local infrastructure, workforce capacity needs, and local economic value potential relating to comprehensive forest restoration.CommentsClose CommentsPermalink





(c) Requirements-CommentsClose CommentsPermalink





(1) RESTORATION PLAN- The restoration assessment shall contain a 10-year restoration plan that is comprised of activities the conduct of which will provide for the comprehensive ecological restoration of forest and watershed health.CommentsClose CommentsPermalink





(2) CONSISTENCY- The Secretary shall prepare the restoration assessment in a manner consistent with--CommentsClose CommentsPermalink





(A) the purposes of this Act;CommentsClose CommentsPermalink





(B) the goals described in section 4(a);CommentsClose CommentsPermalink





(C) sections 5 and 6;CommentsClose CommentsPermalink





(D) any appropriate guidance provided to the Secretary by the advisory panel; andCommentsClose CommentsPermalink





(E) any other applicable law (including regulations).CommentsClose CommentsPermalink





(d) Public Comment- In preparing the restoration assessment, the Secretary shall provide to the public--CommentsClose CommentsPermalink





(1) a draft copy of the restoration assessment; andCommentsClose CommentsPermalink





(2) notice and an opportunity to comment on the draft copy of the restoration assessment.CommentsClose CommentsPermalink





(e) Effect on Forest Plans- Each forest plan shall incorporate the findings of the restoration assessment as each forest plan is revised or amended.CommentsClose CommentsPermalink

SEC. 9. ECOLOGICAL RESTORATION PROJECTS.

(a) Ecological Restoration Projects-CommentsClose CommentsPermalink





(1) IMPLEMENTATION OF PROJECTS- As soon as practicable after the date of enactment of this Act, in accordance with the restoration assessment, and in consultation with the each appropriate collaborative group, the Secretary shall prepare, approve, and implement 1 or more ecological restoration projects.CommentsClose CommentsPermalink





(2) USE OF PROJECTS- The Secretary shall use landscape scale planning for ecological restoration projects in the covered area.CommentsClose CommentsPermalink





(3) BOUNDARIES- To the maximum extent practicable, in defining a landscape located in the covered area, the Secretary shall--CommentsClose CommentsPermalink





(A) use natural geographical and biological boundaries; andCommentsClose CommentsPermalink





(B) collaborate across administrative boundaries as appropriate.CommentsClose CommentsPermalink





(4) PRIORITIZATION-CommentsClose CommentsPermalink





(A) IN GENERAL- In accordance with subparagraph (B), the Secretary shall prioritize ecological restoration projects based on the degree to which the ecological restoration project would improve forest and watershed health, based on--CommentsClose CommentsPermalink





(i) dry and moist forest plant association groups; andCommentsClose CommentsPermalink





(ii) the need to maintain the industry infrastructure that is necessary to carry out restoration activities under this Act.CommentsClose CommentsPermalink





(B) CONSIDERATIONS- In carrying out subparagraph (A), the Secretary shall consider the best available science and data in developing projects and activities that would--CommentsClose CommentsPermalink





(i) minimize and reduce the risk of uncharacteristic fire and insect outbreaks, particularly if critical components and values are at risk, including--CommentsClose CommentsPermalink





(I) communities located in the applicable wildland-urban interface; andCommentsClose CommentsPermalink





(II) valuable forest structures (including old growth and older mature trees);CommentsClose CommentsPermalink





(ii) restore historic stand structure and composition;CommentsClose CommentsPermalink





(iii) improve the fire resiliency of the stand;CommentsClose CommentsPermalink





(iv) accelerate development of complex forest structure in a young forest that has been simplified through past management, including opportunities--CommentsClose CommentsPermalink





(I) to create spatial heterogeneity (including the creation of skips and gaps) using mechanical treatments to create wildlife habitat; andCommentsClose CommentsPermalink





(II) to retain biological legacies (including large standing, downed, live, and dead trees);CommentsClose CommentsPermalink





(v) assist in the implementation of community wildfire protection plans developed by at-risk communities (as those terms are defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511));CommentsClose CommentsPermalink





(vi) prioritize hazardous fuels reduction and vegetation management efforts to forest stands at a high or moderate departure from the historical range of variability; andCommentsClose CommentsPermalink





(vii) use the value of merchantable sawlogs and biomass to help offset the cost of ecological restoration activities.CommentsClose CommentsPermalink





(b) Expected Outcome-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall ensure that each forest located in the covered area shall be the subject of not less than 1 ecological restoration project that provides landscape scale work covering a gross planning area of not less than 25,000 acres per year by the earlier of the date that is--CommentsClose CommentsPermalink





(A) 1 year after the date of completion of the restoration assessment; orCommentsClose CommentsPermalink





(B) 3 years after the date of enactment of this Act.CommentsClose CommentsPermalink





(2) PROJECT REQUIREMENTS- Each project described in paragraph (1) shall provide a minimum quantity of timber based on the need to maintain a sustainable industrial capacity to perform the ecological restoration activities under this Act.CommentsClose CommentsPermalink





(3) PERIODIC REPORTS-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 1 year after the date of enactment of this Act and each year thereafter until the date on which the interim period described in subsection (c) is concluded, the Secretary shall submit to Congress a report on the progress of the restoration assessment and the steps taken toward implementing ecological restoration projects.CommentsClose CommentsPermalink





(B) INTERIM PERIOD- If the period beginning on the date of enactment of this Act and ending on the date on which the interim period described in subsection (c) is concluded is expected to exceed 3 years, the Secretary shall include in the applicable reports under subparagraph (A)--CommentsClose CommentsPermalink





(i) an explanation of the reasons for noncompliance with the deadlines established under this Act; andCommentsClose CommentsPermalink





(ii) a description of further actions that are necessary to implement this Act.CommentsClose CommentsPermalink





(c) Interim Projects-CommentsClose CommentsPermalink





(1) IN GENERAL- Until the date on which the Secretary initiates mechanical treatments under an ecological restoration project in an applicable National Forest (after the date of completion of a restoration assessment with respect to the ecological restoration project), the Secretary shall prepare, approve, and implement interim projects for all vegetation management contracts (including commercial timber sales and stewardship contracts) for the National Forest that are consistent with--CommentsClose CommentsPermalink





(A) the prohibition on removal of certain trees under section 4(b);CommentsClose CommentsPermalink





(B) each limit on activities carried out within a riparian conservation area described in section 5(a);CommentsClose CommentsPermalink





(C) each limitation relating to permanent and temporary roads under section 6; andCommentsClose CommentsPermalink





(D) each recommendation of the advisory panel determined by the Secretary to be appropriate for the interim project.CommentsClose CommentsPermalink





(2) APPEALS- Until the date on which the Secretary initiates mechanical treatments under an ecological restoration project within an applicable National Forest located in the covered area, the conduct of an interim project shall not be subject to any administrative appeal.CommentsClose CommentsPermalink





(3) FINAL DECISION OF SECRETARY- The final decision of the Secretary with respect to any interim project shall be considered to be a final agency action for the purpose of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘Administrative Procedure Act’).CommentsClose CommentsPermalink





(4) REVIEW PERIOD- Not earlier than the date that is 35 days after the date on which the Secretary makes a final decision with respect to an interim project, ground or vegetation disturbing activities may be commenced under the project.CommentsClose CommentsPermalink





(5) IMPLEMENTATION OF INTERIM PROJECTS-CommentsClose CommentsPermalink





(A) IN GENERAL- For each fiscal year until the date on which the Secretary initiates mechanical treatments under an ecological restoration project within each National Forest located in the covered area, to address immediately concerns regarding forest health and the maintenance of industry infrastructure to carry out ecological restoration projects under this Act, to the maximum extent practicable, the Secretary shall prepare, offer, and promptly implement 1 or more interim projects, or other projects, that--CommentsClose CommentsPermalink





(i) are predominantly comprised of mechanical treatment in the covered area--CommentsClose CommentsPermalink





(I) for the first fiscal year after the date of enactment of this Act, on not less than 80,000 acres;CommentsClose CommentsPermalink





(II) for the subsequent fiscal year, on not less than 100,000 acres; andCommentsClose CommentsPermalink





(III) for the subsequent fiscal year, on not less than 120,000 acres; andCommentsClose CommentsPermalink





(ii) emphasize sawtimber as a byproduct.CommentsClose CommentsPermalink





(B) PREPARATION ACTIVITIES- Until the date described in subparagraph (A), the Secretary shall prioritize vegetation management, timber management, and hazardous fuels reduction program activities within the covered area to prepare, offer, and promptly implement interim projects in each National Forest described in subparagraph (A).CommentsClose CommentsPermalink





(C) LOCATION OF TREATED ACRES- To the maximum extent practicable, the Secretary shall distribute the total number of acres of the treatment required under subparagraph (A) based on the proportion that--CommentsClose CommentsPermalink





(i) the quantity of acres of forest land within the covered area at risk of uncharacteristic disturbances from fire, insects, and disease outside of inventoried roadless areas in each National Forest; bears toCommentsClose CommentsPermalink





(ii) the total quantity of acres of forest land within the covered area so at risk outside of those inventoried roadless areas.CommentsClose CommentsPermalink





(d) Experimental Ecological Restoration Projects-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 5 years after the date of enactment of this Act, the Secretary shall prepare experimental ecological restoration projects that are designed to use an age limitation that prohibits the harvest of any tree the age of which is greater than 150 years.CommentsClose CommentsPermalink





(2) APPLICABILITY OF CUTTING LIMITATION- The cutting limitation described in section 4(b) shall not apply to any ecological restoration project carried out under this subsection.CommentsClose CommentsPermalink





(3) PROTOCOL-CommentsClose CommentsPermalink





(A) IN GENERAL- In accordance with subparagraph (B), to develop ecological restoration projects under this subsection, the Secretary shall establish a protocol to efficiently identify tree age.CommentsClose CommentsPermalink





(B) REQUIREMENTS- In establishing the protocol under subparagraph (A), the Secretary shall consider--CommentsClose CommentsPermalink





(i) sampling trees within stands;CommentsClose CommentsPermalink





(ii) establishing standards for use in determining which stands meet applicable age definitions; andCommentsClose CommentsPermalink





(iii) providing for a review by the advisory panel.CommentsClose CommentsPermalink





(4) CONDUCT OF PROJECTS-CommentsClose CommentsPermalink





(A) IN GENERAL- As soon as practicable after the date described in paragraph (1), in accordance with subparagraph (B), in coordination with representatives of private industry and each applicable collaborative group, the Secretary shall implement trial projects.CommentsClose CommentsPermalink





(B) REQUIREMENTS- The Secretary shall design and carry out each trial project in accordance with recommendations provided to the Secretary by the advisory panel to generate data to assist the advisory panel in preparing the review required under section 7(d).CommentsClose CommentsPermalink





(C) USE OF DATA- The Secretary shall use data resulting from the conduct of the trial projects--CommentsClose CommentsPermalink





(i) to examine the feasibility of implementing age limits at a broader scale; andCommentsClose CommentsPermalink





(ii) to provide recommendations regarding the manner by which future projects may be carried out more efficiently.CommentsClose CommentsPermalink





(D) PERIODIC REPORTS- The Secretary shall periodically submit to the advisory panel a report describing the data described subparagraph (B) for use in the review required under section 7(d).CommentsClose CommentsPermalink

SEC. 10. COLLABORATION.

(a) Collaborative Groups-CommentsClose CommentsPermalink





(1) ENCOURAGEMENT- The Secretary shall encourage the establishment and maintenance of new and existing collaborative groups to assist in--CommentsClose CommentsPermalink





(A) the development and implementation of the restoration assessment and ecological restoration projects; andCommentsClose CommentsPermalink





(B) the implementation of this Act.CommentsClose CommentsPermalink





(2) RECOGNITION-CommentsClose CommentsPermalink





(A) APPLICATION- To be considered by the Secretary to be a recognized collaborative group for a specific area that is the subject of an activity under this Act, a collaborative group shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.CommentsClose CommentsPermalink





(B) STANDARDS FOR RECOGNITION- To recognize a collaborative group under subparagraph (A), the Secretary shall ensure that the collaborative group--CommentsClose CommentsPermalink





(i) represents multiple interested individuals who, in the aggregate, are comprised of diverse backgrounds and represent various interests that include (at a minimum)--CommentsClose CommentsPermalink





(I) environmental organizations;CommentsClose CommentsPermalink





(II) timber and forest products industry representatives; andCommentsClose CommentsPermalink





(III) county governments (including an alternate designated community representative);CommentsClose CommentsPermalink





(ii) operates--CommentsClose CommentsPermalink





(I) in a transparent and nonexclusive manner; andCommentsClose CommentsPermalink





(II) by consensus or in accordance with voting procedures to ensure a high degree of agreement among participants and across various interests; andCommentsClose CommentsPermalink





(iii) requires a level of participation sufficient to ensure that members of the collaborative group are adequately informed before each vote.CommentsClose CommentsPermalink





(C) WITHDRAWAL OF OFFICIAL RECOGNITION-CommentsClose CommentsPermalink





(i) REVIEW OF COMPLAINTS- The Secretary shall promptly review any complaint brought by any member of the public that alleges that a collaborative group recognized under subparagraph (A) has failed to meet any requirement described in subparagraph (B).CommentsClose CommentsPermalink





(ii) EFFECT OF DETERMINATION- If the Secretary determines that an allegation possesses adequate merit, the Secretary shall withdraw the recognition of the collaborative group.CommentsClose CommentsPermalink





(3) PUBLIC PARTICIPATION- The Secretary shall provide to the public notice and an opportunity for comment regarding each proposed--CommentsClose CommentsPermalink





(A) recognition of a collaborative group; andCommentsClose CommentsPermalink





(B) withdrawal of recognition of a collaborative group.CommentsClose CommentsPermalink





(4) ROLE OF COLLABORATIVE GROUPS- In carrying out this Act, the Secretary shall consider the recommendations of each collaborative group recognized under paragraph (2).CommentsClose CommentsPermalink





(5) MULTIPARTY MONITORING-CommentsClose CommentsPermalink





(A) AUTHORITY OF COLLABORATIVE GROUPS- Each collaborative group may monitor and evaluate each ecological restoration project carried out under this Act.CommentsClose CommentsPermalink





(B) SCOPE OF EVALUATION- In carrying out an evaluation under subparagraph (A), a collaborative group may assess each aspect of the ecological restoration project, including--CommentsClose CommentsPermalink





(i) the status of the development, execution, and administration of the ecological restoration project;CommentsClose CommentsPermalink





(ii) each specific accomplishment that has resulted from the ecological restoration project; andCommentsClose CommentsPermalink





(iii) each ecological, economic, and social benefit, and the cost, to local communities and the Federal Government resulting from the ecological restoration project.CommentsClose CommentsPermalink





(C) REPORTS- A collaborative group may submit to the advisory panel a report containing the results of the evaluation of the ecological restoration project that is the subject of the evaluation.CommentsClose CommentsPermalink

SEC. 11. ENVIRONMENTAL ANALYSIS AND EXPEDITED ADMINISTRATIVE REVIEW.

(a) In General- With respect to each ecological restoration project carried out in the covered area under this Act, the Secretary shall be subject to each time line and process described in this section.CommentsClose CommentsPermalink





(b) Environmental Analysis-CommentsClose CommentsPermalink





(1) APPLICABILITY- Each ecological restoration project carried out under this Act shall be subject to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).CommentsClose CommentsPermalink





(2) DUTY OF SECRETARY- If the Secretary prepares for an ecological restoration project an environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Secretary shall, to the maximum extent practicable, prepare an environmental impact statement in a manner to ensure that not more than 1 statement is necessary.CommentsClose CommentsPermalink





(c) Public Notice and Comment-CommentsClose CommentsPermalink





(1) IN GENERAL- Before the beginning of the public comment period described in paragraph (4), the Secretary shall consult with collaborative groups in developing ecological restoration projects.CommentsClose CommentsPermalink





(2) SCOPING DOCUMENTS- The Secretary shall provide informative scoping documents to facilitate early and effective public involvement and collaboration.CommentsClose CommentsPermalink





(3) PUBLIC NOTICE- To provide adequate notice to the public during the scoping period, the Secretary shall, to the maximum extent practicable, include the purpose and need, proposed action, each potential issue, adequate maps, and any other necessary documentation to help the public understand and comment on the location of proposed treatments, and the scope of each ecological restoration project, under this Act.CommentsClose CommentsPermalink





(4) PUBLIC COMMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- In accordance with subparagraph (B), the Secretary shall provide notice and an opportunity for public comment on each draft environmental impact statement or similar analysis prepared by the Secretary under subsection (b)(2).CommentsClose CommentsPermalink





(B) COMMENT PERIODS- In providing a period for public comment under subparagraph (A), the Secretary shall--CommentsClose CommentsPermalink





(i) for each categorical exclusion, provide a period of not less 15 days;CommentsClose CommentsPermalink





(ii) for each environmental assessment, provide a period of not less than 30 days; andCommentsClose CommentsPermalink





(iii) for each environmental impact statement, provide a period of not less than 45 days.CommentsClose CommentsPermalink





(5) PREPARATION OF FINAL DOCUMENT- After taking into consideration each comment received under paragraph (4), and the recommendations of each applicable collaborative group, with respect to the ecological restoration project, the Secretary shall--CommentsClose CommentsPermalink





(A) prepare a final document under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) covering the ecological restoration project; andCommentsClose CommentsPermalink





(B) issue a proposed decision with respect to the ecological restoration project.CommentsClose CommentsPermalink





(d) Objections to Ecological Restoration Projects-CommentsClose CommentsPermalink





(1) OPPORTUNITY TO OBJECT- Before issuing a final decision with respect to an ecological restoration project under this Act, the Secretary shall permit persons described in paragraph (2) to submit to the Secretary objections with respect to a proposed decision relating to the ecological restoration project during a 30-day period beginning on the date on which the Secretary issues a proposed decision under subsection (c)(5)(B).CommentsClose CommentsPermalink





(2) AUTHORIZED PERSONS- A person may submit to the Secretary an objection under paragraph (1) if the person submitted to the Secretary comments during--CommentsClose CommentsPermalink





(A) the development of the ecological restoration project that is the subject of the objection; orCommentsClose CommentsPermalink





(B) the comment period of the ecological restoration project that is the subject of the objection.CommentsClose CommentsPermalink





(3) OBJECTION RESOLUTION MEETING-CommentsClose CommentsPermalink





(A) IN GENERAL- Subject to a request by a person who submitted an objection under paragraph (1) or by the Secretary, and the acceptance by the party receiving the request, the person and the Secretary may conduct an objection resolution meeting.CommentsClose CommentsPermalink





(B) AUTHORITY OF APPLICABLE COLLABORATIVE GROUP- Members of a collaborative group the jurisdiction of which covers land on which the conduct of ecological restoration project that is the subject of an objection described in subparagraph (A) is proposed may attend the objection resolution meeting held under that subparagraph.CommentsClose CommentsPermalink





(4) DEADLINE FOR FINAL DETERMINATION-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 30 days after the completion of the objection period described in paragraph (1), the Secretary shall make a final determination with respect to each objection submitted to the Secretary under paragraph (1).CommentsClose CommentsPermalink





(B) FAILURE TO MAKE FINAL DETERMINATION- If the Secretary fails to make a final determination with respect to any objection filed under paragraph (1) by the date that is 30 days after the date described in that paragraph--CommentsClose CommentsPermalink





(i) the objection shall be considered to be denied; andCommentsClose CommentsPermalink





(ii) the proposed decision that is the subject of the objection shall be considered to be a final agency action for purposes of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘Administrative Procedure Act’).CommentsClose CommentsPermalink





(5) PROCEDURE-CommentsClose CommentsPermalink





(A) NO OBJECTIONS- If no objection is submitted under paragraph (1), on the date that is 30 days after the date on which the public comment period described in that paragraph terminates, the Secretary shall implement each ecological restoration project that is the subject of the public comment period.CommentsClose CommentsPermalink





(B) OBJECTIONS- If an objection is submitted under paragraph (1)--CommentsClose CommentsPermalink





(i) the Chief of the Forest Service may not take any action to implement the ecological restoration project that is the subject of the objection until the date on which a final determination is made or considered to be made under paragraph (4); andCommentsClose CommentsPermalink





(ii) after the date on which a final determination is made or considered to be made under paragraph (4), the Chief of the Forest Service may implement the ecological restoration project that is the subject of the objection.CommentsClose CommentsPermalink





(e) Judicial Review-CommentsClose CommentsPermalink





(1) EXPEDITIOUS COMPLETION OF JUDICIAL REVIEW- In the judicial review of an action challenging an ecological restoration project developed under this Act, Congress encourages the court of competent jurisdiction to expedite, to the maximum extent practicable, the proceedings in the action with the goal of rendering a final determination on jurisdiction, and (if jurisdiction exists) a final determination on the merits, as soon as practicable after the date on which a complaint or appeal is filed to initiate the action.CommentsClose CommentsPermalink





(2) CONSIDERATION OF POTENTIAL SHORT- AND LONG-TERM EFFECTS- In weighing each equity during the consideration of any request for an injunction that applies to an agency action with respect to an ecological restoration project carried out under this Act, the court reviewing the ecological restoration project shall consider the impact to the ecosystem that could potentially result from--CommentsClose CommentsPermalink





(A) the short- and long-term effects of undertaking the agency action; andCommentsClose CommentsPermalink





(B) the short- and long-term effects of not undertaking the agency action.CommentsClose CommentsPermalink





(f) Implementation of Ecological Restoration Projects- Given the large backlog of acreage in need of ecological restoration in the covered area, the Secretary shall promptly implement an ecological restoration project following the final agency action.CommentsClose CommentsPermalink





(g) Litigation- Any person who has submitted a comment regarding an interim project or an ecological restoration project may intervene in any legal action that challenges the interim project or ecological restoration project.CommentsClose CommentsPermalink

SEC. 12. BIOMASS.

(a) In General- Notwithstanding any other provision of law (including regulations) relating to the use of biomass energy, in accordance with each purpose and goal of this Act, and any applicable recommendation of the advisory panel, the Secretary shall take such actions as are necessary to further enhance the use of woody biomass in the covered area.CommentsClose CommentsPermalink





(b) Regional Biomass Projects-CommentsClose CommentsPermalink





(1) IN GENERAL- On a determination by the Secretary that forest conditions, commercial interests, and an adequate supply from a combination of Federal and non-Federal sources indicate a viable economic supply and demand for establishing a regional biomass project, the Secretary may designate an area within the covered area in which--CommentsClose CommentsPermalink





(A) the removal of biomass is necessary to restore forest health; andCommentsClose CommentsPermalink





(B) a sufficient volume of material is expected to be available to support a 20 year-lifespan of capital investments for biomass use.CommentsClose CommentsPermalink





(2) VOLUME ESTIMATE- The Secretary shall develop an estimate of the volume of biomass that--CommentsClose CommentsPermalink





(A) consists of slash, brush, and any tree that does not exceed the minimum size standards for sawtimber; andCommentsClose CommentsPermalink





(B) can be supplied in a sustainable manner on a contractual basis over a contract term of not more than 20 years.CommentsClose CommentsPermalink





(3) SENSE OF CONGRESS- It is the sense of Congress that biomass industries arising from the conduct of this subsection will rely on Federal and non-Federal forests for the supply of raw materials.CommentsClose CommentsPermalink





(4) CONTRACTS- Upon the development of an estimate required under paragraph (2), the Secretary may enter into a contract to supply biomass over a term of not more than 20 years, with the option of making adjustments after a period of 10 years based on supply conditions.CommentsClose CommentsPermalink

SEC. 13. LOCAL CONTRACTING.

(a) In General- To carry out restoration projects under this Act, the Secretary shall, to the maximum extent practicable, through agreements or contracts, enter into stewardship contracting projects.CommentsClose CommentsPermalink





(b) Duration- An agreement or contract under subsection (a) shall, to the maximum extent practicable, be in effect for a period of 20 years, with the option of adjustments after 10 years based on defined benchmarks.CommentsClose CommentsPermalink





(c) Performance and Payment Guarantees- The Secretary may require performance and payment bonds as the Secretary determines to be appropriate, the amounts of which shall be reduced as the subject contractor achieves benchmarks established by the Forest Service.CommentsClose CommentsPermalink





(d) Procurement Procedure- In selecting a source for performance of an agreement or contract under subsection (a), the Secretary shall--CommentsClose CommentsPermalink





(1) comply with section 347(c)(1) of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-277);CommentsClose CommentsPermalink





(2) consider past performance relating to the purposes and goals of this Act; andCommentsClose CommentsPermalink





(3) give preference to local businesses located within a 100-mile radius of a National Forest where the project is located.CommentsClose CommentsPermalink

SEC. 14. ADMINISTRATION.

(a) Effect on Treaties or Other Laws-CommentsClose CommentsPermalink





(1) TREATIES- Nothing in this Act increases or diminishes any right described in a treaty between an Indian tribe and the United States.CommentsClose CommentsPermalink





(2) FEDERAL LAWS- Except as otherwise provided in this Act, nothing in this Act affects any Federal law (including regulations).CommentsClose CommentsPermalink





(3) RELATIONSHIP TO OTHER AUTHORITY-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary may use any authority provided under another provision of law (other than this Act) to carry out projects in a covered area.CommentsClose CommentsPermalink





(B) CERTAIN PROJECTS- If the Secretary uses the authority provided by sections 9 and 11 to carry out an interim or ecological restoration project, the Secretary may not use authority provided under another provision of law (other than this Act) to carry out the interim or ecological restoration project.CommentsClose CommentsPermalink





(b) Principal Agency Contact-CommentsClose CommentsPermalink





(1) SELECTION- The Secretary shall select a Deputy Regional Forester to serve as the principal agency contact for the implementation of this Act.CommentsClose CommentsPermalink





(2) DUTIES- The Deputy Regional Forester shall--CommentsClose CommentsPermalink





(A) serve as the point-of-contact for--CommentsClose CommentsPermalink





(i) the advisory panel; andCommentsClose CommentsPermalink





(ii) each collaborate group;CommentsClose CommentsPermalink





(B) resolve disagreements between any collaborative group and the forest officer that serves as the primary point-of-contact of the collaborative group; andCommentsClose CommentsPermalink





(C) facilitate communications among--CommentsClose CommentsPermalink





(i) the advisory panel;CommentsClose CommentsPermalink





(ii) collaborative groups;CommentsClose CommentsPermalink





(iii) employees of the Forest Service; andCommentsClose CommentsPermalink





(iv) any other stakeholders (including the public).CommentsClose CommentsPermalink





(c) Evaluative Criteria- To determine and ensure compliance with this Act, the Secretary shall use the qualitative criteria described in section 4(a).CommentsClose CommentsPermalink

SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There is authorized to be appropriated $50,000,000 to carry out this Act, to remain available until expended.CommentsClose CommentsPermalink





(b) Use of Funds- Not more than 3 percent of the amount made available under subsection (a) may be used to pay for costs arising from overhead expenses of the Department of Agriculture.CommentsClose CommentsPermalink





(c) Receipts-CommentsClose CommentsPermalink





(1) IN GENERAL- Receipts from sales made under projects authorized under this Act shall be retained and used by the Secretary to conduct further planning and implementation of projects under this Act, without further appropriation or fiscal year limitation.CommentsClose CommentsPermalink





(2) OTHER RECEIPT LAWS- Nothing in this Act affects any other Federal law governing the disposition of receipts.CommentsClose CommentsPermalink