< Back to H.R. 2407 (104th Congress, 1995–1996)

Text of the Forest Biodiversity Act of 1995

This bill was introduced on September 27, 1995, in a previous session of Congress, but was not enacted. The text of the bill below is as of Sep 27, 1995 (Introduced).

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HR 2407 IH

104th CONGRESS

1st Session

H. R. 2407

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 and to place restraints upon clearcutting and certain other cutting practices on the forests of the United States.

IN THE HOUSE OF REPRESENTATIVES

September 27, 1995

Mr. BRYANT of Texas (for himself and Mr. SHAYS) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committees on Resources and National Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


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 and to place restraints upon clearcutting and certain other cutting practices on the forests of the United States.

    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 Act of 1995’.

SEC. 2. PURPOSES, FINDINGS, CONFLICT WITH ENDANGERED SPECIES ACT.

    (a) PURPOSES- The purposes of this Act are, on all Federal public lands, to conserve native biodiversity and to protect all native ecosystems against losses that result from clearcutting and other forms of even-age logging.

    (b) FINDINGS- Congress finds the following:

      (1) Federal agencies of the United States 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 substantial alterations in native biodiversity by emphasizing the production of a limited number of commercial species of trees on each site, generally only one; by manipulating the vegetation toward greater relative density of such commercial species, by suppressing competing species, and by 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 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.

      (9) Even-age logging decreases recreational values, 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.

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

      (11) Alteration of native biodiversity has serious consequences for human welfare as America irretrievably loses resources for research and agricultural, medicinal, and industrial development.

      (12) Alteration 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.

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

      (14) By substituting selection management, as prescribed in this Act, for the even-age system, the Federal agencies now engaged in even-age logging would substantially reduce devastation to the environment and would improve the quality of life of the American people.

      (15) By protecting native biodiversity, as prescribed in this Act, Federal agencies would maintain vital native ecosystems 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 court remedies now available 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.

    (c) CONFLICT WITH ENDANGERED SPECIES ACT- In the event of any conflict between a provision of this Act, or an amendment made by this Act, and the Endangered Species Act of 1973 (16 U.S.C. 1531), the latter shall prevail.

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) regardless of any other provision in this Act, in each stand and each watershed throughout each forested area, 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;’.

    (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) COMMITTEE OF SCIENTISTS- (1) In carrying out the purposes of subsection (g) of this section, the Secretary shall appoint a committee of scientists who are not officers or employees of the Forest Service nor of any other public entity, nor of any entity engaged in whole or in part in the production of wood or wood products, and have not contracted with or represented any of such entities within a period of 5 years prior to serving on such committee. The committee shall provide scientific and technical advice and counsel on proposed guidelines and procedures and all other issues involving forestry and biodiversity to assure that an effective interdisciplinary approach is proposed and adopted. The committee shall terminate after the expiration of 10 years from 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:

    ‘(n) RESTRICTION ON USE OF CERTAIN LOGGING PRACTICES- (1) In each stand and watershed throughout each forested area, the Secretary shall prohibit any even-age logging and any even-age management after the date of enactment of this subsection.

    ‘(2) On each site already under even-age management, the Secretary shall (A) prescribe a shift to selection management within one year, 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 Act:

      ‘(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 or species), 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 ground 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 and passive 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 outside 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 the basal area of a stand be felled within 40 years. The foregoing limitation shall not be deemed to establish a 100-year projected felling age as the standard at which individual trees in a stand are to be cut, nor shall native biodiversity be limited to that which occurs within the context of a 100-year projected felling age.

      ‘(G) The term ‘stand’ means a biological 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 more than one-half of the commercial trees in a patch larger than a group defined in subparagraph (F) or in a stand of any size 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 20 square feet per acre of dead, damaged, or other trees, or any combination of such trees.

      ‘(K) The term ‘seed-tree cut’ means an even-age logging operation that leaves a small minority of seed trees in a stand for any period of time.

      ‘(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 logging operation that leaves a minority (larger than in a seed-tree cut) of the stand as a seed source or protection cover remaining standing for any period of time.

      ‘(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 (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 harmed by a violation of this Act 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.

    ‘(iii) The standard of proof in all actions brought under this subparagraph shall be the preponderance of the evidence and the trial shall be de novo.

    ‘(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) No roads shall be constructed or reconstructed in 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.’.

    (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) regardless of any other provision in this Act, in each stand and each watershed throughout each forested area, 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;’.

    (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 and watershed throughout each forested area, the Secretary shall prohibit any even-age logging and any even-age management after the date of enactment of this subsection.

    ‘(2) On each site already under even-age management, the Secretary shall (A) prescribe a shift to selection management within one year, 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 Act:

      ‘(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 or species), 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 ground 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 and passive 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 outside 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 the basal area of a stand be felled within 40 years. The foregoing limitation shall not be deemed to establish a 100-year projected felling age as the standard at which individual trees in a stand are to be cut, nor shall native biodiversity be limited to that which occurs within the context of a 100-year projected felling age.

      ‘(G) The term ‘stand’ means a biological 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 more than one-half of the commercial trees in a patch larger than a group defined in subparagraph (F) or in a stand of any size 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 20 square feet per acre of dead, damaged, or other trees, or any combination of such trees.

      ‘(K) The term ‘seed-tree cut’ means an even-age logging operation that leaves a small minority of seed trees in a stand for any period of time.

      ‘(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 logging operation that leaves a minority (larger than in a seed-tree cut) of the stand as a seed source or protection cover remaining standing for any period of time.

      ‘(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)(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 harmed by a violation of this Act 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.

    ‘(iii) The standard of proof in all actions brought under this subparagraph shall be the preponderance of the evidence and the trial shall be de novo.

    ‘(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) No roads shall be constructed or reconstructed in any Bureau of Land Management roadless areas inventoried pursuant to this Act.’.

    (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- Regardless of any other provision in this Act, in each stand and each watershed 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 and watershed throughout each forested area, the Secretary shall prohibit any even-age logging and any even-age management after the date of enactment of this subsection.

    ‘(2) On each site already under even-age management, the Secretary shall (A) prescribe a shift to selection management within one year, 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 or species), 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 ground 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 and passive 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 outside 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 the basal area of a stand be felled within 40 years. The foregoing limitation shall not be deemed to establish a 100-year projected felling age as the standard at which individual trees in a stand are to be cut, nor shall native biodiversity be limited to that which occurs within the context of a 100-year projected felling age.

      ‘(G) The term ‘stand’ means a biological 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 more than one-half of the commercial trees in a patch larger than a group defined in subparagraph (F) or in a stand of any size 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 20 square feet per acre of dead, damaged, or other trees, or any combination of such trees.

      ‘(K) The term ‘seed-tree cut’ means an even-age logging operation that leaves a small minority of seed trees in a stand for any period of time.

      ‘(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 logging operation that leaves a minority (larger than in a seed-tree cut) of the stand as a seed source or protection cover remaining standing for any period of time.

      ‘(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 harmed by a violation of this Act 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.

    ‘(iii) The standard of proof in all actions brought under this subparagraph shall be the preponderance of the evidence and the trial shall be de novo.

    ‘(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- Regardless of any other provision in this Act, in each stand and each watershed throughout 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 and watershed throughout each forested area, the Secretary shall prohibit any even-age logging and any even-age management after the date of enactment of this subsection.

    ‘(2) On each site already under even-age management, the Secretary shall (A) prescribe a shift to selection management within one year, 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 or species), 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 ground 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 and passive 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 outside 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 the basal area of a stand be felled within 40 years. The foregoing limitation shall not be deemed to establish a 100-year projected felling age as the standard at which individual trees in a stand are to be cut, nor shall native biodiversity be limited to that which occurs within the context of a 100-year projected felling age.

      ‘(G) The term ‘stand’ means a biological 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 more than one-half of the commercial trees in a patch larger than a group defined in subparagraph (F) or in a stand of any size 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 20 square feet per acre of dead, damaged, or other trees, or any combination of such trees.

      ‘(K) The term ‘seed-tree cut’ means an even-age logging operation that leaves a small minority of seed trees in a stand for any period of time.

      ‘(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 logging operation that leaves a minority (larger than in a seed-tree cut) of the stand as a seed source or protection cover remaining standing for any period of time.

      ‘(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 harmed by a violation of this Act 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.

    ‘(iii) The standard of proof in all actions brought under this subparagraph shall be the preponderance of the evidence and the trial shall be de novo.

    ‘(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. 2694. Conservation of native biodiversity

    ‘(a) CONSERVATION OF NATIVE BIODIVERSITY- Regardless of any other provision in this Act, in each stand and each watershed 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 and watershed throughout each forested area, the Secretary shall prohibit any even-age logging and any even-age management after the date of enactment of this subsection.

    ‘(2) On each site already under even-age management, the Secretary shall (A) prescribe a shift to selection management within one year, 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 or species), 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 ground 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 and passive 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 outside 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 the basal area of a stand be felled within 40 years. The foregoing limitation shall not be deemed to establish a 100-year projected felling age as the standard at which individual trees in a stand are to be cut, nor shall native biodiversity be limited to that which occurs within the context of a 100-year projected felling age.

      ‘(G) The term ‘stand’ means a biological 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 more than one-half of the commercial trees in a patch larger than a group defined in subparagraph (F) or in a stand of any size 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 20 square feet per acre of dead, damaged, or other trees, or any combination of such trees.

      ‘(K) The term ‘seed-tree cut’ means an even-age logging operation that leaves a small minority of seed trees in a stand for any period of time.

      ‘(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 logging operation that leaves a minority (larger than in a seed-tree cut) of the stand as a seed source or protection cover remaining standing for any period of time.

      ‘(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 harmed by a violation of this Act 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.

    ‘(iii) The standard of proof in all actions brought under this subparagraph shall be the preponderance of the evidence and the trial shall be de novo.

    ‘(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:

      ‘2694. Conservation of native biodiversity.’.

SEC. 8. EFFECTIVE DATE.

    (a) IN GENERAL- 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.

    (b) APPLICATION TO EMERGENCY SALVAGE TIMBER SALE PROGRAM- The amendments made by this Act shall apply with respect to any timber salvage sale under section 2001 of Public Law 104-19 (109 Stat. 240) which has not been awarded as of the date of the enactment of this Act, notwithstanding any provision of that section 2001.