[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4549 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4549

To require the Forest Service to meet annual volume targets for timber 
 harvesting in the management of a unit of the National Forest System 
 and to provide for the transfer of such management responsibility to 
   the State in which the unit is located when such targets are not 
               consistently met, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 2014

  Mr. Duffy introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
To require the Forest Service to meet annual volume targets for timber 
 harvesting in the management of a unit of the National Forest System 
 and to provide for the transfer of such management responsibility to 
   the State in which the unit is located when such targets are not 
               consistently met, 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 ``Strong Forests Grow Strong 
Communities Act of 2014''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Annual volume requirement.--
                    (A) In general.--The term ``annual volume 
                requirement'', with respect to a unit of the National 
                Forest System, means a volume of national forest 
                materials no less than 50 percent of the sustained 
                yield of the unit.
                    (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) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Agriculture and the Committee 
                on Natural Resources of the House of Representatives; 
                and
                    (B) the Committee on Agriculture, Nutrition, and 
                Forestry and the Committee on Energy and Natural 
                Resources of the Senate.
            (3) 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)).
            (4) 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).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (6) Sustained yield.--The term ``sustained yield'' means 
        the maximum annual growth potential of the forest calculated on 
        the basis of the culmination of mean annual increment using 
        cubic measurement.
            (7) State.--The term ``State'' includes the Commonwealth of 
        Puerto Rico.

SEC. 3. ANNUAL VOLUME REQUIREMENT.

    (a) Publication.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary shall publish in the Federal 
Register, make available on the website of the Forest Service, and 
submit to the appropriate congressional committees the annual volume 
requirement for each unit of the National Forest System.
    (b) Revision.--Upon publication of the annual volume requirement 
for a unit of the National Forest System under subsection (a), the 
Secretary may not reduce the annual volume requirement for that unit 
without the consent of Congress in a law enacted after the date of the 
enactment of this Act.

SEC. 4. MANAGEMENT OF NATIONAL FOREST SYSTEM LANDS TO SATISFY ANNUAL 
              VOLUME REQUIREMENTS.

    (a) Requirement To Achieve Annual Volume Requirement.--The 
Secretary shall manage the sale of national forest materials in each 
unit of the National Forest System in the manner necessary so that the 
annual volume requirement for that unit is met each calendar year.
    (b) Application of Land and Resource Management Plan.--The 
Secretary may modify the standards and guidelines contained in the land 
and resource management plan for a unit of the National Forest System 
as necessary so as to meet the annual volume requirement for that unit.
    (c) Compliance With Endangered Species Act.--
            (1) Non-jeopardy assessment.--If the Secretary determines 
        that a sale of national forest materials 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 sale is not likely to 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 an endangered or threatened species;
                            (ii) can be implemented in a manner 
                        consistent with the intended purpose of the 
                        sale;
                            (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).

SEC. 5. STATE MANAGEMENT OF NATIONAL FOREST SYSTEM LANDS WHEN ANNUAL 
              VOLUME REQUIREMENTS ARE NOT MET.

    (a) Request by State To Manage Unit.--
            (1) Submission of request; when authorized.--If the 
        Secretary fails to meet the annual volume requirement for a 
        unit of the National Forest System for five calendar years, 
        whether consecutively or over a longer than five-year period, 
        the State in which the unit is located may submit to the 
        Secretary a request to enter into a cooperative agreement with 
        the Secretary for purposes of managing the unit.
            (2) Role of political subdivisions.--A State that 
        undertakes the management of a unit of the National Forest 
        System under this section may conduct such management directly, 
        through an agreement with a political subdivision of the State 
        in which National Forest System lands of that unit are located, 
        or through contracts with third parties.
            (3) Treatment of units located in multiple states.--If a 
        unit of the National Forest System is located in more than one 
        State, a State's request under paragraph (1) shall cover only 
        those National Forest System lands of that unit located in that 
        State.
    (b) Approval of Request.--Not later than 90 days after the date on 
which the Secretary receives the request under subsection (a), the 
Secretary shall approve the request and enter into the cooperative 
agreement unless the Secretary determines that--
            (1) the State has failed to demonstrate that it has 
        sufficient funds to manage the unit of the National Forest 
        System for the production of national forest materials;
            (2) the request is incomplete; or
            (3) the proposed cooperative agreement submitted with the 
        request fails to address all of the items specified in 
        subsection (f).
    (c) Opportunity To Amend Request.--
            (1) Notice of denial.--If the Secretary denies a request 
        received under subsection (a) on the basis of one or more of 
        the reasons authorized by subsection (b), the Secretary shall 
        provide the State with a clear and comprehensive statement of--
                    (A) the reasons why the request was denied; and
                    (B) any deficiencies in the request or the related 
                proposed cooperative agreement.
            (2) Resubmission.--After receiving a notice from the 
        Secretary under paragraph (1), a State may amend and resubmit 
        the denied request.
    (d) Request and Cooperative Agreement Deemed Approved.--If the 
Secretary does not approve or deny a request submitted under subsection 
(a) or (c)(2) within the 90 days after receiving the request, the 
request and the proposed cooperative agreement submitted with the 
request shall be deemed approved.
    (e) Request Contents.--A request submitted under subsection (a) 
shall include--
            (1) a letter signed by the Governor of the State addressed 
        to the Secretary that identifies the unit of the National 
        Forest System that the State will manage for the production of 
        national forest materials;
            (2) the proposed cooperative agreement for State management 
        of the unit;
            (3) the proposed role of political subdivisions of the 
        State in the management of National Forest System lands of the 
        unit located within the political subdivisions; and
            (4) documentation that demonstrates the ability of the 
        State to provide sufficient funds to manage the unit for the 
        duration of the cooperative agreement.
    (f) Elements of Cooperative Agreement.--The cooperative agreement 
entered into by the Secretary and the Governor of a State for the 
management of a unit of the National Forest System shall address the 
following:
            (1) The State's management of the unit after the effective 
        date of the transfer of management to the State for a specified 
        term of years.
            (2) A cost-sharing agreement under which the State will 
        provide a certain amount (equal to not less than 50 percent), 
        in cash or in-kind, of the total amount required for the 
        management of the unit.
            (3) The amount to be contributed by the State shall be 
        determined by the Governor of the State and the Secretary, only 
        after the Secretary submits to the State a categorical 
        assessment of all costs, in the recent past and anticipated 
        during the duration of the cooperative agreement, of managing 
        the unit, including employee salary data.
            (4) In the event of a natural disaster, as categorized by 
        the Federal Emergency Management Agency, the State shall assume 
        authority over recovery initiatives (nullifying any existing 
        established Federal response protocol) so that--
                    (A) the cost of damages to any structure on the 
                unit be shared by both State and Federal entities at a 
                ratio in accordance to the cost-sharing agreement; and
                    (B) the cost and administration of repair of 
                damages resulting from natural disasters, not including 
                structures referred to in subparagraph (A), shall be 
                assumed by the State rather than the Federal 
                Government.
            (5) All revenue accrued from fees, royalties, and other 
        revenues related to the unit shall be distributed to the State 
        and Federal entities in accordance to the percentages dictated 
        by the cost-sharing agreement and shall be used so that the 
        percentage of funds designated to the Federal entity shall be 
        made available to the Secretary for use at the sole discretion 
        of the Secretary.
            (6) The procedures to be followed for purposes of the 
        transition from Federal to State management of the unit, 
        including--
                    (A) a guarantee that all Federal employees managing 
                the unit may remain employed without infringement upon 
                their existing conditions of employment;
                    (B) a guarantee that the State may use its 
                percentage of the amounts required for the management 
                of the unit to hire additional staff whose terms of 
                employment shall be decided by the State; and
                    (C) authority over the unit shall be directed by 
                the State and a State-appointed manager, but the 
                implementation of its directives may include the 
                existing Federal superintendent concerned and performed 
                in conjunction with State employees.
            (7) The transfer to the State of any special use permits 
        issued to the Secretary with respect to the unit.
            (8) A provision stating that lands currently open to 
        mineral entry under the Act of May 10, 1872 (commonly referred 
        to as the General Mining Act of 1872; 30 U.S.C. 22 et seq.), 
        shall remain open to mineral entry under State law unless 
        subsequently changed by a State mineral closing order.
    (g) Applicability of State Law on Qualifying Federal Lands Under 
Cooperative Agreement.--State environmental, wildlife, and land 
management laws shall supercede Federal environmental, wildlife, and 
land management laws on a unit of the National Forest System managed by 
a State under a cooperative agreement in place under this section.
    (h) Ownership.--Notwithstanding State management of a unit of the 
National Forest System under a cooperative agreement entered into under 
this section, the United States shall retain all right, title, and 
interest in and to the National Forest System lands within the unit.
    (i) Termination of Cooperative Agreement.--A cooperative agreement 
applicable under this section shall terminate, at the discretion of the 
Secretary, under the following circumstances:
            (1) The State defaults on a payment, thereby requiring 
        Federal entities to assume responsibility for the financial 
        liabilities.
            (2) The State is in substantial breach of the cooperative 
        agreement as determined by a court of the United States.
            (3) The cooperative agreement terminates under a term 
        contained in that agreement.

SEC. 6. ANNUAL REPORT.

    (a) Report Required.--Not later than 60 days after the end of each 
calendar year, the Secretary shall submit to the appropriate 
congressional committees an annual report specifying--
            (1) the annual volume requirement in effect for that 
        calendar year for each unit of the National Forest System;
            (2) the units that did not meet the annual volume 
        requirement;
            (3) the units under State management pursuant to section 5;
            (4) the volume of board feet actually harvested for each 
        unit;
            (5) the average cost of preparation for sales of national 
        forest materials; and
            (6) the revenues generated from such sales.
    (b) Form of Report.--In addition to submitting each report to 
Congress, the Secretary shall also make the report available on the 
website of the Forest Service.
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