To provide for the reforestation of appropriate forest cover on forest land derived from the public domain, and for other purposes.

July 21, 2004

Mr. SMITH introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

To provide for the reforestation of appropriate forest cover on forest land derived from the public domain, 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 `National Reforestation Act of 2004'.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS- Congress finds that--

(1) the forest land derived from the public domain should be maintained in appropriate forest cover with species of trees, degree of stocking, rate of growth, and conditions of stand designed to secure the maximum benefits of multiple use sustained yield management;

(2) recent intense or stand replacing wildfires and other natural disasters, including drought and insect infestations, have destroyed forest ecosystems and eliminated sources of tree seed for desired species, which has delayed or precluded the reestablishment of appropriate forest cover on millions of acres of forest land derived from the public domain;

(3) reforestation treatments on forest land derived from the public domain after a wildfire or nonfire natural disturbance event restore appropriate forest cover, which provides multiple renewable resource benefits, including--

(A) protecting soil and water resources;

(B) providing habitat for wildlife and fish populations;

(C) contributing to aesthetics;

(D) enhancing the recreational experience;

(E) providing a source of wood fiber for domestic use; and

(F) ensuring the health and resiliency of affected ecosystems for present and future generations;

(4) post-fire and natural disaster reforestation needs should be accomplished quickly and in accordance with applicable forest land management plans to achieve desired forest conditions at the least cost to other renewable resources values, such as--

(A) the loss of wildlife habitat;

(B) soil erosion; and

(C) water quality degradation;

(5) greater resources are needed to meet reforestation needs on forest land derived from the public domain because of--

(A) damage from wildfire, disease, and insect infestation; and

(B) declining revenues; and

(6) reforestation needs represent over 5 years of reforestation work at current levels of reforestation, with a backlog of needs accumulating each year.

(b) PURPOSES- The purposes of this Act are to--

(1) provide increased funding for the reforestation of appropriate forest cover on forest land derived from the public domain; and

(2) promote timely reforestation treatment.

SEC. 3. TRANSFERS TO TRUST FUND.

Section 303(b)(2) of Public Law 96-451 (16 U.S.C. 1606a(b)(2)) is amended by striking `$30,000,000' and inserting `$90,000,000'.

SEC. 4. OBLIGATIONS FROM TRUST FUND.

Section 303(d) of Public Law 96-451 (16 U.S.C. 1606a(d)) is amended--

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;

(2) by striking the `The Secretary of Agriculture' and inserting the following:

`(2) REFORESTATION AND TIMBER STAND IMPROVEMENTS- The Secretary of Agriculture';

(3) by inserting before paragraph (2) (as designated by paragraph (2)) the following:

`(1) DEFINITIONS- In this paragraph:

`(A) APPROPRIATE FOREST COVER- The term `appropriate forest cover' means the species of trees, the degree of stocking, the rate of growth, and the conditions of a stand designed to secure the maximum benefits of multiple use sustained yield management.

`(B) MODERATE FIRE INTENSITY AREA- The term `moderate fire intensity area' means a burned area, with respect to which the Secretary of Agriculture has determined that--

`(i) factors indicate a high intensity burn has occurred on less than 40 percent of the burned area; and

`(ii) the burned area may--

`(I) be a potential flood source;

`(II) contain water-repellent soils; or

`(III) yield abnormally high overland runoff.

`(C) HIGH FIRE INTENSITY AREA- The term `high fire intensity area' means a burned area, with respect to which the Secretary of Agriculture has determined that--

`(i) the factors indicate a high-intensity burn has occurred on 40 percent or more of the burned area; and

`(ii) the burned area is a potential flood source.

`(D) NONFIRE NATURAL DISTURBANCE EVENT- The term `nonfire natural disturbance event' means an event that the Secretary of Agriculture has determined--

`(i) is a result of insect or disease infestation, storm damage, or other natural occurrences; and

`(ii) requires reforestation treatment to restore appropriate forest cover.'.

(4) in paragraph (2) (as designated by paragraph (2))--

(A) in subparagraph (A) (as redesignated by paragraph (1))--

(i) by inserting `, subject to subparagraph (B),' after `reforestation'; and

(ii) by striking `and' at the end;

(B) by redesignating subparagraph (B) (as redesignated by paragraph (1)) as subparagraph (C); and

(C) by inserting after subparagraph (A) (as redesignated by paragraph (1)) the following:

`(B) reforestation treatment to restore appropriate forest cover on forest land derived from the public domain that is capable of growing trees and that is a moderate fire intensity area or high fire intensity area or that has been severely affected by a nonfire natural disturbance event, if--

`(i) the need for the reforestation treatment is identified in the report submitted to Congress under section 3(e)(1) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(e)(1)); and

`(ii) the reforestation treatment occurs within 5 years of--

`(I) if there is no harvest activity following the wildfire or the nonfire natural disturbance event, a wildfire or a nonfire natural disturbance event;

`(II) if a regeneration harvest is the final cut in a stand in a disturbed area, the regeneration harvest; or

`(III) if a salvage harvest is the final cut in a stand in a disturbed area, the salvage harvest; and'; and

(5) by adding at the end the following:

`(3) COLLEGES AND UNIVERSITIES- In addition to amounts authorized under paragraph (2), the Secretary of Agriculture may obligate up to 10 percent of the sums the Secretary expends annually from the Trust Fund to supplement expenditures of the Forest Service to enter into cooperative agreements with colleges and universities (including forestry schools, land grant colleges and universities, 1890 Institutions, and Tuskegee University) to conduct research to promote or enhance reforestation.'.

SEC. 5. TECHNICAL AMENDMENT.

Section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601) is amended--

(1) by redesignating subsection (e) as subsection (f); and

(2) by redesignating the second subsection (d) as subsection (e).

END