Text: H.R.2886 — 105th Congress (1997-1998)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 105-281 (10/26/1998)

 
[105th Congress Public Law 281]
[From the U.S. Government Printing Office]


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[DOCID: f:publ281.105]


[[Page 112 STAT. 2695]]

Public Law 105-281
105th Congress

                                 An Act


 
   To provide for a demonstration project in the Stanislaus National 
   Forest, California, under which a private contractor will perform 
 multiple resource management activities for that unit of the National 
         Forest System. <<NOTE: Oct. 26, 1998 -  [H.R. 2886]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Granite 
Watershed Enhancement and Protection Act of 1998.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Granite Watershed Enhancement and 
Protection Act of 1998''.

SEC. 2. DEMONSTRATION RESOURCE MANAGEMENT PROJECT, STANISLAUS NATIONAL 
            FOREST, CALIFORNIA, TO ENHANCE AND PROTECT THE GRANITE 
            WATERSHED.

    (a) Resource Management Contract Authorized.--The 
Secretary of Agriculture may enter into a contract with a single private 
contractor to perform multiple resource management activities on Federal 
lands within the Stanislaus National Forest in the State of California 
for the purpose of demonstrating enhanced ecosystem health and water 
quality, and significantly reducing the risk of catastrophic wildfire, 
in the Granite watershed at a reduced cost to the Government. The 
contract shall be for a term of 5 years.
    (b) Authorized Management Activities.--The types of resource 
management activities performed under the contract shall include the 
following:
            (1) Reduction of forest fuel loads through the use of 
        precommercial and commercial thinning and prescribed burns in 
        the Granite watershed.
            (2) Monitoring of ecosystem health and water quality in the 
        Granite watershed.
            (3) Monitoring of the presence of wildlife in the area in 
        which management activities are performed and the effect of the 
        activities on wildlife presence.
            (4) Such other resource management activities as the 
        Secretary considers appropriate to demonstrate enhanced 
        ecosystem health and water quality in the Granite watershed.

    (c) Compliance With Federal Law and Spotted Owl Guidelines.--All 
resource management activities performed under the contract shall be 
performed in a manner consistent with applicable Federal law and the 
standards and guidelines for the conservation of the California spotted 
owl (as set forth in the California Spotted Owl Sierran Province Interim 
Guidelines or the subsequently issued final guidelines, whichever is in 
effect).
    (d) Funding.--

[[Page 112 STAT. 2696]]

            (1) Sources of funds.--To provide funds for the resource 
        management activities to be performed under the contract, the 
        Secretary may use--
                    (A) funds appropriated to carry out this section;
                    (B) funds specifically provided to the Forest 
                Service to implement projects to demonstrate enhanced 
                water quality and protect aquatic and upland resources;
                    (C) excess funds that are allocated for the 
                administration and management of the Stanislaus National 
                Forest, California;
                    (D) hazardous fuels reduction funds allocated for 
                Region 5 of the Forest Service; and
                    (E) a contract provision allowing the cost of 
                performing authorized management activities described in 
                subsection (b) to be offset by the values owed to the 
                United States for any forest products removed by the 
                contractor.
            (2) Prohibition on use of certain funds.--Except as provided 
        in paragraph (1), the Secretary may not carry out the contract 
        using funds appropriated for any other unit of the National 
        Forest System.
            (3) Conditions on funds transfers.--Any transfer of funds 
        under paragraph (1) may be made only in accordance with the 
        procedures concerning notice to, and review by, the Committee on 
        Appropriations of the House of Representatives and the Committee 
        on Appropriations of the Senate that are applied by the 
        Secretary in the case of a transfer of funds between 
        appropriations.

    (e) Acceptance and Use of State Funds.--The Secretary may accept and 
use funds provided by the State of California to assist in the 
implementation of the contract under this section.
    (f ) Reporting Requirements.--Not later than February 28 of each 
year during the term of the contract, the Secretary shall submit to 
Congress a report describing--
            (1) the resource management activities performed under the 
        contract during the period covered by the report;
            (2) the source and amount of funds used under subsection (d) 
        to carry out the contract; and
            (3) the resource management activities to be performed under 
        the contract during the calendar year in which the report is 
        submitted.

[[Page 112 STAT. 2697]]

    (g) Relationship to Other Laws.--Nothing in this section exempts the 
contract, or resource management activities to be performed under the 
contract, from any Federal environmental law.

    Approved October 26, 1998.

LEGISLATIVE HISTORY--H.R. 2886:
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HOUSE REPORTS: No. 105-527 (Comm. on Resources).
SENATE REPORTS: No. 105-292 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 144 (1998):
            May 12, considered and passed House.
            Oct. 2, considered and passed Senate, amended.
            Oct. 10, House concurred in Senate amendment.

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