[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3085 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3085

To improve forest management activities on National Forest System land 
                and public land, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2016

  Mr. Roberts introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To improve forest management activities on National Forest System land 
                and public land, 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 ``Emergency Wildfire 
and Forest Management Act of 2016''.
    (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--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND

Sec. 101. Wildfire on Federal land.
Sec. 102. Declaration of a major disaster for wildfire on Federal land.
Sec. 103. Prohibition on transfers.
    TITLE II--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF 
    CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES

Sec. 201. Analysis of only 2 alternatives in proposed collaborative 
                            forest management activities.
Sec. 202. Categorical exclusion to expedite certain critical response 
                            actions.
Sec. 203. Categorical exclusion to expedite salvage operations in 
                            response to catastrophic events.
Sec. 204. Categorical exclusion to meet forest plan goals for early 
                            successional forests.
Sec. 205. Categorical exclusion to improve, restore, and reduce the 
                            risk of wildfire.
Sec. 206. Consideration of resource conditions for extraordinary 
                            circumstances.
Sec. 207. Compliance with forest plan.
Sec. 208. Roads.
Sec. 209. Exclusions.
TITLE III--SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS

Sec. 301. Expedited salvage operations and reforestation activities 
                            following large-scale catastrophic events.
Sec. 302. Compliance with forest plans.
Sec. 303. Exclusion of certain land.
 TITLE IV--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES

Sec. 401. Definitions.
Sec. 402. State-supported planning of forest management activities.
         TITLE V--TRIBAL FORESTRY PARTICIPATION AND PROTECTION

Sec. 501. Protection of tribal forest assets.
Sec. 502. Management of Indian forest land authorized to include 
                            related National Forest System land and 
                            public land.
Sec. 503. Tribal forest management demonstration project.
          TITLE VI--MISCELLANEOUS FOREST MANAGEMENT ACTIVITIES

Sec. 601. Balancing of impacts in considering injunctive relief.
Sec. 602. State and private forest landscape-scale restoration program.
Sec. 603. Pilot arbitration program.
Sec. 604. National Forest System accelerated landscape restoration 
                            pilot program.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Catastrophic event.--The term ``catastrophic event'' 
        means any natural disaster (such as a 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) Collaborative process.--The term ``collaborative 
        process'' means a process relating to the management of 
        National Forest System land or public land under which a 
        project or activity is developed and implemented--
                    (A) 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)); or
                    (B) under the Collaborative Forest Landscape 
                Restoration Program established under section 4003 of 
                the Omnibus Public Land Management Act of 2009 (16 
                U.S.C. 7303).
            (3) Community wildfire protection plan.--The term 
        ``community wildfire protection plan'' has the meaning given 
        that term in section 101 of the Healthy Forests Restoration Act 
        of 2003 (16 U.S.C. 6511).
            (4) Forest management activity.--The term ``forest 
        management activity'' means a project or activity carried out 
        by the Secretary concerned on National Forest System land or 
        public land in accordance with an applicable forest plan.
            (5) Forest plan.--The term ``forest plan'' means, as 
        applicable--
                    (A) a resource management plan prepared by the 
                Bureau of Land Management for public land 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).
            (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)).
            (7) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (8) Reforestation activity.--
                    (A) In general.--The term ``reforestation 
                activity'' means a project or activity carried out by 
                the Secretary concerned, the primary purpose of which 
                is the reforestation of impacted land following a 
                large-scale catastrophic event.
                    (B) Inclusions.--The term ``reforestation 
                activity'' includes--
                            (i) planting, evaluating, and enhancing 
                        natural regeneration;
                            (ii) clearing competing vegetation; and
                            (iii) any other activity relating to 
                        reestablishment of a forest species on fire-
                        impacted land.
            (9) Resource advisory committee.--The term ``resource 
        advisory committee'' has the meaning given that term in section 
        201 of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7121).
            (10) Salvage operation.--The term ``salvage operation'' 
        means a forest management activity carried out in response to a 
        catastrophic event, the primary purpose of which is--
                    (A)(i) to prevent wildfire as a result of the 
                catastrophic event; or
                    (ii) if the catastrophic event is a wildfire, to 
                prevent a reburn of the fire-impacted area;
                    (B) to provide an opportunity for use of any forest 
                material damaged as a result of the catastrophic event; 
                or
                    (C) to provide a funding source for reforestation 
                or other restoration activities for National Forest 
                System land or public land impacted by the catastrophic 
                event.
            (11) Secretaries.--The term ``Secretaries'' means the 
        Secretary of the Interior and the Secretary of Agriculture.
            (12) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System land; and
                    (B) the Secretary of the Interior, with respect to 
                public land.

          TITLE I--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND

SEC. 101. WILDFIRE ON FEDERAL LAND.

    Section 102 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122) is amended--
            (1) by redesignating paragraphs (3) through (12) as 
        paragraphs (4) through (13), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(2) Major disaster for wildfire on federal land.--The 
        term `major disaster for wildfire on Federal land' means any 
        wildfire or wildfires that in the determination of the 
        President in accordance with section 802 warrants assistance 
        under section 803 to supplement the efforts and resources of 
        the Secretary of the Interior or the Secretary of Agriculture--
                    ``(A) on Federal land; or
                    ``(B) on non-Federal land in accordance with a fire 
                protection agreement or cooperative agreement.''.

SEC. 102. DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND.

    The Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.) is amended by adding at the end the following:

       ``TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND

``SEC. 801. DEFINITIONS.

    ``In this title:
            ``(1) Federal land.--The term `Federal land' means--
                    ``(A) any land under the jurisdiction of the 
                Secretary of the Interior; and
                    ``(B) any land under the jurisdiction of the 
                Secretary of Agriculture, acting through the Chief of 
                the Forest Service.
            ``(2) Federal land management agencies.--The term `Federal 
        land management agencies' means--
                    ``(A) the Bureau of Land Management;
                    ``(B) the National Park Service;
                    ``(C) the Bureau of Indian Affairs;
                    ``(D) the United States Fish and Wildlife Service; 
                and
                    ``(E) the Forest Service.
            ``(3) Wildfire suppression operations.--The term `wildfire 
        suppression operations' means the emergency and unpredictable 
        aspects of wildland firefighting, including support, response, 
        emergency stabilization activities, and other emergency 
        management activities of wildland firefighting on Federal land, 
        or on non-Federal land in accordance with a fire protection 
        agreement or cooperative agreement, by the Federal land 
        management agencies covered by--
                    ``(A) the wildfire suppression subactivity of the 
                Wildland Fire Management account of the Federal land 
                management agencies; or
                    ``(B) the FLAME Wildfire Suppression Reserve Fund 
                account of the Federal land management agencies.

``SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR DISASTER FOR WILDFIRE 
              ON FEDERAL LAND.

    ``(a) In General.--The Secretary of the Interior or the Secretary 
of Agriculture may submit a request to the President in accordance with 
the requirements of this title for a declaration by the President that 
a major disaster for wildfire on Federal land exists.
    ``(b) Requirements.--A request for a declaration by the President 
that a major disaster for wildfire on Federal land exists shall--
            ``(1) be made in writing by the appropriate Secretary;
            ``(2) certify that the amount made available for the 
        current fiscal year for wildfire suppression operations of the 
        Federal land management agencies under the jurisdiction of the 
        appropriate Secretary, net of any concurrently enacted 
        rescissions of wildfire suppression funds, increases the total 
        unobligated balance of the amount available for wildfire 
        suppression by an amount not less than the average total cost 
        incurred by the Federal land management agencies per year for 
        wildfire suppression operations, including the suppression 
        costs in excess of amounts made available, during the previous 
        10 fiscal years;
            ``(3) certify that the amount available for wildfire 
        suppression operations of the Federal land management agencies 
        under the jurisdiction of the appropriate Secretary will be 
        obligated not later than 30 days after the date on which the 
        Secretary notifies the President that amounts for wildfire 
        suppression will be exhausted to fund ongoing and anticipated 
        wildfire suppression operations relating to the wildfire on 
        which the request is based; and
            ``(4) specify the amount required for the fiscal year 
        during which the request is made to fund wildfire suppression 
        operations relating to the wildfire on which the request is 
        based.
    ``(c) Declaration.--Based on the request of the appropriate 
Secretary in accordance with this title, the President may declare that 
a major disaster for wildfire on Federal land exists.

``SEC. 803. WILDFIRE ON FEDERAL LAND ASSISTANCE.

    ``(a) In General.--During a period for which the President has 
declared that a major disaster for wildfire on Federal land exists in 
accordance with this title, the President may transfer funds only from 
the account established in accordance with subsection (b) to the 
Secretary of the Interior or the Secretary of Agriculture to conduct 
wildfire suppression operations on--
            ``(1) Federal land; and
            ``(2) non-Federal land in accordance with a fire protection 
        agreement or cooperative agreement.
    ``(b) Wildfire Suppression Operations Account.--
            ``(1) In general.--The President shall establish a specific 
        account, to be known as the `wildfire suppression operations 
        account', for amounts that may be provided to the appropriate 
        Secretary to conduct wildfire suppression operations in 
        accordance with this title.
            ``(2) Limitation.--The account established in accordance 
        with paragraph (1) may only be used to provide amounts to the 
        appropriate Secretary to conduct wildfire suppression 
        operations in accordance with this title.
    ``(c) Limitation.--
            ``(1) Limitation of transfer.--
                    ``(A) In general.--The amounts available to the 
                appropriate Secretary to conduct wildfire suppression 
                operations in accordance with this title are limited to 
                the amount requested in accordance with section 
                802(b)(4).
                    ``(B) Wildfires suppression operations account.--
                Amounts available for transfer to the appropriate 
                Secretary to conduct wildfire suppression operations in 
                accordance with this title shall not exceed the amount 
                contained in the wildfire suppression operations 
                account.
            ``(2) Transfer of funds.--A transfer under subsection (a) 
        shall be made by the transfer of amounts from the wildfire 
        suppression operations account to the wildfire suppression 
        subactivity of the Wildland Fire Management Account.
    ``(d) Prohibition of Other Transfers.--Except as provided in this 
section, no amounts may be transferred to or from the wildfire 
suppression operations account to or from any other fund or account.
    ``(e) Reimbursement for Wildfire Suppression Operations on Non-
Federal Land.--If amounts transferred to the appropriate Secretary to 
conduct wildfire suppression operations in accordance with this title 
are used to conduct wildfire suppression operations on non-Federal 
land, the appropriate Secretary shall--
            ``(1) secure reimbursement for the cost of the wildfire 
        suppression operations conducted on the non-Federal land; and
            ``(2) transfer the amounts received under paragraph (1) to 
        the wildfire suppression operations account.
    ``(f) Annual Accounting and Reporting Requirements.--
            ``(1) In general.--Not later than 90 days after the last 
        day of each fiscal year for which the Secretary of the Interior 
        or the Secretary of Agriculture receives amounts to conduct 
        wildfire suppression operations in accordance with this title, 
        the appropriate Secretary shall submit to the committees 
        described in paragraph (2), and make available to the public, a 
        report that describes the following:
                    ``(A) The risk-based factors that influenced 
                management decisions regarding wildfire suppression 
                operations of the Federal land management agencies 
                under the jurisdiction of the Secretary.
                    ``(B) Specific discussion of a statistically 
                significant sample of large fires, in which each fire 
                is analyzed for--
                            ``(i) cost drivers;
                            ``(ii) the effectiveness of risk management 
                        techniques;
                            ``(iii) resulting positive or negative 
                        impacts of fire on the landscape;
                            ``(iv) the impact of any investments in 
                        preparedness;
                            ``(v) suggested corrective actions; and
                            ``(vi) such other factors as the Secretary 
                        considers appropriate.
                    ``(C) Total expenditures for wildfire suppression 
                operations of the Federal land management agencies 
                under the jurisdiction of the Secretary, including a 
                description of expenditures by--
                            ``(i) fire size;
                            ``(ii) cost;
                            ``(iii) regional location; and
                            ``(iv) such other factors as the Secretary 
                        considers appropriate.
                    ``(D) Lessons learned.
                    ``(E) Such other matters as the Secretary considers 
                appropriate.
            ``(2) Committees described.--The committees referred to in 
        paragraph (1) are--
                    ``(A) of the Senate--
                            ``(i) the Committee on Agriculture, 
                        Nutrition, and Forestry;
                            ``(ii) the Committee on Appropriations;
                            ``(iii) the Committee on the Budget;
                            ``(iv) the Committee on Energy and Natural 
                        Resources;
                            ``(v) the Committee on Homeland Security 
                        and Governmental Affairs; and
                            ``(vi) the Committee on Indian Affairs; and
                    ``(B) of the House of Representatives--
                            ``(i) the Committee on Agriculture;
                            ``(ii) the Committee on Appropriations;
                            ``(iii) the Committee on the Budget;
                            ``(iv) the Committee on Natural Resources; 
                        and
                            ``(v) the Committee on Transportation and 
                        Infrastructure.
    ``(g) Savings Provision.--Nothing in this title limits the ability 
of the Secretary of the Interior, the Secretary of Agriculture, an 
Indian tribe, or a State to receive assistance through a declaration 
made by the President under this Act if the criteria for that 
declaration have been satisfied.''.

SEC. 103. PROHIBITION ON TRANSFERS.

    No amounts may be transferred to or from the wildfire suppression 
subactivity of the Wildland Fire Management account or the FLAME 
Wildfire Suppression Reserve Fund account of the Federal land 
management agencies (as defined in section 801 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (as added by 
section 102)) to or from any other account or subactivity of those 
Federal land management agencies that is not used to cover the cost of 
wildfire suppression operations.

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

SEC. 201. ANALYSIS OF ONLY 2 ALTERNATIVES IN PROPOSED COLLABORATIVE 
              FOREST MANAGEMENT ACTIVITIES.

    (a) In General.--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--
            (1) that is--
                    (A) developed through a collaborative process; or
                    (B) covered by a community wildfire protection 
                plan; and
            (2) the primary purpose of which is--
                    (A) the reduction of hazardous fuel loads;
                    (B) the reduction of fuel connectivity through the 
                installation of fuel and fire breaks;
                    (C) the restoration of forest health and 
                resilience;
                    (D) the protection of a municipal water supply; or
                    (E) a combination of 2 or more purposes described 
                in subparagraphs (A) through (D).
    (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 2 alternatives:
            (1) The forest management activity, as proposed pursuant to 
        subsection (a).
            (2) The alternative of no action.
    (c) Elements of No 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;
                    (D) insect and disease potential; and
                    (E) other economic and social factors; and
            (2) the implications of a resulting decline, if any, 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.
    (d) Applicability.--This section shall not apply to--
            (1) any component of the National Wilderness Preservation 
        System; or
            (2) any National Forest System land or public land in which 
        the removal of vegetation is prohibited by an Act of Congress.

SEC. 202. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE 
              ACTIONS.

    (a) In General.--A categorical exclusion is available to the 
Secretary concerned to develop and carry out a forest management 
activity on National Forest System land or public land in any case in 
which--
            (1) the forest management activity is developed and 
        recommended through a collaborative process; and
            (2) the primary purpose of the forest management activity 
        is--
                    (A) to address an insect or disease infestation;
                    (B) to reduce hazardous fuel loads;
                    (C) to protect a municipal water supply system (as 
                defined in section 101 of the Healthy Forests 
                Restoration Act of 2003 (16 U.S.C. 6511));
                    (D) to maintain, enhance, or modify critical 
                habitat to protect the critical habitat from 
                catastrophic disturbances;
                    (E) to increase water yield; or
                    (F) any combination of the purposes specified in 
                subparagraphs (A) through (E).
    (b) Requirements.--A forest management activity covered by the 
categorical exclusion described in subsection (a)--
            (1) may not contain harvest units exceeding a total of 
        5,000 acres; and
            (2) shall consider the best available scientific 
        information.

SEC. 203. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN 
              RESPONSE TO CATASTROPHIC EVENTS.

    (a) In General.--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 land or public land 
following a catastrophic event.
    (b) Acreage Limitations.--
            (1) In general.--A salvage operation covered by the 
        categorical exclusion described in 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 described in subsection (a) may not exceed \1/3\ of 
        the area impacted by the catastrophic event.
    (c) 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 described in subsection 
(a).

SEC. 204. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR EARLY 
              SUCCESSIONAL FORESTS.

    (a) In General.--A categorical exclusion is available to the 
Secretary concerned to develop and carry out a forest management 
activity on National Forest System land or public land--
            (1) in any case in which the forest management activity is 
        developed and recommended through a collaborative process; and
            (2) 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) Project Goals.--To the maximum extent practicable, the 
Secretary concerned shall design a forest management activity under 
this section to meet early successional forest goals in such a manner 
so as to maximize production and regeneration of priority species, as 
identified in the forest plan and consistent with the capability of the 
activity site.
    (c) Requirements.--A forest management activity covered by the 
categorical exclusion described in subsection (a)--
            (1) may not contain harvest units exceeding a total of 
        5,000 acres; and
            (2) shall consider the best available scientific 
        information.

SEC. 205. CATEGORICAL EXCLUSION TO IMPROVE, RESTORE, AND REDUCE THE 
              RISK OF WILDFIRE.

    (a) Definitions.--In this section:
            (1) Hazardous fuels management.--The term ``hazardous fuels 
        management'' means any vegetation management activities that 
        reduce the risk of wildfire.
            (2) Late-season grazing.--The term ``late-season grazing'' 
        means grazing activities that occur during the period--
                    (A) beginning when both the invasive species and 
                native perennial species have completed the current-
                year annual growth cycle of the species; and
                    (B) ending when new plant growth begins to appear 
                in the following year.
            (3) Targeted livestock grazing.--The term ``targeted 
        livestock grazing'' means grazing used for purposes of 
        hazardous fuel reduction.
    (b) Availability of Categorical Exclusion.--A categorical exclusion 
is available to the Secretary concerned to carry out a forest 
management activity described in subsection (d) on National Forest 
System Land or public land--
            (1) in any case in which the forest management activity is 
        developed and recommended through a collaborative process; and
            (2) when the primary purpose of the activity on that land 
        is--
                    (A) to improve forest health;
                    (B) to restore forest health; or
                    (C) to reduce the risk of wildfire.
    (c) Acreage Limitations Requirements.--A forest management activity 
covered by the categorical exclusion described in subsection (b)--
            (1) may not exceed 5,000 acres; and
            (2) shall consider the best available scientific 
        information.
    (d) Authorized Activities.--The following activities may be carried 
out using a categorical exclusion described in subsection (b):
            (1) Removal of juniper trees, medusahead rye, conifer 
        trees, pinon pine trees, cheatgrass, and other noxious or 
        invasive weeds specified on Federal or State noxious weeds 
        lists through late-season livestock grazing, targeted livestock 
        grazing, prescribed burns, and mechanical treatments.
            (2) Performance of hazardous fuels management.
            (3) Creation of fuel and fire breaks.
            (4) Modification of existing fences so as to distribute 
        livestock and help improve wildlife habitat.
            (5) Installation of erosion control devices.
            (6) Construction of new and maintenance of permanent 
        infrastructure, including stock ponds, water catchments, and 
        water spring boxes used to benefit livestock and improve 
        wildlife habitat.
            (7) Performance of soil treatments, native and nonnative 
        seeding, and planting of and transplanting sagebrush, grass, 
        forb, shrub, and other species.
            (8) Use of herbicides, if the Secretary concerned 
        determines that the activity is otherwise conducted 
        consistently with agency procedures, including any forest plan 
        applicable to the area covered by the activity.

SEC. 206. CONSIDERATION OF RESOURCE CONDITIONS FOR EXTRAORDINARY 
              CIRCUMSTANCES.

    (a) Definition of Beneficial Effect.--In this section, the term 
``beneficial effect'' means long-term--
            (1) improvement in ecological or hydrological function and 
        health;
            (2) improvement in forest health;
            (3) reduction in the risk of catastrophic fire; or
            (4) protection of watersheds.
    (b) Extraordinary Circumstances.--Except as provided in subsection 
(c), the extraordinary circumstances procedures under section 220.6 of 
title 36, Code of Federal Regulations (or a successor regulation), 
shall apply to a proposal for--
            (1) a forest management activity that is categorically 
        excluded under this title from documentation in an 
        environmental impact statement or an environmental assessment 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.); or
            (2) a project that is categorically excluded under section 
        603(a)(1) of the Healthy Forests Restoration Act of 2013 (16 
        U.S.C. 6591b(a)(1)) from documentation in an environmental 
        impact statement or an environmental assessment under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
    (c) Consideration of Beneficial Effects.--
            (1) In general.--In determining whether extraordinary 
        circumstances exist relating to a proposal described in 
        subsection (b), or in an environmental impact statement or an 
        environmental assessment under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to a 
        proposal for a forest management activity, the Secretary shall 
        consider the beneficial effect of the proposed action on 
        sensitive species.
            (2) Effect of uncertainty.--Uncertainty of the Secretary 
        with respect to the degree of a beneficial effect under 
        paragraph (1) shall not preclude the use of a categorical 
        exclusion.

SEC. 207. COMPLIANCE WITH FOREST PLAN.

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

SEC. 208. ROADS.

    (a) Permanent Roads.--A project carried out under this title shall 
not include the construction of new permanent roads.
    (b) Existing Roads.--The Secretary concerned may carry out 
necessary maintenance of, repairs to, or reconstruction of an existing 
permanent road for the purposes of this title.
    (c) Temporary Roads.--The Secretary concerned shall decommission 
any temporary road constructed under this title not later than 3 years 
after the date on which the project is completed.

SEC. 209. EXCLUSIONS.

    This title does not apply to--
            (1) a component of the National Wilderness Preservation 
        System;
            (2) any Federal land on which, by Act of Congress, the 
        removal of vegetation is prohibited;
            (3) a congressionally designated wilderness study area; or
            (4) an area in which the activities authorized under this 
        title would be inconsistent with the applicable resource 
        management plan.

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

SEC. 301. EXPEDITED SALVAGE OPERATIONS AND REFORESTATION ACTIVITIES 
              FOLLOWING LARGE-SCALE CATASTROPHIC EVENTS.

    (a) Expedited Environmental Assessment.--Notwithstanding any other 
provision of law, an environmental assessment developed 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 land or public land adversely impacted by a 
large-scale catastrophic event that adversely impacts not less than 
5,000 acres of reasonably contiguous National Forest System land or 
public land shall be completed by not later than 90 days after the date 
of conclusion of the large-scale catastrophic event.
    (b) Expedited Implementation and Completion.--In the case of 
reforestation activities conducted on National Forest System land or 
public land adversely impacted by a large-scale catastrophic event that 
adversely impacts not less than 5,000 acres of reasonably contiguous 
National Forest System land or public land, the Secretary concerned 
shall achieve reforestation of not less than 75 percent of the impacted 
land by not later than 5 years after the date of conclusion of the 
large-scale catastrophic event.
    (c) Availability of Knutson-Vandenberg Funds.--Amounts in the 
special fund established under section 3 of the Act of June 9, 1930 
(commonly known as the ``Knutson-Vandenberg Act'') (16 U.S.C. 576b), 
shall be available to the Secretary of Agriculture for reforestation 
activities authorized by this title.
    (d) Timeline for Public Input Process.--
            (1) Process.--Notwithstanding any other provision of law, 
        in the case of a salvage operation or reforestation activity 
        proposed to be conducted on National Forest System land or 
        public land adversely impacted by a large-scale catastrophic 
        event that adversely impacts not less than 5,000 acres of 
        reasonably contiguous National Forest System land or public 
        land, the Secretary concerned shall allow a period of not less 
        than--
                    (A) 30 days for public scoping and comment;
                    (B) 15 days for filing an objection; and
                    (C) 15 days for agency response to the filing of an 
                objection.
            (2) Action on completion.--On completion of the process and 
        expiration of the total period required under paragraph (1), 
        the Secretary concerned shall implement the applicable salvage 
        operation or reforestation activity immediately.

SEC. 302. COMPLIANCE WITH FOREST PLANS.

    A salvage operation or reforestation activity authorized by this 
title shall be conducted in accordance with an applicable forest plan.

SEC. 303. EXCLUSION OF CERTAIN LAND.

    (a) In General.--In applying this title, the Secretary concerned 
may not carry out any salvage operation or reforestation activity on 
National Forest System land or public land--
            (1) that is included in the National Wilderness 
        Preservation System;
            (2) except as provided in subsection (b), that is located 
        within an inventoried roadless area; or
            (3) on which timber harvesting for any purpose is 
        prohibited by law.
    (b) Exception.--Notwithstanding subsection (a)(2), the Secretary 
may carry out a reforestation activity on National Forest System land 
or public land that is located within an inventoried roadless area if 
the reforestation activity is consistent with the applicable forest 
plan.

 TITLE IV--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES

SEC. 401. DEFINITIONS.

    In this title:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State or political subdivision of a State 
                that contains National Forest System land or public 
                land;
                    (B) a publicly chartered utility serving one or 
                more States or political subdivisions of a State;
                    (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 402.

SEC. 402. STATE-SUPPORTED PLANNING OF FOREST MANAGEMENT ACTIVITIES.

    (a) Establishment.--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 (especially as 
relating to compliance with section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2))), carrying out, 
and monitoring certain forest management activities on National Forest 
System land or public land.
    (b) Contents.--The 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 land or public land 
        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 Activities.--In such amounts as may be provided in 
advance in appropriation Acts, the Secretary concerned may use amounts 
in the Fund to plan, carry out, and monitor any forest management 
activity that is--
            (1) developed through a collaborative process;
            (2) proposed by a resource advisory committee; or
            (3) covered by a community wildfire protection plan.
    (e) Implementation Methods.--
            (1) In general.--A forest management activity carried out 
        using amounts in the Fund may be carried out pursuant to--
                    (A) a stewardship end result contracting project 
                authorized under section 604 of the Healthy Forests 
                Restoration Act of 2003 (16 U.S.C. 6591c);
                    (B) good neighbor authority under section 8206 of 
                the Agricultural Act of 2014 (16 U.S.C. 2113a) and 
                section 331 of the Department of the Interior and 
                Related Agencies Appropriations Act, 2001 (Public Law 
                106-291; 114 Stat. 996; 118 Stat. 3102; 123 Stat. 2961; 
                128 Stat. 341);
                    (C) a contract under section 14 of the National 
                Forest Management Act of 1976 (16 U.S.C. 472a); or
                    (D) any other authority available to the Secretary 
                concerned.
            (2) Use of revenues.--Any revenue generated by a forest 
        management activity described in paragraph (1) 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 to be monies received 
        from the National Forest System.
            (2) Knutson-vandenberg act.--The Act of June 9, 1930 
        (commonly known as the ``Knutson-Vandenberg Act'') (16 U.S.C. 
        576 et seq.), shall apply to a forest management activity 
        carried out using amounts in the Fund.
    (g) Termination of Fund.--
            (1) In general.--The Fund shall terminate on September 30, 
        2018.
            (2) Effect.--On the termination of the Fund under paragraph 
        (1), or pursuant to any other law, any unobligated contribution 
        remaining in the Fund shall be returned to the eligible entity 
        that made the contribution.

         TITLE V--TRIBAL FORESTRY PARTICIPATION AND PROTECTION

SEC. 501. PROTECTION OF TRIBAL FOREST ASSETS.

    (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 to the Secretary of''; and
            (2) by adding at the end the following:
            ``(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.--A notice under subsection 
                (d) of the denial of a tribal request under paragraph 
                (1) shall be provided to the Indian tribe by not later 
                than 1 year after the date on which the Secretary 
                receives the request.
                    ``(C) Completion.--Not later than 2 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 (b)(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))'' each place it appears and inserting ``section 604 
        of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
        6591c)''; and
            (2) in subsection (d), in the matter preceding paragraph 
        (1), by striking ``subsection (b)(1), the Secretary may'' and 
        inserting ``paragraphs (1) and (4)(B) of subsection (b), the 
        Secretary shall''.

SEC. 502. MANAGEMENT OF INDIAN FOREST LAND AUTHORIZED TO INCLUDE 
              RELATED NATIONAL FOREST SYSTEM LAND AND PUBLIC LAND.

    Section 305 of the National Indian Forest Resources Management Act 
(25 U.S.C. 3104) is amended by adding at the end the following:
    ``(c) Inclusion of Certain National Forest System Land and Public 
Land.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Federal forest land.--The term `Federal 
                forest land' means--
                            ``(i) National Forest System land; and
                            ``(ii) public lands (as defined in section 
                        103 of the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1702)), including--
                                    ``(I) Coos Bay Wagon Road Grant 
                                land reconveyed to the United States 
                                pursuant to the first section of the 
                                Act of February 26, 1919 (40 Stat. 
                                1179, chapter 47); and
                                    ``(II) Oregon and California 
                                Railroad Grant land.
                    ``(B) Secretary concerned.--The term `Secretary 
                concerned' means--
                            ``(i) the Secretary of Agriculture, with 
                        respect to the Federal forest land described in 
                        subparagraph (A)(i); and
                            ``(ii) the Secretary of the Interior, with 
                        respect to the Federal forest land described in 
                        subparagraph (A)(ii).
            ``(2) Authority.--
                    ``(A) In general.--On request of an Indian tribe, 
                the Secretary concerned may treat Federal forest land 
                described in subparagraph (B) as Indian forest land for 
                purposes of planning and conducting forest land 
                management activities under this section.
                    ``(B) Federal forest land described.--Federal 
                forest land referred to in subparagraph (A) is Federal 
                forest land that is located within, or mostly within, a 
                geographic area that presents a feature or involves 
                circumstances principally relevant to the Indian tribe 
                making the request, including Federal forest land--
                            ``(i) ceded to the United States by treaty;
                            ``(ii) located within the boundaries of a 
                        current or former Indian reservation; or
                            ``(iii) adjudicated to be tribal homeland.
            ``(3) Requirements.--As part of an agreement to treat 
        Federal forest land as Indian forest land under paragraph (2), 
        the Secretary concerned and the Indian tribe making the request 
        shall--
                    ``(A) provide for continued public access 
                applicable to the Federal forest land prior to the date 
                of the agreement, except that the Secretary concerned 
                may limit or prohibit that access as necessary;
                    ``(B) continue sharing revenue generated by the 
                Federal forest land with State and local governments 
                either--
                            ``(i) on the terms applicable to the 
                        Federal forest land prior to the date of the 
                        agreement, including, as applicable, 25-percent 
                        payments or 50-percent payments; or
                            ``(ii) at the option of the Indian tribe, 
                        on terms agreed to by the Indian tribe, the 
                        Secretary concerned, and State and local 
                        governments participating in a revenue sharing 
                        agreement applicable to the Federal forest 
                        land;
                    ``(C) comply with applicable prohibitions on the 
                export of unprocessed logs harvested from the Federal 
                forest land;
                    ``(D) recognize all right-of-way agreements in 
                effect on the Federal forest land prior to the 
                commencement of tribal forest land management 
                activities; and
                    ``(E) ensure that any commercial timber removed 
                from the Federal forest land is sold on a competitive 
                bid basis.
            ``(4) Effect.--The treatment of Federal forest land as 
        Indian forest land for purposes of planning and conducting 
        forest land management activities pursuant to paragraph (2) 
        does not designate the Federal forest land as Indian forest 
        land for any other purpose.''.

SEC. 503. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.

    The Secretary of the Interior or the Secretary of Agriculture may 
carry out a demonstration project pursuant to which a federally 
recognized Indian tribe or tribal organization may enter into a 
contract to carry out administrative, management, or other functions of 
programs of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a), 
through a contract entered into under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.).

          TITLE VI--MISCELLANEOUS FOREST MANAGEMENT ACTIVITIES

SEC. 601. BALANCING OF IMPACTS IN CONSIDERING INJUNCTIVE RELIEF.

    A court reviewing an agency action relating to a forest management 
activity under this Act for a request for an order to enjoin the agency 
action shall, as part of the balancing of interests, balance--
            (1) the short- and long-term impacts on each ecosystem 
        likely to be affected by the forest management activity if the 
        agency action is undertaken; against
            (2) the short- and long-term impacts on each ecosystem 
        likely to be affected by the forest management activity if the 
        agency action is not undertaken.

SEC. 602. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION PROGRAM.

    (a) In General.--Section 13A of the Cooperative Forestry Assistance 
Act of 1978 (16 U.S.C. 2109a) is amended to read as follows:

``SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION 
              PROGRAM.

    ``(a) Purpose.--The purpose of this section is to encourage 
collaborative, science-based restoration of priority forest landscapes 
and help manage forest resources that are at risk of catastrophic 
wildfire, invasive species, insect infestations and disease, and any 
other threats that degrade the vitality of forest ecosystems.
    ``(b) Definitions.--In this section:
            ``(1) Beginning forest owner.--The term `beginning forest 
        owner' means a person who is in the first 10 years of ownership 
        of nonindustrial private forest land.
            ``(2) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(3) Nonindustrial private forest land.--The term 
        `nonindustrial private forest land' means land that--
                    ``(A) is rural, as determined by the Secretary;
                    ``(B) has existing tree cover or is suitable for 
                growing trees; and
                    ``(C) is owned by any private individual, group, 
                association, corporation, Indian tribe, or other 
                private legal entity.
            ``(4) State forest land.--The term `State forest land' 
        means land that--
                    ``(A) is rural, as determined by the Secretary; and
                    ``(B) is under State or local governmental 
                ownership and considered to be non-Federal forest land.
    ``(c) Establishment.--The Secretary, in consultation with State 
Foresters or appropriate State agencies, shall establish a competitive 
grant program to provide financial and technical assistance--
            ``(1) to encourage active forest management on cross-
        boundary priority forest landscapes, including land owned by 
        beginning and previously unengaged forest owners, for the 
        purpose of maintaining forest health;
            ``(2) to protect forests from natural threats and wildfire;
            ``(3) to enhance public benefits from forests;
            ``(4) to conserve and manage working forest landscapes for 
        multiple values and uses; and
            ``(5) to advance priorities in statewide forest assessment 
        and resource strategies.
    ``(d) Eligibility.--To be eligible to receive a grant under this 
section, an applicant shall submit to the Secretary, through the State 
forester or appropriate State agency, a State and private forest 
landscape-scale restoration proposal based on a restoration strategy 
that is--
            ``(1) complete or substantially complete;
            ``(2) for a multiyear period;
            ``(3) comprised of nonindustrial private forest land or 
        State forest land;
            ``(4) accessible by wood-processing infrastructure; and
            ``(5) based on the best available science.
    ``(e) Plan Criteria.--A State and private forest landscape-scale 
restoration proposal submitted under this section shall include plans--
            ``(1) to reduce the risk of uncharacteristic wildfires, 
        including hazardous fuels treatment;
            ``(2) to improve fish and wildlife habitats, including the 
        habitats of threatened and endangered species;
            ``(3) to maintain or improve water quality and watershed 
        function;
            ``(4) to mitigate invasive species, insect infestation, and 
        disease;
            ``(5) to improve important forest ecosystems;
            ``(6) to measure ecological and economic benefits, 
        including air quality and soil quality and productivity;
            ``(7) to prioritize a State forest action plan;
            ``(8) to utilize and advance production of renewable 
        energy; and
            ``(9) to take other relevant actions, as determined by the 
        Secretary.
    ``(f) Priorities.--In making grants under this section, the 
Secretary shall give priority to plans that--
            ``(1) further a statewide forest assessment and resource 
        strategy;
            ``(2) promote cross boundary landscape collaboration; and
            ``(3) leverage public and private resources.
    ``(g) Collaboration and Consultation.--The Chief of the Forest 
Service, the Chief of the Natural Resources Conservation Service, and 
relevant stakeholders shall collaborate and consult on an ongoing basis 
regarding administration of the program established under this section 
and identifying other applicable resources towards landscape-scale 
restoration.
    ``(h) Matching Funds Required.--As a condition of receiving a grant 
under this section, the Secretary shall require the recipient of the 
grant to provide funds or in-kind support from non-Federal sources in 
an amount that is at least equal to the amount provided by the Federal 
Government.
    ``(i) Coordination and Proximity Encouraged.--In making grants 
under this section, the Secretary may consider coordination with and 
proximity to other landscape-scale projects on other land under the 
jurisdiction of the Secretary, the Secretary of the Interior, or a 
Governor of a State, including under--
            ``(1) the Collaborative Forest Landscape Restoration 
        Program established under section 4003 of the Omnibus Public 
        Land Management Act of 2009 (16 U.S.C. 7303);
            ``(2) landscape areas designated for insect and disease 
        treatments under section 602 of the Healthy Forests Restoration 
        Act of 2003 (16 U.S.C. 6591a);
            ``(3) good neighbor authority under section 8206 of the 
        Agricultural Act of 2014 (16 U.S.C. 2113a) and section 331 of 
        the Department of the Interior and Related Agencies 
        Appropriations Act, 2001 (Public Law 106-291; 114 Stat. 996; 
        118 Stat. 3102, 123 Stat. 2961; 128 Stat. 341);
            ``(4) stewardship end result contracting projects 
        authorized under section 604 of the Healthy Forests Restoration 
        Act of 2003 (16 U.S.C. 6591c);
            ``(5) appropriate State-level programs; and
            ``(6) other relevant programs, as determined by the 
        Secretary.
    ``(j) Regulations.--The Secretary shall promulgate such regulations 
as the Secretary determines necessary to carry out this section.
    ``(k) Report.--Not later than 3 years after the date of enactment 
of this section, the Secretary shall submit to the Committee on 
Agriculture of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate a report on the 
status of development, execution, and administration of selected 
projects, accounting of program funding expenditures, and specific 
accomplishments that have resulted from landscape-scale projects.
    ``(l) Fund.--
            ``(1) In general.--There is established in the Treasury of 
        the United States a fund, to be known as the `State and Private 
        Forest Landscape-Scale Restoration Fund' (referred to in this 
        subsection as the `Fund'), to be used by the Secretary to make 
        grants under this section.
            ``(2) Contents.--The Fund shall consist of such amounts as 
        are appropriated to the Fund under paragraph (3).
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Fund $40,000,000 for each fiscal year 
        beginning with the first full fiscal year after the date of 
        enactment of the Emergency Wildfire and Forest Management Act 
        of 2016 through fiscal year 2018, to remain available until 
        expended.''.
    (b) Conforming Amendments.--
            (1) Section 13B of the Cooperative Forestry Assistance Act 
        of 1978 (16 U.S.C. 2109b) is repealed.
            (2) Section 19(a)(4)(C) of the Cooperative Forestry 
        Assistance Act of 1978 (16 U.S.C. 2113(a)(4)(C)) is amended by 
        striking ``sections 13A and 13B'' and inserting ``section 
        13A''.

SEC. 603. PILOT ARBITRATION PROGRAM.

    (a) Definitions.--In this section:
            (1) Natural disaster.--The term ``natural disaster'' mean a 
        wildfire, hurricane or excessive winds, drought, ice storm or 
        blizzard, flood, or other resource-impacting event, as 
        determined by the Secretary.
            (2) Program.--The term ``program'' means the pilot 
        arbitration program established by the Secretary under 
        subsection (b).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Establishment.--
            (1) In general.--The Secretary shall establish within the 
        Forest Service a pilot arbitration program to designate any of 
        the projects described in subsection (c) for an alternative 
        dispute resolution process to replace judicial review of the 
        projects.
            (2) Designation process.--The Secretary shall--
                    (A) establish a process for the designation of 
                projects for the program in accordance with this 
                section; and
                    (B) publish in the Federal Register the designation 
                process described in subparagraph (A).
    (c) Description of Projects.--The Secretary may designate for the 
program projects that--
            (1) are developed through a collaborative process;
            (2) are proposed by a resource advisory committee;
            (3)(A) are necessary to address damage caused by a natural 
        disaster on National Forest System land that, if not treated--
                    (i) would impair or endanger the natural resources 
                on the National Forest System land; and
                    (ii) would materially affect future use of the 
                National Forest System land; and
            (B) would restore forest health and forest-related 
        resources on the National Forest System land described in 
        subparagraph (A);
            (4) respond to natural disasters;
            (5) address insect or disease infestation;
            (6) are carried out under the Tribal Forest Protection Act 
        of 2004 (25 U.S.C. 3115a); or
            (7) are carried out under community wildfire protection 
        plans (as defined in section 101 of the Healthy Forest 
        Restoration Act of 2003 (16 U.S.C. 6511)).
    (d) Limitation of Projects.--Not more than 10 projects described in 
subsection (c) may be designated for the program in any applicable 
calendar year.
    (e) Termination of Authority.--The authority to designate a project 
described in subsection (c) for the program terminates on October 1, 
2018.
    (f) Demand for Arbitration.--
            (1) In general.--Subject to paragraph (2), an individual or 
        entity--
                    (A) may file a demand for arbitration regarding a 
                project described in subsection (c) that has been 
                designated for the program under subsection (b) in 
                accordance with subchapter IV of chapter 5 of title 5, 
                United States Code; and
                    (B) if a demand for arbitration is filed under 
                subparagraph (A), shall include in the demand for 
                arbitration a proposal for an alternative to the 
                project that describes each modification sought with 
                respect to the project.
            (2) Requirement.--A demand for arbitration may only be 
        filed under paragraph (1) by an individual or entity that--
                    (A) participated in a collaborative process;
                    (B) developed or implemented the project with a 
                resource advisory committee; or
                    (C) the Secretary approves to file a demand for 
                arbitration.
    (g) Responsibilities of Arbitrator.--
            (1) In general.--An arbitrator shall make a decision on 
        each demand for arbitration under this section by selecting 
        only--
                    (A) the project, as approved by the Secretary; or
                    (B) a proposal submitted by an individual or entity 
                under subsection (f)(1)(B).
            (2) Limitations.--
                    (A) Administrative record.--A decision of an 
                arbitrator under this subsection shall be based solely 
                on the administrative record for the project.
                    (B) No modifications to proposals.--An arbitrator 
                may not modify any proposal contained in a demand for 
                arbitration under this section.
                    (C) Decision requirements.--A decision of an 
                arbitrator under this subsection shall be--
                            (i) within the authority of the Secretary; 
                        and
                            (ii) consistent with each applicable forest 
                        plan.
    (h) Effect of Arbitration Decision.--A decision of an arbitrator 
under this section--
            (1) shall not be considered to be a major Federal action;
            (2) shall be binding; and
            (3) shall not be subject to judicial review, except as 
        provided in section 10(a) of title 9, United States Code.

SEC. 604. NATIONAL FOREST SYSTEM ACCELERATED LANDSCAPE RESTORATION 
              PILOT PROGRAM.

    (a) In General.--Title VI of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6591 et seq.) is amended by adding at the end the 
following:

``SEC. 605. NATIONAL FOREST SYSTEM ACCELERATED LANDSCAPE RESTORATION 
              PILOT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Collaborative group.--The term `collaborative group' 
        means a group of individuals, operating in a transparent and 
        inclusive manner, that represent a balance of the interests of 
        entities including--
                    ``(A) conservation organizations;
                    ``(B) timber and forest products organizations;
                    ``(C) local and tribal governments;
                    ``(D) community organizations; and
                    ``(E) other multiple-use groups with an interest in 
                the National Forest System, as determined by the 
                Secretary.
            ``(2) Designated landscape.--The term `designated 
        landscape' means a landscape-scale area designated for the 
        pilot program under subsection (b)(2).
            ``(3) Forest health.--The term `forest health' means the 
        state in which a forest--
                    ``(A)(i) is durable, resilient, and less prone to 
                wildfire, insect, or pathogen outbreaks of a severity, 
                size, or quantity that exceeds the natural range of 
                variation, taking into account the anticipated future 
                conditions of the forest;
                    ``(ii) supports--
                            ``(I) ecosystem services and functions; and
                            ``(II) populations of native plant species; 
                        and
                    ``(iii) allows for natural disturbances; or
                    ``(B) can maintain or develop, within acceptable 
                ranges, regimes of--
                            ``(i) species composition;
                            ``(ii) ecosystem function and structure;
                            ``(iii) hydrologic function; and
                            ``(iv) sediment.
            ``(4) Pilot program.--The term `pilot program' means the 
        National Forest System accelerated landscape restoration pilot 
        program established by the Secretary under subsection (b)(1).
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.
    ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish a National 
        Forest System accelerated landscape restoration pilot program 
        to restore or maintain designated landscapes.
            ``(2) Designation.--The Secretary, acting through the Chief 
        of the Forest Service, shall, in accordance with this 
        subsection, designate for the pilot program not fewer than 10 
        landscape-scale areas within the National Forest System (as 
        defined in section 11(a) of the Forest and Rangeland Renewable 
        Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
            ``(3) Eligibility.--Each designated landscape shall--
                    ``(A) include not less than 75,000 acres and not 
                more than 1,000,000 acres;
                    ``(B) be identified by a collaborative group;
                    ``(C) not include any inventoried roadless area; 
                and
                    ``(D) include forests that--
                            ``(i) are not in a state of forest health;
                            ``(ii) are at increased risk of high-
                        severity wildfire; or
                            ``(iii) are at increased risk of an insect 
                        or disease infestation.
            ``(4) Consideration.--
                    ``(A) In general.--In designating landscape-scale 
                areas for the pilot program under paragraph (2), the 
                Secretary shall--
                            ``(i) prioritize landscape-scale areas in 
                        which social, ecological, and economic 
                        conditions support landscape-scale restoration; 
                        and
                            ``(ii) consider the factors described in 
                        subparagraph (B).
                    ``(B) Factors.--The factors referred to in 
                subparagraph (A)(ii) are the following factors:
                            ``(i) The existence of strong collaborative 
                        support for landscape-scale restoration.
                            ``(ii) The ecological conditions that are 
                        conducive to landscape-scale decisions, such as 
                        broad categories of land that would benefit 
                        from similar restoration treatments.
                            ``(iii) Economic conditions, such as the 
                        existence of infrastructure in proximity to the 
                        landscape-scale area that can make economic use 
                        of the forest byproducts of restoration.
                            ``(iv) The extent to which the landscape-
                        scale area is important to support, maintain, 
                        or improve water quality and watershed 
                        function.
                            ``(v) Other considerations, as determined 
                        by the Secretary.
            ``(5) Public notice.--
                    ``(A) Initial notice.--Not later than 90 days after 
                the date of enactment of this Act, the Secretary shall 
                publish in the Federal Register a notice of the process 
                for the designation of landscape-scale areas for the 
                pilot program under paragraph (2).
                    ``(B) Final notice.--Not later than 1 year after 
                the date of enactment of this section, the Secretary 
                shall publish in the Federal Register a notice 
                describing--
                            ``(i) each designated landscape;
                            ``(ii) the rationale for designating, in 
                        accordance with the requirements described in 
                        paragraph (3), each designated landscape;
                            ``(iii) any collaborative group used to 
                        identify a designated landscape;
                            ``(iv) an overview of any forest health 
                        problem with respect to each designated 
                        landscape;
                            ``(v) a discussion of the purpose of, and 
                        need for, restoration of each designated 
                        landscape;
                            ``(vi) a summary of the management actions 
                        necessary to achieve restoration of each 
                        designated landscape;
                            ``(vii) findings relating to the short-term 
                        and long-term risks and impacts of no action 
                        compared to restoration of each designated 
                        landscape; and
                            ``(viii) a notice of intent to prepare an 
                        environmental impact statement for treatment 
                        within each designated landscape.
    ``(c) Landscape-Scale Environmental Impact Statement.--The 
Secretary shall prepare, for each designated landscape, a landscape-
scale environmental impact statement for purposes of compliance with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
that--
            ``(1) is commensurate with the geographic scope of the 
        designated landscape;
            ``(2) is sufficient to allow--
                    ``(A) project-scale implementation;
                    ``(B) adaptive management, including site-specific 
                options, to ensure that project implementation stays 
                within the documented range of impacts;
                    ``(C) site descriptions or land allocations that 
                identify locations within the landscape in which 
                specific restoration or maintenance treatments can be 
                used appropriately; and
                    ``(D) standards and guidelines, consistent with the 
                appropriate forest plan and project-level design 
                criteria, for management or other project activities; 
                and
            ``(3) includes--
                    ``(A) an identification of any forest health 
                problem;
                    ``(B) an identification of the purpose of the 
                treatment, and need, to restore to more resilient and 
                healthy conditions, or to maintain, forest health in 
                the designated landscape;
                    ``(C) an estimate of the time needed to satisfy the 
                purpose and need described in subparagraph (B) and the 
                scale of the restoration or maintenance treatment 
                needed to satisfy that purpose and need;
                    ``(D) a description of potential restoration or 
                maintenance treatment that would contribute to the 
                satisfaction of the purpose and need described in 
                subparagraph (B); and
                    ``(E) a description of possible changes in 
                circumstances or new information that would require 
                supplemental documentation under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.).
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $40,000,000 for each fiscal year 
beginning with the first full fiscal year after the date of enactment 
of the Emergency Wildfire and Forest Management Act of 2016 through 
fiscal year 2018.''.
    (b) Conforming Amendment.--The table of contents for the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. prec. 6501) is amended by 
adding at the end of the items relating to title VI the following:

``Sec. 602. Designation of treatment areas.
``Sec. 603. Administrative review.
``Sec. 604. Stewardship end result contracting projects.
``Sec. 605. National Forest System accelerated landscape restoration 
                            pilot program.''.
                                 <all>