Herger Feinstein Quincy Library Group Forest Recovery Act

TITLE IV

(web source: Thomas )

THE HERGER-FEINSTEIN QUINCY LIBRARY GROUP
FOREST RECOVERY ACT

Sec. 401. Pilot Project for Plumas, Lassen, and Tahoe

National Forests to Implement Quincy Library Group Proposal.
(a) Definition.--For purposes of this section, the term
"Quincy Library Group-Community Stability Proposal" means
the agreement by a coalition of representatives of fisheries,
timber, environmental, county government, citizen groups, and
local communities that formed in northern California to
develop a resource management program that promotes ecologic
and economic health for certain Federal lands and communities
in the Sierra Nevada area. Such proposal includes the map
entitled "QUINCY LIBRARY GROUP Community Stability
Proposal", dated October 12, 1993, and prepared by VESTRA
Resources of Redding, California.
(b) Pilot Project Required.--

(1) Pilot project and purpose.--The Secretary of
Agriculture (in this section referred to as the
"Secretary"), acting through the Forest Service and after
completion of an environmental impact statement (a record of
decision for which shall be adopted within 300 days), shall
conduct a pilot project on the Federal lands described in
paragraph (2) to implement and demonstrate the effectiveness
of the resource management activities described in subsection
(d) and the other requirements of this section, as
recommended in the Quincy Library Group-Community Stability
Proposal.

(2) Pilot project area.--The Secretary shall conduct the
pilot project on the Federal lands within Plumas National
Forest, Lassen National Forest, and the Sierraville Ranger
District of Tahoe National Forest in the State of
California designated as "Available for Group Selection"
on the map entitled "QUINCY LIBRARY GROUP Community
Stability Proposal", dated October 12, 1993 (in this
section referred to as the "pilot project area"). Such
map shall be on file and available for inspection in the
appropriate offices of the Forest Service.

(1) Exclusion.--All spotted owl habitat areas and protected
activity centers located within the pilot project area
designated under subsection (b)(2) will be deferred from
resource management activities required under subsection (d)
and timber harvesting during the term of the pilot project.

(2) Riparian protection.--

(A) In general.--The Scientific Analysis Team guidelines
for riparian system protection described in subparagraph (B)
shall apply to all resource management activities conducted
under subsection (d) and all timber harvesting activities
that occur in the pilot project area during the term of the
pilot project.

(B) Guidelines described.--The guidelines referred to in
subparagraph (A) are those in the document entitled
"Viability Assessments and Management Considerations for
Species Associated with Late-Successional and Old-Growth
Forests of the Pacific Northwest", a Forest Service research
document dated March 1993 and co-authored by the Scientific
Analysis Team, including Dr. Jack Ward Thomas.

(C) Limitation.--Nothing in this section shall be construed
to require the application of the Scientific Analysis Team
guidelines to any livestock grazing in the pilot project area
during the term of the pilot project, unless the livestock
grazing is being conducted in the specific location at which
the Scientific Analysis Team guidelines are being applied to
an activity under subsection (d).

(3) Compliance.--All resource management activities
required by subsection (d) shall be implemented to the extent
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 Provence
Interim Guidelines or the subsequently issued guidelines,
whichever are in effect.

(4) Roadless area protection.--The Regional Forester for
Region 5 shall direct that any resource management activity
required by subsection (d)(1) and (2), all road building, all
timber harvesting activities, and any riparian management
under subsection (d)(4) that utilizes road construction or
timber harvesting shall not be conducted on Federal lands
within the Plumas National Forest, Lassen National Forest,
and the Sierraville Ranger District of the Tahoe National
Forest that are designated as either "Off Base" or
"Deferred" on the map referred to in subsection (a). Such
direction shall be effective during the term of the pilot
project.

(d) Resource Management Activities.--During the term of the
pilot project, the Secretary shall implement and carry out
the following resource management activities on an acreage
basis on the Federal lands included within the pilot project
area designated under subsection (b)(2):

(1) Fuelbreak construction.--Construction of a strategic
system of defensible fuel profile zones, including shaded
fuelbreaks, utilizing thinning, individual tree selection,
and other methods of vegetation management consistent with
the Quincy Library Group-Community Stability Proposal, on
not less than 40,000, but not more than 60,000, acres per
year.

(2) Group selection and individual tree selection.--
Utilization of group selection and individual tree selection
uneven-aged forest management prescriptions described in the
Quincy Library Group-Community Stability Proposal to achieve
a desired future condition of all-age, multistory, fire
resilient forests as follows:

(A) Group selection.--Group selection on an average acreage
of .57 percent of the pilot project area land each year of
the pilot project.

(B) Individual tree selection.--Individual tree selection
may also be utilized within the pilot project area.

(3) Total acreage.--The total acreage on which resource
management activities are implemented under this subsection
shall not exceed 70,000 acres each year.

(4) Riparian management.--A program of riparian management,
including wide protection zones and riparian restoration
projects, consistent with riparian protection guidelines in
subsection (c)(2)(B).

(e) Cost-Effectiveness.--In conducting the pilot project,
Secretary shall use the most cost-effective means available,
as determined by the Secretary, to implement resource
management activities described in subsection (d).

(f) Funding.--

(1) Source of funds.--In conducting the pilot project, the
Secretary shall use, subject to the relevant reprogramming
guidelines of the House and Senate Committees on
Appropriations--

(A) those funds specifically provided to the Forest Service
by the Secretary to implement resource management activities
according to the Quincy Library Group-Community Stability
Proposal; and

(B) year-end excess funds that are allocated for the
administration and management of Plumas National Forest,
Lassen National Forest, and the Sierraville Ranger District
of Tahoe National Forest.

(2) Prohibition on use of certain funds.--The Secretary may
not conduct the pilot project

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using funds appropriated for any other unit of the National
Forest System.

(3) Flexibility.--Subject to normal reprogramming
guidelines, during the term of the pilot project, the forest
supervisors of Plumas National Forest, Lassen National
Forest, and Tahoe National Forest may allocate and use all
accounts that contain year-end excess funds and all available
excess funds for the administration and management of Plumas
National Forest, Lassen National Forest, and the Sierraville
Ranger District of Tahoe National Forest to perform the
resource management activities described in subsection (d).

(4) Restriction.--The Secretary or the forest supervisors,
as the case may be, shall not utilize authority provided
under paragraphs (1)(B) and (3) if, in their judgment, doing
so will limit other nontimber related multiple use activities
for which such funds were available.

(5) Overhead.--The Secretary shall seek to ensure that of
amounts available to carry out this section--

(A) not more than 12 percent is used or allocated for
general administration or other overhead; and

(B) at least 88 percent is used to implement and carry out
activities required by this section.

(6) Authorized supplemental funds.--There are authorized to
be appropriated to implement and carry out the pilot project
such sums as are necessary.

(7) Baseline funds.--Amounts available for resource
management activities authorized under subsection (d) shall
at a minimum include existing baseline funding levels.

(g) Term of Pilot Project.--The Secretary shall conduct the
pilot project until the earlier of: (1) the date on which the
Secretary completes amendment or revision of the land and
resource management plans directed under and in compliance
with subsection (i) for the Plumas National Forest, Lassen
National Forest, and Tahoe National Forest; or (2) five years
after the date of the commencement of the pilot project.

(h) Consultation.--(1) The statement required by subsection
(b)(1) shall be prepared in consultation with interested
members of the public, including the Quincy Library Group.

(2) Contracting.--The Forest Service, subject to the
availability of appropriations, may carry out any (or all) of
the requirements of this section using private contracts.

(i) Corresponding Forest Plan Amendments.--Within 2 years
after the date of the enactment of this Act, the Regional
Forester for Region 5 shall initiate the process to amend or
revise the land and resource management plans for Plumas
National Forest, Lassen National Forest, and Tahoe National
Forest. The process shall include preparation of at least one
alternative that--

(1) incorporates the pilot project and area designations
made by subsection (b), the resource management activities
described in subsection (d), and other aspects of the Quincy
Library Group-Community Stability Proposal; and

(2) makes other changes warranted by the analyses conducted
in compliance with section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), section
6 of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604), and other applicable laws.

(j) Status Reports.--

(1) In general.--Not later than February 28 of each year
during the term of the pilot project, the Secretary shall
submit to Congress a report on the status of the pilot
project. The report shall include at least the following:

(A) A complete accounting of the use of funds made
available under subsection (f)(1)(A) until such funds are
fully expended.

(B) A complete accounting of the use of funds and accounts
made available under subsection (f)(1) for the previous
fiscal year, including a schedule of the amounts drawn from
each account used to perform resource management activities
described in subsection (d).

(C) A description of total acres treated for each of the
resource management activities required under subsection (d),
forest health improvements, fire risk reductions, water yield
increases, and other natural resources-related benefits
achieved by the implementation of the resource management
activities described in subsection (d).

(D) A description of the economic benefits to local
communities achieved by the implementation of the pilot
project.

(E) A comparison of the revenues generated by, and costs
incurred in, the implementation of the resource management
activities described in subsection (d) on the Federal lands
included in the pilot project area with the revenues and
costs during each of the fiscal years 1992 through 1997
for timber management of such lands before their inclusion
in the pilot project.

(F) A proposed schedule for the resource management
activities to be undertaken in the pilot project area during
the 1-year period beginning on the date of submittal of the
report.

(G) A description of any adverse environmental impacts from
the pilot project.

(2) Limitation on expenditures.--The amount of Federal
funds expended on each annual report under this subsection
shall not exceed $125,000.

(k) Final Report.--

(1) In general.--The Secretary shall establish an
independent scientific panel to review and report on whether,
and to what extent, implementation of the pilot project under
this section achieved the goals stated in the Quincy Library
Group-Community Stability Proposal, including improved
ecological health and community stability. The membership of
the panel shall reflect expertise in diverse disciplines in
order to adequately address all of those goals.

(2) Preparation.--The panel shall initiate such review no
sooner than 18 months after the first day of the term of the
pilot project under subsection (g). The panel shall prepare
the report in consultation with interested members of the
public, including the Quincy Library Group. The report shall
include, but not be limited to, the following:

(A) A description of any adverse environmental impacts
resulting from implementation of the pilot project.

(B) An assessment of watershed monitoring data on lands
treated pursuant to this section. Such assessment shall
address the following issues on a priority basis: timing of
water releases; water quality changes; and water yield
changes over the short- and long-term in the pilot project
area.

(3) Submission to the congress.--The panel shall submit the
final report to the Congress as soon as practicable, but in
no case later than 18 months after completion of the pilot
project.

(4) Limitation on expenditures.--The amount of Federal
funds expended for the report under this subsection, other
than for watershed monitoring, shall not exceed $350,000. The
amount of Federal funds expended for watershed monitoring
under this subsection shall not exceed $175,000 for each
fiscal year in which the report is prepared.

(l) Relationship to Other Laws.--Nothing in this section
exempts the pilot project from any Federal environmental law.

(m) Loans for Demonstration Projects for Wood Waste or Low-
Quality Wood Byproducts.--

(1) Evaluation of loan advisability.--The Alternative
Agricultural Research and Commercialization Corporation
established under section 1658 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5902) (in this
section referred to as the "Corporation") shall evaluate
the advisability of making commercialization assistance loans
under section 1661 of such Act (7 U.S.C. 5905) to support a
minimum of 2 demonstration projects for the development and
demonstration of commercial application of technology to
convert wood waste or low-quality wood byproducts into
usable, higher value products.

(2) Location of demonstration projects.--If the Corporation
determines to make loans under this subsection to support the
development and demonstration of commercial application of
technology to convert wood waste or low-quality wood
byproducts into usable, higher value products, the
Corporation shall consider making one loan with regard to
a demonstration project to be conducted in the pilot
project area and one loan with regard to a demonstration
project to be conducted in southeast Alaska.

(3) Eligibility requirements.--To be eligible for a loan
under this subsection, a demonstration project shall be
required to satisfy the eligibility requirements imposed by
the Corporation under section 1661 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5905).
Sec. 402. Short Title. Section 401 of this title may be
cited as the "Herger-Feinstein Quincy Library Group Forest
Recovery Act".