[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1526 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1526

To restore employment and educational opportunities in, and improve the 
economic stability of, counties containing National Forest System land, 
 while also reducing Forest Service management costs, by ensuring that 
such counties have a dependable source of revenue from National Forest 
   System land, to provide a temporary extension of the Secure Rural 
  Schools and Community Self-Determination Act of 2000, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2013

  Mr. Hastings of Washington (for himself, Mrs. McMorris Rodgers, Ms. 
     Herrera Beutler, Mr. Ribble, Mr. LaMalfa, Mr. McClintock, Mr. 
  Southerland, Mr. Daines, Mr. Thompson of Pennsylvania, Mr. Young of 
 Alaska, Mr. Griffith of Virginia, Mr. Gosar, Mr. Gohmert, Mr. Pearce, 
  Mr. Bishop of Utah, and Mrs. Lummis) introduced the following bill; 
which was referred to the Committee on Agriculture, and in addition to 
  the Committee on Natural 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 restore employment and educational opportunities in, and improve the 
economic stability of, counties containing National Forest System land, 
 while also reducing Forest Service management costs, by ensuring that 
such counties have a dependable source of revenue from National Forest 
   System land, to provide a temporary extension of the Secure Rural 
  Schools and Community Self-Determination Act of 2000, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Restoring Healthy 
Forests for Healthy Communities Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Establishment of Forest Reserve Revenue Areas and annual volume 
                            requirements.
Sec. 4. Management of Forest Reserve Revenue Areas.
Sec. 5. Distribution of forest reserve revenues.
Sec. 6. Extension of Secure Rural Schools and Community Self-
                            Determination Act of 2000 pending full 
                            operation of Forest Reserve Revenue Areas.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Annual volume requirement.--
                    (A) In general.--The term ``annual volume 
                requirement'', with respect to a Forest Reserve Revenue 
                Area, means a volume of national forest materials no 
                less than 50 percent of the sustained yield of the 
                Forest Reserve Revenue Area.
                    (B) Exclusions.--In determining the volume of 
                national forest materials or the sustained yield of a 
                Forest Reserve Revenue Area, the Secretary may not 
                include non-commercial post and pole sales and personal 
                use firewood.
            (2) Beneficiary county.--The term ``beneficiary county'' 
        means a political subdivision of a State that, on account of 
        containing National Forest System land, was eligible to receive 
        payments through the State under title I of the Secure Rural 
        Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
        7111 et seq.).
            (3) Catastrophic event.--The term ``catastrophic event'' 
        means an event (including severe fire, insect or disease 
        infestations, windthrow, or other extreme weather or natural 
        disaster) that the Secretary determines will cause or has 
        caused substantial damage to National Forest System land or 
        natural resources on National Forest System land.
            (4) Community wildfire protection plan.--The term 
        ``community wildfire protection plan'' has the meaning given 
        that term in section 101 of the Healthy Forests Restoration Act 
        of 2003 (16 U.S.C. 6511).
            (5) Covered forest reserve project.--The terms ``covered 
        forest reserve project'' and ``covered project'' mean a project 
        involving the management or sale of national forest materials 
        within a Forest Reserve Revenue Area to generate forest reserve 
        revenues and achieve the annual volume requirement for the 
        Forest Reserve Revenue Area.
            (6) Forest reserve revenue area.--
                    (A) In general.--The term ``Forest Reserve Revenue 
                Area'' means National Forest System land in a unit of 
                the National Forest System designated for sustainable 
                forest management for the production of national forest 
                materials and forest reserve revenues.
                    (B) Inclusions.--Subject to subparagraph (C), but 
                otherwise notwithstanding any other provision of law, 
                including executive orders and regulations, the 
                Secretary shall include in Forest Reserve Revenue Areas 
                all National Forest System lands identified as 
                commercial forest land capable of producing twenty 
                cubic feet of timber per acre.
                    (C) Exclusions.--A Forest Reserve Revenue Area may 
                not include National Forest System land--
                            (i) that is a component of the National 
                        Wilderness Preservation System; or
                            (ii) on which the removal of vegetation is 
                        specifically prohibited by Federal statute.
            (7) Forest reserve revenues.--The term ``forest reserve 
        revenues'' means revenues derived from the sale of national 
        forest materials in a Forest Reserve Revenue Area.
            (8) National forest materials.--The term ``national forest 
        materials'' has the meaning given that term in section 14(e)(1) 
        of the National Forest Management Act of 1976 (16 U.S.C. 
        472a(e)(1)).
            (9) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)), except that the term does not include 
        the National Grasslands and land utilization projects 
        designated as National Grasslands administered pursuant to the 
        Act of July 22, 1937 (7 U.S.C. 1010-1012).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (11) Sustained yield.--The term ``sustained yield'' means 
        the annual growth of the forest calculated on the basis of the 
        culmination of mean annual increment using cubic measurement or 
        other methods at the sole discretion of the Secretary.
            (12) State.--The term ``State'' includes the Commonwealth 
        of Puerto Rico.
            (13) 25-percent payment.--The term ``25-percent payment'' 
        means the payment to States required by the sixth paragraph 
        under the heading of ``FOREST SERVICE'' in the Act of May 23, 
        1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act 
        of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).

SEC. 3. ESTABLISHMENT OF FOREST RESERVE REVENUE AREAS AND ANNUAL VOLUME 
              REQUIREMENTS.

    (a) Establishment of Forest Reserve Revenue Areas.--Not later than 
60 days after the date of enactment of this Act, the Secretary shall 
establish one or more Forest Reserve Revenue Areas within each unit of 
the National Forest System.
    (b) Purpose.--The purpose of a Forest Reserve Revenue Area is to 
provide a dependable source of 25-percent payments and economic 
activity for each beneficiary county containing National Forest System 
land.
    (c) Fiduciary Responsibility.--The Secretary shall have a fiduciary 
responsibility to beneficiary counties to manage Forest Reserve Revenue 
Areas to satisfy the annual volume requirement.
    (d) Determination of Annual Volume Requirement.--Not later than 30 
days after the date of the establishment of a Forest Reserve Revenue 
Area, the Secretary shall determine the annual volume requirement for 
that Forest Reserve Revenue Area.
    (e) Limitation on Reduction of Forest Reserve Revenue Areas.--Once 
a Forest Reserve Revenue Area is established under subsection (a), the 
Secretary may not reduce the number of acres of National Forest System 
land included in that Forest Reserve Revenue Area.
    (f) Map.--The Secretary shall provide a map of all Forest Reserve 
Revenue Areas established under subsection (a) for each unit of the 
National Forest System to--
            (1) the Committee on Agriculture and the Committee on 
        Natural Resources of the House of Representatives; and
            (2) the Committee on Agriculture, Nutrition, and Forestry 
        and the Committee on Energy and Natural Resources of the 
        Senate.
    (g) Recognition of Valid and Existing Rights.--Neither the 
establishment of Forest Reserve Revenue Areas under subsection (a) nor 
any other provision of this Act shall be construed to limit or 
restrict--
            (1) access to National Forest System land for hunting, 
        fishing, recreation, and other related purposes; or
            (2) valid and existing rights regarding National Forest 
        System land, including rights of any federally recognized 
        Indian tribe.

SEC. 4. MANAGEMENT OF FOREST RESERVE REVENUE AREAS.

    (a) Requirement To Achieve Annual Volume Requirement.--Effective 
for fiscal year 2014 and each fiscal year thereafter, the Secretary 
shall manage each Forest Reserve Revenue Area in the manner necessary 
to achieve the annual volume requirement for the Forest Reserve Revenue 
Area. The Secretary is authorized and encouraged to commence covered 
forest reserve projects as soon as practicable after the date of the 
enactment of this Act to begin generating forest reserve revenues.
    (b) Standards for Projects Within Forest Reserve Revenue Areas.--
The Secretary shall conduct covered forest reserve projects within 
Forest Reserve Revenue Areas in accordance with this section, which 
shall serve as the sole means by which the Secretary will comply with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) 
and other laws applicable to the covered projects.
    (c) Environmental Analysis Process for Projects in Forest Reserve 
Revenue Areas.--
            (1) Environmental assessment.--The Secretary shall give 
        published notice and complete an environmental assessment 
        pursuant to section 102(2) of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4332(2)) for a covered forest reserve 
        project proposed to be conducted within a Forest Reserve 
        Revenue Area, except that the Secretary is not required to 
        study, develop, or describe any alternative to the proposed 
        agency action.
            (2) Cumulative effects.--The Secretary shall consider 
        cumulative effects solely by evaluating the impacts of a 
        proposed covered forest reserve project combined with the 
        impacts of any other projects that were approved with a 
        Decision Notice or Record of Decision before the date on which 
        the Secretary published notice of the proposed covered project. 
        The cumulative effects of past projects may be considered in 
        the environmental assessment by using a description of the 
        current environmental conditions.
            (3) Length.--The environmental assessment prepared for a 
        proposed covered forest reserve project shall not exceed 100 
        pages in length. The Secretary may incorporate in the 
        environmental assessment, by reference, any documents that the 
        Secretary determines, in the sole discretion of the Secretary, 
        are relevant to the assessment of the environmental effects of 
        the covered project.
            (4) Deadline for completion.--The Secretary shall complete 
        the environmental assessment for a covered forest reserve 
        project within 180 days after the date on which the Secretary 
        published notice of the proposed covered project.
            (5) Categorical exclusion.--A covered forest reserve 
        project that is proposed in response to a catastrophic event, 
        is identified within a community wildfire protection plan, or 
        that covers an area of 10,000 acres or less shall be 
        categorically excluded from the requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
    (d) Application of Land and Resource Management Plan.--A covered 
forest reserve project shall be implemented consistent with the 
standards and guidelines contained in the land and resource management 
plan for the unit of the National Forest System in which the covered 
project will be carried out, except that--
            (1) section 6(g)(3)(E)(iv) of the Forest and Rangeland 
        Renewable Resources Planning Act of 1974 (16 U.S.C. 
        1604(g)(3)(E)(iv)) shall not apply; and
            (2) the Secretary may comply with section 14(g) of the 
        National Forest Management Act of 1976 (16 U.S.C. 472(a)(g)) by 
        using designation-by-prescription.
    (e) Compliance With Endangered Species Act.--
            (1) Non-jeopardy assessment.--If the Secretary determines 
        that a concern exists that a proposed covered forest reserve 
        project may affect the continued existence of any species 
        listed as endangered or threatened under section 4 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1533), the Secretary 
        shall issue a determination explaining the view of the 
        Secretary that the proposed covered project will not jeopardize 
        the continued existence of the species.
            (2) Submission, review, and response.--
                    (A) Submission.--The Secretary shall submit a 
                determination issued by the Secretary under paragraph 
                (1) to the Secretary of the Interior or the Secretary 
                of Commerce, as appropriate.
                    (B) Review and response.--Within 30 days after 
                receiving a determination under subparagraph (A), the 
                Secretary of the Interior or the Secretary of Commerce, 
                as appropriate, shall provide a written response to the 
                Secretary concurring in or rejecting the Secretary's 
                determination. If the Secretary of the Interior or the 
                Secretary of Commerce rejects the determination, the 
                written response shall include recommendations for 
                measures that--
                            (i) will avoid the likelihood of jeopardy 
                        to, or adverse modification of the habitat of, 
                        an endangered or threatened species;
                            (ii) can be implemented in a manner 
                        consistent with the intended purpose of the 
                        covered forest reserve project;
                            (iii) can be implemented consistent with 
                        the scope of the Secretary's legal authority 
                        and jurisdiction; and
                            (iv) are economically and technologically 
                        feasible.
            (3) Formal consultation.--If the Secretary of the Interior 
        or the Secretary of Commerce rejects a determination issued by 
        the Secretary under paragraph (1), the Secretary of the 
        Interior or the Secretary of Commerce also is required to 
        engage in formal consultation with the Secretary. The 
        Secretaries shall complete such consultation pursuant to 
        section 7 of the Endangered Species Act of 1973 (16 U.S.C. 
        1536) within 90 days after the submission of the written 
        response under paragraph (2).
    (f) Administrative and Judicial Review.--
            (1) Administrative review.--Administrative review of a 
        covered forest reserve project shall occur only in accordance 
        with the special administrative review process established 
        under section 105 of the Healthy Forests Restoration Act of 
        2003 (16 U.S.C. 6515).
            (2) Judicial review.--
                    (A) In general.--Judicial review of a covered 
                forest reserve project shall occur in accordance with 
                section 106 of the Healthy Forests Restoration Act of 
                2003 (16 U.S.C. 6516).
                    (B) Bond required.--A plaintiff challenging a 
                covered forest reserve project shall be required to 
                post a bond or other security acceptable to the court 
                for the reasonably estimated costs, expenses, and 
                attorneys fees of the Secretary as defendant. All 
                proceedings in the action shall be stayed until the 
                security is given. If the plaintiff has not complied 
                with the order to post such bond or other security 
                within 90 days after the date of service of the order, 
                then the action shall be dismissed with prejudice.
                    (C) Recovery.--If the Secretary prevails in the 
                case, the Secretary shall submit to the court a motion 
                for payment of all litigation expenses.

SEC. 5. DISTRIBUTION OF FOREST RESERVE REVENUES.

    Forest reserve revenues generated by a covered forest reserve 
project shall be used by the Secretary--
            (1) to make deposits into the fund established under 
        section 3 of the Act of June 9, 1930 (16 U.S.C. 576b; commonly 
        known as the Knutson-Vandenberg Fund) and the fund established 
        under section 14(h) of the National Forest Management Act of 
        1976 (16 U.S.C. 472a(h); commonly known as the salvage sale 
        fund) in contributions equal to the monies otherwise collected 
        under those Acts for projects conducted on National Forest 
        System land; and
            (2) to make 25-percent payments to States for the benefit 
        of beneficiary counties.

SEC. 6. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
              DETERMINATION ACT OF 2000 PENDING FULL OPERATION OF 
              FOREST RESERVE REVENUE AREAS.

    The Secure Rural Schools and Community Self-Determination Act of 
2000 (16 U.S.C. 7101 et seq.) is amended--[to be supplied]
                                 <all>