NAT RESOURCE ISSUES
NAT RESOURCE ISSUES ESRM 315
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Date Created: 09/09/15
110TH CONGRESS 2D SESSION H R 5263 To encourage the collaborative sciencebased ecosystem restoration of priority M To UlPWN forest landscapes on Federal lands under the jurisdiction of the Bureau of Land Management and the Forest Service through a joint Collabo rative Forest Landscape Restoration Program and for other purposes IN THE HOUSE OF REPRESENTATIVES FEBRUARY 7 2008 GRIJALVA introduced the following bill Which was referred to the Com mittee on Natural Resources and in addition to the Committee on Agri culture for a period to be subsequently determined by the Speaker in each case for consideration of such provisions as fall Within the jurisdic tion of the committee concerned A BILL encourage the collaborative science based ecosystem res toration of priority forest landscapes on Federal lands under the jurisdiction of the Bureau of Land Manage ment and the Forest Service through a joint Collabo rative Forest Landscape Restoration Program and for other purposes Be it enacted by the Senate and House of Representa tives of the United States ofAmertca in Congress assembled SECTION 1 SHORT TITLE This Act may be cited as the Forest Landscape Res toration Act 1 SEC 2 PURPOSE 2 3 4 5 6 7 8 9 1O 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 The purpose of this Act is to encourage the collabo rative science based ecosystem restoration of priority for est landscapes through a process that 1 encourages ecological economic and social sustainability 2 leverages local resources With national and private resources 3 facilitates the reduction of Wildfire manage ment costs including through reestablishing natural fire regimes and reducing the risk of uncharacteristic Wildfire and 4 demonstrates the degree to Which A various ecological restoration tech niques i achieve ecological health objectives and ii affect Wildfire activity and man agement costs and B the use of forest restoration byprod ucts can offset treatment costs While benefitting rural economies and improving forest health SEC 3 DEFINITIONS In this Act 1 COVERED FEDERAL LANDS The term covered Federal lands means Federal lands under 0HR 5263 IH DOOQQUIPWNH D KD KD KD D D r r K lQUlPWNHO 1 19 2O 00 2 H 2 J 2 U 24 3 the jurisdiction of the Bureau of Land Management and National Forest System lands 2 FUND The term Fund means the Col laborative Forest Landscape Restoration Fund es tablished by section 4g 3 PROGRAM The term program means the Collaborative Forest Landscape Restoration Pro gram established under section 4a 4 means the Secretary of the Interior and the Sec SECRETARIES The term Secretaries retary of Agriculture acting jointly SEC 4 COLLABORATIVE FOREST LANDSCAPE RESTORA TION PROGRAM a ESTABLISHMENT The Secretary of the Interior and the Secretary of Agriculture acting jointly shall es tablish a Collaborative Forest Landscape Restoration Pro gram to select and fund ecological restoration treatments for priority forest landscapes in accordance With applicable laW b COMPLIANCE WITH EXISTING LAWS All actiVi ties carried out under the program shall be carried out in compliance With section 7 of the Endangered Species Act of 1973 16 USC 1536 and the National Environ mental PolicyAct of 1969 42 USC 4331 et seq 0HR 5263 IH 4 1 c ELIGIBILITY CRITERIA T0 be eligible for nomi 2 nation under subsection d for selection and funding 3 under the program a collaborative forest landscape res 4 toration proposal shall 5 1 be based on a landscape restoration strategy 6 that 7 A is complete or substantially complete 8 B identifies and prioritizes ecological res 9 toration treatments for a 10 year period across 10 a landscape that is 11 i at least 50000 acres 12 ii comprised primarily of forested 13 covered Federal lands but may also in 14 clude other Federal State tribal or pri 15 vate land 16 iii in need of active ecosystem res 17 toration and 18 iv accessible by existing or proposed 19 wood processing infrastructure at an ap 2O propriate scale to use woody biomass and 21 small diameter wood removed in ecological 22 restoration treatments 23 C incorporates 0HR 5263 IH DOOQQUIPWNH NNNNNHHHHHHHHHH WNHOGOOQQUIPWNHO 5 i the best available science and sci entific application tools in ecological res toration strategies and ii the requirements for old grovvth maintenance7 restoration and management direction of paragraphs 2 3 and 4 of subsection f and the requirements for large tree retention of subsection f of sec tion 102 of Public Law 108 148 16 USC 6512 and D does not include the establishment of permanent roads 2 be developed and implemented through a collaborative process that A includes multiple interested persons representing diverse interests B is transparent and nonexclusive or meets the requirements for a resource advisory committee under section 205 of Public Law 106 393 16 USC 500 note and C has an established record of successful planning and implementation of ecological res toration projects on covered Federal lands 3 describe plans to 0HR 5263 IH DOOQQUIPWNH NNNNHHHHHHHHHH WNr OQOOQQUIPWNHO 6 A use fire for ecological restoration and maintenance Where appropriate B improve fish and Wildlife habitat in cluding for endangered threatened and sen sitive species C maintain or improve water quality D prevent remediate or control inva sions of exotic species E maintain or decommission roads F use woody biomass and small diameter trees produced from projects implementing the landscape restoration strategy G report annually on performance in cluding through performance measures from the plan entitled the 10 Year Comprehensive Strategy Implementation Plan and dated De cember 2006 H develop small business incubators and provide employment and training opportunities to people in rural communities including con tracts for monitoring activities through i local private nonprofit or coopera tive entities 0HR 5263 IH DOOQQUIPWNH NNNNNNHHHHHHHHHH Ulkawr CDGOOQQUIPWNHO 7 ii Youth Conservation Corps crevvs or related partnerships With State local and non profit youth groups iii small or micro businesses or iv other entities that Will hire or train a significant percentage of local peo ple to complete such contracts and I take into account any applicable com munity Wildfire protection plan as defined in section 101 of Public Law 108 148 16 USC 6511 4 analyze the anticipated cost savings result ing from A reduced Wildfire management costs and B a decrease in the unit costs of imple menting ecological restoration treatments over time 5 estimate A the annual Federal funding necessary to implement the proposal and B the amount of new non Federal invest ment for carrying out the proposal that would be leveraged by Federal funding for ecological restoration treatments and 0HR 5263 IH DOOQQUIPWNH NNNNNNHHHHHHHHHH Ulkawr CDGOOQQUIPWNHO 8 6 be subject to any other requirements that the Secretaries determines to be necessary for the efficient and effective administration of the program 1 NOMINATION PROCESS 1 SUBMISSION A collaborative forest land scape restoration proposal shall be submitted to the Director of the Bureau of Land Management for each State in Which the covered Federal lands in cluded in the proposal are located and to the Re gional Forester for the Forest Service Region in Which the covered Federal lands included in the pro posal are located 2 NOMINATION A State Director of the Bu reau of Land Management or a Regional Forester may nominate collaborative forest landscape restora tion proposals for selection by the Secretaries 3 DOCUMENTATION With respect to each collaborative forest landscape restoration proposal that is nominated under paragraph 2 A the State Director of the Bureau of Land Management or Regional Forester mak ing the nomination shall i include a proposal to use Federal funds allocated to the State Director of the Bureau of Land Management or Regional 0HR 5263 IH DOOQQUIPWNH NNNNNHHHHHHHHHH WNHOGOOQQUIPWNHO 9 Forester to fund those costs of planning and carrying out ecological restoration treatments on covered Federal lands con sistent with the landscape restoration strategy that would not be covered by amounts transferred to the Secretaries from the Fund and ii provide evidence that amounts proposed to be transferred to the Secre taries from the Fund during the first 2 years following selection would be used to carry out ecological restoration treatments consistent with the landscape restoration strategy during the same fiscal year in which the funds are transferred to the Sec retaries and B if the collaborative forest landscape restoration proposal includes activities that would be carried out on land that is not under the jurisdiction of the Secretaries7 the State Di rector of the Bureau of Land Management or Regional Forester making the nomination shall provide evidence that the owner of the non cov ered Federal land intends to participate in7 and 0HR 5263 IH DOOQQUIPWNH NNNNNNHHHHHHHHHH Uikawr CDGOOQQUIPWNHO 10 provide appropriate funding to carry out7 the activities on the non covered Federal land e SELECTION PROCESS 1 IN GENERAL After consulting With any scientific and technical advisory panels established under subsection f7 the Secretaries shall7 subject to paragraph 27 select the best collaborative forest landscape restoration proposals that A have been nominated under subsection M2 and B meet the eligibility criteria established by subsection c 2 CRITERIA In selecting collaborative forest landscape restoration proposals under paragraph 17 the Secretaries shall give special consideration to A the strength of the ecological case of the proposal for landscape restoration and the proposed restoration strategies B the strength of the collaborative proc C Whether the proposal would reduce the relative costs of carrying out treatments as a result of the use of woody biomass and small diameter trees 0HR 5263 IH DOOQQUIPWNH NNNNNHHHHHHHHHH WNHOGOOQQUIPWNHO 11 D Whether the proposal is likely to achieve reductions in long term Wildfire man agement costs E the strength of the landscape restora tion proposal and strategy and F Whether an appropriate level of non Federal investment would be leveraged in car rying out the proposal 3 LIMITATION The Secretaries may select not more than A 10 collaborative forest landscape res toration proposals to be funded during any fis cal year and B 2 collaborative forest landscape res toration proposals in any 1 region of the Na tional Forest System to be funded during any fiscal year f ADVISORY PANELS 1 SCIENTIFIC ADVISORY PANEL The Secre taries shall establish a scientific advisory panel com prised of not more than 12 experts in ecological for est restoration and fire ecology to evaluate7 and pro vide recommendations on7 any proposal that has been nominated under subsection d2 and meets 0HR 5263 IH 22 23 25 12 the eligibility criteria established by subsection c with respect to A the strength of the ecological case of the proposal for landscape restoration and the proposed restoration strategies and B whether the proposal is likely to achieve reductions in long term wildfire man agement costs 2 TECHNICAL ADVISORY PANEL The Secre taries may establish a technical advisory panel com prised of experts in rural business development and the use of woody biomass and small diameter trees to evaluate7 and provide recommendations on7 any proposal that has been nominated under subsection d2 and meets the eligibility criteria established by subsection c with respect to whether the pro posal is likely to reduce the relative costs of carrying out treatments as a result of the use of woody bio mass and small diameter trees and provide local eco nomic benefit g COLLABORATIVE FOREST LANDSCAPE RESTORA TION FUND 1 ESTABLISHMENT There is established in the Treasury of the United States a fund7 to be known as the Collaborative Forest Landscape Res 0HR 5263 IH 13 1 toration Fund 7 to be used to pay up to 50 percent 2 of the cost of carrying out ecological restoration 3 treatments on covered Federal lands for each col 4 laborative forest landscape restoration proposal se 5 lected to be carried out under subsection e7 con 6 sisting of 7 A such amounts as are appropriated to 8 the Fund under paragraph 5 and 9 B any interest earned on investment of 10 amounts in the Fund under paragraph 3 11 2 EXPENDITURES FROM FUND On request 12 by the Secretaries7 the Secretary of the Treasury 13 shall transfer from the Fund to the Secretaries such 14 amounts as the Secretaries determines are necessary 15 to carry out ecological restoration treatments under 16 paragraph 1 17 3 ACCOUNTING AND REPORTING SYSTEM 18 The Secretaries shall establish an accounting and re 19 porting system for the Fund 20 4 AUTHORIZATION OF APPROPRIATIONS 21 There is authorized to be appropriated to the Fund 22 40000000 for each of fiscal years 2008 through 23 20187 to remain available until expended 24 h PROGRAM IMPLEMENTATION AND MONI 25 TORING 0HR 5263 IH DOOQQUIPWNH NNNNHHHHHHHHHH WNr OQOOQQUIPWNHO 14 1 WORK PLAN Not later than 180 days after the date on which a collaborative forest land scape restoration proposal is selected to be carried out the Secretaries shall create in collaboration with the interested persons an implementation work plan and budget to implement the collaborative for est landscape restoration proposal that includes A a description of the manner in which the proposal would be implemented to achieve ecological and community economic benefit in cluding capacity building to accomplish restora tion B a business plan that addresses i the anticipated unit treatment cost reductions over 10 years ii the anticipated costs for infra structure needed for the proposal iii the projected sustainability of the supply of woody biomass and small diame ter trees removed in ecological restoration treatments and iv the projected local economic bene fits of the proposal and 0HR 5263 IH DOOQQUIPWNH NNNNNHHHHHHHHHH WNHOGOOQQUIPWNHO 15 C documentation of the non Federal in vestment in the priority landscape including the sources and uses of the investments 2 PROJECT IMPLEMENTATION A1n0unts transferred to the Secretaries from the Fund shall be used to carry out ecological restoration treat ments that are A consistent With the landscape restora tion proposal and strategy and B identified through the collaborative process described in subsection c2 3 ANNUAL REPORT The Secretaries in col laboration With interested persons shall prepare an annual report on the accomplishments of each se lected collaborative forest landscape restoration pro posal that includes A a description of all acres or other ap propriate unit treated and restored through projects implementing the landscape restoration strategy B an evaluation of progress including performance measures and how prior year eval uations have contributed to improved project performance 0HR 5263 IH DOOQQUIPWNH NHHHHHHHHHH ODOOQUIJgtWIJgt O 2 H 2 J 23 24 16 C a description of community benefits achieved including any local economic benefits D the results of the multiparty moni toring evaluation and accountability process under paragraph 4 and E a summary of the costs of i treatments and ii relevant fire management activi ties 4 MULTIPARTY MONITORING The Secre taries in collaboration With interested persons shall use a multiparty monitoring evaluation and ac countability process to assess the positive or negative ecological social and economic effects of each project implementing a selected collaborative forest landscape restoration proposal for not less than 15 years after project implementation commences i REPORT Not later than 5 years after the first fiscal year in Which funding is made available to carry out ecological restoration projects under the program and every 5 years thereafter the Secretaries shall submit a report on the program including an assessment of Wheth er and to What extent the program is fulfilling the pur poses of this Act to 0HR 5263 IH OOQUIJgtU3l 17 1 the Committee on Energy and Natural Re sources of the Senate 2 the Committee on Appropriations of the Senate 3 the Committee on Natural Resources of the House of Representatives and 4 the Committee on Appropriations of the House of Representatives 0 0HR 5263 IH