Hawaii Tropical Forest Recovery Act (Public Law 102-574)

(a) IN GENERAL.—^The International Forestry Cooperation Act of 1990 (16 U.S.C. 4501 et seq.) is amended— (1) by redesignating sections 605, 606, and 607 as sections 16 use 4504, 609, 610, and 611, respectively; and 4505. (2) by inserting after section 604 the following new sections: "SEC. 605. INSTITUTE OF PACIFIC ISLANDS FORESTRY. 16 USC 4503a. "(a) EXPANSION.—The Secretary shall expand the capabilities of and construct additional facilities, as funds are appropriated for the expansion and construction, at— "(1) the Institute of Pacific Islands Forestry; and "(2) tropical forests in the State of Hawaii.

**(b) TROPICAL FORESTRY PLAN.— "(1) IN GENERAL.—^Not later than 1 year after the date of receipt by the Secretary of the action plan required by section 5(b) of the Hawaii Tropical Forest Recovery Act, the Secretary shall prepare and submit to the Committee on Agri- culture and the Cfommittee on Interior and Insular Affairs of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and to the Committees on Appropriations of the House of Representatives and Senate, a tropical forestry plan to expand the capabilities of and con- struct additional facilities under subsection (a). "(2) ELEMENTS.^The plan shall provide for— "(A) the establishment of a model center for research, demonstration, education, training, and outreach activities suitable for transferring scientific, technical, managerial, and administrative assistance to governmental and non- governmental organizations seeking to address problems associated with tropical forests within and outside the United States; "(B) the acquisition or construction of facilities for research, classroom instruction, and housing near an experimental tropical forest in the State of Hawaii; "(C) the acquisition or construction of facilities for the study and recovery of endangered tropical wildlife, fish, and plant species and the restoration of their habitats; "(D) the study of biological control of non-native species that degrade or destroy native forest ecosystems; 106 STAT. 4594 PUBLIC LAW 102-574—OCT. 29, 1992 "(E) achieving a better understanding of global climate change and the significance of achieving a reduction of greenhouse gases through research associated with the unique atmospheric conditions found in Hawaii and the Pacific Ocean; "(F) a review of the extent to which existing Federal forestry programs c£ui be utilized to achieve the purposes of the plan; and "(G) the establishment of experimental tropical forests in the State of Hawaii as authorized by section 606. "(3) CAPABILITY.—In preparing elements of the plan that address paragraph (2)(F), the Secretary shedl identify the capability of the plan— "(A) to promote a greater understanding of tropical forest ecosystem processes, conservation biology, and biodiversity management; "(B) to demonstrate the various benefits of maintaining a tropical forest reserve system; "(C) to promote sound watershed and forest manage- ment; "(D) to develop compatible land uses adjacent to pro- tected natural areas; and "(E) to develop new methods of reclaiming and restor- ing degraded lands. 16 u s e 4503b. "SEC. 606. HAWAII EXPERIMENTAL TROPICAL FOREST. "(a) DEFINITIONS.—^As used in this section: "(1) FOREST.—The term'Forest'means the Hawaii Experi- mental Tropical Forest. "(2) GOVERNOR.—^The term 'Grovemor' means the Governor of Hawaii. "(3) LANDS.—^The term 'lands' means lands, waters, and interests in lands and waters. "(4) STATE.—^The term 'State' means the State of Hawaii. "(b) ESTABLISHMENT AND MANAGEMENT.—At the request of the Gx)vemor, the Secretary shall establish and administer within the State a Hawaii Experimental Tropical Forest. The Forest shall be managed as— "(1) a model of quality tropical forest meuiagement where harvesting on a sustainable yield basis can be demonstrated in balance with natural resource conservation; "(2) a site for research on tropical forestry, conservation biology, and natural resource management; and "(3) a center for demonstration, education, training, and outreach on tropical forestry, conservation biology, and natural resources research and management, "(c) DELINEATION OF THE LOCATION OF THE FOREST.— "(1) IDENTIFICATION OF LANDS.—The Governor and the Sec- retary shall identify one or more suitable sites for the Forest in lands within the State. The identification of each site shall be based on scientific, ecological, administrative, and such other factors as the (jovemor and Secretary consider to be necessary or desirable to achieve the purposes of this section. Each site identified pursuant to the preceding sentence shall be of suffi- cient size and located so that the site can be effectively managed for Forest purposes. PUBLIC LAW 102-574—OCT. 29,1992 106 STAT. 4595 "(2) EXTERIOR BOUNDARIES.—The exterior boundaries of the Forest, including the boundaries of all sites identified for Forest purposes, shall be delineated on an official map. The map Public shall be available for public inspection in the office of the info"na*">n- Administrator of the Division of Forestry and Wildlife of the Department of Land and Natural Resources of the State. The Grovemor and the Secretary may from time to time, by mutual agreement, amend the official map to modify the boundaries of the Forest. "(d) AUTHORITIES OF THE SECRETARY.— "(1) IN GENERAL.—^To carry out the puTposes of this section, the Secretary is authorized— "(A) to administer the Forest in cooperation with the Governor and affected State agencies; "(B) to make grants and enter into contracts and cooperative agreements with the Federal Grovemment, the government of the State, local governments, corporations, nonprofit organizations and individuEils; "(C) to exercise existing authority with respect to cooperative forestry and research for Forest purposes; and "(D) to issue necessary rules and regulations or apply existing rules and regulations applicable to areas adminis- tered by the Forest Service that are necessary or desirable to administer the Forest— "(i) for the purposes described in subsection (b); "(ii) to protect persons within the Forest; and "(iii) to preserve and protect the resources in the Forest. "(2) LAND ACQLIISITION.—The authority in section 4 of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1643) shall be available to the Secretary to carry out this section. "(3) STATUTORY CONSTRUCTION.—Nothing in this section is intended to affect the jurisdiction of the State, both civil and criminal, over any person within the Forest by reason of the establishment of the Forest under this section, except in the case of a penalty for an offense against the United States. "SEC. 607. ANNUAL REPORT ON INSTITUTES OF TROPICAL FORESTRY. 16 USC 4503c. "The Secretary shall make annual reports to Congress on the progress, needs, and long-range plans of the Institutes of Tropical Forestry in meeting the requirements of section 2407 of the Global CUmate Change Prevention Act of 1990 (7 U.S.C. 6706). Such reports shall be submitted by the Secretary pursuant to section 8(c) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1606(c)). '<SEC. 608. DEFINITIONS. 16 u s e 4503d. "As used in this title (imless the context otherwise requires): "(1) INSTITUTES O F TROPICAL FORESTRY.—-The term 'Institutes of Tropical Forestry^ means the Institute of Tropical Forestry in Puerto Rico and the Institute of Pacific Islands Forestry established under section 2407 of the Food, Agri- culture, Conservation, and Trade Act of 1990 (7 U.S.C. 6706). "(2) SECRETARY.—^The term 'Secretary* means the Secretary of Agricultiire. 106 STAT. 4596 PUBLIC LAW 102-574—OCT. 29, 1992 "(3) STATE.—The term 'State' means each of the 50 States, Guam, American Samoa, the RepubUc of Palau (until the Com- pact of Free Association enters into effect), Puerto Rico, the Virgin Islands, and the Commonwealth of the Northern Mari- ana Islands.", (b) CONFORMING AMENDMENTS.— (1) Section 602(b) of the International Forestry Cooperation Act of 1990 (16 U.S.C. 4501(b)) is amended by striking "(herein- after referred to in this title as the Secretary)". (2) The heading of section 604 of such Act (16 U.S.C. 4503) is amended to read as follows: "SEC. 604. INSTITUTE OF TROPICAL FORESTRY IN PUERTO mCO.". 16 u s e 4502a. SEC. 3. TROPICAL FORESTRY RESEARCH AND ASSISTANCE. (a) ASSISTANCE.—^To promote sound management and con- servation of tropical forests of the United States and to promote the development and transfer of technical, managerial, educational, and administrative skills to managers of tropical forests within or outside the United States, the Secretary of-^riculture is author- ized to provide assistance through the Forest Service to eligible entities in States with tropical forests to— (1) develop, promote, and demonstrate sustainable harvest- ing of native woods and other forest products on a sustainable jdeld basis in balance with natural resource conservation; (2) promote habitat preservation and species protection or recovery; (3) protect indigenous plant and animal species and essen- tial watersheds from non-native animals, plants, and patho- gens; (4) establish biological control agents for non-native species that threaten natural ecosystems; (5) establish a monitoring system in tropical forests to identify baseline conditions and determine detrimental changes or improvements over time; (6) detect and appraise stresses affecting tropical forests caused by insect infestations, diseases, pollution, fire, and non- native animal and plant species, and by the influence of people; (7) determine the causes of changes that are detected through experimentation, intensive monitoring, and data collec- tion at affected tropical forest sites; and (8) engage in research, demonstration, education, training, and outreach that furthers the objectives of this subsection. (b) FORM OF ASSISTANCE.—^Assistsuice provided to eligible enti- ties under this section may be in the form of grants, contracts, or cooperative agreements.

(c) DEFINITIONS.—^As used in this section: ' ' (1) ELIGIBLE ENTITY.—The term "eligible entity" means a State forester or equivalent State official, State, political sub- division of a State, Federal agency, private organization, cor- poration, or other private person. (2) STATE.—The term "State" means each of the 50 States, Guam, American Samoa, the Republic of Palau (until the Com- pact of Free Association enters into effect), Puerto Rico, the Virgin Islands, and the Commonwealth of the Northern Mari- ana Islands. PUBLIC LAW 102-574—OCT. 29, 1992 106 STAT. 4597 SEC. 4. HAWAII TROPICAL FOREST RECOVERY TASK FORCE. 16 USC 4503a. (a) ESTABLISHMENT.—There is established the Hawaii Tropical Forest Recovery Task Force (hereafter in this section referred to as the "Task Force") to advise the Secretary of Agriculture with respect to tropical forests and related ecosystems in the State of Hawaii. (b) ACTION PLAN.—Not later than 1 year after the date of the first meeting of the Task Force, the Task Force shall submit to the Committees, Secretaries, and Governor referred to in sub- section (k) an action plan that contains findings and rec- ommendations for rejuvenating Hawaii's tropical forests, including findings and recommendations on— (1) methods of restoring the health of declining or degraded tropical forest land; (2) compatible uses within tropical forests, particularly agroforestry and the cultivation of scarce or valuable hardwoods and other forest products in Hawaii's tropical forests; (3) actions to encourage and accelerate the identification and classification of unidentified plant, Einimal, and microbe species; (4) actions to— (A) promote public awareness of tropical forest preservation; (B) protect threatened and endangered species; (C) improve forest management and planning; and (D) promote public awareness of the harm caused by introduced species; (5) the benefits of fencing or other m£inagement activities for the protection of Hawaii's native plants and animals from non-native species, including the identification and priorities for the areas where these activities are appropriate; (6) traditional practices, uses, £ind needs of native Hawai- ians in tropical forests; (7) means of improving the health of tropical forests and related ecosystems in the State of Hawaii through programs administered by the Secretary of Agriculture and the Secretary of the Interior; (8) the capability of existing Federal, State, and private forestry programs for rejuvenating Hawaii's tropical forests; and (9) such other issues relating to tropical forests in Hawaii as the Task Force considers appropriate. (c) COMPOSITION.—The Task Force shall be composed of 12 members, of whom— (1) three members shall be appointed by the Secretary of Agriculture, two of whom shall be representatives of the Forest Service and the Soil Conservation Service, respectively; (2) two members shall be appointed by the Secretary of the Interior as representatives of the United States Fish and Wildlife Service and the National Park Service, respectively; (3) six members shall be appointed by the Governor of Hawaii, of whom— (A) two members shall be private owners of tropical forest lands; (B) two members shall be experts in the field of tropical forestry; and 106 STAT. 4598 PUBLIC LAW 102-574—OCT. 29, 1992 (C) two members shall be representatives of Hawaii conservation organizations that have demonstrated exper- tise in the areas of tropical forest management, habitat preservation, and alien species control or have dem- onstrated effective advocacy in the areas; and (4) one member shall be tne Administrator of the Depart- ment of Land and Natural Resources, State of Hawaii, or the designated representative of the Administrator.

(d) INITIAL APPOINTMENTS.—^Appointments under this section to the Task Force shall be made not later than 90 days after the date of enactment of this Act.

(e) CHAIRPERSON.—^The Task Force shall select a Chairperson from among its members.

(f) VACANCIES.—A vacancy on the Task Force shall not affect its powers and shall be filled in the same manner as the original appointment.

(g) COMPENSATION.— (1) I N GENERAL.—^A member of the Task Force shall not receive compensation as a result of the performance of services for the Task Force. (2) TRAVEL EXPENSES.—The members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Task Force.

(h) MEETINGS.—The Task Force shall meet not later than 180 days after the date of enactment of this Act and shall meet at the call of the Chairperson.

(i) VOTING.—^The Task Force shall act and advise by majority vote.

(j) ASSISTANCE.—^The Secretary of Agriculture and the Secretary of the Interior shall provide such assistance and support as are necessary to meet the objectives of the Task Force. The assistance shall include making Federal facilities, equipment, tools, and tech- nical assistance available on such terms and conditions as the appropriate Secretary considers necessary.

(k) REPORT.—^The action plan required under subsection (b) shall be submitted to— (1) the Committees on Agriculture and Interior of the House of Representatives; (2) the Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of the Senate; (3) the Secretary of Agriculture; (4) the Secretary of the Interior; and (5) the Grovemor of Hawedi. (1) NONAPPLICABILITY OF CERTAIN PROVISIONS OF LAW.—Sec- tions 7(d), 10(f), and 14 of the Federal Advisory Committee Act (5 U.S.C. App. 2) shall not apply to the Task Force. PUBLIC LAW 102-574—OCT. 29,1992 106 STAT. 4599 (m) TERMINATION.—The Task Force and authority to carry out this section shaJl terminate 180 days after submitting the report required by subsection (b). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 16 USC 4502a There are authorized to be appropriated such svuns as are necessary to carry out sections 3 and 4. Approved October 29,1992. LEGISLATIVE HISTORY—S. 2679: CONGRESSIONAL RECORD, Vol. 138 (1992): Sept. 30, considered and passed Senate. Oct. 2, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): Oct. 29, Firesidential statement. o