Post by mitcharmour on Dec 23, 2005 19:15:44 GMT -5
In the House of Representatives, Representative Mitch Armour,for himself, offers...
A BILL
National Forest ,Protection and Restoration Act
Purpose: To save taxpayers money, reduce the deficit, cut corporate welfare, protect communities from wildfires, encourage Federal land management agency reform and accountability, and protect and restore America's natural heritage by eliminating the fiscally wasteful and ecologically destructive commercial logging program on Federal public lands, restoring native biodiversity in our Federal public forests, and facilitating the economic recovery and diversification of communities affected by the Federal logging program.
Be it enacted by the Senate and House of Representatives,
SECTION 1. SHORT TITLE.
(a) Short Title- This Act may be cited as the `National Forest ,Protection and Restoration Act'.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) AGENCIES- The term `agencies' means the Forest Service, the National Park Service, the Bureau of Land Management, and the United States Fish and Wildlife Service.
(2) COMMERCIAL LOGGING -
(A) IN GENERAL- The term `commercial logging' means--
(i) the sale of timber;
(ii) the execution of a timber sale; or
(iii) any other transfer of timber or biomass to an individual, company, corporation, or other entity, which then offers the transferred timber or biomass, or any product produced from that timber or biomass, for sale or uses the transferred timber or biomass for other commercial purposes.
(3) FEDERAL PUBLIC LANDS- The term `Federal public lands' means--
(A) all lands in the United States included in the National Forest System;
(B) all lands in the United States included in the National Wildlife Refuge System;
© all lands in the United States included in the National Park System; and
(D) all lands under the jurisdiction of the Bureau of Land Management.
(4) NATIVE BIODIVERSITY-
(A) IN GENERAL- The term `native biodiversity' means--
(i) the full range of variety and variability within and among living organisms; and
(ii) the ecological complexes in which the living organisms would have occurred in the absence of significant human impact.
(5) LATE-SUCCESSIONAL/OLD GROWTH FOREST- The term `late-successional/old growth forest' refers to any stand of forest within the boundaries of a timber sale that may contain trees that exceed 80 years in age.
(6) ROADLESS AREA- The term `roadless area' means each of the following:
(A) Any inventoried roadless area.
(B) Any area of at least 1,000 contiguous acres meeting Forest Service road density guidelines.
© Any area of less than 1,000 contiguous acres meeting Forest Service road density guidelines, if the area is adjacent to a unit of the National Wilderness Preservation System, a unit of the National Park System, an inventories roadless area, or a designated Wilderness Study Area.
(7) TIMBER SALE-
(A) IN GENERAL- The term `timber sale' means--
(i) the sale of timber;
(ii) the offering of timber for sale or consideration; or
(iii) any other transfer of timber or biomass to an individual, company, corporation, or other entity, which then offers the transferred timber or biomass, or any product produced from that timber or biomass, for sale or uses the transferred timber or biomass for other commercial purposes.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Polls conducted by the Forest Service show that a strong majority of the American people think that natural resources on Federal public lands should not be made available to produce consumer goods.
(2) The 1995 Forest Service draft report entitled `Forest Service Program for Forest and Rangeland Resources: A Long-Term Strategic Plan' shows that recreation and tourism in the National Forest System creates over 30 times more jobs, and generates over 30 times more income, than commercial logging on national forests.
(3) According to Forest Service figures, timber cut from Federal public lands comprises less than five percent of the annual timber consumption of the United States.
(4) The vast majority of America's original pristine forests have been logged, and what little primary forest that remains exists almost entirely on public lands.
(5) The ecological crisis resulting from this severe habitat loss and fragmentation of American forests requires bold action to protect this Nation's natural heritage so that pristine forests may remain pristine, and damaged forests may have an opportunity to recover.
(6) It is in the interests of the American people and the international community to protect and restore native biodiversity in our Federal public lands for its inherent benefits, the resulting economic benefits, and for the protection of this natural heritage for current and future generations.
(7) The 1995 report of the Comptroller General regarding distribution of Forest Service timber sales receipts (GAO/RCED-95-237FS) and the 1998 follow-up report (GAO/RCED-99-24) reveal that, of the hundreds of millions of dollars of taxpayer money that is annually expended on the Forest Service timber sales program, only a small fraction finds its way back to the Federal Treasury, resulting in an enormous net loss to taxpayers.
(8) In September 2001, the General Accounting Office stated that it was `impractical, if not impossible, for us or anyone to accurately determine the Forest Service's timber sales program cost.' (GAO-01-1101R Forest Service Timber Costs), and this lack of accurate accounting results in waste and abuse of taxpayer funds and natural resources.
(9) Forests absorb rainfall, retard stream runoff, reduce floods, increase slope stability, and retain topsoil, and retard soil erosion and siltation in streams, irrigation ditches, and reservoirs.
(10) Commercial logging has many indirect costs which are very significant, but not easily measured, such as flooding damage and relief of flooding damage through Federal funds, damage to the salmon fishing industry; and harm to the recreation and tourism industries.
(11) A congressionally commissioned scientific study of the Sierra Nevada forests found that more than any other human activity, commercial logging has increased the risk and severity of fires by removing the cooling shade of trees and leaving flammable debris (see Sierra Nevada Ecosystem Project Final Report to Congress, Vol. 1, Assessment Summaries and Management Strategies, 1996).
(12) Forest Service studies have confirmed the finding that logging , including both thinning and clearcutting, increases fire severity (United States Forest Service, Historical and Current Forest Landscapes in Eastern Oregon and Washington, Part II: Linking Vegetation Characteristics to Potential Fire Behavior and Related Smoke Production, PNW-GTR-355, p. 22 (1995); United States Forest Service, Integrated Scientific Assessment for Ecosystem Management in Interior Columbia Basin, PNW-GTR-382, p. 61 (1996)).
(13) The Forest Service's chief fire specialist has stated that the material that needs to be reduced to prevent unnaturally severe forest fires is underbrush that is less than two or three inches in diameter, not mature trees (Washington Journal, C-SPAN, Aug. 10, 2000).
(14) The Forest Service's own fire research station found that the only effective way to protect homes in the urban/wildland interface from forest fires is to reduce the flammability of the home itself and its immediate surroundings within 40 meters, not engage in logging activities on Federal public lands (Jack Cohen, Reducing the Wildland Fire Threat to Homes: where and how much?, United States Forest Service, Fire Sciences Laboratory, Rocky Mountain Research Station, Missoula, Montana, report presented at the Fire Economics, Policy and Planning: Bottom Line Symposium, April 5-9, 1999, San Diego, California).
(15) It is in the interests of the American people to protect watersheds on Federal public lands in order to prevent potentially damaging and deadly floods.
SEC. 4. PROHIBITION ON TIMBER SALES TO PROTECT FEDERAL PUBLIC LANDS.
(a) Prohibition on New Timber Sales- Notwithstanding any other provision of law, effective as of the date of the enactment of this Act, no timber sales shall be prepared, advertised, offered, or awarded on Federal public lands and, except as provided in section 5, no commercial logging shall occur on Federal public lands.
(b) Exceptions- The use of forest materials for noncommercial use, including personal-use permits under the personal use component of the forest management program of the Forest Service or an equivalent program of the Bureau of Land Management, the National Park Service, or the United States Fish and Wildlife Service, to the extent allowed under existing law, is not prohibited by subsection (a), but any such use of forest materials for noncommercial use must be consistent with section 7, including subsection (k) of such section.
© Native American Tribes- Nothing contained in this Act shall be construed to modify, amend, or breach any treaty in existence on the date of enactment of this Act with any Native American tribe.
SEC. 5. EFFECT OF PROHIBITION ON EXISTING TIMBER SALE CONTRACTS.
(a) Remaining Salvage Rider Sales- Notwithstanding any outstanding judicial order or administrative proceeding interpreting section 2001 of Public Law 104-19 (109 Stat. 240; 16 U.S.C. 1611 note), the Secretary of Agriculture and the Secretary of the Interior shall immediately suspend each timber sale or activity that was being undertaken in whole or in part under the authority provided in such section.
(b) Roadless Areas and Late-Successional/Old Growth Forests- Notwithstanding any other provision of law, the Secretary of Agriculture and the Secretary of the Interior shall immediately suspend each timber sale in any roadless area or late-successional/old growth forest on Federal public lands.
© Phase-Out Period Authorized- There shall be a 2-year period to phase out those timber sale contracts in existence as of the date of the enactment of this Act. The phase-out period shall begin on the date of the enactment of this Act. Any remaining timber sales on Federal public lands shall be automatically suspended upon the expiration of the phase-out period. Notwithstanding any other provision of law, no commercial logging shall occur anywhere on Federal public lands after the end of the phase-out period.
(d) Early Termination- For all timber sales suspended under subsection (a), subsection (b), and subsection © of this subsection, the Secretary concerned shall--
(1) exercise any provision of the original contract that authorizes termination and payment of specified damages; or
(2) terminate the contract to avoid adverse effects on the environment or natural resources.
(e) Payment for Timber Sale Contracts Relinquished- Any claim, whether as a result of a judgment or an agreement against the Federal Government, arising from termination of any timber sale contract under subsection (d) of this subsection, may be--
(1) paid from funds made available under section 1304 of title 31, United States Code, and shall not require reimbursement under section 13© of the Contract Disputes Act of 1978 (41 U.S.C. 612©);
(2) offset by forgiveness of a Federal Government loan or loan guarantee;
(3) paid through funds appropriated for the purpose; or
(4) paid through the transfer of funds from Forest Service or Bureau of Land Management accounts for forest management, road construction, or general administration for such purposes.
(f) Disputes- Any claim by a purchaser against the Federal Government relating to a contract terminated under this section shall be subject to the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Calculation of Taxpayer Losses From Logging - The Secretary of Agriculture, in consultation with the Secretary of the Interior, shall determine the average amount of Federal funds appropriated annually from the General Fund of the Treasury over the five fiscal years immediately preceding the date of the enactment of this Act for commercial logging and commercial logging -related activities on Federal public lands. In making this determination, the Secretary shall include amounts expended for the following, using estimates when necessary:
(1) Timber sales management.
(2) Forest-land vegetation management.
(3) Land management planning, inventory, and monitoring related to commercial logging .
(4) Research related to commercial logging .
(5) The portion of the forest roads and road maintenance program related to commercial logging .
(6) General administration expenses related to commercial logging .
(7) Landline location related to commercial logging .
(8) Law enforcement related to commercial logging .
(9) The portion of the forest fire fighting and prevention program related to commercial logging .
(10) The portion of any other activities related to commercial logging .
(b) Authorization- There are authorized to be appropriated such sums as may be necessary to carry out this Act in the fiscal years beginning after the date of the enactment of this Act, but not to exceed for any fiscal year two-thirds of the amount calculated in subsection (a) as the taxpayer losses from logging .
© Administrative Expenses- Not more than ten percent of the funds appropriated or allocated to carry out section 7 may be reserved for the administration of activities authorized under those sections.
SEC. 7. NATURAL HERITAGE RESTORATION.
(a) General Requirement- Notwithstanding any other provision of law, agency projects or programs to restore biological diversity and ecological processes on Federal public lands shall be carried out in a manner consistent with this section and shall be integrated into the program established by this section.
(b) Purposes and Basic Management Requirements-
(1) GENERAL PURPOSES- The purpose of this section is to protect and restore the natural heritage of the Federal public lands through the restoration of native biodiversity and natural ecological complexes and processes.
SEC. 8. ENACTMENT
(a) 30 days upon passage from both the Senate and the House of Representative, and upon signature of the President
A BILL
National Forest ,Protection and Restoration Act
Purpose: To save taxpayers money, reduce the deficit, cut corporate welfare, protect communities from wildfires, encourage Federal land management agency reform and accountability, and protect and restore America's natural heritage by eliminating the fiscally wasteful and ecologically destructive commercial logging program on Federal public lands, restoring native biodiversity in our Federal public forests, and facilitating the economic recovery and diversification of communities affected by the Federal logging program.
Be it enacted by the Senate and House of Representatives,
SECTION 1. SHORT TITLE.
(a) Short Title- This Act may be cited as the `National Forest ,Protection and Restoration Act'.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) AGENCIES- The term `agencies' means the Forest Service, the National Park Service, the Bureau of Land Management, and the United States Fish and Wildlife Service.
(2) COMMERCIAL LOGGING -
(A) IN GENERAL- The term `commercial logging' means--
(i) the sale of timber;
(ii) the execution of a timber sale; or
(iii) any other transfer of timber or biomass to an individual, company, corporation, or other entity, which then offers the transferred timber or biomass, or any product produced from that timber or biomass, for sale or uses the transferred timber or biomass for other commercial purposes.
(3) FEDERAL PUBLIC LANDS- The term `Federal public lands' means--
(A) all lands in the United States included in the National Forest System;
(B) all lands in the United States included in the National Wildlife Refuge System;
© all lands in the United States included in the National Park System; and
(D) all lands under the jurisdiction of the Bureau of Land Management.
(4) NATIVE BIODIVERSITY-
(A) IN GENERAL- The term `native biodiversity' means--
(i) the full range of variety and variability within and among living organisms; and
(ii) the ecological complexes in which the living organisms would have occurred in the absence of significant human impact.
(5) LATE-SUCCESSIONAL/OLD GROWTH FOREST- The term `late-successional/old growth forest' refers to any stand of forest within the boundaries of a timber sale that may contain trees that exceed 80 years in age.
(6) ROADLESS AREA- The term `roadless area' means each of the following:
(A) Any inventoried roadless area.
(B) Any area of at least 1,000 contiguous acres meeting Forest Service road density guidelines.
© Any area of less than 1,000 contiguous acres meeting Forest Service road density guidelines, if the area is adjacent to a unit of the National Wilderness Preservation System, a unit of the National Park System, an inventories roadless area, or a designated Wilderness Study Area.
(7) TIMBER SALE-
(A) IN GENERAL- The term `timber sale' means--
(i) the sale of timber;
(ii) the offering of timber for sale or consideration; or
(iii) any other transfer of timber or biomass to an individual, company, corporation, or other entity, which then offers the transferred timber or biomass, or any product produced from that timber or biomass, for sale or uses the transferred timber or biomass for other commercial purposes.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Polls conducted by the Forest Service show that a strong majority of the American people think that natural resources on Federal public lands should not be made available to produce consumer goods.
(2) The 1995 Forest Service draft report entitled `Forest Service Program for Forest and Rangeland Resources: A Long-Term Strategic Plan' shows that recreation and tourism in the National Forest System creates over 30 times more jobs, and generates over 30 times more income, than commercial logging on national forests.
(3) According to Forest Service figures, timber cut from Federal public lands comprises less than five percent of the annual timber consumption of the United States.
(4) The vast majority of America's original pristine forests have been logged, and what little primary forest that remains exists almost entirely on public lands.
(5) The ecological crisis resulting from this severe habitat loss and fragmentation of American forests requires bold action to protect this Nation's natural heritage so that pristine forests may remain pristine, and damaged forests may have an opportunity to recover.
(6) It is in the interests of the American people and the international community to protect and restore native biodiversity in our Federal public lands for its inherent benefits, the resulting economic benefits, and for the protection of this natural heritage for current and future generations.
(7) The 1995 report of the Comptroller General regarding distribution of Forest Service timber sales receipts (GAO/RCED-95-237FS) and the 1998 follow-up report (GAO/RCED-99-24) reveal that, of the hundreds of millions of dollars of taxpayer money that is annually expended on the Forest Service timber sales program, only a small fraction finds its way back to the Federal Treasury, resulting in an enormous net loss to taxpayers.
(8) In September 2001, the General Accounting Office stated that it was `impractical, if not impossible, for us or anyone to accurately determine the Forest Service's timber sales program cost.' (GAO-01-1101R Forest Service Timber Costs), and this lack of accurate accounting results in waste and abuse of taxpayer funds and natural resources.
(9) Forests absorb rainfall, retard stream runoff, reduce floods, increase slope stability, and retain topsoil, and retard soil erosion and siltation in streams, irrigation ditches, and reservoirs.
(10) Commercial logging has many indirect costs which are very significant, but not easily measured, such as flooding damage and relief of flooding damage through Federal funds, damage to the salmon fishing industry; and harm to the recreation and tourism industries.
(11) A congressionally commissioned scientific study of the Sierra Nevada forests found that more than any other human activity, commercial logging has increased the risk and severity of fires by removing the cooling shade of trees and leaving flammable debris (see Sierra Nevada Ecosystem Project Final Report to Congress, Vol. 1, Assessment Summaries and Management Strategies, 1996).
(12) Forest Service studies have confirmed the finding that logging , including both thinning and clearcutting, increases fire severity (United States Forest Service, Historical and Current Forest Landscapes in Eastern Oregon and Washington, Part II: Linking Vegetation Characteristics to Potential Fire Behavior and Related Smoke Production, PNW-GTR-355, p. 22 (1995); United States Forest Service, Integrated Scientific Assessment for Ecosystem Management in Interior Columbia Basin, PNW-GTR-382, p. 61 (1996)).
(13) The Forest Service's chief fire specialist has stated that the material that needs to be reduced to prevent unnaturally severe forest fires is underbrush that is less than two or three inches in diameter, not mature trees (Washington Journal, C-SPAN, Aug. 10, 2000).
(14) The Forest Service's own fire research station found that the only effective way to protect homes in the urban/wildland interface from forest fires is to reduce the flammability of the home itself and its immediate surroundings within 40 meters, not engage in logging activities on Federal public lands (Jack Cohen, Reducing the Wildland Fire Threat to Homes: where and how much?, United States Forest Service, Fire Sciences Laboratory, Rocky Mountain Research Station, Missoula, Montana, report presented at the Fire Economics, Policy and Planning: Bottom Line Symposium, April 5-9, 1999, San Diego, California).
(15) It is in the interests of the American people to protect watersheds on Federal public lands in order to prevent potentially damaging and deadly floods.
SEC. 4. PROHIBITION ON TIMBER SALES TO PROTECT FEDERAL PUBLIC LANDS.
(a) Prohibition on New Timber Sales- Notwithstanding any other provision of law, effective as of the date of the enactment of this Act, no timber sales shall be prepared, advertised, offered, or awarded on Federal public lands and, except as provided in section 5, no commercial logging shall occur on Federal public lands.
(b) Exceptions- The use of forest materials for noncommercial use, including personal-use permits under the personal use component of the forest management program of the Forest Service or an equivalent program of the Bureau of Land Management, the National Park Service, or the United States Fish and Wildlife Service, to the extent allowed under existing law, is not prohibited by subsection (a), but any such use of forest materials for noncommercial use must be consistent with section 7, including subsection (k) of such section.
© Native American Tribes- Nothing contained in this Act shall be construed to modify, amend, or breach any treaty in existence on the date of enactment of this Act with any Native American tribe.
SEC. 5. EFFECT OF PROHIBITION ON EXISTING TIMBER SALE CONTRACTS.
(a) Remaining Salvage Rider Sales- Notwithstanding any outstanding judicial order or administrative proceeding interpreting section 2001 of Public Law 104-19 (109 Stat. 240; 16 U.S.C. 1611 note), the Secretary of Agriculture and the Secretary of the Interior shall immediately suspend each timber sale or activity that was being undertaken in whole or in part under the authority provided in such section.
(b) Roadless Areas and Late-Successional/Old Growth Forests- Notwithstanding any other provision of law, the Secretary of Agriculture and the Secretary of the Interior shall immediately suspend each timber sale in any roadless area or late-successional/old growth forest on Federal public lands.
© Phase-Out Period Authorized- There shall be a 2-year period to phase out those timber sale contracts in existence as of the date of the enactment of this Act. The phase-out period shall begin on the date of the enactment of this Act. Any remaining timber sales on Federal public lands shall be automatically suspended upon the expiration of the phase-out period. Notwithstanding any other provision of law, no commercial logging shall occur anywhere on Federal public lands after the end of the phase-out period.
(d) Early Termination- For all timber sales suspended under subsection (a), subsection (b), and subsection © of this subsection, the Secretary concerned shall--
(1) exercise any provision of the original contract that authorizes termination and payment of specified damages; or
(2) terminate the contract to avoid adverse effects on the environment or natural resources.
(e) Payment for Timber Sale Contracts Relinquished- Any claim, whether as a result of a judgment or an agreement against the Federal Government, arising from termination of any timber sale contract under subsection (d) of this subsection, may be--
(1) paid from funds made available under section 1304 of title 31, United States Code, and shall not require reimbursement under section 13© of the Contract Disputes Act of 1978 (41 U.S.C. 612©);
(2) offset by forgiveness of a Federal Government loan or loan guarantee;
(3) paid through funds appropriated for the purpose; or
(4) paid through the transfer of funds from Forest Service or Bureau of Land Management accounts for forest management, road construction, or general administration for such purposes.
(f) Disputes- Any claim by a purchaser against the Federal Government relating to a contract terminated under this section shall be subject to the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Calculation of Taxpayer Losses From Logging - The Secretary of Agriculture, in consultation with the Secretary of the Interior, shall determine the average amount of Federal funds appropriated annually from the General Fund of the Treasury over the five fiscal years immediately preceding the date of the enactment of this Act for commercial logging and commercial logging -related activities on Federal public lands. In making this determination, the Secretary shall include amounts expended for the following, using estimates when necessary:
(1) Timber sales management.
(2) Forest-land vegetation management.
(3) Land management planning, inventory, and monitoring related to commercial logging .
(4) Research related to commercial logging .
(5) The portion of the forest roads and road maintenance program related to commercial logging .
(6) General administration expenses related to commercial logging .
(7) Landline location related to commercial logging .
(8) Law enforcement related to commercial logging .
(9) The portion of the forest fire fighting and prevention program related to commercial logging .
(10) The portion of any other activities related to commercial logging .
(b) Authorization- There are authorized to be appropriated such sums as may be necessary to carry out this Act in the fiscal years beginning after the date of the enactment of this Act, but not to exceed for any fiscal year two-thirds of the amount calculated in subsection (a) as the taxpayer losses from logging .
© Administrative Expenses- Not more than ten percent of the funds appropriated or allocated to carry out section 7 may be reserved for the administration of activities authorized under those sections.
SEC. 7. NATURAL HERITAGE RESTORATION.
(a) General Requirement- Notwithstanding any other provision of law, agency projects or programs to restore biological diversity and ecological processes on Federal public lands shall be carried out in a manner consistent with this section and shall be integrated into the program established by this section.
(b) Purposes and Basic Management Requirements-
(1) GENERAL PURPOSES- The purpose of this section is to protect and restore the natural heritage of the Federal public lands through the restoration of native biodiversity and natural ecological complexes and processes.
SEC. 8. ENACTMENT
(a) 30 days upon passage from both the Senate and the House of Representative, and upon signature of the President