Library / Laws / 113th / s / S. 1301 / Reported in Senate
II
Calendar No. 407
113th CONGRESS
2d Session
S. 1301
[Report No. 113–180]
IN THE SENATE OF THE UNITED STATES
July 16 (legislative day, July 15), 2013Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
June 2, 2014Reported by Ms. Landrieu, with an amendmentStrike out all after the enacting clause and insert the part printed in italic
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.
1.
Short
title; table of contents
(a)
Short title
This Act may be cited as
the Oregon Eastside Forests
Restoration, Old Growth Protection, and Jobs Act of
2013.
(b)
Table of contents
The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.TITLE I—Forest restoration, old growth protection, and jobsSec. 101. Definitions.Sec. 102. Forest management.Sec. 103. Restoration goals.Sec. 104. Aquatic and riparian resources management.Sec. 105. Eastside Forest Scientific and Technical Advisory Panel.Sec. 106. Ecological restoration projects.Sec. 107. Collaboration.Sec. 108. Large-scale environmental impact statement.Sec. 109. Administration.Sec. 110. Authorization of appropriations.TITLE II—Cooperative partnership fundingSec. 201. Forest planning.Sec. 202. Cooperative forest innovation partnership projects.
I
Forest restoration, old growth protection, and jobs
101.
Definitions
In this title:
(1)
Advisory
panel
The term advisory panel means the Eastside
Forest Scientific and Technical Advisory Panel established under section
105(a).
(2)
Collaborative
group
The term collaborative group means a group of
individuals that meets the requirements of section 107(b).
(3)
Covered
area
The term covered area means the national forests within the State that are not within the
area covered by the document entitled Record of Decision for Amendments to Forest Service and
Bureau of Land Management Planning Documents Within the Range of the
Northern
Spotted Owl and dated April 1994.
(4)
Forest health
The term forest health means conditions that enable a forest to be resistant and resilient to disturbance events and to
support natural ecosystem and hydrologic processes, functions, and
structures, including viable populations of native wildlife and ecosystem
services.
(5)
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 document entitled Forest Service Roadless Areas Conservation, Final
Environmental Impact Statement, Volume 2 and dated November 2000.
(6)
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)).
(7)
Plant
association group
(A)
In
general
The term plant association group 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 group includes, with respect to a forested site,
species representing tree, shrub, and herbaceous layers.
(8)
Secretary
The
term Secretary means the Secretary of Agriculture (acting through
the Chief of the Forest Service).
(9)
Spatial heterogeneity
The term spatial heterogeneity means trees and other structural elements of the forest landscape that have a nonuniform,
diversely clustered spatial arrangement.
(10)
State
The
term State means the State of Oregon.
(11)
Vegetation management project
(A)
In general
The term vegetation management project means a project involving activities that manipulate vegetation.
(B)
Inclusions
The term vegetation management project includes—
(i) ecological restoration or fuel reduction projects;
(ii) harvesting timber;
(iii) prescribed burning; and
(iv) thinning trees, brush, weeds, or grass.
(12)
Watershed
area
The term watershed area means 1 or more
subwatersheds (also known as 6th code hydrologic units).
(13)
Watershed
health
The term watershed health means the range of landscape conditions that enable riparian, aquatic, and wetland ecosystems to
create and sustain functional habitats capable of supporting diverse
populations of native aquatic- and riparian-dependent species.
102.
Forest
management
(a)
Application
The Secretary shall implement this title in the covered area during the 15-year period beginning on
the date of enactment of this Act.
(b)
Land management
goals
(1)
In
general
Taking into consideration the best available science, the Secretary shall seek in the covered area—
(A) to conserve and
restore forest and watershed health;
(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 the appropriate scale 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 conduct vegetation management projects that create an uneven-aged mosaic of isolated individual
trees, clumps of trees, and openings to enhance the spatial heterogeneity
of the forest landscape;
(L) to restore or maintain understory plant communities that reflect a composition and condition that
is appropriate for the forest type, including native ground cover and
limiting exotic and invasive species;
(M) to increase
stakeholder participation through collaborative groups; and
(N) to restore and maintain the historic complement of aspen, willows, and other native hardwoods in
riparian and upland ecosystems, including by—
(i) removing conifers that have invaded hardwood sites and overtopped hardwoods or have invaded wet and
dry meadow systems;
(ii) restoring fire to hardwood ecosystems; and
(iii) creating barriers around hardwood sites to reduce ungulate pressure.
(c)
Planning
To
achieve the goals described in subsection (b), the Secretary shall—
(1) use
landscape-scale planning based on watershed boundaries as a tool to
implement
vegetation management and ecological restoration projects in the covered
area; and
(2) seek to achieve planning and implementation efficiencies on projects carried out under this title
by working with—
(A) the relevant collaborative group;
(B) the advisory panel; and
(C) other partners.
(d)
Older tree retention
(1)
In general
In developing and implementing any project in the covered area, the Secretary shall—
(A) identify, based on the protocols developed under paragraph (2), trees that are 150 years of age or
older, as measured at breast height; and
(B) retain the trees described in subparagraph (A).
(2)
Protocol
The Secretary, in collaboration with the advisory panel, based on the best available science, shall
develop protocols for identifying trees that are 150 years of age or
older, as measured at breast height.
(3)
Exceptions
(A)
In general
The retention objectives described in paragraph (1)(B) shall not apply if the Secretary determines
that 1 of the following applies:
(i)
Administrative exceptions
There is no reasonable alternative to the cutting or removal of trees that are 150 years of age or
older, as measured at breast height, to provide for public safety,
administrative necessity, or special uses, such as rights of way.
(ii)
Restoration project exceptions
The Secretary determines that the cutting or removal of trees that are 150 years of age or older,
as measured at breast height, is needed to help implement and fund
restoration projects, subject to the conditions that—
(I) no tree that is 200 years of age or older, as measured at breast height, may be cut;
(II) only as many trees as are needed to fund restoration work that protects and enhances the resiliency
of trees that are 200 years of age or older, as measured at breast height,
may be cut;
(III) the removal of trees that are 150 years of age or older, as measured at breast height, and less
than 200 years of age, as measured at breast height, shall not exceed 50
percent of the population of those trees in the project area; and
(IV) there would be sufficient old-growth tree replacements remaining in the project area.
(B)
Notice requirement
The Secretary shall provide to the public and collaborative groups 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.
(4)
Application
The retention requirements of this subsection shall not—
(A) apply to any other forests in the National Forest System outside of the covered area; or
(B) establish a precedent for setting age limits on trees that may be cut on any National Forest System
land.
(e)
Limitations on road construction
In carrying out any vegetation management project in the covered area, the Secretary—
(1) shall 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 and the date
that is 1 year after the activities for which the road was constructed are
complete, shall decommission any temporary road constructed to carry out
the vegetation management project.
(f)
Monitoring and adaptive management
In carrying out this title, the Secretary—
(1) shall ensure that the projects developed pursuant to this title include monitoring to inform an
assessment of the effectiveness of treatments and adaptive management of
future projects; and
(2) in consultation with the relevant collaborative groups, may develop for a vegetation management
project carried out under this title a multiparty monitoring plan, which
shall take into consideration the recommendations of the advisory panel.
103.
Restoration goals
(a)
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 objectives, in
addition to
the goals established by section 102(b), which the Secretary shall seek
to achieve for the covered area, consistent with those goals and the
purposes of this title.
(2)
Term
Subject
to paragraph (4), 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 110(c), the Secretary shall
prioritize
the vegetation management project and hazardous fuels reduction program
activities in
the covered area to achieve the performance goals established under this
subsection.
(b)
Restoration
goals
(1)
In
general
Within the covered area, consistent with the goals, and
after considering the opportunities, described in subsection (a), the
Secretary
shall, to the maximum extent practicable, prepare, offer, and promptly
implement—
(A) projects
that—
(i) are predominantly
comprised of mechanical treatment in the covered area that emphasize
sawtimber
as a byproduct; and
(ii) are conducted
on—
(I) for the first
fiscal year after the date of enactment of this Act, not less than 60,000
acres;
(II) for the
subsequent fiscal year, not less than 80,000 acres; and
(III) 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
106, not
less than 100,000 acres; and
(B) for each fiscal
year after the fiscal year specified in subparagraph (A)(ii)(III), an
ecological restoration project on each National Forest in the covered area
with
a gross planning area of not less than 25,000 acres.
(2)
Annual
goals
(A)
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 106 and each fiscal year thereafter until the date on
which
the project is completed, the Secretary may establish, subject to
subparagraph (B), annual acreage performance goals for each project that
is 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).
(B)
Considerations
In
establishing the goals under subparagraph (A), the Secretary shall take
into consideration—
(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.
(3)
Priority for
restoration goals
In seeking to meet the restoration goals
established under paragraph (2), the Secretary shall prioritize for
treatment any area that
has opportunities for reduced planning and implementation costs because
of—
(A) opportunities to
work with a collaborative group on the project; or
(B) opportunities to
use non-Federal resources to complete the project.
104.
Aquatic and riparian resources
management
(a)
Primary focus
The primary focus of aquatic and riparian protection activities in the covered area shall be to
protect, maintain, and restore natural ecological functions and processes
beneficial to water quality and quantity, including temperature and
turbidity, native fish and wildlife, and watershed resilience.
(b)
Desired watershed conditions
Desired watershed conditions shall include maintaining or enhancing riparian processes and
conditions, including stable slopes, wood and nutrient delivery to aquatic
and terrestrial systems, stream shade, microclimate, water quantity, and
water quality, to ensure that the watersheds—
(1) operate consistently with local disturbance regimes; and
(2) support native flora and fauna.
(c)
Strategy
The Secretary shall—
(1) develop an aquatic and riparian conservation strategy that incorporates—
(A) riparian management areas;
(B) key watersheds;
(C) watershed analysis;
(D) watershed restoration; and
(E) monitoring; and
(2) use as the basis for watershed, aquatic, and riparian ecosystem management and restoration the
interaction of the elements described in paragraph (1) at the watershed or
landscape scale.
(d)
Modifications
The Secretary may modify the aquatic and riparian protection standards under subsection (a) if the
Secretary determines, taking into consideration the best available
science, that the modifications would meet or exceed the goals and
standards of the aquatic and riparian protection requirements of
subsection (e).
(e)
Requirement
The management activities carried out within the covered area shall not retard or prevent the
attainment of—
(1) the aquatic, riparian, and watershed goals described in this section; and
(2) the goals of applicable resource management plans, biological opinions, and water quality standards
in effect on the date of enactment of this Act.
105.
Eastside Forest
Scientific and Technical Advisory Panel
(a)
In
general
Not later than 90 days after the date of enactment of this Act, the Secretary shall establish an
advisory
panel, to be known as
the Eastside Forest Scientific and Technical Advisory Panel, to advise the
Secretary, collaborative groups, and the public regarding the development
and
implementation of—
(1) goals and performance measures to improve
forest health, watershed health, and related social and economic goals in
the
covered area; and
(2) projects needed
to accomplish the goals of this title.
(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
lifecycle 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
individuals.
(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,
taking into
consideration the best available science and information, shall submit to
the
Secretary, who shall make available to the public a report that contains
recommendations regarding the manner by which the Secretary can best
achieve
the purposes and goals, and consider the opportunities, described in
section
102(b).
(B)
Requirements
The
report under subparagraph (A) shall provide recommendations based on the
best available science regarding—
(i) the size and scope of projects needed to accomplish the goals and consider the
opportunities described in section 102(b);
(ii) increasing
local capacity to accomplish the goals and consider the opportunities
described
in section 102(b);
(iii) 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) actions for each
relevant plant association group, taking into account current or future
potential vegetation and soil types that—
(I) protect and restore terrestrial, aquatic, riparian, wildlife, fish, vegetation, soil,
carbon, and other resources; and
(II) would be necessary and desirable to restore forest health and watershed
health (including thinning, prescribed, and natural fire and other
appropriate
activities); and
(v) monitoring protocols to evaluate the success of the vegetation management projects and ecological
restoration projects on the covered area in meeting the goals and
objectives of this title.
(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 under this paragraph.
(ii)
Inclusion of
dissenting opinions
If the advisory panel fails to achieve a
consensus with respect to any recommendation included in the report under
this paragraph, 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).
106.
Ecological
restoration projects
(a)
In
general
As soon as practicable after the date of enactment of this Act, the Secretary shall implement,
taking into consideration the
annual goals described in section 103(b)(2), ecological restoration
projects in the covered area to support the land management goals
described in section
102(b).
(b)
Landscape-scale
projects
Subject to the availability of appropriations under section 110, the Secretary shall implement, to
the maximum extent
practicable, 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 by not later than 3
years
after the date on which the Secretary selects the covered area.
(c)
Criteria
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;
(3) the views of collaborative groups; and
(4) dry and moist forest plant association groups.
(d)
Net road
reduction
In developing ecological restoration projects under
this section, 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, taking into consideration—
(A) the criteria described in subsection (c); and
(B) the degree to which the ecological restoration projects would improve
forest health and watershed health.
(2)
Priorities
In
selecting and planning ecological restoration projects, the Secretary
shall prioritize 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) sustain the appropriate scale of industry infrastructure to accomplish the goals described in
section 102(b);
(D) 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);
(E) 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));
(F) use the value of
merchantable sawlogs and biomass to help offset the cost of ecological
restoration projects;
(G) meet local and
rural community needs through a source that is selected on a best-value
basis;
(H) reduce the
permanent road system to improve forest health and watershed health; and
(I) help recover aspen, willows, and other native hardwoods in riparian and upland ecosystems.
107.
Collaboration
(a)
In
general
To assist in the development of the projects needed to
accomplish the purposes of this title in the covered area, the Secretary
shall
consult with, and consider the recommendations of, any collaborative group
that
meets the criteria described in subsection (b).
(b)
Criteria
A collaborative group referred to in subsection (a) is a group
that—
(1) is interested in
the implementation of this title;
(2) includes multiple
individuals representing diverse interests, including—
(A) environmental
organizations;
(B) timber and
forest products industry representatives; and
(C) county
governments;
(3) operates—
(A) in
a transparent and nonexclusive manner; and
(B) by
consensus or in accordance with voting procedures to ensure a high degree
of
agreement among participants and across various interests; and
(4) requires a level
of participation sufficient to ensure that members of the collaborative
group
are adequately informed before making each decision.
108.
Large-scale
environmental impact statement
(a)
In general
The Secretary shall carry out vegetation management projects and ecological restoration projects
under this section in accordance with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321
et seq.).
(b)
Environmental impact statement
(1)
In general
The
Secretary shall prepare 1 landscape-scale environmental impact statement
for purposes of compliance with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for vegetation management projects and
ecological restoration projects carried out under this title in National
Forests in the eastern part of the State that share ecological conditions
and resource issues, including projects—
(A) that are located
wholly in dry ponderosa pine and dry mixed conifer forests types;
(B) that are endorsed
by, or are the product of, a collaborative group; and
(C) no portion of
which are located in an inventoried roadless area.
(2)
Use
The large-scale environmental impact statement under paragraph (1) shall be used as the basis for
decisions on covered vegetation management projects and ecological
restoration projects, except for limited projects—
(A) that are developed after the completion of the environmental impact statement; and
(B) for which the environmental impact statement does not adequately analyze the work to be performed.
(c)
Completion
date
The Secretary shall complete the record of decision for the
large-scale environmental impact statement under subsection (b) by not
later than
1 year after the date of enactment of this Act.
(d)
Timeliness
A
legal challenge to the environmental impact statement and record of
decision
under this section shall be filed by not later than 120 days after the
date on which the record of
decision is signed by the Secretary.
109.
Administration
(a)
Effect of title
Nothing
in this title 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
(1)
Vegetation
management projects
This title shall not apply to
a vegetation management project that is—
(A) initiated,
through a scoping notice or a notice of intent, more than 180 days before
the
date of enactment of this Act;
or
(B) approved or under
contract before the date of enactment of this Act.
(2)
Recommendations
report
The completion of the recommendations report of the advisory panel under section 105(d)(2) shall
not automatically compel an
amendment or revision to—
(A) any vegetation management project initiated, approved,
or under contract before the date on which the recommendations report is
completed; or
(B) any existing forest plan.
(c)
Applicable
law
The Secretary shall carry out this title 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 title.
(2)
Duties
The
principal agency contact shall—
(A) serve as the
point-of-contact for the advisory panel;
(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 title—
(A) not later than 5
years after the date on which the Secretary selects the covered area;
but
(B) not earlier than 2 years before
the date described in subparagraph (A).
(2)
Contents
The
reports required under paragraph (1) shall assess, for each National
Forest in the
covered area, the progress achieved in accomplishing—
(A) the purposes of
this title; and
(B) the performance
goals established under section 103.
(f)
Termination of
authority
(1)
In
general
The authority provided by this title 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).
110.
Authorization
of appropriations
(a)
In
general
Subject to subsection (c), there is authorized to be
appropriated $50,000,000 to carry out this title, 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
title.
(c)
Effect on other funds
The Secretary may not divert funding from a National Forest or grassland outside of the State to
meet the performance requirements of this title.
(d)
Reprogramming authority
(1)
In general
Except as provided in paragraph (2), after submitting to the Committees on Appropriations of the
House of Representatives and the Senate a notice, the Secretary may
reprogram any funds—
(A) made available to the Secretary through an appropriation for the National Forest System; and
(B) allocated to be used on the National Forests in the covered area.
(2)
Exception
No funds appropriated for a recreation or grazing activity may be subject to reprogramming under
paragraph (1).
II
Cooperative partnership funding
201.
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 expenditures for forest planning activities necessary for timber sales for projects that are
located on any landscape that receives funding under section 4004 of the
Omnibus Public Land Management Act of 2009 (16 U.S.C. 7304) and after may include.
202.
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)
Projects authorized
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, in cooperation with the States, shall carry out projects to support the ability of
the Department of Agriculture to address the restoration of National
Forests in eligible areas.
(2)
Eligible areas
A project under paragraph (1) may be carried out on—
(A) the covered area (as defined in section 101 of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013); and
(B) any additional areas of the National Forest System that the Secretary selects to carry out
paragraph (1).
(3)
Funding
For each fiscal year, the Secretary shall use not more than 5 percent of the funds made available
for forest health on Federal land under the heading State and private forestry of title III of an appropriations Act making funds available to the Department of the Interior to
pay for not more than 50 percent of the total cost of carrying out
paragraph (1).
.
June 2, 2014Reported with an amendment