109th CONGRESS
2d Session

H. R. 5760

To fulfill President Clinton's commitments made as part of the designation of the Giant Sequoia National Monument by presidential proclamation to provide a transition from the timber sale program in effect before the designation to the more restrictive management anticipated for the national monument, to promote the Kings River Research Project in the Sierra National Forest, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

July 11, 2006

Mr. NUNES introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Resources, 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 fulfill President Clinton's commitments made as part of the designation of the Giant Sequoia National Monument by presidential proclamation to provide a transition from the timber sale program in effect before the designation to the more restrictive management anticipated for the national monument, to promote the Kings River Research Project in the Sierra National Forest, 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 `Giant Sequoia National Monument Transition Act of 2006'.

SEC. 2. RATIFICATION OF GIANT SEQUOIA NATIONAL MONUMENT TRANSITIONAL TIMBER SALE PROGRAM.

    (a) Completion of Timber Sales Recognized in Designation Proclamation- The Secretary of Agriculture may proceed with and complete each timber sale located within the boundaries of the Giant Sequoia National Monument--

      (1) that was under contract as of April 15, 2000, the date of the designation of the national monument by Presidential Proclamation No. 7295 (65 Fed. Reg. 24095); or

      (2) for which a decision notice was signed after January 1, 1999, but prior to December 31, 1999.

    (b) Completion Terms- Completion of a timber sale described in subsection (a) shall be consistent with the terms of the applicable contract or decision notice, and nothing in such contract terms or decision notice shall be considered to be arbitrary or capricious under any provision of law so long as trees greater than 30 inches in diameter at breast height are not harvested for other than safety reasons, as determined by the Secretary. Modification or amendment of any of the timber sale contract terms or decision notices shall not be required.

    (c) Prompt Implementation- Effective upon the date of the enactment of this Act, implementation of the timber sales described in subsection (a) may proceed immediately and to completion, notwithstanding any previous or future amendments or revisions to the Sequoia Land and Resource Management Plan or the Giant Sequoia National Monument Management Plan.

SEC. 3. KINGS RIVER RESEARCH PROJECT, SIERRA NATIONAL FOREST.

    (a) Redesignation of Existing Demonstration Project- The Secretary of Agriculture shall designate the Kings River Demonstration Project in the Sierra National Forest as the `Kings River Research Project' as a means to address disputes over fuels reduction projects and the short-term and long-term benefits and impacts related to wildlife, watershed, and other resources.

    (b) Research Purposes- Under the Kings River Research Project, the Secretary shall provide for research about the potential short-term and long-term positive and negative impacts of fuels reduction and forest health treatments on the Pacific fisher, California spotted owl, and the Kings River watershed, including impacts from prescribed burning, uneven-aged timber harvest, and possible catastrophic wildfire.

    (c) Implementation- To expedite implementation of the Kings River Research Project, the Secretary shall complete the final environmental impact statement and issue the record of decision for the Project not later than October 31, 2006.

    (d) Compliance- Because of unnaturally heavy fuel loads and the importance of promptly furthering the understanding of the relationship between vegetation management and the impacts on other resources, the final environmental impact statement and record of decision for the Kings River Research Project, along with all actions implementing the Project, including any research, stewardship contracts, vegetation management projects, and timber sales, shall be deemed to be in compliance with the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.), and other applicable environmental laws, so long as any timber removed under the Project is removed using uneven-aged silvicultural treatments.

END