[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2474 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2474
To provide to the Federal land management agencies the authority and
capability to manage effectively the Federal lands, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 8, 2002
Mr. Craig introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide to the Federal land management agencies the authority and
capability to manage effectively the Federal lands, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Public Lands
Planning and Management Improvement Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title, table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Supplemental authority.
Sec. 5. Transition.
TITLE I--ENSURING THE EFFECTIVENESS AND IMPLEMENTATION OF FEDERAL LAND
PLANNING
Sec. 101. Purposes.
Sec. 102. Mission of the land management agencies.
Part A--Resource Management Planning and Management Activity Decisions
Sec. 103. Levels of planning.
Sec. 104. Contents of planning and allocation of analyses to each
planning level.
Sec. 105. Planning deadlines.
Sec. 106. Plan amendments and revisions.
Sec. 107. Ecosystem management principles.
Sec. 108. Scientific basis for Federal land planning and management
activities.
Sec. 109. Notice and comment on management activities.
Part B--Consideration and Disclosure of Budget and Funding Effects
Sec. 110. Disclosure of funding constraints on planning and management.
Sec. 111. Fully allocated costs.
Sec. 112. Cost Disclosures.
Part C--Monitoring and Adaptive Management
Sec. 113. Monitoring.
Sec. 114. Adaptive management and other changes due to monitoring.
Sec. 115. Monitoring funds.
Part D--Challenges to Planning Documents and Management Activities
Sec. 116. Administrative appeals.
Sec. 117. Judicial review.
TITLE II--COORDINATION AND COMPLIANCE WITH OTHER ENVIRONMENTAL LAWS
Sec. 201. Purposes.
Sec. 202. Wildlife protection.
Sec. 203. Air quality protection.
Sec. 204. Meetings with users of the Federal lands.
TITLE III--DEVELOPMENT OF A GLOBAL RENEWABLE RESOURCES ASSESSMENT AND
ELIMINATION OF RENEWABLE RESOURCES PROGRAM REQUIREMENT
Sec. 301. Purposes.
Sec. 302. Global Renewable Resources Assessment.
Sec. 303. Repeal of Renewable Resources Program provisions of the
Forest and Rangeland Renewable Resources
Planning Act.
TITLE IV--ADMINISTRATION
Sec. 401. Stewardship contracts.
Sec. 402. Fees for linear rights-of-way.
Sec. 403. Fees for processing records requests.
Sec. 404. Exemption from strict liability for the recovery of fire
suppression costs.
Sec. 405. Access to adjacent or intermingled non-Federal lands.
Sec. 406. Special funds.
Sec. 407. Private contractors.
Sec. 408. Special forest products.
Sec. 409. Off-budget study.
Sec. 410. Fuels treatment study.
TITLE V--MISCELLANEOUS
Sec. 501. Regulations.
Sec. 502. Authorization for appropriations.
Sec. 503. Effective date.
Sec. 504. Savings clauses.
Sec. 505. Severability.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Bureau of Land Management, Department of the
Interior, and the Forest Service, Department of Agriculture,
are comprised of professionals with considerable expertise and
judgment to manage Federal lands within their jurisdictions.
(2) In 1976, the Congress enacted the Federal Land Planning
and Management Act and the National Forest Management Act which
declared multiple use and sustained yield to be the basic
principles under which the two land management agencies are to
manage their Federal lands.
(3) These principles of multiple use and sustained yield
enjoy strong support from the American public and among the
diverse stakeholders in Federal land management.
(4) These same Management Acts established resource
management planning processes as the method for engaging the
land management agencies' expertise and professional judgment
in applying the multiple use and sustained yield principles to,
and obtaining the views of the public on, management of these
Federal lands.
(5) Nevertheless, as documented by the Committee of
Scientists established by the Secretary of Agriculture in the
March 15, 1999 report entitled ``Sustaining the People's Lands:
Recommendations for Stewardship of the National Forest and
Grasslands into the Next Century'' and by the authors of an
April 1999 report commissioned by the Society of American
Foresters entitled ``Forest Discord: Options for Governing Our
Forests and Federal Public Lands,'' in the quarter century
since the Management Acts were passed, fundamental flaws in the
planning and decision making processes established by these
Acts have become apparent and have caused all stakeholders,
whether they favor resource protection or resource extraction,
to express increasing dissatisfaction with and distrust of
these processes.
(6) The report of the Committee of Scientists and the
report commissioned by the Society of American Foresters
concurred that these numerous flaws threaten the integrity of
the Federal lands planning and management activity decision
making processes and undermine the ability of the agencies to
fulfill their statutory land management responsibilities and
accomplish management that is well grounded in science.
(7) The intent of the Congress that the land management
agencies would complete the planning required by the Management
Acts within a discrete time frame and the new resource
management plans would provide secure guidance for subsequent
management activities has not been met.
(8) Although mid-eighties deadlines were set by statute or
regulation for completing the new resource management plans,
initial planning remains unfinished more than two decades after
enactment of the Management Acts even as new planning is
undertaken.
(9) The land management agencies are engaged in a perpetual
cycle of planning through the continuous preparation of interim
policies, plan amendments, and plan revisions that precludes
the provision to both agency professionals and the public of
any secure guidance for predictable management of the Federal
lands.
(10) Although the Management Acts anticipated and directed
that only two layers of planning--multiple-use resource
management planning for each national forest, Bureau of Land
Management district, or other designated planning unit, and
site-specific planning for management actvities--be undertaken,
the agencies have engaged in planning at multiple layers--
regional, ecoregion, watershed, etc.--without license or
direction from statute or regulation.
(11) As described in the report commissioned by the Society
of American Foresters, the Management Acts do not assign
particular decisions to specific levels of planning, thereby
resulting in repetitious or haphazard decision making in an
``ambiguous'' decision making process.
(12) These new layers of planning have not been applied
uniformly on the Federal lands, have frequently ignored the
multiple use mandates of the Management Acts and, instead,
focused narrowly on a single resource, even a single species of
wildlife, have been undertaken without consistent agency-wide
direction, have been conducted without the meaningful
opportunities for public participation established for planning
by the Management Acts, and have resulted in guidance that
often conflicts with the planning that is prescribed by the
Management Acts.
(13) As described in the report commissioned by the Society
of American Foresters, the procedures and requirements of other
environmental laws often burden with increased costs and delays,
conflict with, and frustrate the planning and management processes
established by the Management Acts, effectively transfer the planning
function and management activity decision making authority from the
professionals in the land management agencies to officials of other
agencies, and sanction decisions by those officials who are not expert
in land management and are less familiar with the affected resources,
activities, and sites. Without doubt, Congress has failed to reconcile
the procedures and requirements of other environmental laws with the
planning and management processes established by the Management Acts.
(14) Both the report of the Committee of Scientist and the
report commissioned by the Society of American Foresters found
that the land management agencies conduct their planning
without regard to the funding likely to be available for plan
implementation, and that the agencies' budgets and
appropriations of Congress are not linked to the agencies'
plans.
(15) Increasingly, even after the land management agencies
reach decisions on the planning and management of Federal
lands, the implementation of those decisions is barred by
administrative appeals and litigation. These myriad
administrative appeals and lawsuits have delayed substantially
completion of planning, encumbered and, at times, paralyzed
plan implementation and management activities, and drained
scarce agency resources.
(16) The loss in goods and services from Federal lands
resulting from these numerous flaws in Federal land planning
and management activity decision making has increased this
Nation's dependency on foreign sources for certain resources
and has encouraged imports from countries with land management
policies and priorities that are far less environmentally
responsive than those applicable to the Federal lands.
(17) As described in the report of the Committee of
Scientists, new concepts in Federal land planning and
management, such as ecosystems management and adaptive
management, have developed since passage of the Management
Acts. Yet, these new concepts are being imposed on or
incorporated in Federal land planning and management without
adequate statutory authority.
(18) The provisions of section 322 of Public Law 102-381
(106 Stat. 1419) requiring the Forest Service to provide notice
and an opportunity for public comment on, and establish a
streamlined administrative appeals process for, management
activities have expired and these well-received congressional
requirements for inviting public comment and processing
administrative appeals should be restored and expanded to
include planning documents, as well as decisions on management
activities, made by the Forest Service and applied to those
documents and decisions of the Bureau of Land Management.
(19) Although the Management Acts and their implementing
regulations contain detailed instructions to the land
management agencies on planning procedures and contents, they
are virtually silent in providing guidance or authority to
enable the agencies to implement resource management plans,
thereby devaluing the term ``Management'' common to the titles
of both statutes.
(20) The report of the Committee of Scientists judged
monitoring to be a ``key component of planning.'' Yet, both
that report and the report commissioned by the Society of
American Foresters found that the land management agencies
neither incorporated monitoring into planning procedures nor
conducted adequate monitoring to determine whether the planning
has been properly implemented or whether conditions have
changed sufficiently to warrant new planning in accordance with
the concept of adaptive management.
(21) These numerous flaws in the laws pertaining to Federal
land management and in the planning and decision making for
Federal lands, particularly the multiple layers and perpetual
existence of planning, the increasing intervention of other
agencies, and the numerous administrative and judicial
challenges, have escalated the land management agencies' costs
of managing the Federal lands even as their ability to secure
actual management accomplishments on these lands have
diminished substantially.
(22) As described in the United States General Accounting
Office report, ``Forest Service Decision-making: A Framework
for Improving Performance,'' April 1997, these flaws in the
laws pertaining to Federal land management and in the planning
and decision making for Federal lands, and the increasing
distrust in the laws and decision making experienced by
virtually all stakeholders in the Federal lands, have both
contributed to and been compounded by the lack of a clear
mission statement for the land management agencies.
(23) Additional Congressional direction for planning of,
and implementation of planning on, the Federal lands is
required to ensure that the predictability in Federal land
management intended by the Management Acts is achieved, that
the land management agencies are able to exercise fully their
considerable management expertise and judgment, the authority is
provided for use of ecosystem management, adaptive management, and
other new concepts of land planning and management, that planning and
management decisions are made in a manner which ensures the public is
heard, and that the adverse environmental, social, and economic effects
which result from the present flaws in the planning processes are
avoided.
SEC. 3. DEFINITIONS.
(a) Specific Terms.--As used in this Act, the term--
(1) ``Agencies'' or ``Agency'' means the Bureau of Land
Management, Department of the Interior, with respect to the
lands described in paragraph (4)(A), and/or the Forest Service,
Department of Agriculture, with respect to the lands described
in paragraph (4)(B);
(2) ``Committees of Congress'' means the Committee on
Resources and Committee on Agriculture of the House of
Representatives, and the Committee on Energy and Natural
Resources and the Committee on Agriculture, Nutrition, and
Forestry of the United States Senate;
(3) ``ecosystem management'' means an approach to
implementation of the principles of multiple use and sustained
yield on the Federal lands which employs current understanding
of ecosystem processes to evaluate the effects of management
strategies on ecosystem health, sustainability, and
productivity in conjunction with attainment of planned outputs
of goods, services, and amenities; the effectiveness of
management strategies in pursuing and achieving ecological,
economic, and social sustainability on Federal lands, and
contributing to such sustainability on a national and
international scale;
(4) ``Federal lands'' means--
(A) those lands managed by the Bureau of Land
Management and defined in section 103(e) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1702(e)); and
(B) those lands in the National Forest System,
including units of the national grasslands, managed by
the Forest Service and defined in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1609(a));
(5) ``non-Federal lands'' means lands, other than Federal
lands, owned or administered by the federal government and
lands of other ownership;
(6) ``resource management plans'' means land use plans
prepared by the Bureau of Land Management for units of the
Federal lands described in paragraph (4)(A) pursuant to section
202 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712) and this Act, and land and resource management
plans prepared by the Forest Service for units of the lands
described in paragraph (4)(B) pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974,
as amended by the National Forest Management Act of 1976 (16
U.S.C. 1604), and this Act; and
(7) ``Secretaries'' or ``Secretary'' means the Secretary of
the Interior with respect to the Federal lands described in
paragraph (4)(A) and/or the Secretary of Agriculture with
respect to the Federal lands described in paragraph (4)(B).
(b) Other Terms.--Terms used in this Act shall have the same
meaning they are accorded in the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.) with respect to the Federal lands
described in subsection (a)(4)(A) and in the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) with
respect to the Federal lands described in subsection (a)(4)(B).
SEC. 4. SUPPLEMENTAL AUTHORITY.
The provisions of this Act apply to all Federal lands and
supplement the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.), the Forest and Rangeland Renewable Resources
Planning Act of 1974, as amended by the National Forest Management Act
of 1976 (16 U.S.C. 1600 et seq.), and other laws applicable to the
Federal lands. Except as otherwise provided in this Act, in the event
of conflict or inconsistency between this Act and the Federal Land
Policy and Management Act of 1976 or the Forest and Rangeland Renewable
Resources Planning Act of 1974, this Act shall prevail. For any Federal
lands designated as units of the National Wilderness Preservation
System, National Wild and Scenic Rivers System, or National Trails
System, the provisions of law governing management of those systems or
specific units shall prevail whenever such provisions conflict or are
inconsistent with this Act.
SEC. 5. TRANSITION.
Except as otherwise provided in this Act, any plan, policy, or
guidance of the Agencies with respect to the Federal lands in effect on
the date of enactment of this Act shall continue to apply to such lands
until such plan, policy, or guidance is revised, changed, modified, or
terminated in accordance with the provisions of this Act.
TITLE I--ENSURING THE EFFECTIVENESS AND IMPLEMENTATION OF FEDERAL LAND
PLANNING
SEC. 101. PURPOSES.
The purposes of this title are to establish a mission for the
Agencies in the management of the Federal lands; to provide
Congressional direction on, and eliminate fundamental flaws in, the
conducting and implementing of planning for the Federal lands; to avoid
the environmental, economic, and social injuries that result from those
flaws and the past absence of direction; and to achieve predictability
in the management of, and timely and cost-effective accomplishment of
management activities on, the Federal lands.
SEC. 102. MISSION OF THE LAND MANAGEMENT AGENCIES.
The mission of the Secretary of Agriculture and the Forest Service,
and of the Secretary of the Interior and the Bureau of Land Management,
shall be to manage the Federal lands under their respective
jurisdictions in accordance with the principles of multiple use and
sustained yield to assure the health, sustainability, and productivity
of the lands' ecosystems; consistent with this objective, to furnish a
sustainable flow of multiple goods, services, and amenities; to
preserve or establish a full range and diversity of natural habitats of
native species in a dynamic manner over the landscape; and, where
necessary or appropriate, to designate discrete areas to conserve
certain resources or allow certain uses.
PART A--RESOURCE MANAGEMENT PLANNING AND MANAGEMENT ACTIVITY DECISIONS
SEC. 103. LEVELS OF PLANNING.
(a) Planning Levels.--Subject to subsection (c), the Secretaries
shall conduct no more than two levels of planning for the Federal
lands, comprised of--
(1) multiple-use planning in the form of resource
management plans for planning units designated pursuant to
subsection (b); and
(2) site-specific or area-specific planning for management
activities.
(b) Planning Unit Size.--Each Secretary may designate planning
units of whatever geographic size, ecological scale, and number the
Secretary deems appropriate.
(c) Other Assessments.--Each Secretary may conduct assessments for
regions or other geographical areas that are not planning units
designated pursuant to subsection (b), and may apply the results of
such assessments to the affected Federal lands by amendment to or
revision of resource management plans for the planning units
encompassing such lands in accordance with this title and other
applicable law.
(d) Noncomplying Plans.--
(1) Consistent with subsection (a), the Secretaries shall
have 3 years from the date of enactment of this Act to amend or
revise in accordance with this Act the resource management
plans described in subsection (a)(1) to incorporate, where
appropriate and with such modifications as may be warranted,
any policies which may be applicable to the Federal lands
subject to, but which are contained in plans other than, such
resource management plans.
(2) Except as provided in paragraph (3), all plans other
than the resource management plans described in subsection
(a)(1) shall terminate 3 years from the date of enactment of
this Act.
(3) A plan other than a resource management plan described
in subsection (a)(1) shall no longer apply to Federal lands in
a planning unit upon its termination date established by
paragraph (2) or when the resource management plan for such
lands has been amended or revised pursuant to paragraph (1),
whichever is earlier.
SEC. 104. CONTENTS OF PLANNING AND ALLOCATION OF DECISIONS TO EACH
PLANNING LEVEL.
(a) Plan Contents.--
(1)(A) Each resource management plan shall contain the
following basic elements:
(i) A statement of goals and objectives for the
management of the Federal lands to which the plan
applies during the term of the plan;
(ii) The classification for suitable types of
resource management of, or allocation of land uses to,
areas of the Federal lands to which the plan applies
for the term of the plan;
(iii) Determinations of outputs of goods and
services from the Federal lands to which the plan
applies annually and for the term of the plan;
(iv) Policies and standards necessary to ensure
compliance with the requirements of this Act and other
applicable law for the conservation of the resources
and protection of the environment on the Federal lands
to which the plan applies; and
(v) A description of the desired future conditions
of the Federal lands subject to the plan, a statement
of the expected durations of time necessary to
achieve such conditions consistent with the other basic elements of the
plan described in this subparagraph, and a discussion of how such
elements assist in the achievement of such conditions.
(B) Each of the basic elements described in subparagraph
(A) shall be accorded equal consequence by the Secretary, and
no one element shall be elevated or given preference over any
other element in the resource management plan or in the
management of the Federal lands to which the plan applies.
(C) To the extent feasible, each of the basic elements
described in subparagraph (A) shall be set forth in the
resource management plan in a manner that provides a basis for
monitoring pursuant to section 113 and adaptive management
pursuant to section 114.
(2) Each resource management plan also shall--
(A) contain a statement of historical uses, and
trends in conditions, of the resources on the Federal
lands subject to the plan;
(B) compare and contrast the projected results of
the basic elements described in paragraph (1)(A) with
recent performance by the Agency on the Federal lands
subject to the plan and discuss in detail any
significant change in direction that is proposed or
expected, including any steps that will be taken to
ameliorate any adverse economic, social, or
environmental consequences that will or could result
from such change;
(C) a schedule and procedure, including the type,
location, and intensity of measurements needed, for
monitoring the implementation of the plan, the
management of the Federal lands subject to the plan,
and trends in the conditions and use of resources on
the Federal lands subject to the plan, as required by
section 113; and
(D) criteria for determining what circumstances on
the Federal lands subject to the plan warrant adaptive
management of the resources of such lands pursuant to
section 113(a)(3) and section 114(c).
(b) Assignment of Analyses to Planning Levels.--
(1) Each Secretary shall promulgate regulations that assign
to each level of planning for Federal lands authorized by
section 103(a) the analysis to be conducted at that level.
(2) All analysis to be assigned by or pursuant to this
subsection to a particular level of planning for Federal lands
shall be conducted, to the maximum extent practicable, solely
at that level and not be conducted or reconsidered at the level
to which they are not assigned.
SEC. 105. PLANNING DEADLINES.
(a) Deadlines.--
(1) Except as provided in section 103(d), the deadlines for
completing planning activities and management activity
decisions for Federal lands shall be--
(A) for preparation of a resource management plan,
36 months;
(B) for development of an amendment to a resource
management plan which is determined to be significant,
18 months, and for development of an amendment to a
resource management plan which is determined not to be
significant, 12 months;
(C) for revision of a resource management plan, 30
months; and
(D) for a decision on a management activity which
is determined to be significant in accordance with
regulations that define significant, 12 months, and for
a decision on a management activity which is determined
to be not significant in accordance with regulations
that define not significant, 9 months.
(2) Management of any unit of Federal lands subject to a
planning activity the deadline for which under subparagraph
(A), (B), or (C) has not been met shall be governed by the
resource management plan in existence on the date of the
deadline until the planning activity is completed.
(b) Report of Failure To Meet Deadline.--
(1) The Secretary shall report any failure to meet a
deadline established pursuant to subsection (a) to the
Committees of Congress no later than 30 days after expiration
of the deadline.
(2) The report required by paragraph (1) shall include a
detailed explanation of the reason or reasons for failure to
meet the deadline and a schedule for completion of the planning
activity or management activity decision to which the deadline
applied.
(c) Deadline for Submission to Congress.--The deadline established
in subsection (a) for any activity or decision deemed to be a ``rule''
as defined in 5 U.S.C. 804(3) applies to the date on which such
activity or decision is submitted to each House of the Congress and the
Comptroller General pursuant to 5 U.S.C. 801(a)(1)(A).
SEC. 106. PLAN AMENDMENTS AND REVISIONS.
(a) Inconsistent or Conflicting Plan Provisions or Federal Lands
Policies or Decisions.--Except by amendment to or revision of the
applicable resource management plan or as provided in subsection (c),
no policy may be applied to or decision made on a management activity
on the Federal lands subject to the plan if that policy or decision is
inconsistent with any provision of the plan, including any basic
element described in section 104(a)(1)(A).
(b) Plan Contribution Statement.--Each Secretary shall report in
writing in each decision to undertake a management activity on the
Federal lands that such decision contributes to, or at a minimum does
not preclude, achievement of any of the basic elements of the
applicable resource management plan described in section 104(a)(1)(A)
or take such action as required by subsection (c)(1).
(c) Restoring Plan Conformity; Making Required Planning Changes.--
(1)(A) Whenever, as a result of monitoring the
implementation of a resource management plan pursuant to
section 113, planning a management activity on Federal lands to
which the plan applies, or other circumstance, the Secretary
concerned determines that a conflict exists between any of the
provisions of the plan or that a policy or decision the
Secretary would otherwise establish or make is inconsistent
with a provision of the plan, whether the provision concerns a
goal or objective, land allocation, output determination,
environmental policy or standard, or desired future condition,
the Secretary shall initiate immediately the process to amend
or review the plan to eliminate the conflict, inconsistency, or
departure.
(B) Notwithstanding subparagraph (A), the Secretary may
waive for a single specific management activity within any
class of management activities any provision in a resource
management plan without an amendment to or revision of the plan
if such provision does not implement a nondiscretionary
statutory requirement, no waiver of such provision has been
provided previously during the term of the plan for any
activity within such class of management activities, and the
Secretary determines in writing that the waiver is in the
public interest.
(2) Any change in the management of any Federal lands that
is required by a law enacted, regulation promulgated, or court
order issued after the adoption of the resource management plan
which applies to such lands shall be effected by an amendment
to or revision of the plan, and, except where the Secretary
determines such law or court order requires otherwise and
publishes the determination in the Federal Register, shall not
become effective until the amendment or revision is adopted.
(d) Continuation of Management Activities During Planning.--
(1)(A) No management activities shall be stayed during the
process of preparing an amendment to or revision of a resource
management plan in anticipation of changes to be made by the
amendment or revision, except as otherwise required by this
Act, court order, or a formal declaration of the Secretary
published in the Federal Register.
(B) Nothing in subparagraph (A) shall affect the authority
of the responsible agency official to stay a specific
management activity for a purpose that is unrelated to the
purpose or likely effect of the amendment or revision.
(2) The authority of the Secretary to make a formal
declaration pursuant to paragraph (1)(A) may not be delegated.
(3) Except as provided in paragraph (1) or required by
court order, an amendment to or revision of a resource
management plan shall not become effective until final
decisions on management activities on the Federal lands to
which the plan applies that are scheduled to be made during the
amendment or revision process have been made.
SEC. 107. ECOSYSTEM MANAGEMENT PRINCIPLES.
The Secretaries shall consider and discuss ecosystem management
principles in the environmental analysis documents prepared for
resource management plans, and amendments to and revisions of such
plans. Such principles shall implement section 102, and shall be
consistent, and not be authority for noncompliance, with the other
requirements of this Act and other law applicable to resource
management plan documents.
SEC. 108. SCIENTIFIC BASIS FOR FEDERAL LAND PLANNING AND MANAGEMENT
ACTIVITIES.
(a) Use of Science.--
(1) In preparing each resource management plan, and each
amendment to, or revision of, a resource management plan, and
in rendering a decision on a management activity on Federal
lands, each Secretary shall utilize the best scientific and
commercial data available to the Secretary.
(2) In implementing paragraph (1), each Secretary, when
evaluating comparable data, shall give greater weight to
scientific or commercial data that are imperical or have been
field-tested or peer-reviewed.
(3) Notwithstanding paragraph (1), each Secretary may in
the Secretary's discretion determine whether any additional
information concerning any resources of the Federal lands shall
be collected prior to approving any resources management plan,
or amendment to or revision of a resource management plan, or
in rendering a decision on a management activity on Federal
lands.
(b) Presumption in Favor of Secretary's Use of Science.--In any
administrative appeal of, or litigation on, any planning document or
resource management activity concerning the Federal lands, the official
or administrative entity responsible for the appeal or the court with
jurisdiction over the litigation shall give deference to the expert
judgment of the Secretary in identifying and interpreting the
scientific data described in subsection (a).
SEC. 109. NOTICE AND COMMENT ON MANAGEMENT ACTIVITIES.
(a) In General.-- Each Secretary shall establish a notice and
comment process for proposed actions of the Agency under the
Secretary's jurisdiction concerning activities implementing resource
management plans.
(b) Notice and Comment.--
(1) Prior to making a final decision to undertake or
authorize an action referred to in subsection (a), the
Secretary shall give notice of the proposed action, and the
availability of the proposed action for public comment by--
(A) promptly mailing notice of the proposed action
to any person who has requested it in writing, and to
persons who are known to have participated in the
decisionmaking process; and,
(B)(i) in the case of any action by the Chief,
Forest Service, or Director, Bureau of Land Management,
publishing notice of the action in the Federal
Register; or
(ii) in the case of any other action referred to in
subsection (a), publishing notice of the action in a
newspaper of general circulation that has previously
been identified in the Federal Register as the
newspaper in which notice under this paragraph may be
published.
(2) Each Secretary shall accept comments on an action
referred to in subsection (a) within 30 days after the
publication in accordance with paragraph (1).
PART B--CONSIDERATION AND DISCLOSURE OF BUDGET AND FUNDING EFFECTS
SEC. 110. DISCLOSURE OF FUNDING CONSTRAINTS ON PLANNING AND MANAGEMENT.
The environmental analysis accompanying each resource management
plan, or amendment to or revision of a resource management plan, shall
consider generally for each alternative, and the decision to adopt such
plan, amendment, or revision shall determine specifically for the plan,
how implementation of the alternative or plan, amendment, or revision
will be affected by, and what goals and objectives, land allocations,
outputs, environmental policies and standards, and desired future
conditions as described in section 104(a)(1)(A), shall be effective for
the alternative or plan, amendment, or revision within a range of
possible levels of funding of Agency programs determined reasonable by
the Secretary, with at least one level which provides less funds
annually, and one level which provides more funds annually, than the
level of funding for the current fiscal year.
SEC. 111. FULLY ALLOCATED COSTS ANALYSIS.
The Secretaries shall specify, in the environmental analysis
documents prepared for resource management plans, and amendments to and
revisions of such plans, the economic value and fully allocated cost
(including foregone revenues), expressed as a user fee or cost-per-
beneficiary, of each non-commodity output from the Federal lands to
which the plans apply.
SEC. 112. COST DISCLOSURES.
On or before July 1 of each year after the date of enactment of
this Act, each Secretary shall submit a report to the Committees of
Congress that provides the total cost and costs per function or
procedure incurred in the preparation of each resource management plan,
significant amendment to or revision of any such plan, and assessment
pursuant to section 103(c), which is published in the preceding
calendar year. Such costs shall include the costs of the Agency
responsible for preparation of the plan, amendment, revision, or
assessment and of any other Federal agency which participates in the
preparation of the plan, amendment, revision, or assessment or prepares
an opinion concerning or comments on the compliance of the plan,
amendment, revision, or assessment with any Federal law or regulation
administered by such Federal agency.
PART C--MONITORING AND ADAPTIVE MANAGEMENT
SEC. 113. MONITORING.
(a) In General.--Using monies from the Monitoring Funds established
pursuant to section 115 and, where such monies are insufficient,
appropriated funds, each Secretary shall monitor, on a schedule
established by each resource management plan pursuant to section
104(a)(2)(C) but no less than every 2 years, the implementation of the
plan and management of the Federal lands subject to the plan and trends
in the conditions and uses of the resources on such lands to--
(1) ensure that no basis element of the plan as described
in section 104(a)(1)(A) is constructively changed through a
pattern of management activities or of failures to undertake management
activities;
(2) determine that no conflict has risen between any of the
basic elements of the plan as described in section
104(a)(1)(A); and
(3) determine if circumstances warrant adaptive management
of any of the resources, to be authorized either----
(A) in accordance with requirements and procedures
prescribed in the plan, if such management will not
require or result in any change in the basic elements
of the plan as described in section 104(a)(1)(A), or
(B) by amendment to or revision of the plan.
(b) Monitoring Procedures.--The monitoring required by subsection
(a) shall be conducted in accordance with the procedures for monitoring
prescribed in the applicable resource management plan pursuant to
section 104(a)(2)(C).
(c) Adaptive Management Circumstances.--The determination of
circumstances warranting adaptive management pursuant to subsection
(a)(3) shall be made in accordance with the criteria for such
determination contained in the applicable resource management plan
pursuant to section 104(a)(2)(D).
SEC. 114. ADAPTIVE MANAGEMENT AND OTHER CHANGES DUE TO MONITORING.
(a) Correcting Constructive Plan Changes.--If, as a consequence of
monitoring pursuant to section 113, the Secretary finds that a change
described in section 113(a)(1) has occurred, the Secretary shall direct
that corrective management activities be undertaken to restore
compliance with the affected resource management plan or that the plan
be amended or revised.
(b) Correcting Conflicts Between Plan Elements.--If, as a
consequence of monitoring pursuant to section 113, the Secretary finds
that a conflict between any of the basic elements of the affected
resource management described in section 104(a)(1)(A) exists, the
Secretary should take such action as required by section 106(c)(1).
(c) Ensuring Adaptive Management.--If, as a consequence of
monitoring pursuant to section 113, the Secretary finds pursuant to
section 113(a)(3) that the circumstances warranting adaptive management
exist and require an amendment to or revision of the affected resource
management plan, the plan shall be amended or revised.
SEC. 115. MONITORING FUNDS.
(a) Establishment of Funds.--The Secretary of the Interior shall
establish a Public Lands Monitoring Fund and the Secretary of
Agriculture shall establish a Forest Lands Monitoring Fund.
(b) Payment Into Funds.----
(1) Any revenues from Federal lands described in section
3(a)(4)(A) received by the Secretary of the Interior in any
fiscal year in excess of revenues from such lands projected for
the Bureau of Land Management in the baseline budget of the
President for such fiscal year, minus the funds necessary to
make payments to States or local governments under other laws
concerning the distribution of revenues derived from such
lands, shall be deposited into the Public Lands Monitoring
Funds.
(2) Any revenues from Federal lands described in section
3(a)(4)(B) received by the Secretary of Agriculture in any
fiscal year in excess of revenues from such lands projected for
the Forest Service in the baseline budget of the President for
such fiscal year, minus the funds necessary to make payments to
States or local governments under other laws concerning the
distribution of revenues derived from such lands, shall be
deposited in the Forest Lands Monitoring Fund.
(c) Use of Fund Monies.--
(1) Funds deposited into the Public Lands Monitoring Fund
shall be available, without fiscal year limitation or further
appropriation, to the Secretary of the Interior to conduct the
monitoring required by section 113 on Federal lands described
in section 3(a)(4)(A).
(2) Funds deposited in the Forest Lands Monitoring Fund
shall be available, without fiscal year limitation or further
appropriation, to the Secretary of Agriculture to conduct the
monitoring required by section 113 on Federal lands described
in section 3(a)(4)(B).
(d) Private Contractors.--To conserve personnel resources, each
Secretary is encouraged to use private contractors, including
contractors under the Jobs in the Woods Program, to conduct the
monitoring required by section 113 and any other monitoring related to
the Federal lands. Any contracts issued pursuant to this subsection
shall comply with the requirements of the McNamara-O'Hara Service
Contract Act (11 U.S.C. 351(a)).
PART D--CHALLENGES TO PLANNING DOCUMENTS AND MANAGEMENT ACTIVITIES
SEC. 116. ADMINISTRATIVE APPEALS.
(a) Appeals Regulations.--Each Secretary shall promulgate
regulations to govern administrative appeals of decisions to approve
resource management plans, and amendments to and revisions of such
plans, and to approve or disapprove management activities for or on the
Federal lands.
(b) Appeals Requirements.--The regulations required by subsection
(a) shall--
(1) provide that any person may bring an administrative
appeal of the adoption of a resource management plan, or an
amendment to or revision of such a plan, or a decision to
approve, disapprove, or otherwise take final action on a
management activity if he or she has submitted written comments
during the preparation of such plan, amendment, revision, or
activity on the issue or issues for which administrative review
is sought: Provided, That this paragraph shall not apply when
either no opportunity was accorded to the public to submit
comments, pursuant to section 109 or other statutory provisions
or regulations, or no opportunity was available to raise such
issue or issues because such issue or issues were manifest only
after the close of the comment period or other demonstrated
reason;
(2) provide that an administrative appeal of the adoption
of a resource management plan, or an amendment to or revision
of such a plan, may not challenge any analysis or decision
assigned to management activities pursuant to section 104(b)
and an administrative appeal of a decision to approve,
disapprove, or otherwise take final action on a management
activity may not challenge any analysis or decision assigned to
resource management plans pursuant to section 104(b);
(3) establish deadlines after adoption of a plan,
amendment, or revision, or the final decision to approve,
disapprove, or take final action on an activity, by which any
administrative appeal must be filed: Provided, That such
deadlines shall be not more than 120 days after adoption of a
plan or revision, 90 days after adoption of an amendment, and
45 days after an activity decision;
(4) establish deadlines after the filing of administrative
appeals pursuant to paragraph (3) by which final decisions on
the appeals must be rendered and authorize the Secretary to
extend the deadline of any appeal for a period of not more than
15 days by a written statement that provides the reasons for
the extension: Provided, That such deadlines shall be not more
than 120 days after the date of filing of an appeal of a plan
or a revision, 90 days after the date of filing of an appeal of
an amendment, and 45 days after the date of filing of an appeal
of an activity;
(5) provide that, in the event of a failure to render a
final decision on an administrative appeal by the deadline
established pursuant to paragraph (4), the decision on which
the appeal is based is deemed to be a final agency action for
the purpose of chapter 7 of title 5, United States Code;
(6) provide that the Secretary shall consider and balance
the environmental and/or economic injury to any affected
persons in determining whether to issue a stay pending the
appeal or petition;
(7) provide that no administrative stay shall extend
beyond, or be imposed after--
(A) the conclusion of the applicable period for
filing an administrative appeal established pursuant to
paragraph (3) if no appeal is timely filed;
(B) 30 days from the date of, or deadline
established pursuant to paragraph (4) for, a final
decision on an appeal of a resource management plan or
an amendment to or revision of such a plan; and
(C) 15 days from the date of, or deadline
established pursuant to paragraph (4) for, a final
decision on an appeal of a management activity; and
(8) establish categories of or criteria for management
activities which, because of emergency, time-sensitive, or
other exigent circumstances, shall not be eligible for
administrative appeals, or are eligible for an expedited appeal
procedure established by regulation, and for which lawsuits may
be filed immediately after the decisions to authorize such
activities or, if an expedited appeal procedure is provided,
within 10 days of the appeal decision.
(c) Repealer.--The regulations required of the Forest Service by
this section and section 116 shall replace any regulations promulgated
pursuant to section 322 of Public Law 102-381 (106 Stat. 1419-1420).
Upon the effective date of the regulations of the Forest Service
required by this subsection, section 322 is repealed.
SEC. 117. JUDICIAL REVIEW.
(a) Standing.--Standing to obtain judicial review of a decision on
a management activity on the Federal lands shall be available only to
persons who have--
(1) participated in the decision on such activity through
the submission of written comments on the issue or issues for
which judicial review is sought, unless an opportunity to
submit such comments was not provided to the public or no
opportunity was available to raise such issue or issues because
such issue or issues were manifest only after the close of the comment
period, or other demonstrated reason;
(2) raised such issue or issues in seeking, or demonstrated
that such issue or issues have been raised in, administrative
review pursuant to section 116 of such activity, other than an
activity subject to section 116(b)(8); and
(3) exhausted the opportunities for administrative review
pursuant to section 116, except for an activity subject to
section 116(b)(8).
(b) Intervention.--Any person may intervene in, as a matter of
right, any suit brought under this Act, the Federal Land Policy and
Management Act of 1976 (43 U.S.C. Sec. 1701, et seq., or the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. Sec.
1600, et seq.) a regulation issued under any such Act if such suit
threatens to cause injury to the person or relates to any injury
sustained by the person, and shall have the same right to present
arguments as do the parties to the suit, and the right to participate
in any settlement discussion.
(c) Deadlines.--Except as provided in section 116(b)(8), any suit
brought against any management activity on the Federal lands or on a
regulation under the Acts referred to in subsection (b) must be filed
not more than 45 days after the final decision on an administrative
appeal of the management activity or promulgation of the regulation.
(d) Other Citizen Suits.--The deadline for filing any suit brought
under a provision authorizing citizen suits in any law not referred to
in subsection (b) shall be no later than 7 days after the conclusion of
any period of advanced notice established by such provision.
TITLE II--COORDINATION AND COMPLIANCE WITH OTHER ENVIRONMENTAL LAWS
SEC. 201. PURPOSES.
The purposes of this title are to coordinate, and eliminate
conflicting procedures of the Federal land management and other
environmental laws; to assign clear responsibility for meeting the
standards and requirements of such laws, and securing protection of the
environment and resources, on the Federal lands; and to reduce the time
and cost, and thereby improve the efficiency and effectiveness, in
achieving such protection.
SEC. 202. WILDLIFE PROTECTION.
(a) Endangered Species Act Analysis.--
(1) In developing a resource management plan, an amendment
to or revision of such a plan, or a management activity on the
Federal lands, the Agency, on the basis of the best scientific
and commercial data available, shall ensure, pursuant to
section 7 of the Endangered Species Act of 1973 (16 U.S.C.
1536), that the plan, amendment, revision, or activity is not
likely to jeopardize the continued existence of any species
determined to be endangered or threatened, or result in the
destruction or adverse modification of habitat of such species
designated as critical, pursuant to section 4 of such Act,
except that the Agency, upon certification pursuant to
paragraph (2), shall perform all functions in the processes
established in subsections (a)(2) through (c) of such section 7
(16 U.S.C. 1536(a)-(c)) which are assigned by such subsections
or implementing regulations to the Secretary as defined in
section 3(15) of such Act (16 U.S.C. 1532(15)).
(2)(A) Each Agency may apply to the Director of any agency
to which the Secretary referred to in paragraph (1) has
delegated the responsibilities of the Secretary under
subsections (a)(2) through (c) of section 7 of the Endangered
Species Act of 1973 to be certified to perform, pursuant to
paragraph (1), all functions in the processes established in
such subsections. The application shall contain a detailed
summary of the personnel and funds available to, and the
procedures adopted by, the Agency to perform such functions.
(B) The Director shall have 30 days from the date of
submission to notify the Agency of any further information
required by the Director to consider the application submitted
pursuant to subparagraph (A).
(C) The Director shall render a decision on an application
submitted pursuant to subparagraph (A) within 90 days of the
receipt thereof or of the submission by the Agency of further
information pursuant to subparagraph (B), whichever is later,
and, if the Director fails to render a decision by such date,
the Agency shall be deemed certified to perform the functions
described in subparagraph (A).
(D) The decision of the Director on an application
submitted pursuant to subparagraph (A) shall provide a detailed
explanation of the reasons therefor and be published in the
Federal Register.
(E) The decision of the Director on an application
submitted pursuant to subparagraph (A) shall not be subject to
subsections (a) through (c) of section 7 of the Endangered
Species Act of 1973 and section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
(F) If an application of an Agency to be certified pursuant
to this paragraph is denied, the Agency may file a subsequent
application or applications pursuant to subparagraph (A) at
intervals of no less than one year each until such time as it
receives certification.
(b) Effect on Management Activities.--
(1) Whenever a species is determined to be an endangered
species or a threatened species, or critical habitat is
designated, pursuant to section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533) and the species or habitat is located
on Federal lands, the Agency with jurisdiction over such lands
shall determine whether the procedure established by section
7(a)(2) of such Act (16 U.S.C. 1536(a)(2)) and subsection (a)
of this section is required on each resource management plan
applicable to such lands within 90 days of the date of the
determination or designation. Any amendment to or revision of a
resource management plan resulting from the determination or
designation that such procedure is required shall be completed
within 12 months or 18 months, respectively, from the date of
the determination or designation.
(2) If the procedure prescribed by section 7(a)(2) of such
Act and subsection (a) of this section is required on a
resource management plan (or an amendment to or revision of the
plan), the Agency implementing the plan may authorize, fund, or
carry out any agency action that is consistent with the plan
prior to completion of the procedure on the plan if the
procedure prescribed by such section 7(a)(2) and subsection (a)
of this section concerning the same species or critical habitat
is conducted on the action or if such procedure is not required
on the action.
(c) Migratory Bird Treaty Act.--No person authorized by an Agency
to carry out a management activity on the Federal lands shall be liable
for a violation of any prohibition under section 2 of the Migratory
Bird Treaty Act (16 U.S.C. 703) as a result of the activity if the
activity is consistent with the applicable resource management plan.
SEC. 203. AIR QUALITY PROTECTION.
Notwithstanding the provisions of section 118(a) of the Clean Air
Act (42 U.S.C. 7418), upon a finding by a forest supervisor of the
Forest Service or a district manager of the Bureau of Land Management
that a prescribed use of fire on Federal lands within the jurisdiction
of such official would reduce the risk of greater emissions from a
wildfire and will be conducted in a manner that minimizes impacts on
air quality to the extent practicable, after an opportunity for review
by the governor, such use shall be deemed to be in compliance with an
applicable requirements of any State implementation plan under section
110 of such Act (42 U.S.C. 7410), and any requirements imposed by the
U.S. Environmental Protection Agency under such Act.
SEC. 204. MEETINGS WITH USERS OF THE FEDERAL LANDS.
(a) Authorization of Meetings.--To improve and coordinate the
management of Federal lands, the Secretary may, in his discretion, meet
to discuss matters of mutual concern with one or more: holders of or
applicants for permits, leases, contracts, or other authorizations for
use of the Federal lands; other persons who conduct activities on the
Federal lands; and persons who own or manage lands adjacent to the
Federal lands; or their representatives.
(b) Federal Advisory Committee Act.--
(1) The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to meetings under this section.
(2) Nothing in this section shall be deemed to affect the
exemption from the Federal Advisory Committee Act provided for
meetings with elected officers of State, local and tribal
governments by section 204(b) of the Unfunded Mandates Reform
Act of 1995 (2 U.S.C. 1534(b)).
TITLE III--DEVELOPMENT OF A GLOBAL RENEWABLE RESOURCES ASSESSMENT AND
ELIMINATION OF RENEWABLE RESOURCE PROGRAM REQUIREMENT
SEC. 301. PURPOSES.
The purposes of this title are to eliminate a level of Forest
Service planning in accordance with section 103(a); to repeal the
provisions of the Forest and Rangeland Renewable Resources Planning Act
of 1974 concerning the Renewable Resource Program, which continually
has been altered by other agencies and political appointees within the
Executive Branch and routinely has been ignored by the Forest Service
as a guide to the development of resource management plans and
management activities; and to provide for an assessment of global
renewable resources in the Renewable Resource Assessment required by
that Act.
SEC. 302. GLOBAL RENEWABLE RESOURCES ASSESSMENT.
Section 3(a) of the Forest and Rangeland Renewable Resource
Planning Act of 1973 (16 U.S.C. 1601(a)) is amended by renumbering
paragraphs (5) and (6) as (6) and (7), respectively, and inserting a
new paragraph (5), as follows:
``(5) a global resource assessment, including but not
limited to--
``(A) an analysis of present and anticipated
national and international uses of, demand for, and
supply of renewable resources, with an emphasis on
pertinent supply and demand and price relationship
trends;
``(B) an inventory of present and potential
national and international renewable resources, and an
evaluation of opportunities for improving the yield of
tangible and intangible goods and services from these
resources, together with estimates of investment costs
and direct and indirect returns to the various
governments;
``(C) an analysis of the environmental constraints,
and the effects thereof, on production of renewable
resources in the United States and in other countries;
``(D) an analysis of the extent to which the
programs of other countries for management of renewable
resources ensure sustainable use and production of such
resources and the sustainability of the ecosystems that
provide such resources;
``(E) a description of national and international
programs and responsibilities in research on renewable
resources and management of public and private forest,
range, and other associated lands;
``(F) a discussion of important policy
considerations, laws, regulations, and other factors
expected to influence and affect significantly the use,
ownership, and management of public and private forest,
range, and other associated lands; and
``(G) recommendations for administrative or
legislative changes or initiatives to be undertaken by
the Agencies or Congress.''.
SEC. 303. REPEAL OF RENEWABLE RESOURCE PROGRAM PROVISIONS OF THE FOREST
AND RANGELAND RENEWABLE RESOURCES PLANNING ACT.
(a) Repealers.--The following sections of the Forest and Rangeland
Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) (as
redesignated by section 2 of, and otherwise amended by, the National
Forest Management Act of 1976 (90 Stat. 2949)) are amended--
(1) by deleting section 4 in its entirety;
(2) in section 6--
(A) in subsection (a), by deleting ``As a part of
the Program provided for by section 3 of this Act,
the'' and inserting ``The''; and
(B) in subsection (g)(3), by deleting ``developed
to achieve the goals of the Program'';
(3) in section 7, by deleting ``Assessment, resource
surveys, and Program'' and inserting ``Assessment and resource
surveys''; and
(4) by deleting section 8 in its entirety.
(b) Reporting of Assessment.--Section 3 of the Forest and
Rangelands Renewable Resources Planning Act of 1974 (16 U.S.C. 1601) is
amended by adding at the end thereof the following new subsection:
``(f) On the date Congress convenes following each updating of the
Assessment, the President shall transmit the updated Assessment to the
Speaker of the House of Representives and the President of the
Senate.''
TITLE IV--ADMINISTRATION
SEC. 401. STEWARDSHIP CONTRACTS.
(a) In General.--The Secretary of Agriculture may enter into
contracts with private persons and entities to perform service to
achieve land management goals for the Federal lands described in
section 3(a)(4)(B) that meet local and rural community needs
(hereinafter referred to in this section as ``stewardship contracts'').
(b) Land Management Goals.--The land management goals of
stewardship contracts may include, among other things--
(1) road and trail maintenance or obliteration to restore
or maintain water quality, soil productivity, or other resource
values;
(2) setting of prescribed fires, cutting or removing of
trees, or other activities to improve the composition,
structure, condition, and health of forest stands, reduce fire
hazards, improve wildlife and fish habitat, or achieve other
resource management or restoration objectives;
(3) watershed restoration and maintenance;
(4) restoration and maintenance of wildlife and fish
habitat; and
(5) control of noxious and exotic weeds and reestablishing
native plant species.
(c) Contracts.--
(1) A source for performance of a stewardship contract
shall be selected on a best-value basis, including
consideration of source under other public and private
contracts.
(2) A multiyear stewardship contract may be entered into in
accordance with section 304B of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 254c), except
that the period of the contract may exceed 5 years but may not
exceed 10 years.
(3)(A) The Secretary of Agriculture may apply the value of
timber or other forest products removed as an offset against
the cost of services received in stewardship contracts.
(B) The value of timber or other forest products used as
offset under subparagraph (A)--
(i) shall be determined using appropriate methods
of appraisal commensurate with the quantity of products
to be removed;
(ii) may be determined using a unit of measure
appropriate to the contracts; and
(iii) may include valuing products on a per-acre
basis.
(4) The Secretary of Agriculture may enter into stewardship
contracts, notwithstanding subsections (d) and (g) of section
14 of the National Forest Management Act of 1976 (16 U.S.C.
472a).
(d) Receipts.--The Secretary of Agriculture may collect monies from
a stewardship contract so long as such collection is a secondary
objective of negotiating contracts that will best achieve the purposes
of this section.
(e) Relation to Other Laws.--
(1) The value of services received by the Secretary of
Agriculture under a stewardship contract project conducted
under this section, and any payments made or resources provided
by the contractor or the Secretary of Agriculture under such a
project, shall be considered as money received for purposes of
calculating and distributing payments to State and local
governments under other laws concerning the distribution of
revenues from Federal lands described in section 3(a)(4)(B).
(2) The Act of June 9, 1930 (16 U.S.C. 576 et seq.;
commonly known as the Knutson-Vandenberg Act), shall not apply
to stewardship contracts entered into under this section.
(f) Costs of Removal.--The Secretary of Agriculture may collect
deposits from contractors under stewardship contracts covering the
costs of removal of timber or other forest products pursuant to the Act
of August 11, 1916 (39 Stat. 462, chapter 313; 16 U.S.C. 490); and the
next to the last paragraph under the heading ``Forest Service.'' Under
the heading ``Department of Agriculture'' in the Act of June 30, 1914
(38 Stat. 430, chapter 131; 16 U.S.C. 498), notwithstanding the fact
that the timber purchasers did not harvest the timber.
(g) Performance and Payment Guarantees.--
(1) The Secretary of Agriculture may require performance
and payment bonds, in accordance with sections 103-2 and 103-3
of part 28 of the Federal Acquisition Regulations (48 C.F.R.
28.103-2, 28.103-3), in an amount that the contracting officer
considers sufficient to protect the Government's investment in
receipts generated by the contractor from the estimated value
of the forest products to be removed under stewardship
contract.
(2) If the offset value of the forest products exceeds the
value of the resource improvement treatments under a
stewardship contract, the Secretary of Agriculture may--
(A) collect any residual receipts pursuant to the
Act of June 9, 1930 (46 Stat. 527, chapter 419; 15
U.S.C. 576); and
(B) apply the excess to other authorized projects.
SEC. 402. FEES FOR LINEAR RIGHT-OF-WAY.
(a) Definition.--For purposes of this section, the term ``linear
rights-of-way'' means any right-of-way authorized by the Secretary--
(1) under section 501 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1761) for a power line,
telephone line, fiberoptic communication line, ditch, canal,
road, trail, or pipeline; or
(2) under the Act of February 25, 1920 (30 U.S.C. 185) for
an oil and gas pipeline.
(b) Fees.--
(1) Each Secretary shall charge and collect rental fees for
linear rights-of-way based on the fair market value of the
rights and privileges authorized, except where linear rights-
of-way are exempt from such fees under laws in existence on the
date of enactment of this Act.
(2) Each Secretary may waive the application of paragraph
(1) in accordance with applicable regulations.
SEC. 403. FEES FOR PROCESSING RECORDS REQUESTS.
Notwithstanding any other provision of law, the Secretaries may not
waive or reduce any fee applicable to the processing of a request that
exceeds $10,000, or of multiple requests from the same company,
organization, or other entity, including any affiliates or members of
the same company, organization or other entity, that exceed $10,000
within a 6-month period, for records under section 1 of the Act of
September 6, 1966, as amended (5 U.S.C. 552).
SEC. 404. EXEMPTION FROM STRICT LIABILITY FOR THE RECOVERY OF FIRE
SUPPRESSION COSTS.
Section 504(h) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1764(h)) is amended by adding at the end thereof the
following new paragraph:
``(3) No regulation shall impose liability without fault
for fire suppression costs with respect to a right-of-way
granted, issued, or renewed under this Act to or for a
nonprofit entity, including a nonprofit entity that uses such
right-of-way for the delivery of electricity to parties having
an equity interest in such entity.''.
SEC. 405. ACCESS TO ADJACENT OR INTERMINGLED NON-FEDERAL LANDS.
(a) Deadlines.--
(1) Each Secretary shall process any application for access
over, upon, under, or through Federal lands within the
jurisdiction of the Secretary to non-Federal land pursuant to
section 1323 of the Alaska National Interest Lands Conservation
Act (16 U.S.C. 3210) within 180 days of receipt of a complete
application.
(2)(A) Each Secretary shall notify in writing an applicant
for such access across Federal lands in accordance with this
section whether an application is complete within 15 days of
receipt thereof.
(B) If a Secretary finds an application for such access
across Federal lands in accordance with this section to be
incomplete, the Secretary shall describe in detail in the
notification required by subparagraph (A) what additional
information is necessary to render the application complete.
(3)(A) If an application for access in accordance with this
section has not been fully processed by the deadline
established in paragraph (1), the access shall be deemed
approved as described in the application.
(B) If the Secretary fails to notify an applicant for
access in accordance with this section by the deadline
established in paragraph (2)(A), the application shall be
deemed complete.
(b) Environmental Analysis and Requirements.--
(1) The environmental analysis documents required by
section 102(2) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)) and section 7 of the Endangered Species Act
of 1973 (16 U.S.C. 1536) shall consider the environmental
effects of the construction, maintenance, and use of the access
across the Federal lands and shall not consider the use of the
non-Federal lands to be accessed.
(2) Any limitation or condition on the access which the
Secretary is permitted to impose pursuant to section 1323 of
the Alaska National Interests Lands Conversation Act shall
limit or condition solely the construction, maintenance, or use
of the access across the Federal lands and not the use of the
non-Federal lands to be accessed.
SEC. 406. SPECIAL FUNDS.
(a) Bureau of Land Management.--The Secretary of the Interior shall
maintain a special fund established pursuant to Public Law 102-381,
which shall be derived from the Federal share of all monies received
from the salvage sales of forest products from all Federal lands
described in section 3(a)(4)(A), and which shall be available, without
further appropriation, for the purposes of planning and preparing
salvage sales of forest products, the administration of salvage sales,
and subsequent site preparation and reforestation, and forest health
enhancement projects, including, but not limited to, prescribed burning
(including natural ignition) or other fuels management, site
preparation, tree planting, protection of seedlings from animals and
other environmental elements, release from competing vegetation, and
stand thinning. The Federal share of any revenues received from forest
health enhancement projects shall be returned to the special fund and
be made available for the purpose provided in this subsection.
(b) Forest Service.--The Federal share of all monies received from
the salvage sales of forest products from, and any other activities
funded pursuant to this subsection on, Federal lands described in
section 3(a)(4)(B) may be credited to the Forest Service Permanent
Appropriations to be expended on such lands for: salvage sales of
forest products; preparation of sales of forest products to replace
sales lost to fire or other causes; preparation of sales of forest
products to replace sales inventory on the shelf for any national
forest to a level sufficient to maintain new sales availability equal
to a rolling 5-year average of the total sales offerings; design,
engineering, and supervision of construction of roads lost to fire or
other causes associated with the sales programs described in this
subsection; watershed assessment activities; and forest health
enhancement projects, including, but not limited to prescribed burning
(including natural ignition) or other fuels management, site
preparation, tree planting, protection of seedlings from animals and
other environmental elements, release from competing vegetation, and
stand thinning.
(c) Payments to Local Governments.--Revenues received from the
salvage sales of forest products, and other activities, funded pursuant
to this section shall be considered as money received for purposes of
calculating and distributing payments to State and local governments
under other law concerning the distribution of revenues derived from
forest resources from the affected Federal lands.
SEC. 407. PRIVATE CONTRACTORS.
(a) Use of Private Contractors.--To conserve budgetary and
personnel resources, each Secretary shall use to the maximum extent
feasible private contractors, including contractors pursuant to the
Jobs in the Woods Program, to prepare sales of forest products from the
Federal lands under the Secretary's jurisdiction.
(b) Requirements.--
(1) Any work conducted by a contractor on a sale shall be
reviewed and approved by the Secretary before any decision on
the design of, condition for, or approval or disapproval of the
sale may be made by the Secretary.
(2) A contractor who worked on a sale may not submit
comments on, or otherwise participate in, any decision by the
Secretary on the design of, conditions for, or approval or
disapproval of the sale.
(3) A contractor who conducted work on a sale, any entity
owned or controlled by the contractor, or any member of the
family of the contractor, may not bid on the sale or provide
any information to potential bidders and bidders on the sale
prior to award of the sale.
(4) Any contracts issued pursuant to this section shall
comply with the requirements of the McNamara-O'Hara Service
Contract Act (11 U.S.C. 351(a)).
SEC. 408. SPECIAL FOREST PRODUCTS.
(a) Definition of Special Forest Product.--For purposes of this
section, the term ``special forest product'' means any vegetation or
other life form, that grows on Federal lands described in section
3(a)(4)(B), excluding trees, animals, insects, or fish except as
provided in regulations issued under this section by the Secretary of
Agriculture.
(b) Fair Market Value for Special Forest Products.--
(1) The Secretary of Agriculture shall charge and collect
not less than the fair market value for special forest products
harvested on Federal lands described in section 3(a)(4)(B).
(2) The Secretary of Agriculture shall establish appraisal
methods and bidding procedures to ensure that the amounts
collected for special forest products are not less than fair
market value.
(c) Fees.--
(1) The Secretary of Agriculture shall charge and collect
from persons who harvest special forest products all costs to
the Department of Agriculture associated with the granting,
modifying, or monitoring the authorization for harvest of the
special forest products, including the costs of any
environmental or other analysis.
(2) The Secretary of Agriculture may require a person that
is assessed a fee under this subsection to provide security to
ensure that the Secretary of Agriculture receives fees
authorized under this subsection from such person.
(d) Waiver.--The Secretary of Agriculture may waive the application
of subsection (b) or subsection (c) pursuant to such regulations as the
Secretary of Agriculture may prescribe.
(e) Collection and Use of Funds.--
(1) Funds collected in accordance with subsection (b) and
subsection (c) shall be deposited into a special account in the
Treasury of the United States.
(2) Funds deposited into the special account in the
Treasury in accordance with this section shall be available for
expenditure by the Secretary of Agriculture, without further
appropriation, and shall remain available until expended to pay
for--
(A) in the case of funds collected pursuant to
subsection (b), the costs of conducting inventories of
special forest products, monitoring and assessing the
impacts of harvest levels and methods, and for
restoration activities, including any necessary
vegetation; and
(B) in the case of fees collected pursuant to
subsection (c), the costs for which the fees were
collected.
(3) Amounts collected under subsection (b) and subsection
(c) shall not be taken into account for the purposes of the
sixth paragraph under the heading of ``Forest Service'' of the
Act of May 23, 1908 (16 U.S.C. 500); section 13 of the Act of
March 1, 1911 (16 U.S.C. 500); the Act of March 4, 1913 (16
U.S.C. 501); the Act of July 22, 1937 (7 U.S.C. 1012); the Acts
of August 8, 1937 and of May 24, 1939 (43 U.S.C. 1181 et seq.);
the Act of June 14, 1926 (43 U.S.C. 869-4); chapter 69 of title
31, United States Code; section 401 of the Act of June 15, 1935
(16 U.S.C. 715s); the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 4601-6a); and any other provision of law
relating to revenue allocation.
SEC. 409. OFF-BUDGET STUDY.
Within twelve months from the date of enactment of this Act, the
United States General Accounting Office shall conduct, and report to
the Committees of Congress the results of, a study of the feasibility
and likely effects of prohibiting any appropriations of funds to the
Forest Service and Bureau of Land Management, except for activities of
such agencies conducted on or related to non-Federal lands, and
permitting such agencies to retain for their use, without further
approval of, or appropriation by, Congress and without fiscal year
limitation, all revenues collected from the Federal lands, with
revenues from mineral activities on Federal lands described in section
3(a)(4)(B) retained by the Forest Service, minus the funds necessary to
make payments to State and local governments under other laws
concerning the distribution of revenues derived from the Federal lands.
SEC. 410. FUELS TREATMENT STUDY.
(a) Study Requirement.--Within one year of the date of enactment of
this Act, the Secretary of Agriculture and the Secretary of the
Interior shall jointly conduct, and report to the Committees of
Congress the results of, a study of the effectiveness of fuels hazard
treatment strategies and methods in the reduction of risk of losses of
private property from catastrophic fires.
(b) Study Purpose.--The study required by subsection (a) shall
provide the scientific basis for the selection by the Secretaries of
fuels hazard treatment priorities based on the effectiveness of
treatment strategies and methods within and outside of the wildland-
urban interface for reducing threats to private lands and communities.
(c) Priorities.--The report required by subsection (a) shall
contain a statement of the fuels hazard treatment priorities
established pursuant to subsection (b).
TITLE V--MISCELLANEOUS
SEC. 501. REGULATIONS.
Not later than 18 months from the date of enactment of this Act,
each Secretary shall promulgate any regulations necessary to carry out
the purposes and provisions of this Act.
SEC. 502. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated in the fiscal year in which
this Act is enacted and each fiscal year for 10 fiscal years thereafter
such sums as may be necessary to carry out the provisions of this Act.
Notwithstanding any other provision of law, all other authorizations of
appropriations for the management of Federal lands shall expire on the
same date as the expiration of the appropriations authority of this
section.
SEC. 503. EFFECTIVE DATE.
The provisions of this Act shall take effect on the date of
enactment of this Act. No decision or action required or authorized by
this Act shall be delayed pending promulgation of any regulation to
carry out the provisions of this Act.
SEC. 504. SAVINGS CLAUSES.
(a) O&C Lands Act.--Notwithstanding any provision of this Act, in
the event of conflict with or inconsistency between this Act and the
Acts of August 28, 1937 (50 Stat. 874; 43 U.S.C. a-1181j) and May 24,
1939 (53 Stat. 753), the latter Acts shall prevail.
(b) Land Use Rights and Authorizations.--Nothing in this Act shall
be construed as--
(1) terminating any valid lease, permit, patent, right-of-
way, or other right of, or authorization for, use of the
Federal lands existing on the date of enactment of this Act; or
(2) altering in any manner any Native American treaty
right.
(c) Valid Existing Rights.--All actions taken by the Secretaries
under this Act shall be subject to valid existing rights.
SEC. 505. SEVERABILITY.
If any provision of this Act or the application thereof is held
invalid, the remainder of the Act, or any other application thereof,
shall not be affected thereby.
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