[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2647 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2647

  To expedite under the National Environmental Policy Act and improve 
  forest management activities in units of the National Forest System 
derived from the public domain, on public lands under the jurisdiction 
    of the Bureau of Land Management, and on tribal lands to return 
   resilience to overgrown, fire-prone forested lands, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2015

     Mr. Westerman (for himself, Mrs. Kirkpatrick, Mr. Thompson of 
 Pennsylvania, and 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 under the National Environmental Policy Act and improve 
  forest management activities in units of the National Forest System 
derived from the public domain, on public lands under the jurisdiction 
    of the Bureau of Land Management, and on tribal lands to return 
   resilience to overgrown, fire-prone forested lands, 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 ``Resilient Federal 
Forests Act of 2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
     TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF 
    CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES

Sec. 101. Analysis of only two alternatives (action versus no action) 
                            in proposed collaborative forest management 
                            activities.
Sec. 102. Categorical exclusion to expedite certain critical response 
                            actions.
Sec. 103. Categorical exclusion to expedite salvage operations in 
                            response to catastrophic events.
Sec. 104. Categorical exclusion to meet forest plan goals for early 
                            successional forests.
Sec. 105. Clarification of existing categorical exclusion authority 
                            related to insect and disease infestation.
Sec. 106. Compliance with forest plan.
 TITLE II--SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS

Sec. 201. Expedited salvage operations and reforestation activities 
                            following large-scale catastrophic events.
Sec. 202. Compliance with forest plan.
Sec. 203. Prohibition on restraining orders, preliminary injunctions, 
                            and injunctions pending appeal.
Sec. 204. Exclusion of certain lands.
        TITLE III--COLLABORATIVE PROJECT LITIGATION REQUIREMENT

Sec. 301. Definitions.
Sec. 302. Bond requirement as part of legal challenge of certain forest 
                            management activities.
  TITLE IV--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT 
                               AMENDMENTS

Sec. 401. Use of reserved funds for title II projects on Federal land 
                            and certain non-Federal land.
Sec. 402. Resource advisory committees.
Sec. 403. Program for title II self-sustaining resource advisory 
                            committee projects.
Sec. 404. Additional authorized use of reserved funds for title III 
                            county projects.
              TITLE V--STEWARDSHIP END RESULT CONTRACTING

Sec. 501. Cancellation ceilings for stewardship end result contracting 
                            projects.
Sec. 502. Excess offset value.
Sec. 503. Payment of portion of stewardship project revenues to county 
                            in which stewardship project occurs.
Sec. 504. Submission of existing annual report.
 TITLE VI--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES

Sec. 601. Definitions.
Sec. 602. Availability of stewardship project revenues and 
                            Collaborative Forest Landscape Restoration 
                            Fund to cover forest management activity 
                            planning costs.
Sec. 603. State-supported planning of forest management activities.
        TITLE VII--TRIBAL FORESTRY PARTICIPATION AND PROTECTION

Sec. 701. Protection of tribal forest assets through use of stewardship 
                            end result contracting and other 
                            authorities.
Sec. 702. Management of Indian forest land authorized to include 
                            related National Forest System lands and 
                            public lands.
         TITLE VIII--MISCELLANEOUS FOREST MANAGEMENT PROVISIONS

Sec. 801. Balancing short- and long-term effects of forest management 
                            activities in considering injunctive 
                            relief.
Sec. 802. Conditions on Forest Service road decommissioning.
Sec. 803. Prohibition on application of Eastside Screens requirements 
                            on National Forest System lands.
Sec. 804. Use of site-specific forest plan amendments for certain 
                            projects and activities.
Sec. 805. Knutson-Vandenberg Act modifications.
Sec. 806. Exclusion of certain National Forest System lands and public 
                            lands.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Catastrophic event.--The term ``catastrophic event'' 
        means any natural disaster (such as hurricane, tornado, 
        windstorm, snow or ice storm, rain storm, high water, wind-
        driven water, tidal wave, earthquake, volcanic eruption, 
        landslide, mudslide, drought, or insect or disease outbreak) or 
        any fire, flood, or explosion, regardless of cause.
            (2) Categorical exclusion.--The term ``categorical 
        exclusion'' refers to an exception to the requirements of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4331 et 
        seq.) for a project or activity relating to the management of 
        National Forest System lands or public lands.
            (3) Collaborative process.--The term ``collaborative 
        process'' refers to a process relating to the management of 
        National Forest System lands or public lands by which a project 
        or activity is developed and implemented by the Secretary 
        concerned 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)).
            (4) 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)).
            (5) Coos bay wagon road grant lands.--The term ``Coos Bay 
        Wagon Road Grant lands'' means the lands reconveyed to the 
        United States pursuant to the first section of the Act of 
        February 26, 1919 (40 Stat. 1179).
            (6) Forest management activity.--The term ``forest 
        management activity'' means a project or activity carried out 
        by the Secretary concerned on National Forest System lands or 
        public lands in concert with the forest plan covering the 
        lands.
            (7) Forest plan.--The term ``forest plan'' means--
                    (A) a land use plan prepared by the Bureau of Land 
                Management for public lands pursuant to section 202 of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1712); or
                    (B) a land and resource management plan prepared by 
                the Forest Service 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).
            (8) Large-scale catastrophic event.--The term ``large-scale 
        catastrophic event'' means a catastrophic event that adversely 
        impacts at least 5,000 acres of reasonably contiguous National 
        Forest System lands or public lands.
            (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--
                    (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).
            (10) Oregon and california railroad grant lands.--The term 
        ``Oregon and California Railroad Grant lands'' means the 
        following lands:
                    (A) All lands in the State of Oregon revested in 
                the United States under the Act of June 9, 1916 (39 
                Stat. 218), that are administered by the Secretary of 
                the Interior, acting through the Bureau of Land 
                Management, pursuant to the first section of the Act of 
                August 28, 1937 (43 U.S.C. 1181a).
                    (B) All lands in that State obtained by the 
                Secretary of the Interior pursuant to the land 
                exchanges authorized and directed by section 2 of the 
                Act of June 24, 1954 (43 U.S.C. 1181h).
                    (C) All lands in that State acquired by the United 
                States at any time and made subject to the provisions 
                of title II of the Act of August 28, 1937 (43 U.S.C. 
                1181f).
            (11) Public lands.--The term ``public lands'' has the 
        meaning given that term in section 103(e) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702(e)), except 
        that the term includes Coos Bay Wagon Road Grant lands and 
        Oregon and California Railroad Grant lands.
            (12) Reforestation activity.--The term ``reforestation 
        activity'' means a project or activity carried out by the 
        Secretary concerned whose primary purpose is the reforestation 
        of fire-impacted lands following a large-scale wildfire. The 
        term includes planting, evaluating and enhancing natural 
        regeneration, clearing competing vegetation, and other 
        activities related to reestablishment of forest species on the 
        fire-impacted lands.
            (13) 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)).
            (14) Salvage operation.--The term ``salvage operation'' 
        means a forest management activity undertaken in response to a 
        catastrophic event whose primary purpose--
                    (A) is to prevent wildfire as a result of the 
                catastrophic event, or, if the catastrophic event was 
                wildfire, to prevent a re-burn of the fire-impacted 
                area;
                    (B) is to provide an opportunity for utilization of 
                forest materials damaged as a result of the 
                catastrophic event; or
                    (C) is to provide a funding source for 
                reforestation and other restoration activities for the 
                National Forest System lands or public lands impacted 
                by the catastrophic event.
            (15) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System lands; and
                    (B) the Secretary of the Interior, with respect to 
                public lands.

     TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF 
    CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES

SEC. 101. 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 concerned 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 concerned shall study, develop, and describe only the 
following two alternatives:
            (1) The forest management activity, as proposed pursuant to 
        paragraph (1), (2), or (3) of subsection (a).
            (2) The alternative of no action.
    (c) Elements of Non-Action Alternative.--In the case of the 
alternative of no action, the Secretary concerned shall evaluate--
            (1) the effect of no action on--
                    (A) forest health;
                    (B) habitat diversity;
                    (C) wildfire potential; and
                    (D) insect and disease potential; and
            (2) the implications of a resulting decline in forest 
        health, loss of habitat diversity, wildfire, or insect or 
        disease infestation, given fire and insect and disease historic 
        cycles, on--
                    (A) domestic water costs;
                    (B) wildlife habitat loss; and
                    (C) other economic and social factors.

SEC. 102. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE 
              ACTIONS.

    (a) Availability of Categorical Exclusion.--A categorical exclusion 
is available to the Secretary concerned to develop and carry out a 
forest management activity on National Forest System lands or public 
lands when the primary purpose of the forest management activity is--
            (1) to address an insect or disease infestation;
            (2) to reduce hazardous fuel loads;
            (3) to protect a municipal water source;
            (4) to maintain, enhance, or modify critical habitat to 
        protect it from catastrophic disturbances;
            (5) to increase water yield; or
            (6) any combination of the purposes specified in paragraphs 
        (1) through (5).
    (b) Acreage Limitations.--
            (1) In general.--Except in the case of a forest management 
        activity described in paragraph (2), a forest management 
        activity covered by the categorical exclusion granted by 
        subsection (a) may not contain harvest units exceeding a total 
        of 5,000 acres.
            (2) Larger areas authorized.--A forest management activity 
        covered by the categorical exclusion granted by subsection (a) 
        may not contain harvest units exceeding a total of 15,000 acres 
        if the forest management activity--
                    (A) is developed through a collaborative process;
                    (B) is proposed by a resource advisory committee; 
                or
                    (C) is covered by a community wildfire protection 
                plan.

SEC. 103. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN 
              RESPONSE TO CATASTROPHIC EVENTS.

    (a) Availability of Categorical Exclusion.--A categorical exclusion 
is available to the Secretary concerned to develop and carry out a 
salvage operation as part of the restoration of National Forest System 
lands or public lands following a catastrophic event.
    (b) Acreage Limitations.--
            (1) In general.--A salvage operation covered by the 
        categorical exclusion granted by subsection (a) may not contain 
        harvest units exceeding a total of 5,000 acres.
            (2) Harvest area.--In addition to the limitation imposed by 
        paragraph (1), the harvest units covered by the categorical 
        exclusion granted by subsection (a) may not exceed one-third of 
        the area impacted by the catastrophic event.
    (c) Additional Requirements.--
            (1) Road building.--A salvage operation covered by the 
        categorical exclusion granted by subsection (a) may not include 
        any permanent road building. Temporary roads constructed as 
        part of the salvage operation may not exceed one mile per 
        square mile and shall be decommissioned upon completion of the 
        salvage operation.
            (2) Stream buffers.--A salvage operation covered by the 
        categorical exclusion granted by subsection (a) shall comply 
        with the standards and guidelines for stream buffers contained 
        in the applicable forest plan unless waived by the Regional 
        Forester, in the case of National Forest System lands, or the 
        State Director of the Bureau of Land Management, in the case of 
        public lands.
            (3) Reforestation plan.--A reforestation plan shall be 
        developed under section 3 of the Act of June 9, 1930 (commonly 
        known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), as part 
        of a salvage operation covered by the categorical exclusion 
        granted by subsection (a).

SEC. 104. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR EARLY 
              SUCCESSIONAL FORESTS.

    (a) Availability of Categorical Exclusion.--A categorical exclusion 
is available to the Secretary concerned to develop and carry out a 
forest management activity on National Forest System lands or public 
lands when the primary purpose of the forest management activity is to 
modify, improve, enhance, or create early successional forests for 
wildlife habitat improvement and other purposes, consistent with the 
applicable forest plan.
    (b) Acreage Limitations.--A forest management activity covered by 
the categorical exclusion granted by subsection (a) may not contain 
harvest units exceeding a total of 5,000 acres.

SEC. 105. CLARIFICATION OF EXISTING CATEGORICAL EXCLUSION AUTHORITY 
              RELATED TO INSECT AND DISEASE INFESTATION.

    Section 603(c)(2)(B) of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6591b(c)(2)(B)) is amended by striking ``Fire Regime Groups 
I, II, or III'' and inserting ``Fire Regime I, Fire Regime II, Fire 
Regime III, or Fire Regime IV''.

SEC. 106. COMPLIANCE WITH FOREST PLAN.

    A forest management activity covered by a categorical exclusion 
granted by this title shall be conducted in a manner consistent with 
the forest plan applicable to the National Forest System land or public 
lands covered by the forest management activity.

 TITLE II--SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS

SEC. 201. EXPEDITED SALVAGE OPERATIONS AND REFORESTATION ACTIVITIES 
              FOLLOWING LARGE-SCALE CATASTROPHIC EVENTS.

    (a) Expedited Environmental Assessment.--Notwithstanding any other 
provision of law, any environmental assessment prepared by the 
Secretary concerned pursuant to section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a salvage 
operation or reforestation activity proposed to be conducted on 
National Forest System lands or public lands adversely impacted by a 
large-scale catastrophic event shall be completed within three months 
after the conclusion of the catastrophic event.
    (b) Expedited Implementation and Completion.--In the case of 
reforestation activities conducted on National Forest System lands or 
public lands adversely impacted by a large-scale catastrophic event, 
the Secretary concerned shall achieve reforestation of at least 75 
percent of the impacted lands during the five-year period following the 
conclusion of the catastrophic event.

SEC. 202. COMPLIANCE WITH FOREST PLAN.

    A salvage operation or reforestation activity authorized by this 
title shall be conducted in a manner consistent with the forest plan 
applicable to the National Forest System lands or public lands covered 
by the salvage operation or reforestation activity.

SEC. 203. PROHIBITION ON RESTRAINING ORDERS, PRELIMINARY INJUNCTIONS, 
              AND INJUNCTIONS PENDING APPEAL.

    No restraining order, preliminary injunction, or injunction pending 
appeal shall be issued by any court of the United States with respect 
to any decision to prepare or conduct a salvage operation or 
reforestation activity in response to a large-scale catastrophic event. 
Section 705 of title 5, United States Code, shall not apply to any 
challenge to the salvage operation or reforestation activity.

SEC. 204. EXCLUSION OF CERTAIN LANDS.

    In applying this title, the Secretary concerned may not carry out 
salvage operations or reforestation activities on National Forest 
System lands or public lands--
            (1) that are included in the National Wilderness 
        Preservation System;
            (2) that are located within an inventoried roadless area 
        unless the reforestation activity is consistent with the forest 
        plan; or
            (3) on which timber harvesting for any purpose is 
        prohibited by statute.

        TITLE III--COLLABORATIVE PROJECT LITIGATION REQUIREMENT

SEC. 301. DEFINITIONS.

    In this title:
            (1) Costs.--The term ``costs'' refers to the fees and costs 
        described in section 1920 of title 28, United States Code.
            (2) Expenses.--The term ``expenses'' includes the 
        expenditures incurred by the staff of the Secretary concerned 
        in preparing for and responding to 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.

SEC. 302. 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 
equal to the anticipated costs, expenses, and attorneys fees of the 
Secretary concerned as defendant, as reasonably estimated by the 
Secretary concerned. 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 concerned 
        prevails in an action challenging a forest management activity 
        described in subsection (a), the Secretary concerned 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 concerned.
            (2) Maximum amount recovered.--The amount of costs, 
        expenses, and attorneys fees recovered by the Secretary 
        concerned 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 every action 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 every cause of action in every action 
        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 concerned 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 IV--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT 
                               AMENDMENTS

SEC. 401. 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. 402. 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, of which--
                            ``(i) at least 2 shall be representative of 
                        interests described in subparagraph (A) of 
                        paragraph (2);
                            ``(ii) at least 2 shall be representative 
                        of interests described in subparagraph (B) of 
                        paragraph (2); and
                            ``(iii) at least 2 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. 403. 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 and Availability of Revenues.--Any revenue generated 
by a project conducted under the RAC program, including any interest 
accrued from the revenues, shall be--
            ``(1) deposited in the special account in the Treasury 
        established under section 102(d)(2)(A); and
            ``(2) available, in such amounts as may be provided in 
        advance in appropriation Acts, 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. 404. 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 V--STEWARDSHIP END RESULT CONTRACTING

SEC. 501. CANCELLATION CEILINGS FOR STEWARDSHIP END RESULT CONTRACTING 
              PROJECTS.

    (a) Cancellation Ceilings.--Section 604 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6591c) is amended--
            (1) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively; and
            (2) by inserting after subsection (g) the following new 
        subsection (h):
    ``(h) Cancellation Ceilings.--
            ``(1) In general.--The Chief and the Director may obligate 
        funds to cover any potential cancellation or termination costs 
        for an agreement or contract under subsection (b) in stages 
        that are economically or programmatically viable.
            ``(2) Advance notice to congress of cancellation ceiling in 
        excess of $25,000,000.--Not later than 30 days before entering 
        into a multiyear agreement or contract under subsection (b) 
        that includes a cancellation ceiling in excess of $25,000,000, 
        but does not include proposed funding for the costs of 
        cancelling the agreement or contract up to such cancellation 
        ceiling, the Chief or the Director, as the case may be, shall 
        submit to the Committee on Energy and Natural Resources and the 
        Committee on Agriculture, Nutrition, and Forestry of the Senate 
        and the Committee on Natural Resources and the Committee on 
        Agriculture of the House of Representatives a written notice 
        that includes--
                    ``(A) the cancellation ceiling amounts proposed for 
                each program year in the agreement or contract;
                    ``(B) the reasons why such cancellation ceiling 
                amounts were selected;
                    ``(C) the extent to which the costs of contract 
                cancellation are not included in the budget for the 
                agreement or contract; and
                    ``(D) an assessment of the financial risk of not 
                including budgeting for the costs of agreement or 
                contract cancellation.
            ``(3) Transmittal of notice to omb.--Not later than 14 days 
        after the date on which written notice is provided under 
        paragraph (2) with respect to an agreement or contract under 
        subsection (b), the Chief or the Director, as the case may be, 
        shall transmit a copy of the notice to the Director of the 
        Office of Management and Budget.''.
    (b) Relation to Other Laws.--Section 604(d)(5) of the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 6591c(d)(5)) is amended by 
striking ``, the Chief may'' and inserting ``and section 2(a)(1) of the 
Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 
U.S.C. 602(a)(1)), the Chief and the Director may''.

SEC. 502. EXCESS OFFSET VALUE.

    Section 604(g)(2) of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6591c(g)(2)) is amended by striking subparagraphs (A) and 
(B) and inserting the following new subparagraphs:
                    ``(A) use the excess to satisfy any outstanding 
                liabilities for cancelled agreements or contracts; or
                    ``(B) if there are no outstanding liabilities under 
                subparagraph (A), apply the excess to other authorized 
                stewardship projects.''.

SEC. 503. PAYMENT OF PORTION OF STEWARDSHIP PROJECT REVENUES TO COUNTY 
              IN WHICH STEWARDSHIP PROJECT OCCURS.

    Section 604(e) of the Healthy Forest Restoration Act of 2003 (16 
U.S.C. 6591c(e)) is amended--
            (1) in paragraph (2)(B), by inserting ``subject to 
        paragraph (3)(A),'' before ``shall''; and
            (2) in paragraph (3)(A), by striking ``services received by 
        the Chief or the Director'' and all that follows through the 
        period at the end and inserting the following: ``services and 
        in-kind resources received by the Chief or the Director under a 
        stewardship contract project conducted under this section shall 
        not be considered monies received from the National Forest 
        System or the public lands, but any payments made by the 
        contractor to the Chief or Director under the project shall be 
        considered monies received from the National Forest System or 
        the public lands.''.

SEC. 504. SUBMISSION OF EXISTING ANNUAL REPORT.

    Subsection (j) of section 604 of the Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6591c), as redesignated by section 501(a)(1), is 
amended by striking ``report to the Committee on Agriculture, 
Nutrition, and Forestry of the Senate and the Committee on Agriculture 
of the House of Representatives'' and inserting ``submit to the 
congressional committees specified in subsection (h)(2) a report''.

 TITLE VI--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES

SEC. 601. DEFINITIONS.

    In this title:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State or political subdivision of a State 
                containing National Forest System lands or public 
                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 
                concerned to be appropriate for participation in the 
                Fund.
            (2) Fund.--The term ``Fund'' means the State-Supported 
        Forest Management Fund established by section 603.

SEC. 602. 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)), as amended by section 503, is further 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. 603. 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 or public 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 or public 
        lands for which the contribution may be expended; and
            (2) limit the types of forest management activities for 
        which the contribution may be expended.
    (d) Authorized Forest Management Activities.--In such amounts as 
may be provided in advance in appropriation Acts, the Secretary 
concerned may use the Fund to plan, carry out, and monitor 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.
    (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 concerned, 
but revenues generated by the forest management activity shall be used 
to 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.

        TITLE VII--TRIBAL FORESTRY PARTICIPATION AND PROTECTION

SEC. 701. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF STEWARDSHIP 
              END RESULT CONTRACTING AND OTHER AUTHORITIES.

    (a) Prompt Consideration of Tribal Requests.--Section 2(b) of the 
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended--
            (1) in paragraph (1), by striking ``Not later than 120 days 
        after the date on which an Indian tribe submits to the 
        Secretary'' and inserting ``In response to the submission by an 
        Indian tribe of''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Time periods for consideration.--
                    ``(A) Initial response.--Not later than 120 days 
                after the date on which the Secretary receives a tribal 
                request under paragraph (1), the Secretary shall 
                provide an initial response to the Indian tribe 
                regarding--
                            ``(i) whether the request may meet the 
                        selection criteria described in subsection (c); 
                        and
                            ``(ii) the likelihood of the Secretary 
                        entering into an agreement or contract with the 
                        Indian tribe under paragraph (2) for activities 
                        described in paragraph (3).
                    ``(B) Notice of denial.--Notice under subsection 
                (d) of the denial of a tribal request under paragraph 
                (1) shall be provided not later than one year after the 
                date on which the Secretary received the request.
                    ``(C) Completion.--Not later than two years after 
                the date on which the Secretary receives a tribal 
                request under paragraph (1), other than a tribal 
                request denied under subsection (d), the Secretary 
                shall--
                            ``(i) complete all environmental reviews 
                        necessary in connection with the agreement or 
                        contract and proposed activities under the 
                        agreement or contract; and
                            ``(ii) enter into the agreement or contract 
                        with the Indian tribe under paragraph (2).''.
    (b) Conforming and Technical Amendments.--Section 2 of the Tribal 
Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended--
            (1) in subsections (a)(1) and (f)(1), by striking ``section 
        347 of the Department of the Interior and Related Agencies 
        Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-
        277) (as amended by section 323 of the Department of the 
        Interior and Related Agencies Appropriations Act, 2003 (117 
        Stat. 275))'' and inserting ``section 604 of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6591c)''; and
            (2) in subsection (d), by striking ``subsection (b)(1), the 
        Secretary may'' and inserting ``paragraphs (1) and (4)(B) of 
        subsection (b), the Secretary shall''.

SEC. 702. MANAGEMENT OF INDIAN FOREST LAND AUTHORIZED TO INCLUDE 
              RELATED NATIONAL FOREST SYSTEM LANDS AND PUBLIC LANDS.

    Section 305 of the National Indian Forest Resources Management Act 
(25 U.S.C. 3104) is amended by adding at the end the following new 
subsection:
    ``(c) Inclusion of Certain National Forest System Land and Public 
Land.--
            ``(1) Authority.--At the request of an Indian tribe, the 
        Secretary concerned may treat Federal forest land as Indian 
        forest land for purposes of planning and conducting forest land 
        management activities under this section if the Federal forest 
        land is located within, or mostly within, a geographic area 
        that presents a feature or involves circumstances principally 
        relevant to that Indian tribe, such as Federal forest land 
        ceded to the United States by treaty, Federal forest land 
        within the boundaries of a current or former reservation, or 
        Federal forest land adjudicated to be tribal homelands.
            ``(2) Definitions.--In this subsection:
                    ``(A) Federal forest land.--The term `Federal 
                forest land' means--
                            ``(i) National Forest System lands derived 
                        from the public domain; and
                            ``(ii) public lands (as defined in section 
                        103(e) of the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1702(e))), 
                        including Coos Bay Wagon Road Grant lands 
                        reconveyed to the United States pursuant to the 
                        first section of the Act of February 26, 1919 
                        (40 Stat. 1179), and Oregon and California 
                        Railroad Grant lands.
                    ``(B) Secretary concerned.--The term `Secretary 
                concerned' means--
                            ``(i) the Secretary of Agriculture, with 
                        respect to the Federal forest land referred to 
                        in subparagraph (A)(i); and
                            ``(ii) the Secretary of the Interior, with 
                        respect to the Federal forest land referred to 
                        in subparagraph (A)(ii).''.

         TITLE VIII--MISCELLANEOUS FOREST MANAGEMENT PROVISIONS

SEC. 801. BALANCING SHORT- AND LONG-TERM EFFECTS OF FOREST MANAGEMENT 
              ACTIVITIES IN CONSIDERING INJUNCTIVE RELIEF.

    As part of its weighing the equities while considering any request 
for an injunction that applies to any agency action as part of a forest 
management activity under this Act, the court reviewing the agency 
action shall balance the impact to the ecosystem likely affected by the 
forest management activity of--
            (1) the short- and long-term effects of undertaking the 
        agency action; against
            (2) the short- and long-term effects of not undertaking the 
        action.

SEC. 802. CONDITIONS ON FOREST SERVICE ROAD DECOMMISSIONING.

    (a) Consultation With Affected County.--Whenever any Forest Service 
defined maintenance level one or two system road within a designated 
high fire prone area of a unit of the National Forest System is 
considered for decommissioning, the Forest Supervisor of that unit of 
the National Forest System shall--
            (1) consult with the government of the county containing 
        the road regarding the merits and possible consequences of 
        decommissioning the road; and
            (2) solicit possible alternatives to decommissioning the 
        road.
    (b) Regional Forester Approval.--A Forest Service road described in 
subsection (a) may not be decommissioned without the advance approval 
of the Regional Forester.

SEC. 803. PROHIBITION ON APPLICATION OF EASTSIDE SCREENS REQUIREMENTS 
              ON NATIONAL FOREST SYSTEM LANDS.

    On and after the date of the enactment of this Act, the Secretary 
of Agriculture may not apply to National Forest System lands any of the 
amendments to forest plans adopted in the Decision Notice for the 
Revised Continuation of Interim Management Direction Establishing 
Riparian, Ecosystem and Wildlife Standards for Timber Sales (commonly 
known as the Eastside Screens requirements), including all preceding or 
associated versions of these amendments.

SEC. 804. USE OF SITE-SPECIFIC FOREST PLAN AMENDMENTS FOR CERTAIN 
              PROJECTS AND ACTIVITIES.

    If the Secretary concerned determines that, in order to conduct a 
project or carry out an activity implementing a forest plan, an 
amendment to the forest plan is required, the Secretary concerned shall 
execute such amendment as a nonsignificant plan amendment through the 
record of decision or decision notice for the project or activity.

SEC. 805. KNUTSON-VANDENBERG ACT MODIFICATIONS.

    (a) Deposits of Funds From National Forest Timber Purchasers 
Required.--Section 3(a) of the Act of June 9, 1930 (commonly known as 
the Knutson-Vandenberg Act; 16 U.S.C. 576b(a)), is amended by striking 
``The Secretary'' and all that follows through ``any purchaser'' and 
inserting the following: ``The Secretary of Agriculture shall require 
each purchaser''.
    (b) Conditions on Use of Deposits.--Section 3 of the Act of June 9, 
1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is 
amended--
            (1) by striking ``Such deposits'' and inserting the 
        following:
    ``(b) Amounts deposited under subsection (a)'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting before subsection (d), as so redesignated, 
        the following new subsection (c):
    ``(c)(1) Amounts in the special fund established pursuant to this 
section--
            ``(A) shall be used exclusively to implement activities 
        authorized by subsection (a); and
            ``(B) may be used anywhere within the Forest Service Region 
        from which the original deposits were collected.
    ``(2) The Secretary of Agriculture may not deduct overhead costs 
from the funds collected under subsection (a), except as needed to fund 
personnel of the responsible Ranger District for the planning and 
implementation of the activities authorized by subsection (a).''.

SEC. 806. EXCLUSION OF CERTAIN NATIONAL FOREST SYSTEM LANDS AND PUBLIC 
              LANDS.

    Unless specifically provided by a provision of this Act, the 
authorities provided by this Act do not apply with respect to any 
National Forest System lands or public lands--
            (1) that are included in the National Wilderness 
        Preservation System;
            (2) that are located within an inventoried roadless area 
        unless the forest management activity to be carried out under 
        such authority is consistent with the forest plan applicable to 
        the area; or
            (3) on which timber harvesting for any purpose is 
        prohibited by statute.
                                 <all>