< Back to S. 2543 (103rd Congress, 1993–1994)

Text of the Forest Biodiversity and Clearcutting Prohibition Act of 1994

This bill was introduced on October 7, 1994, in a previous session of Congress, but was not enacted. The text of the bill below is as of Oct 7, 1994 (Introduced).

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S 2543 IS

103d CONGRESS

2d Session

S. 2543

To amend the Forest and Rangeland Renewable Resources Planning Act of 1974, the Federal Land Policy and Management Act of 1976, the National Wildlife Refuge System Administration Act of 1966, the National Indian Forest Resources Management Act, and title 10, United States Code, to strengthen the protection of native biodiversity, to designate special areas where extractive logging is prohibited, to place restraints upon clearcutting and certain other cutting practices on the forests of the United States, and for other purposes.

IN THE SENATE OF THE UNITED STATES

October 7 (legislative day, SEPTEMBER 12), 1994

Mr. BOREN introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry


A BILL

To amend the Forest and Rangeland Renewable Resources Planning Act of 1974, the Federal Land Policy and Management Act of 1976, the National Wildlife Refuge System Administration Act of 1966, the National Indian Forest Resources Management Act, and title 10, United States Code, to strengthen the protection of native biodiversity, to designate special areas where extractive logging is prohibited, to place restraints upon clearcutting and certain other cutting practices on the forests of the United States, 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.

    This Act may be cited as the ‘Forest Biodiversity and Clearcutting Prohibition Act of 1994’.

SEC. 2. PURPOSES AND FINDINGS.

    (a) PURPOSES- The purposes of this Act are, in all timberland owned or operated by the United States where logging is permitted--

      (1) to conserve native biodiversity and to protect all native ecosystems against losses that result from clearcutting and other forms of even-age logging; and

      (2) to prohibit extractive logging in certain special areas.

    (b) FINDINGS- Congress finds the following:

      (1) Federal agencies that engage in even-age logging practices include the Forest Service of the Department of Agriculture, the United States Fish and Wildlife Service, Bureau of Land Management, and Bureau of Indian Affairs of the Department of the Interior, and the Army, Navy, and Air Force of the Department of Defense.

      (2) Even-age logging causes a substantial reduction in native biodiversity by emphasizing the production of a limited number of commercial species of trees on each site, generally only one species by--

        (A) manipulating the vegetation toward greater relative density of such commercial species;

        (B) suppressing competing species; and

        (C) planting, on numerous sites, a commercial strain that was developed to reduce the relative diversity of genetic strains that previously occurred within the species on the same sites.

      (3) Even-age logging kills immobile species and the very young of mobile species of wildlife and depletes the habitat of deep-forest species of animals, including endangered species.

      (4) Even-age logging exposes the soil to direct sunlight, impact of rains, disruption of surface, and compaction of organic layers, and disrupts the run-off restraining capabilities of roots and low-lying vegetation, resulting in soil erosion, leaching out of nutrients, reduction in biological content of the soil, and impoverishment of the soil, with long-range deleterious effect on all land resources, even timber production.

      (5) Even-age logging decreases the capability of the soil to retain carbon and, during the critical periods of felling and site preparation, reduces the capacity of the biomass to process and to store carbon, with a result of loss of such carbon to the atmosphere, thereby aggravating global warming.

      (6) Even-age logging renders the soil increasingly sensitive to acid deposition by causing decline of soil wood and coarse woody debris, reducing site capacity for retention of water and nutrients, increasing soil heat, and impairing the maintenance of protective carbon compounds on the soil surface.

      (7) Even-age logging results in increased stream sedimentation, siltation of stream bottoms, decline in water quality, impairment of life cycles and spawning processes of aquatic life from benthic organisms to large fish, thereby depleting the sports and commercial fisheries of the United States.

      (8) Even-age logging results in lessening resistance in the plant community, including the commercial tree crop, to insects and diseases, under the ecological principle that as the relative density of a species in a given area approaches totality the population of that species in that area becomes increasingly susceptible to insects and diseases.

      (9) Even-age logging increases harmful edge effects, including blowdowns, invasions by weed species, and heavier losses to predators and competitors, from raccoons and hawks to ratsnakes and cowbirds.

      (10) Even-age logging decreases recreational diversity, reducing deep, canopied, variegated, permanent forests, where the public can fulfill an expanding need for recreation. Even-age logging replaces such forests with a surplus of clearings that grow into relatively impenetrable thickets of saplings, and then into monotonous plantations.

      (11) Human beings depend on native biological resources, including plants, animals, and microorganisms, for food, medicine, shelter, and other important products, and as a source of intellectual and scientific knowledge, recreation, and aesthetic pleasure.

      (12) A reduction in native biodiversity has serious consequences for human welfare, as the United States irretrievably loses resources for research and agricultural, medicinal, and industrial development.

      (13) A reduction of biological diversity in Federal forests adversely affects the functions of ecosystems and critical ecosystem processes that moderate climate, govern nutrient cycles and soil conservation and production, control pests and diseases, and degrade wastes and pollutants.

      (14) The harm of even-age logging to the natural resources of the United States and the quality of life of its people are substantial, severe, and avoidable.

      (15) By substituting selection management and native biodiversity protection, as prescribed in this Act, for the even-age system, the Federal agencies now engaged in even-age logging would substantially reduce or eliminate devastation to the environment, would maintain vital native ecosystems in Federal forests, and would improve the quality of life of the American people.

      (16) Selection logging is more job intensive, therefore providing more employment than even-age cutting for managing the same amount of timber production, and produces higher quality sawlogs.

      (17) The remedies now available through the courts for citizens to utilize in the enforcement of Federal forest laws are inadequate, and should be strengthened by providing for actions by citizens for injunctions, declaratory judgments, civil penalties, and reasonable costs of suit.

      (18) Less than 10 percent of the native and old-growth forests of the United States remain uncut. The vast majority of these forests are located on Federal forests. Of these lands, only a small fraction constitute large, unfragmented forests. Such unique and valuable assets to the general public would be diminished by extractive logging.

      (19) The exceptional recreational, biological, scientific, or economic assets of certain special forested areas on Federal lands are valuable to the general public, and would be diminished by extractive logging in such areas.

      (20) In order to--

        (A) gauge the effectiveness and appropriateness of current and future resource management activities, and

        (B) continue to broaden and develop an understanding of silvicultural practices,

      it is important that many special forested areas remain in a natural, unmanaged state to serve as scientifically established baseline control forests.

      (21) Certain special forested areas provide habitat for the survival and recovery of endangered and threatened plant and wildlife species such as grizzly bears, spotted owls, the Pacific salmon, and the Pacific yew, that are intolerant to extractive logging.

      (22) The most recent scientific studies indicate that several thousand species of plants and animals may be dependent on large, unfragmented forest areas.

      (23) As of the date of enactment of this Act, many neotropical migratory songbird species are currently experiencing documented broad scale population declines and require large, unfragmented forests to ensure the survival of such species.

      (24) In many areas, extractive logging activities are done at significant financial loss to the United States Treasury and the taxpayers of the United States.

      (25) Helicopter logging is an especially expensive logging method that can cause great and irreparable ecological harm to natural forests.

      (26) Large unfragmented forest watersheds provide high quality drinking water supplies for citizens across the country.

      (27) Destruction of large-scale natural forests--

        (A) has resulted in a tremendous loss of jobs in the fishing, tourism, and guiding industries; and

        (B) has adversely affected sustainable forest products industries such as the collection of mushrooms and herbal remedies.

      (28) Many forested areas on Federal lands are considered sacred sites by native peoples.

SEC. 3. AMENDMENT OF RANGELAND AND RENEWABLE RESOURCES PLANNING ACT OF 1974 RELATING TO NATIONAL FOREST SYSTEM LANDS.

    (a) CONSERVATION OF NATIVE BIODIVERSITY- Section 6(g)(3)(B) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(g)(3)(B)) is amended to read as follows:

        ‘(B) for each stand that is managed or operated for timber purposes, and throughout each forested area, provide for the conservation or restoration of native biodiversity except during the extraction stage of authorized mineral development or during authorized construction projects, in which case the Secretary shall conserve native biodiversity to the extent practicable;’.

    (b) COMMITTEE OF SCIENTISTS- Section 6(h)(1) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(h)(1)) is amended to read as follows:

    ‘(h)(1) In carrying out the purposes of subsection (g), the Secretary shall appoint a committee of scientists who--

      ‘(A) are not officers or employees of the Forest Service or any other public entity, or of any entity engaged in whole or in part in the production of wood or wood products, and

      ‘(B) have not contracted with or represented any such entity during the 5-year period prior to serving on such committee.

    ‘(2) The committee shall provide scientific and technical advice and counsel concerning proposed guidelines and procedures to ensure that an effective interdisciplinary approach to land management is proposed and adopted.

    ‘(3) The committee shall terminate after the expiration of the 10-year period beginning on the date of enactment of this paragraph.’.

    (c) RESTRICTION ON USE OF CERTAIN LOGGING PRACTICES- Section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604) is amended by adding at the end the following new subsection:

    ‘(n) RESTRICTION ON USE OF CERTAIN LOGGING PRACTICES- (1) For each stand that is managed or operated for timber purposes throughout each forested area, the guidelines specified pursuant to subsection (g)(3)(F) shall prohibit any even-age logging and any even-age management.

    ‘(2) On each site already under even-age management at the time of the implementation, the Secretary shall--

      ‘(A) prescribe a shift to selection management, or

      ‘(B) cease managing for timber purposes and actively restore the native biodiversity, or permit each site to regain its native biodiversity.

    ‘(3) For the purposes of this subsection:

      ‘(A) The term ‘native biodiversity’ means the full range of variety and variability within and among living organisms and the ecological complexes in which they would have occurred in the absence of significant human impact, and encompasses diversity, within a species (genetic), within a community of species (within-community), between communities of species (between-communities), within a total area such as a watershed (total area), along a plane from soil to sky (vertical), and along the plane of the earth-surface (horizontal). Vertical and horizontal diversity apply to all the other aspects of diversity.

      ‘(B) The terms ‘conserve’ and ‘conservation’ refer to protective measures for maintaining existing native biological diversity and active measures for restoring diversity through management efforts, in order to protect, restore, and enhance as much of the variety of species and communities as possible in abundances and distributions that provide for their continued existence and normal functioning, including the viability of populations throughout their natural geographic distributions.

      ‘(C) The term ‘within-community diversity’ means the distinctive assemblages of species and ecological processes that occur in different physical settings of the biosphere and distinct parts of the world.

      ‘(D) The term ‘genetic diversity’ means the differences in genetic composition within and among populations of a given species.

      ‘(E) The term ‘species diversity’ means the richness and variety of native species in a particular location of the world.

      ‘(F) The term ‘group selection’ means a form of selection management that emphasizes the periodic removal of trees, including mature, undesirable, and cull trees in small groups, where they occur that way, with a result of (i) creating openings not to exceed in width in any direction the height of the tallest tree standing within 10 feet of the edge of the group cut, and (ii) maintaining different age groups in a given stand. In no event will more than 30 percent of a stand be felled within 40 years.

      ‘(G) The term ‘stand’ means a forest community with enough identity by location, topography, or dominant species to be managed as a unit, not to exceed 100 acres.

      ‘(H) The term ‘clearcutting’ means the logging of the commercial trees in a patch or stand in a short period of time.

      ‘(I) The term ‘even-age management’ means the growing of commercial timber so that all trees in a patch or stand are generally within 10 years of the same age. Except for designated leave trees, or clumps of trees, the patch or stand is logged, completely in any acre within a period of 30 years, by clearcutting, salvage logging, seed-tree cutting or shelterwood cutting, or any system other than selection management.

      ‘(J) The term ‘salvage logging’ means the felling or further damaging, within any 30-year period, of a greater basal area than 30 square feet per acre of dead, damaged, or other trees, or any combination of such trees.

      ‘(K) The term ‘seed-tree cut’ means a logging operation that leaves one or more seed trees, generally 6 to 10 per acre.

      ‘(L) The term ‘selection management’ means the application of logging and other actions needed to maintain continuous high forest cover where such cover naturally occurs, recurring natural regeneration of all native species on the site, and the orderly growth and development of trees through a range of diameter or age classes to provide a sustained yield of forest products. Cutting methods that develop and maintain selection stands are individual-tree and group selection. A goal of selection is improvement of quality by continuously harvesting trees less likely to contribute to the long-range health of the stand.

      ‘(M) The term ‘shelterwood cut’ means an even-aged silvicultural regeneration method under which a minority of the mature stand is retained as a seed source or protection during the regeneration period. The standing mature trees, usually 10 to 20 per acre, are later removed in one or more cuttings.

      ‘(N) The term ‘timber purposes’ shall include the use, sale, lease, or distribution of trees, or the felling of trees or portions of trees except to create land space for a structure or other use.

      ‘(O) The term ‘helicopter logging’ means any logging activity that involves the use of helicopters to transport logs or logging equipment.

    ‘(4)(A)(i) The purpose of this paragraph is to foster the widest possible enforcement of subsection (g)(3)(B) and this subsection.

    ‘(ii) Congress finds that all people of the United States are injured by actions on lands to which subsection (g)(3)(B) and this subsection apply.

    ‘(B) The provisions of subsection (g)(3)(B) and this subsection shall be enforced by the Secretary of Agriculture and the Attorney General of the United States against any person who violates either of them.

    ‘(C)(i) Any citizen may enforce any provision of subsection (g)(3)(B) and this subsection by bringing an action for declaratory judgment, temporary restraining order, injunction, civil penalty, and other remedies against any alleged violator including the United States, in any district court of the United States.

    ‘(ii) The court, after determining a violation of either of such subsections, shall impose a penalty of not less than $5,000 and not more than $50,000 per violation, shall issue one or more injunctions and other equitable relief and shall award to the plaintiffs reasonable costs of litigation including attorney’s fees, witness fees and other necessary expenses.

    ‘(D) The penalty authorized by subparagraph (C)(ii) shall be paid by the violator or violators designated by the court. If that violator is the United States of America or a Federal agency or officer, the penalty shall be paid to the Judgment Fund, as provided by Congress under section 1304 of title 31, United States Code.

    ‘(E) The penalty shall be paid from the Judgment Fund within 40 days after judgment to the person or persons designated to receive it, to be applied in protecting or restoring native biodiversity in or adjoining Federal land. Any award of costs of litigation and any award of attorney fees shall be paid within 40 days after judgment.

    ‘(F) The United States, including its agents and employees waives its sovereign immunity in all respects in all actions under subsection (g)(3)(B) and this subsection. No notice is required to enforce this subsection.

    ‘(5) With respect to any roadless area, as defined in the second United States Department of Agriculture Forest Service Roadless Area Review and Evaluation (RARE II, 1978) or in a land and resource management plan prepared pursuant to this section, the following prohibitions shall apply:

      ‘(A) No roads shall be constructed or reconstructed.

      ‘(B) No helicopter landing sites or facilities shall be built.

      ‘(C) No helicopter logging shall be permitted.’.

    (d) CONFORMING AMENDMENT- Section 6(g)(2)(F) of the Forest and Rangeland Renewable Resource Planning Act of 1974 (16 U.S.C. 1604(g)(2)(F)) is amended by inserting ‘in accordance with subsection (g) and’ after ‘National Forest System lands.’.

SEC. 4. AMENDMENT OF FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 RELATING TO THE PUBLIC LANDS.

    (a) CONSERVATION OF NATIVE BIODIVERSITY- Section 202(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)) is amended--

      (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and

      (2) by inserting after paragraph (7) the following new paragraph (8):

      ‘(8) in each stand that is managed or operated for timber purposes throughout each forested area provide for the conservation or restoration of native biodiversity except during the extraction stage of authorized mineral development or during authorized construction projects, in which events the Secretary shall conserve native biodiversity to the extent possible;’.

    (b) RESTRICTION ON USE OF CERTAIN LOGGING PRACTICES- Section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended by adding at the end the following:

    ‘(g) RESTRICTION ON USE OF CERTAIN LOGGING PRACTICES- (1) In each stand that is managed or operated for timber purposes throughout each forested area, the Secretary under subsection (c)(8) shall prohibit any even-age logging and any even-age management.

    ‘(2) On each site already under even-age management, the Secretary shall--

      ‘(A) prescribe a shift to selection management, or

      ‘(B) cease managing for timber purposes and actively restore the native biodiversity, or permit each site to regain its native biodiversity.

    ‘(3) For the purposes of this subsection:

      ‘(A) The term ‘native biodiversity’ means the full range of variety and variability within and among living organisms and the ecological complexes in which they would have occurred in the absence of significant human impact, and encompasses diversity, within a species (genetic), within a community of species (within-community), between communities of species (between-communities), within a total area such as a watershed (total area), along a plane from soil to sky (vertical), and along the plane of the earth-surface (horizontal). Vertical and horizontal diversity apply to all the other aspects of diversity.

      ‘(B) The terms ‘conserve’ and ‘conservation’ refer to protective measures for maintaining existing native biological diversity and active measures for restoring diversity through management efforts, in order to protect, restore, and enhance as much of the variety of species and communities as possible in abundances and distributions that provide for their continued existence and normal functioning, including the viability of populations throughout their natural geographic distributions.

      ‘(C) The term ‘within-community diversity’ means the distinctive assemblages of species and ecological processes that occur in different physical settings of the biosphere and distinct parts of the world.

      ‘(D) The term ‘genetic diversity’ means the differences in genetic composition within and among populations of a given species.

      ‘(E) The term ‘species diversity’ means the richness and variety of native species in a particular location of the world.

      ‘(F) The term ‘group selection’ means a form of selection management that emphasizes the periodic removal of trees, including mature, undesirable, and cull trees in small groups, where they occur that way, with a result of (i) creating openings not to exceed in width in any direction the height of the tallest tree standing within 10 feet of the edge of the group cut, and (ii) maintaining different age groups in a given stand. In no event will more than 30 percent of a stand be felled within 40 years.

      ‘(G) The term ‘stand’ means a forest community with enough identity by location, topography, or dominant species to be managed as a unit, not to exceed 100 acres.

      ‘(H) The term ‘clearcutting’ means the logging of the commercial trees in a patch or stand in a short period of time.

      ‘(I) The term ‘even-age management’ means the growing of commercial timber so that all trees in a patch or stand are generally within 10 years of the same age. Except for designated leave trees, or clumps of trees, the patch or stand is logged, completely in any acre within a period of 30 years, by clearcutting, salvage logging, seed-tree cutting or shelterwood cutting, or any system other than selection management.

      ‘(J) The term, ‘salvage logging’ means the felling or further damaging, within any 30-year period, of a greater basal area than 30 square feet per acre of dead, damaged, or other trees, or any combination of such trees.

      ‘(K) The term ‘seed-tree cut’ means a logging operation that leaves one or more seed trees, generally 6 to 10 per acre.

      ‘(L) The term ‘selection management’ means the application of logging and other actions needed to maintain continuous high forest cover where such cover naturally occurs, recurring natural regeneration of all native species on the site, and the orderly growth and development of trees through a range of diameter or age classes to provide a sustained yield of forest products. Cutting methods that develop and maintain selection stands are individual-tree and group selection. A goal of selection is improvement of quality by continuously harvesting trees less likely to contribute to the long-range health of the stand.

      ‘(M) The term ‘shelterwood cut’ means an even-aged silvicultural regeneration method under which a minority of the mature stand is retained as a seed source or protection during the regeneration period. The standing mature trees, usually 10 to 20 per acre, are later removed in one or more cuttings.

      ‘(N) The term ‘timber purposes’ shall include the use, sale, lease, or distribution of trees, or the felling of trees or portions of trees except to create land space for a structure or other use.

      ‘(O) The term ‘helicopter logging’ means any logging activity that involves the use of helicopters to transport logs or logging equipment.

    ‘(4)(A)(i) The purpose of this paragraph is to foster the widest possible enforcement of subsection (c)(8) and this subsection.

    ‘(ii) Congress finds that all people of the United States are injured by actions on lands to which subsection (c)(8) and this subsection apply.

    ‘(B) The provisions of subsection (c)(8) and this subsection shall be enforced by the Secretary of the Interior and the Attorney General of the United States against any person who violates either of them.

    ‘(C)(i) Any citizen may enforce any provision of subsection (c)(8) and this subsection by bringing an action for declaratory judgment, temporary restraining order, injunction, civil penalty, and other remedies against any alleged violator including the United States, in any district court of the United States.

    ‘(ii) The court, after determining a violation of either of such subsections, shall impose a penalty of not less than $5,000 and not more than $50,000 per violation, shall issue one or more injunctions and other equitable relief and shall award to the plaintiffs reasonable costs of litigation including attorney’s fees, witness fees and other necessary expenses.

    ‘(D) The penalty authorized by subparagraph (C) (ii) shall be paid by the violator or violators designated by the court. If that violator is the United States of America or a Federal agency or officer, the penalty shall be paid to the Judgment Fund, as provided by Congress under section 1304 of title 31, United States Code.

    ‘(E) The penalty shall be paid from the Judgment Fund within 40 days after judgment to the person or persons designated to receive it, to be applied in protecting or restoring native biodiversity in or adjoining Federal land. Any award of costs of litigation and any award of attorney fees shall be paid within 40 days after judgment.

    ‘(F) The United States, including its agents and employees waives its sovereign immunity in all respects in all actions under subsection (c)(8) and this subsection. No notice is required to enforce this subsection.

    ‘(5) With respect to any Bureau of Land Management roadless area that is inventoried pursuant to this Act, the following prohibitions shall apply:

      ‘(A) No roads shall be constructed or reconstructed.

      ‘(B) No helicopter landing sites or facilities shall be built.

      ‘(C) No helicopter logging shall be permitted.’.

    (c) REPEAL- Subsection (b) of section 701 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 note) is hereby repealed.

SEC. 5. AMENDMENT OF NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT OF 1966 RELATING TO THE NATIONAL WILDLIFE REFUGE SYSTEM.

    Section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd) is amended by adding at the end the following:

    ‘(j) CONSERVATION OF NATIVE BIODIVERSITY- In each stand that is managed or operated for timber purposes throughout each forested area within the System, the Secretary shall provide for the conservation or restoration of native biodiversity, except during the extraction stage of authorized mineral development or during authorized construction projects, in which events the Secretary shall conserve native biodiversity to the extent possible.

    ‘(k) RESTRICTION ON USE OF CERTAIN LOGGING PRACTICES- (1) In each stand that is managed or operated for timber purposes throughout each forested area within the System, the Secretary under subsection (j) shall prohibit any even-age logging and any even-age management.

    ‘(2) On each site already under even-age management, the Secretary shall--

      ‘(A) prescribe a shift to selection management, or

      ‘(B) cease managing for timber purposes and actively restore the native biodiversity, or permit each site to regain its native biodiversity.

    ‘(3) For the purposes of this subsection:

      ‘(A) The term ‘native biodiversity’ means the full range of variety and variability within and among living organisms and the ecological complexes in which they would have occurred in the absence of significant human impact, and encompasses diversity, within a species (genetic), within a community of species (within-community), between communities of species (between-communities), within a total area such as a watershed (total area), along a plane from soil to sky (vertical), and along the plane of the earth-surface (horizontal). Vertical and horizontal diversity apply to all the other aspects of diversity.

      ‘(B) The terms ‘conserve’ and ‘conservation’ refer to protective measures for maintaining existing native biological diversity and active measures for restoring diversity through management efforts, in order to protect, restore, and enhance as much of the variety of species and communities as possible in abundances and distributions that provide for their continued existence and normal functioning, including the viability of populations throughout their natural geographic distributions.

      ‘(C) The term ‘within-community diversity’ means the distinctive assemblages of species and ecological processes that occur in different physical settings of the biosphere and distinct parts of the world.

      ‘(D) The term ‘genetic diversity’ means the differences in genetic composition within and among populations of a given species.

      ‘(E) The term ‘species diversity’ means the richness and variety of native species in a particular location of the world.

      ‘(F) The term ‘group selection’ means a form of selection management that emphasizes the periodic removal of trees, including mature, undesirable, and cull trees in small groups, where they occur that way, with a result of (i) creating openings not to exceed in width in any direction the height of the tallest tree standing within 10 feet of the edge of the group cut, and (ii) maintaining different age groups in a given stand. In no event will more than 30 percent of a stand be felled within 40 years.

      ‘(G) The term ‘stand’ means a forest community with enough identity by location, topography, or dominant species to be managed as a unit, not to exceed 100 acres.

      ‘(H) The term ‘clearcutting’ means the logging of the commercial trees in a patch or stand in a short period of time.

      ‘(I) The term ‘even-age management’ means the growing of commercial timber so that all trees in a patch or stand are generally within 10 years of the same age. Except for designated leave trees, or clumps of trees, the patch or stand is logged, completely in any acre within a period of 30 years, by clearcutting, salvage logging, seed-tree cutting or shelterwood cutting, or any system other than selection management.

      ‘(J) The term, ‘salvage logging’ means the felling or further damaging, within a 30-year period, of a greater basal area than 30 square feet per acre of dead, damaged, or other trees, or any combination of such trees.

      ‘(K) The term ‘seed-tree cut’ means a logging operation that leaves one or more seed trees, generally 6 to 10 per acre.

      ‘(L) The term ‘selection management’ means the application of logging and other actions needed to maintain continuous high forest cover where such cover naturally occurs, recurring natural regeneration of all native species on the site, and the orderly growth and development of trees through a range of diameter or age classes to provide a sustained yield of forest products. Cutting methods that develop and maintain selection stands are individual-tree and group selection. A goal of selection is improvement of quality by continuously harvesting trees less likely to contribute to the long-range health of the stand.

      ‘(M) The term ‘shelterwood cut’ means an even-aged silvicultural regeneration method under which a minority of the mature stand is retained as a seed source or protection during the regeneration period. The standing mature trees, usually 10 to 20 per acre, are later removed in one or more cuttings.

      ‘(N) The term ‘timber purposes’ shall include the use, sale, lease, or distribution of trees, or the felling of trees or portions of trees except to create land space for a structure or other use.

    ‘(4)(A)(i) The purpose of this paragraph is to foster the widest possible enforcement of subsection (j) and this subsection.

    ‘(ii) Congress finds that all people of the United States are injured by actions on lands to which subsection (j) and this subsection apply.

    ‘(B) The provisions of subsection (j) and this subsection shall be enforced by the Secretary of the Interior and the Attorney General of the United States against any person who violates either of them.

    ‘(C)(i) Any citizen may enforce any provision of this subsection by bringing an action for declaratory judgment, temporary restraining order, injunction, civil penalty, and other remedies against any alleged violator including the United States, in any district court of the United States.

    ‘(ii) The court, after determining a violation of either of such subsections, shall impose a penalty of not less than $5,000 and not more than $50,000 per violation, shall issue one or more injunctions and other equitable relief and shall award to the plaintiffs reasonable costs of litigation including attorney’s fees, witness fees and other necessary expenses.

    ‘(D) The penalty authorized by subparagraph (C)(ii) shall be paid by the violator or violators designed by the court. If that violator is the United States of America or a Federal agency or officer, the penalty shall be paid to the Judgment Fund, as provided by Congress under section 1304 of title 31, United States Code.

    ‘(E) The penalty should be paid from the Judgment Fund within 40 days after judgment to the person or persons designated to receive it, to be applied in protecting or restoring native biodiversity in or adjoining Federal land. Any award of costs of litigation and any award of attorney fees shall be paid within 40 days after judgment.

    ‘(F) The United States, including its agents and employees waives its sovereign immunity in all respects in all actions under subsection (j) and this subsection. No notice is required to enforce this subsection.’.

SEC. 6. AMENDMENT OF NATIONAL INDIAN FOREST RESOURCES MANAGEMENT ACT RELATING TO INDIAN LANDS.

    Section 305 of the National Indian Forest Resources Management Act (25 U.S.C. 4535) is amended by adding at the end the following new subsections:

    ‘(c) CONSERVATION OF NATIVE BIODIVERSITY- In each stand that is managed or operated for timber purposes in each forested area on Indian lands, the Secretary shall provide for the conservation or restoration of native biodiversity in each stand that is managed or operated for timber purposes in each forested area on Indian lands except during the extraction stage of authorized mineral development or during authorized construction projects in which events the Secretary shall conserve native biodiversity to the extent possible.

    ‘(d) RESTRICTION ON USE OF CERTAIN LOGGING PRACTICES- (1) In each stand that is managed or operated for timber purposes throughout each forested area on Indian forest lands, the Secretary under subsection (c) shall prohibit any even-age logging and any even-age management.

    ‘(2) On each site already under even-age management, the Secretary shall--

      ‘(A) prescribe a shift to selection management, or

      ‘(B) cease managing for timber purposes and actively restore the native biodiversity, or permit each site to regain its native biodiversity.

    ‘(3) For the purposes of this section:

      ‘(A) The term ‘native biodiversity’ means the full range of variety and variability within and among living organisms and the ecological complexes in which they would have occurred in the absence of significant human impact, and encompasses diversity, within a species (genetic), within a community of species (within-community), between communities of species (between-communities), within a total area such as a watershed (total area), along a plane from soil to sky (vertical), and along the plane of the earth-surface (horizontal). Vertical and horizontal diversity apply to all the other aspects of diversity.

      ‘(B) The terms ‘conserve’ and ‘conservation’ refer to protective measures for maintaining existing native biological diversity and active measures for restoring diversity through management efforts, in order to protect, restore, and enhance as much of the variety of species and communities as possible in abundances and distributions that provide for their continued existence and normal functioning, including the viability of populations throughout their natural geographic distributions.

      ‘(C) The term ‘within-community diversity’ means the distinctive assemblages of species and ecological processes that occur in different physical settings of the biosphere and distinct parts of the world.

      ‘(D) The term ‘genetic diversity’ means the differences in genetic composition within and among populations of a given species.

      ‘(E) The term ‘species diversity’ means the richness and variety of native species in a particular location of the world.

      ‘(F) The term ‘group selection’ means a form of selection management that emphasizes the periodic removal of trees, including mature, undesirable, and cull trees in small groups, where they occur that way, with a result of (i) creating openings not to exceed in width in any direction the height of the tallest tree standing within 10 feet of the edge of the group cut, and (ii) maintaining different age groups in a given stand. In no event will more than 30 percent of a stand be felled within 40 years.

      ‘(G) The term ‘stand’ means a forest community with enough identity by location, topography, or dominant species to be managed as a unit, not to exceed 100 acres.

      ‘(H) The term ‘clearcutting’ means the logging of the commercial trees in a patch or stand in a short period of time.

      ‘(I) The term ‘even-age management’ means the growing of commercial timber so that all trees in a patch or stand are generally within 10 years of the same age. Except for designated leave trees, or clumps of trees, the patch or stand is logged, completely in any acre within a period of 30 years, by clearcutting, salvage logging, seed-tree cutting or shelterwood cutting, or any system other than selection management.

      ‘(J) The term, ‘salvage logging’ means the felling or further damaging, within any 30-year period, of a greater basal area than 30 square feet per acre of dead, damaged, or other trees, or any combination of such trees.

      ‘(K) The term ‘seed-tree cut’ means a logging operation that leaves one or more seed trees, generally 6 to 10 per acre.

      ‘(L) The term ‘selection management’ means the application of logging and other actions needed to maintain continuous high forest cover where such cover naturally occurs, recurring natural regeneration of all native species on the site, and the orderly growth and development of trees through a range of diameter or age classes to provide a sustained yield of forest products. Cutting methods that develop and maintain selection stands are individual-tree and group selection. A goal of selection is improvement of quality by continuously harvesting trees less likely to contribute to the long-range health of the stand.

      ‘(M) The term ‘shelterwood cut’ means an even-aged silvicultural regeneration method under which a minority of the mature stand is retained as a seed source or protection during the regeneration period. The standing mature trees, usually 10 to 20 per acre, are later removed in one or more cuttings.

      ‘(N) The term ‘timber purposes’ shall include the use, sale, lease, or distribution of trees, or the felling of trees or portions of trees except to create land space for a structure or other use.

    ‘(4)(A)(i) The purpose of this paragraph is to foster the widest possible enforcement of subsection (c) and this subsection.

    ‘(ii) Congress finds that all people of the United States are injured by actions on lands to which subsection (c) and this subsection apply.

    ‘(B) The provisions of subsection (c) and this subsection shall be enforced by the Secretary of the Interior and the Attorney General of the United States against any person who violates either of them.

    ‘(C)(i) Any citizen may enforce any provision of subsection (c) and this subsection by bringing an action for declaratory judgment, temporary restraining order, injunction, civil penalty, and other remedies against any alleged violator including the United States, in any district court of the United States.

    ‘(ii) The court, after determining a violation of either of such subsections shall impose a penalty of not less than $5,000 and not more than $50,000 per violation, shall issue one or more injunctions and other equitable relief and shall award to the plaintiffs reasonable costs of litigation including attorney’s fees, witness fees and other necessary expenses.

    ‘(D) The penalty authorized by subparagraph (C)(ii) shall be paid by the violator or violators designated by the court. If that violator is the United States of America or a Federal agency or officer, the penalty shall be paid to the Judgment Fund, as provided by Congress under section 1304 of title 31, United States Code.

    ‘(E) The penalty should be paid from the Judgment Fund within 40 days after judgment to the person or persons designated to receive it, to be applied in protecting or restoring native biodiversity in or adjoining Federal land. Any award of costs of litigation and any award of attorney fees shall be paid within 40 days after judgment.

    ‘(F) The United States, including its agents and employees waives its sovereign immunity in all respects in all actions under subsection (c) and this subsection. No notice is required to enforce this subsection.’.

SEC. 7. AMENDMENT OF TITLE 10, UNITED STATES CODE, RELATING TO FOREST MANAGEMENT ON MILITARY LANDS.

    (a) IN GENERAL- Chapter 159 of title 10, United States Code, is amended by adding at the end the following new section:

‘Sec. 2693. Conservation of native biodiversity

    ‘(a) CONSERVATION OF NATIVE BIODIVERSITY- In each stand that is operated for timber purposes throughout each forested area on a military installation or projects administered by the Army Corps of Engineers, the Secretary concerned shall provide for the conservation or restoration of native biodiversity, except during authorized construction projects in which events the Secretary shall conserve native biodiversity to the extent possible.

    ‘(b) RESTRICTION ON USE OF CERTAIN LOGGING PRACTICES- (1) In each stand that is managed or operated for timber purposes throughout each forested area on a military installation or reservation and on a project administered by the Army Corps of Engineers, the Secretary under subsection (a) shall prohibit any even-age logging and any even-age management.

    ‘(2) On each site already under even-age management, the Secretary shall

      ‘(A) prescribe a shift to selection management, or

      ‘(B) cease managing for timber purposes and actively restore the native biodiversity, or permit each site to regain its native biodiversity.

    ‘(3) In this section:

      ‘(A) The term ‘native biodiversity’ means the full range of variety and variability within and among living organisms and the ecological complexes in which they would have occurred in the absence of significant human impact, and encompasses diversity, within a species (genetic), within a community of species (within-community), between communities of species (between-communities), within a total area such as a watershed (total area), along a plane from soil to sky (vertical), and along the plane of the earth-surface (horizontal). Vertical and horizontal diversity apply to all the other aspects of diversity.

      ‘(B) The terms ‘conserve’ and ‘conservation’ refer to protective measures for maintaining existing native biological diversity and active measures for restoring diversity through management efforts, in order to protect, restore, and enhance as much of the variety of species and communities as possible in abundances and distributions that provide for their continued existence and normal functioning, including the viability of populations throughout their natural geographic distributions.

      ‘(C) The term ‘within-community diversity’ means the distinctive assemblages of species and ecological processes that occur in different physical settings of the biosphere and distinct parts of the world.

      ‘(D) The term ‘genetic diversity’ means the differences in genetic composition within and among populations of a given species.

      ‘(E) The term ‘species diversity’ means the richness and variety of native species in a particular location of the world.

      ‘(F) The term ‘group selection’ means a form of selection management that emphasizes the periodic removal of trees, including mature, undesirable, and cull trees in small groups, where they occur that way, with a result of (i) creating openings not to exceed in width in any direction the height of the tallest tree standing within 10 feet of the edge of the group cut, and (ii) maintaining different age groups in a given stand. In no event will more than 30 percent of a stand be felled within 40 years.

      ‘(G) The term ‘stand’ means a forest community with enough identity by location, topography, or dominant species to be managed as a unit, not to exceed 100 acres.

      ‘(H) The term ‘clearcutting’ means the logging of the commercial trees in a patch or stand in a short period of time.

      ‘(I) The term ‘even-age management’ means the growing of commercial timber so that all trees in a patch or stand are generally within 10 years of the same age. Except for designated leave trees, or clumps of trees, the patch or stand is logged completely in any acre within a period of 30 years, by clearcutting, salvage logging, seed-tree cutting or shelterwood cutting, or any system other than selection management.

      ‘(J) The term, ‘salvage logging’ means the felling or further damaging, within any 30-year period, of a greater basal area than 30 square feet per acre of dead, damaged, or other trees, or any combination of such trees.

      ‘(K) The term ‘seed-tree cut’ means a logging operation that leaves one or more seed trees, generally 6 to 10 per acre.

      ‘(L) The term ‘selection management’ means the application of logging and other actions needed to maintain continuous high forest cover where such cover naturally occurs, recurring natural regeneration of all native species on the site, and the orderly growth and development of trees through a range of diameter or age classes to provide a sustained yield of forest products. Cutting methods that develop and maintain selection stands are individual-tree and group selection. A goal of selection is improvement of quality by continuously harvesting trees less likely to contribute to the long-range health of the stand.

      ‘(M) The term ‘shelterwood cut’ means an even-aged silvicultural regeneration method under which a minority of the mature stand is retained as a seed source or protection during the regeneration period. The standing mature trees, usually 10 to 20 per acre, are later removed in one or more cuttings.

      ‘(N) The term ‘timber purposes’ shall include the use, sale, lease, or distribution of trees, or the felling of trees or portions of trees except to create land space for a structure or other use.

    ‘(4)(A)(i) The purpose of this paragraph is to foster the widest possible enforcement of this section.

    ‘(ii) Congress finds that all people of the United States are injured by actions on lands to which this section applies.

    ‘(B) The provisions of this section shall be enforced by the Secretary of Defense and the Attorney General of the United States against any person who violates this section.

    ‘(C)(i) Any citizen may enforce any provision of this section by bringing an action for declaratory judgment, temporary restraining order, injunction, civil penalty, and other remedies against any alleged violator including the United States, in any district court of the United States.

    ‘(ii) The court, after determining a violation of this section, shall impose a penalty of not less than $5,000 and not more than $50,000 per violation, shall issue one or more injunctions and other equitable relief and shall award to the plaintiffs reasonable costs of litigation including attorney’s fees, witness fees and other necessary expenses.

    ‘(D) The penalty authorized by subparagraph (C)(ii) shall be paid by the violator or violators designated by the court. If that violator is the United States of America or a Federal agency or officer, the penalty shall be paid to the Judgment Fund, as provided by Congress under section 1304 of title 31, United States Code.

    ‘(E) The penalty should be paid from the Judgment Fund within 40 days after judgment to the person or persons designated to receive it, to be applied in protecting or restoring native biodiversity in or adjoining Federal land. Any award of costs of litigation and any award of attorney fees shall be paid within 40 days after judgment.

    ‘(F) The United States, including its agents and employees waives its sovereign immunity in all respects in all actions under this section. No notice is required to enforce this section.’.

    (b) CONFORMING AMENDMENT- The table of sections for chapter 159 of title 10, United States Code, is amended by adding at the end the following new item:

      ‘2693. Conservation of native biodiversity.’.

SEC. 8. DESIGNATION OF SPECIAL AREAS.

    (a) DEFINITIONS- For the purposes of this section--

      (1) the term ‘extractive logging’ means the removal of any logs from a Federal forest for any purpose other than the removal of small quantities of logs for firewood by local individual citizens for their own personal, non-commercial use; and

      (2) The term ‘special area’ means a certain area of public land designated in this section that is to be managed according to the instructions of this section.

    (b) FINDINGS- Congress finds the following:

      (1) Less than 10 percent of the native and old-growth forests of the United States remain uncut. The vast majority of these forests are located on Federal forests. Of these lands, only a small fraction constitute large, unfragmented forests, unique and valuable assets to the general public which would be diminished by extractive logging.

      (2) The exceptional recreational, biological, scientific, or economic assets of certain special forested areas on Federal lands are valuable to the American public and would be diminished by extractive logging in these areas.

      (3) In order to gauge the effectiveness and appropriateness of current and future resource management activities, and to continue to broaden and develop our understanding of silvicultural practices, many special forested areas need to remain in a natural, unmanaged state to serve as scientifically established baseline control forests.

      (4) Certain special forested areas provide habitat for the survival and recovery of endangered and threatened plant and wildlife species such as grizzly bears, spotted owls, and Pacific salmon, and Pacific yew that are intolerant to extractive logging.

      (5) The most recent scientific studies indicate that several thousand species of plants and animals may be dependent on large, unfragmented forest areas.

      (6) As of the date of enactment of this Act, many neotropical migratory songbird species are currently experiencing documented broad scale population declines and require large, unfragmented forests to insure their survival.

      (7) In many areas, extractive logging activities are done at significant financial loss to the Treasury of the United States and the taxpayers of the United States.

      (8) Helicopter logging is an especially expensive logging method that can cause great and irreparable ecological harm to natural forests.

      (9) Large, unfragmented forest watersheds provide high quality drinking water supplies for citizens across the United States.

      (10) Destruction of large scale natural forests has resulted in a tremendous loss of jobs in the fishing, tourism, and guiding industries and has adversely affected sustainable forest products industries such as the collecting of mushrooms and herbal remedies.

      (11) Many forested areas on Federal lands are considered sacred sites by native peoples.

    (c) RESTRICTION ON EXTRACTIVE LOGGING IN SPECIAL AREAS-

      (1) Extractive logging is prohibited in the special areas described in paragraph (2).

      (2) The special areas described in this paragraph are as follows:

        (A) Certain lands in the Bankhead National Forest in Alabama, which comprise approximately 20,000 acres, located directly west of Highway 33 and directly north of County Road 60, including all of the Sipsey River Watershed north of Cranal Road.

        (B) Certain lands in the Tongass National Forest in Alaska, which comprise approximately 75,000 acres, located on north central Prince of Wales Island, comprising the Thorne River and Hatchery Creek watersheds, stretching approximately 40 miles northwest from the vicinity of the town of Thorne Bay to the vicinity of the town of Coffman Cove, generally known as the ‘Honker Divide’.

        (C) Certain lands in the Kaibab National Forest in Arizona, included in the Grand Canyon Game Preserve, which comprise approximately 500,000 acres, abutting the northern side of the Grand Canyon in the area generally known as the ‘North Rim of the Grand Canyon’.

        (D) Certain lands in the Chatahoochee National Forest in Georgia, which comprise approximately 10,000 acres, located approximately 20 miles northwest of the city of Rome, in the area generally known as the ‘Armuchee Cluster’, including Hurricane Mountain, Keown Falls and Hidden Creek.

        (E) Certain lands in the Chatahoochee National Forest in Georgia, which comprise approximately 5,000 acres, located approximately 9 miles east of the town of Clayton, in the area generally known as the ‘Rabun Bald Area’.

        (F) Certain lands in the Nez Perce National Forest in Idaho, which comprise approximately 180,000 acres, located approximately 8 miles east of the town of Elk City in the area generally known as ‘Meadow Creek’.

        (G) Certain lands in the Nez Perce National Forest in Idaho, which comprise approximately 94,000 acres, located approximately 30 miles southwest of the town of Elk City, west of the town of Dixie, in the area generally known as ‘Cove/Mallard’.

        (H) Certain lands in the Payette National Forest in Idaho, which comprise approximately 141,000 acres, located approximately 20 miles north of the town of McCall in the area generally known as ‘French Creek/Patrick Butte’.

        (I) Certain lands in the Shawnee National Forest in Illinois, which comprise--

          (i) approximately 50,000 acres located in northern Pope County, surrounding Bell Smith Springs Natural Area, in the area generally known as ‘Opportunity Area 6’;

          (ii) approximately 490 acres located in northern Pope County, in the Quarrel Creek watershed, in the area generally known as ‘Quarrel Creek’; and

          (iii) approximately 39 acres in Jackson County in the Big Muddy River watershed, in the area generally known as ‘Cripps Bend’.

        (J) Certain lands in the Lolo National Forest in Montana, which comprise approximately 41,000 acres, located approximately 5 miles southwest of the town of Thompson Falls in the area generally known as ‘Mount Bushnell’.

        (K) Certain lands in the Pisgah National Forest in North Carolina, which comprise approximately 14,000 acres, located approximately 15 miles west of Mount Mitchell in the area generally known as the ‘Big Ivy Tract’.

        (L) Certain lands in the Siskyou National Forest and Rogue River National Forest in Oregon, which comprise approximately 20,000 acres, located approximately 20 miles southwest of Grants Pass 10 miles south of Williams in the area generally known as the ‘Kangaroo Roadless Area’.

        (M) Certain lands in the Siskyou National Forest and in Oregon, which comprise approximately 88,000 acres, located in Josephine County lies in the Coast Range about 30 miles due west of Grants Pass in the area generally known as the ‘North Kalmiopsis Roadless Area’.

        (N) Certain lands in the Green Mountain National Forest in Vermont, which comprise approximately 5,500 acres, located 3 miles southwest of Wilmington, bounded on the west and south by Routes 8 and 100, on the north by Route 9, and on the east by New England Power Company lands, generally known as ‘Lamb Brook’.

        (O) Certain lands in the Green Mountain National Forest in Vermont, which comprise approximately 35,000 acres, located 3 miles northeast of Bennington, bounded by Kelly Stand Road to the north, Forest Road 71 to the east, Route 9 to the south and Route 7 to the west, generally known as the ‘Glastenbury Area’.

        (P) Certain lands in the Tahoe National Forest in California, which comprise approximately 50,000 acres, located 50 miles northeast of Sacramento, generally known as the ‘North Fork American River Roadless Area’.

SEC. 9. EFFECTIVE DATE.

    The amendments made by this Act shall not apply with respect to any contract to sell timber which was awarded on or before the date of enactment of this Act.