[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2068 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 2068

 To discourage litigation against the Forest Service and the Bureau of 
 Land Management relating to land management projects, to require the 
   Secretary of the Interior to develop a categorical exclusion for 
 covered vegetative management activities carried out to establish or 
 improve habitat for greater sage-grouse and mule deer, to address the 
 forest health crisis on National Forest System land, to expedite and 
     prioritize forest management activities to achieve ecosystem 
            restoration objectives, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2017

   Mr. Barrasso (for himself, Mr. Hatch, Mr. Thune, and Mr. Daines) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To discourage litigation against the Forest Service and the Bureau of 
 Land Management relating to land management projects, to require the 
   Secretary of the Interior to develop a categorical exclusion for 
 covered vegetative management activities carried out to establish or 
 improve habitat for greater sage-grouse and mule deer, to address the 
 forest health crisis on National Forest System land, to expedite and 
     prioritize forest management activities to achieve ecosystem 
            restoration objectives, 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 ``Wildfire 
Prevention and Mitigation 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. Definition of Secretary.
       TITLE I--LITIGATION RELIEF FOR FOREST MANAGEMENT PROJECTS

Sec. 101. Forest and Rangeland Renewable Resources Planning Act of 
                            1974.
Sec. 102. Federal Land Policy and Management Act of 1976.
     TITLE II--SAGE-GROUSE AND MULE DEER HABITAT CONSERVATION AND 
                              RESTORATION

Sec. 201. Definitions.
Sec. 202. Improvement of habitat for greater sage-grouse and mule deer.
          TITLE III--FOREST HABITAT AND ECOSYSTEM IMPROVEMENT

Sec. 301. Definitions.
                     Subtitle A--General Provisions

Sec. 311. Environmental assessments.
Sec. 312. Good neighbor authority.
Sec. 313. Stewardship end result contracting projects.
Sec. 314. Pilot alternative dispute process.
                   Subtitle B--Ecosystem Restoration

Sec. 321. Definitions.
Sec. 322. Ecosystem restoration projects.
Sec. 323. National restoration treatment acreage.
Sec. 324. Performance measures; annual reports.
                   Subtitle C--Categorical Exclusions

Sec. 331. Definitions.
Sec. 332. Categorical exclusion to expedite certain critical response 
                            actions.
Sec. 333. Categorical exclusion to meet forest plan goals for early 
                            seral and early successional forests.
Sec. 334. Categorical exclusion to improve wildlife habitats.
Sec. 335. Categorical exclusion to thin forests.
Sec. 336. Expansion of categorical exclusion for insect and disease 
                            infestation.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of 
Agriculture, acting through the Chief of the Forest Service.

       TITLE I--LITIGATION RELIEF FOR FOREST MANAGEMENT PROJECTS

SEC. 101. FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 
              1974.

    (a) Consultation Regarding Land Management Plans.--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 Public 
                Law 93-205 (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 Public Law 93-205 
                        (16 U.S.C. 1531 et seq.), if a land management 
                        plan has been adopted by the Secretary as of 
                        the date of listing or designation; 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 to implement a 
                        land management plan, including a project 
                        carried out, or proposed to be carried out, in 
                        an area designated as critical habitat pursuant 
                        to Public Law 93-205 (16 U.S.C. 1531 et seq.); 
                        or
                            ``(ii) with respect to the development of a 
                        modification to a land management plan that 
                        would result in a significant change (within 
                        the meaning of subsection (f)(4)) in the land 
                        management plan.''.
    (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. 102. 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 Public 
                Law 93-205 (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 Public Law 93-205 
                        (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 Public Law 93-205 (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.''.

     TITLE II--SAGE-GROUSE AND MULE DEER HABITAT CONSERVATION AND 
                              RESTORATION

SEC. 201. DEFINITIONS.

    In this title:
            (1) Covered vegetation management activity.--
                    (A) In general.--The term ``covered vegetation 
                management activity'' means any activity described in 
                subparagraph (B) that--
                            (i) meets the objectives of the order of 
                        the Secretary numbered 3336 and dated January 
                        5, 2015;
                            (ii) conforms to an applicable land use 
                        plan;
                            (iii) protects, restores, or improves 
                        greater sage-grouse or mule deer habitat;
                            (iv) will not permanently impair--
                                    (I) the natural state of the 
                                treated area;
                                    (II) outstanding opportunities for 
                                solitude;
                                    (III) outstanding opportunities for 
                                primitive, unconfined recreation;
                                    (IV) economic opportunities 
                                consistent with multiple-use 
                                management; or
                                    (V) the identified values of a unit 
                                of the National Landscape Conservation 
                                System; and
                            (v)(I) restores native vegetation following 
                        a natural disturbance;
                            (II) prevents the expansion into greater 
                        sage-grouse or mule deer habitat of--
                                    (aa) juniper, pinon pine, or any 
                                other conifer; or
                                    (bb) nonnative or invasive 
                                vegetation;
                            (III) reduces the risk of loss of greater 
                        sage-grouse or mule deer habitat from wildfire 
                        or any other natural disturbance; or
                            (IV) provides emergency stabilization of 
                        soil resources after a natural disturbance.
                    (B) Description of activities.--An activity 
                referred to in subparagraph (A) is--
                            (i) manual cutting and removal of juniper 
                        trees, pinon pine trees, other conifers, or 
                        other nonnative or invasive vegetation;
                            (ii) mechanical mastication, cutting, or 
                        mowing, mechanical piling and burning, 
                        chaining, broadcast burning, or yarding;
                            (iii) removal of cheat grass, medusa head 
                        rye, other nonnative vegetation, or an invasive 
                        species;
                            (iv) collection and seeding or planting of 
                        native vegetation using a manual, mechanical, 
                        or aerial method;
                            (v) seeding of nonnative vegetation only 
                        for the purpose of emergency stabilization;
                            (vi) use of an herbicide, pesticide, or 
                        biological control agent, subject to the 
                        condition that the use shall be in accordance 
                        with applicable legal requirements, Federal 
                        agency procedures, and land use plans;
                            (vii) targeted livestock grazing to 
                        mitigate hazardous fuels and control noxious 
                        and invasive weeds;
                            (viii) temporary removal of wild horses or 
                        burros in the area in which the activity is 
                        being carried out to ensure treatment 
                        objectives are met;
                            (ix) modification or adjustment of 
                        permissible usage under an annual plan of use 
                        of a grazing permit issued by the Secretary, in 
                        coordination with the affected permit holder, 
                        to achieve restoration treatment objectives;
                            (x) installation of new, or modification of 
                        existing, fencing or water sources intended to 
                        control use or improve wildlife habitat; or
                            (xi) construction of temporary roads.
                    (C) Exclusions.--The term ``covered vegetation 
                management activity'' does not include--
                            (i) any activity conducted in a wilderness 
                        area or wilderness study area; or
                            (ii) any activity for the construction of a 
                        permanent road or permanent trail.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Temporary road.--The term ``temporary road'' means a 
        road that is--
                    (A) authorized--
                            (i) by a contract, permit, lease, other 
                        written authorization; or
                            (ii) pursuant to an emergency operation;
                    (B) not intended to be part of the permanent 
                transportation system of a Federal department or 
                agency;
                    (C) not necessary for long-term resource 
                management; and
                    (D) designed in accordance with standards 
                appropriate for the intended use of the road, taking 
                into consideration--
                            (i) safety;
                            (ii) the cost of transportation; and
                            (iii) impacts to land and resources.

SEC. 202. IMPROVEMENT OF HABITAT FOR GREATER SAGE-GROUSE AND MULE DEER.

    (a) Categorical Exclusion.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary shall develop one or 
        more categorical exclusions (as defined in section 1508.4 of 
        title 40, Code of Federal Regulations (or a successor 
        regulation)) for covered vegetative management activities 
        carried out to establish or improve habitat for greater sage-
        grouse and mule deer.
            (2) Administration.--In developing and administering a 
        categorical exclusion under paragraph (1), the Secretary 
        shall--
                    (A) be consistent with the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.);
                    (B) apply the extraordinary circumstances 
                procedures under section 220.6 of title 36, Code of 
                Federal Regulations (or a successor regulation), in 
                determining whether to use the categorical exclusion; 
                and
                    (C) consider--
                            (i) the relative efficacy of landscape-
                        scale habitat projects;
                            (ii) the likelihood of continued declines 
                        in the populations of greater sage-grouse and 
                        mule deer in the absence of landscape-scale 
                        vegetation management; and
                            (iii) the need for habitat restoration 
                        activities after wildfire or other natural 
                        disturbances.
    (b) Long-Term Monitoring and Maintenance.--Before commencing any 
covered vegetative management activity that is covered by a categorical 
exclusion under subsection (a), the Secretary shall develop a long-term 
monitoring and maintenance plan, covering at least the 20-year period 
beginning on the date of commencement, to ensure that management of the 
treated area does not degrade the habitat gains secured by the covered 
vegetative management activity.
    (c) Disposal of Vegetative Material.--Subject to applicable local 
restrictions, any vegetative material resulting from a covered 
vegetation management activity that is covered by a categorical 
exclusion under subsection (a) may be--
            (1) used for--
                    (A) fuel wood; or
                    (B) other products; or
            (2) piled or burned, or both.
    (d) Treatment for Temporary Roads.--
            (1) In general.--A temporary road constructed in connection 
        with a covered vegetation management activity that is a 
        categorical exclusion under subsection (a) shall be treated to 
        ensure the reestablishment of native vegetative cover by 
        artificial or natural means, as necessary to minimize erosion 
        from any area disturbed by the construction or use of the 
        temporary road.
            (2) Requirement.--A treatment under paragraph (1) shall be 
        designed to reestablish vegetative cover--
                    (A) as soon as practicable; but
                    (B) not later than 10 years after the date of 
                completion of the applicable covered vegetation 
                management activity.

          TITLE III--FOREST HABITAT AND ECOSYSTEM IMPROVEMENT

SEC. 301. DEFINITIONS.

    In this title:
            (1) 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).
            (2) National forest system.--
                    (A) In general.--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)).
                    (B) Exclusion.--The term ``National Forest System'' 
                does not include--
                            (i) any forest reserve not created from the 
                        public domain; or
                            (ii) any national grassland or land 
                        utilization project administered under title 
                        III of the Bankhead-Jones Farm Tenant Act (7 
                        U.S.C. 1010 et seq.).

                     Subtitle A--General Provisions

SEC. 311. ENVIRONMENTAL ASSESSMENTS.

    (a) Applicability of National Environmental Policy Act of 1969.--
The Secretary shall prepare an environmental assessment in accordance 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for each project under this title.
    (b) Public Notice and Comment.--In preparing an environmental 
assessment for a project under subsection (a), the Secretary shall 
provide public notice of, and an opportunity to comment regarding, the 
applicable project.
    (c) Consideration of Alternatives.--The Secretary shall study, 
develop, and describe in each environmental assessment under subsection 
(a)--
            (1) the project as the proposed action; and
            (2) a no-action alternative, the analysis of which shall 
        include a description of the resulting environmental effects of 
        taking no action on--
                    (A) forest health;
                    (B) habitat diversity;
                    (C) wildfire potential;
                    (D) insect and disease potential;
                    (E) municipal water supplies; and
                    (F) other economic and social factors.
    (d) Limitations.--The Secretary shall limit each environmental 
assessment under this section to a length of not more than 100 pages.
    (e) Deadline for Completion.--
            (1) In general.--Not later than 180 days after the date on 
        which the Secretary publishes a notice regarding an ecosystem 
        restoration project in accordance with subsection (b), the 
        Secretary shall complete the environmental assessment for the 
        project.
            (2) No supplemental analysis required.--No supplemental 
        analysis of an ecosystem restoration project that is the 
        subject of an environmental assessment under paragraph (1) 
        shall be required after the date on which that environmental 
        assessment is complete.

SEC. 312. GOOD NEIGHBOR AUTHORITY.

    (a) In General.--Section 8206 of the Agricultural Act of 2014 (16 
U.S.C. 2113a) is amended--
            (1) in subsection (a)(3)--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) Inclusion.--The term `forest, rangeland, and 
                watershed restoration services' includes construction, 
                reconstruction, repair, or restoration of permanent 
                roads.''; and
                    (C) in subparagraph (C)(i) (as redesignated by 
                subparagraph (A)), by striking ``or permanent''; and
            (2) in subsection (b)--
                    (A) by redesignating paragraph (3) as paragraph 
                (4); and
                    (B) by inserting after paragraph (2) the following:
            ``(3) Permanent road closure.--
                    ``(A) In general.--The Secretary may close a 
                permanent road under a good neighbor agreement without 
                carrying out with respect to the permanent road 
                authorized restoration services if the permanent road 
                would allow future access for firefighting or other 
                appropriate agency use, as determined by the applicable 
                forest supervisor.
                    ``(B) Intactness.--If a permanent road is closed 
                under subparagraph (A), the permanent road shall be 
                closed to the public according to the applicable forest 
                plan, but shall remain intact.''.
    (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. 313. STEWARDSHIP END RESULT CONTRACTING PROJECTS.

    (a) Healthy Forests Restoration.--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)--
                    (A) in paragraph (1), by inserting ``, or lowest-
                cost-technically-acceptable,'' after ``best-value''; 
                and
                    (B) by adding at the end the following:
            ``(8) Permanent road closure.--
                    ``(A) In general.--The Secretary of Agriculture may 
                close a permanent road under a contract entered into 
                under this section without achieving with respect to 
                the permanent road the restoration activities included 
                in the land management goals described in subsection 
                (c) if the permanent road would allow future access for 
                firefighting or other appropriate agency use, as 
                determined by the applicable forest supervisor.
                    ``(B) Intactness.--If a permanent road is closed 
                under subparagraph (A), the permanent road shall be 
                closed to the public according to the applicable forest 
                plan, but shall remain intact.''; 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. 314. PILOT ALTERNATIVE DISPUTE PROCESS.

    (a) Arbitration.--
            (1) In general.--The Secretary shall establish within the 
        Forest Service a 5-year arbitration pilot program as an 
        alternative dispute resolution process in lieu of judicial 
        review for the projects described in subsection (b).
            (2) Notification to objectors.--On issuance of an appeal 
        response to an objection filed with respect to a project 
        subject to an objection at the project level under part 218 of 
        title 36, Code of Federal Regulations (as in effect on the date 
        of enactment of this Act), the Secretary shall notify each 
        applicable individual or entity that submitted the objection 
        (referred to in this section as the ``objector'') that any 
        further appeal may be subject to arbitration in accordance with 
        this section.
    (b) Description of Projects.--The Secretary, in coordination with 
the head of the applicable Region of the Forest Service, may designate 
any type of project under this title for arbitration under this 
section.
    (c) Arbitrators.--
            (1) Appointment.--The Secretary shall develop and publish a 
        list of not fewer than 20 individuals eligible to serve as 
        arbitrators for the pilot program under this section.
            (2) Qualifications.--In order to be eligible to serve as an 
        arbitrator under this subsection, an individual shall be 
        currently certified by the American Arbitration Association.
    (d) Initiation of Arbitration.--
            (1) In general.--Not later than 7 days after the date of 
        receipt of a notice of intent to file suit challenging a 
        project, the Secretary shall notify each applicable objector 
        and the court of jurisdiction that the project has been 
        designated for arbitration in accordance with this section.
            (2) Demand for arbitration.--
                    (A) In general.--An objector that sought judicial 
                review of a project that has been designated by the 
                Secretary for arbitration under this section may file a 
                demand for arbitration in accordance with--
                            (i) sections 571 through 584 of title 5, 
                        United States Code; and
                            (ii) this paragraph.
                    (B) Requirements.--A demand for arbitration under 
                subparagraph (A) shall--
                            (i) be filed not later than the date that 
                        is 30 days after the date of the notification 
                        by the Secretary under paragraph (1); and
                            (ii) include an alternative proposal to the 
                        applicable project that describes each 
                        modification sought by the objector with 
                        respect to the project.
    (e) Selection of Arbitrator.--For each arbitration commenced under 
this section, the Secretary and each applicable objector shall agree on 
a mutually acceptable arbitrator from the list published under 
subsection (c)(1).
    (f) Responsibilities of Arbitrator.--
            (1) In general.--An arbitrator selected under subsection 
        (e)--
                    (A) shall address each demand filed for arbitration 
                with respect to a project under this section; but
                    (B) may consolidate into a single arbitration all 
                demands for arbitration by all objectors with respect 
                to a project.
            (2) Selection of proposals.--An arbitrator shall make a 
        decision regarding each applicable demand for arbitration under 
        this section by selecting--
                    (A) the project, as approved by the Secretary;
                    (B) an alternative proposal submitted by the 
                applicable objector; or
                    (C) neither proposal.
            (3) Limitations.--
                    (A) Administrative record.--A decision of an 
                arbitrator under this subsection shall be based solely 
                on the administrative record for the project.
                    (B) No modifications to proposals.--An arbitrator 
                may not modify any proposal contained in a demand for 
                arbitration of an objector under this section.
    (g) Deadline for Completion of Arbitration.--Not later than 90 days 
after the date on which a demand for arbitration is filed under 
subsection (d)(2), the arbitration process shall be completed.
    (h) Effect of Arbitration Decision.--A decision of an arbitrator 
under this section--
            (1) shall not be considered to be a major Federal action;
            (2) shall be binding; and
            (3) shall not be subject to judicial review, except as 
        provided in section 10(a) of title 9, United States Code.
    (i) Termination of Effectiveness.--The authority provided by this 
section terminates effective January 1, 2023.

                   Subtitle B--Ecosystem Restoration

SEC. 321. DEFINITIONS.

    In this subtitle:
            (1) Community wildfire protection plan.--The term 
        ``community wildfire protection plan'' has the meaning given 
        the term in section 101 of the Healthy Forests Restoration Act 
        of 2003 (16 U.S.C. 6511).
            (2) Restoration.--
                    (A) In general.--The term ``restoration'', with 
                respect to an ecosystem, means to carry out any 
                activity that helps to recover, establish, or maintain 
                the resilience or adaptive capacity of an ecosystem.
                    (B) Inclusions.--The term ``restoration'' includes 
                any activity described in subsection (a) relating to--
                            (i) timber harvesting;
                            (ii) thinning;
                            (iii) prescribed fire; or
                            (iv) other vegetation manipulation in the 
                        National Forest System.

SEC. 322. ECOSYSTEM RESTORATION PROJECTS.

    (a) In General.--Subject to subsection (b), the Secretary shall 
identify, prioritize, and carry out ecosystem restoration projects on 
National Forest System land in accordance with applicable land and 
resource management plans prepared by the Secretary for units of the 
National Forest System under section 6 of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), if any, to 
accomplish one or more of the following objectives:
            (1) To restore terrestrial habitat.
            (2) To sustain water quality, water flows, or watershed 
        health and function.
            (3) To create, improve, or increase early seral habitat.
            (4) To carry out a needed timber stand improvement.
            (5) To reduce the risk or extent of insect or disease 
        infestation.
            (6) To reduce wildland fire severity potential.
            (7) To implement a community wildfire protection plan.
            (8) To establish, recover, or maintain ecosystem 
        resiliency.
    (b) Exclusions.--The Secretary may not carry out an ecosystem 
restoration project under this section on any area of National Forest 
System land--
            (1) that is a component of the National Wilderness 
        Preservation System; or
            (2) on which removal of vegetation is prohibited by law.

SEC. 323. NATIONAL RESTORATION TREATMENT ACREAGE.

    (a) In General.--For fiscal year 2018 and each fiscal year 
thereafter, the Secretary shall establish a 5-year schedule to achieve 
the ecosystem restoration objectives described in section 322(a).
    (b) Schedule Goals.--The schedule established under subsection (a) 
shall--
            (1) by the end of the first 5-year period, result in at 
        least a doubling of the acres subject to an ecosystem 
        restoration project under this subtitle, as compared to the 
        number of acres subject to an ecosystem restoration project in 
        fiscal year 2017; and
            (2) be consistent with any applicable forest plan.
    (c) Assignment.--Not later than 90 days after the date of enactment 
of this Act, and annually thereafter, the Secretary shall assign the 
annual acreage for restoration treatments, by National Forest System 
region, described in subsection (a).
    (d) Publication.--As soon as practicable after the date of each 
assignment of acreage for restoration treatments under subsection (c), 
the Secretary shall publish the acreage that will apply, by National 
Forest System region, on the Internet website of the Forest Service.

SEC. 324. PERFORMANCE MEASURES; ANNUAL REPORTS.

    (a) Performance Measures.--The Secretary shall annually evaluate 
the degree to which the Secretary is achieving--
            (1) the purposes of this subtitle, including--
                    (A) the number of acres covered by ecosystem 
                restoration projects;
                    (B) the number of acres treated by mechanical 
                methods under ecosystem restoration projects;
                    (C) the number of acres treated using stewardship 
                contracts and stewardship agreements under ecosystem 
                restoration projects;
                    (D) the number of acres treated using timber sales 
                under ecosystem restoration projects;
                    (E) the number of acres treated by prescribed fire, 
                mowing, and other noncommercial product producing 
                activities under ecosystem restoration projects; and
                    (F) to the extent practicable, a summary of acres 
                receiving more than 1 type of treatment; and
            (2) the acreage requirements established under section 
        323(b)(1).
    (b) Annual Reports.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Secretary shall 
submit to the Committee on Energy and Natural Resources and the 
Committee on Environment and Public Works of the Senate and the 
Committee on Natural Resources of the House of Representatives--
            (1) a report that describes, with respect to the preceding 
        year, the results of evaluations using the performance measures 
        described in subsection (a); and
            (2) a report that describes, with respect to the preceding 
        year--
                    (A) the number and substance of projects that are 
                subject to arbitration under section 314; and
                    (B) the outcomes of the arbitrations under that 
                section.

                   Subtitle C--Categorical Exclusions

SEC. 331. DEFINITIONS.

    In this subtitle:
            (1) Catastrophic event.--The term ``catastrophic event'' 
        means any natural disaster (such as hurricane, tornado, 
        windstorm, snow or ice storm, rain storm, high water, wind-
        driven water, tidal wave, earthquake, volcanic eruption, 
        landslide, mudslide, drought, or insect or disease outbreak), 
        or any fire, flood, or explosion, regardless of cause.
            (2) Categorical exclusion.--The term ``categorical 
        exclusion'' 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.
            (3) Forest management activity.--The term ``forest 
        management activity'' means a project or activity carried out 
        by the Secretary on National Forest System land, consistent 
        with the forest plan covering that land.
            (4) Salvage operation.--The term ``salvage operation'' 
        means a forest management activity carried out in response to a 
        catastrophic event, the primary purpose of which is--
                    (A) to prevent wildfire as a result of the 
                catastrophic event, or, if the catastrophic event was 
                wildfire, to prevent a reburn of the fire-impacted 
                area;
                    (B) to provide an opportunity for use 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 land impacted by the catastrophic event.

SEC. 332. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE 
              ACTIONS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall develop a categorical exclusion (as 
defined in section 1508.4 of title 40, Code of Federal Regulations (or 
a successor regulation)) to carry out a forest management activity on 
National Forest System land in any case in which at least 2 of the 
primary purposes of the forest management activity are--
            (1) to address an insect or disease infestation;
            (2) to treat land at risk of insect or disease infestation;
            (3) to reduce hazardous fuel loads;
            (4) to protect a municipal water source;
            (5) to maintain, enhance, or modify critical habitat to 
        protect the habitat from catastrophic disturbances;
            (6) to increase water yield;
            (7) to achieve salvage operation objectives; or
            (8) any combination of the purposes specified in paragraphs 
        (1) through (7).
    (b) Administration.--In developing and administering a categorical 
exclusion under subsection (a), the Secretary shall--
            (1) be consistent with the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.); and
            (2) apply the extraordinary circumstances procedures under 
        section 220.6 of title 36, Code of Federal Regulations (or a 
        successor regulation), in determining whether to use the 
        categorical exclusion.

SEC. 333. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR EARLY 
              SERAL AND EARLY SUCCESSIONAL FORESTS.

    (a) Availability of Categorical Exclusion.--A categorical exclusion 
is available to the Secretary to develop and carry out a forest 
management activity on National Forest System land in any case in which 
the primary purpose of the forest management activity is modifying, 
improving, enhancing, or creating an early seral or early successional 
forest, in accordance with the applicable forest plan.
    (b) Acreage Limitations.--A forest management activity covered by 
the categorical exclusion granted by subsection (a) may not contain 
harvest units exceeding a total of 6,000 acres.
    (c) Extraordinary Circumstances.--The Secretary may apply the 
extraordinary circumstances procedures under section 220.6 of title 36, 
Code of Federal Regulations (or a successor regulation), 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).

SEC. 334. CATEGORICAL EXCLUSION TO IMPROVE WILDLIFE HABITATS.

    (a) Availability of Categorical Exclusion.--A categorical exclusion 
is available to the Secretary to conduct a forest management activity 
the purpose of which is the improvement of wildlife habitat.
    (b) Acreage Limitations.--A forest management activity covered by 
the categorical exclusion granted by subsection (a) may not contain 
harvest units exceeding a total of 6,000 acres.
    (c) Extraordinary Circumstances.--The Secretary may apply the 
extraordinary circumstances procedures under section 220.6 of title 36, 
Code of Federal Regulations (or a successor regulation), 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).

SEC. 335. CATEGORICAL EXCLUSION TO THIN FORESTS.

    (a) Availability of Categorical Exclusion.--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--
            (1) the incidental removal of trees for landings, skid 
        trails, and road clearing; and
            (2) the construction of a temporary road that is not longer 
        than 1 mile to carry out that commercial thinning.
    (b) Acreage Limitations.--A forest management activity covered by 
the categorical exclusion granted by subsection (a) may not contain 
harvest units exceeding a total of 6,000 acres.
    (c) Extraordinary Circumstances.--The Secretary may apply the 
extraordinary circumstances procedures under section 220.6 of title 36, 
Code of Federal Regulations (or a successor regulation), 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).

SEC. 336. EXPANSION OF CATEGORICAL EXCLUSION FOR INSECT AND DISEASE 
              INFESTATION.

    (a) 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.''.
    (b) Administrative Review.--Section 603 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6591b) is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``described in subsection (b)'';
            (2) by striking subsection (b);
            (3) by redesignating subsections (c) through (g) as 
        subsections (b) through (f), respectively; and
            (4) in subsection (b) (as so redesignated)--
                    (A) in paragraph (1), by striking ``3000'' and 
                inserting ``6,000''; and
                    (B) 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.''.
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