Text: S.1301 — 113th Congress (2013-2014)All Bill Information (Except Text)

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Reported to Senate (06/02/2014)

Calendar No. 407

113th CONGRESS
2d Session
S. 1301

[Report No. 113–180]


To provide for the restoration of forest landscapes, protection of old growth forests, and management of national forests in the eastside forests of the State of Oregon.


IN THE SENATE OF THE UNITED STATES
July 16 (legislative day, July 15), 2013

Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

June 2, 2014

Reported by Ms. Landrieu, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


A BILL

To provide for the restoration of forest landscapes, protection of old growth forests, and management of national forests in the eastside forests of the State of Oregon.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013”.

SEC. 2. Purposes.

The purposes of this Act are—

(1) to conserve and restore the eastside National Forests of the State;

(2) to create an immediate, predictable, and increased timber flow to support locally based restoration economies in the communities of the eastside National Forests of the State;

(3) to make the eastside National Forests of the State more resistant and resilient to, and to mitigate the effects of, climate change;

(4) to protect, restore, and increase old-growth forest stands and trees in the eastside National Forests of the State;

(5) to promote collaboration in the communities of the eastside National Forests of the State to respond to critical threats to forest and watershed health and to support natural resource- and restoration-based economies;

(6) to prioritize, strategically target, and accelerate projects to improve forest health and watershed health in old growth forests located in the eastside National Forests of the State; and

(7) to provide the Secretary, collaborative groups, and the public with independent scientific advice for restoring forest health and watershed health in the eastside National Forests of the State.

SEC. 3. Definitions.

In this Act:

(1) ADVISORY PANEL.—The term “advisory panel” means the Eastside Forest Scientific and Technical Advisory Panel established under section 6(a).

(2) COLLABORATIVE GROUP.—The term “collaborative group” means a group of individuals that meets the requirements of section 8(a)(2).

(3) COVERED AREA.—The term “covered area” means the area selected by the Secretary under section 4(a)(1) that is—

(A) within the State; and

(B) not within the area covered by the Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents Within the Range of the Northern Spotted Owl, dated April 1994.

(4) DECISION NOTICE.—The term “Decision Notice” means the decision notice entitled “Decision Notice for the Revised Continuation of Interim Management Direction Establishing Riparian, Ecosystem and Wildlife Standards for Timber Sales, United States Forest Service Region 6, Colville, Deschutes, Fremont, Malheur, Ochoco, Okanogan, Umatilla, Wallowa-Whitman and Winema National Forests in Oregon and Washington” and approved by the Pacific Northwest Regional Forester on June 6, 1995.

(5) EMERGENCY CONDITION.—The term “emergency condition” means a condition—

(A) that results in an—

(i) imminent risk to life or property; or

(ii) immediate impairment of the public use and enjoyment of a trail, road, highway, public facility, or public land; and

(B) with respect to subparagraph (A)(ii), the urgency to address the emergency of which outweighs the benefits of full notice and comment.

(6) FOREST HEALTH.—The term “forest health” means conditions that enable forested land—

(A) to be durable, resilient, and less prone to uncharacteristic wildfire, insect, or pathogen outbreaks, while—

(i) supporting ecosystem services and populations of native species; and

(ii) allowing for natural disturbances;

(B) to maintain or develop species composition, ecosystem function and structure, hydrologic function, and sediment regimes that are within an acceptable range that considers—

(i) historic variability; and

(ii) anticipated future conditions; and

(C) to be resistant and resilient to un­char­ac­ter­is­tic events.

(7) FOREST STAND.—The term “forest stand” means a contiguous group of trees that are sufficiently uniform in age-class distribution, composition, and structure and that are growing on a site of sufficiently uniform quality to be a distinguishable unit.

(8) INITIATIVE.—The term “Initiative” means an initiative established by the Secretary—

(A) to restore and improve the ecological structure, composition, and function and the natural processes of watersheds within the National Forest System;

(B) to preserve and create local jobs in rural communities that are located in or near National Forest System land;

(C) to sustain the local wood products infrastructure and community capacity that is necessary for the appropriate management and restoration of National Forest System land;

(D) to promote cooperation and collaboration in the management of National Forest System land;

(E) to carry out collaborative projects to restore forest health and watershed health and to reduce the risk of uncharacteristic disturbances from fire, insects, and disease to communities, watersheds, and natural resources through a collaborative process of planning, prioritizing, and implementing ecological restoration, hazardous fuel reduction, and other vegetation management projects;

(F) to collect information from the projects carried out under this Act in an effort to better understand the manner in which to improve forest restoration and management activities;

(G) that includes all National Forest System land within the covered area; and

(H) under which not more than 15 National Forests may be selected to participate.

(9) INVENTORIED ROADLESS AREA.—The term “inventoried roadless area” means 1 of the areas identified in the set of inventoried roadless area maps contained in the Forest Service Roadless Areas Conservation, Final Environmental Impact Statement, Volume 2, dated November 2000.

(10) NATIONAL FOREST SYSTEM.—The term “National Forest System” has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).

(11) PILOT LANDSCAPE.—The term “pilot landscape” means a National Forest entirely within the covered area on which a project is being carried out under section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) as of January 1, 2013.

(12) PLANT ASSOCIATION.—

(A) IN GENERAL.—The term “plant association” means a description of a plant community that—

(i) would potentially, in the absence of a disturbance, occupy a site; and

(ii) may be aggregated into 1 or more groups based on similarities in plant species, composition, environment, and productivity.

(B) INCLUSION.—The term “plant association” includes, with respect to a forested site, species representing tree, shrub, and herbaceous layers.

(13) SECRETARY.—The term “Secretary” means the Secretary of Agriculture (acting through the Chief of the Forest Service).

(14) STATE.—The term “State” means the State of Oregon.

(15) UNCHARACTERISTIC.—The term “un­char­ac­ter­is­tic” means a wildfire, insect, or pathogen outbreak or level of forest fuel, the severity, size, frequency, or quantity of which exceeds the historic range of variability.

(16) WATERSHED AREA.—The term “watershed area” means 1 or more subwatersheds (also known as 6th code hydrologic units).

(17) WATERSHED HEALTH.—The term “watershed health” means landscape conditions that enable riparian and aquatic ecosystems—

(A) to capture, store, and release water, sediment, wood, and nutrients;

(B) to provide for water temperatures that are within the range of variability of the natural regimes for the processes described in subparagraph (A); and

(C) to create and sustain functional riparian, aquatic, and wetland habitats that are capable of supporting diverse populations of native aquatic- and riparian-dependent species.

SEC. 4. Land management.

(a) Application of the initiative to the covered area.—

(1) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, the Secretary shall select all or part of 1 or more National Forests in the State as part of the Initiative.

(2) TERM.—The selection under paragraph (1) shall be for a period of 15 years.

(3) EFFECT.—The provisions of this Act shall apply to the covered area.

(b) Land management goals.—

(1) IN GENERAL.—In the covered area, the Secretary shall, considering the best available science, seek—

(A) to conserve and restore forest health, watershed health, and other ecosystems;

(B) to reduce the risk of, and increase the resistance and resiliency of the land to, uncharacteristic disturbances;

(C) to allow for characteristic natural disturbances; and

(D) to harvest wood to maintain adequate levels of industry infrastructure to accomplish the goals described in subparagraphs (A), (B), and (C).

(2) FOREST MANAGEMENT.—To achieve the goals of paragraph (1) in the forested land in the covered area, the Secretary shall consider opportunities—

(A) to reduce the basal area in overstocked forest stands;

(B) to increase the mean diameter of forest stands;

(C) to maintain or create a forest composition that focuses on more fire- and drought-tolerant species;

(D) to restore historic levels of within-forest stand spatial heterogeneity;

(E) to conserve and restore old growth;

(F) to conserve and restore population levels of older trees;

(G) to conserve and restore ecologically sustainable forest stands and landscapes to incorporate characteristic forest stand structures and older tree populations;

(H) to harvest wood and use the value of merchantable sawlogs and biomass to help offset the cost of improving forest health and watershed health;

(I) to restore or maintain sustainable and fire-resilient conditions in perpetuity through active management (including management through prescribed or wildland fire and mechanical treatments);

(J) to restore or maintain ecologically appropriate spatial complexity (including a range of open to dense forest patches at scales from the forest stand to the landscape);

(K) to create nonuniform effects in carrying out vegetation management projects by avoiding extensive areas of uniform treatment, except for certain treatments (such as broadcast burns) that are carried out to enhance the spatial heterogeneity of the forest site;

(L) to restore or maintain ecologically appropriate understory plant community composition and condition, including—

(i) by restoring and maintaining native ground cover; and

(ii) by reducing the impacts of, and potential for, exotic and other invasive species; and

(M) to increase stakeholder participation through collaborative groups.

(c) Planning.—To help to achieve the goals described in subsection (b), the Secretary shall use landscape scale planning based on watershed areas as a tool to implement ecological restoration projects in the covered area.

(d) Performance goals.—

(1) IN GENERAL.—Not later than 60 days after the date on which the Secretary selects the covered area, the Secretary, in consultation with the relevant collaborative groups, may establish performance goals, in addition to the goals that are established by subsection (b), that the Secretary shall seek to achieve consistent with the purposes of this Act and the goals and opportunities described in subsection (b) for the covered area.

(2) TERM.—Subject to paragraph (3), each performance goal established under paragraph (1) shall be measured annually for a period of 15 years.

(3) ADDITIONS.—The Secretary may develop additional performance goals that the Secretary determines to be appropriate during the period established by paragraph (2).

(4) PRIORITIZATION.—Subject to the limitations described in section 12(c), the Secretary shall prioritize the vegetation management and hazardous fuels reduction program activities in the covered area to achieve the performance goals established under this subsection.

(5) RESTORATION GOALS.—

(A) IN GENERAL.—Within the covered area, consistent with the goals, and after considering the opportunities, described in subsection (b), the Secretary shall, to the maximum extent practicable, prepare, offer, and promptly implement—

(i) projects that—

(I) are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct; and

(II) are conducted on—

(aa) for the first fiscal year after the date of enactment of this Act, not less than 60,000 acres;

(bb) for the subsequent fiscal year, not less than 80,000 acres; and

(cc) for each fiscal year thereafter until the fiscal year in which at least 1 ecological restoration project for each National Forest is initiated under section 7, not less than 100,000 acres; and

(ii) for each fiscal year after the fiscal year specified in subparagraph clause (i)(II)(cc), an ecological restoration project on each National Forest in the covered area with a gross planning area of not less than 25,000 acres.

(B) ANNUAL GOALS.—

(i) IN GENERAL.—Beginning in the first fiscal year after the date on which at least 1 ecological restoration project is initiated for each National Forest under section 8 and each fiscal year thereafter until the date on which the Initiative is completed, the Secretary may, subject to clause (ii), set annual acreage performance goals for projects that are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct consistent with the goals, and after considering the opportunities, described in subsection (b).

(ii) CONSIDERATIONS.—In setting goals under clause (i), the Secretary shall consider—

(I) any specific recommendations of the advisory panel relating to acreage treatment needs; and

(II) advice provided by a collaborative group relating to acreage treatment needs.

(C) PRIORITY FOR RESTORATION GOALS.—In seeking to meet the restoration goals established under subparagraph (A) or (B), the Secretary shall prioritize for treatment—

(i) any area located on a pilot landscape; and

(ii) any area that has opportunities for reduced planning and implementation costs because of—

(I) opportunities to work with a collaborative group on the project; or

(II) opportunities to use non-Federal resources to complete the project.

(e) Prohibitions on removal of certain trees.—

(1) OLDER TREES.—Except as provided in paragraph (2), the Secretary shall prohibit the cutting or removal of any live tree located in the covered area that is 150 years of age or older measured at breast height.

(2) ADMINISTRATIVE EXCEPTIONS.—

(A) IN GENERAL.—The prohibition described in paragraph (1) shall not apply if the Secretary determines that there is no reasonable alternative to the cutting or removal of the tree to provide for a safe administrative, public, or special use.

(B) NOTICE REQUIREMENT.—The Secretary shall provide to the public and each relevant collaborative group notice and an opportunity to comment before making a determination under subparagraph (A), unless the Secretary determines that the cutting or removal of the tree is necessary to respond to an emergency condition.

(C) APPLICATION OF DECISION NOTICE.—

(i) IN GENERAL.—Subject to clause (ii), if the Secretary, after considering the recommendations of the relevant collaborative group or the recommendations report issued under section 6(d), determines that the prohibition in paragraph (1) is infeasible to implement for a specific vegetation management project, the Secretary shall apply the Decision Notice with respect to the specific vegetation management project.

(ii) REQUIREMENT.—In applying the Decision Notice to a specific vegetation management project under clause (i), the Secretary may make site-specific forest plan amendments to allow the cutting or removal of live trees greater than 21 inches in diameter at breast height that are younger than 150 years old at breast height, the cutting or removal of which is necessary to meet the land management goals described in subsection (b)(1).

(f) Limitations on road construction.—In carrying out any vegetation management project in the covered area, the Secretary shall—

(1) not construct any permanent road, unless the Secretary determines that the road is a justifiable realignment of a permanent road to restore or improve the ecological structure, composition, and function and the natural processes of the affected forest or watershed; and

(2) by the earlier of the date on which the vegetation management project is completed or the date that is 1 year after the activities for which the road was constructed are complete, decommission any temporary road constructed to carry out the vegetation management project by—

(A) reestablishing vegetation on the road; and

(B) restoring any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road, including by removing or hydrologically disconnecting the road prism.

SEC. 5. Watershed management.

(a) Aquatic and riparian resources management.—

(1) IN GENERAL.—Within the covered area, each vegetation management project in an area delineated under subsection (b) shall protect and restore the aquatic and riparian-dependent resources of the delineated area.

(2) EFFECTS.—A project described in paragraph (1) may result in short-term negative effects on the aquatic and riparian-dependent resources of the delineated area if the Secretary determines, after considering the best available science, that the project would result in a net improvement to the condition of those resources over the long term.

(b) Delineation of areas.—

(1) FISH-BEARING STREAMS.—The Secretary shall delineate each permanently flowing fishbearing stream and the area extending away from each edge of the active stream channel to include—

(A) the top of the inner gorge;

(B) the outer edges of the 100-year floodplain;

(C) the outer edges of riparian vegetation;

(D) a distance equal to the height of 2 site-potential trees; and

(E) a slope distance of not less than 300 feet.

(2) PERMANENTLY FLOWING NON-FISHBEARING STREAMS.—The Secretary shall delineate each permanently flowing non-fishbearing stream and the area extending away from each edge of the active stream channel to include—

(A) the top of the inner gorge;

(B) the outer edges of the 100-year flood plain;

(C) the outer edges of riparian vegetation;

(D) a distance equal to the height of 1 site-potential tree; and

(E) a slope distance of not less than 150 feet.

(3) PONDS, LAKES, RESERVOIRS, AND WETLANDS LARGER THAN 1 ACRE.—The Secretary shall delineate each pond, lake, reservoir, and wetland larger than 1 acre and the area extending away from the high-water edges to include—

(A) the outer edges of the riparian vegetation;

(B) the extent of the seasonally saturated soil;

(C) the extent of moderately and highly unstable areas;

(D) a distance equal to the height of 1 site-potential tree; and

(E) a slope distance of—

(i) if the area located in a watershed identified as key or priority under the applicable land and resource management plan, not less than 100 feet; or

(ii) not less than 50 feet.

(4) INTERMITTENT STREAMS, WETLANDS LESS THAN 1 ACRE, LANDSLIDES, AND LANDSLIDE-PRONE AREAS.—The Secretary shall delineate each wetland smaller than 1 acre, landslide, landslide-prone area, intermittent stream channel, and the area extending away from the edges of the wetland, landslide, landslide-prone area, or intermittent stream channel to include—

(A) the top of the inner gorge;

(B) the outer edges of the riparian vegetation;

(C) a distance equal to the height of 1 site-potential tree; and

(D) a slope distance of—

(i) if the area is located in a watershed identified as key or priority under the applicable land and resource management plan, not less than 100 feet; or

(ii) not less than 50 feet.

(c) Aquatic and riparian protection.—

(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary shall comply with the aquatic and riparian protection requirements of the applicable land and resource management plan in existence on the date of enactment of this Act in carrying out each vegetation management project in the covered area.

(2) MODIFICATIONS.—The Secretary may modify the aquatic and riparian protection requirements described in paragraph (1) if the Secretary determines, after considering the best available science, that the modifications would meet or exceed the goals of the aquatic and riparian protection requirements.

SEC. 6. Eastside forest scientific and technical advisory panel.

(a) In general.—Not later than 90 days after the date on which the Secretary selects the covered area, the Secretary shall establish an advisory panel—

(1) to be known as the “Eastside Forest Scientific and Technical Advisory Panel”; and

(2) to advise the Secretary, collaborative groups, and the public regarding the development and implementation of—

(A) goals to improve forest health, watershed health, and related social and economic goals in the covered area; and

(B) projects needed to accomplish the purposes of this Act.

(b) Composition.—The advisory panel shall be composed of 9 members, each of whom shall have expertise in 1 or more of the following:

(1) Silviculture.

(2) Timber economics.

(3) Road and logging engineering.

(4) Soil science and geology.

(5) Ecosystem services or natural resources economics.

(6) Community economics or ecosystem workforce development.

(7) Forest ecology.

(8) Aquatic and riparian ecology.

(9) Wildlife ecology.

(10) Fish Ecology.

(11) Ecological restoration.

(12) Invasive species control and eradication.

(13) Wildland fire.

(14) Hydrology.

(15) Forest carbon life-cycle and sequestration.

(16) Social science.

(c) Appointments.—The Secretary shall—

(1) ensure that the advisory panel includes experts in a broad array of the fields described in subsection (b); and

(2) give consideration to the recommendations of institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), professional societies, and other interested organizations and persons.

(d) Duties.—

(1) RECOMMENDATIONS REPORT.—

(A) IN GENERAL.—Not later than 180 days after the date on which the Secretary appoints the members of the advisory panel, the advisory panel, after considering the best available science and information, shall submit to the Secretary and make available to the public a report that contains recommendations regarding the manner by which the Secretary may best achieve the purposes and goals and consider the opportunities described in section 4(b).

(B) REQUIREMENTS.—The report shall provide recommendations based on the best available science—

(i) for the size and scope of projects needed to accomplish the goals and consider the opportunities described in section 4(b);

(ii) for increasing local capacity to accomplish the goals and consider the opportunities described in section 4(b);

(iii) for hydrologically and ecologically restoring land and water by—

(I) decommissioning unnecessary and undesirable roads; and

(II) reducing the environmental impact of necessary and desirable roads; and

(iv) for each relevant plant association group—

(I) for protecting and restoring terrestrial, aquatic, riparian, wildlife, fish, vegetation, soil, carbon, and other resources;

(II) for the types of activities necessary and desirable to restore forest health and watershed health (including thinning, prescribed, and natural fire, and other appropriate activities);

(III) for cases in which the cutting or removal of trees described in section 4(e)(1) would generally be considered to be ecologically appropriate; and

(IV) for cases in which the cutting or removal of trees described in section 4(e)(2)(C) would generally be considered to be ecologically appropriate.

(C) ADMINISTRATION.—

(i) IN GENERAL.—To the maximum extent practicable, the advisory panel shall achieve a consensus with respect to each recommendation included in the report.

(ii) INCLUSION OF DISSENTING OPINIONS.—If the advisory panel fails to achieve a consensus with respect to any recommendation included in the report, the report shall include each dissenting opinion relating to the recommendation.

(2) REVIEW REPORT.—Not later than 5 years after the date on which the Secretary appoints the members of the advisory panel, the advisory panel shall submit to the Secretary and make available to the public a report providing—

(A) a quantitative and qualitative assessment of the status of, and changes to, forest health and watershed health in the covered area, including the resiliency, aquatic function, and plant composition, structure, and function; and

(B) an assessment of the implementation of the recommendations made under paragraph (1).

SEC. 7. Ecological restoration projects.

(a) In general.—As soon as practicable after the date on which the Secretary selects the covered area, the Secretary shall, considering the opportunities described in section 4(b)(2), implement ecological restoration projects in the covered area to further the goals described in section 4(b).

(b) Landscape-Scale projects.—Subject to the availability of appropriations in accordance with section 12, the Secretary shall, to the maximum extent practicable, implement 1 or more ecological restoration projects with a gross planning area of 50,000 acres for each National Forest in the covered area that provide landscape-scale work within a watershed area not later than 3 years after the date on which the Secretary selects the covered area.

(c) Requirements.—In developing and implementing ecological restoration projects under this section, the Secretary shall consider—

(1) the best available science and data;

(2) the recommendations of the advisory panel; and

(3) the views of the relevant collaborative groups.

(d) Net road reduction.—In developing ecological restoration projects under this Act, the Secretary shall examine opportunities for, and achieve, a net reduction in the permanent road system to improve forest and watershed health to the maximum extent practicable.

(e) Prioritization.—

(1) IN GENERAL.—The Secretary shall prioritize ecological restoration projects in the covered area considering the requirements in subsection (c) and based on the degree to which the ecological restoration projects would improve forest health and watershed health, based on—

(A) dry and moist forest plant association groups; and

(B) the need to sustain adequate levels of industry infrastructure to accomplish the goals described in section 4(b).

(2) INCLUSIONS.—In carrying out this section, the types of projects the Secretary shall consider to be priority projects include projects that—

(A) reduce the risk of, and increase the resistance and resiliency of the land to, uncharacteristic disturbances, particularly if critical components or values are at risk, including—

(i) communities located in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)); and

(ii) valuable forest structures (including old growth and older mature trees);

(B) restore the structure and composition of forest stands at a high or moderate departure from the historic range of variability;

(C) accelerate the development of complex forest structure in a young forest that has been simplified through past management, such as by—

(i) creating spatial heterogeneity (including the creation of skips and gaps) using mechanical treatments to create wildlife habitat; and

(ii) retaining biological legacies (including large standing, downed, live, and dead trees);

(D) assist in the implementation of community wildfire protection plans developed by at-risk communities (as those terms are defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511));

(E) use the value of merchantable sawlogs and biomass to help offset the cost of ecological restoration projects;

(F) meet local and rural community needs through a source that is selected on a best-value basis; and

(G) reduce the permanent road system to improve forest health and watershed health.

SEC. 8. Collaboration.

(a) Collaborative groups.—

(1) IN GENERAL.—To assist in the development of the projects needed to accomplish the purposes of this Act in the covered area, the Secretary shall consult with, and consider the recommendations of, any collaborative group that meets the criteria described in paragraph (2).

(2) COLLABORATIVE GROUPS.—A collaborative group under paragraph (1) means a group that—

(A) is interested in the implementation of this Act;

(B) includes multiple individuals representing diverse interests that include—

(i) environmental organizations;

(ii) timber and forest products industry representatives; and

(iii) county governments;

(C) operates—

(i) in a transparent and nonexclusive manner; and

(ii) by consensus or in accordance with voting procedures to ensure a high degree of agreement among participants and across various interests; and

(D) requires a level of participation sufficient to ensure that members of the collaborative group are adequately informed before each decision.

(b) Multiparty monitoring.—The Secretary, in consultation with the relevant collaborative groups, may develop a multiparty monitoring plan for any vegetation management project carried out under this Act.

SEC. 9. Large scale environmental impact statement.

(a) Congressional finding.—Congress finds that it is expected that the environmental impact statement described in subsection (b) would be adequate to support the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for projects implemented under this section, as documented in subsequent agency decision documents.

(b) Requirements.—The Secretary shall prepare a large scale environmental impact statement that is adequate under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to support a record of decision for vegetation management projects under this section in National Forests in the eastern part of the State for projects—

(1) that are located wholly in dry ponderosa pine and dry mixed conifer forests types;

(2) that are located on a pilot landscape;

(3) that are endorsed by or the product of a collaborative group; and

(4) no portion of which are located in an inventoried roadless area.

(c) Completion date.—The Secretary shall complete the record of decision for the large scale environmental impact statement under subsection (b) not later than 1 year after the date of enactment of this Act.

(d) Timeliness.—Any legal challenge to the environmental impact statement and record of decision under this section shall be filed not later than 120 days after the record of decision is signed by the Secretary.

SEC. 10. Cooperative partnership.

(a) Forest planning.—Section 327(b)(2) of the Department of the Interior and Related Agencies Appropriations Act, 1996 (16 U.S.C. 1611 note; Public Law 104–134) is amended by inserting after “may include” the following: “expenditures for forest planning activities necessary for timber sales for projects that are on a pilot landscape (as defined in section 3 of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013) and ”.

(b) Cooperative forest innovation partnership projects.—Section 13B of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109b) is amended by adding at the end the following:

“(d) Regulations.—Not later than 90 days after the date of enactment of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013, the Secretary shall promulgate regulations to implement the authority of the Secretary under that Act.

“(e) Cooperation with State governments.—

“(1) IN GENERAL.—Not later than 180 days after the date of enactment of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013, the Secretary shall carry out a project to support the ability of the Department of Agriculture to address the restoration of forests in cooperation with States.

“(2) ELIGIBLE AREAS.—A project under paragraph (1) may be carried out on a pilot landscape (as defined in section 3 of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013).

“(3) FUNDING.—The Secretary shall use not more than 5 percent of the funds for the ‘Forest Health-Federal Lands’ budget line item made available under the State and Private Forestry appropriation to pay not more than 50 percent of the total cost of carrying out a project under paragraph (1).”.

SEC. 11. Administration.

(a) Effect.—Nothing in this Act affects—

(1) any right described in a treaty between an Indian tribe and the United States; or

(2) any biological opinion, including any opinion associated with the aquatic and riparian protection requirements of applicable land and resource management plans.

(b) No retroactive effect during transition.—

(1) VEGETATION MANAGEMENT PROJECTS.—The provisions of this Act shall not apply to a vegetation management project that is—

(A) initiated, either through a scoping notice or a notice of intent, more than 180 days before the date on which the Secretary selects the covered area under section 4(a)(1); or

(B) approved or under contract before the date on which the Secretary selects the covered area under section 4(a)(1).

(2) RECOMMENDATIONS REPORT.—The completion of the Eastside Scientific and Technical Advisory Panel recommendations report shall not automatically compel an amendment or revision of any vegetation management project initiated, approved, or under contract before the date on which the recommendations report is completed.

(3) FOREST PLANS.—The completion of the Eastside Scientific and Technical Advisory Panel recommendations report shall not automatically compel an amendment or revision of any existing forest plan.

(c) Applicable law.—The Secretary shall carry out this Act in accordance with applicable law (including regulations).

(d) Principal agency contact.—

(1) SELECTION.—The Secretary shall select a principal agency contact for the implementation of this Act.

(2) DUTIES.—The principal agency contact shall—

(A) serve as the point-of-contact for the advisory panel; and

(B) facilitate communications among—

(i) the advisory panel;

(ii) collaborative groups;

(iii) employees of the Forest Service; and

(iv) any other stakeholders (including the public).

(e) Reporting.—

(1) IN GENERAL.—The Secretary shall prepare a report on the implementation of this Act—

(A) not later than 5 years after the date on which the Secretary selects the covered area; and

(B) 2 years before the date referred to in subsection (e)(1).

(2) CONTENTS.—The reports required under paragraph (1) shall, for each National Forest in the covered area, assess the progress toward accomplishing—

(A) the purposes of this Act; and

(B) the performance goals established under section 4(d).

(f) Termination of authority.—

(1) IN GENERAL.—The authorities under this Act (other than the authorities under sections 4(e) and 5(c)) shall terminate on the date that is 15 years after the date of enactment of this Act.

(2) EFFECT.—Nothing in this subsection affects a valid contract in effect on the date described in paragraph (1).

SEC. 12. Authorization of appropriations.

(a) In general.—Subject to subsection (c), there is authorized to be appropriated $50,000,000 to carry out this Act, to remain available until expended.

(b) Use.—Any amounts appropriated to the Secretary under subsection (a) may be used to support implementation of any cost-sharing authorities provided by this Act.

(c) Limitation.—Amounts expended to carry out provisions of this Act that are not subject to a cost-sharing requirement shall not reduce the allocations of appropriated funds to the Secretary for use in—

(1) other National Forests not included in the covered area;

(2) other States; or

(3) other Regions of the Forest Service.

SECTION 1. Short title; table of contents.

(a) Short title.—This Act may be cited as the “Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013”.

(b) Table of contents.—The table of contents of this Act is as follows:


Sec. 1. Short title; table of contents.

Sec. 101. Definitions.

Sec. 102. Forest management.

Sec. 103. Restoration goals.

Sec. 104. Aquatic and riparian resources management.

Sec. 105. Eastside Forest Scientific and Technical Advisory Panel.

Sec. 106. Ecological restoration projects.

Sec. 107. Collaboration.

Sec. 108. Large-scale environmental impact statement.

Sec. 109. Administration.

Sec. 110. Authorization of appropriations.

Sec. 201. Forest planning.

Sec. 202. Cooperative forest innovation partnership projects.

SEC. 101. Definitions.

In this title:

(1) ADVISORY PANEL.—The term “advisory panel” means the Eastside Forest Scientific and Technical Advisory Panel established under section 105(a).

(2) COLLABORATIVE GROUP.—The term “collaborative group” means a group of individuals that meets the requirements of section 107(b).

(3) COVERED AREA.—The term “covered area” means the national forests within the State that are not within the area covered by the document entitled “Record of Decision for Amendments to Forest Service and Bureau of Land Management Planning Documents Within the Range of the Northern Spotted Owl” and dated April 1994.

(4) FOREST HEALTH.—The term “forest health” means conditions that enable a forest to be resistant and resilient to disturbance events and to support natural ecosystem and hydrologic processes, functions, and structures, including viable populations of native wildlife and ecosystem services.

(5) INVENTORIED ROADLESS AREA.—The term “inventoried roadless area” means 1 of the areas identified in the set of inventoried roadless area maps contained in the document entitled “Forest Service Roadless Areas Conservation, Final Environmental Impact Statement, Volume 2” and dated November 2000.

(6) NATIONAL FOREST SYSTEM.—The term “National Forest System” has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).

(7) PLANT ASSOCIATION GROUP.—

(A) IN GENERAL.—The term “plant association group” means a description of a plant community that—

(i) would potentially, in the absence of a disturbance, occupy a site; and

(ii) may be aggregated into 1 or more groups based on similarities in plant species, composition, environment, and productivity.

(B) INCLUSION.—The term “plant association group” includes, with respect to a forested site, species representing tree, shrub, and herbaceous layers.

(8) SECRETARY.—The term “Secretary” means the Secretary of Agriculture (acting through the Chief of the Forest Service).

(9) SPATIAL HETEROGENEITY.—The term “spatial heterogeneity” means trees and other structural elements of the forest landscape that have a nonuniform, diversely clustered spatial arrangement.

(10) STATE.—The term “State” means the State of Oregon.

(11) VEGETATION MANAGEMENT PROJECT.—

(A) IN GENERAL.—The term “vegetation management project” means a project involving activities that manipulate vegetation.

(B) INCLUSIONS.—The term “vegetation management project” includes—

(i) ecological restoration or fuel reduction projects;

(ii) harvesting timber;

(iii) prescribed burning; and

(iv) thinning trees, brush, weeds, or grass.

(12) WATERSHED AREA.—The term “watershed area” means 1 or more subwatersheds (also known as 6th code hydrologic units).

(13) WATERSHED HEALTH.—The term “watershed health” means the range of landscape conditions that enable riparian, aquatic, and wetland ecosystems to create and sustain functional habitats capable of supporting diverse populations of native aquatic- and riparian-dependent species.

SEC. 102. Forest management.

(a) Application.—The Secretary shall implement this title in the covered area during the 15-year period beginning on the date of enactment of this Act.

(b) Land management goals.—

(1) IN GENERAL.—Taking into consideration the best available science, the Secretary shall seek in the covered area—

(A) to conserve and restore forest and watershed health;

(B) to reduce the risk of, and increase the resistance and resiliency of the land to, uncharacteristic disturbances;

(C) to allow for characteristic natural disturbances; and

(D) to harvest wood to maintain the appropriate scale of industry infrastructure to accomplish the goals described in subparagraphs (A), (B), and (C).

(2) FOREST MANAGEMENT.—To achieve the goals of paragraph (1) in the forested land in the covered area, the Secretary shall consider opportunities—

(A) to reduce the basal area in overstocked forest stands;

(B) to increase the mean diameter of forest stands;

(C) to maintain or create a forest composition that focuses on more fire- and drought-tolerant species;

(D) to restore historic levels of within-forest stand spatial heterogeneity;

(E) to conserve and restore old growth;

(F) to conserve and restore population levels of older trees;

(G) to conserve and restore ecologically sustainable forest stands and landscapes to incorporate characteristic forest stand structures and older tree populations;

(H) to harvest wood and use the value of merchantable sawlogs and biomass to help offset the cost of improving forest health and watershed health;

(I) to restore or maintain sustainable and fire-resilient conditions in perpetuity through active management (including management through prescribed or wildland fire and mechanical treatments);

(J) to restore or maintain ecologically appropriate spatial complexity (including a range of open to dense forest patches at scales from the forest stand to the landscape);

(K) to conduct vegetation management projects that create an uneven-aged mosaic of isolated individual trees, clumps of trees, and openings to enhance the spatial heterogeneity of the forest landscape;

(L) to restore or maintain understory plant communities that reflect a composition and condition that is appropriate for the forest type, including native ground cover and limiting exotic and invasive species;

(M) to increase stakeholder participation through collaborative groups; and

(N) to restore and maintain the historic complement of aspen, willows, and other native hardwoods in riparian and upland ecosystems, including by—

(i) removing conifers that have invaded hardwood sites and overtopped hardwoods or have invaded wet and dry meadow systems;

(ii) restoring fire to hardwood ecosystems; and

(iii) creating barriers around hardwood sites to reduce ungulate pressure.

(c) Planning.—To achieve the goals described in subsection (b), the Secretary shall—

(1) use landscape-scale planning based on watershed boundaries as a tool to implement vegetation management and ecological restoration projects in the covered area; and

(2) seek to achieve planning and implementation efficiencies on projects carried out under this title by working with—

(A) the relevant collaborative group;

(B) the advisory panel; and

(C) other partners.

(d) Older tree retention.—

(1) IN GENERAL.—In developing and implementing any project in the covered area, the Secretary shall—

(A) identify, based on the protocols developed under paragraph (2), trees that are 150 years of age or older, as measured at breast height; and

(B) retain the trees described in subparagraph (A).

(2) PROTOCOL.—The Secretary, in collaboration with the advisory panel, based on the best available science, shall develop protocols for identifying trees that are 150 years of age or older, as measured at breast height.

(3) EXCEPTIONS.—

(A) IN GENERAL.—The retention objectives described in paragraph (1)(B) shall not apply if the Secretary determines that 1 of the following applies:

(i) ADMINISTRATIVE EXCEPTIONS.—There is no reasonable alternative to the cutting or removal of trees that are 150 years of age or older, as measured at breast height, to provide for public safety, administrative necessity, or special uses, such as rights of way.

(ii) RESTORATION PROJECT EXCEPTIONS.—The Secretary determines that the cutting or removal of trees that are 150 years of age or older, as measured at breast height, is needed to help implement and fund restoration projects, subject to the conditions that—

(I) no tree that is 200 years of age or older, as measured at breast height, may be cut;

(II) only as many trees as are needed to fund restoration work that protects and enhances the resiliency of trees that are 200 years of age or older, as measured at breast height, may be cut;

(III) the removal of trees that are 150 years of age or older, as measured at breast height, and less than 200 years of age, as measured at breast height, shall not exceed 50 percent of the population of those trees in the project area; and

(IV) there would be sufficient old-growth tree replacements remaining in the project area.

(B) NOTICE REQUIREMENT.—The Secretary shall provide to the public and collaborative groups notice and an opportunity to comment before making a determination under subparagraph (A), unless the Secretary determines that the cutting or removal of the tree is necessary to respond to an emergency condition.

(4) APPLICATION.—The retention requirements of this subsection shall not—

(A) apply to any other forests in the National Forest System outside of the covered area; or

(B) establish a precedent for setting age limits on trees that may be cut on any National Forest System land.

(e) Limitations on road construction.—In carrying out any vegetation management project in the covered area, the Secretary—

(1) shall not construct any permanent road, unless the Secretary determines that the road is a justifiable realignment of a permanent road to restore or improve the ecological structure, composition, and function and the natural processes of the affected forest or watershed; and

(2) by the earlier of the date on which the vegetation management project is completed and the date that is 1 year after the activities for which the road was constructed are complete, shall decommission any temporary road constructed to carry out the vegetation management project.

(f) Monitoring and adaptive management.—In carrying out this title, the Secretary—

(1) shall ensure that the projects developed pursuant to this title include monitoring to inform an assessment of the effectiveness of treatments and adaptive management of future projects; and

(2) in consultation with the relevant collaborative groups, may develop for a vegetation management project carried out under this title a multiparty monitoring plan, which shall take into consideration the recommendations of the advisory panel.

SEC. 103. Restoration goals.

(a) Performance goals.—

(1) IN GENERAL.—Not later than 60 days after the date on which the Secretary selects the covered area, the Secretary, in consultation with the relevant collaborative groups, may establish performance objectives, in addition to the goals established by section 102(b), which the Secretary shall seek to achieve for the covered area, consistent with those goals and the purposes of this title.

(2) TERM.—Subject to paragraph (4), each performance goal established under paragraph (1) shall be measured annually for a period of 15 years.

(3) ADDITIONS.—The Secretary may develop additional performance goals that the Secretary determines to be appropriate during the period established by paragraph (2).

(4) PRIORITIZATION.—Subject to the limitations described in section 110(c), the Secretary shall prioritize the vegetation management project and hazardous fuels reduction program activities in the covered area to achieve the performance goals established under this subsection.

(b) Restoration goals.—

(1) IN GENERAL.—Within the covered area, consistent with the goals, and after considering the opportunities, described in subsection (a), the Secretary shall, to the maximum extent practicable, prepare, offer, and promptly implement—

(A) projects that—

(i) are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct; and

(ii) are conducted on—

(I) for the first fiscal year after the date of enactment of this Act, not less than 60,000 acres;

(II) for the subsequent fiscal year, not less than 80,000 acres; and

(III) for each fiscal year thereafter until the fiscal year in which at least 1 ecological restoration project for each National Forest is initiated under section 106, not less than 100,000 acres; and

(B) for each fiscal year after the fiscal year specified in subparagraph (A)(ii)(III), an ecological restoration project on each National Forest in the covered area with a gross planning area of not less than 25,000 acres.

(2) ANNUAL GOALS.—

(A) IN GENERAL.—Beginning in the first fiscal year after the date on which at least 1 ecological restoration project is initiated for each National Forest under section 106 and each fiscal year thereafter until the date on which the project is completed, the Secretary may establish, subject to subparagraph (B), annual acreage performance goals for each project that is predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct consistent with the goals, and after considering the opportunities, described in subsection (b).

(B) CONSIDERATIONS.—In establishing the goals under subparagraph (A), the Secretary shall take into consideration—

(i) any specific recommendations of the advisory panel relating to acreage treatment needs; and

(ii) advice provided by a collaborative group relating to acreage treatment needs.

(3) PRIORITY FOR RESTORATION GOALS.—In seeking to meet the restoration goals established under paragraph (2), the Secretary shall prioritize for treatment any area that has opportunities for reduced planning and implementation costs because of—

(A) opportunities to work with a collaborative group on the project; or

(B) opportunities to use non-Federal resources to complete the project.

SEC. 104. Aquatic and riparian resources management.

(a) Primary focus.—The primary focus of aquatic and riparian protection activities in the covered area shall be to protect, maintain, and restore natural ecological functions and processes beneficial to water quality and quantity, including temperature and turbidity, native fish and wildlife, and watershed resilience.

(b) Desired watershed conditions.—Desired watershed conditions shall include maintaining or enhancing riparian processes and conditions, including stable slopes, wood and nutrient delivery to aquatic and terrestrial systems, stream shade, microclimate, water quantity, and water quality, to ensure that the watersheds—

(1) operate consistently with local disturbance regimes; and

(2) support native flora and fauna.

(c) Strategy.—The Secretary shall—

(1) develop an aquatic and riparian conservation strategy that incorporates—

(A) riparian management areas;

(B) key watersheds;

(C) watershed analysis;

(D) watershed restoration; and

(E) monitoring; and

(2) use as the basis for watershed, aquatic, and riparian ecosystem management and restoration the interaction of the elements described in paragraph (1) at the watershed or landscape scale.

(d) Modifications.—The Secretary may modify the aquatic and riparian protection standards under subsection (a) if the Secretary determines, taking into consideration the best available science, that the modifications would meet or exceed the goals and standards of the aquatic and riparian protection requirements of subsection (e).

(e) Requirement.—The management activities carried out within the covered area shall not retard or prevent the attainment of—

(1) the aquatic, riparian, and watershed goals described in this section; and

(2) the goals of applicable resource management plans, biological opinions, and water quality standards in effect on the date of enactment of this Act.

SEC. 105. Eastside Forest Scientific and Technical Advisory Panel.

(a) In general.—Not later than 90 days after the date of enactment of this Act, the Secretary shall establish an advisory panel, to be known as the “Eastside Forest Scientific and Technical Advisory Panel”, to advise the Secretary, collaborative groups, and the public regarding the development and implementation of—

(1) goals and performance measures to improve forest health, watershed health, and related social and economic goals in the covered area; and

(2) projects needed to accomplish the goals of this title.

(b) Composition.—The advisory panel shall be composed of 9 members, each of whom shall have expertise in 1 or more of the following:

(1) Silviculture.

(2) Timber economics.

(3) Road and logging engineering.

(4) Soil science and geology.

(5) Ecosystem services or natural resources economics.

(6) Community economics or ecosystem workforce development.

(7) Forest ecology.

(8) Aquatic and riparian ecology.

(9) Wildlife ecology.

(10) Fish ecology.

(11) Ecological restoration.

(12) Invasive species control and eradication.

(13) Wildland fire.

(14) Hydrology.

(15) Forest carbon lifecycle and sequestration.

(16) Social science.

(c) Appointments.—The Secretary shall—

(1) ensure that the advisory panel includes experts in a broad array of the fields described in subsection (b); and

(2) give consideration to the recommendations of institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), professional societies, and other interested organizations and individuals.

(d) Duties.—

(1) RECOMMENDATIONS REPORT.—

(A) IN GENERAL.—Not later than 180 days after the date on which the Secretary appoints the members of the advisory panel, the advisory panel, taking into consideration the best available science and information, shall submit to the Secretary, who shall make available to the public a report that contains recommendations regarding the manner by which the Secretary can best achieve the purposes and goals, and consider the opportunities, described in section 102(b).

(B) REQUIREMENTS.—The report under subparagraph (A) shall provide recommendations based on the best available science regarding—

(i) the size and scope of projects needed to accomplish the goals and consider the opportunities described in section 102(b);

(ii) increasing local capacity to accomplish the goals and consider the opportunities described in section 102(b);

(iii) hydrologically and ecologically restoring land and water by—

(I) decommissioning unnecessary and undesirable roads; and

(II) reducing the environmental impact of necessary and desirable roads; and

(iv) actions for each relevant plant association group, taking into account current or future potential vegetation and soil types that—

(I) protect and restore terrestrial, aquatic, riparian, wildlife, fish, vegetation, soil, carbon, and other resources; and

(II) would be necessary and desirable to restore forest health and watershed health (including thinning, prescribed, and natural fire and other appropriate activities); and

(v) monitoring protocols to evaluate the success of the vegetation management projects and ecological restoration projects on the covered area in meeting the goals and objectives of this title.

(C) ADMINISTRATION.—

(i) IN GENERAL.—To the maximum extent practicable, the advisory panel shall achieve a consensus with respect to each recommendation included in the report under this paragraph.

(ii) INCLUSION OF DISSENTING OPINIONS.—If the advisory panel fails to achieve a consensus with respect to any recommendation included in the report under this paragraph, the report shall include each dissenting opinion relating to the recommendation.

(2) REVIEW REPORT.—Not later than 5 years after the date on which the Secretary appoints the members of the advisory panel, the advisory panel shall submit to the Secretary and make available to the public a report providing—

(A) a quantitative and qualitative assessment of the status of, and changes to, forest health and watershed health in the covered area, including the resiliency, aquatic function, and plant composition, structure, and function; and

(B) an assessment of the implementation of the recommendations made under paragraph (1).

SEC. 106. Ecological restoration projects.

(a) In general.—As soon as practicable after the date of enactment of this Act, the Secretary shall implement, taking into consideration the annual goals described in section 103(b)(2), ecological restoration projects in the covered area to support the land management goals described in section 102(b).

(b) Landscape-scale projects.—Subject to the availability of appropriations under section 110, the Secretary shall implement, to the maximum extent practicable, 1 or more ecological restoration projects with a gross planning area of 50,000 acres for each National Forest in the covered area that provide landscape-scale work within a watershed area by not later than 3 years after the date on which the Secretary selects the covered area.

(c) Criteria.—In developing and implementing ecological restoration projects under this section, the Secretary shall consider—

(1) the best available science and data;

(2) the recommendations of the advisory panel;

(3) the views of collaborative groups; and

(4) dry and moist forest plant association groups.

(d) Net road reduction.—In developing ecological restoration projects under this section, the Secretary shall examine opportunities for, and achieve, a net reduction in the permanent road system to improve forest and watershed health, to the maximum extent practicable.

(e) Prioritization.—

(1) IN GENERAL.—The Secretary shall prioritize ecological restoration projects in the covered area, taking into consideration—

(A) the criteria described in subsection (c); and

(B) the degree to which the ecological restoration projects would improve forest health and watershed health.

(2) PRIORITIES.—In selecting and planning ecological restoration projects, the Secretary shall prioritize projects that—

(A) reduce the risk of, and increase the resistance and resiliency of the land to, uncharacteristic disturbances, particularly if critical components or values are at risk, including—

(i) communities located in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)); and

(ii) valuable forest structures (including old growth and older mature trees);

(B) restore the structure and composition of forest stands at a high or moderate departure from the historic range of variability;

(C) sustain the appropriate scale of industry infrastructure to accomplish the goals described in section 102(b);

(D) accelerate the development of complex forest structure in a young forest that has been simplified through past management, such as by—

(i) creating spatial heterogeneity (including the creation of skips and gaps) using mechanical treatments to create wildlife habitat; and

(ii) retaining biological legacies (including large standing, downed, live, and dead trees);

(E) assist in the implementation of community wildfire protection plans developed by at-risk communities (as those terms are defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511));

(F) use the value of merchantable sawlogs and biomass to help offset the cost of ecological restoration projects;

(G) meet local and rural community needs through a source that is selected on a best-value basis;

(H) reduce the permanent road system to improve forest health and watershed health; and

(I) help recover aspen, willows, and other native hardwoods in riparian and upland ecosystems.

SEC. 107. Collaboration.

(a) In general.—To assist in the development of the projects needed to accomplish the purposes of this title in the covered area, the Secretary shall consult with, and consider the recommendations of, any collaborative group that meets the criteria described in subsection (b).

(b) Criteria.—A collaborative group referred to in subsection (a) is a group that—

(1) is interested in the implementation of this title;

(2) includes multiple individuals representing diverse interests, including—

(A) environmental organizations;

(B) timber and forest products industry representatives; and

(C) county governments;

(3) operates—

(A) in a transparent and nonexclusive manner; and

(B) by consensus or in accordance with voting procedures to ensure a high degree of agreement among participants and across various interests; and

(4) requires a level of participation sufficient to ensure that members of the collaborative group are adequately informed before making each decision.

SEC. 108. Large-scale environmental impact statement.

(a) In general.—The Secretary shall carry out vegetation management projects and ecological restoration projects under this section in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(b) Environmental impact statement.—

(1) IN GENERAL.—The Secretary shall prepare 1 landscape-scale environmental impact statement for purposes of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for vegetation management projects and ecological restoration projects carried out under this title in National Forests in the eastern part of the State that share ecological conditions and resource issues, including projects—

(A) that are located wholly in dry ponderosa pine and dry mixed conifer forests types;

(B) that are endorsed by, or are the product of, a collaborative group; and

(C) no portion of which are located in an inventoried roadless area.

(2) USE.—The large-scale environmental impact statement under paragraph (1) shall be used as the basis for decisions on covered vegetation management projects and ecological restoration projects, except for limited projects—

(A) that are developed after the completion of the environmental impact statement; and

(B) for which the environmental impact statement does not adequately analyze the work to be performed.

(c) Completion date.—The Secretary shall complete the record of decision for the large-scale environmental impact statement under subsection (b) by not later than 1 year after the date of enactment of this Act.

(d) Timeliness.—A legal challenge to the environmental impact statement and record of decision under this section shall be filed by not later than 120 days after the date on which the record of decision is signed by the Secretary.

SEC. 109. Administration.

(a) Effect of title.—Nothing in this title affects—

(1) any right described in a treaty between an Indian tribe and the United States; or

(2) any biological opinion, including any opinion associated with the aquatic and riparian protection requirements of applicable land and resource management plans.

(b) No retroactive effect.—

(1) VEGETATION MANAGEMENT PROJECTS.—This title shall not apply to a vegetation management project that is—

(A) initiated, through a scoping notice or a notice of intent, more than 180 days before the date of enactment of this Act; or

(B) approved or under contract before the date of enactment of this Act.

(2) RECOMMENDATIONS REPORT.—The completion of the recommendations report of the advisory panel under section 105(d)(2) shall not automatically compel an amendment or revision to—

(A) any vegetation management project initiated, approved, or under contract before the date on which the recommendations report is completed; or

(B) any existing forest plan.

(c) Applicable law.—The Secretary shall carry out this title in accordance with applicable law (including regulations).

(d) Principal agency contact.—

(1) SELECTION.—The Secretary shall select a principal agency contact for the implementation of this title.

(2) DUTIES.—The principal agency contact shall—

(A) serve as the point-of-contact for the advisory panel;

(B) facilitate communications among—

(i) the advisory panel;

(ii) collaborative groups;

(iii) employees of the Forest Service; and

(iv) any other stakeholders (including the public).

(e) Reporting.—

(1) IN GENERAL.—The Secretary shall prepare a report on the implementation of this title—

(A) not later than 5 years after the date on which the Secretary selects the covered area; but

(B) not earlier than 2 years before the date described in subparagraph (A).

(2) CONTENTS.—The reports required under paragraph (1) shall assess, for each National Forest in the covered area, the progress achieved in accomplishing—

(A) the purposes of this title; and

(B) the performance goals established under section 103.

(f) Termination of authority.—

(1) IN GENERAL.—The authority provided by this title shall terminate on the date that is 15 years after the date of enactment of this Act.

(2) EFFECT.—Nothing in this subsection affects a valid contract in effect on the date described in paragraph (1).

SEC. 110. Authorization of appropriations.

(a) In general.—Subject to subsection (c), there is authorized to be appropriated $50,000,000 to carry out this title, to remain available until expended.

(b) Use.—Any amounts appropriated to the Secretary under subsection (a) may be used to support implementation of any cost-sharing authorities provided by this title.

(c) Effect on other funds.—The Secretary may not divert funding from a National Forest or grassland outside of the State to meet the performance requirements of this title.

(d) Reprogramming authority.—

(1) IN GENERAL.—Except as provided in paragraph (2), after submitting to the Committees on Appropriations of the House of Representatives and the Senate a notice, the Secretary may reprogram any funds—

(A) made available to the Secretary through an appropriation for the National Forest System; and

(B) allocated to be used on the National Forests in the covered area.

(2) EXCEPTION.—No funds appropriated for a recreation or grazing activity may be subject to reprogramming under paragraph (1).

SEC. 201. Forest planning.

Section 327(b)(2) of the Department of the Interior and Related Agencies Appropriations Act, 1996 (16 U.S.C. 1611 note; Public Law 104–134) is amended by inserting “expenditures for forest planning activities necessary for timber sales for projects that are located on any landscape that receives funding under section 4004 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7304) and” after “may include”.

SEC. 202. Cooperative forest innovation partnership projects.

Section 13B of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109b) is amended by adding at the end the following:

“(d) Regulations.—Not later than 90 days after the date of enactment of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013, the Secretary shall promulgate regulations to implement the authority of the Secretary under that Act.

“(e) Cooperation with State governments.—

“(1) PROJECTS AUTHORIZED.—Not later than 180 days after the date of enactment of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013, the Secretary, in cooperation with the States, shall carry out projects to support the ability of the Department of Agriculture to address the restoration of National Forests in eligible areas.

“(2) ELIGIBLE AREAS.—A project under paragraph (1) may be carried out on—

“(A) the covered area (as defined in section 101 of the Oregon Eastside Forests Restoration, Old Growth Protection, and Jobs Act of 2013); and

“(B) any additional areas of the National Forest System that the Secretary selects to carry out paragraph (1).

“(3) FUNDING.—For each fiscal year, the Secretary shall use not more than 5 percent of the funds made available for forest health on Federal land under the heading ‘State and private forestry’ of title III of an appropriations Act making funds available to the Department of the Interior to pay for not more than 50 percent of the total cost of carrying out paragraph (1).”.


Calendar No. 407

113th CONGRESS
     2d Session
S. 1301
[Report No. 113–180]

A BILL
To provide for the restoration of forest landscapes, protection of old growth forests, and management of national forests in the eastside forests of the State of Oregon.

June 2, 2014
Reported with an amendment