[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1966 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 1966

To provide for the restoration of the economic and ecological health of 
   National Forest System land and rural communities, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2014

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

_______________________________________________________________________

                                 A BILL


 
To provide for the restoration of the economic and ecological health of 
   National Forest System land and rural communities, 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 ``National Forest 
Jobs and Management Act of 2014''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Projects in Forest Management Emphasis Areas.
Sec. 5. Administrative review; arbitration.
Sec. 6. Distribution of revenue.
Sec. 7. Performance measures; reporting.
Sec. 8. Termination.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to create a predictable wood supply from National 
        Forest System land that can be harvested, processed, and sold 
        as wood products--
                    (A) to preserve and create jobs;
                    (B) to generate revenue to be shared with counties; 
                and
                    (C) to strengthen rural economies;
            (2) to reduce the uncertainty and costs to the Forest 
        Service of planning and implementing timber management, forest 
        restoration, and community wildfire protection projects on 
        National Forest System land; and
            (3) to promote the use of timber harvest as a method to 
        achieve forest management goals on a portion of non-reserved 
        National Forest System land.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Covered project.--The term ``covered project'' means a 
        project that involves the management or sale of national forest 
        material within a Forest Management Emphasis Area.
            (2) Forest management emphasis area.--
                    (A) In general.--The term ``Forest Management 
                Emphasis Area'' means National Forest System land 
                identified as suitable for timber production in a 
                forest management plan in effect on the date of 
                enactment of this Act.
                    (B) Exclusions.--The term ``Forest Management 
                Emphasis Area'' does not include National Forest System 
                land--
                            (i) that is a component of the National 
                        Wilderness Preservation System; or
                            (ii) on which removal of vegetation is 
                        specifically prohibited by Federal law.
            (3) National forest material.--The term ``national forest 
        material'' means trees, portions of trees, or forest products, 
        with an emphasis on sawtimber and pulpwood, derived from 
        National Forest System land.
            (4) National forest system.--
                    (A) In general.--The term ``National Forest 
                System'' has the meaning given the term in section 
                11(a) of the Forest and Rangeland Renewable Resources 
                Planning Act of 1974 (16 U.S.C. 1609(a)).
                    (B) Exclusion.--The term ``National Forest System'' 
                does not include--
                            (i) the national grasslands and land 
                        utilization projects administered under title 
                        III of the Bankhead-Jones Farm Tenant Act (7 
                        U.S.C. 1010 et seq.); or
                            (ii) National Forest System land east of 
                        the 100th meridian.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 4. PROJECTS IN FOREST MANAGEMENT EMPHASIS AREAS.

    (a) Conduct of Covered Projects Within Forest Management Emphasis 
Areas.--
            (1) In general.--The Secretary may conduct covered projects 
        in Forest Management Emphasis Areas, subject to paragraphs (2) 
        through (4).
            (2) Designating timber for cutting.--
                    (A) In general.--Notwithstanding section 14(g) of 
                the National Forest Management Act of 1976 (16 U.S.C. 
                472a(g)), the Secretary may use designation by 
                prescription or designation by description in 
                conducting covered projects under this Act.
                    (B) Requirement.--The designation methods 
                authorized under subparagraph (A) shall be used in a 
                manner that ensures that the quantity of national 
                forest material that is removed from the Forest 
                Management Emphasis Area is verifiable and accountable.
            (3) Contracting methods.--
                    (A) In general.--Timber sale contracts under 
                section 14 of the National Forest Management Act of 
                1976 (16 U.S.C. 472a) shall be the primary means of 
                carrying out covered projects under this Act.
                    (B) Record.--If the Secretary does not use a timber 
                sale contract under section 14 of the National Forest 
                Management Act of 1976 (16 U.S.C. 472a) to carry out a 
                covered project under this Act, the Secretary shall 
                provide a written record specifying the reasons that 
                different contracting methods were used.
            (4) Acreage treatment requirements.--
                    (A) Total acreage requirements.--The Secretary 
                shall identify, prioritize, and carry out covered 
                projects in Forest Management Emphasis Areas that 
                mechanically treat a total of at least 7,500,000 acres 
                in the Forest Management Emphasis Areas during the 15-
                year period beginning on the date that is 60 days after 
                the date on which the Secretary assigns the acreage 
                treatment requirements under subparagraph (B).
                    (B) Assignment of acreage treatment requirements to 
                individual units of the national forest system.--
                            (i) In general.--Not later than 60 days 
                        after the date of enactment of this Act and 
                        subject to clause (ii), the Secretary, in the 
                        sole discretion of the Secretary, shall assign 
                        the acreage treatment requirements that shall 
                        apply to the Forest Management Emphasis Areas 
                        of each unit of the National Forest System.
                            (ii) Limitation.--Notwithstanding clause 
                        (i), the acreage treatment requirements 
                        assigned to a specific unit of the National 
                        Forest System under that clause may not apply 
                        to more than 25 percent of the acreage to be 
                        treated in any unit of the National Forest 
                        System in a Forest Management Emphasis Area 
                        during the 15-year period described in 
                        subparagraph (A).
    (b) Environmental Analysis and Public Review Process for Covered 
Projects in Forest Management Emphasis Areas.--
            (1) Environmental assessment.--The Secretary shall comply 
        with the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) by completing an environmental assessment that 
        assesses the direct environmental effects of each covered 
        project proposed to be conducted within a Forest Management 
        Emphasis Area, except that the Secretary shall not be required 
        to study, develop, or describe more than the proposed agency 
        action and 1 alternative to the proposed agency action for 
        purposes of that Act.
            (2) Public notice and comment.--In preparing an 
        environmental assessment for a covered project under paragraph 
        (1), the Secretary shall provide--
                    (A) public notice of the covered project; and
                    (B) an opportunity for public comment on the 
                covered project.
            (3) Length.--The environmental assessment prepared for a 
        covered project under paragraph (1) shall not exceed 100 pages 
        in length.
            (4) Inclusion of certain documents.--The Secretary may 
        incorporate, by reference, into an environmental assessment any 
        documents that the Secretary, in the sole discretion of the 
        Secretary, determines are relevant to the assessment of the 
        environmental effects of the covered project.
            (5) Deadline for completion.--Not later than 180 days after 
        the date on which the Secretary has published notice of a 
        covered project in accordance with paragraph (2), the Secretary 
        shall complete the environmental assessment for the covered 
        project.
    (c) Compliance With Endangered Species Act.--To comply with the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary 
shall use qualified professionals on the staff of the Forest Service to 
make determinations required under section 7 of that Act (16 U.S.C. 
1536).
    (d) Limitation on Revision of National Forest Plans.--The Secretary 
may not, during a revision of a forest plan under section 6 of the 
Forest and Rangeland Renewable Resources Planning Act of 1974 (16 
U.S.C. 1604), reduce the acres designated as suitable for timber 
harvest under a covered project, unless the Secretary determines, in 
consultation with the Secretary of the Interior, that the reduction in 
acreage is necessary to prevent a jeopardy finding under section 7(b) 
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)).

SEC. 5. ADMINISTRATIVE REVIEW; ARBITRATION.

    (a) Administrative Review.--Administrative review of a covered 
project shall occur only in accordance with the special administrative 
review process established by section 105 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6515).
    (b) Arbitration.--
            (1) In general.--There is established in the Department of 
        Agriculture a pilot program that--
                    (A) authorizes the use of arbitration instead of 
                judicial review of a decision made following the 
                special administrative review process for a covered 
                project described in subsection (a); and
                    (B) shall be the sole means to challenge a covered 
                project in a Forest Management Emphasis Area during the 
                15-year period beginning on the date that is 60 days 
                after the date on which the Secretary assigns the 
                acreage treatment requirements under section 
                4(a)(4)(B).
            (2) Arbitration process procedures.--
                    (A) In general.--Any person who sought 
                administrative review for a covered project in 
                accordance with subsection (a) and who is not satisfied 
                with the decision made under the administrative review 
                process may file a demand for arbitration in accordance 
                with--
                            (i) chapter 1 of title 9, United States 
                        Code; and
                            (ii) this paragraph.
                    (B) Requirements for demand.--A demand for 
                arbitration under subparagraph (A) shall--
                            (i) be filed not more than 30 days after 
                        the date on which the special administrative 
                        review decision is issued under subsection (a); 
                        and
                            (ii) include a proposal containing the 
                        modifications sought to the covered project.
                    (C) Intervening parties.--
                            (i) Deadline for submission; 
                        requirements.--Any person that submitted a 
                        public comment on the covered project subject 
                        to the demand for arbitration may intervene in 
                        the arbitration under this subsection by 
                        submitting a proposal endorsing or modifying 
                        the covered project by the date that is 30 days 
                        after the date on which the demand for 
                        arbitration is filed under subparagraph (A).
                            (ii) Multiple parties.--Multiple objectors 
                        or intervening parties that meet the 
                        requirements of clause (i) may submit a joint 
                        proposal under that clause.
                    (D) Appointment of arbitrator.--The United States 
                District Court in the district in which a covered 
                project subject to a demand for arbitration filed under 
                subparagraph (A) is located shall appoint an arbitrator 
                to conduct the arbitration proceedings in accordance 
                with this subsection.
                    (E) Selection of proposals.--
                            (i) In general.--An arbitrator appointed 
                        under subparagraph (D)--
                                    (I) may not modify any of the 
                                proposals submitted under this 
                                paragraph; and
                                    (II) shall select to be conducted--
                                            (aa) a proposal submitted 
                                        by an objector under 
                                        subparagraph (B)(ii) or an 
                                        intervening party under 
                                        subparagraph (C); or
                                            (bb) the covered project, 
                                        as approved by the Secretary.
                            (ii) Selection criteria.--An arbitrator 
                        shall select the proposal that best meets the 
                        purpose and needs described in the 
                        environmental assessment conducted under 
                        section 4(b)(1) for the covered project.
                            (iii) Effect.--The decision of an 
                        arbitrator with respect to a selection under 
                        clause (i)(II)--
                                    (I) shall not be considered a major 
                                Federal action;
                                    (II) shall be binding; and
                                    (III) shall not be subject to 
                                judicial review.
                    (F) Deadline for completion.--Not later than 90 
                days after the date on which a demand for arbitration 
                is filed under subparagraph (A), the arbitration 
                process shall be completed.

SEC. 6. DISTRIBUTION OF REVENUE.

    (a) Payments to Counties.--
            (1) In general.--Effective for fiscal year 2015 and each 
        fiscal year thereafter until the termination date under section 
        8, the Secretary shall provide to each county in which a 
        covered project is carried out annual payments in an amount 
        equal to 25 percent of the amounts received for the applicable 
        fiscal year by the Secretary from the covered project.
            (2) Limitation.--A payment made under paragraph (1) shall 
        be in addition to any payments the county receives under the 
        payment to States required by the sixth paragraph under the 
        heading ``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).
    (b) Deposit in Knutson-Vandenberg and Salvage Sale Funds.--After 
compliance with subsection (a), the Secretary shall use amounts 
received by the Secretary from covered projects during each of the 
fiscal years during the period described in subsection (a) to make 
deposits into the fund established under section 3 of the Act of June 
9, 1930 (commonly known as the ``Knutson-Vandenberg Act'') (16 U.S.C. 
576b) and the fund established under section 14(h) of the National 
Forest Management Act of 1976 (16 U.S.C. 472a(h)) in contributions 
equal to the amounts otherwise collected under those Acts for projects 
conducted on National Forest System land.
    (c) Deposit in General Fund of the Treasury.--After compliance with 
subsections (a) and (b), the Secretary shall deposit into the general 
fund of the Treasury any remaining amounts received by the Secretary 
for each of the fiscal years referred to in those subsections from 
covered projects.

SEC. 7. PERFORMANCE MEASURES; REPORTING.

    (a) Performance Measures.--The Secretary shall develop performance 
measures that evaluate the degree to which the Secretary is achieving--
            (1) the purposes of this Act; and
            (2) the minimum acreage requirements established under 
        section 4(a)(4).
    (b) Annual Reports.--Annually, the Secretary shall submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives--
            (1) a report that describes the results of evaluations 
        using the performance measures developed under subsection (a); 
        and
            (2) a report that describes--
                    (A) the number and substance of the covered 
                projects that are subject to administrative review and 
                arbitration under section 5; and
                    (B) the outcomes of the administrative review and 
                arbitration under that section.

SEC. 8. TERMINATION.

    The authority of this Act terminates on the date that is 15 years 
after the date of enactment of this Act.
                                 <all>