[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.