Library / Laws / 113th / s / S. 1301 / Introduced in Senate
II
113th CONGRESS
1st Session
S. 1301
IN THE SENATE OF THE UNITED STATES
July 16 (legislative
day, July 15), 2013
Mr. Wyden (for himself
and Mr. Merkley) introduced the following
bill; which was read twice and referred to the
Committee on Energy and Natural
Resources
A BILL
To provide for the restoration of forest landscapes,
protection of old growth forests, and management of national forests in the
eastside forests of the State of Oregon.
1.
Short
title
This Act may be cited as
the Oregon Eastside Forests
Restoration, Old Growth Protection, and Jobs Act of
2013.
2.
Purposes
The purposes of this Act are—
(1) to conserve and
restore the eastside National Forests of the State;
(2) to create an
immediate, predictable, and increased timber flow to support locally based
restoration economies in the communities of the eastside National Forests of
the State;
(3) to make the
eastside National Forests of the State more resistant and resilient to, and to
mitigate the effects of, climate change;
(4) to protect,
restore, and increase old-growth forest stands and trees in the eastside
National Forests of the State;
(5) to promote
collaboration in the communities of the eastside National Forests of the State
to respond to critical threats to forest and watershed health and to support
natural resource- and restoration-based economies;
(6) to prioritize,
strategically target, and accelerate projects to improve forest health and
watershed health in old growth forests located in the eastside National Forests
of the State; and
(7) to provide the
Secretary, collaborative groups, and the public with independent scientific
advice for restoring forest health and watershed health in the eastside
National Forests of the State.
3.
Definitions
In this Act:
(1)
Advisory
panel
The term advisory panel means the Eastside
Forest Scientific and Technical Advisory Panel established under section
6(a).
(2)
Collaborative
group
The term collaborative group means a group of
individuals that meets the requirements of section 8(a)(2).
(3)
Covered
area
The term covered area means the area selected
by the Secretary under section 4(a)(1) that is—
(A) within the State;
and
(B) not within the
area covered by the Record of Decision for Amendments to Forest Service and
Bureau of Land Management Planning Documents Within the Range of the Northern
Spotted Owl, dated April 1994.
(4)
Decision
notice
The term Decision Notice means the decision
notice entitled Decision Notice for the Revised Continuation of Interim
Management Direction Establishing Riparian, Ecosystem and Wildlife Standards
for Timber Sales, United States Forest Service Region 6, Colville, Deschutes,
Fremont, Malheur, Ochoco, Okanogan, Umatilla, Wallowa-Whitman and Winema
National Forests in Oregon and Washington and approved by the Pacific
Northwest Regional Forester on June 6, 1995.
(5)
Emergency
condition
The term emergency condition means a
condition—
(A) that results in
an—
(i) imminent risk to
life or property; or
(ii) immediate
impairment of the public use and enjoyment of a trail, road, highway, public
facility, or public land; and
(B) with respect to
subparagraph (A)(ii), the urgency to address the emergency of which outweighs
the benefits of full notice and comment.
(6)
Forest
health
The term forest health means conditions that
enable forested land—
(A) to be durable,
resilient, and less prone to uncharacteristic wildfire, insect, or pathogen
outbreaks, while—
(i) supporting
ecosystem services and populations of native species; and
(ii) allowing for
natural disturbances;
(B) to maintain or
develop species composition, ecosystem function and structure, hydrologic
function, and sediment regimes that are within an acceptable range that
considers—
(i) historic
variability; and
(ii) anticipated
future conditions; and
(C) to be resistant
and resilient to uncharacteristic events.
(7)
Forest
stand
The term forest stand means a contiguous group
of trees that are sufficiently uniform in age-class distribution, composition,
and structure and that are growing on a site of sufficiently uniform quality to
be a distinguishable unit.
(8)
Initiative
The
term Initiative means an initiative established by the
Secretary—
(A) to restore and
improve the ecological structure, composition, and function and the natural
processes of watersheds within the National Forest System;
(B) to preserve and
create local jobs in rural communities that are located in or near National
Forest System land;
(C) to sustain the
local wood products infrastructure and community capacity that is necessary for
the appropriate management and restoration of National Forest System
land;
(D) to promote
cooperation and collaboration in the management of National Forest System
land;
(E) to carry out
collaborative projects to restore forest health and watershed health and to
reduce the risk of uncharacteristic disturbances from fire, insects, and
disease to communities, watersheds, and natural resources through a
collaborative process of planning, prioritizing, and implementing ecological
restoration, hazardous fuel reduction, and other vegetation management
projects;
(F) to collect
information from the projects carried out under this Act in an effort to better
understand the manner in which to improve forest restoration and management
activities;
(G) that includes all
National Forest System land within the covered area; and
(H) under which not
more than 15 National Forests may be selected to participate.
(9)
Inventoried
roadless area
The term inventoried roadless area
means 1 of the areas identified in the set of inventoried roadless area maps
contained in the Forest Service Roadless Areas Conservation, Final
Environmental Impact Statement, Volume 2, dated November 2000.
(10)
National
forest system
The term National Forest System has
the meaning given the term in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(11)
Pilot
landscape
The term pilot landscape means a National
Forest entirely within the covered area on which a project is being carried out
under section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C.
7303) as of January 1, 2013.
(12)
Plant
association
(A)
In
general
The term plant association means a
description of a plant community that—
(i) would
potentially, in the absence of a disturbance, occupy a site; and
(ii) may be
aggregated into 1 or more groups based on similarities in plant species,
composition, environment, and productivity.
(B)
Inclusion
The
term plant association includes, with respect to a forested site,
species representing tree, shrub, and herbaceous layers.
(13)
Secretary
The
term Secretary means the Secretary of Agriculture (acting through
the Chief of the Forest Service).
(14)
State
The
term State means the State of Oregon.
(15)
Uncharacteristic
The
term uncharacteristic means a wildfire, insect, or pathogen
outbreak or level of forest fuel, the severity, size, frequency, or quantity of
which exceeds the historic range of variability.
(16)
Watershed
area
The term watershed area means 1 or more
subwatersheds (also known as 6th code hydrologic units).
(17)
Watershed
health
The term watershed health means landscape
conditions that enable riparian and aquatic ecosystems—
(A) to capture,
store, and release water, sediment, wood, and nutrients;
(B) to provide for
water temperatures that are within the range of variability of the natural
regimes for the processes described in subparagraph (A); and
(C) to create and
sustain functional riparian, aquatic, and wetland habitats that are capable of
supporting diverse populations of native aquatic- and riparian-dependent
species.
4.
Land
management
(a)
Application of
the initiative to the covered area
(1)
In
general
Not later than 60 days after the date of enactment of
this Act, the Secretary shall select all or part of 1 or more National Forests
in the State as part of the Initiative.
(2)
Term
The
selection under paragraph (1) shall be for a period of 15 years.
(3)
Effect
The
provisions of this Act shall apply to the covered area.
(b)
Land management
goals
(1)
In
general
In the covered area, the Secretary shall, considering the
best available science, seek—
(A) to conserve and
restore forest health, watershed health, and other ecosystems;
(B) to reduce the
risk of, and increase the resistance and resiliency of the land to,
uncharacteristic disturbances;
(C) to allow for
characteristic natural disturbances; and
(D) to harvest wood
to maintain adequate levels of industry infrastructure to accomplish the goals
described in subparagraphs (A), (B), and (C).
(2)
Forest
management
To achieve the goals of paragraph (1) in the forested
land in the covered area, the Secretary shall consider opportunities—
(A) to reduce the
basal area in overstocked forest stands;
(B) to increase the
mean diameter of forest stands;
(C) to maintain or
create a forest composition that focuses on more fire- and drought-tolerant
species;
(D) to restore
historic levels of within-forest stand spatial heterogeneity;
(E) to conserve and
restore old growth;
(F) to conserve and
restore population levels of older trees;
(G) to conserve and
restore ecologically sustainable forest stands and landscapes to incorporate
characteristic forest stand structures and older tree populations;
(H) to harvest wood
and use the value of merchantable sawlogs and biomass to help offset the cost
of improving forest health and watershed health;
(I) to restore or
maintain sustainable and fire-resilient conditions in perpetuity through active
management (including management through prescribed or wildland fire and
mechanical treatments);
(J) to restore or
maintain ecologically appropriate spatial complexity (including a range of open
to dense forest patches at scales from the forest stand to the
landscape);
(K) to create
nonuniform effects in carrying out vegetation management projects by avoiding
extensive areas of uniform treatment, except for certain treatments (such as
broadcast burns) that are carried out to enhance the spatial heterogeneity of
the forest site;
(L) to restore or
maintain ecologically appropriate understory plant community composition and
condition, including—
(i) by
restoring and maintaining native ground cover; and
(ii) by
reducing the impacts of, and potential for, exotic and other invasive species;
and
(M) to increase
stakeholder participation through collaborative groups.
(c)
Planning
To
help to achieve the goals described in subsection (b), the Secretary shall use
landscape scale planning based on watershed areas as a tool to implement
ecological restoration projects in the covered area.
(d)
Performance
goals
(1)
In
general
Not later than 60 days after the date on which the
Secretary selects the covered area, the Secretary, in consultation with the
relevant collaborative groups, may establish performance goals, in addition to
the goals that are established by subsection (b), that the Secretary shall seek
to achieve consistent with the purposes of this Act and the goals and
opportunities described in subsection (b) for the covered area.
(2)
Term
Subject
to paragraph (3), each performance goal established under paragraph (1) shall
be measured annually for a period of 15 years.
(3)
Additions
The
Secretary may develop additional performance goals that the Secretary
determines to be appropriate during the period established by paragraph
(2).
(4)
Prioritization
Subject
to the limitations described in section 12(c), the Secretary shall prioritize
the vegetation management and hazardous fuels reduction program activities in
the covered area to achieve the performance goals established under this
subsection.
(5)
Restoration
goals
(A)
In
general
Within the covered area, consistent with the goals, and
after considering the opportunities, described in subsection (b), the Secretary
shall, to the maximum extent practicable, prepare, offer, and promptly
implement—
(i) projects
that—
(I) are predominantly
comprised of mechanical treatment in the covered area that emphasize sawtimber
as a byproduct; and
(II) are conducted
on—
(aa) for the first
fiscal year after the date of enactment of this Act, not less than 60,000
acres;
(bb) for the
subsequent fiscal year, not less than 80,000 acres; and
(cc) for each fiscal
year thereafter until the fiscal year in which at least 1 ecological
restoration project for each National Forest is initiated under section 7, not
less than 100,000 acres; and
(ii) for each fiscal
year after the fiscal year specified in subparagraph clause (i)(II)(cc), an
ecological restoration project on each National Forest in the covered area with
a gross planning area of not less than 25,000 acres.
(B)
Annual
goals
(i)
In
general
Beginning in the first fiscal year after the date on
which at least 1 ecological restoration project is initiated for each National
Forest under section 8 and each fiscal year thereafter until the date on which
the Initiative is completed, the Secretary may, subject to clause (ii), set
annual acreage performance goals for projects that are predominantly comprised
of mechanical treatment in the covered area that emphasize sawtimber as a
byproduct consistent with the goals, and after considering the opportunities,
described in subsection (b).
(ii)
Considerations
In
setting goals under clause (i), the Secretary shall consider—
(I) any specific
recommendations of the advisory panel relating to acreage treatment needs;
and
(II) advice provided
by a collaborative group relating to acreage treatment needs.
(C)
Priority for
restoration goals
In seeking to meet the restoration goals
established under subparagraph (A) or (B), the Secretary shall prioritize for
treatment—
(i) any
area located on a pilot landscape; and
(ii) any area that
has opportunities for reduced planning and implementation costs because
of—
(I) opportunities to
work with a collaborative group on the project; or
(II) opportunities to
use non-Federal resources to complete the project.
(e)
Prohibitions on
removal of certain trees
(1)
Older
trees
Except as provided in paragraph (2), the Secretary shall
prohibit the cutting or removal of any live tree located in the covered area
that is 150 years of age or older measured at breast height.
(2)
Administrative
exceptions
(A)
In
general
The prohibition described in paragraph (1) shall not
apply if the Secretary determines that there is no reasonable alternative to
the cutting or removal of the tree to provide for a safe administrative,
public, or special use.
(B)
Notice
requirement
The Secretary shall provide to the public and each
relevant collaborative group notice and an opportunity to comment before making
a determination under subparagraph (A), unless the Secretary determines that
the cutting or removal of the tree is necessary to respond to an emergency
condition.
(C)
Application of
decision notice
(i)
In
general
Subject to clause (ii), if the Secretary, after
considering the recommendations of the relevant collaborative group or the
recommendations report issued under section 6(d), determines that the
prohibition in paragraph (1) is infeasible to implement for a specific
vegetation management project, the Secretary shall apply the Decision Notice
with respect to the specific vegetation management project.
(ii)
Requirement
In
applying the Decision Notice to a specific vegetation management project under
clause (i), the Secretary may make site-specific forest plan amendments to
allow the cutting or removal of live trees greater than 21 inches in diameter
at breast height that are younger than 150 years old at breast height, the
cutting or removal of which is necessary to meet the land management goals
described in subsection (b)(1).
(f)
Limitations on
road construction
In carrying out any vegetation management
project in the covered area, the Secretary shall—
(1) not construct any
permanent road, unless the Secretary determines that the road is a justifiable
realignment of a permanent road to restore or improve the ecological structure,
composition, and function and the natural processes of the affected forest or
watershed; and
(2) by the earlier of
the date on which the vegetation management project is completed or the date
that is 1 year after the activities for which the road was constructed are
complete, decommission any temporary road constructed to carry out the
vegetation management project by—
(A) reestablishing
vegetation on the road; and
(B) restoring any
natural drainage, watershed function, or other ecological processes that are
disrupted or adversely impacted by the road, including by removing or
hydrologically disconnecting the road prism.
5.
Watershed
management
(a)
Aquatic and
riparian resources management
(1)
In
general
Within the covered area, each vegetation management
project in an area delineated under subsection (b) shall protect and restore
the aquatic and riparian-dependent resources of the delineated area.
(2)
Effects
A
project described in paragraph (1) may result in short-term negative effects on
the aquatic and riparian-dependent resources of the delineated area if the
Secretary determines, after considering the best available science, that the
project would result in a net improvement to the condition of those resources
over the long term.
(b)
Delineation of
areas
(1)
Fish-bearing
streams
The Secretary shall delineate each permanently flowing
fishbearing stream and the area extending away from each edge of the active
stream channel to include—
(A) the top of the
inner gorge;
(B) the outer edges
of the 100-year floodplain;
(C) the outer edges
of riparian vegetation;
(D) a distance equal
to the height of 2 site-potential trees; and
(E) a slope distance
of not less than 300 feet.
(2)
Permanently
flowing non-fishbearing streams
The Secretary shall delineate
each permanently flowing non-fishbearing stream and the area extending away
from each edge of the active stream channel to include—
(A) the top of the
inner gorge;
(B) the outer edges
of the 100-year flood plain;
(C) the outer edges
of riparian vegetation;
(D) a distance equal
to the height of 1 site-potential tree; and
(E) a slope distance
of not less than 150 feet.
(3)
Ponds, lakes,
reservoirs, and wetlands larger than 1 acre
The Secretary shall
delineate each pond, lake, reservoir, and wetland larger than 1 acre and the
area extending away from the high-water edges to include—
(A) the outer edges
of the riparian vegetation;
(B) the extent of the
seasonally saturated soil;
(C) the extent of
moderately and highly unstable areas;
(D) a distance equal
to the height of 1 site-potential tree; and
(E) a slope distance
of—
(i) if
the area located in a watershed identified as key or priority under the
applicable land and resource management plan, not less than 100 feet; or
(ii) not less than 50
feet.
(4)
Intermittent
streams, wetlands less than 1 acre, landslides, and landslide-prone
areas
The Secretary shall delineate each wetland smaller than 1
acre, landslide, landslide-prone area, intermittent stream channel, and the
area extending away from the edges of the wetland, landslide, landslide-prone
area, or intermittent stream channel to include—
(A) the top of the
inner gorge;
(B) the outer edges
of the riparian vegetation;
(C) a distance equal
to the height of 1 site-potential tree; and
(D) a slope distance
of—
(i) if
the area is located in a watershed identified as key or priority under the
applicable land and resource management plan, not less than 100 feet; or
(ii) not less than 50
feet.
(c)
Aquatic and
riparian protection
(1)
In
general
Except as provided in paragraph (2), the Secretary shall
comply with the aquatic and riparian protection requirements of the applicable
land and resource management plan in existence on the date of enactment of this
Act in carrying out each vegetation management project in the covered
area.
(2)
Modifications
The
Secretary may modify the aquatic and riparian protection requirements described
in paragraph (1) if the Secretary determines, after considering the best
available science, that the modifications would meet or exceed the goals of the
aquatic and riparian protection requirements.
6.
Eastside forest
scientific and technical advisory panel
(a)
In
general
Not later than 90 days after the date on which the
Secretary selects the covered area, the Secretary shall establish an advisory
panel—
(1) to be known as
the Eastside Forest Scientific and Technical Advisory Panel;
and
(2) to advise the
Secretary, collaborative groups, and the public regarding the development and
implementation of—
(A) goals to improve
forest health, watershed health, and related social and economic goals in the
covered area; and
(B) projects needed
to accomplish the purposes of this Act.
(b)
Composition
The
advisory panel shall be composed of 9 members, each of whom shall have
expertise in 1 or more of the following:
(1) Silviculture.
(2) Timber
economics.
(3) Road and logging
engineering.
(4) Soil science and
geology.
(5) Ecosystem
services or natural resources economics.
(6) Community
economics or ecosystem workforce development.
(7) Forest
ecology.
(8) Aquatic and
riparian ecology.
(9) Wildlife
ecology.
(10) Fish
Ecology.
(11) Ecological
restoration.
(12) Invasive species
control and eradication.
(13) Wildland
fire.
(14) Hydrology.
(15) Forest carbon
life-cycle and sequestration.
(16) Social
science.
(c)
Appointments
The
Secretary shall—
(1) ensure that the
advisory panel includes experts in a broad array of the fields described in
subsection (b); and
(2) give
consideration to the recommendations of institutions of higher education (as
defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))), professional societies, and other interested organizations and
persons.
(d)
Duties
(1)
Recommendations
report
(A)
In
general
Not later than 180 days after the date on which the
Secretary appoints the members of the advisory panel, the advisory panel, after
considering the best available science and information, shall submit to the
Secretary and make available to the public a report that contains
recommendations regarding the manner by which the Secretary may best achieve
the purposes and goals and consider the opportunities described in section
4(b).
(B)
Requirements
The
report shall provide recommendations based on the best available
science—
(i) for
the size and scope of projects needed to accomplish the goals and consider the
opportunities described in section 4(b);
(ii) for increasing
local capacity to accomplish the goals and consider the opportunities described
in section 4(b);
(iii) for
hydrologically and ecologically restoring land and water by—
(I) decommissioning
unnecessary and undesirable roads; and
(II) reducing the
environmental impact of necessary and desirable roads; and
(iv) for each
relevant plant association group—
(I) for protecting
and restoring terrestrial, aquatic, riparian, wildlife, fish, vegetation, soil,
carbon, and other resources;
(II) for the types of
activities necessary and desirable to restore forest health and watershed
health (including thinning, prescribed, and natural fire, and other appropriate
activities);
(III) for cases in
which the cutting or removal of trees described in section 4(e)(1) would
generally be considered to be ecologically appropriate; and
(IV) for cases in
which the cutting or removal of trees described in section 4(e)(2)(C) would
generally be considered to be ecologically appropriate.
(C)
Administration
(i)
In
general
To the maximum extent practicable, the advisory panel
shall achieve a consensus with respect to each recommendation included in the
report.
(ii)
Inclusion of
dissenting opinions
If the advisory panel fails to achieve a
consensus with respect to any recommendation included in the report, the report
shall include each dissenting opinion relating to the recommendation.
(2)
Review
report
Not later than 5 years after the date on which the
Secretary appoints the members of the advisory panel, the advisory panel shall
submit to the Secretary and make available to the public a report
providing—
(A) a quantitative
and qualitative assessment of the status of, and changes to, forest health and
watershed health in the covered area, including the resiliency, aquatic
function, and plant composition, structure, and function; and
(B) an assessment of
the implementation of the recommendations made under paragraph (1).
7.
Ecological
restoration projects
(a)
In
general
As soon as practicable after the date on which the
Secretary selects the covered area, the Secretary shall, considering the
opportunities described in section 4(b)(2), implement ecological restoration
projects in the covered area to further the goals described in section
4(b).
(b)
Landscape-Scale
projects
Subject to the availability of appropriations in
accordance with section 12, the Secretary shall, to the maximum extent
practicable, implement 1 or more ecological restoration projects with a gross
planning area of 50,000 acres for each National Forest in the covered area that
provide landscape-scale work within a watershed area not later than 3 years
after the date on which the Secretary selects the covered area.
(c)
Requirements
In
developing and implementing ecological restoration projects under this section,
the Secretary shall consider—
(1) the best
available science and data;
(2) the
recommendations of the advisory panel; and
(3) the views of the
relevant collaborative groups.
(d)
Net road
reduction
In developing ecological restoration projects under
this Act, the Secretary shall examine opportunities for, and achieve, a net
reduction in the permanent road system to improve forest and watershed health
to the maximum extent practicable.
(e)
Prioritization
(1)
In
general
The Secretary shall prioritize ecological restoration
projects in the covered area considering the requirements in subsection (c) and
based on the degree to which the ecological restoration projects would improve
forest health and watershed health, based on—
(A) dry and moist
forest plant association groups; and
(B) the need to
sustain adequate levels of industry infrastructure to accomplish the goals
described in section 4(b).
(2)
Inclusions
In
carrying out this section, the types of projects the Secretary shall consider
to be priority projects include projects that—
(A) reduce the risk
of, and increase the resistance and resiliency of the land to, uncharacteristic
disturbances, particularly if critical components or values are at risk,
including—
(i) communities
located in the wildland-urban interface (as defined in section 101 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)); and
(ii) valuable forest
structures (including old growth and older mature trees);
(B) restore the
structure and composition of forest stands at a high or moderate departure from
the historic range of variability;
(C) accelerate the
development of complex forest structure in a young forest that has been
simplified through past management, such as by—
(i) creating spatial
heterogeneity (including the creation of skips and gaps) using mechanical
treatments to create wildlife habitat; and
(ii) retaining
biological legacies (including large standing, downed, live, and dead
trees);
(D) assist in the
implementation of community wildfire protection plans developed by at-risk
communities (as those terms are defined in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511));
(E) use the value of
merchantable sawlogs and biomass to help offset the cost of ecological
restoration projects;
(F) meet local and
rural community needs through a source that is selected on a best-value basis;
and
(G) reduce the
permanent road system to improve forest health and watershed health.
8.
Collaboration
(a)
Collaborative
groups
(1)
In
general
To assist in the development of the projects needed to
accomplish the purposes of this Act in the covered area, the Secretary shall
consult with, and consider the recommendations of, any collaborative group that
meets the criteria described in paragraph (2).
(2)
Collaborative
groups
A collaborative group under paragraph (1) means a group
that—
(A) is interested in
the implementation of this Act;
(B) includes multiple
individuals representing diverse interests that include—
(i) environmental
organizations;
(ii) timber and
forest products industry representatives; and
(iii) county
governments;
(C) operates—
(i) in
a transparent and nonexclusive manner; and
(ii) by
consensus or in accordance with voting procedures to ensure a high degree of
agreement among participants and across various interests; and
(D) requires a level
of participation sufficient to ensure that members of the collaborative group
are adequately informed before each decision.
(b)
Multiparty
monitoring
The Secretary, in consultation with the relevant
collaborative groups, may develop a multiparty monitoring plan for any
vegetation management project carried out under this Act.
9.
Large scale
environmental impact statement
(a)
Congressional
finding
Congress finds that it is expected that the environmental
impact statement described in subsection (b) would be adequate to support the
requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) for projects implemented under this section, as documented in
subsequent agency decision documents.
(b)
Requirements
The
Secretary shall prepare a large scale environmental impact statement that is
adequate under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) to support a record of decision for vegetation management projects under
this section in National Forests in the eastern part of the State for
projects—
(1) that are located
wholly in dry ponderosa pine and dry mixed conifer forests types;
(2) that are located
on a pilot landscape;
(3) that are endorsed
by or the product of a collaborative group; and
(4) no portion of
which are located in an inventoried roadless area.
(c)
Completion
date
The Secretary shall complete the record of decision for the
large scale environmental impact statement under subsection (b) not later than
1 year after the date of enactment of this Act.
(d)
Timeliness
Any
legal challenge to the environmental impact statement and record of decision
under this section shall be filed not later than 120 days after the record of
decision is signed by the Secretary.
10.
Cooperative
partnership
(a)
Forest
planning
Section 327(b)(2) of the Department of the Interior and
Related Agencies Appropriations Act, 1996 (16 U.S.C. 1611 note; Public Law
104–134) is amended by inserting after may include the
following: expenditures for forest planning activities necessary for
timber sales for projects that are on a pilot landscape (as defined in section
3 of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs
Act of 2013) and .
(b)
Cooperative
forest innovation partnership projects
Section 13B of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109b) is amended by
adding at the end the following:
(d)
Regulations
Not
later than 90 days after the date of enactment of the Oregon Eastside Forests
Restoration, Old Growth Protection, and Jobs Act of 2013, the Secretary shall
promulgate regulations to implement the authority of the Secretary under that
Act.
(e)
Cooperation
with State governments
(1)
In
general
Not later than 180 days after the date of enactment of
the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of
2013, the Secretary shall carry out a project to support the ability of the
Department of Agriculture to address the restoration of forests in cooperation
with States.
(2)
Eligible
areas
A project under paragraph (1) may be carried out on a pilot
landscape (as defined in section 3 of the Oregon Eastside Forests Restoration,
Old Growth Protection, and Jobs Act of 2013).
(3)
Funding
The
Secretary shall use not more than 5 percent of the funds for the Forest
Health-Federal Lands budget line item made available under the State and
Private Forestry appropriation to pay not more than 50 percent of the total
cost of carrying out a project under paragraph
(1).
.
11.
Administration
(a)
Effect
Nothing
in this Act affects—
(1) any right
described in a treaty between an Indian tribe and the United States; or
(2) any biological
opinion, including any opinion associated with the aquatic and riparian
protection requirements of applicable land and resource management
plans.
(b)
No retroactive
effect during transition
(1)
Vegetation
management projects
The provisions of this Act shall not apply to
a vegetation management project that is—
(A) initiated, either
through a scoping notice or a notice of intent, more than 180 days before the
date on which the Secretary selects the covered area under section 4(a)(1);
or
(B) approved or under
contract before the date on which the Secretary selects the covered area under
section 4(a)(1).
(2)
Recommendations
report
The completion of the Eastside Scientific and Technical
Advisory Panel recommendations report shall not automatically compel an
amendment or revision of any vegetation management project initiated, approved,
or under contract before the date on which the recommendations report is
completed.
(3)
Forest
plans
The completion of the Eastside Scientific and Technical
Advisory Panel recommendations report shall not automatically compel an
amendment or revision of any existing forest plan.
(c)
Applicable
law
The Secretary shall carry out this Act in accordance with
applicable law (including regulations).
(d)
Principal
agency contact
(1)
Selection
The
Secretary shall select a principal agency contact for the implementation of
this Act.
(2)
Duties
The
principal agency contact shall—
(A) serve as the
point-of-contact for the advisory panel; and
(B) facilitate
communications among—
(i) the
advisory panel;
(ii) collaborative
groups;
(iii) employees of
the Forest Service; and
(iv) any other
stakeholders (including the public).
(e)
Reporting
(1)
In
general
The Secretary shall prepare a report on the
implementation of this Act—
(A) not later than 5
years after the date on which the Secretary selects the covered area;
and
(B) 2 years before
the date referred to in subsection (e)(1).
(2)
Contents
The
reports required under paragraph (1) shall, for each National Forest in the
covered area, assess the progress toward accomplishing—
(A) the purposes of
this Act; and
(B) the performance
goals established under section 4(d).
(f)
Termination of
authority
(1)
In
general
The authorities under this Act (other than the
authorities under sections 4(e) and 5(c)) shall terminate on the date that is
15 years after the date of enactment of this Act.
(2)
Effect
Nothing
in this subsection affects a valid contract in effect on the date described in
paragraph (1).
12.
Authorization
of appropriations
(a)
In
general
Subject to subsection (c), there is authorized to be
appropriated $50,000,000 to carry out this Act, to remain available until
expended.
(b)
Use
Any
amounts appropriated to the Secretary under subsection (a) may be used to
support implementation of any cost-sharing authorities provided by this
Act.
(c)
Limitation
Amounts
expended to carry out provisions of this Act that are not subject to a
cost-sharing requirement shall not reduce the allocations of appropriated funds
to the Secretary for use in—
(1) other National
Forests not included in the covered area;
(2) other States;
or
(3) other Regions of
the Forest Service.