[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2936 Referred in Senate (RFS)]
<DOC>
115th CONGRESS
1st Session
H. R. 2936
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 2, 2017
Received; read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
_______________________________________________________________________
AN ACT
To expedite under the National Environmental Policy Act of 1969 and
improve forest management activities on National Forest System lands,
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 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Rule of application for National Forest System lands and public
lands.
TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF
CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
Subtitle A--Analysis of Proposed Collaborative Forest Management
Activities
Sec. 101. Analysis of only two alternatives (action versus no action)
in proposed collaborative forest management
activities.
Subtitle B--Categorical Exclusions
Sec. 111. Categorical exclusion to expedite certain critical response
actions.
Sec. 112. Categorical exclusion to expedite salvage operations in
response to catastrophic events.
Sec. 113. Categorical exclusion to meet forest plan goals for early
successional forests.
Sec. 114. Categorical exclusion for road side projects.
Sec. 115. Categorical exclusion to improve or restore National Forest
System Lands or public land or reduce the
risk of wildfire.
Subtitle C--General Provisions for Forest Management Activities
Sec. 121. Compliance with forest plans.
Sec. 122. Consultation under the National Historic Preservation Act.
Sec. 123. Consultation under the Endangered Species Act.
Sec. 124. Forest management activities considered non-discretionary
actions.
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.
TITLE III--FOREST MANAGEMENT LITIGATION
Subtitle A--General Litigation Provisions
Sec. 301. No attorney fees for forest management activity challenges.
Sec. 302. Injunctive relief.
Subtitle B--Forest Management Activity Arbitration Pilot Program
Sec. 311. Use of arbitration instead of litigation to address
challenges to 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.
Sec. 405. Treatment as supplemental funding.
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.
Sec. 505. Fire liability provision.
Sec. 506. Extension of stewardship contracting maximum term limits.
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.
Sec. 703. Tribal forest management demonstration project.
Sec. 704. Rule of application.
TITLE VIII-- EXPEDITING INTERAGENCY CONSULTATION
Subtitle A--Forest Plans Not Considered Major Federal Actions
Sec. 801. Forest plans not considered major Federal actions.
Subtitle B--Agency Consultation
Sec. 811. Consultation under Forest and Rangeland Renewable Resources
Planning Act of 1974.
Sec. 812. Consultation under Federal Land Policy and Management Act of
1976.
TITLE IX--MISCELLANEOUS
Subtitle A--Forest Management Provisions
Sec. 901. Clarification of existing categorical exclusion authority
related to insect and disease infestation.
Sec. 902. Revision of alternate consultation agreement regulations.
Sec. 903. Revision of extraordinary circumstances regulations.
Sec. 904. Conditions on Forest Service road decommissioning.
Sec. 905. Prohibition on application of Eastside Screens requirements
on National Forest System lands.
Sec. 906. Use of site-specific forest plan amendments for certain
projects and activities.
Sec. 907. Knutson-Vandenberg Act modifications.
Sec. 908. Application of Northwest Forest Plan Survey and Manage
Mitigation Measure Standard and Guidelines.
Sec. 909. Reconstruction and repair included in good neighbor
agreements.
Sec. 910. Logging and mechanized operations.
Sec. 910A. Study on use of unmanned aerial vehicles to support wildland
fire response and management.
Sec. 910B. Pilot project for forest health, watershed improvement, and
habitat restoration in New Mexico.
Subtitle B--Oregon and California Railroad Grant Lands and Coos Bay
Wagon Road Grant Lands
Sec. 911. Amendments to the Act of August 28, 1937.
Sec. 912. Oregon and California Railroad Grant Lands and Coos Bay Wagon
Road Grant lands permanent rights of
access.
Sec. 913. Management of Bureau of Land Management lands in Western
Oregon.
Subtitle C--Timber Innovation
Sec. 921. Definitions.
Sec. 922. Clarification of research and development program for wood
building construction.
TITLE X--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
Sec. 1001. Wildfire on Federal lands.
Sec. 1002. Declaration of a major disaster for wildfire on Federal
lands.
Sec. 1003. Prohibition on transfers.
TITLE XI--DISASTER RELIEF AND WILDFIRE ADJUSTMENT
Sec. 1101. Increase in maximum adjustment to accommodate wildfire
funding.
SEC. 2. DEFINITIONS.
In titles I through IX:
(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) 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 forest management 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)).
(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) 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).
(5) 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 consistent with the forest plan covering the
lands.
(6) 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).
(7) 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, as determined by the
Secretary concerned.
(8) 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)).
(9) 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).
(10) Public lands.--The term ``public lands'' has the
meaning given that term in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702), except that
the term includes Coos Bay Wagon Road Grant lands and Oregon
and California Railroad Grant lands.
(11) Reforestation activity.--The term ``reforestation
activity'' means a project or forest management activity
carried out by the Secretary concerned whose primary purpose is
the reforestation of impacted lands following a large-scale
catastrophic event. The term includes planting, evaluating and
enhancing natural regeneration, clearing competing vegetation,
and other activities related to reestablishment of forest
species on the impacted lands.
(12) 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).
(13) Salvage operation.--The term ``salvage operation''
means a forest management activity and restoration activities
carried out in response to a catastrophic event where the
primary purpose is--
(A) 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) to provide an opportunity for utilization of
forest materials damaged as a result of the
catastrophic event; or
(C) 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.
(14) 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.
SEC. 3. RULE OF APPLICATION FOR NATIONAL FOREST SYSTEM LANDS AND PUBLIC
LANDS.
Unless specifically provided by a provision of titles I through IX,
the authorities provided by such titles 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 a national or State-specific
inventoried roadless area established by the Secretary of
Agriculture through regulation, unless--
(A) the forest management activity to be carried
out under such authority is consistent with the forest
plan applicable to the area; or
(B) the Secretary concerned determines the activity
is allowed under the applicable roadless rule governing
such lands; or
(3) on which timber harvesting for any purpose is
prohibited by Federal statute.
TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF
CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
Subtitle A--Analysis of Proposed Collaborative 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 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) for a forest
management activity that--
(1) is developed through a collaborative process;
(2) is proposed by a resource advisory committee;
(3) will occur on lands identified by the Secretary
concerned as suitable for timber production;
(4) will occur on lands designated by the Secretary (or
designee thereof) pursuant to section 602(b) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591a(b)),
notwithstanding whether such forest management activity is
initiated prior to September 30, 2018; or
(5) 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.
(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 consider
whether to evaluate--
(1) the effect of no action on--
(A) forest health;
(B) habitat diversity;
(C) wildfire potential;
(D) insect and disease potential; and
(E) timber production; 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 supply in the project area;
(B) wildlife habitat loss; and
(C) other economic and social factors.
Subtitle B--Categorical Exclusions
SEC. 111. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE
ACTIONS.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated under this
section for a categorical exclusion are forest management activities
carried out by the Secretary concerned on National Forest System lands
or public lands where the primary purpose of such 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).
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) 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 established under
subsection (a) may not contain treatment units exceeding a
total of 10,000 acres.
(2) Larger areas authorized.--A forest management activity
covered by the categorical exclusion established under
subsection (a) may contain treatment units exceeding a total of
10,000 acres but not more than a total of 30,000 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. 112. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN
RESPONSE TO CATASTROPHIC EVENTS.
(a) Categorical Exclusion Established.--Salvage operations carried
out by the Secretary concerned on National Forest System lands or
public lands are a category of actions hereby designated as being
categorically excluded from the preparation of an environmental
assessment or an environmental impact statement under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(c) Acreage Limitation.--A salvage operation covered by the
categorical exclusion established under subsection (a) may not contain
treatment units exceeding a total of 10,000 acres.
(d) Additional Requirements.--
(1) Stream buffers.--A salvage operation covered by the
categorical exclusion established under 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.
(2) 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
established under subsection (a).
SEC. 113. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR EARLY
SUCCESSIONAL FORESTS.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated under this
section for a categorical exclusion are forest management activities
carried out by the Secretary concerned on National Forest System lands
or public lands where the primary purpose of such activity is to
modify, improve, enhance, or create early successional forests for
wildlife habitat improvement and other purposes, consistent with the
applicable forest plan.
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) 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.
(e) Acreage Limitations.--A forest management activity covered by
the categorical exclusion established under subsection (a) may not
contain treatment units exceeding a total of 10,000 acres.
SEC. 114. CATEGORICAL EXCLUSION FOR ROAD SIDE PROJECTS.
(a) Categorical Exclusion Established.--Projects carried out by the
Secretary concerned to remove hazard trees or to salvage timber for
purposes of the protection of public health or safety, water supply, or
public infrastructure are a category of actions hereby designated as
being categorically excluded from the preparation of an environmental
assessment or an environmental impact statement under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(c) Healthy Forests Restoration Act Requirements.--
(1) Administrative review.--A project that is categorically
excluded under this section shall be subject to the
requirements of subsections (d), (e), and (f) of section 603 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591).
(2) Hazardous fuel reduction on federal land.--A project
that is categorically excluded under this section shall be
subject to the requirements of sections 102, 104, 105, and 106
of title I of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6511 et seq.).
SEC. 115. CATEGORICAL EXCLUSION TO IMPROVE OR RESTORE NATIONAL FOREST
SYSTEM LANDS OR PUBLIC LAND OR REDUCE THE RISK OF
WILDFIRE.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--
(1) Designation.--The forest management activities
designated under this section for a categorical exclusion are
forest management activities described in paragraph (2) that
are carried out by the Secretary concerned on National Forest
System Lands or public lands where the primary purpose of such
activity is to improve or restore such lands or reduce the risk
of wildfire on those lands.
(2) Activities authorized.--The follow activities may be
carried out pursuant to the categorical exclusion established
under subsection (a):
(A) 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.
(B) Performance of hazardous fuels management.
(C) Creation of fuel and fire breaks.
(D) Modification of existing fences in order to
distribute livestock and help improve wildlife habitat.
(E) Installation of erosion control devices.
(F) 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.
(G) Performance of soil treatments, native and non-
native seeding, and planting of and transplanting
sagebrush, grass, forb, shrub, and other species.
(H) Use of herbicides, so long as 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.
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Acreage Limitations.--A forest management activity covered by
the categorical exclusion established under subsection (a) may not
exceed 10,000 acres.
(e) 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 after both the invasive
species and native perennial species have completed their
current-year annual growth cycle until 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.
Subtitle C--General Provisions for Forest Management Activities
SEC. 121. COMPLIANCE WITH FOREST PLANS.
A forest management activity carried out pursuant to this Act 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.
SEC. 122. CONSULTATION UNDER THE NATIONAL HISTORIC PRESERVATION ACT.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Secretary concerned shall each develop, in
consultation with relevant consulting parties, a programmatic agreement
or other appropriate program alternative pursuant to section 800.14 of
title 36, Code of Federal Regulations, or successor regulation, for
expediting reviews under section 306108 of title 54, United States
Code, for forest management activities carried out pursuant to this
Act.
(b) Requirement.--A programmatic agreement or other program
alternative developed under subsection (a) shall incorporate the
concepts of phased identification and evaluation set forth in section
800.4(b)(2) of title 36, Code of Federal Regulations, or successor
regulation.
SEC. 123. CONSULTATION UNDER THE ENDANGERED SPECIES ACT.
(a) No Consultation if Action Not Likely To Adversely Affect a
Listed Species or Designated Critical Habitat.--With respect to a
forest management activity carried out pursuant to this Act,
consultation under section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536) shall not be required if the Secretary concerned
determines that the such forest management activity is not likely to
adversely affect a listed species or designated critical habitat.
(b) Expedited Consultation.--
(1) In general.--With respect to a forest management
activity carried out pursuant to this Act, consultation
required under section 7 of the Endangered Species Act of 1973
(16 U.S.C. 1536) shall be concluded within the 90-day period
beginning on the date on which such consultation was requested
by the Secretary concerned.
(2) No conclusion.--In the case of a consultation described
in paragraph (1) that is not concluded within the 90-day
period, the forest management activity for which such
consultation was initiated--
(A) shall be considered to have not violated
section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536(a)(2)); and
(B) may be carried out.
SEC. 124. FOREST MANAGEMENT ACTIVITIES CONSIDERED NON-DISCRETIONARY
ACTIONS.
For purposes of the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), a forest management activity carried out by the Secretary
concerned pursuant to this Act shall be considered a non-discretionary
action.
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, an environmental assessment prepared by the Secretary
concerned pursuant to section 102 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332) 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 60 days 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, to the maximum extent practicable,
achieve reforestation of at least 75 percent of the impacted lands
during the 5-year period following the conclusion of the catastrophic
event.
(c) Availability of Knutson-Vandenberg Funds.--Amounts in the
special fund established pursuant to 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.--Notwithstanding any other
provision of law, in the case of 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,
the Secretary concerned shall allow 30 days for public scoping and
comment, 15 days for filing an objection, and 15 days for the agency
response to the filing of an objection. Upon completion of this process
and expiration of the period specified in subsection (a), the Secretary
concerned shall implement the project immediately.
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.
TITLE III--FOREST MANAGEMENT LITIGATION
Subtitle A--General Litigation Provisions
SEC. 301. NO ATTORNEY FEES FOR FOREST MANAGEMENT ACTIVITY CHALLENGES.
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 carried out pursuant to this
Act.
SEC. 302. INJUNCTIVE RELIEF.
(a) 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 titles I through IX, 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.
(b) Time Limitations for Injunctive Relief.--
(1) In general.--Subject to paragraph (2) the length of any
preliminary injunctive relief and stays pending appeal that
applies to any agency action as part of a forest management
activity under titles I through IX, shall not exceed 60 days.
(2) Renewal.--
(A) In general.--A court of competent jurisdiction
may issue one or more renewals of any preliminary
injunction, or stay pending appeal, granted under
paragraph (1).
(B) Updates.--In each renewal of an injunction in
an action, the parties to the action shall present the
court with updated information on the status of the
authorized forest management activity.
Subtitle B--Forest Management Activity Arbitration Pilot Program
SEC. 311. USE OF ARBITRATION INSTEAD OF LITIGATION TO ADDRESS
CHALLENGES TO FOREST MANAGEMENT ACTIVITIES.
(a) Discretionary Arbitration Process Pilot Program.--
(1) In general.--The Secretary of Agriculture, with respect
to National Forest System lands, and the Secretary of the
Interior, with respect to public lands, shall each establish a
discretionary arbitration pilot program as an alternative
dispute resolution process in lieu of judicial review for the
activities described in paragraph (2).
(2) Activities described.--The Secretary concerned, at the
sole discretion of the Secretary, may designate objections or
protests to forest management activities for arbitration under
the arbitration pilot program established under paragraph (1).
(3) Maximum amount of arbitrations.--Under the arbitration
pilot program, the Secretary concerned may not arbitrate more
than 10 objections or protests to forest management activities
in a fiscal year in--
(A) each Forest Service Region; and
(B) each State Region of the Bureau of Land
Management.
(4) Determining amount of arbitrations.--An objection or
protest to a forest management activity shall not be counted
towards the limitation on number of arbitrations under
paragraph (3) unless--
(A) on the date such objection or protest is
designated for arbitration, the forest management
activity for which such objection or protest is filed
has not been the subject of arbitration proceedings
under the pilot program; and
(B) the arbitration proceeding has commenced with
respect to such objection or protest.
(5) Termination.--The pilot programs established pursuant
to paragraph (1) shall terminate on the date that is 7 years
after the date of the enactment of this Act.
(b) Intervening Parties.--
(1) Requirements.--Any person that submitted a public
comment on the forest management activity that is subject to
arbitration may intervene in the arbitration--
(A) by endorsing--
(i) the forest management activity; or
(ii) the modification proposal submitted
under subparagraph (B); or
(B) by submitting a proposal to further modify the
forest management activity.
(2) Deadline for submission.--With respect to an objection
or protest that is designated for arbitration under this
subsection (a), a request to intervene in an arbitration must
be submitted not later than the date that is 30 days after the
date on which such objection or protest was designated for
arbitration.
(3) Multiple parties.--Multiple intervening parties may
submit a joint proposal so long as each intervening party meets
the eligibility requirements of paragraph (1).
(c) Appointment of Arbitrator.--
(1) Appointment.--The Secretary of Agriculture and the
Secretary of the Interior shall jointly develop and publish a
list of not fewer than 20 individuals eligible to serve as
arbitrators for the pilot programs under this section.
(2) Qualifications.--In order to be eligible to serve as an
arbitrator under this subsection, an individual shall be, on
the date of the appointment of such arbitrator--
(A) certified by the American Arbitration
Association; and
(B) not a registered lobbyist.
(3) Selection of arbitrator.--
(A) In general.--For each arbitration commenced
under this section, the Secretary concerned and each
applicable objector or protestor shall agree, not later
than 14 days after the agreement process is initiated,
on a mutually acceptable arbitrator from the list
published under subsection.
(B) Appointment after 14-days.--In the case of an
agreement with respect to a mutually acceptable
arbitrator not being reached within the 14-day limit
described in subparagraph (A), the Secretary concerned
shall appoint an arbitrator from the list published
under this subsection.
(d) Selection of Proposals.--
(1) In general.--The arbitrator appointed under subsection
(c)--
(A) may not modify any of the proposals submitted
with the objection, protest, or request to intervene;
and
(B) shall select to be conducted--
(i) the forest management activity, as
approved by the Secretary; or
(ii) a proposal submitted by an objector or
an intervening party.
(2) Selection criteria.--An arbitrator shall, when
selecting a proposal, consider--
(A) whether the proposal is consistent with the
applicable forest plan, laws, and regulations;
(B) whether the proposal can be carried out by the
Secretary concerned; and
(C) the effect of each proposal on--
(i) forest health;
(ii) habitat diversity;
(iii) wildfire potential;
(iv) insect and disease potential;
(v) timber production; and
(vi) 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--
(I) domestic water costs;
(II) wildlife habitat loss; and
(III) other economic and social
factors.
(e) Effect of Decision.--The decision of an arbitrator with respect
to the forest management activity--
(1) shall not be considered 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.
(f) Deadline for Completion.--Not later than 90 days after the date
on which the arbitration is filed with respect to the forest management
activity, the arbitration process shall be completed.
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(f) of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7124(f)) is amended to read as follows:
``(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, reduce fire risks, or improve water supplies;
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 ``2022''.
(b) 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 ``15 members'' and
inserting ``9 members''; and
(2) by striking ``5 persons'' each place it appears and
inserting ``3 persons''.
(c) 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.''.
(d) Appointment of Resource Advisory Committees by Applicable
Designee.--
(1) In general.--Section 205 of the Secure Rural Schools
and Community Self-Determination Act of 2000 (16 U.S.C. 7125)
is further amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``(or
applicable designee)'' after ``The Secretary
concerned'';
(ii) in paragraph (3), by inserting ``(or
applicable designee)'' after ``the Secretary
concerned''; and
(iii) in paragraph (4), by inserting ``(or
applicable designee)'' after ``the Secretary
concerned'' both places it appears;
(B) in subsection (b)(6), by inserting ``(or
applicable designee)'' after ``the Secretary
concerned'';
(C) in subsection (c)--
(i) in the subsection heading, by inserting
``or Applicable Designee'' after ``by the
Secretary'';
(ii) in paragraph (1), by inserting ``(or
applicable designee)'' after ``The Secretary
concerned'' both places it appears;
(iii) in paragraph (2), by inserting ``(or
applicable designee)'' after ``The Secretary
concerned'';
(iv) in paragraph (4), by inserting ``(or
applicable designee)'' after ``The Secretary
concerned''; and
(v) by adding at the end the following new
paragraph:
``(6) Applicable designee.--In this section, the term
`applicable designee' means--
``(A) with respect to Federal land described in
section 3(7)(A), the applicable Regional Forester; and
``(B) with respect to Federal land described in
section 3(7)(B), the applicable Bureau of Land
Management State Director.'';
(D) in subsection (d)(3), by inserting ``(or
applicable designee)'' after ``the Secretary
concerned''; and
(E) in subsection (f)(1)--
(i) by inserting ``(or applicable
designee)'' after ``the Secretary concerned'';
and
(ii) by inserting ``(or applicable
designee)'' after ``of the Secretary''.
(2) Conforming amendment.--Section 201(3) of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7121(3)) is amended by inserting ``(or applicable
designee (as defined in section 205(c)(6)))'' after ``Secretary
concerned'' both places it appears.
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.
``(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, 2022.
``(2) Deposits in treasury.--Any funds available for
projects under the RAC program and not obligated by September
30, 2023, 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;
(2) in paragraph (3), by inserting ``and carry out'' after
``develop'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) 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''.
SEC. 405. TREATMENT AS SUPPLEMENTAL FUNDING.
(a) In General.--Section 102 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7112) is amended by
adding at the end the following new subsection:
``(f) Treatment as Supplemental Funding.--None of the funds made
available to a beneficiary county or other political subdivision of a
State under this Act shall be used in lieu of or to otherwise offset
State funding sources for local schools, facilities, or educational
purposes.''.
(b) Continuation of Direct Payments.--Payments to States made under
the Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7101 et seq.) and 25-percent payments made to States and
Territories under the Acts of May 23, 1908, and March 1, 1911 (16
U.S.C. 500), shall continue to be made as direct payments.
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.--Notwithstanding section 3903(b)(1) of
title 41, United States Code, the Chief and the Director may
obligate funds in stages that are economically or
programmatically viable 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 million.--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 million,
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--
(1) 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''; and
(2) by striking the last sentence.
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 Forests 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''.
SEC. 505. FIRE LIABILITY PROVISION.
Section 604(d) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c(d)) is amended by adding at the end the following new
paragraph:
``(8) Modification.--Upon the request of the contractor, a
contract or agreement under this section awarded before
February 7, 2014, shall be modified by the Chief or Director to
include the fire liability provisions described in paragraph
(7).''.
SEC. 506. EXTENSION OF STEWARDSHIP CONTRACTING MAXIMUM TERM LIMITS.
(a) Health Forests Restoration Act.--Section 604(d)(3)(B) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(d)(3)(B)) is
amended by striking ``10 years'' and inserting ``20 years''.
(b) National Forest Management Act.--Section 14(c) of the National
Forest Management Act of 1976 (16 U.S.C. 472a(c)) is amended by
striking ``ten years'' and inserting ``20 years''.
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 Forests 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 (especially related to compliance with section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332)), 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;
(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 10 years after
the date of the enactment of this Act.
(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 1 year after the
date on which the Secretary received 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))'' 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 agree to 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) Requirements.--As part of the agreement to treat
Federal forest land as Indian forest land under paragraph (1),
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
agreement, except that the Secretary concerned may
limit or prohibit such access as needed;
``(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 agreement,
including, where applicable, 25-percent
payments or 50-percent payments; or
``(ii) at the option of the Indian Tribe,
on terms agreed upon by the Indian Tribe, the
Secretary concerned, and State and county
governments participating in a revenue sharing
agreement for 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
place on Federal forest land prior to commencement of
Tribal management activities;
``(E) ensure that all commercial timber removed
from the Federal forest land is sold on a competitive
bid basis; and
``(F) cooperate with the appropriate State fish and
wildlife agency to achieve mutual agreement on the
management of fish and wildlife.
``(3) Limitation.--Treating Federal forest land as Indian
forest land for purposes of planning and conducting management
activities pursuant to paragraph (1) shall not be construed to
designate the Federal forest land as Indian forest lands for
any other purpose.
``(4) Definitions.--In this subsection:
``(A) Federal forest land.--The term `Federal
forest land' means--
``(i) National Forest System lands; 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).''.
SEC. 703. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.
The Secretary of the Interior and the Secretary of Agriculture may
carry out demonstration projects by which federally recognized Indian
Tribes or Tribal organizations may contract to perform administrative,
management, and other functions of programs of the Tribal Forest
Protection Act of 2004 (25 U.S.C. 3115a et seq.) through contracts
entered into under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304 et seq.).
SEC. 704. RULE OF APPLICATION.
Nothing in this title, or the amendments made by this title, shall
be construed as interfering with, diminishing, or conflicting with the
authority, jurisdiction, or responsibility of any State to exercise
primary management, control, or regulation of fish and wildlife on land
or water within the State (including on public land) under State law.
TITLE VIII-- EXPEDITING INTERAGENCY CONSULTATION
Subtitle A--Forest Plans Not Considered Major Federal Actions
SEC. 801. FOREST PLANS NOT CONSIDERED MAJOR FEDERAL ACTIONS.
The development, maintenance, amendment, and revision of a forest
plan shall not be considered a major Federal action for purposes of
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
Subtitle B--Agency Consultation
SEC. 811. CONSULTATION UNDER FOREST AND RANGELAND RENEWABLE RESOURCES
PLANNING ACT OF 1974.
(a) In General.--Section 6(d) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604(d)) is amended--
(1) by striking ``(d) The Secretary'' and inserting the
following:
``(d) Public Participation and Consultation.--
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) No additional consultation required after approval of
land management plans.--
``(A) In general.--Notwithstanding any other
provision of law, the Secretary shall not be required
to engage in consultation under this subsection or any
other provision of law (including section 7 of the
Endangered Species Act (16 U.S.C. 1536) and section
402.16 of title 50, Code of Federal Regulations (or a
successor regulation)) with respect to--
``(i) if a land management plan approved by
the Secretary--
``(I) the listing of a species as
threatened or endangered, or a
designation of critical habitat
pursuant to the Endangered Species Act
(16 U.S.C. 1531 et seq.);
``(II) whether the amount or extent
of taking specified in the incidental
take statement is exceeded;
``(III) whether new information
reveals effects of the action that may
affect listed species or critical
habitat in a manner or to an extent not
previously considered; or
``(IV) whether the identified
action is subsequently modified in a
manner that causes an effect to the
listed species or critical habitat that
was not considered in the biological
opinion; or
``(ii) any provision of a land management
plan adopted as described in clause (i).
``(B) Effect of paragraph.--Nothing in this
paragraph affects any applicable requirement of the
Secretary to consult with the head of any other Federal
department or agency--
``(i) regarding any project, including a
project carried out, or proposed to be carried
out, in an area designated as critical habitat
pursuant to the Endangered Species Act (16
U.S.C. 1531 et seq.); or
``(ii) with respect to the development of
an amendment to a land management plan that
would result in a significant change in the
land management plan.
``(3) Land management plan considered a non-discretionary
action.--For purposes of the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), a forest management activity carried out
by the Secretary concerned pursuant to this Act shall be
considered a non-discretionary action.''.
(b) Definition of Secretary; Conforming Amendments.--
(1) Definition of secretary.--Section 3(a) of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1601(a)) is amended, in the first sentence of the matter
preceding paragraph (1), by inserting ``(referred to in this
Act as the `Secretary')'' after ``Secretary of Agriculture''.
(2) Conforming amendments.--The Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et
seq.) is amended, in sections 4 through 9, 12, 13, and 15, by
striking ``Secretary of Agriculture'' each place it appears and
inserting ``Secretary''.
SEC. 812. CONSULTATION UNDER FEDERAL LAND POLICY AND MANAGEMENT ACT OF
1976.
Section 202(f) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1712(f)) is amended--
(1) by striking ``(f) The Secretary'' and inserting the
following:
``(f) Public Involvement.--
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) No additional consultation required after approval of
land use plans.--
``(A) In general.--Notwithstanding any other
provision of law, the Secretary shall not be required
to engage in consultation under this subsection or any
other provision of law (including section 7 of the
Endangered Species Act (16 U.S.C. 1536) and section
402.16 of title 50, Code of Federal Regulations (or a
successor regulation)), with respect to--
``(i) the listing of a species as
threatened or endangered, or a designation of
critical habitat, pursuant to the Endangered
Species Act (16 U.S.C. 1531 et seq.), if a land
use plan has been adopted by the Secretary as
of the date of listing or designation; or
``(ii) any provision of a land use plan
adopted as described in clause (i).
``(B) Effect of paragraph.--
``(i) Definition of significant change.--In
this subparagraph, the term `significant
change' means a significant change within the
meaning of section 219.13(b)(3) of title 36,
Code of Federal Regulations (as in effect on
the date of enactment of this subparagraph),
except that--
``(I) any reference contained in
that section to a land management plan
shall be deemed to be a reference to a
land use plan;
``(II) any reference contained in
that section to the Forest Service
shall be deemed to be a reference to
the Bureau of Land Management; and
``(III) any reference contained in
that section to the National Forest
Management Act of 1976 (Public Law 94-
588; 90 Stat. 2949) shall be deemed to
be a reference to this Act.
``(ii) Effect.--Nothing in this paragraph
affects any applicable requirement of the
Secretary to consult with the head of any other
Federal department or agency--
``(I) regarding a project carried
out, or proposed to be carried out,
with respect to a species listed as
threatened or endangered, or in an area
designated as critical habitat,
pursuant to the Endangered Species Act
(16 U.S.C. 1531 et seq.); or
``(II) with respect to the
development of a new land use plan or
the revision of or other significant
change to an existing land use plan.
``(3) Land use plan considered non-discretionary action.--
For purposes of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), a forest management activity carried out by the
Secretary concerned pursuant to this Act shall be considered a
non-discretionary action.''.
TITLE IX--MISCELLANEOUS
Subtitle A--Forest Management Provisions
SEC. 901. 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, Fire Regime IV, or Fire Regime V''.
SEC. 902. REVISION OF ALTERNATE CONSULTATION AGREEMENT REGULATIONS.
Not later than 90 days after the date of the enactment of this
section, the Secretary of the Interior and the Secretary of Commerce
shall revise section 402.13 of title 50, Code of Federal Regulations,
to--
(1) authorize Federal agencies to enter into alternative
consultation agreements under which the Federal agency may
determine if an action such agency authorizes is likely to
adversely affect listed species or critical habitat; and
(2) if an agency determines such action will not likely
adversely affect listed species or critical habitat pursuant to
paragraph (1), not require such agency to complete a formal
consultation, informal consultation, or written concurrence of
the U.S. Fish and Wildlife Service or the National Marine
Fisheries Service with respect to such action.
SEC. 903. REVISION OF EXTRAORDINARY CIRCUMSTANCES REGULATIONS.
(a) Determinations of Extraordinary Circumstances.--In determining
whether extraordinary circumstances related to a proposed action
preclude use of a categorical exclusion, the Forest Service shall not
be required to--
(1) consider whether a proposed action is within a
potential wilderness area;
(2) consider whether a proposed action affects a Forest
Service sensitive species;
(3) conduct an analysis under section 220.4(f) of title 36,
Code of Federal Regulations, of the proposed action's
cumulative impact (as the term is defined in section 1508.7 of
title 40, Code of Federal Regulations);
(4) consider a determination under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) that a proposed
action may affect, but is not likely to adversely affect,
threatened, endangered, or candidate species, or designated
critical habitats; or
(5) consider a determination under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) that a proposed
action may affect, and is likely to adversely affect
threatened, endangered, candidate species, or designated
critical habitat if the agency is in compliance with the
applicable provisions of the biological opinion.
(b) Proposed Rulemaking.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Agriculture shall publish a
notice of proposed rulemaking to revise section 220.6(b) of title 36,
Code of Federal Regulations to conform such section with subsection
(a).
(c) Additional Revision.--As part of the proposed rulemaking
described in subsection (b), the Secretary of Agriculture shall revise
section 220.5(a)(2) of title 36, Code of Federal Regulations, to
provide that the Forest Service shall not be required to consider
proposals that would substantially alter a potential wilderness area as
a class of actions normally requiring environmental impact statements.
(d) Additional Actions.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Agriculture shall issue final
regulations to carry out the revisions described in subsections (b) and
(c).
SEC. 904. 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) Period Prior to Decommission.--A Forest Service road described
in subsection (a) may not be decommissioned without the advance
approval of the Regional Forester.
SEC. 905. PROHIBITION ON APPLICATION OF EASTSIDE SCREENS REQUIREMENTS
ON NATIONAL FOREST SYSTEM LANDS.
(a) Repeal of Eastside Screens Requirements.--Notwithstanding any
other provision of law, the Secretary of Agriculture shall immediately
withdraw the 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.
(b) Effect of Repeal.--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 repealed under subsection (a).
SEC. 906. 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. 907. 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. 908. APPLICATION OF NORTHWEST FOREST PLAN SURVEY AND MANAGE
MITIGATION MEASURE STANDARD AND GUIDELINES.
The Northwest Forest Plan Survey and Manage Mitigation Measure
Standard and Guidelines shall not apply to any National Forest System
lands or public lands.
SEC. 909. RECONSTRUCTION AND REPAIR INCLUDED IN GOOD NEIGHBOR
AGREEMENTS.
Section 8206(a)(3) of the Agricultural Act of 2014 (16 U.S.C.
2113a(a)(3)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by striking ``and'';
(B) by redesignating clause (iii) as clause (iv);
and
(C) by inserting after clause (ii) the following
new clause:
``(iii) construction, reconstruction,
repair or restoration of roads as necessary to
achieve project objectives; and''; and
(2) by amending subparagraph (B) to read as follows:
``(B) Exclusions.--The term `forest, rangeland, and
watershed restoration services' does not include
construction, alteration, repair or replacement of
public buildings or works.''.
SEC. 910. LOGGING AND MECHANIZED OPERATIONS.
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is
amended--
(1) in section 3 (29 U.S.C. 203)--
(A) in subsection (l), by striking ``well-being.''
and inserting ``well-being, and that employment of
employees ages sixteen or seventeen years in a logging
or mechanized operation in an occupation that the
Secretary of Labor finds and declares to be
particularly hazardous for the employment of
individuals of such ages shall not be deemed to
constitute oppressive child labor if such employee is
employed by his parent or by a person standing in the
place of his parent in a logging or mechanized
operation owned or operated by such parent or
person.''; and
(B) by adding at the end the following:
``(z)(1) `Logging'--
``(A) means--
``(i) the felling, skidding, yarding, loading and
processing of timber by equipment other than manually
operated chainsaws and cable skidders;
``(ii) the felling of timber in mechanized
operations;
``(iii) the bucking or converting of timber into
logs, poles, ties, bolts, pulpwood, chemical wood,
excelsior wood, cordwood, fence posts, or similar
products;
``(iv) the collecting, skidding, yarding, loading,
transporting and unloading of such products in
connection with logging;
``(v) the constructing, repairing and maintaining
of roads or camps used in connection with logging; the
constructing, repairing, and maintenance of machinery
or equipment used in logging; and
``(vi) other work performed in connection with
logging; and
``(B) does not include the manual use of chain saws to fell
and process timber and the use of cable skidders to bring the
timber to the landing.
``(2) `Mechanized operation'--
``(A) means the felling, skidding, yarding, loading and
processing of timber by equipment other than manually operated
chainsaws and cable skidders; and
``(B) includes whole tree processors, cut-to-length
processors, stroke boom delimbers, wheeled and track feller-
bunchers, pull thru delimbers, wheeled and track forwarders,
chippers, grinders, mechanical debarkers, wheeled and track
grapple skidders, yarders, bulldozers, excavators, and log
loaders.''; and
(2) in section 13(c) (29 U.S.C. 211(c)), by adding at the
end the following:
``(8) The provisions of section 12 relating to child labor shall
apply to an employee who is 16 or 17 years old employed in a logging or
mechanized operation in an occupation that the Secretary of Labor finds
and declares to be particularly hazardous for the employment of
children ages 16 or 17, except where such employee is employed by his
parent or by a person standing in the place of his parent in a logging
or mechanized operation owned or operated by such parent or person.''.
SEC. 910A. STUDY ON USE OF UNMANNED AERIAL VEHICLES TO SUPPORT WILDLAND
FIRE RESPONSE AND MANAGEMENT.
(a) Study Required.--The Secretary of Agriculture shall conduct a
study to evaluate--
(1) the feasibility, safety, and cost effectiveness of
using unmanned aerial vehicles for the purposes of supporting
wildland fire response and suppression and forest restoration
and management; and
(2) the effect that increased use of unmanned aerial
vehicles for such purposes will have on employment.
(b) Consultation.--In conducting the study, the Secretary of
Agriculture shall consult with the heads of other Federal agencies
involved in wildfire suppression and aviation, including the Secretary
of the Interior, the Secretary of Homeland Security, the Secretary of
Defense, and the Secretary of Transportation.
(c) Reporting Requirement.--Not later than two years after the date
of the enactment of this Act, the Secretary of Agriculture shall submit
to Congress a report containing the results of the study.
SEC. 910B. PILOT PROJECT FOR FOREST HEALTH, WATERSHED IMPROVEMENT, AND
HABITAT RESTORATION IN NEW MEXICO.
(a) Pilot Project Established.--The Secretary of Agriculture,
acting through the Chief of the Forest Service, shall conduct a pilot
project within the Lincoln National Forest, Cibola National Forest, and
Gila National Forest in the State of New Mexico to analyze and
demonstrate the effectiveness of various tools and techniques to
address the following natural resource concerns:
(1) Thinning for forest health.
(2) Watershed improvement.
(3) Habitat restoration.
(b) Authorized Activities.--The Secretary of Agriculture in
carrying out the pilot project established under subsection (a) may
conduct applied silvicultural investigations and treatments,
including--
(1) silvicultural investigations conducted for the purposes
of information gathering and research relating to the natural
resource concerns described in subsection (a); and
(2) mechanical thinning.
(c) Objections to Silvicultural Investigation or Treatment.--The
Secretary may not carry out a silvicultural investigation or treatment
under this section if a county in which such investigation or treatment
would be conducted objects to such investigation or treatment.
(d) Environmental Assessment Under the National Environmental
Policy Act.--Forest management activities carried out by the Secretary
of Agriculture under this section are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(e) Consultation Under the Endangered Species Act.--Forest
management activities carried out by the Secretary of Agriculture under
this section shall be subject to section 123, including subsection (b)
of such section.
(f) Public Participation.--The Secretary shall encourage meaningful
public participation during preparation of a silvicultural
investigation or treatment under this section.
(g) Arbitration Pilot Program Resolution.--
(1) In general.--An objection or protest to a forest
management activity carried out pursuant to this section shall
be addressed through the arbitration program established under
section 311.
(2) Limitation on number of arbitrations.--An arbitration
described in paragraph (1) shall not be counted towards the
limitation on number of arbitrations under section 311(a)(3).
(h) Termination.--The authority to carry out this section shall
terminate on the date that is 7 years after the date of the enactment
of this section.
Subtitle B--Oregon and California Railroad Grant Lands and Coos Bay
Wagon Road Grant Lands
SEC. 911. AMENDMENTS TO THE ACT OF AUGUST 28, 1937.
The first section of the Act of August 28, 1937 (50 Stat. 874; 43
U.S.C. 2601 et seq.), is amended--
(1) by striking ``principal of sustained yield'' and
inserting ``principle of sustained yield'';
(2) by striking ``facilties'' and inserting ``facilities'';
and
(3) by striking ``That timber from said lands in an
amount'' and inserting ``That timber from said lands in the
amount that is the greater of:''.
SEC. 912. OREGON AND CALIFORNIA RAILROAD GRANT LANDS AND COOS BAY WAGON
ROAD GRANT LANDS PERMANENT RIGHTS OF ACCESS.
(a) Creation of Permanent Rights of Access Required.--
Notwithstanding any other provision of law, on the date of the
enactment of this section, reciprocal road right-of-way permits,
grants, and agreements issued to a private landowner by the Secretary
of the Interior pursuant to subpart 2812 of part 2810 of title 43, Code
of Federal Regulations, or its predecessor regulation shall become
permanent rights of access that are recordable and that shall run with
the land.
(b) Records Updated.--Not later than 60 days after the date of the
enactment of this Act, the reciprocal road right-of-way permits,
grants, and agreements described in subsection (a) shall be amended to
reflect the permanent rights of access required under subsection (a)
and recorded by the Secretary of the Interior in each county where the
lands are located. No other amendments shall be made to such right-of-
way permits, grants, and agreements.
SEC. 913. MANAGEMENT OF BUREAU OF LAND MANAGEMENT LANDS IN WESTERN
OREGON.
(a) In General.--All of the public land managed by the Bureau of
Land Management in the Northwest District, Roseburg District, Coos Bay
District, Medford District, and the Klamath Resource Area of the
Lakeview District in the State of Oregon shall hereafter be managed
pursuant to title I of the Act of August 28, 1937 (43 U.S.C. 1181a
through 1181e). Except as provided in subsection (b), all of the
revenue produced from such land shall be deposited in the Treasury of
the United States in the Oregon and California land-grant fund and be
subject to the provisions of title II of the Act of August 28, 1937 (43
U.S.C. 1181f).
(b) Certain Exclusions.--
(1) Certain lands excluded.--Subsection (a) does not apply
to--
(A) the Yaquina Head Outstanding Natural Area
established under section 119 of Public Law 96-199 (43
U.S.C. 1783);
(B) lands managed under the Wild and Scenic Rivers
Act (16 U.S.C. 1271 et seq.);
(C) lands managed under the Wilderness Act (16
U.S.C. 1131 et seq.); and
(D) lands managed under the National Trails System
Act (16 U.S.C. 1241 et seq.).
(2) Certain revenue excluded.--Subsection (a) does not
apply to any revenue that is required to be deposited in the
Coos Bay Wagon Road grant fund pursuant to sections 1 through 4
of the Act of May 24, 1939 (43 U.S.C. 2621-2624).
Subtitle C--Timber Innovation
SEC. 921. DEFINITIONS.
In this subtitle:
(1) Innovative wood product.--The term ``innovative wood
product'' means a type of building component or system that
uses large panelized wood construction, including mass timber.
(2) Mass timber.--The term ``mass timber'' includes--
(A) cross-laminated timber;
(B) nail laminated timber;
(C) glue laminated timber;
(D) laminated strand lumber; and
(E) laminated veneer lumber.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Research and Development
deputy area and the State and Private Forestry deputy area of
the Forest Service.
(4) Tall wood building.--The term ``tall wood building''
means a building designed to be--
(A) constructed with mass timber; and
(B) more than 85 feet in height.
SEC. 922. CLARIFICATION OF RESEARCH AND DEVELOPMENT PROGRAM FOR WOOD
BUILDING CONSTRUCTION.
(a) In General.--The Secretary shall conduct performance-driven
research and development, education, and technical assistance for the
purpose of facilitating the use of innovative wood products in wood
building construction in the United States.
(b) Activities.--In carrying out subsection (a), the Secretary
shall--
(1) after receipt of input and guidance from, and
collaboration with, the wood products industry, conservation
organizations, and institutions of higher education, conduct
research and development, education, and technical assistance
at the Forest Products Laboratory or through the State and
Private Forestry deputy area that meets measurable performance
goals for the achievement of the priorities described in
subsection (c); and
(2) after coordination and collaboration with the wood
products industry and conservation organizations, make
competitive grants to institutions of higher education to
conduct research and development, education, and technical
assistance that meets measurable performance goals for the
achievement of the priorities described in subsection (c).
(c) Priorities.--The research and development, education, and
technical assistance conducted under subsection (a) shall give priority
to--
(1) ways to improve the commercialization of innovative
wood products;
(2) analyzing the safety of tall wood building materials;
(3) calculations by the Forest Products Laboratory of the
life cycle environmental footprint, from extraction of raw
materials through the manufacturing process, of tall wood
building construction;
(4) analyzing methods to reduce the life cycle
environmental footprint of tall wood building construction;
(5) analyzing the potential implications of the use of
innovative wood products in building construction on wildlife;
and
(6) one or more other research areas identified by the
Secretary, in consultation with conservation organizations,
institutions of higher education, and the wood products
industry.
(d) Timeframe.--To the maximum extent practicable, the measurable
performance goals for the research and development, education, and
technical assistance conducted under subsection (a) shall be achievable
within a 5-year timeframe.
TITLE X--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
SEC. 1001. WILDFIRE ON FEDERAL LANDS.
Section 102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(2)) is amended--
(1) by striking ``(2)'' and all that follows through
``means'' and inserting the following:
``(2) Major disaster.--
``(A) Major disaster.--The term `major disaster'
means''; and
(2) by adding at the end the following:
``(B) Major disaster for wildfire on federal
lands.--The term `major disaster for wildfire on
Federal lands' means any wildfire or wildfires, which
in the determination of the President under section 802
warrants assistance under section 803 to supplement the
efforts and resources of the Department of the Interior
or the Department of Agriculture--
``(i) on Federal lands; or
``(ii) on non-Federal lands pursuant to a
fire protection agreement or cooperative
agreement.''.
SEC. 1002. DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON FEDERAL
LANDS.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 et seq.) is amended by adding at the end the following:
``TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
``SEC. 801. DEFINITIONS.
``As used in this title--
``(1) Federal land.--The term `Federal land' means--
``(A) any land under the jurisdiction of the
Department of the Interior; and
``(B) any land under the jurisdiction of the United
States 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 United States 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 lands
(or on non-Federal lands pursuant to a fire protection
agreement or cooperative agreement) by the Federal land
management agencies covered by the wildfire suppression
subactivity of the Wildland Fire Management account or 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 LANDS.
``(a) In General.--The Secretary of the Interior or the Secretary
of Agriculture may submit a request to the President consistent with
the requirements of this title for a declaration by the President that
a major disaster for wildfire on Federal lands exists.
``(b) Requirements.--A request for a declaration by the President
that a major disaster for wildfire on Federal lands exists shall--
``(1) be made in writing by the respective Secretary;
``(2) certify that the amount appropriated in the current
fiscal year for wildfire suppression operations of the Federal
land management agencies under the jurisdiction of the
respective Secretary, net of any concurrently enacted
rescissions of wildfire suppression funds, increases the total
unobligated balance of amounts available for wildfire
suppression by an amount equal to or greater than the average
total costs incurred by the Federal land management agencies
per year for wildfire suppression operations, including the
suppression costs in excess of appropriated amounts, over the
previous ten fiscal years;
``(3) certify that the amount available for wildfire
suppression operations of the Federal land management agencies
under the jurisdiction of the respective Secretary will be
obligated not later than 30 days after such Secretary notifies
the President that wildfire suppression funds will be exhausted
to fund ongoing and anticipated wildfire suppression operations
related to the wildfire on which the request for the
declaration of a major disaster for wildfire on Federal lands
pursuant to this title is based; and
``(4) specify the amount required in the current fiscal
year to fund wildfire suppression operations related to the
wildfire on which the request for the declaration of a major
disaster for wildfire on Federal lands pursuant to this title
is based.
``(c) Declaration.--Based on the request of the respective
Secretary under this title, the President may declare that a major
disaster for wildfire on Federal lands exists.
``SEC. 803. WILDFIRE ON FEDERAL LANDS ASSISTANCE.
``(a) In General.--In a major disaster for wildfire on Federal
lands, the President may transfer funds, only from the account
established pursuant to subsection (b), to the Secretary of the
Interior or the Secretary of Agriculture to conduct wildfire
suppression operations on Federal lands (and non-Federal lands pursuant
to a fire protection agreement or cooperative agreement).
``(b) Wildfire Suppression Operations Account.--The President shall
establish a specific account for the assistance available pursuant to a
declaration under section 802. Such account may only be used to fund
assistance pursuant to this title.
``(c) Limitation.--
``(1) Limitation of transfer.--The assistance available
pursuant to a declaration under section 802 is limited to the
transfer of the amount requested pursuant to section 802(b)(4).
The assistance available for transfer shall not exceed the
amount contained in the wildfire suppression operations account
established pursuant to subsection (b).
``(2) Transfer of funds.--Funds under this section shall be
transferred 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 funds may be transferred to or from the account established
pursuant to subsection (b) to or from any other fund or account.
``(e) Reimbursement for Wildfire Suppression Operations on Non-
Federal Land.--If amounts transferred under subsection (c) are used to
conduct wildfire suppression operations on non-Federal land, the
respective Secretary shall--
``(1) secure reimbursement for the cost of such wildfire
suppression operations conducted on the non-Federal land; and
``(2) transfer the amounts received as reimbursement to the
wildfire suppression operations account established pursuant to
subsection (b).
``(f) Annual Accounting and Reporting Requirements.--Not later than
90 days after the end of each fiscal year for which assistance is
received pursuant to this section, the respective Secretary shall
submit to the Committees on Agriculture, Appropriations, the Budget,
Natural Resources, and Transportation and Infrastructure of the House
of Representatives and the Committees on Agriculture, Nutrition, and
Forestry, Appropriations, the Budget, Energy and Natural Resources,
Homeland Security and Governmental Affairs, and Indian Affairs of the
Senate, and make available to the public, a report that includes the
following:
``(1) The risk-based factors that influenced management
decisions regarding wildfire suppression operations of the
Federal land management agencies under the jurisdiction of the
Secretary concerned.
``(2) Specific discussion of a statistically significant
sample of large fires, in which each fire is analyzed for cost
drivers, effectiveness of risk management techniques, resulting
positive or negative impacts of fire on the landscape, impact
of investments in preparedness, suggested corrective actions,
and such other factors as the respective Secretary considers
appropriate.
``(3) Total expenditures for wildfire suppression
operations of the Federal land management agencies under the
jurisdiction of the respective Secretary, broken out by fire
sizes, cost, regional location, and such other factors as the
such Secretary considers appropriate.
``(4) Lessons learned.
``(5) Such other matters as the respective Secretary
considers appropriate.
``(g) Savings Provision.--Nothing in this title shall limit the
Secretary of the Interior, the Secretary of Agriculture, Indian Tribe,
or a State from receiving assistance through a declaration made by the
President under this Act when the criteria for such declaration have
been met.''.
SEC. 1003. PROHIBITION ON TRANSFERS.
No funds may be transferred to or from the Federal land management
agencies' wildfire suppression operations accounts referred to in
section 801(3) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to or from any account or subactivity of the Federal
land management agencies, as defined in section 801(2) of such Act,
that is not used to cover the cost of wildfire suppression operations.
TITLE XI--DISASTER RELIEF AND WILDFIRE ADJUSTMENT
SEC. 1101. INCREASE IN MAXIMUM ADJUSTMENT TO ACCOMMODATE WILDFIRE
FUNDING.
Section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control of 1985 is amended--
(1) in clause (i), by striking subclause (I) and inserting
the following:
``(I) the average over the previous
10 years (excluding the highest and
lowest years) of the sum of--
``(aa) funding provided for
disaster relief (as that term
is defined on the date
immediately before the date of
enactment of the Resilient
Federal Forests Act of 2017);
``(bb) non-emergency
funding provided for wildfire
suppression and other wildfire
related activities under the
`Wildland Fire Management' and
`FLAME Wildfire Suppression
Reserve Fund' accounts of the
Department of Agriculture and
the Department of the Interior;
and
``(cc) 10 percent of the
funding for disaster relief
designated as an emergency
under subparagraph (A)(i);
and'';
(2) in clause (ii), by striking ``the Budget Control Act of
2011'' and inserting ``the Resilient Federal Forests Act of
2017''; and
(3) by striking clause (iii) and inserting the following:
``(iii) For the purposes of this
subparagraph, the term `disaster relief'
means--
``(I) activities carried out
pursuant to a determination under
section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122(2)); or
``(II) amounts made available,
pursuant to a declaration under section
802 of such Act that a major disaster
for wildfire on Federal lands exists,
to the wildfire suppression operations
account established under section 803
of such Act.''.
Passed the House of Representatives November 1, 2017.
Attest:
KAREN L. HAAS,
Clerk.