Text: H.R.987 — 101st Congress (1989-1990)All Information (Except Text)

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--H.R.987--
H.R.987
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
To amend the Alaska National Interest Lands Conservation Act, to protect
certain lands in the Tongass National Forest in perpetuity, to modify certain
long-term timber contracts, to provide for protection of riparian habitat,
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 AND DEFINITION.
 (a) SHORT TITLE- This Act may be cited as the `Tongass Timber Reform Act'.
TITLE I--FOREST MANAGEMENT PROVISIONS
SEC. 101. TO REQUIRE ANNUAL APPROPRIATIONS FOR TIMBER MANAGEMENT ON THE
TONGASS NATIONAL FOREST.
 The Alaska National Interest Lands Conservation Act (Public Law 96-487,
 hereinafter referred to as `ANILCA') is hereby amended by deleting section
 705(a) (16 U.S.C. 539d(a)) in its entirety and inserting in lieu thereof
 the following:
 `SEC. 705. (a) Subject to appropriations, other applicable law, and
 the requirements of the National Forest Management Act of 1976 (Public
 Law 94-588), except as provided in subsection (d) of this section, the
 Secretary shall, to the extent consistent with providing for the multiple
 use and sustained yield of all renewable forest resources, seek to provide
 a supply of timber from the Tongass National Forest which (1) meets the
 annual market demand for timber from such forest and (2) meets the market
 demand from such forest for each planning cycle.'.
SEC. 102. IDENTIFICATION OF LANDS UNSUITABLE FOR TIMBER PRODUCTION.
 ANILCA is further amended by deleting section 705(d) (16 U.S.C. 539d(d))
 in its entirety and inserting in lieu thereof:
 `(d) All provisions of section 6(k) of the National Forest Management Act of
 1976 (16 U.S.C. 1604(k)) shall apply to the Tongass National Forest except
 that the Secretary need not consider economic factors in the identification
 of lands not suited for timber production.'.
SEC. 103. FISHERIES PROTECTION.
 (a) Section 705 (16 U.S.C. 539d) of ANILCA is amended by adding at the end
 thereof the following new subsection:
 `(e) In order to assure protection of riparian habitat, the Secretary shall
 maintain a buffer zone of no less than one hundred feet in width on each side
 of all Class I streams in the Tongass National Forest, and on those Class II
 streams which flow directly into a Class I stream, within which commercial
 timber harvesting shall be prohibited, except where independent national
 forest timber sales have already been sold prior to March 1, 1990, or where
 volume has been released prior to March 1, 1990, to either the Alaska Pulp
 Corporation or the Ketchikan Pulp Company pursuant to the long-term timber
 sale contracts numbered 12-11-010-1545 and A10fs-1042 respectively. If such
 an independent timber sale or released volume is within the buffer zone,
 the Secretary shall make every effort to relocate such independent sale or
 released volume to an area outside of the buffer zone. The Secretary shall
 use best management practices, as defined in the Region 10 Soil and Water
 Conservation handbook (FSH 2509.22), January 1990, to assure the protection
 of riparian habitat on streams or portions of streams not protected by
 such buffer zones. For the purposes of this subsection, the terms `Class I
 streams' and `Class II streams' mean the same as they do in the Region 10
 Aquatic Habitat Management Handbook (FSH 2609.24), June 1986.'.
 (b) No later than one year after the date of enactment of this Act, the
 Secretary of Agriculture, in consultation with the State of Alaska, the
 National Marine Fisheries Service, and affected private land owners, shall
 prepare and transmit to the Congress a study containing recommendations on
 the need, if any, to standardize riparian management practices for Federal,
 State, and private lands within the Tongass National Forest.
SEC. 104. FUTURE REPORTS ON THE TONGASS NATIONAL FOREST AND CONSULTATION.
 (a) REPORTS- Section 706(a) of ANILCA (16 U.S.C. 539e(a)) is amended by
 striking the second sentence. Section 706(b) of ANILCA (16 U.S.C. 539e(b))
 is amended as follows:
 (1) Strike `and (4)' and insert in lieu thereof `(4)'.
 (2) Strike the period at the end of the subsection and insert `, and (5)
 the impact of timber management on subsistence resources, wildlife, and
 fisheries habitats.'.
 (b) CONSULTATION- Section 706(c) of ANILCA (16 U.S.C. 539e(c)) is amended
 by striking `and the Alaska Land Use Council' and inserting in lieu thereof
 `the southeast Alaska commercial fishing industry, and the Alaska Land
 Use Council.'.
SEC. 105. SMALL BUSINESS SET-ASIDE PROGRAMS.
 (a) Section 14(i)(1) of the National Forest Management Act of 1976 (16
 U.S.C. 472a(i)(1)), is amended by striking the following: `road: Provided,
 That the provisions of this subsection shall not apply to sales of timber
 on National Forest System lands in the State of Alaska.' and inserting in
 lieu thereof `road.'.
 (b) Section 705 (16 U.S.C. 539d) of ANILCA is amended by adding at the end
 thereof the following new subsection:
 `(f) Subject to appropriations, the provisions of this Act and other
 applicable law (including but not limited to the requirements of the National
 Forest Management Act of 1976 (Public Law 94-588)) and in order to assure
 the continuation of the Small Business Administration timber sale program,
 the Secretary shall, in consultation with the Administrator of the Small
 Business Administration and to the extent consistent with providing for
 the multiple use and sustained yield of all renewable forest resources,
 seek to provide a supply of timber from the Tongass National Forest to
 those purchasers qualifying as `small business concerns' under the Small
 Business Act as amended (15 U.S.C. 631 et seq.).'.
 (c) The provisions of subsections (a) and (b) of this section shall not apply
 to the purchase of timber within the Tongass National Forest pursuant to
 the long-term timber sale contracts numbered 12-11-010-1545 and A10fs-1042
 between the United States and the Alaska Pulp Corporation, and between the
 United States and the Ketchikan Pulp Company, respectively.
SEC. 106. TENAKEE SPRINGS ROAD.
 The Secretary of Agriculture shall not construct a vehicular access road
 connecting the Indian River and Game Creek roads, and shall not engage in
 any further efforts to connect the city of Tenakee Springs with the logging
 road system on Chichagof Island, unless the city councils of Tenakee Springs
 and Hoonah both determine that the road should be constructed and so inform
 the Secretary.
TITLE II--TONGASS NATIONAL FOREST LANDS PROTECTION
SEC. 201. LUD II MANAGEMENT AREAS.
 Title V of ANILCA is amended by adding at the end thereof the following
 new section:
`SEC. 508. LUD II MANAGEMENT AREAS.
 `The following lands are hereby allocated to Land Use Designation II
 (`LUD II') as described in the Tongass National Forest Land Management
 Plan, completed March, 1979, and amended Winter 1985-1986, and shall be
 managed by the Secretary of Agriculture in perpetuity in accordance with
 such designation:
 `(1) YAKUTAT FORELANDS- Certain lands which comprise approximately 137,947
 acres, as generally depicted on a map entitled `Yakutat Forelands LUD II
 Management Area--Proposed' and dated March, 1990.
 `(2) BERNERS BAY- Certain lands which comprise approximately 46,000 acres,
 as generally depicted on a map entitled `Berners Bay LUD II Management
 Area--Proposed' and dated May, 1989.
 `(3) ANAN CREEK- Certain lands which comprise approximately 38,415 acres,
 as generally depicted on a map entitled `Anan Creek LUD II Management
 Area--Proposed' and dated October, 1990.
 `(4) KADASHAN- Certain lands which comprise approximately 33,641 acres,
 as generally depicted on a map entitled `Kadashan LUD II Management
 Area--Proposed' and dated May, 1989.
 `(5) LISIANSKI RIVER/UPPER HOONAH SOUND- Certain lands which comprise
 approximately 137,538 acres as generally depicted on a map entitled
 `Lisianski River/Upper Hoonah Sound LUD II Management Area--Proposed'
 and dated October, 1990.
 `(6) MT. CALDER/MT. HOLBROOK- Certain lands which comprise
 approximately 64,040 acres as generally depicted on a map entitled
 `Mt. Calder/Mt. Holbrook LUD II Management Area--Proposed' and dated May,
 1989 and `Mt. Calder/Mt. Holbrook LUD II Addition', dated October, 1990.
 `(7) NUTKWA- Certain lands which comprise approximately 28,118 acres as
 generally depicted on a map entitled `Nutkwa LUD II Management Area--Proposed'
 and dated May, 1989.
 `(8) OUTSIDE ISLANDS- Certain lands which comprise approximately 75,017 acres
 as generally depicted on a map entitled `Outside Islands LUD II Management
 Area--Proposed' and dated May, 1989.
 `(9) TRAP BAY- Certain lands which comprise approximately 6,646 acres
 as generally depicted on a map entitled `Trap Bay LUD II Management
 Area--Proposed' and dated May, 1989.
 `(10) POINT ADOLPHUS/MUD BAY- Certain lands which comprise approximately
 113,326 acres as generally depicted on a map entitled `Point Adolphus/Mud
 Bay LUD II Management Area--Proposed' and dated October, 1990.
 `(11) NAHA- Certain lands which comprise approximately 31,794 acres as
 generally depicted on a map entitled `Naha LUD II Management Area--Proposed'
 and dated October, 1990.
 `(12) SALMON BAY- Certain lands which comprise approximately 10,000 acres
 as generally depicted on a map entitled `Salmon Bay LUD II Management
 Area--Proposed' and dated October, 1990.'.
SEC. 202. WILDERNESS DESIGNATION.
 Section 703 of ANILCA is amended by adding at the end thereof the following:
 `(c) DESIGNATION OF ADDITIONAL WILDERNESS ON THE TONGASS NATIONAL FOREST-
 In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131-1136),
 the following lands within the Tongass National Forest in the State of
 Alaska are hereby designated as wilderness, subject to valid existing rights,
 and therefore as components of the National Wilderness Preservation System:
 `(1) PLEASANT/LEMUSURIER/INIAN ISLANDS- Certain lands which comprise
 approximately 23,140 acres as generally depicted on a map entitled
 `Tongass Timber Moratorium Area Pleasant/Lemusurier/Inian Islands' and
 dated February, 1989, which shall be known as the Pleasant/Lemusurier/Inian
 Islands Wilderness.
 `(2) YOUNG LAKE ADDITION- Certain lands which comprise approximately 18,173
 acres as generally depicted on a map entitled `Tongass Timber Moratorium
 Area Young Lake' and dated February, 1989, which shall be incorporated
 into and managed as a part of the Admiralty Island National Monument and
 as a part of the Kootznoowoo Wilderness. The Secretary of Agriculture shall
 make adjustments to the boundaries of the Admiralty Island National Monument
 and to the Kootznoowoo Wilderness as necessary to incorporate such lands.
 `(3) SOUTH ETOLIN ISLAND- Certain lands which comprise approximately 83,642
 acres as generally depicted on a map entitled `Tongass Timber Moratorium
 Area South Etolin Island' dated February, 1989, which shall be known as
 the South Etolin Wilderness.
 `(4) CHUCK RIVER- Certain lands which comprise approximately 72,503 acres,
 as generally depicted on a map entitled `Chuck River Wilderness--Proposed'
 and dated October, 1990, which shall be known as the Chuck River Wilderness.
 `(5) KARTA RIVER- Certain lands which comprise approximately 38,046 acres,
 as generally depicted on a map entitled `Tongass Timber Moratorium Area
 Karta River' and dated February, 1989, which shall be known as the Karta
 River Wilderness.
 `(6) KUIU- Certain lands which comprise approximately 60,576 acres, as
 generally depicted on a map entitled `Kuiu Wilderness--Proposed' and dated
 October, 1990, which shall be known as the Kuiu Wilderness.'.
SEC. 203. KADASHAN STUDY.
 The Secretary shall complete, as part of the Tongass Land Management Plan
 revision process, in consultation with the State of Alaska,  the City of
 Tenakee Springs, and other interested parties, a comprehensive study of
 the Kadashan LUD II Management Area as described in section 201(4). The
 Secretary shall submit a separate report of such study to the Committee on
 Energy and Natural Resources in the Senate and the Committee on Interior
 and Insular Affairs in the House of Representatives, which shall include,
 but not be limited to:
 (a) an assessment of the natural, cultural, environmental, fish and wildlife
 (including habitat) resources and values of such area; and
 (b) an assessment of the need for, potential uses, alternatives to and
 environmental impacts of providing a transportation corridor route through
 the Kadashan river valley.
TITLE III--MODIFICATION OF LONG-TERM TIMBER SALE CONTRACTS IN SOUTHEAST ALASKA
SEC. 301. CONTRACT MODIFICATIONS.
 (a) DEFINITIONS- As used in this section, the term `Secretary' means
 the Secretary of Agriculture. The term `TLMP' means the Tongass National
 Forest Land Management Plan, completed March, 1979, and amended Winter
 1985-1986. The term `contracts' means the long-term timber sale contracts
 numbered 12-11-010-1545 and A10fs-1042 between the United States and the
 Alaska Pulp Corporation, and between the United States and the Ketchikan
 Pulp Company, respectively.
 (b) FINDING- The Congress hereby finds and declares that it is in the
 national interest to modify the contracts in order to assure that valuable
 public resources in the Tongass National Forest are protected and wisely
 managed. Modification of the long-term timber sale contracts will enhance
 the balanced use of resources on the forest and promote fair competition
 within the southeast Alaska timber industry.
 (c) UNILATERAL CHANGES- The contracts are hereby modified to:
 (1) assure that all timber sale planning, management requirements and
 environmental assessment procedures regarding the contracts are consistent
 with procedures for independent national forest timber sales, pursuant
 to the National Forest Management Act of 1976 (Public Law 94-588), the
 National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
 other applicable laws;
 (2) eliminate the practice of harvesting a disproportionate amount of
 old-growth timber by limiting the volume harvested over the rotation in
 volume classes 6 and 7, as defined in TLMP and supporting documents, so
 that the proportion of volume harvested in these classes within a contiguous
 management area does not exceed the proportion of volume currently represented
 by these classes within the management area;
 (3) assure that all timber offered under each contract be substantially
 harvested within three years or the Secretary shall withhold further
 offerings pursuant to such contract, unless harvesting has been delayed by
 third-party litigation;
 (4) assure that the Secretary determines the location and size of sale
 units and the timing of timber harvests;
 (5) allow rejection of timber offered under the contracts. Upon rejection of
 any timber offered, the Secretary may re-offer such timber to any qualified
 bidder under independent national forest timber sales. If the rejected
 timber is subsequently sold within 12 months, that amount of timber shall
 be subtracted from the volume remaining under the appropriate contract;
 (6) assure that utility logs offered under the contracts shall be counted
 against contract volume requirements. As used in this paragraph, the term
 `utility log' means the same as it does in the official Log Scaling and
 Grading Rules, Northwest Log Rules Advisory Group, January 1, 1982;
 (7) assure that purchaser road credits are provided under the contracts in
 a manner consistent with independent national forest timber sale procedures;
 (8) assure that the price of timber offered under the contracts shall be
 adjusted to be comparable with that of independent national forest timber
 sales, with stumpage rates and profitability criteria comparable to those
 of independent purchasers in competitive sales; and
 (9) assure that timber offered under the contracts meets economic criteria
 consistent with that of independent national forest timber sales.
 (d) CERTIFICATION TO CONGRESS- Notwithstanding any other provision of law,
 the Secretary is directed to make the necessary revisions to the text of the
 contracts to reflect the modifications to such contracts made by subsection
 (c) of this section. The Secretary shall promptly, and in no event later
 than ninety days after the date of enactment of this Act, transmit the text
 of the modified contracts to the Congress together with a certification that
 these revisions are in compliance with the modifications made by subsection
 (c). Until such time as the Secretary transmits the text of the modified
 contracts to the Congress, but no later than ninety days after the date of
 enactment of this Act, the Secretary is authorized to conduct timber sale
 operations on the Tongass National Forest in accordance with the provisions
 of the contracts as they existed on the day before the date of enactment of
 this Act. At such time as the Secretary transmits the modified contracts
 to Congress, or ninety days after the date of enactment of this Act,
 whichever is sooner, the Secretary shall conduct timber sale operations on
 the Tongass National Forest only in accordance with the provisions of the
 modified contracts.
 (e) STUDY- Within one year after the date of enactment of this Act, the
 Secretary shall transmit a study to the Committee on Energy and Natural
 Resources in the Senate and to the Committee on Interior and Insular Affairs
 in the House of Representatives which includes the following:
 (1) an assessment of whether the Secretary can meet the provisions
 of the National Forest Management Act of 1976 (Public Law 94-588), the
 Multiple-Use Sustained Yield Act of 1960 (16 U.S.C. 528 et seq.) and other
 laws applicable to the management of the national forests while providing
 the volume of timber required by the modified contracts. In conjunction
 with such assessment, the Secretary shall also provide such recommendations
 as the Secretary deems appropriate regarding reductions in the volume of
 timber required by the modified contracts, and
 (2) an analysis of the potential impacts of eliminating the two contract
 areas provided for in the modified contracts, including, but not limited to,
 an assessment of the following factors:
 (A) the effect on supply and demand, and price of timber within Southeast
 Alaska;
 (B) effects on the availability of timber to purchasers of independent
 timber sales;
 (C) effects on the availability of timber to be owners of the modified
 contracts; and
 (D) effects on fish and wildlife and other non-commodity resources within
 the Tongass National Forest.
 (f) The Secretary shall take such other actions in management of the Tongass
 National Forest as may be necessary to meet the provisions of subsection (c).
 (g) GAO AUDIT- The Comptroller General of the  United States shall, on a
 continuing basis, audit the actions taken by the Secretary to revise the text
 of the contracts pursuant to the modifications made pursuant to subsection
 (c). Within thirty days after the Secretary's transmittal of the contracts and
 certification to the Energy and Natural Resources in the Senate and to the
 Committee on Interior and Insular Affairs in the House of Representatives,
 and in no event later than one hundred and twenty days after the date
 of enactment of this Act, the Comptroller General shall submit a report
 to such Committees describing the revisions made by the Secretary to the
 contracts and stating whether, in the opinion of the Comptroller General,
 the revised contracts are in compliance with the requirements of this section.
TITLE IV--HAIDA LAND SELECTIONS
SEC. 401. HAIDA LAND EXCHANGE ACT AMENDMENT.
 The Haida Land Exchange Act of 1986 (Public Law 99-664) is hereby amended
 by adding the following new section at the end thereof:
`SEC. 12. SULZER PORTAGE LANDS SELECTION.
 `(a) WITHDRAWAL- The following lands are withdrawn, subject to valid existing
 rights, from all forms of appropriation under the public land laws, including
 the mining and mineral leasing laws, and from selection under the Alaska
 Statehood Act (Public Law 85-508) as amended:
`COPPER RIVER MERIDIAN
`Township 76 South, Range 85 East
 `Section 16: South half south half, northwest quarter southwest quarter.
 `Section 17: West half, southeast quarter, south half northeast quarter.
 `Section 18: Fractional.
 `Section 19: North half northeast quarter,  southeast quarter northeast
 quarter, northeast quarter northwest quarter.
 `Section 20: North half, north half  southeast quarter,  southeast quarter
 southeast quarter.
 `Section 21: All.
 `Section 22: South half, south half north half, fractional.
 `Section 23: South half, fractional.
 `Section 24: South half,  fractional.
 `Section 25: All, excluding islets.
 `Section 26: North half, north half  southeast quarter,  fractional.
 `Section 27: East half, east half west half, northwest quarter, northwest
 quarter, southwest quarter southwest quarter.
 `Section 28: Northeast quarter northeast quarter,  southeast quarter
 southeast quarter.
 `Section 31: Southwest quarter, west half  southeast quarter.
`Township 76 South, Range 86 East
 `Section 30: Southwest quarter, including all  fractional lands on west
 shore of Big Creek Bay.
 `Section 31: East half west half, southwest quarter  southeast quarter,
 northwest quarter  southeast quarter.
`Township 77 South, Range 86 East
 `Section 2: North half,  southeast quarter, north half southwest quarter.
 `(b) SELECTION- (1) For a period of one year after the date of enactment
 of this section, Haida Corporation shall be entitled to select lands from
 among those lands withdrawn pursuant to subsection (a). Haida Corporation
 shall notify the Secretary of the Interior which lands so withdrawn Haida
 Corporation wishes to select and shall designate which Haida Exchange
 Lands and/or outstanding selection rights under section 16 of the Alaska
 Native Claims Settlement Act (43  U.S.C. 1615) Haida Corporation intends
 to exchange or relinquish in return for its selections hereunder.
 `(2) The exchange of lands selected by Haida Corporation pursuant to this
 subsection for Haida Exchange Lands or selection rights under section 16
 of the Alaska Native Claims Settlement Act shall be on  an acre-for-acre
 basis. The conveyance of lands to Haida Corporation and Sealaska pursuant
 to this subsection shall be deemed a conveyance of lands pursuant to the
 Alaska Native Claims Settlement Act.
 `(3) After the selection is made pursuant to paragraph (1), the surface
 estate in lands selected by Haida Corporation shall be conveyed to Haida
 Corporation subject to valid existing rights and the subsurface estate
 in such lands shall be conveyed to Sealaska Corporation subject to valid
 existing rights in partial fulfillment of such corporations' entitlement
 under the Alaska Native Claims Settlement Act and pursuant to the provisions
 of that Act: Provided, That the  United States shall reserve the recorded
 existing easement, three hundred feet in total width on the Sulzer Portage
 trail between Cholmondley Sound and Hetta Inlet: Provided however, That
 timber occurring within those portions of the easement boundaries that
 traverse lands owned by Haida Corporation shall remain the property of
 Haida Corporation. The Secretary of Agriculture shall allow the State of
 Alaska use of such easement for a transportation corridor.
 `(c) DURATION- The withdrawal made pursuant to subsection (a) shall terminate
 ninety days after the  United States has conveyed the surface and subsurface
 estates of all lands selected by Haida Corporation pursuant to subsection
 (b) to Haida Corporation and Sealaska Corporation respectively, or one year
 after the date of enactment of this section, whichever is later.
 `(d) PROHIBITION- Haida Corporation shall not be entitled to select lands
 pursuant to this Act or section 16 of the Alaska Native Claims Settlement
 Act in the area referred to in section 508(7) of the Alaska National Interest
 Lands Conservation Act.'.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. POTENTIAL ACQUISITION OF PREVIOUSLY HARVESTED LANDS.
 (a) No later than one year after the date of enactment of this Act, the
 Secretary shall complete a study regarding the feasibility of acquiring
 private lands located within the boundary of the Tongass National Forest,
 which have been significantly harvested. Such study shall include, but not
 be limited to:
 (1) a description of such lands;
 (2) a status report regarding the ownership of such lands;
 (3) an assessment of the suitability of such lands for future timber
 management, including potential timber production;
 (4) an assessment of other present and future resource values associated
 with such lands; and
 (5) an estimate of the cost of acquiring such lands.
 (b) Upon completion of the study, the Secretary shall transmit it to the
 Committee on Energy and Natural Resources of the Senate and Committee on
 Interior and Insular Affairs of the House of Representatives.
SEC. 502. LAKE FLORENCE NEGOTIATIONS.
 During the sixty-day period beginning on the date of enactment of this Act,
 the Secretary is directed to engage in expedited negotiations with Shee Atika,
 Inc., Atikon, Inc., and Sealaska for independent voluntary exchange agreements
 through which the  United States would acquire all of the surface estate or
 all of the surface and subsurface estates held by these private parties in
 the Lake Florence, Lake Kathleen, and Wards Creek drainages of Admiralty
 Island. The first priority of such negotiations shall be acquisition of
 the Lake Florence drainage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.