[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1731 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1731

To address the forest health crisis on National Forest System land, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2017

   Mr. Thune introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To address the forest health crisis on National Forest System land, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forest Management Improvement Act of 
2017''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Categorical exclusion.--The term ``categorical 
        exclusion'' means an exclusion from the requirement to prepare 
        an environmental assessment or an environmental impact 
        statement under section 102 of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332) for a category of forest 
        management activities.
            (2) Forest management activity.--The term ``forest 
        management activity'' means a project or activity carried out 
        by the Secretary on National Forest System land.
            (3) Forest plan.--The term ``forest plan'' means a land and 
        resource management plan prepared by the Forest Service in 
        accordance with section 6 of the Forest and Rangeland Renewable 
        Resources Planning Act of 1974 (16 U.S.C. 1604).
            (4) National forest system.--The term ``National Forest 
        System'' has the meaning given the term in section 11(a) of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1609(a)).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.

SEC. 3. CATEGORICAL EXCLUSIONS.

    (a) Establishment of Categorical Exclusions.--
            (1) Early seral habitat creation.--A categorical exclusion 
        is available to the Secretary to conduct a forest management 
        activity the purpose of which is the creation of an early seral 
        habitat forest.
            (2) Wildlife habitat improvement.--A categorical exclusion 
        is available to the Secretary to conduct a forest management 
        activity the purpose of which is the improvement of wildlife 
        habitat.
            (3) Forest thinning.--A categorical exclusion is available 
        to the Secretary to conduct a forest management activity the 
        purpose of which is commercial thinning of forest stands on 
        suited timberland, including--
                    (A) the incidental removal of trees for landings, 
                skid trails, and road clearing; and
                    (B) the construction of a temporary road that is 
                not longer than 1 mile to carry out that commercial 
                thinning.
            (4) Salvage of dead and dying trees.--A categorical 
        exclusion is available to the Secretary to conduct a forest 
        management activity the purpose of which is the salvage of 
        trees that are dead, dying, or both, and were damaged by wind, 
        an ice storm, fire, or another event, including--
                    (A) the incidental removal of trees for landings, 
                skid trails, and road clearing; and
                    (B) the construction of a temporary road that is 
                not longer than 1 mile to carry out that salvage of 
                trees.
    (b) Acreage Limitations.--Forest management activities using the 
categorical exclusions under each of paragraphs (1) through (4) of 
subsection (a) may be conducted on not more than 10,000 acres of 
National Forest System land for each categorical exclusion.
    (c) Extraordinary Circumstances.--The Secretary may apply the 
extraordinary circumstances procedures under section 220.6 of title 36, 
Code of Federal Regulations (or successor regulations), in determining 
whether to use a categorical exclusion under subsection (a).
    (d) Consistency.--In carrying out forest management activities 
using the categorical exclusions under subsection (a), the Secretary 
shall ensure that the forest management activities are consistent with 
the applicable forest plans.
    (e) Cumulative Impacts.--The Secretary shall not be required to 
conduct a cumulative impact analysis in an environmental document 
prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) for a forest management activity carried out using a 
categorical exclusion made available to the Secretary under subsection 
(a) or any other provision of law (including regulations).
    (f) Expansion of Categorical Exclusion for Insect and Disease 
Infestation.--
            (1) Permanent authority.--Section 602(f) of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6591a(f)) is amended 
        by striking ``each of fiscal years 2014 through 2024.'' and 
        inserting ``each fiscal year.''.
            (2) Administrative review.--Section 603 of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6591b) is amended--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by striking ``described in subsection 
                (b)'';
                    (B) by striking subsection (b);
                    (C) by redesignating subsections (c) through (g) as 
                subsections (b) through (f), respectively; and
                    (D) in subsection (b) (as so redesignated)--
                            (i) in paragraph (1), by striking ``3000'' 
                        and inserting ``10,000''; and
                            (ii) in paragraph (2), by striking ``shall 
                        be'' in the matter preceding subparagraph (A) 
                        and all that follows through the period at the 
                        end of subparagraph (B) and inserting ``may be 
                        carried out in any area designated under 
                        section 602(b), including areas in Fire Regime 
                        Groups IV and V.''.

SEC. 4. EXPEDITED ENVIRONMENTAL REVIEW.

    (a) Environmental Impact Statements.--In an environmental impact 
statement prepared pursuant to section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a forest 
management activity, the Secretary shall be required to study, develop, 
and describe only the following 2 alternatives:
            (1) The forest management activity.
            (2) The alternative of no action.
    (b) Environmental Assessments.--In an environmental assessment 
prepared pursuant to section 102(2) of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332(2)) for a forest management 
activity, the Secretary shall not be required to study, develop, and 
describe the alternative of no action.

SEC. 5. GOOD NEIGHBOR AUTHORITY.

    (a) In General.--Section 8206(a)(3)(B)(i) of the Agricultural Act 
of 2014 (16 U.S.C. 2113a(a)(3)(B)(i)) is amended by striking ``or 
permanent''.
    (b) Repeal.--Section 331 of the Department of the Interior and 
Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011 note) is 
repealed.

SEC. 6. STEWARDSHIP END RESULT CONTRACTING PROJECTS.

    Section 604 of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591c) is amended--
            (1) in subsection (c), by adding at the end the following:
            ``(8) Retention of existing wood products 
        infrastructure.'';
            (2) in subsection (d)(1), by inserting ``, or lowest-cost-
        technically-acceptable,'' after ``best-value''; and
            (3) in subsection (e)(2)(A), by inserting ``, subject to 
        the condition that 25 percent of the gross receipts shall be 
        disbursed to the county in which the project site is located'' 
        before ``; and''.

SEC. 7. LITIGATION RELIEF.

    Section 106 of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6516) is amended--
            (1) by redesignating subsections (a) through (c) as 
        subsections (b) through (d), respectively;
            (2) by inserting before subsection (b) (as so redesignated) 
        the following:
    ``(a) Definition of Covered Project.--In this section, the term 
`covered project' means--
            ``(1) with respect to a project on land of the National 
        Forest System described in section 3(1)(A), any vegetation 
        management project carried out by the Secretary of Agriculture, 
        except on land on which vegetation management is prohibited by 
        law or the applicable land and resource management plan 
        described in section 101(13)(A); and
            ``(2) with respect to public lands described in section 
        3(1)(B), an authorized hazardous fuels reduction project 
        conducted under this title.'';
            (3) in subsection (b) (as so redesignated)--
                    (A) by striking ``an authorized hazardous fuels 
                reduction project conducted under this title'' and 
                inserting ``a covered project''; and
                    (B) by striking ``the authorized hazardous fuels 
                reduction project'' and inserting ``the covered 
                project'';
            (4) in subsection (c) (as so redesignated), by striking 
        ``subsection (a)'' and inserting ``subsection (b)'';
            (5) in subsection (d) (as so redesignated)--
                    (A) in paragraph (1), by striking ``an authorized 
                hazardous fuel reduction project carried out under this 
                title'' and inserting ``a covered project'';
                    (B) in paragraph (2)(B), by striking ``authorized 
                hazardous fuel reduction project'' and inserting 
                ``covered project''; and
                    (C) in paragraph (3), in the matter preceding 
                subparagraph (A), by striking ``an authorized hazardous 
                fuel reduction project'' and inserting ``a covered 
                project''; and
            (6) by adding at the end the following:
    ``(e) Forest Service Pilot Arbitration Program.--
            ``(1) Establishment.--
                    ``(A) In general.--The Secretary of Agriculture 
                (referred to in this subsection as the `Secretary') 
                shall establish within the Forest Service a pilot 
                arbitration program (referred to in this subsection as 
                the `program') to designate any of the projects 
                described in paragraph (2) for an alternative dispute 
                resolution procedure to replace judicial review of the 
                projects.
                    ``(B) Designation process and arbitration 
                procedure.--The Secretary shall--
                            ``(i) establish a process for the 
                        designation of projects and an alternative 
                        dispute resolution procedure for the program in 
                        accordance with this subsection; and
                            ``(ii) publish in the Federal Register the 
                        process and procedure described in clause (i).
            ``(2) Description of projects.--The Secretary may designate 
        for the program projects for--
                    ``(A) vegetation management;
                    ``(B) forest thinning;
                    ``(C) hazardous fuels reduction; and
                    ``(D) any other project, as determined by the 
                Secretary.
    ``(f) Costs and Fees.--
            ``(1) In general.--In awarding fees or other expenses under 
        section 2412 of title 28, United States Code, for a civil 
        action relating to a covered project, the court shall--
                    ``(A) restrict the award to reasonable hourly 
                reimbursements; and
                    ``(B) ensure that the award is not granted to--
                            ``(i) a party other than a prevailing 
                        party; or
                            ``(ii) a person that has substantial 
                        financial resources.
            ``(2) Regulations.--The Secretary shall promulgate 
        regulations for what constitutes--
                    ``(A) reasonable hourly reimbursements under 
                paragraph (1)(A); and
                    ``(B) substantial financial resources under 
                paragraph (1)(B)(ii).''.
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