S 1028 IS
105th CONGRESS
1st Session
To direct the Secretary of Agriculture to conduct a pilot project on designated lands within Plumas, Lassen, and Tahoe National Forests in the State of California to demonstrate the effectiveness of the resource management activities proposed by the Quincy Library Group and to amend current land and resource management plans for these national forests to consider the incorporation of these resource management activities.
IN THE SENATE OF THE UNITED STATES
July 17, 1997
Mrs. FEINSTEIN (for herself and Mrs. BOXER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Secretary of Agriculture to conduct a pilot project on designated lands within Plumas, Lassen, and Tahoe National Forests in the State of California to demonstrate the effectiveness of the resource management activities proposed by the Quincy Library Group and to amend current land and resource management plans for these national forests to consider the incorporation of these resource management activities.
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 `Quincy Library Group Forest Recovery and Economic Stability Act of 1997'.
SEC. 2. PILOT PROJECT FOR PLUMAS, LASSEN, AND TAHOE NATIONAL FORESTS TO IMPLEMENT QUINCY LIBRARY GROUP PROPOSAL.
(a) DEFINITION- For purposes of this section, the term `Quincy Library Group-Community Stability Proposal' means the agreement by a coalition of representatives of fisheries, timber, environmental, county government, citizen groups, and local communities that formed in northern California to develop a resource management program that promotes ecologic and economic health for certain Federal lands and communities in the Sierra Nevada area. Such proposal includes the map entitled `QUINCY LIBRARY GROUP Community Stability Proposal', dated June 1993, and prepared by VESTRA Resources of Redding, California.
(b) PILOT PROJECT REQUIRED-
(1) PILOT PROJECT AND PURPOSE- The Secretary of Agriculture (in this section referred to as the `Secretary'), acting through the Forest Service and after completion of an environmental impact statement (a record of decision for which shall be adopted within 200 days), shall conduct a pilot project on the Federal lands described in paragraph (2) to implement and demonstrate the effectiveness of the resource management activities described in subsection (d) and the other requirements of this section, as recommended in the Quincy Library Group-Community Stability Proposal.
(2) PILOT PROJECT AREA- The Secretary shall conduct the pilot project on the Federal lands within Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District of Tahoe National Forest in the State of California designated as `Available for Group Selection' on the map entitled `QUINCY LIBRARY GROUP Community Stability Proposal', dated June 1993 (in this section referred to as the `pilot project area'). Such map shall be on file and available for inspection in the appropriate offices of the Forest Service.
(c) EXCLUSION OF CERTAIN LANDS, RIPARIAN PROTECTION AND COMPLIANCE-
(1) EXCLUSION- All spotted owl habitat areas and protected activity centers located within the pilot project area designated under subsection (b)(2) will be deferred from resource management activities required under subsection (d) and timber harvesting during the term of the pilot project.
(2) IN GENERAL- The Regional Forester for region 5 shall direct that during the term of the pilot project any resource management activity required by subsection (d), all road building, and all timber harvesting activities shall not be conducted on the Federal lands within the Plumas National Forest, Lassen National Forest, and Sierraville Ranger District of the Tahoe National Forest in the State of California that are designated as either `Off Base' or `Deferred' on the map referred to in subsection (a).
(A) IN GENERAL- The Scientific Analysis Team guidelines for riparian system protection described in subparagraph (B) shall apply to all resource management activities conducted under subsection (d) and all timber harvesting activities that occur in the pilot project area during the term of the pilot project.
(B) GUIDELINES DESCRIBED- The guidelines referred to in subparagraph (A) are those in the document entitled `Viability Assessments and Management Considerations for Species Associated with Late-Successional and Old-Growth Forests of the Pacific Northwest', a Forest Service research document dated March 1993 and co-authored by the Scientific Analysis Team, including Dr. Jack Ward Thomas.
(4) COMPLIANCE- All resource management activities required by subsection (d) shall be implemented to the extent consistent with applicable Federal law and the standards and guidelines for the conservation of the California spotted owl as set forth in the California Spotted Owl Sierran Provence Interim Guidelines, or the subsequently issued final guidelines whichever is in effect.
(d) RESOURCE MANAGEMENT ACTIVITIES- During the term of the pilot project, the Secretary shall implement and carry out the following resource management activities on an acreage basis on the Federal lands included within the pilot project area designated under subsection (b)(2):
(1) FUELBREAK CONSTRUCTION- Construction of a strategic system of defensible fuel profile zones, including shaded fuelbreaks, utilizing thinning, individual tree selection, and other methods of vegetation management consistent with the Quincy Library Group-Community Stability Proposal, on not less than 40,000, but not more than 60,000, acres per year.
(2) GROUP SELECTION AND INDIVIDUAL TREE SELECTION- Utilization of group selection and individual tree selection uneven-aged forest management prescriptions described in the Quincy Library Group-Community Stability Proposal to achieve a desired future condition of all-age, multistory, fire resilient forests as follows:
(A) GROUP SELECTION- Group selection on an average acreage of .57 percent of the pilot project area land each year of the pilot project.
(B) INDIVIDUAL TREE SELECTION- Individual tree selection may also be utilized within the pilot project area.
(3) TOTAL ACREAGE- The total acreage on which resource management activities are implemented under this subsection shall not exceed 70,000 acres each year.
(4) RIPARIAN MANAGEMENT- A program of riparian management, including wide protection zones and riparian restoration projects, consistent with riparian protection guidelines in subsection (c)(2)(B).
(e) COST-EFFECTIVENESS- In conducting the pilot project, Secretary shall use the most cost-effective means available, as determined by the Secretary, to implement resource management activities described in subsection (d).
(f) FUNDING-
(1) SOURCE OF FUNDS- In conducting the pilot project, the Secretary shall use, subject to the relevant reprogramming guidelines of the House and Senate Committees on Appropriations--
(A) those funds specifically provided to the Forest Service by the Secretary to implement resource management activities according to the Quincy Library Group-Community
Stability Proposal; and (B) excess funds that are allocated for the administration and management of Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District of Tahoe National Forest.
(2) PROHIBITION ON USE OF CERTAIN FUNDS- The Secretary may not conduct the pilot project using funds appropriated for any other unit of the National Forest System.
(3) FLEXIBILITY- Subject to normal reprogramming guidelines, during the term of the pilot project, the forest supervisors of Plumas National Forest, Lassen National Forest, and Tahoe National Forest may allocate and use all accounts that contain excess funds and all available excess funds for the administration and management of Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District of Tahoe National Forest to perform the resource management activities described in subsection (d).
(4) RESTRICTION- The Secretary or the forest supervisors, as the case may be, shall not utilize authority provided under paragraphs (1)(B) and (3) if, in their judgment, doing so will limit other nontimber related multiple use activities for which such funds were available.
(5) OVERHEAD- Of amounts available to carry out this section-- (A) not more than 12 percent may be used or allocated for general administration or other overhead; and (B) at least 88 percent shall be used to implement and carry out activities required by this section.
(6) AUTHORIZED SUPPLEMENTAL FUNDS- There are authorized to be appropriated to implement and carry out the pilot project such sums as are necessary.
(7) BASELINE FUNDS- Amounts available for resource management activities authorized under subsection (d) shall at a minimum include existing baseline funding levels.
(g) TERM OF PILOT PROJECT- The Secretary shall conduct the pilot project during the period beginning on the date of the enactment of this Act and ending on the later of the following:
(1) The date on which the Secretary completes amendment or revision of the land and resource management plans for Plumas National Forest, Lassen National Forest, and Tahoe National Forest pursuant to subsection (i).
(2) The date that is five years after the date of the commencement of the pilot project.
(h) CONSULTATION- (1) Each statement required by subsection (b)(1) shall be prepared in consultation with the Quincy Library Group.
(2) CONTRACTING- The Forest Service, subject to the availability of appropriations, may carry out any (or all) of the requirements of this section using private contracts.
(i) CORRESPONDING FOREST PLAN AMENDMENTS- Within 180 days after the date of the enactment of this Act, the Regional Forester for Region 5 shall initiate the process to amend or revise the land and resource management plans for Plumas National Forest, Lassen National Forest, and Tahoe National Forest. The process shall include preparation of at least one alternative that--
(1) incorporates the pilot project and area designations made by subsection (b), the resource management activities described in subsection (d), and other aspects of the Quincy Library Group Community Stability Proposal; and (2) makes other changes warranted by the analyses conducted in compliance with section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), and other applicable laws.
(j) REPORTING REQUIREMENTS-
(1) IN GENERAL- Not later than February 28 of each year during the term of the pilot project, the Secretary after consultation with the Quincy Library Group, shall submit to Congress a report on the status of the pilot project. The report shall include at least the following:
(A) A complete accounting of the use of funds made available under subsection (f)(1)(A) until such funds are fully expended.
(B) A complete accounting of the use of funds and accounts made available under subsection (f)(1) for the previous fiscal year, including a schedule of the amounts drawn from each account used to perform resource management activities described in subsection (d).
(C) A description of total acres treated for each of the resource management activities required under subsection (d), forest health improvements, fire risk reductions, water yield increases, and other natural resources-related benefits achieved by the implementation of the resource management activities described in subsection (d).
(D) A description of the economic benefits to local communities achieved by the implementation of the pilot project.
(E) A comparison of the revenues generated by, and costs incurred in, the implementation of the resource management activities described in subsection (d) on the Federal lands included in the pilot project area with the revenues and costs during each of the fiscal years 1992 through 1997 for timber management of such lands before their inclusion in the pilot project.
(F) A schedule for the resource management activities to be undertaken in the pilot project area during the calendar year.
(G) A description of any adverse environmental impacts.
(2) LIMITATION ON EXPENDITURES- The amount of Federal funds expended on each annual report under this subsection shall not exceed $50,000.
(k) FINAL REPORT-
(1) IN GENERAL- Beginning after completion of 6 months of the second year of the pilot project, the Secretary shall compile a science-based assessment of, and report on, the effectiveness of the pilot project in meeting the stated goals of this pilot project. Such assessment and report--
(A) shall include watershed monitoring of lands treated under this section, that should address the following issues on a priority basis: timing of water releases, water quality changes, and water yield changes over the short and long term in the pilot project area;
(B) shall include an analysis of any adverse environmental impacts;
(C) shall be compiled in consultation with the Quincy Library Group; and
(D) shall be submitted to the Congress by July 1, 2002.
(2) LIMITATIONS ON EXPENDITURES- The amount of Federal funds expended for the assessment and report under this subsection, other than for watershed monitoring under paragraph (1)(A), shall not exceed $150,000. The amount of Federal funds expended for watershed monitoring under paragraph (1)(A) shall not exceed $75,000 for each of fiscal years 2000, 2001, and 2002.
(l) RELATIONSHIP TO OTHER LAWS- Nothing in this section exempts the pilot project from any Federal environmental law.