[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4200 Referred in Senate (RFS)]
109th CONGRESS
2d Session
H. R. 4200
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2006
Received; read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
AN ACT
To improve the ability of the Secretary of Agriculture and the
Secretary of the Interior to promptly implement recovery treatments in
response to catastrophic events affecting Federal lands under their
jurisdiction, including the removal of dead and damaged trees and the
implementation of reforestation treatments, to support the recovery of
non-Federal lands damaged by catastrophic events, to revitalize Forest
Service experimental forests, 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 AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as ``Forest Emergency
Recovery and Research Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--RESPONSE TO CATASTROPHIC EVENTS ON FEDERAL LANDS
Sec. 101. Development of research protocols and use in catastrophic
event research projects.
Sec. 102. Catastrophic event recovery evaluations.
Sec. 103. Compliance with National Environmental Policy Act.
Sec. 104. Availability and use of pre-approved management practices.
Sec. 105. Availability and use of emergency procedures.
Sec. 106. Administrative and judicial review.
Sec. 107. Guidance regarding reforestation in response to catastrophic
events.
Sec. 108. Effect of title.
Sec. 109. Standards for tree retention.
TITLE II--RESTORING LANDSCAPES AND COMMUNITIES IMPACTED BY CATASTROPHIC
EVENTS
Subtitle A--Cooperative Forestry Assistance Act of 1978
Sec. 201. Assistance under Cooperative Forestry Assistance Act of 1978
to restore landscapes and communities
affected by catastrophic events.
Subtitle B--Department of the Interior Assistance
Sec. 211. Restoring landscapes.
Sec. 212. Restoring communities.
TITLE III--EXPERIMENTAL FORESTS
Sec. 301. Findings.
Sec. 302. Availability and use of pre-approved management practices on
National Forest experimental forests.
Sec. 303. Limited consideration of alternatives for projects on
National Forest experimental forests.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Regulations.
Sec. 402. Dedicated source of funds for research and monitoring.
Sec. 403. Other funding sources.
Sec. 404. Effect of declaration of major disaster or emergency.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The number and severity of catastrophic events causing
resource damage to Federal land has significantly increased
over the last 20 years, and such catastrophic events also
create serious adverse environmental, social, and economic
consequences for Federal land and adjacent non-Federal land and
communities.
(2) Catastrophic events often devastate forest or rangeland
ecosystems and eliminate sources of seed for desired tree and
plant species, which--
(A) delays or even precludes the reestablishment of
appropriate forest or plant cover on millions of acres
of Federal land;
(B) increases the susceptibility of the damaged
land to wildfire and noxious or harmful species and
reduces the economic value of the damaged land's
resources;
(C) increases the susceptibility of adjacent
undamaged land to insect infestations, disease, and
noxious weeds;
(D) pollutes municipal water supplies and damages
water delivery infrastructure;
(E) exacerbates sediment production that adversely
impacts native fish habitat and soil productivity;
(F) results in unsafe campgrounds, trails, roads,
and other infrastructure; and
(G) adversely impacts the sustainability of
ecosystems and the well-being of adjacent communities.
(3) Program authorities and funding mechanisms currently
available to the Secretary of Agriculture and the Secretary of
the Interior to respond to catastrophic events on forested
Federal land do not provide for consistent and timely response
activities.
(4) The Council on Environmental Quality has approved on an
infrequent basis the use of alternative arrangements to respond
to catastrophic events on forested Federal land, but, when used
in the past, such alternative arrangements have encouraged
expedited and successful recovery outcomes.
(5) A prompt and standardized management response to a
catastrophic event, which is also adaptive to the unique
characteristics of each catastrophic event, is needed--
(A) to effectively recover the area damaged by the
catastrophic event,
(B) to minimize the impact on the resources of the
area and adjacent communities adversely affected by the
catastrophic event; and
(C) to recover damaged, but still merchantable,
material before it loses its economic value.
(6) Reforestation treatments on forested Federal land after
a catastrophic event helps to restore appropriate forest cover,
which provides multiple renewable resource benefits,
including--
(A) protecting soil and water resources;
(B) providing habitat for wildlife and fish;
(C) contributing to aesthetics and enhancing the
recreational experience for visitors;
(D) providing a future source of timber for
domestic use; and
(E) ensuring the health and resiliency of affected
ecosystems for present and future generations.
(7) According to the Comptroller General, the reforestation
backlog for Federal land has increased since 2000 as a result
of natural disturbances, such as wildland fires, insect
infestations, and diseases.
(8) Additional scientific and monitoring information is
needed regarding the effectiveness of recovery treatments to
improve subsequent recovery proposals in response to future
catastrophic events.
(9) State, tribal, and local governments, local
communities, and other entities play a critical role in
restoring landscapes damaged by a catastrophic event and in
reducing the risks associated with the catastrophic event.
(10) Greater resources and adaptive arrangements must be
made available to land managers to facilitate the prompt
implementation of recovery treatments, including reforestation,
following catastrophic events.
SEC. 3. DEFINITIONS.
In this Act:
(1) Burned area emergency response.--The term ``burned area
emergency response'' means the process used by the Secretary
concerned to plan and implement emergency stabilization actions
on Federal land in response to a catastrophic event in order to
minimize threats to life or property or to stabilize and
prevent unacceptable degradation to natural and cultural
resources resulting from the effects of the catastrophic event.
(2) Catastrophic event.--The term ``catastrophic event''
means any natural disaster or any fire, flood, or explosion,
regardless of cause, that the Secretary concerned determines
has caused or will cause damage of significant severity and
magnitude to Federal land or, in the case of title II, non-
Federal land. A natural disaster may include a hurricane,
tornado, windstorm, snow or ice storm, rain storm, high water,
wind-driven water, tidal wave, earthquake, volcanic eruption,
landslide, mudslide, drought, or insect or disease outbreak.
(3) Catastrophic event recovery.--The term ``catastrophic
event recovery'', with respect to an area of Federal land
damaged by a catastrophic event, means--
(A) if the catastrophic event involved fire, the
rehabilitation and restoration activities (other than
any emergency stabilization treatments undertaken as
part of the burned area emergency response) that are
undertaken on the damaged Federal land, including any
infrastructure or facilities thereon, in response to
the catastrophic event;
(B) if the catastrophic event did not involve fire,
the emergency stabilization and rehabilitation and
restoration activities that are undertaken on the
damaged Federal land, including infrastructure or
facilities thereon, in response to the catastrophic
event; or
(C) the reforestation or revegetation, consistent
with the applicable land and resource management plan,
of the damaged Federal land in response to the
catastrophic event using, to the extent practicable and
preferable, native or beneficial plants to avoid
creation of plantation forests and the recovery of
trees on the damaged Federal land, through the use of
timber harvesting and other appropriate methods of
forest regeneration.
(4) Catastrophic event recovery evaluation.--The term
``catastrophic event recovery evaluation'', with respect to an
area of Federal land damaged by a catastrophic event, means an
evaluation of the damaged Federal land that is conducted in
accordance with section 102.
(5) Catastrophic event recovery proposal.--The term
``catastrophic event recovery proposal'' means the list and
brief description of catastrophic event recovery projects,
catastrophic event research projects, and pre-approved
management practices that are--
(A) identified as part of the catastrophic event
recovery evaluation of an area of Federal land damaged
by a catastrophic event; and
(B) proposed to be undertaken to facilitate the
catastrophic event recovery of the area or evaluate the
effects and effectiveness of such recovery efforts.
(6) Catastrophic event recovery project.--The term
``catastrophic event recovery project'' means an individual
activity or a series of activities identified in a catastrophic
event recovery proposal for an area of Federal land damaged by
a catastrophic event and proposed to be undertaken in response
to the catastrophic event to promote catastrophic event
recovery.
(7) Catastrophic event research project.--The term
``catastrophic event research project'' means a scientifically
designed study of the effects and effectiveness of--
(A) any catastrophic event recovery projects
undertaken in an area of land damaged by a catastrophic
event; and
(B) any emergency stabilization treatments
undertaken as part of a burned area emergency response
in the area of land damaged by a catastrophic event.
(8) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
that term in section 101(3) of the Healthy Forest Restoration
Act of 2003 (16 U.S.C. 6511(3)).
(9) Eligible entity.--The term ``eligible entity'', for
purposes of providing assistance under subtitle B of title II,
means a State Forester or equivalent State official, an Indian
tribe, local government, community-based organization, or other
person.
(10) Federal land.--The term ``Federal land'' means land in
the National Forest System and public lands. The term does not
include any land contained in a component of the National
Wilderness Preservation System or designated as a national
monument.
(11) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(12) Land and resource management plan.--The term ``land
and resource management plan'' means--
(A) a land and resource management plan developed
for a unit of the National Forest System under section
6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604); or
(B) a land use plan developed for an area of the
public lands under section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712).
(13) Land-grant colleges and universities.--The term
``land-grant colleges and universities'' has the meaning given
that term in section 1404(11) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103(11)).
(14) Landscape assessment.--The term ``landscape
assessment'' means an assessment describing catastrophic event
conditions and recovery needs and opportunities on non-Federal
land affected by a catastrophic event and including a list of
proposed special recovery projects to address those needs and
opportunities.
(15) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(16) Pre-approved management practice.--The term ``pre-
approved management practice'' means a management practice
identified by the Secretary concerned under section 104(a) that
may be immediately implemented as part of a catastrophic event
recovery project or catastrophic event research project to
facilitate the catastrophic event recovery of an area of
Federal land damaged by a catastrophic event.
(17) Public lands.--The term ``public lands'' has the
meaning given that term in section 103(e) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
(18) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
public lands.
(19) Special recovery project.--The term ``special recovery
project'' means an individual activity or a series of
activities proposed to be undertaken to rehabilitate, repair,
and restore non-Federal land damaged by a catastrophic event,
community infrastructure and facilities on the land, and
economic, social, and cultural conditions affected by the
catastrophic event.
TITLE I--RESPONSE TO CATASTROPHIC EVENTS ON FEDERAL LANDS
SEC. 101. DEVELOPMENT OF RESEARCH PROTOCOLS AND USE IN CATASTROPHIC
EVENT RESEARCH PROJECTS.
(a) Development of Protocols; Purpose.--For the purpose of
conducting and evaluating the effectiveness and effects of a
catastrophic event recovery project and of emergency stabilization
treatments undertaken as part of a burned area emergency response, the
Secretary concerned shall develop research protocols consisting of--
(1) a research approach that is specifically designed to
improve knowledge, understanding, and predictive capabilities--
(A) to increase the long-term benefits of
management activities, including natural and artificial
regeneration of vegetation; and
(B) to decrease the short-term impacts of such
management activities;
(2) an appropriate and scientifically sound experimental
design or set of sampling procedures; and
(3) accompanying methods of data analysis and
interpretation.
(b) Peer Review.--The research protocols developed under subsection
(a), and any subsequent modification thereof, shall be subject to peer
review, including independent, third-party peer review, by scientific
and land management experts.
(c) Time for Completion; Modification.--The research protocols
required by this section shall be submitted to Congress not later than
180 days after the date of the enactment of this Act. The Secretary
concerned may modify the research protocols, as the Secretary
determines necessary, after their submission to Congress. The Secretary
concerned shall notify Congress regarding any such modification.
(d) Catastrophic Event Research Projects.--In accordance with the
research protocols developed under this section, the Secretary
concerned may conduct one or more catastrophic event research projects
in an area of land damaged by a catastrophic event. The Secretary may
develop a proposed catastrophic event research project as part of a
catastrophic event recovery proposal or develop a catastrophic event
research project independently of the catastrophic event recovery
proposal during the catastrophic event recovery in response to changing
conditions in the area damaged by the catastrophic event.
(e) Public Access.--
(1) Protocols.--The Secretary concerned shall make the
research protocols developed under subsection (a), including
any modification thereof, publicly available, in a form
determined to be appropriate by the Secretary.
(2) Research results.--After completion of the peer review
required by subsection (b), the Secretary concerned shall make
the results of catastrophic event research projects publicly
available, in a form determined to be appropriate by the
Secretary.
(f) Forest Health Partnerships.--In developing and using the
research protocols required by this section, the Secretary concerned
shall enter into cooperative agreements with land-grant colleges and
universities and other institutions of higher education to form forest
health partnerships, including regional institutes, to utilize their
education, research, and outreach capacity to address the catastrophic
event recovery of forested land. A forest health partnership may be
aligned with the current network of Cooperative Ecosystem Studies
Units.
SEC. 102. CATASTROPHIC EVENT RECOVERY EVALUATIONS.
(a) Commencement.--
(1) Evaluation required.--In response to a catastrophic
event affecting 1,000 or more acres of Federal land, the
Secretary concerned shall conduct a catastrophic event recovery
evaluation of the damaged Federal land.
(2) Evaluation authorized.--If a catastrophic event affects
more than 250 acres of Federal land, but less than 1,000 acres,
the Secretary concerned is authorized, but not required, to
conduct a catastrophic event recovery evaluation of the damaged
Federal land.
(b) Time for Commencement.--
(1) When evaluation required.--When a catastrophic event
recovery evaluation is required under subsection (a)(1), the
Secretary concerned shall commence the catastrophic event
recovery evaluation for the Federal land damaged by the
catastrophic event--
(A) as soon as practicable during or after the
conclusion of the catastrophic event to facilitate
prompt decision-making with regard to the catastrophic
event recovery of the damaged Federal land; but
(B) in no event later than 30 days after the
conclusion of the catastrophic event.
(2) When evaluation discretionary.--When a catastrophic
event recovery evaluation is simply discretionary under
subsection (a)(2), the Secretary concerned shall make a final
decision whether to commence a catastrophic event recovery
evaluation for the Federal land damaged by the catastrophic
event, and, if the final decision is to commence a catastrophic
event recovery evaluation, actually commence the evaluation--
(A) as soon as practicable during or after the
conclusion of the catastrophic event to facilitate
prompt decision-making with regard to the catastrophic
event recovery of the damaged Federal land; but
(B) in no event later than 30 days after the
conclusion of the catastrophic event.
(c) Completion.--
(1) Time for completion.--To facilitate prompt
implementation of catastrophic event recovery projects on
Federal land damaged by a catastrophic event when a
catastrophic event recovery evaluation is undertaken under
subsection (a), whether because the evaluation is required
under paragraph (1) of such subsection or because the Secretary
concerned makes a decision to conduct an evaluation under
paragraph (2) of such subsection, the Secretary concerned shall
complete the catastrophic event recovery evaluation for the
damaged Federal land not later than 30 days after the date on
which Secretary commenced the catastrophic event recovery
evaluation.
(2) Extension.--The Secretary concerned may extend the
completion date for a catastrophic event recovery evaluation,
on a case-by-case basis, when the Secretary concerned
determines that additional time is necessary to evaluate a
complex catastrophic event, an on-going catastrophic event, or
a series of catastrophic events. Only a single extension may be
provided for any catastrophic event recovery evaluation, and
the extension shall not be longer than 60 days after the date
on which the evaluation was otherwise required to be completed
under paragraph (1).
(d) Elements of Catastrophic Event Evaluation.--In conducting the
catastrophic event recovery evaluation for an area of Federal land
damaged by a catastrophic event, the Secretary concerned shall prepare
the following:
(1) A description of catastrophic event conditions on the
damaged Federal land, recovery needs and opportunities, and the
areas where management intervention would be helpful to achieve
the catastrophic event recovery of the damaged Federal land.
(2) A preliminary determination of any catastrophic event
research projects that best fit the circumstances of the
particular catastrophic event environment or would enhance
scientific understanding relevant to the damaged area.
(3) A catastrophic event recovery proposal containing
possible catastrophic event recovery projects and catastrophic
event research projects for the damaged area and describing the
anticipated size and scope of these projects.
(4) One or more maps detailing the area of damaged Federal
land and the location of catastrophic event recovery proposals.
(5) A preliminary estimate of the funding that would be
needed to complete the catastrophic event recovery projects and
catastrophic event research projects contained in the
catastrophic event recovery proposal.
(6) A preliminary estimate of the receipts, including
receipts from biomass and other forest products, to be derived
from the catastrophic event recovery projects and catastrophic
event research projects contained in the catastrophic event
recovery proposal, and, to the maximum extent practicable, an
estimate of revenues likely to be lost if action is not taken
in a timely manner.
(7) A preliminary schedule showing the timing of possible
catastrophic event recovery projects and catastrophic event
research projects by fiscal year, assuming funding is available
to undertake the projects.
(e) Use of Pre-Approved Management Practices or Emergency
Procedures.--
(1) Determination.--In addition to complying with the
requirements specified in subsection (d) for each catastrophic
event recovery evaluation, the Secretary concerned shall make a
determination of--
(A) whether or not any pre-approved management
practices should be immediately implemented under
section 104 to facilitate the catastrophic event
recovery of the area covered by the catastrophic event
recovery evaluation; and
(B) whether or not any catastrophic event recovery
project or catastrophic event research project, or
portion of such a project, contained in the
catastrophic event recovery proposal should be
developed and carried out using the emergency
procedures authorized by section 105.
(2) Factors.--In making any determination under paragraph
(1)(B) to develop and carry out a catastrophic event recovery
project or catastrophic event research project, or portion of
such a project, using emergency procedures under section 105,
the Secretary concerned shall consider at a minimum the
following:
(A) The necessity of promptly responding to the
catastrophic event on the damaged Federal land.
(B) The recovery needs and opportunities identified
under subsection (d)(1) with respect to the damaged
Federal land.
(C) The lack of pre-approved management practices
authorized by section 104 applicable to the damaged
Federal land.
(D) The threat to public health and safety.
(E) The likelihood of substantial loss of adjacent
private and public property or other substantial
economic losses.
(3) CEQ notification.--The Secretary concerned shall make
the determination under paragraph (1) after notification of the
Council on Environmental Quality, but the determination remains
in the sole discretion of the Secretary.
(f) Interdisciplinary Approach.--To conduct the catastrophic event
recovery evaluation of an area of Federal land damaged by a
catastrophic event, the Secretary concerned shall use a systematic,
interdisciplinary approach that insures the integrated use of
appropriate natural and social sciences.
(g) Coordination With Other Activities.--
(1) Related assessment of non-federal land.--The Secretary
concerned may combine the preparation of a catastrophic event
recovery evaluation of Federal land with the preparation of a
landscape assessment for non-Federal land in the vicinity of
the damaged Federal land prepared under subtitle B of title II
or subsection (c) of section 10A of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2106c), as added by section
201.
(2) Related community wildfire protection plans.--During
preparation of a catastrophic event recovery evaluation for an
area of Federal land damaged by a catastrophic event involving
wildfire, the Secretary concerned shall consider post-fire
management recommendations, if any, contained in any community
wildfire protection plan addressing the damaged Federal land.
(h) Public Collaboration.--To encourage meaningful participation
during the preparation of catastrophic event recovery projects, the
Secretary concerned shall facilitate collaboration among State and
local governments, Indian tribes, land-grant colleges and universities,
and interested persons during the preparation of catastrophic event
recovery evaluations and catastrophic event recovery proposals.
(i) Public Notice.--
(1) Notice of evaluation.--The Secretary concerned shall
provide public notice of each catastrophic event recovery
evaluation, including the catastrophic event recovery proposal
prepared as part of the evaluation. The notice shall be
provided in a form determined to be appropriate by the
Secretary concerned.
(2) Notice of public meetings.--The Secretary concerned
shall provide notice of public meetings conducted in connection
with a catastrophic event recovery evaluation and the
availability of preliminary analyses or documents prepared as
part of the evaluation. The notice shall be provided at such
times and in such a manner as the Secretary concerned considers
appropriate.
SEC. 103. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT.
(a) Compliance Required.--Except as provided in subsection (b), the
Secretary concerned shall comply with the National Environmental Policy
Act of 1969 (42 U.S.C. 4331 et seq.), its implementing regulations, and
other applicable laws in designing and conducting catastrophic event
recovery projects and catastrophic event research projects.
(b) Satisfaction of NEPA Requirements.--The following activities
are deemed to satisfy the requirements of section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332 et seq.) and its
implementing regulations:
(1) The preparation of the list of pre-approved management
practices under section 104.
(2) The use of pre-approved management practices on the
list in the manner provided in section 104.
(3) The use of emergency procedures in the manner provided
in section 105.
SEC. 104. AVAILABILITY AND USE OF PRE-APPROVED MANAGEMENT PRACTICES.
(a) List of Available Pre-Approved Management Practices.--The
Secretary concerned shall prepare a list of management practices, by
forest type or plant association group, that may be immediately
implemented as part of a catastrophic event recovery project or
catastrophic event research project to facilitate the catastrophic
event recovery of an area of Federal land damaged by a catastrophic
event. The list of pre-approved management practices shall be prepared
using notice and comment rule making under section 553 of title 5,
United States Code.
(b) Peer Review.--Before a management practice may be included on
the list of pre-approved management practices, the management practice
shall be subject to peer review, including independent, third-party
peer review, by scientific and land management experts. The results of
the peer review shall be available to the public during the comment
period.
(c) Revision or Amendment of List.--The Secretary concerned may
amend or revise the list of pre-approved management practices as
necessary whenever new scientific and managerial information becomes
available. Subsections (a) and (b) shall apply to the amendment or
revision process.
(d) Use for Certain Activities Prohibited.--
(1) Road construction.--A pre-approved management practice
may not authorize any permanent road building. Any temporary
road constructed as part of a pre-approved management practice
shall be obliterated upon conclusion of the practice and the
road area restored to the extent practicable.
(2) Timber harvesting.--Timber harvesting carried out as
part of a pre-approved management practice shall be limited to
trees--
(A) that are already down, dead, broken, or
severely root sprung;
(B) regarding which mortality is highly probable
within five years after the end of the catastrophic
event; or
(C) that are required to be removed for worker or
public safety.
(e) Compliance With Other Laws.--
(1) ESA consultation.--In the case of the proposed use of a
pre-approved management practice included on the list prepared
under subsection (a), the Secretary concerned may use the
emergency procedures described in section 402.05 of title 50,
Code of Federal Regulations, to comply with section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536). At the
conclusion of the consultation, the statement required by
subsection (b)(4) of such section shall be issued for any
incidental taking that may occur while using the pre-approved
management practice, which shall be effective beginning on the
date the Secretary concerned initiates the practice and shall
apply to all persons assisting or cooperating with the
Secretary in using the practice.
(2) Other required consultation.--Any consultation required
under other laws, such as the National Historic Preservation
Act (16 U.S.C. 470 et seq.), may proceed simultaneously with
the implementation of a pre-approved management practice.
Results of consultation shall be immediately incorporated into
the practice, to the extent feasible, practical, and consistent
with the response, recovery, and rehabilitation objectives of
the project.
(3) Federal water pollution control act compliance.--
Compliance with any applicable requirements of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.) may
proceed simultaneously with the implementation of a pre-
approved management practice.
(f) Issuance of Decision Document.--Not later than 30 days after
the date on which the Secretary concerned makes the determination under
section 102(e) to use a pre-approved management practice to facilitate
the catastrophic event recovery of an area of Federal land damaged by a
catastrophic event, the Secretary concerned shall issue a concise
decision document that contains the following:
(1) A description of the pre-approved management practice
to be implemented.
(2) The rationale for the agency decision.
(3) An economic analysis and justification.
(4) An analysis of the environmental effects of the pre-
approved management practice and how such effects will be
minimized or mitigated consistent with the applicable land and
resource management plan. As part of this analysis, the
Secretary concerned shall consider, to the extent the Secretary
concerned determines appropriate, forest type or plant
association group, standing- and down-dead wood, watershed,
water quality, wildlife habitat, and soils applicable to the
damaged Federal land.
(g) Immediate Implementation.--The Secretary concerned shall
implement a pre-approved management practice immediately after the
issuance of the decision document under subsection (f), subject only to
the availability of funds for the practice.
(h) Monitoring.--To monitor the implementation of a pre-approved
management practice, the Secretary concerned may establish a third-
party monitoring group, as determined to be appropriate by the
Secretary.
SEC. 105. AVAILABILITY AND USE OF EMERGENCY PROCEDURES.
(a) Limited Consideration of Alternatives.--If the Secretary
concerned determines under section 102(e) to utilize emergency
procedures to conduct a catastrophic event recovery project or
catastrophic event research project, or portion of such a project, the
Secretary concerned is not required to study, develop, or describe more
than the proposed agency action and the alternative of no action in
designing that project or the portion of the project for which the
emergency procedures are utilized.
(b) Use for Certain Activities Prohibited.--
(1) Road construction.--Emergency procedures under this
section may not be used to design or conduct a catastrophic
event recovery project or catastrophic event research project,
or portion of such a project, that provides for any permanent
road building. Any temporary road constructed as part of the
project shall be obliterated upon completion of the project and
the road area restored to the extent practicable.
(2) Timber harvesting.--Timber harvesting carried out as
part of a catastrophic event recovery project or catastrophic
event research project, or portion of such a project, for which
emergency procedures under this section were used shall be
limited to trees--
(A) that are already down, dead, broken, or
severely root sprung;
(B) regarding which mortality is highly probable
within five years after the end of the catastrophic
event; or
(C) that are required to be removed for worker or
public safety.
(c) Compliance With Other Laws.--
(1) ESA consultation.--In the case of a catastrophic event
recovery project or catastrophic event research project, or
portion of such a project, for which emergency procedures under
this section are used, the Secretary concerned may use the
procedures described in section 402.05 of title 50, Code of
Federal Regulations, to comply with section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536). At the conclusion of the
consultation, the statement required by subsection (b)(4) of
such section shall be issued for any incidental taking that may
occur under the project, which shall be effective beginning on
the date the Secretary concerned initiates action under the
project and shall apply to all persons assisting or cooperating
with the Secretary under the project.
(2) Other required consultation.--Any consultation required
under other laws, such as the National Historic Preservation
Act (16 U.S.C. 470 et seq.), may proceed simultaneously with
the design of a catastrophic event recovery project or
catastrophic event research project, or portion of such a
project, for which emergency procedures under this section are
used. Results of consultation shall be immediately incorporated
into the project, to the extent feasible, practical, and
consistent with the response, recovery, and rehabilitation
objectives of the project.
(3) Federal water pollution control act compliance.--
Compliance with any applicable requirements of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.) may
proceed simultaneously with the design of a catastrophic event
recovery project or catastrophic event research project, or
portion of such a project, for which emergency procedures under
this section are used.
(d) Completion of Emergency Procedures and Issuance of Decision
Document.--Not later than 90 days after the date on which the Secretary
concerned makes the determination under section 102(e) to develop and
carry out a catastrophic event recovery project or catastrophic event
research project, or portion of such a project, using emergency
procedures, the Secretary concerned shall--
(1) complete the emergency procedures for that catastrophic
event recovery project or catastrophic event research project,
or portion thereof, under this section; and
(2) issue a concise decision document that contains the
following:
(A) The rationale for the agency decision.
(B) An economic analysis and justification.
(C) An analysis of the environmental effects of the
project and how such effects will be minimized or
mitigated consistent with the applicable land and
resource management plan. As part of this analysis, the
Secretary concerned shall consider, to the extent the
Secretary concerned determines appropriate, forest type
or plant association group, standing- and down-dead
wood, watershed, water quality, wildlife habitat, and
soils applicable to the damaged Federal land.
(e) Immediate Implementation.--In the case of a catastrophic event
recovery project or catastrophic event research project, or portion of
such a project, for which the emergency procedures authorized by this
section are used, the Secretary concerned shall implement the project,
or portion of the project, immediately after the issuance of the
decision document under subsection (d), subject only to the
availability of funds for the project.
(f) Monitoring.--To monitor a catastrophic event recovery project
or catastrophic event research project, or portion of such a project,
for which the emergency procedures authorized by this section were
used, the Secretary concerned may establish a third-party monitoring
group, as determined to be appropriate by the Secretary.
SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Administrative Review Generally.--Except as provided in
subsection (b), nothing in this title affects--
(1) the notice, comment, and appeal requirements of section
322 of the Department of the Interior and Related Agencies
Appropriations Act, 1993 (Public 102-381; 16 U.S.C. 1612 note);
and
(2) section 215 of title 36, Code of Federal Regulations.
(b) Predecisional Administrative Notice, Comment, and Review.--
(1) Interim final regulations.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of
Agriculture shall promulgate interim final regulations to
establish a predecisional administrative review process that
will serve as the sole means by which--
(A) the Secretary of Agriculture will provide
notice of and solicit comments regarding--
(i) the proposed use of a pre-approved
management practice under section 104 on
National Forest System land; and
(ii) a catastrophic event recovery project
or catastrophic event research project, or
portion of such a project, for which the
emergency procedures under section 105 are used
on National Forest System land; and
(B) a person can seek administrative review
regarding--
(i) the proposed use of a pre-approved
management practice under section 104 on
National Forest System land; and
(ii) a catastrophic event recovery project
or catastrophic event research project, or
portion of such a project, for which the
emergency procedures under section 105 are used
on National Forest System land.
(2) Period covered by review process.--The review portion
of the predecisional administrative review process described in
paragraph (1)(B) shall occur during the period--
(A) beginning on the date on which the Secretary of
Agriculture makes a determination to use pre-approved
management practices or emergency procedures under
section 102(e); and
(B) ending not later than the date of the issuance
of applicable decision document under section 104 or
105.
(3) Effective date.--The interim final regulations
promulgated under paragraph (1) shall take effect on the date
of promulgation of the regulations.
(4) Final regulations.--The Secretary of Agriculture shall
promulgate final regulations to establish the predecisional
administrative review process described in paragraph (1) as
soon as practicable after the interim final regulations have
been promulgated and a reasonable period of time has been
provided for public comment.
(c) Judicial Review.--Section 106 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6516) shall apply with respect to
the implementation of a pre-approved management practice under section
104 or a catastrophic event recovery project or catastrophic event
research project regarding which the applicable administrative review
process has been exhausted. In any proceeding for judicial review of
agency action under this subsection, attorney fees awarded to a
prevailing party may not exceed the hourly rates established in section
3006A of title 18, United States Code.
SEC. 107. GUIDANCE REGARDING REFORESTATION IN RESPONSE TO CATASTROPHIC
EVENTS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary concerned shall--
(1) standardize the collection, reporting, and review
procedures for data regarding more aggressive, expedited, and
comprehensive reforestation in response to catastrophic events
by clarifying agency-wide guidance and developing standard
protocols for determining when and how reforestation can be
best achieved as part of the response to catastrophic events;
(2) clarify agency-wide guidance regarding reforestation in
response to catastrophic events to ensure that such guidance is
consistent with agency goals and budget constraints; and
(3) clarify agency-wide guidance regarding the development,
during the revision of a land and resource management plan, of
goals and objectives for catastrophic event recovery to ensure
that such guidance addresses catastrophic event recovery
objectives, by forest type or plant association group, related
to standing- and down-dead wood, soil and watershed protection,
wildlife habitat, and other resource values.
SEC. 108. EFFECT OF TITLE.
(a) Use of Other Authorities.--Nothing in this title affects the
use by the Secretary concerned of other statutory or administrative
authority, including categorical exclusions adopted to implement the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), to
conduct a catastrophic event recovery project or catastrophic event
research project, or portion of such a project, that is not conducted
using the emergency procedures authorized by section 105.
(b) Preference for Local Operators.--In the manner provided in
section 420 of the Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat. 553),
the Secretary concerned may give consideration to local contractors in
awarding a Federal contract to implement--
(1) a pre-approved management practice under section 104;
or
(2) a catastrophic event recovery project or catastrophic
event research project, or portions of such a project, for
which the emergency procedures under section 105 are used.
(c) Advisory Committees.--The Federal Advisory Committee Act (5
U.S.C. App.) and title XVIII of the Food and Agriculture Act of 1977 (7
U.S.C. 2281 et seq.) shall not apply to--
(1) the peer review provided by scientific and land
management experts under section 101(b) or 104(b);
(2) the monitoring process under section 104(h) or 105(f);
and
(3) the preparation of a catastrophic event recovery
evaluation or catastrophic event recovery proposal.
SEC. 109. STANDARDS FOR TREE RETENTION.
(a) Standing Dead Trees and Downed Wood.--In planning or conducting
any catastrophic event recovery project or catastrophic event research
project, the Secretary concerned shall ensure that--
(1) standing dead tree and downed wood retention guidelines
contained in the applicable land and resource management plan
are applied; or
(2) if the applicable land and resource management plan
does not contain standing dead tree and downed wood retention
guidelines, adequate standing dead trees and downed wood of the
oldest age class are retained in the project area--
(A) to provide habitat for associated species
through various stages of forest development;
(B) to provide a long-term nutrient source; and
(C) to retain, to the extent practicable and
appropriate for forest type and plant association
group, the more decay-resistant species.
(b) Exception.--Subsection (a) shall not apply if the Secretary
concerned determines that science from land-grant colleges and
universities or a Forest Service Research Station provides more
appropriate standing dead tree and downed wood retention guidelines for
a particular catastrophic event recovery project or catastrophic event
research project.
(c) Plan Amendment.--The Secretary concerned may amend a land and
resource management plan to incorporate standing dead tree and downed
wood retention guidelines, specific to forest type or plant association
group.
TITLE II--RESTORING LANDSCAPES AND COMMUNITIES IMPACTED BY CATASTROPHIC
EVENTS
Subtitle A--Cooperative Forestry Assistance Act of 1978
SEC. 201. ASSISTANCE UNDER COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978
TO RESTORE LANDSCAPES AND COMMUNITIES AFFECTED BY
CATASTROPHIC EVENTS.
(a) Assistance Authorized.--Section 10A of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2106c) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Response to Catastrophic Events Affecting Non-Federal
Lands.--
``(1) Landscape assessments.--At the request of an eligible
entity, the Secretary may cooperate with the eligible entity in
the preparation of a landscape assessment for non-Federal lands
affected by a catastrophic event. The Secretary may combine the
preparation of a landscape assessment with the preparation of a
catastrophic event recovery evaluation under title I of the
Forest Emergency Recovery and Research Act regarding Federal
land in the vicinity of the damaged non-Federal land.
``(2) Community assessments.--At the request of an eligible
entity affected by a catastrophic event, the Secretary may
cooperate with the eligible entity in the preparation of a
community wildfire protection plan or related plan.
``(3) Decision to provide assessment assistance.--In
response to the request of an eligible entity for assistance
under paragraph (1) or (2), the Secretary shall make a
decision, within 30 days after receiving the request, whether
or not to provide such assistance. The decision rests in the
sole discretion of the Secretary, but, if the Secretary rejects
the request for assistance, the Secretary shall provide the
eligible entity with an explanation of the reasons for the
rejection.
``(4) Types of assistance.--The Secretary concerned may
provide technical and financial cost-share assistance to an
eligible entity--
``(A) to assist in the preparation of a landscape
assessment under paragraph (1) or a community wildfire
protection plan, community assessment, or community
action plan under paragraph (2); and
``(B) to implement special recovery projects
identified in the landscape assessment or community
wildfire protection plan, community assessment, or
community action plan.
``(5) Special recovery projects.--Special recovery projects
supported under paragraph (4)(B) may include projects
involving--
``(A) revegetation, tree planting, and other
management practices the Secretary determines to be
appropriate;
``(B) developing products from and markets for
timber harvested in response to a catastrophic event
and remaining forest resources;
``(C) training for the local populace for work in
connection with catastrophic event recovery;
``(D) repair of forest roads, bridges, and trails
and water supply areas affected by a catastrophic
event; and
``(E) such other activities as the Secretary
determines to be necessary to undertake the special
recovery project.
``(6) Additional funding sources.--Amounts appropriated to
the Secretary to carry out sections 8 and 10 may be used to
provide assistance under this subsection.
``(7) Definitions.--In this subsection:
``(A) The term `eligible entity' means a State
Forester or equivalent State official, an Indian tribe,
or local government. The term may include community-
based organizations and other persons working in
conjunction with a State Forester or equivalent State
official, an Indian tribe, or local government.
``(B) The terms `catastrophic event', `landscape
assessment', and `special recovery project' have the
meanings given those terms in section 3 of the Forest
Emergency Recovery and Research Act.
``(C) The term `community wildfire protection plan'
has the meaning given that term in section 101(3) of
the Healthy Forest Restoration Act of 2003 (16 U.S.C.
6511(3)).''.
(b) Clerical Amendment.--The heading of such section is amended by
inserting before the period at the end the following: ``and response to
catastrophic events''.
Subtitle B--Department of the Interior Assistance
SEC. 211. RESTORING LANDSCAPES.
(a) Landscape Assessments.--At the request of an eligible entity,
the Secretary of the Interior may cooperate with the eligible entity in
the preparation of a landscape assessment for non-Federal lands
affected by a catastrophic event. The Secretary may combine the
preparation of a landscape assessment with the preparation of a
catastrophic event recovery evaluation under title I regarding Federal
land in the vicinity of the damaged non-Federal land.
(b) Decision to Provide Assessment Assistance.--In response to the
request of an eligible entity for assistance under subsection (a), the
Secretary of the Interior shall make a decision, within 30 days after
receiving the request, whether or not to provide such assistance. The
decision rests in the sole discretion of the Secretary, but, if the
Secretary rejects the request for assistance, the Secretary shall
provide the eligible entity with an explanation of the reasons for the
rejection.
(c) Types of Assistance.--The Secretary of the Interior may provide
technical and financial cost-share assistance to an eligible entity--
(1) to assist in the preparation of a landscape assessment;
and
(2) to implement special recovery projects identified in
the landscape assessment.
(d) Special Recovery Projects.--The Secretary of the Interior may
provide assistance under subsection (c)(2) for special recovery
projects, including revegetation, tree planting, and other practices
the Secretary determines to be appropriate.
SEC. 212. RESTORING COMMUNITIES.
(a) Community Assessments.--At the request of an eligible entity
affected by a catastrophic event, the Secretary of the Interior may
cooperate with the eligible entity in the preparation of a community
wildfire protection plan or related plan.
(b) Decision to Provide Assessment Assistance.--In response to the
request of an eligible entity for assistance under subsection (a), the
Secretary of the Interior shall make a decision, within 30 days after
receiving the request, whether or not to provide such assistance. The
decision rests in the sole discretion of the Secretary, but, if the
Secretary rejects the request for assistance, the Secretary shall
provide the eligible entity with an explanation of the reasons for the
rejection.
(c) Types of Assistance.--The Secretary of the Interior may provide
technical and financial cost-share assistance to an eligible entity--
(1) to assist in the preparation of development of a
community wildfire protection plan, a community assessment, or
a community action plan; and
(2) to implement special recovery projects identified in a
community wildfire protection plan, a community assessment, or
a community action plan.
(d) Special Recovery Projects.--Special recovery projects supported
under subsection (c)(2) may include projects involving--
(1) developing products from and markets for timber
harvested in response to a catastrophic event and remaining
forest resources;
(2) training for the local populace for work in connection
with catastrophic event recovery;
(3) repair of forest roads, bridges, and trails and water
supply areas affected by a catastrophic event; and
(4) such other activities as the Secretary determines to be
necessary to undertake the special recovery project.
TITLE III--EXPERIMENTAL FORESTS
SEC. 301. FINDINGS.
Congress finds the following:
(1) The experimental forests established pursuant to
section 4 of the Forest and Rangeland Renewable Resources
Research Act of 1978 (16 U.S.C. 1643) or the organic
administrative authorities of the Secretary of Agriculture (16
U.S.C. 551) serve as a natural laboratory for the Forest
Service to evaluate management practices generally and specific
responses to catastrophic events that can be eventually used
throughout the National Forest System.
(2) To build upon the knowledge base to be developed using
catastrophic events research projects conducted under title I,
the Secretary of Agriculture should be authorized to use the
same authorities provided under sections 104 and 105 to design
and carry out projects in the experimental forests.
SEC. 302. AVAILABILITY AND USE OF PRE-APPROVED MANAGEMENT PRACTICES ON
NATIONAL FOREST EXPERIMENTAL FORESTS.
Management practices included on the list of pre-approved
management practices prepared under subsection (a) of section 104 may
be implemented, in the manner provided by such section, in an
experimental forest established pursuant to section 4 of the Forest and
Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1643) or
the organic administrative authorities of the Secretary of Agriculture
(16 U.S.C. 551).
SEC. 303. LIMITED CONSIDERATION OF ALTERNATIVES FOR PROJECTS ON
NATIONAL FOREST EXPERIMENTAL FORESTS.
Section 105(a) shall apply with respect to any individual activity
or a series of activities proposed to be undertaken in an experimental
forest established pursuant to section 4 of the Forest and Rangeland
Renewable Resources Research Act of 1978 (16 U.S.C. 1643) or the
organic administrative authorities of the Secretary of Agriculture (16
U.S.C. 551).
TITLE IV--GENERAL PROVISIONS
SEC. 401. REGULATIONS.
Except as provided in section 106(b), the Secretary concerned is
not required to promulgate regulations to implement this Act.
SEC. 402. DEDICATED SOURCE OF FUNDS FOR RESEARCH AND MONITORING.
(a) Special Account.--The Secretary of the Treasury shall establish
a special account in the Treasury for each Secretary concerned.
(b) Deposits.--Ten percent of the gross proceeds derived by the
Secretary concerned from catastrophic event recovery projects and
catastrophic event research projects conducted by the Secretary
concerned under title I shall--
(1) be deposited in the special account established for
that Secretary; and
(2) remain available, without further appropriation and
until expended, for expenditure as provided in subsection (c).
(c) Research-Related Use of Special Accounts.--The Secretary
concerned shall use amounts in the special account established for that
Secretary--
(1) to develop research protocols under section 101;
(2) to prepare and implement catastrophic event research
projects; and
(3) to provide for monitoring under sections 104 and 105.
(d) Relation to Other Funds.--Amounts in the special account
established for the Secretary concerned are in addition to other
amounts available to that Secretary for the purposes described in
subsection (c).
SEC. 403. OTHER FUNDING SOURCES.
(a) Availability of Knutson-Vandenberg Funds.--Section 3 of the Act
of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16
U.S.C. 576b), is amended--
(1) by striking ``Such deposits shall be covered'' and
inserting the following:
``(b) Amounts deposited under subsection (a) shall be covered'';
(2) by inserting after ``national park.'' the following new
sentence: ``The Secretary of Agriculture may also use excess
amounts to cover the costs of activities of the Secretary under
title I of the Forest Emergency Recovery and Research Act.'';
and
(3) in subsection (c)--
(A) in paragraph (1), by striking ``and'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) the excess amounts will not be needed for activities
of the Secretary under title I of the Forest Emergency Recovery
and Research Act during the fiscal year in which the transfer
would be made; and''.
(b) Availability of Forest Service Salvage Sale Funds.--Section
14(h) of the National Forest Management Act of 1976 (16 U.S.C. 472a(h))
is amended--
(1) in the fourth sentence, by inserting after ``the
purposes for which deposited'' the following: ``and to cover
the costs of activities of the Secretary under title I of the
Forest Emergency Recovery and Research Act''; and
(2) in last proviso, by striking ``for which deposited on
any national forest'' and inserting ``for which deposits of
money are available under this subsection''.
(c) Availability of BLM Revolving Fund Derived From Disposal of
Salvage Timber.--The first paragraph under the headings ``Forest
Ecosystems Health and Recovery'' and ``revolving fund, special
account'' in title I of the Department of the Interior and Related
Agencies Appropriations Act, 1993 (Public Law 102-381; 106 Stat. 1376;
43 U.S.C. 1736a), is amended by adding at the end the following new
sentence: ``The money in this fund shall likewise be immediately
available to cover the costs of activities of the Bureau of Land
Management under title I of the Forest Emergency Recovery and Research
Act.''.
SEC. 404. EFFECT OF DECLARATION OF MAJOR DISASTER OR EMERGENCY.
(a) Availability of Funds.--If an area of non-Federal land damaged
by a catastrophic event is also covered by a declaration by the
President under section 401 or 501 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191) that a major
disaster or emergency exists, the Director of Federal Emergency
Management Agency may use funds available for activities under that Act
to reimburse the Secretary concerned for assistance in that area
provided under--
(1) subtitle B of title II; or
(2) subsection (c) of section 10A of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2106c), as added by
section 201.
(b) Limitation.--Reimbursements under subsection (a) shall be
limited to those activities authorized under the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122 et seq.) for which assistance under
paragraph (1) or (2) of such subsection is provided.
Passed the House of Representatives May 17, 2006.
Attest:
KAREN L. HAAS,
Clerk.