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.
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).
Reported (Amended) by the Committee on Agriculture. H. Rept. 102-1039, Part I.
See H.R.4899.
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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