[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2644 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2644

  To expedite certain forest management activities on National Forest 
  System lands derived from the public domain when the activities are 
  developed through a collaborative process of interested parties, to 
   require the posting of a bond in initiating a legal challenge to 
   certain forest management activities, to modify the Secure Rural 
  Schools and Community Self-Determination Act of 2000, to authorize 
 additional funding sources for forest management activities, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2015

  Mr. Zinke 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 expedite certain forest management activities on National Forest 
  System lands derived from the public domain when the activities are 
  developed through a collaborative process of interested parties, to 
   require the posting of a bond in initiating a legal challenge to 
   certain forest management activities, to modify the Secure Rural 
  Schools and Community Self-Determination Act of 2000, to authorize 
 additional funding sources for forest management activities, 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 
Collaborative Incentive Act of 2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
   TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS OF COLLABORATIVE FOREST 
                         MANAGEMENT ACTIVITIES

Sec. 101. Definitions.
Sec. 102. Analysis of only two alternatives (action versus no action) 
                            in proposed collaborative forest management 
                            activities.
         TITLE II--COLLABORATIVE PROJECT LITIGATION REQUIREMENT

Sec. 201. Definitions.
Sec. 202. Bond requirement as part of legal challenge of certain forest 
                            management activities.
 TITLE III--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT 
                               AMENDMENTS

Sec. 301. Use of reserved funds for title II projects on Federal land 
                            and certain non-Federal land.
Sec. 302. Resource advisory committees.
Sec. 303. Program for title II self-sustaining resource advisory 
                            committee projects.
Sec. 304. Additional authorized use of reserved funds for title III 
                            county projects.
 TITLE IV--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES

Sec. 401. Definitions.
Sec. 402. Availability of stewardship project revenues and 
                            Collaborative Forest Landscape Restoration 
                            Fund to cover forest management activity 
                            planning costs.
Sec. 403. State-supported planning of forest management activities.

   TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS OF COLLABORATIVE FOREST 
                         MANAGEMENT ACTIVITIES

SEC. 101. DEFINITIONS.

    In this title:
            (1) Collaborative process.--The term ``collaborative 
        process'' refers to a process relating to the management of 
        National Forest System lands by which a project or activity is 
        developed and implemented by the Secretary through 
        collaboration with interested persons, as described in section 
        603(b)(1)(C) of the Healthy Forests Restoration Act of 2003 (16 
        U.S.C. 6591b(b)(1)(C)).
            (2) Community wildfire protection plan.--The term 
        ``community wildfire protection plan'' has the meaning given 
        that term in section 101(3) of the Healthy Forests Restoration 
        Act of 2003 (16 U.S.C. 6511(3)).
            (3) Forest management activity.--The term ``forest 
        management activity'' means a project or activity carried out 
        by the Secretary on National Forest System lands in concert 
        with the forest plan covering the lands.
            (4) Forest plan.--The term ``forest plan'' means a land and 
        resource management plan prepared by the Secretary for a unit 
        of the National Forest System pursuant to section 6 of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1604).
            (5) 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--
                    (A) includes only National Forest System lands 
                derived from the public domain; and
                    (B) 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).
            (6) Resource advisory committee.--The term ``resource 
        advisory committee'' has the meaning given that term in section 
        201(3) of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7121(3)).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.

SEC. 102. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION VERSUS NO ACTION) 
              IN PROPOSED COLLABORATIVE FOREST MANAGEMENT ACTIVITIES.

    (a) Application to Certain Environmental Assessments and 
Environmental Impact Statements.--This section shall apply whenever the 
Secretary prepares an environmental assessment or an environmental 
impact statement pursuant to section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a forest 
management activity that--
            (1) is developed through a collaborative process;
            (2) is proposed by a resource advisory committee; or
            (3) is covered by a community wildfire protection plan.
    (b) Consideration of Alternatives.--In an environmental assessment 
or environmental impact statement described in subsection (a), the 
Secretary shall study, develop, and describe--
            (1) the forest management activity, as proposed pursuant to 
        paragraph (1), (2), or (3) of subsection (a); and
            (2) the alternative of no action.
    (c) Elements of Non-Action Alternative.--In the case of the 
alternative of no action, the Secretary shall evaluate--
            (1) the effect of no action on wildfire potential and 
        insect and disease potential; and
            (2) the implications of a resulting wildfire or insect or 
        disease infestation, given fire and insect and disease historic 
        cycles, on domestic water costs, wildlife habitat loss, and 
        other economic and social factors.

         TITLE II--COLLABORATIVE PROJECT LITIGATION REQUIREMENT

SEC. 201. DEFINITIONS.

    In this title:
            (1) Collaborative process.--The term ``collaborative 
        process'' refers to a process relating to the management of 
        National Forest System lands by which a project or activity is 
        developed and implemented by the Secretary through 
        collaboration with interested persons, as described in section 
        603(b)(1)(C) of the Healthy Forests Restoration Act of 2003 (16 
        U.S.C. 6591b(b)(1)(C)).
            (2) Costs.--The term ``costs'' refers to the fees and costs 
        described in section 1920 of title 28, United States Code.
            (3) Expenses.--The term ``expenses'' includes the 
        expenditures incurred by the staff of the Secretary in 
        preparing for a legal challenge to a collaborative forest 
        management activity and in participating in litigation that 
        challenges the forest management activity, including such staff 
        time as may be used to prepare the administrative record, 
        exhibits, declarations, and affidavits in connection with the 
        litigation.
            (4) Forest management activity.--The term ``forest 
        management activity'' means a project or activity carried out 
        by the Secretary on National Forest System lands in concert 
        with the forest plan covering the lands.
            (5) Forest plan.--The term ``forest plan'' means a land and 
        resource management plan prepared by the Secretary for a unit 
        of the National Forest System pursuant to section 6 of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1604).
            (6) 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--
                    (A) includes only National Forest System lands 
                derived from the public domain; and
                    (B) 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).
            (7) Resource advisory committee.--The term ``resource 
        advisory committee'' has the meaning given that term in section 
        201(3) of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7121(3)).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.

SEC. 202. BOND REQUIREMENT AS PART OF LEGAL CHALLENGE OF CERTAIN FOREST 
              MANAGEMENT ACTIVITIES.

    (a) Bond Required.--In the case of a forest management activity 
developed through a collaborative process or proposed by a resource 
advisory committee, any plaintiff or plaintiffs challenging the forest 
management activity shall be required to post a bond or other security 
acceptable to the court equal to the anticipated costs, expenses, and 
attorneys fees of the Secretary as defendant, as reasonably estimated 
by the Secretary. All proceedings in the action shall be stayed until 
the required bond or security is provided.
    (b) Recovery of Litigation Costs, Expenses, and Attorneys Fees.--
            (1) Motion for payment.--If the Secretary prevails in an 
        action challenging a forest management activity described in 
        subsection (a), the Secretary shall submit to the court a 
        motion for payment, from the bond or other security posted 
        under subsection (a) in such action, of the reasonable costs, 
        expenses, and attorneys fees incurred by the Secretary.
            (2) Maximum amount recovered.--The amount of costs, 
        expenses, and attorneys fees recovered by the Secretary under 
        paragraph (1) as a result of prevailing in an action 
        challenging the forest management activity may not exceed the 
        amount of the bond or other security posted under subsection 
        (a) in such action.
            (3) Return of remainder.--Any funds remaining from the bond 
        or other security posted under subsection (a) after the payment 
        of costs, expenses, and attorneys fees under paragraph (1) 
        shall be returned to the plaintiff or plaintiffs that posted 
        the bond or security in the action.
    (c) Return of Bond to Prevailing Plaintiff.--
            (1) In general.--If the plaintiff ultimately prevails on 
        the merits in all actions brought by the plaintiff challenging 
        a forest management activity described in subsection (a), the 
        court shall return to the plaintiff any bond or security 
        provided by the plaintiff under subsection (a), plus interest 
        from the date the bond or security was provided.
            (2) Ultimately prevails on the merits.--In this subsection, 
        the phrase ``ultimately prevails on the merits'' means, in a 
        final enforceable judgment on the merits, a court rules in 
        favor of the plaintiff on all causes of action in all actions 
        brought by the plaintiff challenging the forest management 
        activity.
    (d) Effect of Settlement.--If a challenge to a forest management 
activity described in subsection (a) for which a bond or other security 
was provided by the plaintiff under such subsection is resolved by 
settlement between the Secretary and the plaintiff, the settlement 
agreement shall provide for sharing the costs, expenses, and attorneys 
fees incurred by the parties.
    (e) Limitation on Certain Payments.--Notwithstanding section 1304 
of title 31, United States Code, no award may be made under section 
2412 of title 28, United States Code, and no amounts may be obligated 
or expended from the Claims and Judgment Fund of the United States 
Treasury to pay any fees or other expenses under such sections to any 
plaintiff related to an action challenging a forest management activity 
described in subsection (a).

 TITLE III--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT 
                               AMENDMENTS

SEC. 301. USE OF RESERVED FUNDS FOR TITLE II PROJECTS ON FEDERAL LAND 
              AND CERTAIN NON-FEDERAL LAND.

    (a) Repeal of Merchantable Timber Contracting Pilot Program.--
Section 204(e) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7124(e)) is amended by striking 
paragraph (3).
    (b) Requirements for Project Funds.--Section 204 of the Secure 
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
7124) is amended by striking subsection (f) and inserting the following 
new subsection:
    ``(f) Requirements for Project Funds.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        concerned shall ensure that at least 50 percent of the project 
        funds reserved by a participating county under section 102(d) 
        shall be available only for projects that--
                    ``(A) include the sale of timber or other forest 
                products; and
                    ``(B) implement stewardship objectives that enhance 
                forest ecosystems or restore and improve land health 
                and water quality.
            ``(2) Applicability.--The requirement in paragraph (1) 
        shall apply only to project funds reserved by a participating 
        county whose boundaries include Federal land that the Secretary 
        concerned determines has been subject to a timber or other 
        forest products program within 5 fiscal years before the fiscal 
        year in which the funds are reserved.''.

SEC. 302. RESOURCE ADVISORY COMMITTEES.

    (a) Recognition of Resource Advisory Committees.--Section 205(a)(4) 
of the Secure Rural Schools and Community Self-Determination Act of 
2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012'' each place 
it appears and inserting ``2020''.
    (b) Temporary Reduction in Composition of Committees.--Section 
205(d) of the Secure Rural Schools and Community Self-Determination Act 
of 2000 (16 U.S.C. 7125(d)) is amended--
            (1) in paragraph (1), by striking ``Each'' and inserting 
        ``Except during the period specified in paragraph (6), each''; 
        and
            (2) by adding at the end the following new paragraph:
            ``(6) Temporary reduction in minimum number of members.--
                    ``(A) Temporary 6-member minimum.--During the 
                period beginning on the date of the enactment of this 
                paragraph and ending on September 30, 2020, a resource 
                advisory committee established under this section may 
                be comprised of 6 or more members--
                            ``(i) 2 or more of whom shall be 
                        representative of interests described in 
                        subparagraph (A) of paragraph (2);
                            ``(ii) 2 or more of whom shall be 
                        representative of interests described in 
                        subparagraph (B) of paragraph (2); and
                            ``(iii) 2 or more of whom shall be 
                        representative of interests described in 
                        subparagraph (C) of paragraph (2).
                    ``(B) Additional requirement.--In appointing 
                members of a resource advisory committee from the 3 
                categories described in paragraph (2), as provided in 
                subparagraph (A), the Secretary concerned shall ensure 
                balanced and broad representation in each category.
                    ``(C) Charter.--A charter for a resource advisory 
                committee with 15 members that was filed on or before 
                the date of the enactment of this paragraph shall be 
                considered to be filed for a resource advisory 
                committee described in this paragraph.''.
    (c) Conforming Change to Project Approval Requirements.--Section 
205(e)(3) of the Secure Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7125(e)(3)) is amended by adding at the end the 
following new sentence: ``In the case of a resource advisory committee 
consisting of fewer than 15 members, as authorized by subsection 
(d)(6), a project may be proposed to the Secretary concerned upon 
approval by a majority of the members of the committee.''.
    (d) Expanding Local Participation on Committees.--Section 205(d) of 
the Secure Rural Schools and Community Self-Determination Act of 2000 
(16 U.S.C. 7125(d)) is amended--
            (1) in paragraph (3), by inserting before the period at the 
        end the following: ``, consistent with the requirements of 
        paragraph (4)''; and
            (2) by striking paragraph (4) and inserting the following 
        new paragraph:
            ``(4) Geographic distribution.--The members of a resource 
        advisory committee shall reside within the county or counties 
        in which the committee has jurisdiction, or an adjacent 
        county.''.

SEC. 303. PROGRAM FOR TITLE II SELF-SUSTAINING RESOURCE ADVISORY 
              COMMITTEE PROJECTS.

    (a) Self-Sustaining Resource Advisory Committee Projects.--Title II 
of the Secure Rural Schools and Community Self-Determination Act of 
2000 (16 U.S.C. 7121 et seq.) is amended by adding at the end the 
following new section:

``SEC. 209. PROGRAM FOR SELF-SUSTAINING RESOURCE ADVISORY COMMITTEE 
              PROJECTS.

    ``(a) RAC Program.--The Chief of the Forest Service shall conduct a 
program (to be known as the `self-sustaining resource advisory 
committee program' or `RAC program') under which 10 resource advisory 
committees will propose projects authorized by subsection (c) to be 
carried out using project funds reserved by a participating county 
under section 102(d).
    ``(b) Selection of Participating Resource Advisory Committees.--The 
selection of resource advisory committees to participate in the RAC 
program is in the sole discretion of the Chief of the Forest Service, 
except that, consistent with section 205(d)(6), a selected resource 
advisory committee must have a minimum of 6 members.
    ``(c) Authorized Projects.--Notwithstanding the project purposes 
specified in sections 202(b), 203(c), and 204(a)(5), projects under the 
RAC program are intended to--
            ``(1) accomplish forest management objectives or support 
        community development; and
            ``(2) generate receipts.
    ``(d) Deposit of Revenues.--Any revenue generated by a project 
conducted under the RAC program, including any interest accrued from 
the revenues, shall be deposited in the special account in the Treasury 
established under section 102(d)(2)(A) and shall be available for 
additional projects under the RAC program.
    ``(e) Termination of Authority.--
            ``(1) In general.--The authority to initiate a project 
        under the RAC program shall terminate on September 30, 2020.
            ``(2) Deposits in treasury.--Any funds available for 
        projects under the RAC program and not obligated by September 
        30, 2021, shall be deposited in the Treasury of the United 
        States.''.
    (b) Exception to General Rule Regarding Treatment of Receipts.--
Section 403(b) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7153(b)) is amended by striking 
``All revenues'' and inserting ``Except as provided in section 209, all 
revenues''.

SEC. 304. ADDITIONAL AUTHORIZED USE OF RESERVED FUNDS FOR TITLE III 
              COUNTY PROJECTS.

    Section 302(a) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7142(a)) is amended--
            (1) in paragraph (2)--
                    (A) by inserting ``and law enforcement patrols'' 
                after ``including firefighting''; and
                    (B) by striking ``and'' at the end of paragraph 
                (2);
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) to cover training costs and equipment purchases 
        directly related to the emergency services described in 
        paragraph (2); and''.

 TITLE IV--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES

SEC. 401. DEFINITIONS.

    In this title:
            (1) Collaborative process.--The term ``collaborative 
        process'' refers to a process relating to the management of 
        National Forest System lands by which a project or activity is 
        developed and implemented by the Secretary through 
        collaboration with interested persons, as described in section 
        603(b)(1)(C) of the Healthy Forests Restoration Act of 2003 (16 
        U.S.C. 6591b(b)(1)(C)).
            (2) Community wildfire protection plan.--The term 
        ``community wildfire protection plan'' has the meaning given 
        that term in section 101(3) of the Healthy Forests Restoration 
        Act of 2003 (16 U.S.C. 6511(3)).
            (3) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State or political subdivision of a State 
                containing National Forest System lands;
                    (B) a publicly chartered utility serving one or 
                more States or a political subdivision thereof;
                    (C) a rural electric company; and
                    (D) any other entity determined by the Secretary to 
                be appropriate for participation in the Fund.
            (4) Forest management activity.--The term ``forest 
        management activity'' means a project or activity carried out 
        by the Secretary on National Forest System lands in concert 
        with the forest plan covering the lands.
            (5) Forest plan.--The term ``forest plan'' means a land and 
        resource management plan prepared by the Secretary for a unit 
        of the National Forest System pursuant to section 6 of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1604).
            (6) Fund.--The term ``Fund'' means the State-Supported 
        Forest Management Fund established by section 403.
            (7) 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--
                    (A) includes only National Forest System lands 
                derived from the public domain; and
                    (B) 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).
            (8) Resource advisory committee.--The term ``resource 
        advisory committee'' has the meaning given that term in section 
        201(3) of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7121(3)).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.

SEC. 402. AVAILABILITY OF STEWARDSHIP PROJECT REVENUES AND 
              COLLABORATIVE FOREST LANDSCAPE RESTORATION FUND TO COVER 
              FOREST MANAGEMENT ACTIVITY PLANNING COSTS.

    (a) Availability of Stewardship Project Revenues.--Section 
604(e)(2)(B) of the Healthy Forest Restoration Act of 2003 (16 U.S.C. 
6591c(e)(2)(B)) is amended by striking ``appropriation at the project 
site from which the monies are collected or at another project site.'' 
and inserting the following: ``appropriation--
                            ``(i) at the project site from which the 
                        monies are collected or at another project 
                        site; and
                            ``(ii) to cover not more than 25 percent of 
                        the cost of planning additional stewardship 
                        contracting projects.''.
    (b) Availability of Collaborative Forest Landscape Restoration 
Fund.--Section 4003(f)(1) of the Omnibus Public Land Management Act of 
2009 (16 U.S.C. 7303(f)(1)) is amended by striking ``carrying out and'' 
and inserting ``planning, carrying out, and''.

SEC. 403. STATE-SUPPORTED PLANNING OF FOREST MANAGEMENT ACTIVITIES.

    (a) State-Supported Forest Management Fund.--There is established 
in the Treasury of the United States a fund, to be known as the 
``State-Supported Forest Management Fund'', to cover the cost of 
planning, carrying out, and monitoring certain forest management 
activities on National Forest System lands.
    (b) Contents.--The State-Supported Forest Management Fund shall 
consist of such amounts as may be--
            (1) contributed by an eligible entity for deposit in the 
        Fund;
            (2) appropriated to the Fund; or
            (3) generated by forest management activities carried out 
        using amounts in the Fund.
    (c) Geographical and Use Limitations.--In making a contribution 
under subsection (b)(1), an eligible entity may--
            (1) specify the National Forest System lands for which the 
        contribution may be expended; or
            (2) subject to subsection (d), limit the types of forest 
        management activities for which the contribution may be 
        expended.
    (d) Authorized Forest Management Activities.--A forest management 
activity may be planned, carried out, or monitored using amounts in the 
Fund only if the activity--
            (1) is developed through a collaborative process;
            (2) is proposed by a resource advisory committee; or
            (3) is covered by a community wildfire protection plan.
    (e) Implementation Methods.--A forest management activity carried 
out using amounts in the Fund may be carried out using a contract or 
agreement under section 604 of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6591c), the good neighbor authority provided by section 
8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a), a contract 
under section 14 of the National Forest Management Act of 1976 (16 
U.S.C. 472a), or other authority available to the Secretary, but 
revenues generated by the forest management activity shall be used 
reimburse the Fund for planning costs covered using amounts in the 
Fund.
    (f) Relation to Other Laws.--
            (1) Revenue sharing.--Subject to subsection (e), revenues 
        generated by a forest management activity carried out using 
        amounts from the Fund shall be considered monies received from 
        the National Forest System.
            (2) Knutson-vanderberg act.--The Act of June 9, 1930 
        (commonly known as the Knutson-Vanderberg Act; 16 U.S.C. 576 et 
        seq.), shall apply to any forest management activity carried 
        out using amounts in the Fund.
    (g) Termination of Fund.--
            (1) Termination.--The Fund shall terminate on September 30, 
        2025.
            (2) Effect of termination.--Upon the termination of the 
        Fund pursuant to paragraph (1) or pursuant to any other 
        provision of law, unobligated contributions remaining in the 
        Fund shall be returned to the eligible entity that made the 
        contribution.
                                 <all>