H.R. 4492 — Ancient Forest Protection Act of 1990

 
HR 4492 IH
101st CONGRESS
2d Session
 H. R. 4492
To provide for the protection of the remaining ancient forests on the
Federal lands of the States of Washington, Oregon, and California, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 4, 1990
Mr. JONTZ (for himself, Mr. KOSTMAYER, Mr. BROWN of California, Ms. SCHNEIDER,
Mr. MRAZEK, Mr. STARK, Mr. BRYANT, Mr. SCHEUER, Mr. RAVENEL, Ms. SLAUGHTER of
New York, Mr. HOAGLAND, Mr. DELLUMS, Mr. EDWARDS of California, Ms. PELOSI,
Mr. MORRISON of Connecticut, Mr. ROE, Mr. BEILENSON, Mr. HOCHBRUECKNER,
Mr. MFUME, Mr. NAGLE, Mr. LEWIS of Georgia, Mr. JOHNSTON of Florida,
Mr. LANTOS, Mr. KASTENMEIER, and Mr. PORTER) introduced the following bill;
which was referred jointly to the Committees on Agriculture and Interior
and Insular Affairs
A BILL
To provide for the protection of the remaining ancient forests on the
Federal lands of the States of Washington, Oregon, and California, and for
other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Ancient Forest Protection Act of 1990'.
SEC. 2. FINDINGS.
  The Congress finds and declares the following:
  (1) The ancient forests of the United States, composed of trees of many
  species and often older than the Nation itself, constitute one of the most
  important aspects of our national heritage, and should be passed on intact,
  for the benefit and enjoyment of future generations.
  (2) The ancient forests of the States of Washington, Oregon, and California,
  some of which contain individual trees up to 1,000 and more years old,
  thus are more than a priceless national heritage; constituting the last
  living links with the Middle Ages, they amount to a spiritual resource
  unmatched anywhere else on this planet, and thus deserve to be protected
  for the enjoyment and benefit of the population of the world.
  (3) The ancient forests of the Nation are remnant homes to endemic,
  rare, threatened and endangered species of plants, fish, and wildlife,
  and further diminution of these forests could result in the extirpation
  or extinction of said species.
  (4) The ancient forests and their clear streams are currently used by
  thousands of Native Americans in the practice of their various religions.
  (5) The ancient forests of the Nation, in their present state, can and
  do provide outstanding and unique recreational experiences for a growing
  population.
  (6) The ancient forests of the Nation provide unique and unparalleled
  opportunities for scientific study and research, including medical research,
  and, as such, may contain the secrets to advance medical knowledge and
  the prevention, cure or treatment of disease.
  (7) The ancient forests of the Nation, in many places, particularly in
  mountainous watersheds, retain and release water, thus guaranteeing
  populations downstream a steady and assured supply of clean, high
  quality water for agricultural, industrial, municipal, fish, wildlife,
  and recreational purposes during the dry months.
  (8) Many ancient forests support streams and rivers where natural wild runs
  of salmon and steelhead, and resident cold water fish are wholly dependent
  on a quality and quantity of water for migration, spawning, rearing, and
  cover that can only be maintained by preserving ancient forest watersheds.
  (9) The ancient forests of the Nation hold their highest values as intact,
  natural ecosystems that have developed over thousands of years, and such
  ecosystems are not renewable after logging for many centuries.
  (10) The ancient forests of Washington, Oregon, and California contain
  vast nontimber economic values that are critical to economic stability
  and economic diversification of the Nation and the Pacific Northwest.
  (11) For the last two centuries, the policy of both government and private
  interests has been to liquidate through logging all accessible stands of
  ancient forests as quickly as possible, with the result that at the present
  time less than 2 percent of the Nation's entire forested area can be properly
  said to constitute ancient forest stands of trees 150 years or more in age.
  (12) The policy of the United States Forest Service and the Bureau of Land
  Management, in particular, has been to encourage the establishment of a wood
  products industry in areas adjacent to the national forests or Bureau of Land
  Management lands, for the purpose of logging the ancient forest resource.
  (13) At the present rate of logging of the ancient forests remaining under
  the jurisdiction of the United States of America, it is anticipated that
  nearly all of the ecologically significant forests will be destroyed within
  the next decade.
  (14) Many predictions are that the rate of timber cutting in the Northwest
  States must be reduced substantially if timber cutting is to be practiced
  on a nondeclining, even flow, sustained yield basis while preserving and
  protecting biological diversity, ancient forest, and wildlife habitat.
  (15) The continued logging of ancient and old growth forests and their
  conversion to younger tree plantations has over the past century added
  tremendous quantities of carbon to the world's atmosphere, with adverse
  consequences for the global climate, including the process known as
  `global warming'.
  (16) It is not appropriate for the Government of the United States to
  urge other countries, particularly those with tropical forest areas, not
  to cut too quickly or liquidate their own forests, while at the same time
  pursuing a policy of maximum liquidation of its own ancient forests.
SEC. 3. DEFINITIONS.
  For the purposes of this Act, the following definitions apply:
  (1) ANCIENT FOREST- The term `ancient forest' means any significant tract
  of Federal forest land which--
  (A) is referred to as `Old-Growth Timber' on pages 3-40 through 3-42 of
  the document of the Pacific Northwest Region of the Forest Service entitled
  `Regional Guide for the Pacific Northwest Region', dated May 1984;
  (B) contains that species known as `Coast Redwood', as defined in the
  document entitled `Potential Natural Vegetation of the United States',
  authored by A.W. Kuchler (X), and known as `Type K-6';
  (C) contains any of the forest types defined as `suitable spotted owl
  habitat, Wenatchee, Gifford Pinchot, and Siskiyou National Forests' in
  the Final Spotted Owl Environmental Impact Statement, United States Forest
  Service; or
  (D) is comprised of any naturally occurring forest association which--
  (i) meets the definition of old-growth red fir, mixed conifer, eastside pine,
  or ponderosa pine forest in those documents of the United States Department
  of Agriculture entitled `Interim Definitions for Old Growth Douglas Fir and
  Mixed Conifer Forests in the Pacific Northwest and California', `Old Growth
  Definitions for Eastside Pine Stands', `Old Growth Definitions for Mixed
  Conifer and Ponderosa Pine Cover Types', or `Draft Guidelines Defining Old
  Growth Red Fir Forests in the Central and Southern Sierra of California', or
  (ii) meets the definition of a `late seral, undisturbed, self-reproducing'
  forest community as described in the document of the United States Department
  of Agriculture entitled `Ecological Types for the Westside Mixed Conifer
  Ecosystem, Plumas, Lassen and Tahoe National Forests', the document entitled
  `Plant Communities: A Handbook of Plant Synecology' (New York, Harper & Row,
  1968), or the document entitled `Forest Ecology' (New York, MacMillan, 1987).
  (2) ASSOCIATED FOREST- The term `associated forest' means those lands
  adjacent to, proximate to, or contiguous with any tract of ancient forest
  which are sufficient in size, extent, location, or configuration to--
  (A) assist in the maintenance, protection, or perpetuation of the natural
  ecological elements, structure, and function of ancient forests or protection
  of ancient forests from edge effect, windthrow, fire, flood, landslide,
  or other natural or manmade events;
  (B) permit species of plants, fish, or wildlife which are associated with, or
  wholly or in part dependent upon, the survival of ancient forests for food,
  water, cover, or other nutritional and other physiological requirements,
  or for migrating, reproducing, rearing offspring, dispersing, or seeking
  protection from predators and the elements; or
  (C) to the extent possible, interconnect on a forest by forest or district by
  district basis ancient forests into an ecologically diverse and sustainable
  network.
  (3) FEDERAL FOREST LAND- The term `Federal Forest land' means any lands
  in Federal ownership and managed--
  (A) by the Forest Service within the exterior boundaries of a national
  forest in the State of Washington or Oregon or in one of the following
  national forests or portions thereof in the State of California: Rogue
  River National Forest, Siskiyou National Forest, Six Rivers National Forest,
  Klamath National Forest, Shasta-Trinity National Forest, Mendocino National
  Forest, Modoc National Forest, Lassen National Forest, Stanislaus National
  Forest, Eldorado National Forest, Plumas National Forest, Tahoe National
  Forest, Lake Tahoe Basin Management Unit, Sierra National Forest, and
  Sequoia National Forest; or
  (B) by the Bureau of Land Management in the State of Washington or Oregon
  or in the following districts of the Bureau of Land Management in the
  State of California: Susansville, Ukiah, and Bakersfield.
  (4) SYSTEM- The term `system' means the National Ancient Forest Reserve
  System established by section 4.
SEC. 4. NATIONAL ANCIENT FOREST RESERVE SYSTEM.
  (a) ESTABLISHMENT- In order that future generations of Americans may
  continue to enjoy the benefits of an enduring ancient forest resource,
  there is hereby established the National Ancient Forest Reserve System. The
  system shall consist of those units designated as components by section 5.
  (b) MANAGEMENT AND PROTECTION- (1) The units of the system that are located
  either within the exterior boundaries of a national forest or within
  the exterior boundaries of a district of the Bureau of Land Management,
  shall be managed by the Secretary of Agriculture or the Secretary of the
  Interior, as appropriate, in accordance with this Act and with the laws
  generally applicable to the area within which any such unit is located.
  (2)(A) The respective Secretary shall manage the units of the system in
  such a manner as to perpetuate, protect, and conserve the ancient forest
  structure, natural ecological elements and functions, and successional
  processes within them.
  (B) Within any unit of the system, the respective Secretary may not (i)
  build roads, (ii) prepare, advertise, offer, award, or operate timber sales,
  or (iii) cut or remove trees, alive or dead, for any purpose, except where
  necessary to clear fallen trees in order to permit reasonable travel on
  trails or existing roads located within any unit.
  (C) Because the periodic occurrence of fire is a natural mechanism of
  the ancient forest ecosystem, the respective Secretary may not undertake
  any fire suppression activity within a unit of the system except where
  necessary to protect human life or property within any such unit or
  immediately adjacent to it.
  (c) MINING AND LAND DISPOSAL- Subject to valid existing rights, the Federal
  lands within each unit of the system are withdrawn from all forms of entry,
  appropriation, and disposal under the public land laws and from location,
  entry, and patent or lease under the mining laws, mineral leasing laws,
  and geothermal leasing laws of the United States.
  (d) SUPPRESSION AND CONTROL PROGRAMS- (1) The respective Secretary may
  not conduct suppression or control programs for native insects, plants,
  or diseases within any unit of the system.
  (2) The respective Secretary may conduct suppression and eradication
  programs for non-native insects, plants, and diseases within a unit of
  the system only after making a determination of the feasibility of success
  and need for such actions in a process that complies with all requirements
  of the National Environmental Policy Act of 1969 and all other applicable
  statutes and treaties.
SEC. 5. DESIGNATION OF UNITS OF NATIONAL ANCIENT FOREST RESERVE SYSTEM AND
OTHER PROTECTED AREAS.
  (a) DESIGNATION- The following areas are hereby designated as components
  of the National Ancient Forest Reserve System:
  (1) Certain lands in the State of California in the X National Forest which
  comprise approximately X acres as generally depicted on a map entitled
  `X Ancient Forest--Proposed' dated X, 199X, which shall be known as the
  X Ancient Forest.
  (2) Certain lands in the State of California in the X district of the
  Bureau of Land Management which comprise approximately X acres as generally
  depicted on a map entitled `X Ancient Forest--Proposed' dated X, 199X,
  which shall be known as the X Ancient Forest.
  (3) Certain lands in the State of Oregon in the X National Forest which
  comprise approximately X acres as generally depicted on a map entitled
  `X Ancient Forest--Proposed' dated X, 199X, which shall be known as the
  X Ancient Forest.
  (4) Certain lands in the State of Oregon in the X district of the Bureau
  of Land Management which comprise approximately X acres as generally
  depicted on a map entitled `X Ancient Forest--Proposed' dated X, 199X,
  which shall be known as the X Ancient Forest.
  (5) Certain lands in the State of Washington in the X National Forest which
  comprise approximately X acres as generally depicted on a map entitled
  `X Ancient Forest--Proposed' dated X, 199X, which shall be known as the
  X Ancient Forest.
  (6) Certain lands in the State of Washington in the X district of the
  Bureau of Land Management which comprise approximately X acres as generally
  depicted on a map entitled `X Ancient Forest--Proposed' dated X, 199X,
  which shall be known as the X Ancient Forest.
  (b) MAPS AND LEGAL DESCRIPTION- As soon as practicable after the designation
  of a component of the system by subsection (a), the Secretary shall file
  a map and a legal description of that component with the appropriate
  committees of Congress. Such map and description shall have the same
  force and effect as if included in this Act, except that correction of
  clerical and typographical errors in such legal description and map may
  be made. Such map and legal description shall be on file and available
  for public inspection in the offices of the administering agency.
SEC. 6. INTERIM PROTECTION OF ANCIENT FOREST AND ASSOCIATED FOREST.
  (a) IN GENERAL- Until otherwise provided by law enacted after the date of
  enactment of this Act, all Federal forest lands in the States of Washington,
  Oregon, and California which qualify as ancient forest or associated forest
  but are not designated as a component of the system by section 5 shall be
  managed in accordance with section 4(b).
  (b) DESIGNATION- Not later than 45 days after the date of enactment of this
  Act, the Secretary of Agriculture and the Secretary of the Interior with
  respect to lands under their jurisdictions shall issue findings and publish
  maps designating those Federal forest lands in the States of Washington,
  Oregon, and California that are subject to subsection (a).
  (c) COMMERCIAL TIMBER- The Secretary of Agriculture and the Secretary of
  the Interior with respect to lands under their jurisdictions shall issue
  all necessary administrative orders or regulations--
  (1) removing the volume of any commercial timber within any area designated
  for interim protection under this section from any determination of timber
  available for commercial harvest; and
  (2) requiring the Forest Service and the Bureau of Land Management to
  reduce their annual timber sale offerings by an amount equal to the volume
  of commercially harvestable timber determined before the date of enactment
  of this Act to have been otherwise available within the designated units.
  (d) AGENCY MANAGEMENT ACTIVITY; FINDINGS- Before undertaking any action
  that may result in the cutting or removal of any vegetation or any other
  alteration of any other characteristic of or within any lands designated
  for interim protection under this section, the respective Secretary shall
  make a finding that the proposed action does not violate this Act. Each such
  finding shall be accompanied by reasonable supporting scientific evidence
  and shall be published in the Federal Register. The Secretary shall allow
  an adequate period for public comment before the action is undertaken. No
  such action may be commenced before the end of the 60-day period beginning
  on the day that public notice regarding such action is issued.
  (e) RELEASE- Upon the enactment of a law by the Congress which designates,
  on a forest by forest or district by district basis, detailed boundaries
  of tracts of ancient forest or associated ancient forest in the same
  manner as the tracts permanently designated under section 5 of this Act,
  this section shall no longer apply to any lands of that forest or district
  not so designated. Those lands not so designated as units of the system
  thereafter shall be managed in accordance with the Endangered Species
  Act, the Forest and Rangeland Renewable Resources Planning Act of 1974,
  the National Forest Management Act of 1976, the Federal Land Policy and
  Management Act of 1976, the Federal Water Pollution Control Act, and all
  other applicable laws and treaties.
SEC. 7. PERPETUATION OF ANCIENT FOREST SYSTEM; STUDY.
  (a) NEED FOR STUDY- The Congress finds that the ancient forest, and its
  associated wildlife and plant life, depends greatly for its survival upon
  surrounding or connecting forest for the purpose of providing corridors
  for dispersal, migration, mixing of populations to ensure retention of
  genetic diversity, reproduction, cover, water quality, and survival of
  fish and wildlife species. Such surrounding or connecting forest must
  be sufficient in size, location, and configuration to protect or restore
  the ancient forest from the effects of logging, windthrow, fire, or other
  manmade or natural event.
  (b) POLICY- The Congress, therefore, declares that, it being the goal of this
  Act to assure the existence and survival of an enduring resource of ancient
  forest in perpetuity for the benefit of the American people, it is the policy
  of the United States to develop and utilize the best scientific information
  and knowledge for the purposes of further study and identification of the
  biological and ecological requirements of ancient forest ecosystems.
  (c) INITIAL INVESTIGATION- The Chairman of the Council on Environmental
  Quality, in cooperation with appropriate agencies and interested parties,
  shall convene a panel of experts from universities and government and
  private research and scientific organizations for the purpose of initiating,
  overseeing, and publishing a study to determine the biological and physical
  requirements for the survival and perpetual existence of ancient forest
  ecosystems.
  (d) REPORT- Not later than January 31, 1992, the Chairman of the Council
  on Environmental Quality shall submit to the appropriate committees of the
  Congress a report regarding such study, complete with recommendations and
  maps as appropriate. Such recommendations shall include (but not be limited
  to) the exact extent and location of additional corridors, buffer zones,
  restoration areas, and other aspects of associated forest, as necessary,
  to carry out the purposes of this Act.
SEC. 8. OVERSIGHT AND REVIEW.
  (a) BURDEN OF PROOF- In any action relating to interim protection under
  section 6, the burden of proof shall be on the United States to establish by
  clear and convincing evidence that the decisions and actions of the Secretary
  of Agriculture or the Secretary of the Interior are consistent with this Act.
  (b) INTERIM PROTECTION PENDING APPEAL- (1) If an appeal of a decision is
  made to an agency to enforce the interim protection requirements of section
  6 with respect to an area, the Secretary concerned shall provide interim
  protection to that area in accordance with section 6 until the issuance
  of a final decision by the agency regarding that appeal.
  (2) In the case of any such final decision by an agency upholding the
  decisions or actions of the Secretary concerned, the Secretary shall provide
  interim protection to the area concerned in accordance with section 6
  until after the nonprevailing parties have had an opportunity for a hearing
  before the appropriate Federal district court, and thereafter until such
  time as an appellant has had an opportunity for appellate review of that
  district court decision.
Ancient Forest Protection Act of 1990

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