Clearwater Basin Project Act

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 433 Introduced in Senate (IS)]

108th CONGRESS
1st Session
S. 433

To provide for enhanced collaborative forest stewardship management
within the Clearwater and Nez Perce National Forests in Idaho, and for
other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

February 25, 2003

Mr. Craig introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

A BILL

To provide for enhanced collaborative forest stewardship management
within the Clearwater and Nez Perce National Forests in Idaho, and for
other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Clearwater Basin Project Act''.

SEC. 2. DEFINITIONS.

(a) Definitions.--In this Act:
(1) Advisory panel.--The term ``advisory panel'' means the
Clearwater Advisory Panel, established by the Secretary under
section 3.
(2) Pilot project.--The term ``pilot project'' means the
Clearwater Basin Pilot Project authorized by section 4.
(3) Pilot project area.--The term ``pilot project area''
means the area described in section 4(a) in which the pilot
project will be conducted.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Stewardship contract.--The term ``stewardship
contract'' means a contract to achieve land management goals
for National Forest System lands as described in section 347 of
the Department of Interior and Related Agencies Appropriations
Act, 1999 (16 U.S.C. 2104 note).
(6) Stewardship objectives.--The term ``stewardship
objectives'' means objectives that enhance forest ecosystems,
and restore and improve land health water quality such as--
(A) road, trail, and infrastructure maintenance or
obliteration;
(B) soil productivity improvement;
(C) improvements in forest ecosystem health;
(D) watershed restoration and maintenance;
(E) restoration, maintenance and improvement of
wildlife and fish habitat;
(F) control of noxious weeds; and
(G) reestablishment of native species.

SEC. 3. CLEARWATER ADVISORY PANEL.

(a) Establishment and Purpose.--The Secretary shall establish an
advisory group, to be known as the ``Clearwater Advisory Panel'', for
the purpose of improving collaborative relationships and providing
advice and recommendations to the Forest Service regarding the
Clearwater Basin pilot project and activities under the pilot project,
as authorized by and consistent with this Act.
(b) Duties.--The advisory panel shall--
(1) review and make recommendations to the Forest Service
regarding activities proposed for high priority implementation
as part of the pilot project;
(2) provide early and continuous coordination with
appropriate Forest Service and other agency officials in
reviewing and recommending activities for high priority
implementation; and
(3) provide frequent opportunities for citizens,
organizations, tribes, agencies, and other interested parties
to participate in all stages of the activity schedule
development process.
(c) Appointment of Members.--
(1) Appointment and term.--No later than 90 days after the
date of enactment of this Act, and consistent with subsection
(d), the Secretary shall appoint the members of the advisory
panel and each member shall serve without compensation for a
term of three years beginning on the date of appointment. The
Secretary may reappoint members to subsequent three-year terms.
(2) Vacancies.--The Secretary shall make appointments to
fill vacancies on the advisory panel as soon as practicable
after the vacancy has occurred.
(d) Composition of Advisory Panel.--The advisory panel shall
be comprised of 15 members who shall be representative of the interests
of the following categories:
(1) Category i.--
(A) organized labor;
(B) developed outdoor recreation, off highway
vehicle users, or commercial recreation activities;
(C) energy and mineral development interests;
(D) commercial timber industry; and
(E) Federal grazing permit holders, or other land
use permit holders within the pilot project area.
(2) Category ii.--
(A) national environmental organizations;
(B) regional or local environmental organizations;
(C) dispersed recreational activities;
(D) archaeological and historical interests; and
(E) national or regional fish and wildlife interest
groups.
(3) Category iii.--
(A) State elected officeholders or their designee;
(B) county or local elected officeholders;
(C) Indian Tribes within or adjacent to the pilot
project area;
(D) school officials or teachers; and
(E) the affected public at large.
(4) Balanced representation.--The Secretary shall provide
for balanced representation from among the categories described
in paragraphs (1), (2), and (3).
(5) Geographic distribution.--The members of the advisory
panel shall reside within the State of Idaho, and to the extent
practicable, within or adjacent to the pilot project area.
(e) Approval Procedures.--
(1) Establishment.--Subject to paragraph (2) and the other
requirements of this Act, the advisory panel shall establish
procedures for proposing, developing, and reviewing activities
and schedules for recommendation to the Forest Service for
approval and implementation under the pilot project. A majority
must be present to constitute an official meeting of the
advisory panel.
(2) Majority vote.--An activity or schedule may be
recommended by the advisory panel to the applicable Forest
Supervisor for approval and implementation under the pilot
program if it is approved by a majority of the advisory panel
members from each of the three categories described in
subsection (d).
(f) Other Authorities and Requirements.--
(1) Chairperson.--A majority of the advisory panel shall
select a chairperson.
(2) Staff assistance.--The Secretary may provide staff
assistance to the advisory panel from employees under the
jurisdiction of the Secretary.
(3) Meetings.--All meetings of the advisory panel shall be
announced at least one week in advance in a local newspaper of
record and shall be open to the public. Records of the meetings
shall be retained and made available for public inspection.

SEC. 4 CLEARWATER BASIN PILOT PROJECT.

(a) Pilot Project Authorized.--The Secretary may conduct a pilot
project under this section, to be known as the ``Clearwater Basin pilot
project'', on those National Forest System land encompassed by the
North Fork, Powell, and Lochsa Ranger Districts of the Clearwater
National Forest in the State of Idaho, and the Red River/Elk City,
Moose Creek and Clearwater Ranger Districts of the Nez Perce National
Forest in the State of Idaho.
(b) Role of Advisory Panel.--The advisory panel shall review and
recommend activities for high priority implementation of stewardship
objectives within the pilot project area, for which funding is
authorized under this Act or other laws.
(c) Stewardship Contracts.--A total of three stewardship contracts
are authorized for recommendation by the advisory panel and for
approval and implementation in accordance with, and to achieve the
purposes of, the pilot project. These contracts are in addition to any
stewardship contracts authorized under any other law.
(d) Activity Schedules.--
(1) Development.--Within two years after the date of the
enactment of this Act, the advisory panel shall develop and
submit for Forest Supervisor review schedules of high priority
activities to be commenced within the pilot project area for
the ensuing five-year period. Separate schedules shall be developed for
the Clearwater National Forest portion of the pilot project area.
Thereafter, the advisory panel shall develop and submit in advance
schedules for subsequent five-year periods.
(2) Consultation.--The advisory panel shall develop each
five-year schedule in consultation with, and with technical
assistance from, the applicable Forest Supervisor and the Nez
Perce Tribe. The Forest Service shall ensure that the
activities in the schedules are consistent with treaty and any
other obligations to the Tribe.
(3) Content.--Each five-year schedule shall be in
sufficient detail to describe the high priority activities to
be conducted in the pilot project area over the five-year
period and the timing for their implementation, and to allow
reasonable site-specific, project-level evaluation of their
environmental effects. The scope of the activities included in
each schedule shall be reasonably adjusted to the extent that
the advisory panel and applicable Forest Supervisor determine
necessary to allow such evaluation to be completed within the
time periods provided by this Act.
(4) Consistency with forest plan.--The activities included
within the five-year schedules shall be consistent with the
applicable forest land and resource management plan. The
schedule may include any amendment of the applicable forest
land and resource management plan that the advisory panel
recommends or that the applicable Forest Supervisor determines
is necessary to allow or facilitate implementation of one or
more activities in the schedule.
(f) NEPA Requirements and Related Procedures.--
(1) Process.--The Forest Service shall conduct any
applicable procedures under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) for the approval of the
activities in each five-year schedule, tiered to the
environmental impact statement for the applicable forest land
and resource management plan. The procedures under such Act,
and any review, consultation, or coordination under other laws,
including the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.), Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) and National Historic
Preservation Act (16 U.S.C. 470), shall be completed within one
year after the Forest Service, in consultation with the North
Central Idaho resource advisory committee, issues the public
scoping notice regarding the proposed schedule.
(2) Resources.--The Forest Service, and any other Federal
agencies involved in the process described in paragraph (1),
shall provide sufficient personnel and other resources,
directly or through contracting, to complete the review,
consultation, or coordination within the required one-year
period, and without substantially delaying implementation of
other forest management activities in Region 1 of the Forest
Service. The Forest Service and other involved agencies may
rely upon or use any analysis, documents, or procedures
previously performed under the National Environmental Policy
Act of 1969 or other law for any activity in the schedule.
(3) Effect of failure to complete process.--If any review,
consultation, or coordination required under the National
Environmental Policy Act of 1969 or other law has not been
completed for a schedule within the required one-year period,
the lack of completion shall not be a basis for challenging or
delaying submittal, approval, or implementation of an activity
in the schedule, if the applicable Forest Supervisor, in
consultation with the advisory panel, finds that sufficient
review, consultation, and coordination regarding the activity
has occurred and a sufficient record exists to make a reasoned
decision regarding approval of the activity.
(g) Review by Forest Supervisor.--
(1) Submission.--The advisory panel shall submit a final
recommendation regarding each five-year schedule, together with
the record of the review, consultation, and coordination
performed under subsection (f) for the schedule, to the
applicable Forest Supervisor for review. The final
recommendation and record shall be submitted to the Forest
Supervisor at least 30 days in advance of the date for
commencing implementation of activities under the schedule.
(2) Review.--Within 30 days after receiving the schedule
and record from the advisory panel, the Forest Supervisor shall
issue a project or activity decision document regarding review
of the recommended schedule in accordance with the National
Environmental Policy Act of 1969 and any other applicable
procedures. In the decision document, the Forest Supervisor may
approve the schedule, or disapprove the schedule and return it
to the advisory panel for further consideration with
instructions. If the Forest Supervisor has not issued a
decision document upon expiration of the 30-day period, the schedule
shall be deemed approved by the Forest Supervisor and subject to
administrative appeal under Department of Agriculture procedures
applicable to Forest Service project or activity record of decision or
decision notice documents issued pursuant to the National Environmental
Policy Act of 1969.
(h) Implementation.--Upon approval of the schedule, but subject to
any stay that may be in effect pursuant to Forest Service project or
activity administrative appeal procedures, the Forest Service may issue
any permits, contracts, or other authorizations for activities in the
schedule without further review, consultation, or coordination under
the National Environmental Policy Act of 1969 or other laws.
(i) Activities Not Included in a 5-Year Schedule; Amendment of
Schedule.--An activity that the advisory panel determines should
proceed in advance of approval of the first five-year schedule, or an
activity in the pilot project area that is not included in a five-year
schedule, may be approved and implemented on an individual or group
basis, upon completing the process and requirements for review and
approval of a five-year schedule. A five-year schedule may be amended
upon completed the process and requirements for review and approval of
the schedule.
(j) Relation to Other Schedules, Plans, and Activities.--The five-
year schedules and activities authorized under the pilot project shall
supplement other schedules plans and projects or other activities
authorized and implemented under other law. Upon advisory panel
recommendation and applicable Forest Supervisor approval, an activity
that is included in another schedule or plan or proposed, authorized,
or funded under other law may be authorized and implemented as an
activity under the pilot project, if the activity meets the
requirements of this section for implementation as a high priority
activity.

SEC. 5. MONITORING AND REPORTING REQUIREMENTS.

(a) Report on Applicable Rules and Regulations.--The advisory panel
may submit to the Secretary, the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House of
Representatives a compilation of regulations applicable to the pilot
project that the advisory panel determines are inappropriate for the
pilot project, incompatible with the pilot project, or unduly
burdensome in conducting the pilot project.
(b) Monitoring; Annual Report on the Project.--The Secretary shall
monitor the activities and achievement in the pilot project area under
the pilot project. Not later than two years after the date of the
enactment of this Act, and each year thereafter during the pilot
project, the Secretary shall submit a report to the Committee on Energy
and Natural Resources of the Senate and the Committee on Resources of
the House of Representatives on the results of such monitoring,
including detailed information on the sources and uses of funds and the
status, outputs, and other results accomplished for each activity
recommended for priority implementation by the advisory panel under the
pilot project.
(c) State of Idaho Report.--The Secretary shall request the State
of Idaho, through the University of Idaho College of Natural Resource
or other source, to prepare a report reviewing the activities and
achievements of the pilot project in the pilot project area. The
Secretary shall request the State to prepare and submit the report at
five-year intervals to the Secretary, the Committee on Energy and
Natural Resources of the Senate, and the Committee on Resources of the
House of Representatives. The requested report should include an
assessment of whether, and to what extent, the activities conducted
under the pilot project are meeting or enhancing the accomplishment of
stewardship objectives.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary, through fiscal year 2012, such sums as
may be necessary for the following purposes:
(1) Developing, submitting, reviewing, and implementing
five-year schedules and priority activities under the pilot
project, including the stewardship contracts authorized by this
Act.
(2) Other advisory panel activities and technical
assistance to the advisory panel for the purposes of the pilot
project.
(3) Monitoring and reporting requirements under section 5.
(4) Such other actions as are necessary to implement this
Act.
(b) Availability.--Amount appropriated for the purposes specified
in subsection (a) shall remain available until expended.
(c) Treatment of Receipts.--Notwithstanding the Secure Rural
Schools and Community Self-Determination Act of 2000 (Public Law 106-
393; 16 U.S.C. 500 note), any moneys received by the Forest Service
from activities approved and implemented under the pilot project shall
be distributed in accordance with the sixth paragraph under the heading
``Forest Service'' in the Act of May 23, 1908 (16 U.S.C. 500).

SEC. 7. SEVERABILITY.

If any provisions of this Act or the application of this Act to any
person or circumstances is held to be invalid, the validity of the
remainder of this Act and of the application of such provision to other
persons and circumstances shall not be affected.
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