[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2593 Reported in Senate (RS)]
Calendar No. 802
110th CONGRESS
2d Session
S. 2593
[Report No. 110-370]
To establish a program at the Forest Service and the Department of the
Interior to carry out collaborative ecological restoration treatments
for priority forest landscapes on public land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 5, 2008
Mr. Bingaman (for himself, Mr. Domenici, Mrs. Feinstein, Mr. Allard,
Mr. Wyden, Mr. Salazar, Ms. Cantwell, Mr. Craig, Mr. Akaka, Mr. Crapo,
and Mrs. Murray) introduced the following bill; which was read twice
and referred to the Committee on Energy and Natural Resources
June 16, 2008
Reported by Mr. Bingaman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish a program at the Forest Service and the Department of the
Interior to carry out collaborative ecological restoration treatments
for priority forest landscapes on public land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Forest Landscape
Restoration Act of 2008''.</DELETED>
<DELETED>SEC. 2. PURPOSE.</DELETED>
<DELETED> The purpose of this Act is to encourage the collaborative,
science-based ecosystem restoration of priority forest landscapes
through a process that--</DELETED>
<DELETED> (1) encourages ecological, economic, and social
sustainability;</DELETED>
<DELETED> (2) leverages local resources with national and
private resources;</DELETED>
<DELETED> (3) facilitates the reduction of wildfire
management costs, including through reestablishing natural fire
regimes and reducing the risk of uncharacteristic wildfire;
and</DELETED>
<DELETED> (4) demonstrates the degree to which--</DELETED>
<DELETED> (A) various ecological restoration
techniques--</DELETED>
<DELETED> (i) achieve ecological health
objectives; and</DELETED>
<DELETED> (ii) affect wildfire activity and
management costs; and</DELETED>
<DELETED> (B) the use of forest restoration
byproducts can offset treatment costs while benefitting
rural economies and improving forest health.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Fund.--The term ``Fund'' means the
Collaborative Forest Landscape Restoration Fund established by
section 4(f).</DELETED>
<DELETED> (2) Plan.--The term ``Plan'' means the plan
entitled the ``10 Year Comprehensive Strategy Implementation
Plan'' and dated December 2006.</DELETED>
<DELETED> (3) Program.--The term ``program'' means the
Collaborative Forest Landscape Restoration Program established
under section 4(a).</DELETED>
<DELETED> (4) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture, acting through the Chief of the
Forest Service.</DELETED>
<DELETED>SEC. 4. COLLABORATIVE FOREST LANDSCAPE RESTORATION
PROGRAM.</DELETED>
<DELETED> (a) In General.--The Secretary, in consultation with the
Secretary of the Interior, shall establish a Collaborative Forest
Landscape Restoration Program to select and fund ecological restoration
treatments for priority forest landscapes in accordance with applicable
law.</DELETED>
<DELETED> (b) Eligibility Criteria.--To be eligible for nomination
under subsection (c), a collaborative forest landscape restoration
proposal shall--</DELETED>
<DELETED> (1) be based on a landscape restoration strategy
that--</DELETED>
<DELETED> (A) is complete or substantially
complete;</DELETED>
<DELETED> (B) identifies and prioritizes ecological
restoration treatments for a 10-year period across a
landscape that is--</DELETED>
<DELETED> (i) at least 50,000
acres;</DELETED>
<DELETED> (ii) comprised primarily of
forested National Forest System land, but may
also include other Federal, State, tribal, or
private land;</DELETED>
<DELETED> (iii) in need of active ecosystem
restoration; and</DELETED>
<DELETED> (iv) accessible by existing or
proposed wood-processing infrastructure at an
appropriate scale to use woody biomass and
small-diameter wood removed in ecological
restoration treatments;</DELETED>
<DELETED> (C) incorporates--</DELETED>
<DELETED> (i) the best available science and
scientific application tools in ecological
restoration strategies; and</DELETED>
<DELETED> (ii) the requirements for old-
growth maintenance, restoration, and management
direction of paragraphs (2), (3), and (4) of
subsection (e) and the requirements for large-
tree retention of subsection (f) of section 102
of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6512); and</DELETED>
<DELETED> (D) does not include the establishment of
permanent roads;</DELETED>
<DELETED> (2) be developed and implemented through a
collaborative process that--</DELETED>
<DELETED> (A) includes multiple stakeholders
representing diverse interests;</DELETED>
<DELETED> (B)(i) is transparent and nonexclusive;
or</DELETED>
<DELETED> (ii) meets the requirements for a resource
advisory committee under section 205 of the Secure
Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 500 note; Public Law 106-393);
and</DELETED>
<DELETED> (C) has an established record of
successful planning and implementation of ecological
restoration projects on National Forest System
land;</DELETED>
<DELETED> (3) describe plans to--</DELETED>
<DELETED> (A) use fire for ecological restoration
and maintenance, where appropriate;</DELETED>
<DELETED> (B) improve fish and wildlife habitat,
including for endangered, threatened, and sensitive
species;</DELETED>
<DELETED> (C) maintain or improve water
quality;</DELETED>
<DELETED> (D) prevent, remediate, or control
invasions of exotic species;</DELETED>
<DELETED> (E) maintain or decommission
roads;</DELETED>
<DELETED> (F) use woody biomass and small-diameter
trees produced from projects implementing the landscape
restoration strategy;</DELETED>
<DELETED> (G) report annually on performance,
including through performance measures from the
Plan;</DELETED>
<DELETED> (H) develop small business incubators and
provide employment and training opportunities to people
in rural communities, including contracts for
monitoring activities, through--</DELETED>
<DELETED> (i) local private, nonprofit, or
cooperative entities;</DELETED>
<DELETED> (ii) Youth Conservation Corps
crews or related partnerships, with State,
local, and non-profit youth groups;</DELETED>
<DELETED> (iii) small or micro-businesses;
or</DELETED>
<DELETED> (iv) other entities that will hire
or train a significant percentage of local
people to complete such contracts;
and</DELETED>
<DELETED> (I) take into account any applicable
community wildfire protection plan (as defined in
section 101 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6511));</DELETED>
<DELETED> (4) analyze the anticipated cost savings resulting
from--</DELETED>
<DELETED> (A) reduced wildfire management costs;
and</DELETED>
<DELETED> (B) a decrease in the unit costs of
implementing ecological restoration treatments over
time;</DELETED>
<DELETED> (5) estimate--</DELETED>
<DELETED> (A) the annual Federal funding necessary
to implement the proposal; and</DELETED>
<DELETED> (B) the amount of new non-Federal
investment for carrying out the proposal that would be
leveraged by Federal funding for ecological restoration
treatments; and</DELETED>
<DELETED> (6) be subject to any other requirements that the
Secretary determines to be necessary for the efficient and
effective administration of the program.</DELETED>
<DELETED> (c) Nomination Process.--</DELETED>
<DELETED> (1) Submission.--Collaborative forest landscape
restoration proposals shall be submitted to the appropriate
Regional Forester for consideration.</DELETED>
<DELETED> (2) Nomination.--A Regional Forester may nominate
collaborative forest landscape restoration proposals for
selection by the Secretary.</DELETED>
<DELETED> (3) Documentation.--With respect to each
collaborative forest landscape restoration proposal that is
nominated under paragraph (2)--</DELETED>
<DELETED> (A) the appropriate Regional Forester
shall--</DELETED>
<DELETED> (i) include a proposal to use
Federal funds allocated to the region to fund
those costs of planning and carrying out
ecological restoration treatments on National
Forest land consistent with the landscape
restoration strategy that would not be covered
by amounts transferred to the Secretary from
the Fund; and</DELETED>
<DELETED> (ii) provide evidence that amounts
proposed to be transferred to the Secretary
from the Fund during the first 2 years
following selection would be used to carry out
ecological restoration treatments consistent
with the landscape restoration strategy during
the same fiscal year in which the funds are
transferred to the Secretary;</DELETED>
<DELETED> (B) if actions under the jurisdiction of
the Secretary of the Interior are proposed, the
nomination shall require--</DELETED>
<DELETED> (i) the concurrence of the
appropriate official of the Department of the
Interior; and</DELETED>
<DELETED> (ii) a proposal to fund ecological
restoration treatments consistent with the
landscape restoration strategy that would be
carried out by the Secretary of the Interior;
and</DELETED>
<DELETED> (C) if actions on land not under the
jurisdiction of the Secretary or the Secretary of the
Interior are proposed, the appropriate Regional
Forester shall provide evidence that the landowner
intends to participate in, and provide appropriate
funding to carry out, the actions.</DELETED>
<DELETED> (d) Selection Process.--</DELETED>
<DELETED> (1) In general.--After consulting with any
scientific and technical advisory panels established under
subsection (e), the Secretary, in consultation with the
Secretary of the Interior, shall, subject to paragraph (2),
select the best collaborative forest landscape restoration
proposals that--</DELETED>
<DELETED> (A) have been nominated under subsection
(c)(2); and</DELETED>
<DELETED> (B) meet the eligibility criteria
established by subsection (b).</DELETED>
<DELETED> (2) Criteria.--In selecting collaborative forest
landscape restoration proposals under paragraph (1), the
Secretary shall give special consideration to--</DELETED>
<DELETED> (A) the strength of the ecological case of
the proposal for landscape restoration and the proposed
restoration strategies;</DELETED>
<DELETED> (B) the strength of the collaborative
process;</DELETED>
<DELETED> (C) whether the proposal would reduce the
relative costs of carrying out treatments as a result
of the use of woody biomass and small-diameter
trees;</DELETED>
<DELETED> (D) whether the proposal is likely to
achieve reductions in long-term wildfire management
costs;</DELETED>
<DELETED> (E) the strength of the landscape
restoration proposal and strategy; and</DELETED>
<DELETED> (F) whether an appropriate level of non-
Federal investment would be leveraged in carrying out
the proposal.</DELETED>
<DELETED> (3) Limitation.--The Secretary may select not more
than--</DELETED>
<DELETED> (A) 10 collaborative forest landscape
restoration proposals to be funded during any given
year; and</DELETED>
<DELETED> (B) 2 collaborative forest landscape
restoration proposals in any 1 region of the National
Forest System to be funded during any given
year.</DELETED>
<DELETED> (e) Advisory Panels.--</DELETED>
<DELETED> (1) Scientific advisory panel.--The Secretary
shall establish a scientific advisory panel comprised of not
more than 12 experts in ecological forest restoration and fire
ecology to evaluate, and provide recommendations on, any
proposal that has been nominated under subsection (c)(2) and
meets the eligibility criteria established by subsection (b)
with respect to--</DELETED>
<DELETED> (A) the strength of the ecological case of
the proposal for landscape restoration and the proposed
restoration strategies; and</DELETED>
<DELETED> (B) whether the proposal is likely to
achieve reductions in long-term wildfire management
costs.</DELETED>
<DELETED> (2) Technical advisory panel.--The Secretary may
establish a technical advisory panel comprised of experts in
rural business development and the use of woody biomass and
small-diameter trees to evaluate, and provide recommendations
on, any proposal that has been nominated under subsection
(c)(2) and meets the eligibility criteria established by
subsection (b) with respect to whether the proposal is likely
to reduce the relative costs of carrying out treatments as a
result of the use of woody biomass and small-diameter trees and
provide local economic benefit.</DELETED>
<DELETED> (f) Collaborative Forest Landscape Restoration Fund.--
</DELETED>
<DELETED> (1) Establishment.--There is established in the
Treasury of the United States a fund, to be known as the
``Collaborative Forest Landscape Restoration Fund'', to be used
to pay up to 50 percent of the cost of carrying out ecological
restoration treatments on National Forest System land for each
collaborative forest landscape restoration proposal selected to
be carried out under subsection (d), consisting of--</DELETED>
<DELETED> (A) such amounts as are appropriated to
the Fund under paragraph (5); and</DELETED>
<DELETED> (B) any interest earned on investment of
amounts in the Fund under paragraph (3).</DELETED>
<DELETED> (2) Expenditures from fund.--On request by the
Secretary, the Secretary of the Treasury shall transfer from
the Fund to the Secretary of Agriculture such amounts as the
Secretary of Agriculture determines are necessary to carry out
ecological restoration treatments under paragraph
(1).</DELETED>
<DELETED> (3) Investment of amounts.--</DELETED>
<DELETED> (A) In general.--The Secretary of the
Treasury shall invest such portion of the Fund as is
not, in the judgment of the Secretary of the Treasury,
after consulting with the Secretary, required to meet
current withdrawals.</DELETED>
<DELETED> (B) Interest-bearing obligations.--
Investments may be made only in interest-bearing
obligations of the United States.</DELETED>
<DELETED> (C) Acquisition of obligations.--For the
purpose of investments under subparagraph (A),
obligations may be acquired--</DELETED>
<DELETED> (i) on original issue at the issue
price; or</DELETED>
<DELETED> (ii) by purchase of outstanding
obligations at the market price.</DELETED>
<DELETED> (D) Sale of obligations.--Any obligation
acquired by the Fund may be sold by the Secretary of
the Treasury at the market price.</DELETED>
<DELETED> (E) Credits to fund.--The interest on, and
the proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.</DELETED>
<DELETED> (4) Accounting and reporting system.--The
Secretary shall establish an accounting and reporting system
for the Fund.</DELETED>
<DELETED> (5) Authorization of appropriations.--There is
authorized to be appropriated to the Fund $40,000,000 for each
of fiscal years 2008 through 2018, to remain available until
expended.</DELETED>
<DELETED> (g) Program Implementation and Monitoring.--</DELETED>
<DELETED> (1) Work plan.--Not later than 180 days after the
date on which a collaborative forest landscape restoration
proposal is selected to be carried out, the Secretary shall
create, in collaboration with the interested stakeholders, an
implementation work plan and budget to implement the
collaborative forest landscape restoration proposal that
includes--</DELETED>
<DELETED> (A) a description of the manner in which
the proposal would be implemented to achieve ecological
and community economic benefit, including capacity
building to accomplish restoration;</DELETED>
<DELETED> (B) a business plan that addresses--
</DELETED>
<DELETED> (i) the anticipated unit treatment
cost reductions over 10 years;</DELETED>
<DELETED> (ii) the anticipated costs for
infrastructure needed for the
proposal;</DELETED>
<DELETED> (iii) the projected sustainability
of the supply of woody biomass and small-
diameter trees removed in ecological
restoration treatments; and</DELETED>
<DELETED> (iv) the projected local economic
benefits of the proposal; and</DELETED>
<DELETED> (C) documentation of the non-Federal
investment in the priority landscape, including the
sources and uses of the investments.</DELETED>
<DELETED> (2) Project implementation.--Amounts transferred
to the Secretary from the Fund shall be used to carry out
ecological restoration treatments that are--</DELETED>
<DELETED> (A) consistent with the landscape
restoration proposal and strategy; and</DELETED>
<DELETED> (B) identified through the collaborative
process described in subsection (b)(2).</DELETED>
<DELETED> (3) Annual report.--Annually, the Secretary, in
collaboration with the Secretary of the Interior and interested
stakeholders, shall prepare a report on the accomplishments of
each selected collaborative forest landscape restoration
proposal that includes--</DELETED>
<DELETED> (A) a description of all acres (or other
appropriate unit) treated and restored through projects
implementing the landscape restoration
strategy;</DELETED>
<DELETED> (B) an evaluation of progress, including
performance measures and how prior year evaluations
have contributed to improved project
performance;</DELETED>
<DELETED> (C) a description of community benefits
achieved, including any local economic
benefits;</DELETED>
<DELETED> (D) the results of the multiparty
monitoring, evaluation, and accountability process
under paragraph (4); and</DELETED>
<DELETED> (E) a summary of the costs of--</DELETED>
<DELETED> (i) treatments; and</DELETED>
<DELETED> (ii) relevant fire management
activities.</DELETED>
<DELETED> (4) Multiparty monitoring.--The Secretary shall,
in collaboration with the Secretary of the Interior and
interested stakeholders, use a multiparty monitoring,
evaluation, and accountability process to assess the positive
or negative ecological, social, and economic effects of each
project implementing a selected collaborative forest landscape
restoration proposal for not less than 15 years after project
implementation commences.</DELETED>
<DELETED> (h) Report.--Not later than 5 years after the first fiscal
year in which funding is made available to carry out ecological
restoration projects under the program, and every 5 years thereafter,
the Secretary, in consultation with the Secretary of the Interior,
shall submit a report on the program, including an assessment of
whether, and to what extent, the program is fulfilling the purposes of
this Act, to--</DELETED>
<DELETED> (1) the Committee on Energy and Natural Resources
of the Senate;</DELETED>
<DELETED> (2) the Committee on Appropriations of the
Senate;</DELETED>
<DELETED> (3) the Committee on Natural Resources of the
House of Representatives; and</DELETED>
<DELETED> (4) the Committee on Appropriations of the House
of Representatives.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forest Landscape Restoration Act of
2008''.
SEC. 2. PURPOSE.
The purpose of this Act is to encourage the collaborative, science-
based ecosystem restoration of priority forest landscapes through a
process that--
(1) encourages ecological, economic, and social
sustainability;
(2) leverages local resources with national and private
resources;
(3) facilitates the reduction of wildfire management costs,
including through reestablishing natural fire regimes and
reducing the risk of uncharacteristic wildfire; and
(4) demonstrates the degree to which--
(A) various ecological restoration techniques--
(i) achieve ecological and watershed health
objectives; and
(ii) affect wildfire activity and
management costs; and
(B) the use of forest restoration byproducts can
offset treatment costs while benefitting local rural
economies and improving forest health.
SEC. 3. DEFINITIONS.
In this Act:
(1) Fund.--The term ``Fund'' means the Collaborative Forest
Landscape Restoration Fund established by section 4(f).
(2) Program.--The term ``program'' means the Collaborative
Forest Landscape Restoration Program established under section
4(a).
(3) Proposal.--The term ``proposal'' means a collaborative
forest landscape restoration proposal described in section
4(b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(5) Strategy.--The term ``strategy'' means a landscape
restoration strategy described in section 4(b)(1).
SEC. 4. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.
(a) In General.--The Secretary, in consultation with the Secretary
of the Interior, shall establish a Collaborative Forest Landscape
Restoration Program to select and fund ecological restoration
treatments for priority forest landscapes in accordance with--
(1) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(2) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(3) any other applicable law.
(b) Eligibility Criteria.--To be eligible for nomination under
subsection (c), a collaborative forest landscape restoration proposal
shall--
(1) be based on a landscape restoration strategy that--
(A) is complete or substantially complete;
(B) identifies and prioritizes ecological
restoration treatments for a 10-year period within a
landscape that is--
(i) at least 50,000 acres;
(ii) comprised primarily of forested
National Forest System land, but may also
include land under the jurisdiction of the
Bureau of Land Management, land under the
jurisdiction of the Bureau of Indian Affairs,
or other Federal, State, tribal, or private
land;
(iii) in need of active ecosystem
restoration; and
(iv) accessible by existing or proposed
wood-processing infrastructure at an
appropriate scale to use woody biomass and
small-diameter wood removed in ecological
restoration treatments;
(C) incorporates the best available science and
scientific application tools in ecological restoration
strategies;
(D) fully maintains, or contributes toward the
restoration of, the structure and composition of old
growth stands according to the pre-fire suppression old
growth conditions characteristic of the forest type,
taking into account the contribution of the stand to
landscape fire adaptation and watershed health and
retaining the large trees contributing to old growth
structure;
(E) would carry out any forest restoration
treatments that reduce hazardous fuels by--
(i) focusing on small diameter trees,
thinning, strategic fuel breaks, and fire use
to modify fire behavior, as measured by the
projected reduction of uncharacteristically
severe wildfire effects for the forest type
(such as adverse soil impacts, tree mortality
or other impacts); and
(ii) maximizing the retention of large
trees, as appropriate for the forest type, to
the extent that the trees promote fire-
resilient stands; and
(F)(i) does not include the establishment of
permanent roads; and
(ii) would commit funding to decommission all
temporary roads constructed to carry out the strategy;
(2) be developed and implemented through a collaborative
process that--
(A) includes multiple interested persons
representing diverse interests; and
(B)(i) is transparent and nonexclusive; or
(ii) meets the requirements for a resource advisory
committee under subsections (c) through (f) of section
205 of Public Law 106-393 (16 U.S.C. 500 note);
(3) describe plans to--
(A) reduce the risk of uncharacteristic wildfire,
including through the use of fire for ecological
restoration and maintenance and reestablishing natural
fire regimes, where appropriate;
(B) improve fish and wildlife habitat, including
for endangered, threatened, and sensitive species;
(C) maintain or improve water quality and watershed
function;
(D) prevent, remediate, or control invasions of
exotic species;
(E) maintain, decommission, and rehabilitate roads
and trails;
(F) use woody biomass and small-diameter trees
produced from projects implementing the strategy;
(G) report annually on performance, including
through performance measures from the plan entitled the
``10 Year Comprehensive Strategy Implementation Plan''
and dated December 2006; and
(H) take into account any applicable community
wildfire protection plan;
(4) analyze any anticipated cost savings, including those
resulting from--
(A) reduced wildfire management costs; and
(B) a decrease in the unit costs of implementing
ecological restoration treatments over time;
(5) estimate--
(A) the annual Federal funding necessary to
implement the proposal; and
(B) the amount of new non-Federal investment for
carrying out the proposal that would be leveraged;
(6) describe the collaborative process through which the
proposal was developed, including a description of--
(A) participation by or consultation with State,
local, and Tribal governments; and
(B) any established record of successful
collaborative planning and implementation of ecological
restoration projects on National Forest System land and
other land included in the proposal by the
collaborators; and
(7) benefit local economies by providing local employment
or training opportunities through contracts, grants, or
agreements for restoration planning, design, implementation, or
monitoring with--
(A) local private, nonprofit, or cooperative
entities;
(B) Youth Conservation Corps crews or related
partnerships, with State, local, and non-profit youth
groups;
(C) existing or proposed small or micro-businesses,
clusters, or incubators; or
(D) other entities that will hire or train local
people to complete such contracts, grants, or
agreements; and
(8) be subject to any other requirements that the
Secretary, in consultation with the Secretary of the Interior,
determines to be necessary for the efficient and effective
administration of the program.
(c) Nomination Process.--
(1) Submission.--A proposal shall be submitted to--
(A) the appropriate Regional Forester; and
(B) if actions under the jurisdiction of the
Secretary of the Interior are proposed, the
appropriate--
(i) State Director of the Bureau of Land
Management;
(ii) Regional Director of the Bureau of
Indian Affairs; or
(iii) other official of the Department of
the Interior.
(2) Nomination.--
(A) In general.--A Regional Forester may nominate
for selection by the Secretary any proposals that meet
the eligibility criteria established by subsection (b).
(B) Concurrence.--Any proposal nominated by the
Regional Forester that proposes actions under the
jurisdiction of the Secretary of the Interior shall
include the concurrence of the appropriate--
(i) State Director of the Bureau of Land
Management;
(ii) Regional Director of the Bureau of
Indian Affairs; or
(iii) other official of the Department of
the Interior.
(3) Documentation.--With respect to each proposal that is
nominated under paragraph (2)--
(A) the appropriate Regional Forester shall--
(i) include a plan to use Federal funds
allocated to the region to fund those costs of
planning and carrying out ecological
restoration treatments on National Forest
System land, consistent with the strategy, that
would not be covered by amounts transferred to
the Secretary from the Fund; and
(ii) provide evidence that amounts proposed
to be transferred to the Secretary from the
Fund during the first 2 fiscal years following
selection would be used to carry out ecological
restoration treatments consistent with the
strategy during the same fiscal year in which
the funds are transferred to the Secretary;
(B) if actions under the jurisdiction of the
Secretary of the Interior are proposed, the nomination
shall include a plan to fund such actions, consistent
with the strategy, by the appropriate--
(i) State Director of the Bureau of Land
Management;
(ii) Regional Director of the Bureau of
Indian Affairs; or
(iii) other official of the Department of
the Interior; and
(C) if actions on land not under the jurisdiction
of the Secretary or the Secretary of the Interior are
proposed, the appropriate Regional Forester shall
provide evidence that the landowner intends to
participate in, and provide appropriate funding to
carry out, the actions.
(d) Selection Process.--
(1) In general.--After consulting with the advisory panel
established under subsection (e), the Secretary, in
consultation with the Secretary of the Interior, shall, subject
to paragraph (2), select the best proposals that--
(A) have been nominated under subsection (c)(2);
and
(B) meet the eligibility criteria established by
subsection (b).
(2) Criteria.--In selecting proposals under paragraph (1),
the Secretary shall give special consideration to--
(A) the strength of the proposal and strategy;
(B) the strength of the ecological case of the
proposal and the proposed ecological restoration
strategies;
(C) the strength of the collaborative process and
the likelihood of successful collaboration throughout
implementation;
(D) whether the proposal is likely to achieve
reductions in long-term wildfire management costs;
(E) whether the proposal would reduce the relative
costs of carrying out ecological restoration treatments
as a result of the use of woody biomass and small-
diameter trees; and
(F) whether an appropriate level of non-Federal
investment would be leveraged in carrying out the
proposal.
(3) Limitation.--The Secretary may select not more than--
(A) 10 proposals to be funded during any fiscal
year;
(B) 2 proposals in any 1 region of the National
Forest System to be funded during any fiscal year; and
(C) the number of proposals that the Secretary
determines are likely to receive adequate funding.
(e) Advisory Panel.--
(1) In general.--The Secretary shall establish and maintain
an advisory panel comprised of not more than 15 members to
evaluate, and provide recommendations on, each proposal that
has been nominated under subsection (c)(2).
(2) Representation.--The Secretary shall ensure that the
membership of the advisory panel is fairly balanced in terms of
the points of view represented and the functions to be
performed by the advisory panel.
(3) Inclusion.--The advisory panel shall include experts in
ecological restoration, fire ecology, fire management, rural
economic development, strategies for ecological adaptation to
climate change, fish and wildlife ecology, and woody biomass
and small-diameter tree utilization.
(f) Collaborative Forest Landscape Restoration Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``Collaborative
Forest Landscape Restoration Fund'', to be used to pay up to 50
percent of the cost of carrying out and monitoring ecological
restoration treatments on National Forest System land for each
proposal selected to be carried out under subsection (d).
(2) Inclusion.--The cost of carrying out ecological
restoration treatments as provided in paragraph (1) may, as the
Secretary determines to be appropriate, include cancellation
and termination costs required to be obligated for contracts to
carry out ecological restoration treatments on National Forest
System land for each proposal selected to be carried out under
subsection (d).
(3) Contents.--The Fund shall consist of such amounts as
are appropriated to the Fund under paragraph (6).
(4) Expenditures from fund.--
(A) In general.--On request by the Secretary, the
Secretary of the Treasury shall transfer from the Fund
to the Secretary such amounts as the Secretary
determines are appropriate, in accordance with
paragraph (1).
(B) Limitation.--The Secretary shall not expend
money from the Fund on any 1 proposal--
(i) during a period of more than 10 fiscal
years; or
(ii) in excess of $4,000,000 in any 1
fiscal year.
(5) Accounting and reporting system.--The Secretary shall
establish an accounting and reporting system for the Fund.
(6) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $40,000,000 for each of fiscal
years 2009 through 2019, to remain available until expended.
(g) Program Implementation and Monitoring.--
(1) Work plan.--Not later than 180 days after the date on
which a proposal is selected to be carried out, the Secretary
shall create, in collaboration with the interested persons, an
implementation work plan and budget to implement the proposal
that includes--
(A) a description of the manner in which the
proposal would be implemented to achieve ecological and
community economic benefit, including capacity building
to accomplish restoration;
(B) a business plan that addresses--
(i) the anticipated unit treatment cost
reductions over 10 years;
(ii) the anticipated costs for
infrastructure needed for the proposal;
(iii) the projected sustainability of the
supply of woody biomass and small-diameter
trees removed in ecological restoration
treatments; and
(iv) the projected local economic benefits
of the proposal; and
(C) documentation of the non-Federal investment in
the priority landscape, including the sources and uses
of the investments; and
(D) a plan to decommission any temporary roads
established to carry out the proposal.
(2) Project implementation.--Amounts transferred to the
Secretary from the Fund shall be used to carry out ecological
restoration treatments that are--
(A) consistent with the proposal and strategy; and
(B) identified through the collaborative process
described in subsection (b)(2).
(3) Annual report.--The Secretary, in collaboration with
the Secretary of the Interior and interested persons, shall
prepare an annual report on the accomplishments of each
selected proposal that includes--
(A) a description of all acres (or other
appropriate unit) treated and restored through projects
implementing the strategy;
(B) an evaluation of progress, including
performance measures and how prior year evaluations
have contributed to improved project performance;
(C) a description of community benefits achieved,
including any local economic benefits;
(D) the results of the multiparty monitoring,
evaluation, and accountability process under paragraph
(4); and
(E) a summary of the costs of--
(i) treatments; and
(ii) relevant fire management activities.
(4) Multiparty monitoring.--The Secretary shall, in
collaboration with the Secretary of the Interior and interested
persons, use a multiparty monitoring, evaluation, and
accountability process to assess the positive or negative
ecological, social, and economic effects of projects
implementing a selected proposal for not less than 15 years
after project implementation commences.
(h) Report.--Not later than 5 years after the first fiscal year in
which funding is made available to carry out ecological restoration
projects under the program, and every 5 years thereafter, the
Secretary, in consultation with the Secretary of the Interior, shall
submit a report on the program, including an assessment of whether, and
to what extent, the program is fulfilling the purposes of this Act,
to--
(1) the Committee on Energy and Natural Resources of the
Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Natural Resources of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary and the Secretary of the Interior such
sums as are necessary to carry out this Act.
Calendar No. 802
110th CONGRESS
2d Session
S. 2593
[Report No. 110-370]
_______________________________________________________________________
A BILL
To establish a program at the Forest Service and the Department of the
Interior to carry out collaborative ecological restoration treatments
for priority forest landscapes on public land, and for other purposes.
_______________________________________________________________________
June 16, 2008
Reported with an amendment