Home > 105th Congressional Bills > H.R. 836 (ih) To amend title 38, United States Code, to deem certain service in the ...H.R. 836 (ih) To amend title 38, United States Code, to deem certain service in the ...
108th CONGRESS
1st Session
H. R. 835
To provide for enhanced collaborative forest stewardship management
within the Clearwater and Nez Perce National Forests in Idaho, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2003
Mr. Otter (for himself and Mr. Simpson) introduced the following bill;
which was referred to the Committee on Resources, and in addition to
the Committee on Agriculture, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for enhanced collaborative forest stewardship management
within the Clearwater and Nez Perce National Forests in Idaho, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clearwater Basin Project Act''.
SEC. 2. FINDINGS AND DEFINITIONS.
(a) Findings.--Congress finds the following:
(1) Elk populations within the Clearwater Basin in the
State of Idaho have diminished drastically, in part because of
lack of forage and habitat within the Clearwater and Nez Perce
National Forests.
(2) Populations of salmon and steelhead within the
Clearwater Basin are listed as endangered or threatened, and
restoration and protection of habitat within the Clearwater and
Nez Perce National Forests will assist the recovery of these
species.
(3) The Red and American River drainages within the
Clearwater Basin are experiencing large forest insect
infestations and fuel loads that increase the risk of
catastrophic fire and extensive destruction of fish, wildlife,
and other forest ecosystem and community values.
(4) Other Clearwater and Nez Perce National Forest areas
within the Clearwater Basin present similar issues that are
related to forest conditions outside the historic range of
variability and other factors.
(5) Communities within the Clearwater Basin are dependent
upon sustainable, healthy forest conditions for employment and
other economic benefits, protection of property, and quality of
life.
(6) The Clearwater Basin is an area of significant
importance to the Nez Perce Tribe and members of that Tribe
continue to exercise treaty-reserved hunting and fishing rights
in the Basin.
(7) In order to protect and improve habitat for elk,
salmon, steelhead and other key fish and wildlife species,
reduce threats of catastrophic fire, and achieve other forest
stewardship objectives, there is a need for vegetation
treatments and other restoration and enhancement actions on
National Forest System land in the Clearwater Basin.
(8) A pilot project, in which an advisory group and the
Forest Service engage with the Nez Perce Tribe and other
interested parties to identify and complete high priority
activities through a collaborative approach, will address a
compelling need to improve ecosystem health for fish, wildlife,
and other community values and complement existing management
of the Clearwater and Nez Perce National Forests.
(b) Definitions.--In this Act:
(1) The terms ``Clearwater Advisory Panel'' and ``CAP''
mean the advisory group established by the Secretary under
section 3.
(2) The terms ``Clearwater Basin Pilot Project'' and
``pilot project'' mean the pilot project for certain National
Forest System lands in the Clearwater Basin authorized by
section 4.
(3) The term ``pilot project area'' means the area
described in section 4(a) in which the pilot project will be
conducted.
(4) The term ``Secretary'' means the Secretary of
Agriculture.
(5) The term ``stewardship contract'' means a contract to
achieve land management goals for National Forest System lands
that meet local and rural community needs, as further described
in section 347 of the Department of the Interior and Related
Agencies Appropriations Act, 1999 (as contained in section
101(e) of division A of Public Law 105-277; 16 U.S.C. 2104
note).
(6) The term ``stewardship objectives'' means objectives
that enhance forest ecosystems, and restore and improve land
health and water quality, such as--
(A) road, trail, and infrastructure maintenance or
obliteration;
(B) soil productivity improvement;
(C) improvements in forest ecosystem health;
(D) watershed restoration and maintenance;
(E) restoration, maintenance and improvement of
wildlife and fish habitat;
(F) control of noxious weeds; and
(G) reestablishment of native species.
SEC. 3. CLEARWATER ADVISORY PANEL.
(a) Establishment and Purpose.--The Secretary shall establish an
advisory group, to be known as the ``Clearwater Advisory Panel'', for
the purpose of improving collaborative relationships and providing
advice and recommendations to the Forest Service regarding the
Clearwater Basin pilot project and activities under the pilot project,
as authorized by and consistent with this Act.
(b) Duties.--The CAP shall--
(1) review and make recommendations to the Forest Service
regarding activities proposed for high priority implementation
as part of the pilot project under this Act;
(2) provide early and continuous coordination with
appropriate Forest Service and other agency officials in
reviewing and recommending activities for high priority
implementation under this Act;
(3) provide frequent opportunities for citizens,
organizations, tribes, agencies, and other interested parties
to participate openly and meaningfully, beginning at the early
stages of the activity schedule development process under this
Act.
(c) Appointment of Members.--
(1) Appointment and term.--Consistent with subsection (d),
the Secretary shall appoint the members of the CAP. A member of
the CAP shall serve for a term of three years beginning on the
date of appointment. The Secretary may reappoint members to
subsequent three-year terms.
(2) Initial appointment.--The Secretary shall make initial
appointments to the CAP not later than 90 days after the date
of the enactment of this Act.
(3) Vacancies.--The Secretary shall make appointments to
fill vacancies on the CAP as soon as practicable after the
vacancy has occurred.
(4) Compensation.--Members of the CAP shall serve without
compensation.
(d) Composition.--
(1) Number.--The CAP shall be comprised of 15 members.
(2) Community interests represented.--Committee members
shall be representative of the interests of the following three
categories:
(A) Five persons who--
(i) represent organized labor;
(ii) represent developed outdoor
recreation, off highway vehicle users, or
commercial recreation activities;
(iii) represent energy and mineral
development interests;
(iv) represent the commercial timber
industry; or
(v) hold Federal grazing permits, or other
land use permits within the pilot project area.
(B) Five persons representing--
(i) nationally recognized environmental
organizations;
(ii) regionally or locally recognized
environmental organizations;
(iii) dispersed recreational activities;
(iv) archeaological and historical
interests; or
(v) nationally or regionally recognized
fish and wildlife interest groups.
(C) Five persons who--
(i) hold State elected office or their
designee;
(ii) hold county or local elected office;
(iii) represent Indian Tribes within or
adjacent to the pilot project area;
(iv) are school officials or teachers; or
(v) represent the affected public at large.
(3) Balanced representation.--The Secretary shall provide
for balanced and broad representation from within each category
described in paragraph (2).
(4) Geographic distribution.--The members of the CAP shall
reside within the State of Idaho and, to the extent
practicable, within or adjacent to the pilot project area.
(e) Approval Procedures.--
(1) Establishment.--Subject to paragraph (2) and the other
requirements of this Act, the CAP shall establish procedures
for proposing, developing, and reviewing activities and
schedules for recommendation to the Forest Service for approval
and implementation under the pilot project. A quorum must be
present to constitute an official meeting of the CAP.
(2) Majority vote.--An activity or schedule may be
recommended by the CAP to the applicable Forest Supervisor for
approval and implementation under the pilot program if it has
been approved by a majority of CAP members from each of the
three categories described in subsection (d)(2).
(f) Other Authorities and Requirements.--
(1) Staff assistance.--The CAP may submit to the Secretary
a request for staff assistance from Federal employees under the
jurisdiction of the Secretary.
(2) Meetings.--All meetings of the CAP shall be announced
at least one week in advance in a local newspaper of record and
shall be open to the public.
(3) Records.--The CAP shall maintain records of the
meetings of the panel and make the records available for public
inspection.
(4) Chairperson.--A majority on the CAP shall select the
chairperson of the CAP.
SEC. 4. CLEARWATER BASIN PILOT PROJECT.
(a) Pilot Project Required.--The Secretary shall conduct a pilot
project under this section, to be known as the ``Clearwater Basin pilot
project'', on those National Forest System lands encompassed by the
North Fork, Powell, and Lochsa Ranger Districts of the Clearwater
National Forest in the State of Idaho, and the Red River/Elk City,
Moose Creek and Clearwater Ranger Districts of the Nez Perce National
Forest in the State of Idaho.
(b) Role of CAP.--The CAP shall review and recommend activities for
high priority implementation within the pilot project area that are
authorized under this Act, according to the requirements of this Act.
(c) Authorized Activities.--The CAP may recommend activities for
which funding is authorized and appropriated under this Act or other
law. The activities that the CAP recommends for implementation under
the pilot project shall be those activities that the CAP determines are
high priority to implement stewardship objectives.
(d) Stewardship Contracts.--A total of four stewardship contracts
may be entered into as part of the pilot project. The stewardship
contracts shall be divided equally between the two national forests
referred to in subsection (a). These contracts are in addition to any
stewardship contracts authorized under any other law.
(e) Activity Schedules.--
(1) Development.--Within two years after the date of the
enactment of this Act, the CAP shall develop and submit for
Forest Supervisor review schedules of high priority activities
to be commenced within the pilot project area for the ensuing
five-year period. Separate schedules shall be developed for the
Clearwater National Forest portion of the pilot project area
and the Nez Perce National Forest portion of the pilot project
area. Thereafter, the CAP shall develop and submit in advance
schedules for subsequent following five-year periods.
(2) Consultation.--The CAP shall prepare the schedules in
consultation with, and with technical assistance from, the
applicable Forest Supervisor. The CAP shall also consult with
the Nez Perce Tribe in developing and recommending each five-
year schedule. The Forest Service shall consult with the Tribe
to assure that the activities in the schedule are consistent
with treaty and any other obligations to the Tribe.
(3) Content.--Each five-year schedule shall be in
sufficient detail to describe the high priority activities to
be conducted in the pilot project area over the five-year
period and the timing for their implementation, and to allow
reasonable site-specific, project level evaluation of their
environmental effects. The scope of the activities included in
each schedule shall be reasonably adjusted to the extent that
the CAP and applicable Forest Supervisor determine necessary to
allow such evaluation to be completed within the time periods
provided by this Act.
(4) Consistency with forest plan.--The activities included
within the five-year schedules shall be consistent with the
applicable forest land and resource management plan. The
schedule may include any amendment of the applicable forest
land and resource management plan that the CAP recommends or
that the applicable Forest Supervisor determines is necessary
to allow or facilitate implementation of one or more activities
in the schedule.
(f) NEPA Requirements and Related Procedures.--
(1) Process.--The Forest Service shall conduct any
applicable procedures under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) for the approval, at the
site-specific, project level, of the activities in each five-
year schedule, tiered to the extent appropriate to the
environmental impact statement for the applicable forest land
and resource management plan. The procedures under such Act,
and any review, consultation, or coordination under other laws,
including the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.), Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), and National Historic
Preservation Act (16 U.S.C. 470), shall be completed within one
year after the Forest Service, in consultation with the CAP,
issues the public scoping notice regarding the proposed
schedule.
(2) Resources.--The Forest Service, and any other Federal
agencies involved in the process described in paragraph (1),
shall provide sufficient personnel and other resources,
directly or through contracting, to complete the review,
consultation, or coordination within the required one-year
period, and without substantially delaying implementation of
other forest management activities in Region 1 of the Forest
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