Northwest Forest Protection and Community Stability Act of 1991 - Title I: Ecologically Significant Old Growth Forest Reserve System - States that this title shall apply only with respect to Federal lands and interests in specified National Forest System lands and specified districts of the Bureau of Land Management in California, Oregon, and Washington.
Establishes in the northern spotted owl forests the Ecologically Significant Old Growth Forest Reserve System in order to maintain and enhance northern spotted owl habitat, ecological diversity, old growth forests, and other areas that may be essential to species dispersal and the maintenance of genetic diversity. Provides for the immediate inclusion in the System of certain Federal lands in northern spotted owl forests in such States while designating certain other Federal lands as study areas for possible inclusion.
Designates the Olympic and Mount Baker-Snoqualmie National Forests as areas of special significance subject to the special management rules described below.
Requires the Secretaries of Agriculture and the Interior to prepare a map and legal description of the Federal lands and interests in lands under their respective jurisdictions that are included in the System or in a study area for filing with appropriate congressional committees and for public availability.
Allows each Secretary to recommend an adjustment of the boundaries of the System or a study area only if the recommendation meets certain criteria and is submitted to appropriate congressional committees together with the reasons for the recommendation.
Provides that within one year of the National Academy of Sciences (NAS) report required below, each Secretary shall recommend those study areas that should be permanently included in the System or removed from further consideration for inclusion in the System. Requires each Secretary, in making such recommendations, to comply with the National Environmental Policy Act of 1969. Makes such recommendations effective after they are submitted to appropriate congressional committees.
Requires a study area removed from further consideration for inclusion in the System to thereafter: (1) not be considered a study area; (2) not be subject to the management requirements specified below; and (3) be managed for multiple use pursuant to the Forest and Rangeland Renewable Resources Planning Act of 1974 or the Federal Land Policy and Management Act of 1976, whichever applies.
Bans timber harvesting in the System and study areas except to the extent necessary for the protection of the forest outside of the System or study area from an insect or disease epidemic or for public safety, recreation, and administration. Requires lands in the System or a study area that do not meet the definition of old growth forest or are damaged by fire or other natural causes to be managed to regenerate old growth forest.
States that any management activity allowed in the System and study areas shall have as its primary purpose the maintenance and enhancement of the northern spotted owl habitat, ecological diversity, old growth forests, and such areas as may be essential to species dispersal and the maintenance of genetic diversity. Requires the Secretaries to permit management activities consistent with this purpose, such as fire suppression and prescription, noncommercial silvicultural treatments of young stands, activities to restore aquatic habitats, and research.
Withdraws Federal lands in the System and study areas from: (1) disposition under the public land laws; (2) location, entry, and patent under the mining laws; (3) operation of the mineral leasing laws; and (4) operation of the Geothermal Steam Act of 1970.
Bans additional roads, structures, and motorized recreation and access in the System.
Allows roads, structures, and motorized recreation and access in study areas (except as otherwise prohibited or restricted) if the Secretary determines that they are compatible with the protection of old growth forest and northern spotted owl habitat.
Authorizes the Secretary concerned to permit hunting, trapping, and fishing in the System and study areas (except as otherwise prohibited or restricted) in accordance with applicable Federal and State law.
Requires all Federal lands identified by the Secretary of Agriculture as suitable for timber production in the Olympic and Mount Baker-Snoqualmie National Forests to be managed in accordance with specified practices to maintain or enhance habitats for species dependent on old growth forest while maintaining a high level of timber production.
Outlines standards for the management of Federal lands in northern spotted owl forests that are not included in the System, a study area, or an area of special significance during the period beginning on the date of the enactment of this Act and ending upon the adoption of a revised land management plan for such lands as required below. Delineates separate standards applicable to lands inside and outside of critical habitat areas during such interim period. Sets forth special rules regarding timber harvesting in roadless areas on National Forest System lands in northern spotted owl forests.
Requires NAS to conduct a review of: (1) the harvest requirements specified for the management of critical habitat areas and other areas in northern spotted owl forests; (2) the impact of these requirements on the old growth forest, the species associated with old growth forests, and the social and economic structure of the region; and (3) all feasible silvicultural methods for maintaining or enhancing habitat conditions for such species throughout their range in northern spotted owl forests. Requires an NAS review of Federal lands in study areas to determine if such lands are suitable for permanent inclusion in the System. Requires NAS to submit a report on such review to the Secretary of Agriculture, the Secretary of the Interior, and the Congress that discusses the social, economic, and environmental impacts of various options, including those regarding Federal lands and interests affected by alternative definitions for old growth forests and boundary changes for the System. Requires such report to also contain NAS recommendations concerning the study areas that should be permanently included in the System or removed from consideration for inclusion in the System.
Requires each Secretary to review such report for the purpose of determining whether the land and resource management plans for lands in northern spotted owl forests should be revised to take into account any management recommendations contained in the report.
Requires that if a Secretary fails to adopt a preferred management recommendation into such a plan revised after such review, the Secretary must identify in the final environmental impact statement for the plan revision those management recommendations rejected or modified by the Secretary and the reasons therefor.
Requires each Secretary to develop annual timber sale programs on lands in northern spotted owl forests outside of the System or a study area that are known to contain the northern spotted owl. Requires each Secretary to submit such programs to the United States Fish and Wildlife Service for consultation pursuant to the Endangered Species Act of 1973.
Requires the Director of the United States Fish and Wildlife Service to immediately seek to enter into negotiations with the States of California, Oregon, and Washington and other interested parties for the prompt development of habitat conservation plans for the northern spotted owl under the Endangered Species Act of 1973.
Requires the Secretaries to establish a joint research and monitoring program regarding the status and long-term outlook for the northern spotted owl. Outlines the research and monitoring components of the program. Subjects program results to scientific peer review.
Requires each Secretary to prepare a report for the Congress displaying the yields and financial and environmental costs of timber management investment opportunities for lands in northern spotted owl forests. Requires the Secretary of Agriculture to include in his report: (1) the reasons why certain Forest Service lands are not suitable for timber production pursuant to the Forest and Rangeland Renewable Resources Planning Act of 1974; (2) the specific identity of those lands considered to be unsuitable for timber production solely due to difficulties in meeting the reforestation requirements of that Act; and (3) a description of those difficulties. Requires the Secretaries' reports on such investment opportunities to address opportunities for land exchanges with private landowners to consolidate Federal landholdings in northern spotted owl forests to enhance reforestation and timber stand improvement.
Exempts as restricted or prohibited actions under certain provisions of the Endangered Species Act of 1973 actions of any person with respect to the operation, maintenance, expansion, upgrade, or completion of electric system power facilities in existing corridors. Provides that the management requirements for System and study areas, areas of special significance, and other areas set forth in this Act shall not apply with respect to electric system power facilities in a corridor. States that a Federal agency shall not be required to consult under the Endangered Species Act of 1973 with the Secretary of the Interior regarding any such action referred to above.
Title II: Forest Planning Amendments - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to: (1) provide for public participation in the adoption of constraints on the Federal land planning process; (2) allow public petitions in lieu of administrative appeals for amendments or revisions to land use plans, land and resource management plans, and planning process directives if the person filing the petition alleges and relies on new information or a new law or rule to support the proposed amendment or revision; (3) authorize the imposition of penalties for frivolous petitions or appeals; (4) require that if certain documentation pursuant to the National Environmental Policy Act of 1969 is required on an action implementing a land and resource management plan such documentation must be tiered to the final environmental impact statement on the plan; (5) make an environmental assessment the most comprehensive level of environmental documentation required for an action implementing a land and resource management plan, except under prescribed conditions; (6) require budget requests to disclose the amount of funds to fully implement the land and resource management plan for each unit of the National Forest System; (7) require land and resource management plans to identify management indicators and specify measurable conditions to maintain viable populations of native plant and animal species, designate sensitive species, and provide standards and guidelines that will ensure the conservation of sensitive species when an activity or project is proposed that would affect their habitat; and (8) terminate the viability requirement for fish and wildlife management planning purposes with respect to a species which is listed under the Endangered Species Act of 1973.
Title III: Administrative and Judicial Review of Federal Land and Resource Management Plans and Activities - Creates the Federal Board of Land Management Appeals as an independent tribunal within the Department of the Interior to hear administrative appeals of actions relating to land and resource management plans, land classifications, and management activities implementing plans under specified Federal land planning and management statutes. Requires the Forest Service and Bureau of Land Management to expedite appeals of Federal land and resource management plans and activities in Oregon, Washington, and California that are affected by northern spotted owl or old-growth forest issues. Limits administrative review of actions subject to this title which are taken within the Forest Service or Bureau of Land Management to one level of informal review. Makes a final decision of the Federal Board of Land Management Appeals appealable only to the appropriate Federal court of appeals for the circuit in which the affected lands are situated.
Title IV: Economic Assistance and Forest Productivity Programs - Provides for increased payments with respect to national forests under certain existing Federal laws for counties in Washington, Oregon, and California to assist rural communities.
Outlines provisions setting forth a program to provide grants and benefit payments to, and promote economic diversification and stability for, communities and employees that are economically dependent on National Forest System Lands and public lands administered by the Bureau of Land Management and that are adversely impacted by a declining timber supply. Includes as part of such program the establishment of: (1) a special economic adjustment fund in the Treasury to consist of five percent of the Federal portion of all moneys received each year from the sale of timber and other forest products from Federal lands; and (2) a Timber Economic Adjustment Commission to distribute to communities and employees who meet specified eligibility criteria grants and benefit payments from such special fund.
Requires the Commission to report to the Congress and the Governors of California, Oregon, and Washington on its accomplishments, the economic conditions of communities and employment in the region in which National Forest Lands and public lands are located, and its recommendations.
Directs the Secretaries to establish a special initiative to improve the timber productivity on Federal, State, county, and private lands in counties that include communities eligible for program assistance. Requires the Secretaries to develop a program to maximize employment opportunities for displaced employees. Specifies the components of such initiative, which include improved wood utilization.
Amends the Cooperative Forest Assistance Act of 1978 to earmark a portion of the amount authorized to be appropriated each year to implement the forestry incentives program for assistance in California, Oregon, and Washington for planning, reforestation, and timber stand improvement practices to further second growth management of timber resources to offset the expected decline in timber harvests from Federal lands as a result of listing the northern spotted owl as a threatened species under the Endangered Species Act of 1973. Requires such assistance to be concentrated in those counties containing northern spotted owl forests.
Amends the Kuntson-Vandenberg Act to require the purchasers of Federal timber harvested from lands administered by the Bureau of Land Management to make reforestation payments to the same extent as is required with respect to National Forest Lands.
Title V: Miscellaneous Provisions - Directs the Secretary of Agriculture, in recognition of the 100th Anniversary of the founding of the Forest Service and the changes now occurring in forest management, to study the organization of the Service and make such changes to the Service's organizational structure as may be necessary to meet future challenges.
Amends the Cooperative Forestry Assistance Act of 1978 to direct the Secretary of Agriculture, in developing a list of approved forest activities and practices that will be eligible for cost-share assistance under the Stewardship Incentive Program, to attempt to achieve the development and implementation of habitat conservation plans under the Endangered Species Act of 1973.
Earmarks 20 percent of annual Program appropriations to carry out the Program in Regions 5 and 6 of the National Forest System.
Directs NAS to convene a multidisciplinary task force of independent scientists to: (1) review fish and wildlife management programs for their effectiveness in maintaining healthy and diverse fish and wildlife populations on Federal lands; (2) review the strengths and weaknesses of the species approach to protection under the Endangered Species Act of 1973; and (3) develop strategies to maintain fish and wildlife populations and habitat to avoid the number of species that become threatened or endangered.
Provides that the costs incurred as a result of this Act and its amendments shall not be considered for purposes of determining the revenues and direct and indirect costs of the timber sale program of the Forest Service or the Bureau of Land Management.
Treats the provisions of this Act and its amendments as emergency funding requirements under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
HR 3263 IH 102d CONGRESS 1st Session H. R. 3263 To provide a balanced solution to the current timber-based crisis in Oregon, Washington and northern California by establishing an ecologically significant old growth forest reserve system, ensuring the conservation of the northern spotted owl and the protection of other species associated with old growth forests, securing a predictable supply of timber to afford stability to timber dependent communities in the region, and providing economic adjustment assistance to communities and employees dependent on the forest industry. IN THE HOUSE OF REPRESENTATIVES AUGUST 2, 1991 Mr. MORRISON (for himself, Mr. AUCOIN, Mr. SWIFT, Mr. WYDEN, Mr. MILLER of Washington, Mr. DEFAZIO, Mrs. UNSOELD, Mr. KOPETSKI, and Mr. LAROCCO) introduced the following bill; which was referred jointly to the Committees on Agriculture, Interior and Insular Affairs, and Merchant Marine and Fisheries A BILL To provide a balanced solution to the current timber-based crisis in Oregon, Washington and northern California by establishing an ecologically significant old growth forest reserve system, ensuring the conservation of the northern spotted owl and the protection of other species associated with old growth forests, securing a predictable supply of timber to afford stability to timber dependent communities in the region, and providing economic adjustment assistance to communities and employees dependent on the forest industry. 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 `Northwest Forest Protection and Community Stability Act of 1991'. SEC. 2. TABLE OF CONTENTS. The Table of Contents for this Act is as follows: Table of Contents Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings and reaffirmation of commitment. TITLE I--ECOLOGICALLY SIGNIFICANT OLD GROWTH FOREST RESERVE SYSTEM Sec. 101. Application of title. Sec. 102. Definitions. Sec. 103. Establishment of System, study areas, and areas of special significance. Sec. 104. Map and legal description of System. Sec. 105. Reserve recommendations. Sec. 106. Management of System and study areas. Sec. 107. Management of areas of special significance. Sec. 108. Management of lands not included in the System, a study area, or an area of special significance. Sec. 109. Review and report by National Academy of Sciences. Sec. 110. Discharge. Sec. 111. Special consultation in timber sale program. Sec. 112. Easements and other access across non-Federal land. Sec. 113. Cooperative habitat conservation. Sec. 114. Protection of water quality and supplies for communities. Sec. 115. Research and monitoring program. Sec. 116. Timber management investment report. Sec. 117. Preservation of wilderness areas. Sec. 118. Endangered Species Act and management exemptions for existing electric system power facilities and corridors. TITLE II--FOREST PLANNING AMENDMENTS Sec. 201. Public participation in adoption of constraints on planning process. Sec. 202. Tiering of environmental documentation. Sec. 203. Public petitions for amendment or revision of land and resource management plans. Sec. 204. Budget disclosures. Sec. 205. Termination of viability requirement under land management plan upon listing of species under Endangered Species Act. TITLE III--ADMINISTRATIVE AND JUDICIAL REVIEW OF FEDERAL LAND AND RESOURCE MANAGEMENT PLANS AND ACTIVITIES Sec. 301. New appeals system and interim provisions. Sec. 302. Administrative review. Sec. 303. Judicial review. TITLE IV--ECONOMIC ASSISTANCE AND FOREST PRODUCTIVITY PROGRAMS Sec. 401. Economic assistance to rural communities. Sec. 402. Economic adjustment assistance for communities and wood products and timber employees. Sec. 403. Forest productivity initiative. Sec. 404. Forestry incentives for private forest lands. Sec. 405. Expansion of Knutson-Vandenberg Act. TITLE V--MISCELLANEOUS PROVISIONS Sec. 501. Organizational study of Forest Service. Sec. 502. Stewardship Incentive Program amendments. Sec. 503. National Academy of Sciences multidisciplinary task force to review fish and wildlife management programs. Sec. 504. Treatment of costs. SEC. 3. FINDINGS AND REAFFIRMATION OF COMMITMENT. (a) FINDINGS- The Congress finds the following: (1) The Pacific Northwest has been a long-standing supplier of timber and wood products in the United States and the economy of the Pacific Northwest requires a stable and certain supply of timber from Federal lands. (2) Timber-dependent communities in the Pacific Northwest need economic assistance to help them become more diversified. (3) Employees in the forest industry in the Pacific Northwest are among the most productive in the United States and they respect the forests in which they live and work. (4) Without a prompt solution to the current timber-based crisis in the Pacific Northwest, sociologists warn that there will be family problems, substance abuse, and suicides in the Pacific Northwest's timber-dependent communities. (5) National Forest System lands and Bureau of Land Management lands in Oregon, Washington, and California contain the most significant remaining stands of old growth forests. (6) The old growth forests on Federal lands of the Pacific Northwest have been a significant source of timber since 1900 and are of unique importance to the United States. (7) The old growth forests are homes to endemic, rare, threatened and endangered species of wildlife, fish, and plants. (8) The old growth forests provide outstanding and unique recreational opportunities. (9) The old growth forests provide unique and unparalleled opportunities for scientific study and research, including medical research as evidenced by the yew tree and its cancer fighting compound taxol. (10) Many old growth forests support streams and rivers where wild runs of anadromous 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 protecting the watersheds of old growth forests. (11) Timber cutting should be practiced on a nondeclining, even flow, sustained yield basis while preserving and protecting biological diversity, old growth forests, and wildlife habitat. (12) The old growth forests on Federal lands of the Pacific Northwest of unique importance to the Nation, and the northern spotted owl has been designated as an indicator of the condition of these forests. (13) Significant scientific evaluation and recommendations for protecting and preserving the northern spotted owl are found in the report to the Secretary of the Interior and the Secretary of Agriculture by the Interagency Scientific Committee to Address the Conservation of the Northern Spotted Owl, dated May 19, 1990. (14) The establishment of an old growth forest reserve can contribute significantly to the viability and conservation of the ecosystem that supports the northern spotted owl and other rare or declining species of fish, wildlife, and plants dependent on or associated with old growth forests. (15) The United States needs land use policies that require the perpetuation of old growth forests and the benefits associated with old growth forests. (16) Most of the land and resource management plans for Federal lands in the Pacific Northwest have been completed, but these plans may not provide fully for the protection and attendant management of ecologically significant old growth forests and species associated with old growth forests. (17) Further Congressional direction is required to ensure the effective planning and management of Federal lands that contain old growth forests in order to secure the protection and attendant management of those areas of old growth forest that are ecologically significant and the species that are associated with old growth forests. (b) REAFFIRMATION OF COMMITMENT- The Congress reaffirms its commitment to stringent controls on Federal spending, but finds compelling justification for assistance to timber-dependent communities and employees dependent on the forest industry who have been adversely affected by changes in Federal policy. TITLE I--ECOLOGICALLY SIGNIFICANT OLD GROWTH FOREST RESERVE SYSTEM SEC. 101. APPLICATION OF TITLE. This title shall apply only with respect to Federal lands and interests in lands contained in the following national forests of the National Forest System and districts of the Bureau of Land Management in the States of California, Oregon, and Washington: (1) California National Forests: (A) Klamath National Forest. (B) Shasta-Trinity National Forest. (C) Mendocino National Forest. (D) Six Rivers National Forest. (2) Oregon National Forests: (A) Mount Hood National Forest. (B) Rogue River National Forest. (C) Siskiyou National Forest. (D) Siuslaw National Forest. (E) Umpqua National Forest. (F) Willamette National Forest. (3) Washington National Forests: (A) Gifford Pinchot National Forest. (B) Mount Baker-Snoqualmie National Forest. (C) Okanogan National Forest (the area west of the Chewaukum River). (D) Olympic National Forest. (E) Wenatchee National Forest. (4) Districts of the Bureau of Land Management: (A) Coos Bay District. (B) Eugene District. (C) Medford District. (D) Roseburg District. (E) Salem District. SEC. 102. DEFINITIONS. For purposes of this title: (1) The term `northern spotted owl forests' means the Federal lands and interests in lands in the national forests of the National Forest System and the districts of the Bureau of Land Management subject to this title under section 101. (2) The term `System' means the Ecologically Significant Old Growth Forest Reserve System established under section 103(a). (3) The term `study area' means Federal lands and interests in lands in northern spotted owl forests designated under section 103(c) for possible inclusion in the System. (4) The term `areas of special significance' means those Federal lands and interests in lands in northern spotted owl forests designated under section 103(d) for special management considerations. (5) The terms `old growth' and `old growth forest' mean those forest stands which-- (A) meet the criteria set forth in Forest Service Research Bulletin PNW-447; (B) are referred to as `old-growth timber' on pages 3-40 through 3-42 of the `Regional Guide for the Pacific Northwest Region', dated May 1984; or (C) are the forest type known as `Coast Redwood', as defined in the document entitled `Potential Natural Vegetation of the United States', authored by A. W. Kuchler, and known as `Type K-6'. (6) The term `Northern Spotted Owl Recovery Team' means the individuals appointed by the Secretary of the Interior and assigned the responsibility of preparing a recovery plan for the northern spotted owl pursuant to section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f)). (7) The term `Secretary' means-- (A) the Secretary of Agriculture, with respect to lands and interests in lands in northern spotted owl forests under the jurisdiction of the Forest Service; and (B) the Secretary of the Interior, with respect to lands and interests in lands in northern spotted owl forests under the jurisdiction of the Bureau of Land Management. SEC. 103. ESTABLISHMENT OF SYSTEM, STUDY AREAS, AND AREAS OF SPECIAL SIGNIFICANCE. (a) ESTABLISHMENT- In order to maintain and enhance northern spotted owl habitat, ecological diversity, old growth forests, and other areas that may be essential to species dispersal and the maintenance of genetic diversity, there is hereby established in the northern spotted owl forests the Ecologically Significant Old Growth Forest Reserve System. (b) IMMEDIATE INCLUSION IN SYSTEM- Certain Federal lands and interests in lands in northern spotted owl forests in the States of California, Oregon, and Washington that are generally depicted on the map entitled ` ' and dated , 1991, are included in the System. (c) STUDY AREAS FOR POSSIBLE INCLUSION IN SYSTEM- Certain Federal lands and interests in lands in northern spotted owl forests in the States of California, Oregon, and Washington that are generally depicted on the map entitled ` ' and dated , 1991, are designated as study areas for possible inclusion in the System. (d) AREAS OF SPECIAL SIGNIFICANCE- (1) DESIGNATION- In addition to those lands included in the System or designated as study areas under this section, the following areas of the northern spotted owl forests are designated as areas of special significance and shall be subject to special management rules specified for those areas in section 107: (A) Olympic and Mount Baker-Snoqualmie National Forests. (2) EFFECT OF DESIGNATION- The designation of Federal land or interests in land as an area of special significance shall not be considered as including such land or interests in the System or a study area. SEC. 104. MAP AND LEGAL DESCRIPTION OF SYSTEM. (a) PREPARATION- As soon as practicable after the date of the enactment of this Act, each Secretary shall prepare a map and a legal description of the Federal lands and interests in lands that are under the jurisdiction of the Secretary and included in the System or in a study area. (b) FILING WITH CONGRESS- The maps and legal descriptions prepared under subsection (a) shall be filed with the Committees on Interior and Insular Affairs and Agriculture of the House of Representatives and the Committees on Energy and Natural Resources and Agriculture, Nutrition, and Forestry of the Senate. Each map and legal description filed under this subsection shall have the same force and effect as if contained in this Act. (c) AVAILABILITY- Each map and legal description filed under subsection (b) shall also be on file and available for public inspection in the Office of the Chief of the Forest Service and in the Office of the Director of the Bureau of Land Management. SEC. 105. RESERVE RECOMMENDATIONS. (a) LIMITATION ON AUTHORITY OF SECRETARIES- Each Secretary may correct any clerical and typographical errors in the maps and legal descriptions prepared by the Secretary under section 104(a). No other adjustment of any boundary of the System or of a study area shall occur unless made by an Act of Congress or, in the case of a study area, made pursuant to subsection (c). (b) RECOMMENDATION OF BOUNDARY ADJUSTMENTS- Each Secretary may recommend an adjustment of the boundaries of the System or a study area only if the recommendation is-- (1) consistent with the policy expressed in section 103(a); (2) prepared in a process that provides for public involvement as provided in the land management planning process; (3) takes into consideration any recommendations of the National Academy of Sciences in the report submitted under section 109 and any Northern Spotted Owl Recovery Plan that may be recommended by the Northern Spotted Owl Recovery Team, including any boundary adjustments recommended by the plan or report; and (4) is submitted to the Committees on Interior and Insular Affairs and Agriculture of the House of Representatives and the Committees on Energy and Natural Resources and Agriculture, Nutrition, and Forestry of the Senate, together with the reasons for the recommendation. (c) RECOMMENDATIONS ON PERMANENT INCLUSION OF STUDY AREAS IN SYSTEM- (1) RECOMMENDATIONS REQUIRED- Not later than one year after the submission of the report of the National Academy of Sciences required by section 109, each Secretary shall recommend, consistent with subsection (b), those study areas (or portions of study areas) under the jurisdiction of the Secretary that should be permanently included in the System or removed from further consideration for inclusion in the System. In making recommendations under this subsection, each Secretary shall comply with the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) NOTICE AND WAIT- The recommendations of a Secretary under this subsection shall take effect 120 calendar days after the date on which the recommendations are submitted to Congress as required by subsection (b)(4). (3) EFFECT OF REMOVAL- A study area or portion of a study area removed from further consideration for inclusion in the System under this subsection or subsection (b) shall thereafter-- (A) not be considered as a study area under section 103(c); (B) not be subject to the management requirements specified in sections 106, 107, or 108; and (C) be managed for multiple use pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) or section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), whichever applies. (d) DRAFT LEGISLATION- In the case of any proposed boundary adjustment submitted by a Secretary after the submission by that Secretary of the recommendation required by subsection (c), the Secretary shall include a draft bill that, if enacted, would implement such recommendation. Any member of Congress may introduce the draft bill. SEC. 106. MANAGEMENT OF SYSTEM AND STUDY AREAS. (a) RESTRICTIONS ON TIMBER HARVESTING- (1) IN GENERAL- Except as provided under paragraph (2), timber harvesting shall not be allowed in the System, including study areas. (2) EXCEPTIONS- The Secretaries may permit timber harvesting in the System or a study area if such harvesting is the minimum necessary for the protection of the forest outside of the System or study area from an insect or disease epidemic or for public safety, recreation, and administration. Lands in the System or a study area that do not meet the definition of old growth forest or are damaged by fire or other natural causes shall be managed to regenerate old growth forest. (b) PRIMARY PURPOSE OF MANAGEMENT ACTIVITY- Any management activity allowed in the System (including study areas) shall have as its primary purpose the maintenance and enhancement of the northern spotted owl habitat, ecological diversity, old growth forests, and such areas as may be essential to species dispersal and the maintenance of genetic diversity. The Secretaries shall permit management activities consistent with this purpose, such as fire suppression and prescription, noncommercial silvicultural treatments of young stands, activities to restore aquatic habitats, and research. (c) WITHDRAWAL- Subject to valid existing rights, Federal lands in the System (including study areas) are withdrawn from disposition under the public land laws and from location, entry, and patent under the mining laws of the United States, from the operation of the mineral leasing laws of the United States, and from operation of the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.). (d) STRUCTURES, RECREATION, AND ACCESS- (1) SYSTEM LANDS- Roads, structures, and motorized recreation and access (in excess of that permitted on the date of the enactment of this Act) shall not be permitted in the System. (2) STUDY AREAS- Except as prohibited or restricted by applicable law or previous designation of lands as wilderness or otherwise, roads, structures, and motorized recreation and access may be permitted in study areas if the Secretary determines that the roads, structures, and motorized recreation and access are compatible with the protection of old growth forest and northern spotted owl habitat. (e) HUNTING, TRAPPING, AND FISHING- Except as prohibited or restricted by applicable law or previous designation of lands as wilderness or otherwise, the Secretary may permit hunting, trapping, and fishing in the System (including study areas) in accordance with applicable Federal and State law. The Secretary may designate zones in which, and establish time periods during which, hunting, trapping, and fishing will not be permitted for reasons of public safety, administration, fish and wildlife management, or public use and enjoyment. Except in emergencies, any rules issued by the Secretary under this subsection shall be put into effect only after consultation with the appropriate State agencies responsible for hunting and fishing activities. SEC. 107. MANAGEMENT OF AREAS OF SPECIAL SIGNIFICANCE. All Federal lands identified by the Secretary of Agriculture as suitable for timber production in the Olympic and Mount Baker-Snoqualmie National Forests shall be managed according to a management strategy emphasizing high quality forestry. For purposes of this section, the term `high quality forestry' means management practices that-- (1) grow timber on rotations of not less than 150 years; (2) require the use of shelterwood or seed-tree regeneration systems in the absence of better silvicultural systems; (3) adjust crown closure through the establishment of periodic thinning and intermediate cuts, developed to maintain or enhance habitats for species dependent on old growth while maintaining a high level of timber production; and (4) provide for the creation and retention of snags and down logs as required to meet the needs of wildlife species. SEC. 108. MANAGEMENT OF LANDS NOT INCLUDED IN THE SYSTEM, A STUDY AREA, OR AN AREA OF SPECIAL SIGNIFICANCE. (a) APPLICATION OF SECTION- This section shall apply only-- (1) with respect to Federal lands and interests in lands in northern spotted owl forests that are not included in the System, a study area, or an area of special significance; and (2) during the period beginning on the date of the enactment of this Act and ending upon the adoption of a revised land management plan for such lands as required under section 109(d). (b) MANAGEMENT OF CRITICAL HABITAT DURING INTERIM PERIOD- (1) MANAGEMENT STANDARDS- Federal lands and interests in lands in northern spotted owl forests within an area designated as critical habitat for the northern spotted owl pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall be managed in accordance with guidelines developed by the Secretaries, in cooperation with the Director of the United States Fish and Wildlife Service, such that-- (A) timber harvesting takes place only on lands that are designated as available for timber harvesting in accordance with the land and resource management plan encompassing the area, as contained in the final environmental impact statement for the plan; (B) silvicultural methods other than clearcutting are used and each tree to be harvested is individually marked; (C) in any area that is harvested-- (i) not less than 40 percent of the crown cover is maintained; (ii) not less than 20 percent of the existing trees are not harvested, which shall consist of the largest trees in the harvest area; and (iii) sufficient dead and down logs and snags and a sufficient number of unharvested trees remain in the harvested area so that such area will exhibit old growth characteristics within 25 to 35 years after the harvesting; and (D) management prescriptions encourage biological diversity, meaning that a variety and abundance of species (and their genetic composition within the communities, ecosystem and landscapes in which they occur) will remain. (2) EFFECT OF ACTIONS UNDER NEPA- Actions consistent with the standards specified in paragraph (1) shall be considered to have no significant impact on the human environment for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (c) MANAGEMENT OF OTHER LANDS DURING INTERIM PERIOD- (1) NATIONAL FOREST SYSTEM- National Forest System lands in northern spotted owl forests (other than as specified in subsection (b)) shall be managed in accordance with the `No Action Alternative A' (including minimum management requirements and riparian area protection), as contained in the final environmental impact statement for the land and resource management plan adopted for that national forest under section 6 of the Forest and Rangeland Resources Planning Act of 1974 (16 U.S.C. 1604). (2) BUREAU OF LAND MANAGEMENT LANDS- Except to the extent modified in this Act, public lands administered by the Bureau of Land Management in northern spotted owl forests (other than as specified in subsection (b)) shall be managed in accordance with the most recently revised resource management plan under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712). (d) QUARTERLY REPORTS- The Secretaries shall submit quarterly reports to the Committees on Interior and Insular Affairs and Agriculture of the House of Representatives and the Committees on Energy and Natural Resources and Agriculture, Nutrition, and Forestry of the Senate describing harvest volume and environmental impacts resulting from actions taken pursuant to this section. (e) SPECIAL RULES REGARDING HARVESTING IN ROADLESS AREAS- (1) AUTHORITY TO PERMIT ENTRANCE- Subject to section 117, the Secretary of Agriculture may permit the entrance into roadless areas (identified in the second Roadless Area Review and Evaluation) on National Forest System lands in northern spotted owl forests for the purposes of timber harvesting provided the following conditions are met: (A) The areas shall not be entered unless a full environmental impact statement is prepared. (B) To the greatest extent practicable, alternative management practices shall be utilized. (C) To the greatest extent practicable, the Secretary shall require the use of temporary roads established in compliance with guidelines specified the Forest Service Handbooks FSH-2409.18, FS2400-6, FS2400-61. (2) TEMPORARY ROADS- Temporary roads under paragraph (1) shall be established for the sole purpose of accessing timber harvest areas and may not be incorporated into the Forest Service road network. Such roads shall be designed and built to the minimum standards needed for safety and protection of resources, such as sensitive soils, water, wildlife, and fisheries. If the Secretary permits the road to be used for only one timber sale, the road shall be obliterated within 12 months after completion of the timber sale contract, including activities under such contract to regenerate the harvest area. If the Secretary permits the road to be used for more than one timber sale, they shall be obliterated within 12 months after completion of the last timber sale contract involving such road. The road shall be obliterated by revegetating the roadbed and roadside and by using techniques, such as applying brush from the harvest area, to stabilize the area. (3) DURATION OF AUTHORITY- The authority provided by this subsection shall not expire upon the adoption of a revised land management plan for such lands as required under section 109(d). SEC. 109. REVIEW AND REPORT BY NATIONAL ACADEMY OF SCIENCES. (a) REVIEW OF INTERIM HARVEST REQUIREMENTS- Beginning not later than one year after the date of the enactment of this Act, the National Academy of Sciences shall conduct a review of-- (1) the harvest requirements specified in section 108(b)(1) for the management of critical habitat areas in northern spotted owl forests; (2) the harvest requirements specified in section 108(c) for the management of other lands in northern spotted owl forests; (3) the impact of these requirements on the old growth forest and the species associated with old growth forests; (4) the impact of these requirements on the social and economic structure of the region; and (5) all feasible silvicultural methods for maintaining or enhancing habitat conditions for such species throughout their range in northern spotted owl forests, including commercial thinning, pruning, fertilization, sanitation, salvage, and other forms of intermediate stand harvest that create conditions comparable to those managed forest conditions which presently serve as habitat for the northern spotted owl. (b) REVIEW OF POSSIBLE ADDITIONS TO SYSTEM- The National Academy of Sciences shall also review the Federal lands and interests in lands designated as study areas under section 103(c) for the purpose of determining which lands and interests in lands are suitable for permanent inclusion in the System. (c) REPORT- (1) SUBMISSION- Not later than two years after the date of the enactment of this Act, the National Academy of Sciences shall submit a report on the reviews required by this section to the Secretary of Agriculture, the Secretary of the Interior, and the Congress. In presenting the range of options required under paragraph (2), the report shall discuss the social, economic, and environmental impacts of the various options. (2) CONTENT- The report required by this subsection shall present a range of options (including a preferred option) regarding-- (A) changes in the definition of old growth forest; (B) Federal lands and interests affected by the alternative definitions of old growth forest; (C) management recommendations for the System; (D) management recommendations for intervening lands, including alternative silvicultural techniques such as those techniques referred to as new forestry; (E) the need for, and the establishment of, connectivity or other practices to promote species dispersal; (F) boundary changes for the System; and (G) criteria to govern consideration of future boundary changes for the System. (3) SYSTEM ADDITIONS- The report required by this subsection shall also contain the recommendations of the National Academy of Sciences concerning the study areas (or portions of study areas) that should be permanently included in the System or removed from consideration for inclusion in the System. (d) REVIEW OF REPORT IN REVISION OF LAND AND RESOURCE MANAGEMENT PLANS- (1) REVIEW- As soon as practicable after the submission of the report under subsection (c), each Secretary shall review the report for the purpose of determining whether the land and resource management plans for lands in northern spotted owl forests should be revised to take into account any management recommendations contained in the report. (2) INDICATION OF REJECTED RECOMMENDATIONS- If a Secretary fails to adopt a preferred management recommendation into a land and resource management plan revised after the review required by paragraph (1), the Secretary shall identify in the final environmental impact statement for the plan revision those management recommendations rejected or modified by the Secretary and the reasons for the rejection or modification. (3) APPLICABLE LAWS- Any revision made as a result of the review under paragraph (1) shall be made in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) or the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), whichever applies. SEC. 110. DISCHARGE. (a) IN GENERAL- If a Federal officer or employee or any other person authorized by the United States to conduct activities on lands included in section 101 conducts those activities in compliance with this Act, the responsibilities for the management, protection, and recovery of the northern spotted owl and other species associated with old growth forest under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Act of July 3, 1918 (16 U.S.C. 703 et seq.) (commonly known as the `Migratory Bird Treaty Act'), and the applicable wildlife-related provisions of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601 et seq.) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) are fully discharged until 120-calendar days after the receipt of the recommendations of both of the Secretaries under section 105(c). (b) EXCEPTIONS- Nothing in subsection (a) shall permit-- (1) the destruction of specific northern spotted owls, specific northern spotted owl nests, or a specific animal or plant of a species listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (2) any activities not in compliance with this title. SEC. 111. SPECIAL CONSULTATION IN TIMBER SALE PROGRAM. To promote predictability and certainty, each Secretary shall develop, on a national forest-by-national forest basis and on a Bureau of Land Management district-by-district basis, annual timber sale programs on lands in northern spotted owl forests outside of the System or a study area that are known to contain the northern spotted owl. Each Secretary shall develop these programs as promptly as possible and submit these programs, together with all available timber program planning documents and projections, to the United States Fish and Wildlife Service for consultation pursuant to section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536). If it is not practicable to complete an entire timber program on a national forest-by-national forest basis or on a Bureau of Land Management district-by-district basis, the Secretary concerned shall submit timber sales for consultation in as large a block as is available, together with all available timber program planning documents and projections. SEC. 112. EASEMENTS AND OTHER ACCESS ACROSS NON-FEDERAL LAND. Notwithstanding any other provision of this Act, the granting of an easement or other form of access across Federal land to non-Federal land by the Forest Service or Bureau of Land Management, and the construction and maintenance of such easement or access, shall not-- (1) constitute agency action for purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536); or (2) subject the Forest Service, Bureau of Land Management, or the recipient of the easement or access to the requirements of section 7(a) or 9(a)(1) of that Act (16 U.S.C. 1536(a) or 1538(a)(1)) concerning any species listed pursuant to section 4 of that Act (16 U.S.C. 1533) associated with old growth forests in California, Oregon, and Washington. SEC. 113. COOPERATIVE HABITAT CONSERVATION. (a) NEGOTIATIONS- The Director of the United States Fish and Wildlife Service shall immediately seek to enter into negotiations with the States of California, Oregon, and Washington and other interested parties for the prompt development of habitat conservation plans for the northern spotted owl under section 10(a) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)). (b) ISSUANCE OF INTERIM INCIDENTAL TAKE PERMITS- To facilitate the northern spotted owl habitat conservation planning process, the Director of the United States Fish and Wildlife Service may issue to the States of California, Oregon, and Washington within six months after the date of the enactment of this Act interim incidental take permits under section 10(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)(B)) for northern spotted owls. Such permits may not be issued unless the Director makes the findings set forth in section 10(a)(2)(B) of that Act (16 U.S.C. 1539(a)(2)(B)) with respect to the period for which such permit is to be in effect. Such permits may be issued only after an opportunity for public comment. (c) PERIOD AND EXPIRATION OF PERMITS- An interim incidental take permit issued under subsection (b), shall be effective for a maximum period of one year and shall cover the timber operations of those parties that are actively negotiating in good faith with the United States Fish and Wildlife Service for a long-term habitat conservation plan for the northern spotted owl. Any such permit shall expire halfway through its effective period unless the Director makes a finding that it is reasonably certain that final agreements on the terms of the habitat conservation plan shall be reached during the remaining effective period of the permit. (d) INTERIM CONSERVATION MEASURES- Under an interim incidental take permit issued under subsection (b), timber operations shall be subject to such interim conservation measures, terms, and conditions as the Director of the United States Fish and Wildlife Service considers appropriate to protect the northern spotted owl during the development of the long-term habitat conservation plan. (e) CHARACTERIZATION OF PERMIT- An interim incidental take permit issued under this paragraph shall be deemed to be a permit issued under section 10(a)(1)(B) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)(B)). SEC. 114. PROTECTION OF WATER QUALITY AND SUPPLIES FOR COMMUNITIES. Nothing in this title shall prohibit or unduly restrict the ability of a Secretary or a community to manage lands in the System or study areas for water quality protection and water supply purposes. SEC. 115. RESEARCH AND MONITORING PROGRAM. (a) ESTABLISHMENT OF RESEARCH PROGRAM- The Secretaries shall establish a joint research and monitoring program regarding the status and long-term outlook for the northern spotted owl. The research and monitoring program shall be in operation not later than one year after the date of the enactment of this Act. The results of this program shall be subject to scientific peer review. (b) RESEARCH COMPONENT- The research component of the program required by this section shall include each of the following: (1) Basic research on old growth forest, the processes of these forests, and species associated with these forests. (2) The development and testing of ecologically sensitive forest management practices at the stand and landscape levels. (3) Analysis of the socioeconomic impacts of these practices. (4) The integration of recreational, aesthetic, and ecological uses of old growth forest ecosystems with commodity uses of these ecosystems. (5) The feasibility of supplying the economy with old growth forest products on a sustained basis and the methods to accomplish this objective. (6) Techniques for regenerating old growth forest ecosystems. (c) MONITORING COMPONENT- The monitoring component of the program required by this section shall consist of an ongoing interagency review of the status and long-term outlook for the northern spotted owl. (d) REPORT- Five years after the date of the enactment of this Act, and every five years thereafter, the Secretary of Agriculture and the Secretary of the Interior shall jointly submit a report to the Congress on the activities conducted under the program during the period covered by the report and the status and long-term outlook for the northern spotted owl. SEC. 116. TIMBER MANAGEMENT INVESTMENT REPORT. (a) YIELDS AND COSTS REPORT- Each Secretary shall prepare a report displaying the yields and costs, both financial and environmental, of timber management investment opportunities for lands in northern spotted owl forests. Timber management investment opportunities considered shall include-- (1) reforestation, including site preparation, direct seeding, planting, and interplanting; and (2) timber stand improvement, including release (manual, chemical, and mechanical), fertilization, pruning, precommercial thinning, and commercial thinning. (b) LAND AND FOREST CLASS- The reports prepared under subsection (a) shall present the yield and cost information for each of the following: (1) Timber site productivity class. (2) Current forest condition class, including old-growth, second-growth, sawtimber, poletimber, saplings, seedlings, and nonstock. (3) Land suitability allocation for timber production under the appropriate forest plan. (c) LANDS CLASSIFIED AS UNSUITABLE FOR TIMBER PRODUCTION- The Secretary of Agriculture shall include in the report prepared by the Secretary under subsection (a)-- (1) the reasons why lands in Forest Service Regions 5 and 6 are classified as not suitable for timber production pursuant to the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), distinguishing among timber site productivity classes and current forest conditions; and (2) the specific identity of those lands considered to be unsuitable for timber production solely due to difficulties in meeting the reforestation requirements of that Act and a description of those difficulties. (d) EXCHANGE AND CONSOLIDATION OF LANDS- In addition to other matters required to be included in the reports prepared under subsection (a), the reports shall address opportunities for land exchanges with private landowners to consolidate Federal landholdings in northern spotted owl forests to enhance reforestation and timber stand improvement. (e) ADVISORY BOARDS- In order to assure a comprehensive and unbiased report on the costs and yields of timber management investment opportunities, the Secretary of Agriculture on a national forest-by-forest basis in northern spotted owl forests, and the Secretary of the Interior on a district-by-district basis for the Bureau of Land Management districts in northern spotted owl forests, shall establish and consult with advisory boards before releasing to the public a draft of the report required by subsection (a). The advisory boards shall be composed of individuals who, in the appropriate Secretary's judgment, represent a diversity of views. The appropriate Secretaries shall provide the advisory boards with the opportunity to review and comment on the practices and investments being examined under subsection (a) and on the draft of the report before its release to the public. The Federal Advisory Committee Act shall not apply to advisory boards established under this subsection. (f) CONSULTATION WITH PRIVATE AND OTHER PUBLIC TIMBERLAND OWNERS- (1) CONSULTATION REQUIRED- In preparing the reports required under subsection (a), each Secretary shall consult with private and other public timberland owners in the general vicinity of the forest or district, as appropriate, to-- (A) identify possible timber management investments and practices, and (B) identify potential costs and yields of those investments and practices. (2) PROTECTIONS- The reports shall include information gathered under this subsection in a manner which protects the proprietary nature of corporate cost information and the cost and yield estimates of the Secretaries. (g) DATE OF SUBMISSION- The reports required by this section shall be submitted to the Congress not later than one year after the date of the enactment of this Act. SEC. 117. PRESERVATION OF WILDERNESS AREAS. Nothing in this title shall be construed to alter the status, use, or management of any component of the National Wilderness Preservation System designated pursuant to the Wilderness Act (16 U.S.C. 1131 et seq.) or any subsequent Act. SEC. 118. ENDANGERED SPECIES ACT AND MANAGEMENT EXEMPTIONS FOR EXISTING ELECTRIC SYSTEM POWER FACILITIES AND CORRIDORS. (a) GENERAL EXEMPTION- For purposes of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the actions of any person with respect to the operation, maintenance, expansion, or upgrade of electric system power facilities in a corridor existing on the date of the enactment of this Act or with respect to the completion of electric system power facilities in a corridor for which site certificates, permits, or rights of way have been granted before that date shall not-- (1) constitute an agency action under section 7(a) of such Act (16 U.S.C. 1536(a)) that is likely-- (A) to jeopardize the continued existence of the northern spotted owl or any other species associated with old growth forests listed pursuant to section 4 of such Act (16 U.S.C. 1533); or (B) to result in the destruction or adverse modification of critical habitat of such species; (2) constitute a taking of such species prohibited by section 9(a)(1)(B) of such Act (16 U.S.C. 1538(a)(1)(B)); and (3) require a permit pursuant to section 10 of such Act (16 U.S.C. 1539). (b) CONSULTATION EXEMPTION- A Federal agency shall not be required to consult under the Endangered Species Act of 1973 with the Secretary of the Interior regarding any action referred to in subsection (a). (c) MANAGEMENT EXEMPTION- The management requirements contained in sections 106, 107, and 108 of this Act shall not apply with respect to electric system power facilities in a corridor. (d) DEFINITIONS- For purposes of this section: (1) The term `electric system power facilities' means transmission lines, including towers and structures, microwave and radio towers and adjacent structures, and substations and adjacent structures. (2) The term `corridor' means a parcel of land not to exceed 100 feet on either side of the physical centerline of each electric transmission line. Such term includes all right of way corridors designated under section 503 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1763). (3) The term `action' includes access road maintenance and construction, vegetation clearing and maintenance, the construction, repair, expansion, replacement, or upgrade of a facility, and line inspection and operation related to an electric system power facility in a corridor. TITLE II--FOREST PLANNING AMENDMENTS SEC. 201. PUBLIC PARTICIPATION IN ADOPTION OF CONSTRAINTS ON PLANNING PROCESS. Subsection (g) of section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(g)) is amended-- (1) by striking out the period at the end of paragraph (3)(F)(v) and inserting in lieu thereof a semicolon; and (2) by adding at the end the following new paragraphs: `(4) specifying the existence of any directive that is adopted to guide the development, analysis, approval, implementation, monitoring, or evaluation of land management plans under this section; and `(5) specifying the procedures followed for the adoption at the regional or forest level of such a directive, including those measures implemented to guarantee public participation in the development of a directive comparable to the public participation requirements for the planning process implemented pursuant to subsection (d).'. SEC. 202. TIERING OF ENVIRONMENTAL DOCUMENTATION. The Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) is amended by inserting after section 6 the following new section: `SEC. 6A. TIERING OF ENVIRONMENTAL DOCUMENTATION. `(a) TIERING REQUIRED- If documentation pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is required on an action implementing a land and resource management plan developed, maintained, or revised under section 6, such documentation shall be tiered to the final environmental impact statement (as amended or supplemented) on the plan. The documentation on the action shall-- `(1) incorporate by reference the relevant analysis of the final environmental impact statement, including cumulative impact analysis; and `(2) focus on any site-specific or project-specific environmental consequences that are required to be analyzed and have not been analyzed in the statement or are substantially different from or greater than the general environmental consequences that have been analyzed in the statement. `(b) ENVIRONMENTAL ASSESSMENTS- An environmental assessment (as defined by the Council on Environ-mental Quality) shall be the most comprehensive level of environmental documentation required for an action implementing a land and resource management plan, unless the Secretary, in the Secretary's discretion in accordance with regulations, determines that the nature or scope of potential environmental consequences of an implementing action is substantially different from or greater than the nature or scope of the consequences considered in the final environmental impact statement for the plan.'. SEC. 203. PUBLIC PETITIONS FOR AMENDMENT OR REVISION OF LAND AND RESOURCE MANAGEMENT PLANS. (a) NATIONAL FOREST SYSTEM- The Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) is amended by inserting after section 6A (as added by section 202) the following new section: `SEC. 6B. PUBLIC PETITIONS FOR AMENDMENT OR REVISION. `(a) PETITIONS AUTHORIZED ON NEW INFORMATION- A person may petition the Secretary for an amendment or revision of a land and resource management plan that is developed, maintained, or revised under section 6(a) or a planning process directive specified under section 6(g)(4) if the person alleges and relies on new information or a new law or rule to support the proposed amendment or revision. `(b) PETITION IN LIEU OF ADMINISTRATIVE APPEAL- A person who wishes to challenge a plan or an action implementing a plan on the basis new information or a new law or rule shall first petition the Secretary for an amendment or revision of the plan in lieu of filing an administrative appeal on such plan or action. A person who wishes to challenge a planning process directive specified under section 6(g)(4) on the basis of new information, law, or regulation must first petition the Secretary for an amendment or revision of the directive. `(c) FILING AND CONSIDERATION- A petition under this section shall be filed in accordance with rules issued by the Secretary. In the case of a petition that concerns a species listed, or a critical habitat designated, pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), the Secretary shall seek and consider the advice of the Secretary of the Interior and the Secretary of Commerce. The Secretary shall accept or deny the petition in writing within 60 calendar days after receipt. `(d) EFFECT OF ACCEPTANCE- If the Secretary accepts a petition under this section, the amendment or revision process of the plan, action, or directive at issue shall begin on the date of the acceptance of the petition. `(e) FRIVOLOUS PETITIONS OR APPEALS- `(1) VIOLATION- A person may not file a petition under this section or seek administrative review on a plan, an action implementing a plan, or a directive specified in section 6(g)(4) for any improper purpose (as defined by the Secretary by rule), such as to harass, cause unnecessary delay, or cause needless increase in administrative costs to the United States. `(2) ASSESSMENT- The Secretary may, on the record after an opportunity for a hearing, impose on any person who the Secretary determines violates paragraph (1) a civil penalty in an amount not to exceed $10,000 to compensate the United States for the costs of considering the petition or appeal. `(f) NEW INFORMATION DEFINED- For purposes of this section: `(1) The term `new information' means information related to the plan, action, or directive that was not known or considered by the Secretary in the preparation of the plan or directive at issue. `(2) The term `new law or rule' means a law, amendment to a law, or rule that is not in effect on the date the plan or directive at issue is adopted.'. (b) BLM LANDS- The Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) is amended by inserting after section 202 the following new section: `SEC. 202A. PUBLIC PETITIONS FOR AMENDMENT OR REVISION OF LAND USE PLANS. `(a) PETITIONS AUTHORIZED ON NEW INFORMATION- A person may petition the Secretary for an amendment or revision of a land use plan that is developed, maintained, or revised under section 202(a) if the person alleges and relies on new information or a new law or rule to support the proposed amendment or revision. `(b) PETITION IN LIEU OF ADMINISTRATIVE APPEAL- A person who wishes to challenge a plan or an action implementing a plan on the basis new information or a new law or rule shall first petition the Secretary for an amendment or revision of the plan in lieu of filing an administrative appeal on such plan or action. `(c) FILING AND CONSIDERATION- A petition under this section shall be filed in accordance with rules issued by the Secretary. In the case of a petition that concerns a species listed, or a critical habitat designated, pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), the Secretary shall seek and consider the advice of the Secretary of Agriculture and the Secretary of Commerce. The Secretary shall accept or deny the petition in writing within 60 calendar days after receipt. `(d) EFFECT OF ACCEPTANCE OR REJECTION- If the Secretary accepts a petition under this section, the amendment or revision process of the plan at issue shall begin on the date of the acceptance. If the Secretary rejects the petition, the petitioner may seek immediate judicial review unless the Secretary provides by rule for further administrative review of the decision on the petition. `(e) FRIVOLOUS PETITIONS OR APPEALS- `(1) VIOLATION- A person may not file a petition under this section or seek administrative review on a plan or an action implementing a plan for any improper purpose (as defined by the Secretary by rule), such as to harass, cause unnecessary delay, or cause needless increase in administrative costs to the United States. `(2) ASSESSMENT- The Secretary may, on the record after an opportunity for a hearing, impose on any person who the Secretary determines violates paragraph (1) a civil penalty in an amount not to exceed $10,000 to compensate the United States for the costs of considering the petition or appeal. `(f) NEW INFORMATION DEFINED- For purposes of this section: `(1) The term `new information' means information related to the plan or action that was not known or considered by the Secretary in the preparation of the plan at issue. `(2) The term `new law or rule' means a law, amendment to a law, or rule that is not in effect on the date the plan at issue is adopted.'. (c) CLERICAL AMENDMENT- The table of contents at the beginning of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) is amended by inserting after the item relating to section 202 the following new item: `Sec. 202A. Public petitions for amendment or revision of land use plans.'. SEC. 204. BUDGET DISCLOSURES. (a) FUNDS TO IMPLEMENT PLANS- Section 8(b) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1060(b)) is amended by inserting after the first sentence the following new sentence: `The request shall include as an appendix to the budget a statement of the amount of funds that would be required to achieve 100 percent of annual outputs specified in, or otherwise implement fully, the land and resource management plan for each unit of the National Forest System.'. (b) CONFORMING AMENDMENTS- Such section is further amended-- (1) by striking out `Commencing' and all that follows through `1977, requests' and inserting in lieu thereof `FOREST SERVICE BUDGET REQUESTS- Each budget request'; (2) by striking out `of this section' both places it appears; and (3) by striking out `, Public Law 93-344' and inserting in lieu thereof `(2 U.S.C. 601 et seq.)'. (c) APPLICATION OF AMENDMENTS- The amendment made by subsection (a) shall apply with respect to budget requests presented to Congress after the date of the enactment of this Act. SEC. 205. TERMINATION OF VIABILITY REQUIREMENT UNDER LAND MANAGEMENT PLAN UPON LISTING OF SPECIES UNDER ENDANGERED SPECIES ACT. Section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) is amended by adding at the end the following new subsection: `(n) VIABLE POPULATIONS- Land and resource management plans shall identify management indicators and specify measurable conditions to maintain viable populations of native plant and animal species, designate sensitive species, and provide standards and guidelines that will ensure the conservation of sensitive species when an activity or project is proposed that would affect their habitat. However, while a species is listed under the Endangered Species Act of 1973 (16 U.S.C. 1501 et seq.), the requirements contained in section 19 of part 219 of title 36, Code of Federal Regulations (36 CFR 219.19), shall not apply with respect to that species.'. TITLE III--ADMINISTRATIVE AND JUDICIAL REVIEW OF FEDERAL LAND AND RESOURCE MANAGEMENT PLANS AND ACTIVITIES SEC. 301. NEW APPEALS SYSTEM AND INTERIM PROVISIONS. (a) OPERATION OF NEW APPEALS SYSTEM- Except as provided in subsection (b), this title shall apply with respect to all administrative and judicial appeals of actions-- (1) relating to land and resource management plans, land classifications, management activities implementing plans under the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) for National Forest System lands, and under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and the Act of August 28, 1937 (43 U.S.C. 1181a et seq.) for lands managed by the Secretary of the Interior through the Bureau of Land Management, and public petitions for the amendment or revision of such plans; and (2) filed after the end of the nine-month period beginning on the date of the enactment of this Act. (b) INTERIM PROVISIONS- Appeals of Federal land and resource management plans and activities implementing such plans that are filed before the end of the nine-month period beginning on the date of the enactment of this Act shall be in accordance with law and regulations existing as of the date of the enactment of this Act. To the maximum extent possible, the Forest Service and Bureau of Land Management shall expedite appeals of Federal land and resource management plans and activities in the States of Oregon, Washington, and California that are affected by northern spotted owl or old-growth forest issues. The Congress recommends and encourages the Federal courts to expedite such appeals. SEC. 302. ADMINISTRATIVE REVIEW. (a) ONE LEVEL OF AGENCY REVIEW- The Secretary of Agriculture for the Forest Service and the Secretary of the Interior for the Bureau of Land Management shall provide not more than one level of informal review of any action taken within the Forest Service or Bureau of Land Management, as appropriate, which is subject to this title. A written request for review shall be filed within 30 calendar days after the agency action for which review is sought. Review shall be completed within 45 calendar days of the date review is requested. The resulting decision shall constitute final agency action. (b) APPEAL TO BOARD- An appeal of a decision reviewing an action pursuant to subsection (a) shall be to the Federal Board of Land Management Appeals. (c) FEDERAL BOARD OF LAND APPEALS- (1) ESTABLISHMENT- There is established a Federal Board of Land Management Appeals as an independent tribunal within the Department of the Interior which shall determine appeals of decisions reviewing actions pursuant to subsection (a). The Board shall begin operating not later than 9 months after the date of enactment of this Act. (2) MEMBERSHIP- Except as otherwise provided in this section, the Board shall consist of administrative judges who are appointed jointly by the Secretaries from a merit register of eligible candidates maintained by the Office of Personnel Management. To be eligible for the register, a person shall be an attorney who has not less than five years experience in Federal land management issues. Judges currently serving on the Interior Board of Land Appeals shall be qualified to serve on the Federal Board of Land Management Appeals. Of the first appointments made under this section, at least three shall be judges currently serving on the Interior Board of Land Appeals. (3) COMPENSATION- The chair and vice chair of the Board shall be designated jointly by the Secretary of Agriculture and the Secretary of the Interior from among the judges on the Federal Board of Land Management Appeals. The chair, vice chair, and members shall receive compensation at a rate equal to the rate for members of the Board of Contract Appeals provided under section 5372(a) of title 5, United States Code. These positions shall be in addition to the number of positions which otherwise may be placed in levels above GS-15. (4) HEARING ON RECORD- Proceedings before the Federal Board of Land Management Appeals may include, as appropriate, a hearing on the record in accordance with chapter 5 of title 5, United States Code. (d) REGULATIONS- The Secretaries shall develop and adopt joint regulations to carry out this title. SEC. 303. JUDICIAL REVIEW. A final decision of the Federal Board of Land Management Appeals may only be appealed to the appropriate Federal court of appeals for the circuit in which the affected lands are situated not more than 30 calendar days after such final decision, and only on the record of that decision. TITLE IV--ECONOMIC ASSISTANCE AND FOREST PRODUCTIVITY PROGRAMS SEC. 401. ECONOMIC ASSISTANCE TO RURAL COMMUNITIES. (a) PAYMENTS FOR COUNTIES- Effective for fiscal years 1992 through 1996, the amount paid with respect to the national forests in Oregon, Northern California, and Washington under the Act of May 23, 1908, and section 13 of the Act of March 1, 1911 (16 U.S.C. 500), shall be the greater of the amount due under such laws and 90 percent of the average amount paid for fiscal years 1988 through 1991 with respect to such national forests. (b) OREGON AND CALIFORNIA LANDS- In addition to the 50 percent share provided by subsection (a) of the first section of title II of the Act of August 28, 1937 (43 U.S.C. 1181f), for fiscal years 1992 through 1996, the 25 percent amount of the Oregon and California land grant fund described in subsection (b) of such section shall be paid to the counties in the same manner as provided in such subsection (a). Thereafter, the amount paid with respect to the Oregon and California Railroad grant lands shall be the greater of the amount due under such Act but for this subsection and 90 percent of the average amount paid for fiscal years 1988 through 1991 with respect to such lands. (c) COOS BAY WAGON ROAD GRANT LANDS- In addition to the share provided by the first section of the Act of May 24, 1939 (chapter 144, 53 Stat. 753; 43 U.S.C. 1181f-1), the remaining 25 percent of the Coos Bay Wagon Road grant fund for each of the fiscal years 1992 through 1996 shall be paid to the counties in the same manner as provided in such first section. Thereafter, the amount paid with respect to the Coos Bay Wagon Road grant lands shall be the greater of the amount due under such Act but for this subsection and 90 percent of the average amount paid for fiscal years 1988 through 1991 with respect to such lands. SEC. 402. ECONOMIC ADJUSTMENT ASSISTANCE FOR COMMU-NITIES AND WOOD PRODUCTS AND TIMBER EMPLOYEES. (a) PURPOSES- The purposes of this section are to develop an organizational structure and a program to provide grants and benefit payments to, and promote economic diversification and stability for, communities which and employees who are economically dependent on National Forest System Lands and public lands administered by the Bureau of Land Management and are adversely impacted by timber supply which is declining and may decline further. (b) SPECIAL ECONOMIC ADJUSTMENT FUND- (1) ESTABLISHMENT- Effective for six full fiscal years after the date of the enactment of this Act, five percent of the Federal portion of all moneys received each fiscal year from the sale of timber and other forest products from the Federal lands shall be deposited into the Treasury of the United States and shall constitute a special fund for purposes of this section. (2) MONEYS RECEIVED DEFINED- For the purposes of paragraph (1), the term `moneys received' has the same meaning given such term in the sixth paragraph under the heading `FOREST SERVICE' in the Act of May 23, 1908, and in section 13 of the Act of March 1, 1911 (16 U.S.C. 500), except that such term includes-- (1) moneys deposited into the Oregon and California land-grant fund pursuant to the Act of August 28, 1937 (chapter 876, 50 Stat. 874; 43 U.S.C. 1181a et seq.); (2) moneys deposited into the Coos Bay Wagon Road grant fund pursuant to the Act of May 24, 1939 (chapter 144, 53 Stat. 753; 43 Stat. 1181f-1 et seq.); and (3) moneys received from the disposal of timber and other forest products pursuant to the Act of July 31, 1947 (30 U.S.C. 601 et seq.). (3) EFFECT ON APPLICATION OF OTHER LAWS- Nothing in this section shall be construed as modifying or altering payments to States under the sixth paragraph under the heading `FOREST SERVICE' in the Act of May 23, 1908, section 13 of the Act of March 1, 1911 (16 U.S.C. 500), the Act of August 28, 1937 (43 U.S.C. 1181f et seq.), and the Act of May 24, 1939 (43 U.S.C. 1181f-1 et seq.). (c) TIMBER ECONOMIC ADJUSTMENT COMMISSION- (1) ESTABLISHMENT- There is hereby established a Timber Economic Adjustment Commission to perform the functions described in this section. The Commission shall consist of three members appointed by the Secretary of Agriculture and the Secretary of the Interior jointly not later than 60 calendar days after the date of the enactment of this Act. One member shall be appointed from persons nominated by the Governor of the State of California, one member shall be appointed from persons nominated by the Governor of the State of Oregon, and one member shall be appointed from persons nominated by the Governor of the State of Washington. Any vacancy on the Commission shall be filled in the same manner as the original appointment. The chair of the Commission shall be elected annually from among the members by majority vote. (2) ADMINISTRATIVE AUTHORITY- The Commission shall have the authority to appoint, fix compensation for, and assign and delegate duties to an Executive Director and such other employees, and procure such temporary and intermittent services, as the Commission considers necessary to fulfill its functions under this section. (3) MEETINGS- The Commission shall adopt such internal rules of procedure as it considers necessary. All Commission meetings shall be open to the public, but may be closed temporarily for discussion of personnel and budgetary matters. Notice of Commission meetings shall be published in newspapers of general circulation in California, Oregon, and Washington. (4) ASSISTANCE TO COMMISSION- Upon the request of the Commission, Federal agencies may provide technical assistance on a nonreimbursable basis to the Commission to assist it in fulfilling its functions under this section. The Commission may use, with their consent, the services, equipment, personnel, and facilities of Federal, State, and other agencies with or without reimbursement. Each Federal agency shall cooperate fully in making its services, equipment, personnel, and facilities available to the Commission. (5) COMPENSATION- Members of the Commission who are not otherwise employed may be compensated at a rate fixed by the President but not in excess of the maximum rate of pay for grade level IV of the Executive Schedule under section 5316 of title 5, United States Code. The members of the Commission and the Panel established under subsection (d), while away from their homes or regular places of business in performance of services for the Commission or Panel, shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government Service are allowed expenses under section 5703(b) of title 5, United States Code. (d) ADVISORY PANEL- In performing its functions under this section 407, the Commission shall consult with and consider the recommendations of a nine-member Timber Economic Adjustment Advisory Panel. The Governors of the States of California, Oregon, and Washington shall each appoint three members to the Panel; one from the forest products industry, one from organized labor, and one from the general public. The term of each member of the Panel shall be one year, subject to reappointment. The chair of the Panel shall be elected from among its members by majority vote. (e) ECONOMIC ADJUSTMENT GRANTS AND BENEFIT PAYMENTS- The Commission shall distribute to communities and employees eligible under subsection (f) amounts from the special fund established in subsection (b) in the form of grants and benefit payments, including grants and benefit payments-- (1) to assist eligible communities to achieve economic diversity and diminish dependency on forest products from old growth forest on National Forest System Lands and public lands administered by the Bureau of Land Management; (2) to provide short- and longer-term retraining and adjustment assistance to eligible employees; (3) to supplement unemployment insurance benefits and extend income maintenance payments for eligible employees who exhaust eligibility for unemployment insurance benefits and who are enrolled in a bona fide training or education program, as determined by the Commission; (4) to provide base level health care insurance coverage for eligible employees, and their family members, who are enrolled in a bona fide training or education program, as determined by the Commission; and (5) to defray job search expenses and relocation expenses for eligible employees who the Commission determine cannot reasonably be expected to secure employment comparable to their previous employment in the commuting area in which the employees reside. (f) ELIGIBILITY FOR ECONOMIC ADJUSTMENT GRANTS OR BENEFITS PAYMENT- (1) FOREST DEPENDENT COMMUNITIES- A community shall be eligible for a grant or benefit payment under subsection (e) if that community is-- (A) economically dependent on a unit of the National Forest System or on public lands, as determined by the Secretaries; and (B) associated with a wood products plant which-- (i) closed or reduced its work force by 15 percent within two years before the date of the enactment of this Act and remains closed or continues with such reduction on that date; or (ii) closes or reduces its work force by 15 percent after the date of the enactment of this Act and remains in such condition for eight months after the date of closure or reduction in work force. (2) EMPLOYEES DEPENDENT ON FOREST INDUSTRY- An employee shall be eligible for a grant or benefit payment under subsection (e) if the employee-- (A) was in employment related to wood products or timber harvesting, was terminated or laid off from such employment within 2 years before the date of the enactment of this Act and is unemployed on that date; (B) is in employment related to wood products or timber harvesting, is terminated or laid off from such employment after the date of the enactment of this Act, and is unlikely to return to such employment within 39 weeks; or (C) is unemployed and was employed or self-employed in an occupation not directly related to wood products or timber harvesting in a community eligible for assistance under paragraph (1). (g) CONSULTATION- In determining under subsection (e) whether a community is economically dependent on a unit of the National Forest System or on public lands, the Commission shall consult with the Secretary of Agriculture, the Secretary of the Interior, the Secretary of Labor, the Secretary of Commerce, and the Panel. (h) NOTICE OF SECRETARIES- The Secretary of Agriculture and the Secretary of the Interior shall-- (1) provide timely information to the Commission on any Federal action with respect to managing the National Forest Lands and Public Lands which may have a substantial local or regional impact on employment; (2) where feasible, identify the location of the employment which will be affected by such Federal action; and (3) provide the Commission such other information concerning such Federal action as is available to the Secretaries and as the Commission may require. (i) COMMISSION REPORT- Not later than six months before the termination of the Commission, the Commission shall submit in writing to the Congress and the Governors of the States of California, Oregon, and Washington a report on the accomplishments of the Commission, the economic conditions of communities and employment in the region in which National Forest Lands and Public Lands are located, and any recommendations the Commission may have concerning such conditions. (j) TERMINATION OF COMMISSION AND PANEL- The Commission and Panel shall terminate six full fiscal years from the date of enactment of this Act. SEC. 403. FOREST PRODUCTIVITY INITIATIVE. (a) INITIATIVE- Within one year after the date of the enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior jointly shall establish a special initiative to improve the timber productivity on Federal, State, county, and private lands in counties that include communities eligible for grants or other assistance under section 402. (b) HIRING PREFERENCE- For the purpose of carrying out the initiative, the Secretaries shall develop a program to maximize employment opportunities for displaced employees described in section 402(f)(2). (c) COMPONENTS OF INITIATIVE- The initiative shall include the following components: (1) Improved wood utilization through the training of loggers, millowners, and landowners on more efficient harvesting methods. (2) Improved wood utilization by sawmills by providing assistance in implementing the latest lumber production and drying technologies, for the purpose of creating job opportunities. (3) Improved wood utilization by plywood plants and veneer mills through technical assistance to help them convert to the latest technologies, for the purpose of creating job opportunities. (4) Timber stand improvement on Federal and non-Federal forest lands. (5) Tree planting on Federal and non-Federal forest lands. (6) Increase opportunities for value-added manu-facturing through the transfer of appropriate technology. SEC. 404. FORESTRY INCENTIVES FOR PRIVATE FOREST LANDS. Section 4(j) of the Cooperative Forest Assistance Act of 1978 (16 U.S.C. 2103(j)) is amended-- (1) by inserting `(1)' after `(j)'; and (2) by adding at the end the following new paragraph: `(2) Of the amounts appropriated pursuant to this subsection, not less than $1,500,000 shall be made available for assistance under this section in each of the States of California, Oregon, and Washington for planning, reforestation, and timber stand improvement practices to further second growth management of timber resources to offset the expected decline in timber harvests from Federal lands as a result of listing the northern spotted owl as a threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). Assistance under this paragraph shall be concentrated in those counties containing northern spotted owl forests, as defined in section 102(1) of the Northwest Forest Protection and Community Stability Act of 1991.'. SEC. 405. EXPANSION OF KNUTSON-VANDENBERG ACT. (a) REMOVAL OF LIMITATION OF REFORESTATION ACTIVITIES TO SALE AREAS- Section 3 of the Act of June 9, 1930 (16 U.S.C. 576b) is amended-- (1) in paragraph (3), by striking out `, on the national-forest land cut over by the purchaser,'; and (2) in paragraph (4), by striking out `on such sale area'. (b) REFORESTATION OF BLM LANDS- Such section is further amended-- (1) by striking out `SEC. 3.' and inserting in lieu thereof the following: `SEC. 3. REFORESTATION PAYMENTS BY PURCHASERS OF FEDERAL TIMBER. `(a) NATIONAL FORESTS- '; and (2) by adding at the end the following new subsection: `(b) BLM LANDS- With respect to the lands administered by the Secretary of the Interior through the Bureau of Land Management, subsection (a) shall apply to those lands in the same manner and to the same extent as that subsection applies with respect to national forest lands.'. TITLE V--MISCELLANEOUS PROVISIONS SEC. 501. ORGANIZATIONAL STUDY OF FOREST SERVICE. In recognition of the 100th Anniversary of the founding of the Forest Service and the changes now occurring in forest management, the Secretary shall conduct a study concerning the organization of the Forest Service and, based on the study, make such changes to the organizational structure of the Forest Service as may be necessary to meet future management challenges. SEC. 502. STEWARDSHIP INCENTIVE PROGRAM AMENDMENTS. Section 6 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103b)-- (1) in subsection (b)(4)(B)-- (A) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; and (B) by inserting after clause (vi) the following new clause: `(vii) the development and implementation of habitat conservation plans under section 10(a) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a));'; and (2) in subsection (f), by adding at the end the following new sentence: `Not less than 20 percent of funds appropriated for a fiscal year pursuant to this authorization of appropriations shall be allocated to carry out the Program in Regions 5 and 6 of the National Forest System.'. SEC. 503. NATIONAL ACADEMY OF SCIENCES MULTIDISCIPLINARY TASK FORCE TO REVIEW FISH AND WILDLIFE MANAGEMENT PROGRAMS. (a) ESTABLISHMENT- Not later than nine months after the date of the enactment of this Act, the National Academy of Sciences shall convene a multidisciplinary task force of independent scientists to conduct a review under this section of fish and wildlife management programs. (b) EFFECTIVENESS OF PROGRAMS- The task force shall review the fish and wildlife management programs of the major Federal management agencies to determine their effectiveness in maintaining healthy and diverse fish and wildlife populations on Federal lands. Such review shall include a discussion of-- (1) whether the fish and wildlife management requirements contained in the major Federal land and resource management laws are being fulfilled and are being integrated effectively to ensure management for long-term sustainable use of renewable natural resources; and (2) whether current policies and procedures are designed to ensure that important fish and wildlife species do not become listed as endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (c) DEVELOP MANAGEMENT STRATEGIES- As part of the review under subsection (b), the task force shall develop strategies to maintain fish and wildlife populations and habitat to avoid the number of species that become threatened species or endangered species. Such strategies shall include methodologies for identifying declining fish and wildlife populations, habitat, ecosystems, and natural communities. As part of such strategies, the task force shall prepare-- (1) a discussion of how to maximize the short- and long-term social, economic, and ecological benefits and minimize the social and economic cost of preserving declining fish and wildlife populations and habitat; (2) a discussion of the advantages, if any, that would occur under a ecosystem management approach to fish, wildlife, and habitat conservation; (3) a discussion of how to implement the strategies developed under this subsection, including the broader ecosystem management approach developed under paragraph (3), if such an approach is determined to be advantageous; and (4) a discussion of the need for any restructuring among or within respective Federal resource management agencies that may be necessary. (d) SPECIES APPROACH TO PROTECTION- As part of the review under subsection (b), the task force shall also review the strengths and weaknesses of the species-by-species approach taken under the Endangered Species Act of 1973, including a discussion of-- (1) how the term `species' should be defined for the purposes of that Act, whether evolutionary significance should be considered a key factor in that definition, and whether hybrids and discrete genetic units should be protected under that Act; (2) whether that Act has achieved it stated purpose of providing a means for protecting ecosystems that provide habitat for threatened species or endangered species; and (3) whether the stated purpose of that Act of protecting ecosystems of threatened species and endangered species has been effective in maintaining biological diversity within the designated critical habitat of those species. SEC. 504. TREATMENT OF COSTS. (a) EXCLUSION FROM TIMBER SALES ACCOUNTING- The costs incurred as a result of this Act and the amendments made by this Act shall not be considered for purposes of determining the revenues and direct and indirect costs of the timber sale program of the Forest Service or the Bureau of Land Management. (b) EMERGENCY FUNDING REQUIREMENTS- The provisions of (and amendments made by) this Act shall be treated as provisions designated as emergency requirements by the President and the Congress under section 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985. Any amount of new budget authority, outlays, or receipts resulting from the provisions of (and amendments made by) this Act shall not be considered for any purpose under the Balanced Budget and Emergency Deficit Control Act of 1985.
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the House Committee on Interior and Insular Affairs.
Referred to the House Committee on Merchant Marine and Fisheries.
Executive Comment Requested from USDA, Interior, EPA.
Referred to the Subcommittee on Fisheries and Wildlife Conservation and the Environment.
Referred to the Subcommittee on National Parks and Public Lands.
Referred to the Subcommittee on Forests, Family Farms, and Energy.
Executive Comment Requested from USDA.
Executive Comment Requested from USDA, Interior.
See H.R.4899.
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