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108th CONGRESS
  1st Session
                                S. 1938

 To amend the Forest and Rangeland Renewable Resources Planning Act of 
     1974 and related laws to strengthen the protection of native 
  biodiversity and ban clearcutting on Federal land, and to designate 
  certain Federal land as Ancient forests, roadless areas, watershed 
 protection areas, and special areas where logging and other intrusive 
                       activities are prohibited.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 24, 2003

 Mr. Corzine (for himself, Mr. Schumer, Mr. Lautenberg, and Mr. Reed) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Forest and Rangeland Renewable Resources Planning Act of 
     1974 and related laws to strengthen the protection of native 
  biodiversity and ban clearcutting on Federal land, and to designate 
  certain Federal land as Ancient forests, roadless areas, watershed 
 protection areas, and special areas where logging and other intrusive 
                       activities are prohibited.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Act to Save 
America's Forests''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
                        TITLE I--LAND MANAGEMENT

Sec. 101. Committee of scientists.
Sec. 102. Continuous forest inventory.
Sec. 103. Administration and management.
Sec. 104. Conforming amendments.
  TITLE II--PROTECTION FOR ANCIENT FORESTS, ROADLESS AREAS, WATERSHED 
                  PROTECTION AREAS, AND SPECIAL AREAS

Sec. 201. Findings.
Sec. 202. Definitions.
Sec. 203. Designation of special areas.
Sec. 204. Restrictions on management activities in Ancient forests, 
                            roadless areas, watershed protection areas, 
                            and special areas.
                       TITLE III--EFFECTIVE DATE

Sec. 301. Effective date.
Sec. 302. Effect on existing contracts.
Sec. 303. Wilderness act exclusion.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) Federal agencies that permit clearcutting and other 
        forms of even-age logging operations include the Forest 
        Service, the United States Fish and Wildlife Service, and the 
        Bureau of Land Management;
            (2) clearcutting and other forms of even-age logging 
        operations cause substantial alterations in native biodiversity 
        by--
                    (A) emphasizing the production of a limited number 
                of commercial species, and often only a single species, 
                of trees on each site;
                    (B) manipulating the vegetation toward greater 
                relative density of the commercial species;
                    (C) suppressing competing species; and
                    (D) requiring the planting, on numerous sites, of a 
                commercial strain of the species that reduces the 
                relative diversity of other genetic strains of the 
                species that were traditionally located on the same 
                sites;
            (3) clearcutting and other forms of even-age logging 
        operations--
                    (A) frequently lead to the death of immobile 
                species and the very young of mobile species of 
                wildlife; and
                    (B) deplete the habitat of deep-forest species of 
                animals, including endangered species and threatened 
                species;
            (4)(A) clearcutting and other forms of even-age logging 
        operations--
                    (i) expose the soil to direct sunlight and the 
                impact of precipitation;
                    (ii) disrupt the soil surface;
                    (iii) compact organic layers; and
                    (iv) disrupt the run-off restraining capabilities 
                of roots and low-lying vegetation, resulting in soil 
                erosion, the leaching of nutrients, a reduction in the 
                biological content of soil, and the impoverishment of 
                soil; and
            (B) all of the consequences described in subparagraph (A) 
        have a long-range deleterious effect on all land resources, 
        including timber production;
            (5) clearcutting and other forms of even-age logging 
        operations aggravate global climate change by--
                    (A) decreasing the capability of the soil to retain 
                carbon; and
                    (B) during the critical periods of felling and site 
                preparation, reducing the capacity of the biomass to 
                process and to store carbon, with a resultant loss of 
                stored carbon to the atmosphere;
            (6) clearcutting and other forms of even-age logging 
        operations render soil increasingly sensitive to acid deposits 
        by causing a decline of soil wood and coarse woody debris;
            (7) a decline of solid wood and coarse woody debris reduces 
        the capacity of soil to retain water and nutrients, which in 
        turn increases soil heat and impairs soil's ability to maintain 
        protective carbon compounds on the soil surface;
            (8) clearcutting and other forms of even-age logging 
        operations result in--
                    (A) increased stream sedimentation and the silting 
                of stream bottoms;
                    (B) a decline in water quality;
                    (C) the impairment of life cycles and spawning 
                processes of aquatic life from benthic organisms to 
                large fish; and
                    (D) as a result of the effects described in 
                subparagraphs (A) through (C), a depletion of the sport 
                and commercial fisheries of the United States;
            (9) clearcutting and other forms of even-age management of 
        Federal forests disrupt natural disturbance regimes that are 
        critical to ecosystem function;
            (10) clearcutting and other forms of even-age logging 
        operations increase harmful edge effects, including--
                    (A) blowdowns;
                    (B) invasions by weed species; and
                    (C) heavier losses to predators and competitors;
            (11) by reducing the number of deep, canopied, variegated, 
        permanent forests, clearcutting and other forms of even-age 
        logging operations--
                    (A) limit areas where the public can satisfy an 
                expanding need for recreation; and
                    (B) decrease the recreational value of land;
            (12) clearcutting and other forms of even-age logging 
        operations replace forests described in paragraph (11) with a 
        surplus of clearings that grow into relatively impenetrable 
        thickets of saplings, and then into monoculture tree 
        plantations;
            (13) because of the harmful and, in many cases, 
        irreversible, damage to forest species and forest ecosystems 
        caused by logging of Ancient and roadless forests, 
        clearcutting, and other forms of even-age management, it is 
        important that these practices be halted based on the 
        precautionary principle;
            (14) human beings depend on native biological resources, 
        including plants, animals, and micro-organisms--
                    (A) for food, medicine, shelter, and other 
                important products; and
                    (B) as a source of intellectual and scientific 
                knowledge, recreation, and aesthetic pleasure;
            (15) alteration of native biodiversity has serious 
        consequences for human welfare, as the United States 
        irretrievably loses resources for research and agricultural, 
        medicinal, and industrial development;
            (16) alteration of biodiversity in Federal forests 
        adversely affects the functions of ecosystems and critical 
        ecosystem processes that--
                    (A) moderate climate;
                    (B) govern nutrient cycles and soil conservation 
                and production;
                    (C) control pests and diseases; and
                    (D) degrade wastes and pollutants;
            (17)(A) clearcutting and other forms of even-age management 
        operations have significant deleterious effects on native 
        biodiversity, by reducing habitat and food for cavity-nesting 
        birds and insectivores such as the 3-toed woodpecker and hairy 
        woodpecker and for neotropical migratory bird species; and
            (B) the reduction in habitat and food supply could disrupt 
        the lines of dependency among species and their food resources 
        and thereby jeopardize critical ecosystem function, including 
        limiting outbreaks of destructive insect populations; for 
        example--
                    (i) the 3-toed woodpecker requires clumped snags in 
                spruce-fir forests, and 99 percent of its winter diet 
                is composed of insects, primarily spruce beetles; and
                    (ii) a 3-toed woodpecker can consume as much as 26 
                percent of the brood of an endemic population of spruce 
                bark beetle and reduce brood survival of the population 
                by 70 to 79 percent;
            (18) the harm of clearcutting and other forms of even-age 
        logging operations on the natural resources of the United 
        States and the quality of life of the people of the United 
        States is substantial, severe, and avoidable;
            (19) by substituting selection management, as required by 
        this Act, for clearcutting and other forms of even-age logging 
        operations, the Federal agencies involved with those logging 
        operations would substantially reduce devastation to the 
        environment and improve the quality of life of the people of 
        the United States;
            (20) selection management--
                    (A) retains natural forest structure and function;
                    (B) focuses on long-term rather than short-term 
                management;
                    (C) works with, rather than against, the checks and 
                balances inherent in natural processes; and
                    (D) permits the normal, natural processes in a 
                forest to allow the forest to go through the natural 
                stages of succession to develop a forest with old 
                growth ecological functions;
            (21) by protecting native biodiversity, as required by this 
        Act, Federal agencies would maintain vital native ecosystems 
        and improve the quality of life of the people of the United 
        States;
            (22) selection logging--
                    (A) is more job intensive, and therefore provides 
                more employment than clearcutting and other forms of 
                even-age logging operations to manage the same quantity 
                of timber production; and
                    (B) produces higher quality sawlogs than 
                clearcutting and other forms of even-age logging 
                operations; and
            (23) the judicial remedies available to enforce Federal 
        forest laws are inadequate, and should be strengthened by 
        providing for injunctions, declaratory judgments, statutory 
        damages, and reasonable costs of suit.
    (b) Purpose.--The purpose of this Act is to conserve native 
biodiversity and protect all native ecosystems on all Federal land 
against losses that result from--
            (1) clearcutting and other forms of even-age logging 
        operations; and
            (2) logging in Ancient forests, roadless areas, watershed 
        protection areas, and special areas.

                        TITLE I--LAND MANAGEMENT

SEC. 101. COMMITTEE OF SCIENTISTS.

    Section 6 of the Forest and Rangeland Renewable Resources Planning 
Act of 1974 (16 U.S.C. 1604) is amended by striking subsection (h) and 
inserting the following:
    ``(h) Committee of Scientists.--
            ``(1) In general.--To carry out subsection (g), the 
        Secretary shall appoint a committee composed of scientists--
                    ``(A) who are not officers or employees of the 
                Forest Service, of any other public entity, or of any 
entity engaged in whole or in part in the production of wood or wood 
products;
                    ``(B) not more than one-third of whom have 
                contracted with or represented any entity described in 
                subparagraph (A) during the 5-year period ending on the 
                date of the proposed appointment to the committee; and
                    ``(C) not more than one-third of whom are 
                foresters.
            ``(2) Qualifications of foresters.--A forester appointed to 
        the committee shall be an individual with--
                    ``(A) extensive training in conservation biology; 
                and
                    ``(B) field experience in selection management.
            ``(3) Duties.--The committee shall provide scientific and 
        technical advice and counsel on proposed guidelines and 
        procedures and all other issues involving forestry and native 
        biodiversity to promote an effective interdisciplinary approach 
        to forestry and native biodiversity.
            ``(4) Termination.--The committee shall terminate on the 
        date that is 10 years after the date of enactment of the Act to 
        Save America's Forests.''

SEC. 102. CONTINUOUS FOREST INVENTORY.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, each of the Chief of the Forest Service, the Director of 
the United States Fish and Wildlife Service, and the Director of the 
Bureau of Land Management (referred to individually as an ``agency 
head'') shall prepare a continuous inventory of forest land 
administered by those agency heads, respectively.
    (b) Requirements.--A continuous forest inventory shall constitute a 
long-term monitoring and inventory system that--
            (1) is contiguous throughout affected Federal forest land; 
        and
            (2) is based on a set of permanent plots that are 
        inventoried every 10 years to--
                    (A) assess the impacts that human activities are 
                having on management of the ecosystem;
                    (B) gauge--

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