[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4302 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 4302

 To address the bark beetle epidemic, to reduce catastrophic wildfires 
   in the highest risk areas, to restore and improve the ecological 
  integrity of forest, grassland, rangeland, and watershed ecosystems 
 across the United States through public and private partnerships with 
Federal, State, local, and Tribal governments and private partners, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 2021

Mrs. Boebert (for herself, Mr. Buck, Mr. Carter of Texas, Mr. Cole, Mr. 
  Gosar, Mr. LaMalfa, Mr. Lamborn, Mr. McClintock, Mr. Newhouse, Mr. 
  Obernolte, Mr. Rosendale, Mr. Sessions, Mr. Tiffany, Mr. Higgins of 
  Louisiana, and Mr. Moore of Alabama) introduced the following bill; 
which was referred to the Committee on Agriculture, and in addition to 
  the Committee on Natural Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To address the bark beetle epidemic, to reduce catastrophic wildfires 
   in the highest risk areas, to restore and improve the ecological 
  integrity of forest, grassland, rangeland, and watershed ecosystems 
 across the United States through public and private partnerships with 
Federal, State, local, and Tribal governments and private partners, 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 ``Active Forest 
Management, Wildfire Prevention and Community Protection Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
               TITLE I--NATIONAL PRESCRIBED BURN PROGRAM

Sec. 101. Collaborative prescribed fire program.
Sec. 102. Large cross-boundary prescribed fire incentive program.
                 TITLE II--WESTERN BARK BEETLE PROGRAM

Sec. 201. Western bark beetle epidemic fund.
                 TITLE III--ACTIVE MANAGEMENT PROGRAMS

Sec. 301. Use of hazardous fuels reduction or forest health projects 
                            for high-risk areas.
Sec. 302. Restoration and resilience partnership program.
Sec. 303. Vegetation management, facility inspection, and operation and 
                            maintenance relating to electric 
                            transmission and distribution facility 
                            rights of way.
Sec. 304. Selection and implementation of landscape-scale forest 
                            restoration projects.
             TITLE IV--FOREST RESERVE REVENUE AREA PROGRAM

Sec. 401. Establishment of forest reserve revenue areas and annual 
                            volume requirements.
Sec. 402. Management of forest reserve revenue areas.
Sec. 403. Distribution of forest reserve revenues.
Sec. 404. Annual report.
Sec. 405. Secretary defined.
         TITLE V--MISCELLANEOUS CLARIFICATIONS AND ADJUSTMENTS

Sec. 501. Wilderness and wilderness study areas.
Sec. 502. Extension of stewardship contracting maximum term limits.
Sec. 503. Clarification of existing categorical exclusion authority 
                            related to insect and disease infestation.
    TITLE VI--ANALYSIS OF PROPOSED COLLABORATIVE FOREST MANAGEMENT 
                               ACTIVITIES

Sec. 601. Analysis of only two alternatives (action versus no action) 
                            in proposed collaborative forest management 
                            activities.
                TITLE VII--FOREST MANAGEMENT LITIGATION

Sec. 701. No attorney's fees for forest management activity challenges.
Sec. 702. Injunctive relief (balance of harms).
                   TITLE VIII--CATEGORICAL EXCLUSIONS

Sec. 801. Categorical exclusion for electric utility lines rights-of-
                            way.
Sec. 802. Categorical exclusion for active forest management 
                            activities.
Sec. 803. Categorical exclusion to expedite certain critical response 
                            actions.
Sec. 804. Categorical exclusion to improve or restore national forest 
                            system lands or public land or reduce the 
                            risk of wildfire.
Sec. 805. Categorical exclusion to expedite salvage operations in 
                            response to catastrophic events.
Sec. 806. Categorical exclusion for forest restoration.
Sec. 807. Categorical exclusion for infrastructure forest management 
                            activities.
Sec. 808. Categorical exclusion for developed recreation sites.
Sec. 809. Establishment of fuel breaks in forests and other wildland 
                            vegetation.
                         TITLE IX--DEFINITIONS

Sec. 901. Definitions.

               TITLE I--NATIONAL PRESCRIBED BURN PROGRAM

SEC. 101. COLLABORATIVE PRESCRIBED FIRE PROGRAM.

    Subject to the availability of appropriations, the Secretary of the 
Interior shall establish within the Department of the Interior a 
collaborative prescribed fire program to provide financial assistance 
to eligible entities, including units of Federal land management 
agencies, counties, States, Indian Tribes, and prescribed fire 
councils, for the implementation of proposals for the conduct of 
prescribed fires in priority landscapes in accordance with applicable 
existing policies, including the National Cohesive Wildland Fire 
Management Strategy.

SEC. 102. LARGE CROSS-BOUNDARY PRESCRIBED FIRE INCENTIVE PROGRAM.

    Subject to the availability of appropriations, the Secretary 
concerned shall establish an incentive program to encourage the 
implementation of large, cross-boundary prescribed fires by providing 
incentive payments for conducting a qualified prescribed fire.

                 TITLE II--WESTERN BARK BEETLE PROGRAM

SEC. 201. WESTERN BARK BEETLE EPIDEMIC FUND.

    (a) Establishment.--There is established in the Treasury a Western 
Bark Beetle Epidemic Fund (in this title referred to as the ``Fund'').
    (b) Use.--Amounts in the Fund shall be used by the Secretary 
concerned to remove or treat bark beetle-killed or infested trees in a 
western State specified by the Secretary.
    (c) Report.--Not later than 730 days after the date of the 
enactment of this Act and every two years thereafter, the Secretary of 
Agriculture and the Secretary of the Interior shall submit to the 
Committee on Agriculture of the House of Representatives, the Committee 
on Natural Resources of the House of Representatives, the Committee on 
Agriculture, Nutrition, and Forestry of the Senate, and the Committee 
on Energy and Natural Resources of the Senate a report on--
            (1) the effectiveness of the Fund;
            (2) the number of bark beetle trees removed; and
            (3) the number of acres by agency of current high-risk bark 
        beetle areas.
    (d) Form of Report.--The information required by subsection (c) to 
be provided with respect to the Fund shall be presented on a single 
page for each western State.
    (e) Authorization of Appropriations.--In addition to amounts 
otherwise made available for the Fund, there is authorized to be 
appropriated for fiscal year 2022 and each fiscal year thereafter, 
$126,346,415, adjusted for inflation as determined by the Congressional 
Budget Office.
    (f) Offset.--The amount appropriated from the Treasury for the Fund 
shall be offset by the revenues generated for the Treasury from covered 
forest reserve projects to help carry out landscape-scale-forest 
restoration projects authorized by this Act.

                 TITLE III--ACTIVE MANAGEMENT PROGRAMS

SEC. 301. USE OF HAZARDOUS FUELS REDUCTION OR FOREST HEALTH PROJECTS 
              FOR HIGH-RISK AREAS.

    (a) Project Proposals.--
            (1) Proposals authorized.--Upon designation of a high-risk 
        area in a State, the Governor of the State may provide for the 
        development of proposed hazardous fuel reduction projects or 
        forest health projects for the high-risk area.
            (2) Project criteria.--In preparing a proposed hazardous 
        fuel reduction project or a forest health project, the Governor 
        of a State and the Secretary concerned shall--
                    (A) take into account managing for rights of way, 
                protection of watersheds, protection of wildlife and 
                endangered species habitat, safe-guarding water 
                resources, and protecting at-risk communities from 
                wildfires; and
                    (B) emphasize activities that thin the forest to 
                provide the greatest health and longevity of the 
                forest.
    (b) Consultation.--In preparing a proposed hazardous fuel reduction 
project or a forest health project, the Governor of a State shall 
consult with county government from affected counties, and with 
affected Indian tribes.
    (c) Submission and Implementation.--The Governor of a State shall 
submit proposed emergency hazardous fuel reduction projects and forest 
health projects to the Secretary concerned for implementation.

SEC. 302. RESTORATION AND RESILIENCE PARTNERSHIP PROGRAM.

    (a) Purposes.--The purposes of this section are--
            (1) to restore and improve the ecological integrity of 
        forest, grassland, and rangeland ecosystems across the United 
        States in partnership with State, local, and Tribal 
        governments;
            (2) to create or sustain outdoor jobs by reducing the 
        backlog of restoration and resilience projects on Federal land 
        and non-Federal land;
            (3) to improve the resilience and carrying capacity of 
        rangelands in the United States by preventing or mitigating 
        invasive species, such as cheatgrass, that contribute to 
        rangeland fire; and
            (4) to reduce uncharacteristic wildfires in the highest 
        risk areas of the United States by carrying out, in accordance 
        with applicable law, restoration and resilience projects.
    (b) Establishment.--There is established a Restoration and 
Resilience Partnership Program, under which the Secretary of 
Agriculture shall carry out restoration and resilience projects in 
partnership areas designated under subsection (c)(1).
    (c) Designation of Partnership Areas.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall designate, for the 
        purposes of carrying out restoration and resilience projects 
        under subsection (d), any areas of Federal land and non-Federal 
        land that the Secretary determines to be appropriate.
            (2) Submission of partnership areas by states and tribes.--
                    (A) In general.--The Governor of a State or an 
                authorized representative of an Indian Tribe may submit 
                to the Secretary, in writing, a request to designate 
                certain Federal land or non-Federal land in the State 
                or Indian Country, respectively, for restoration and 
                resilience projects under subsection (d).
                    (B) Inclusions.--A written request submitted under 
                subparagraph (A) may include 1 or more maps or 
                recommendations.
    (d) Requirements.--To be eligible for designation under subsection 
(c), an area shall--
            (1) have a high or very high wildfire potential as 
        determined by--
                    (A) the map of the Forest Service entitled 
                ``Wildfire Hazard Potential Version 2020''; or
                    (B) any other mapping resource or data source 
                approved by the Secretary that depicts the risk of 
                wildfires;
            (2) have high-priority wildlife habitat urgently in need of 
        restoration, as determined by the Secretary, in consultation 
        with eligible entities and the applicable Governor or 
        representative of an Indian Tribe; or
            (3) in the case of Federal land, be in the wildland-urban 
        interface.

SEC. 303. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND 
              MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND 
              DISTRIBUTION FACILITY RIGHTS OF WAY.

    (a) Hazard Trees Within 500 Feet of Electric Power Line.--Section 
512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking ``10'' and 
inserting ``500''.
    (b) Consultation With Private Landowners.--Section 512(c)(3)(E) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1772(c)(3)(E)) is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
                            ``(iii) consulting with private landowners 
                        with respect to any hazard trees identified for 
                        removal from land owned by such private 
                        landowners.''.
    (c) Review and Approval Process.--Clause (iv) of section 
512(c)(4)(A) of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1772(c)(4)(A)) is amended to read as follows:
                            ``(iv) ensures that--
                                    ``(I) a plan submitted without a 
                                modification under clause (iii) shall 
                                be automatically approved 60 days after 
                                review; and
                                    ``(II) a plan submitted with a 
                                modification under clause (iii) shall 
                                be automatically approved 67 days after 
                                review.''.

SEC. 304. SELECTION AND IMPLEMENTATION OF LANDSCAPE-SCALE FOREST 
              RESTORATION PROJECTS.

    (a) In General.--The Secretary of Agriculture shall select, in 
accordance with this section, landscape-scale forest restoration 
projects--
            (1) to implement on National Forest System land; and
            (2) if applicable, to implement on land adjoining National 
        Forest System land, in coordination with other Federal and non-
        Federal entities.
    (b) Landscape Assessment.--The project selected under to subsection 
(a) shall be based on a landscape assessment that shall cover a 
landscape of--
            (1) not less than 100,000 acres, except as provided in 
        subparagraph (B) and (C);
            (2) not less than 80,000 acres, if--
                    (A) the assessment is completed or substantially 
                completed on the date of the enactment of this Act; and
                    (B) the Secretary determines that assessing a 
                larger area is not necessary to restore the integrity, 
                resilience, and fire regimes of the landscape; or
            (3) not less than 50,000 acres in the case of a project 
        that is carried out east of the one-hundredth meridian.
    (c) Eligibility Requirements.--To be eligible for selection and 
implementation under subsection (a), a landscape-scale forest 
restoration project shall satisfy the following requirements:
            (1) Restore the ecological integrity and ecological 
        resilience of terrestrial and aquatic areas that have departed 
        from reference conditions within the forest landscape.
            (2) Restore appropriate natural fire regimes, including by 
        reducing fuel loads and modifying forest structure in areas 
        that have departed from reference conditions.
            (3) Conduct wildfire risk reduction activities within the 
        wildland-urban interface to the extent that the project 
        includes lands within the wildland-urban interface.

             TITLE IV--FOREST RESERVE REVENUE AREA PROGRAM

SEC. 401. ESTABLISHMENT OF FOREST RESERVE REVENUE AREAS AND ANNUAL 
              VOLUME REQUIREMENTS.

    (a) Purpose.--The purpose of a Forest Reserve Revenue Area is to 
provide a dependable source of 25-percent payments and economic 
activity through sustainable forest management for each beneficiary 
county containing National Forest System land.
    (b) Establishment of Forest Reserve Revenue Areas.--Not later than 
60 days after the date of the enactment of this Act, the Secretary 
shall establish one or more Forest Reserve Revenue Areas within each 
unit of the National Forest System.
    (c) Fiduciary Responsibility.--The Secretary shall have a fiduciary 
responsibility to beneficiary counties to manage Forest Reserve Revenue 
Areas to satisfy the annual volume requirement.
    (d) Determination of Annual Volume Requirement.--Not later than 30 
days after the date of the establishment of a Forest Reserve Revenue 
Area, the Secretary shall determine the annual volume requirement for 
that Forest Reserve Revenue Area.
    (e) Minimum.--The annual volume requirement for the Forest Revenue 
Area shall be not less than 6,000,000,000 Board Feet.
    (f) Limitation on Reduction of Forest Reserve Revenue Areas.--Once 
a Forest Reserve Revenue Area is established under subsection (a), the 
Secretary may not reduce the number of acres of National Forest System 
land included in that Forest Reserve Revenue Area.
    (g) Map.--The Secretary shall provide a map of all Forest Reserve 
Revenue Areas established under subsection (a) for each unit of the 
National Forest System--
            (1) to the Committee on Agriculture and the Committee on 
        Natural Resources of the House of Representatives; and
            (2) to the Committee on Agriculture, Nutrition, and 
        Forestry and the Committee on Energy and Natural Resources of 
        the Senate.
    (h) Recognition of Valid and Existing Rights.--Neither the 
establishment of Forest Reserve Revenue Areas under subsection (a) nor 
any other provision of this title shall be construed to limit or 
restrict--
            (1) access to National Forest System land for hunting, 
        fishing, recreation, and other related purposes; or
            (2) valid and existing rights regarding National Forest 
        System land, including rights of any federally recognized 
        Indian tribe.

SEC. 402. MANAGEMENT OF FOREST RESERVE REVENUE AREAS.

    (a) Requirement To Achieve Annual Volume Requirement.--The 
Secretary shall manage the Forest Reserve Revenue Area established 
under section 401 in the manner necessary to achieve the annual volume 
requirement for the Forest Reserve Revenue Area.
    (b) Timing.--The Secretary is authorized and encouraged to commence 
covered forest reserve projects as soon as practicable after the date 
of the enactment of this Act to begin generating forest reserve 
revenues.
    (c) Application of NEPA.--Except as provided in subsection (d), the 
National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) 
shall not apply to covered forest reserve projects under this section.
    (d) Environmental Analysis Process for Projects in Forest Reserve 
Revenue Areas.--
            (1) Environmental assessment.--The Secretary shall give 
        published notice and complete an environmental assessment 
        pursuant to section 102(2) of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4332(2)) for a covered forest reserve 
        project proposed to be conducted within a Forest Reserve 
        Revenue Area, except that the Secretary is not required to 
        study, develop, or describe any alternative to the proposed 
        agency action.
            (2) Cumulative effects.--The Secretary shall consider 
        cumulative effects solely by evaluating the impacts of a 
        proposed covered forest reserve project combined with the 
        impacts of any other projects that were approved with a 
        Decision Notice or Record of Decision before the date on which 
        the Secretary published notice of the proposed covered project. 
        The cumulative effects of past projects may be considered in 
        the environmental assessment by using a description of the 
        current environmental conditions.
            (3) Length.--The environmental assessment prepared for a 
        proposed covered forest reserve project shall not exceed 100 
        pages in length. The Secretary may incorporate in the 
        environmental assessment, by reference, any documents that the 
        Secretary determines, in the sole discretion of the Secretary, 
        are relevant to the assessment of the environmental effects of 
        the covered project.
            (4) Deadline for completion.--The Secretary shall complete 
        the environmental assessment for a covered forest reserve 
        project within 180 days after the date on which the Secretary 
        published notice of the proposed covered project.
            (5) Treatment of decision notice.--The decision notice for 
        a covered forest reserve project shall be considered a final 
        agency action and no additional analysis under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall 
        be required to implement any portion of the covered project.
    (e) Application of Land and Resource Management Plan.--The 
Secretary may modify the standards and guidelines contained in the land 
and resource management plan for the unit of the National Forest System 
in which the covered forest reserve project will be carried out as 
necessary to achieve the requirements of this Act. Section 
6(g)(3)(E)(iv) of the Forest and Rangeland Renewable Resources Planning 
Act of 1974 (16 U.S.C. 1604(g)(3)(E)(iv)) shall not apply to a covered 
forest reserve project.

SEC. 403. DISTRIBUTION OF FOREST RESERVE REVENUES.

    (a) 25-Percent Payments.--The Secretary shall use forest reserve 
revenues generated by a covered forest reserve project to make 25 
percent payments to the one or more counties within the boundaries of 
which the revenue is derived, to be allocated among the counties based 
on the percentage of land from which the revenue is derived.
    (b) Payments in Lieu of Taxes.--A payment to a county under 
paragraph (1) shall be in addition to a payment in lieu of taxes 
received by the county under chapter 69 of title 31, United States 
Code.
    (c) Secure Rural Schools.--A payment to a county under subsection 
(a) shall be in addition to a Secure Rural Schools and Community Self-
Determination Act payment received by the county under section 102 of 
the Secure Rural Schools and Community Self-Determination Act (16 
U.S.C. 7112).
    (d) Deposit in Knutson-Vandenberg and Salvage Sale Funds.--In the 
case of funds remaining after the Secretary makes the payments required 
in subsection (a), the Secretary shall use forest reserve revenues to 
make deposits into the fund established under section 3 of the Act of 
June 9, 1930 (16 U.S.C. 576b; commonly known as the Knutson-Vandenberg 
Fund), and the fund established under section 14(h) of the National 
Forest Management Act of 1976 (16 U.S.C. 472a(h); commonly known as the 
salvage sale fund) in contributions equal to the monies otherwise 
collected under those Acts for projects conducted on National Forest 
System land.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated 25 percent of all revenues generated for the Treasury from 
covered forest reserve projects to help carry out landscape-scale-
forest restoration projects authorized by this title.
    (f) Deposit in General Fund of the Treasury.--In the case of funds 
remaining after the Secretary makes the payments required in 
subsections (a) and (b), the Secretary shall deposit remaining forest 
reserve revenues into the general fund of the Treasury.

SEC. 404. ANNUAL REPORT.

    (a) Report Required.--Not later than 60 days after the end of each 
fiscal year, the Secretary shall submit to Congress an annual report 
specifying the annual volume requirement in effect for that fiscal year 
for each Forest Reserve Revenue Area, the volume of board feet actually 
harvested for each Forest Reserve Revenue Area, the average cost of 
preparation for timber sales, the forest reserve revenues generated 
from such sales, and the amount of receipts distributed to each 
beneficiary county.
    (b) Form of Report.--The information required by subsection (a) to 
be provided with respect to a Forest Reserve Revenue Area shall be 
presented on a single page and made available on the website of the 
United States Forest Service.

SEC. 405. SECRETARY DEFINED.

    In this title, the term ``Secretary'' means the Secretary of 
Agriculture.

         TITLE V--MISCELLANEOUS CLARIFICATIONS AND ADJUSTMENTS

SEC. 501. WILDERNESS AND WILDERNESS STUDY AREAS.

    The designation of a Wilderness Area or Wilderness Study Area shall 
not interfere with the authority of the Secretary concerned to 
authorize mechanical thinning of trees or underbrush to prevent or 
control the spread of wildfires, or conditions creating the risk of 
wildfire that threatens areas outside the boundary of the wilderness, 
or the use of mechanized equipment for wildfire pre-suppression and 
suppression.

SEC. 502. EXTENSION OF STEWARDSHIP CONTRACTING MAXIMUM TERM LIMITS.

    Section 604(d) of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591c(d)) is amended by striking paragraph (3) and inserting the 
following new paragraph:
            ``(3) Term.--The Chief and the Director may enter into a 
        contract in accordance with section 3903 of title 41, United 
        States Code.''.

SEC. 503. 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''.

    TITLE VI--ANALYSIS OF PROPOSED COLLABORATIVE FOREST MANAGEMENT 
                               ACTIVITIES

SEC. 601. 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; and
            (4) will occur on lands designated by the Secretary (or a 
        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 
        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) snowpack levels in the project area;
                    (C) wildlife habitat loss; and
                    (D) other economic and social factors.

                TITLE VII--FOREST MANAGEMENT LITIGATION

SEC. 701. NO ATTORNEY'S 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 Treasury to pay any fees or other expenses under 
such sections to any plaintiff related to an action challenging a 
forest management activity or other authorization carried out pursuant 
to this Act.

SEC. 702. INJUNCTIVE RELIEF (BALANCE OF HARMS).

    (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 or 
provision in this Act, 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.--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, shall not exceed 60 days.

                   TITLE VIII--CATEGORICAL EXCLUSIONS

SEC. 801. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY LINES RIGHTS-OF-
              WAY.

    (a) Categorical Exclusion.--Forest management activities described 
in subsection (b) are a category of activities 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 as being 
categorically excluded under subsection (a) are--
            (1) the development and approval of a vegetation 
        management, facility inspection, and operation and maintenance 
        plan submitted under section 512(c)(1) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)) by the 
        Secretary concerned; and
            (2) the implementation of routine activities conducted 
        under the plan referred to in paragraph (1).
    (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) Extraordinary Circumstances.--Use of the categorical exclusion 
established under subsection (a) shall not be subject to the 
extraordinary circumstances procedures in section 220.6, title 36, Code 
of Federal Regulations, or section 1508.4, title 40, Code of Federal 
Regulations.
    (e) Roads.--
            (1) Existing roads.--The Secretary concerned may carry out 
        necessary maintenance and repair on an existing permanent road 
        for the purposes of conducting a forest management activity 
        designated under subsection (b).
            (2) Temporary roads.--The Secretary concerned shall 
        decommission any temporary road constructed for a forest 
        management activity designated under subsection (b) not later 
        than 3 years after the date on which the action is completed.
    (f) Applicable Laws.--A forest management activity designated under 
subsection (b) shall not be subject to section 7 of the Endangered 
Species Act of 1973 (16 U.S.C. 1536), section 106 of the National 
Historic Preservation Act, or any other applicable law.

SEC. 802. CATEGORICAL EXCLUSION FOR ACTIVE FOREST MANAGEMENT 
              ACTIVITIES.

    (a) Coordination.--
            (1) In general.--In conducting forest management 
        activities, the Secretary concerned shall, as appropriate, 
        coordinate with the Administrator and State and local agencies 
        and organizations, including local fire departments and 
        volunteer groups.
            (2) Goals.--The coordination of activities under 
        subparagraph (1) should aim to increase efficiencies and 
        maximize the compatibility of management practices across 
        public property boundaries.
    (b) Multiple Benefits.--
            (1) In general.--In conducting forest management 
        activities, the Secretary concerned shall conduct the 
        activities in a manner that, except as provided in subsection 
        (a)(2), attains multiple ecosystem benefits, including--
                    (A) maintaining biological diversity;
                    (B) improving wetland and water quality, including 
                in Stream Environment Zones; and
                    (C) increasing resilience to changing water 
                temperature and precipitation.
            (2) Exception.--Notwithstanding subsection (a)(2), the 
        attainment of multiple ecosystem benefits shall not be required 
        if the Secretary determines that management for multiple 
        ecosystem benefits would excessively increase the cost of a 
        program in relation to the additional ecosystem benefits gained 
        from the management activity.
    (c) Ground Disturbance.--Consistent with applicable Federal law, 
the Secretary shall establish post-program ground condition criteria 
for ground disturbance caused by forest management activities.
    (d) Availability of Categorical Exclusion for Certain Forest 
Management Projects.--A forest management activity conducted for the 
purpose of reducing forest fuels is categorically excluded from the 
requirements of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) if the forest management activity--
            (1) notwithstanding section 423 of the Department of the 
        Interior, Environment, and Related Agencies Appropriations Act, 
        2009 (division E of Public Law 111-8; 123 Stat. 748), does not 
        exceed 10,000 acres, including not more than 3,000 acres of 
        mechanical thinning; and
            (2) is developed--
                    (A) in coordination with impacted parties, 
                specifically including representatives of local 
                governments, such as county supervisors or county 
                commissioners; and
                    (B) in consultation with other interested parties.

SEC. 803. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE 
              ACTIONS.

    (a) Categorical Exclusion.--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;
            (6) to facilitate native species restoration; or
            (7) any combination of the purposes specified in paragraphs 
        (1) through (6).
    (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. 804. CATEGORICAL EXCLUSION TO IMPROVE OR RESTORE NATIONAL FOREST 
              SYSTEM LANDS OR PUBLIC LAND OR REDUCE THE RISK OF 
              WILDFIRE.

    (a) Categorical Exclusion.--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 following 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, ponderosa pine trees, 
                lodgepole pine trees, limber pine trees, Douglas-fir 
                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.

SEC. 805. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN 
              RESPONSE TO CATASTROPHIC EVENTS.

    (a) Categorical Exclusion.--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) 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. 806. CATEGORICAL EXCLUSION FOR FOREST RESTORATION.

    (a) Categorical Exclusion.--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 category of forest management 
        activities designated under this section for 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--
                    (A) to improve forest health and resiliency to 
                disturbances;
                    (B) to reduce hazardous fuels; or
                    (C) to improve wildlife and aquatic habitat.
            (2) Activities authorized.--The following forest management 
        activities may be carried out pursuant the categorical 
        exclusion established under subsection (a):
                    (A) Timber harvests, including commercial and pre-
                commercial timber harvest, salvage harvest, and 
                regeneration harvest.
                    (B) Hazardous fuels reduction.
                    (C) Prescribed burning.
                    (D) Improvement or establishment of wildlife and 
                aquatic habitat.
                    (E) Stream restoration and erosion control.
    (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 
contain treatment units exceeding a total of 6,000 acres.
    (e) Limitations on Road Building.--
            (1) Permanent roads.--A forest management activity covered 
        by the categorical exclusion established by subsection (a) may 
        include--
                    (A) the construction of permanent roads not to 
                exceed 3 miles; and
                    (B) the maintenance and reconstruction of existing 
                permanent roads and trails, including the relocation of 
                segments of existing roads and trails to address 
                resource impacts.
            (2) Temporary roads.--Any temporary road constructed for a 
        forest management activity covered by the categorical exclusion 
        established by subsection (a) shall be decommissioned not later 
        than 3 years after the date on which the project is completed.

SEC. 807. CATEGORICAL EXCLUSION FOR INFRASTRUCTURE FOREST MANAGEMENT 
              ACTIVITIES.

    (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 category of forest management activities designated 
under this section for 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) constructing or reconstructing roads not exceeding 3 
        miles;
            (2) adding an existing road to the forest transportation 
        system;
            (3) reclassifying a road at a different maintenance level;
            (4) reconstructing or rehabilitating bridges; or
            (5) maintaining facilities through the use of pesticides as 
        authorized by applicable Federal and State law and as applied 
        in accordance with label instructions.
    (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.

SEC. 808. CATEGORICAL EXCLUSION FOR DEVELOPED RECREATION SITES.

    (a) Categorical Exclusion.--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 category of forest management 
        activities designated under this section for a categorical 
        exclusion are forest management activities described in 
        paragraph (2) carried out by the Secretary concerned on 
        National Forest System lands or public lands where the primary 
        purpose of such activity is to operate, maintain, modify, 
        reconstruct, or decommission existing developed recreation 
        sites.
            (2) Activities authorized.--The following forest management 
        activities may be carried out pursuant to the categorical 
        exclusion under subsection (a):
                    (A) Constructing, modifying, or reconstructing 
                fishing piers, wildlife viewing platforms, docks, or 
                other constructed recreation sites or facilities.
                    (B) Constructing, reconstructing, or maintaining, 
                parking areas, roads, or trails within or connecting to 
                recreation sites, including paving and road and trail 
                rerouting, except that--
                            (i) permanent roads constructed under this 
                        section may not exceed 3 miles; and
                            (ii) temporary roads constructed for 
                        projects covered by this section shall be 
                        decommissioned within 3 years of completion of 
                        the project.
                    (C) Modifying or reconstructing existing water or 
                waste disposal systems.
                    (D) Constructing, modifying, or reconstructing 
                single or group use sites.
                    (E) Constructing, modifying, or reconstructing boat 
                landings.
                    (F) Reconstructing existing ski lifts.
                    (G) Modifying or reconstructing a recreation 
                lodging rental.
    (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.

SEC. 809. ESTABLISHMENT OF FUEL BREAKS IN FORESTS AND OTHER WILDLAND 
              VEGETATION.

    (a) Categorical Exclusion.--Forest management activities described 
in subsection (b) are a category of actions 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) In general.--The category of forest management 
        activities designated under subsection (a) 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 establish and maintain 
        linear fuel breaks that are--
                    (A) up to 1,000 feet in width adjacent to, and 
                incorporating, existing linear features, such as roads, 
                trails, transmission lines, and pipelines of any length 
                on Federal land; and
                    (B) intended to reduce the risk of wildfire on the 
                Federal land or an adjacent at-risk community.
            (2) Activities.--Subject to paragraph (3), the forest 
        management activities that may be carried out pursuant to the 
        categorical exclusion established under subsection (a) are--
                    (A) mowing or masticating;
                    (B) thinning by manual and mechanical cutting;
                    (C) piling, yarding, and removal of slash;
                    (D) selling of vegetation products, including 
                timber, firewood, biomass, slash, and fence posts;
                    (E) targeted grazing;
                    (F) application of--
                            (i) pesticide;
                            (ii) biopesticide; or
                            (iii) herbicide;
                    (G) seeding of native species;
                    (H) controlled burns and broadcast burning; and
                    (I) burning of piles, including jackpot piles.
    (c) Acreage and Location Limitations.--Treatments of vegetation in 
linear fuel breaks covered by the categorical exclusion established 
under subsection (a)--
            (1) may not contain treatment units in excess of 3,000 
        acres; and
            (2) shall be located primarily in an area described in 
        section 605(c)(2) of the Healthy Forests Restoration Act of 
        2003 (16 U.S.C. 6591d(c)(2)).

                         TITLE IX--DEFINITIONS

SEC. 901. DEFINITIONS.

    In this Act:
            (1) Catastrophic event.--The term ``catastrophic event'' 
        means any natural disaster (including a hurricane, tornado, 
        windstorm, snow or ice storm, rain storm, high water, wind-
        driven water, tidal wave, earthquake, volcanic eruption, 
        landslide, mudslide, drought, or insect or disease outbreak) or 
        any fire, flood, or explosion, regardless of cause.
            (2) Collaborative process.--The term ``collaborative 
        process'' 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 chapter 47 of the Act of February 26, 
        1919 (40 Stat. 1179).
            (5) Covered forest reserve project.--The term ``covered 
        forest reserve project'' means a project involving the 
        management or sale of national forest materials within a Forest 
        Reserve Revenue Area that generates forest reserve revenues and 
        achieve the annual volume requirement for the Forest Reserve 
        Revenue Area.
            (6) 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 
        or the following activities:
                    (A) Prescribed burning for ecosystem health and 
                hazardous fuel reduction.
                    (B) Mechanical and minimum tool treatment.
                    (C) Stream environment zone restoration and other 
                watershed and wildlife habitat enhancements.
                    (D) Nonnative invasive species management.
            (7) 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).
            (8) 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.
            (9) 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)).
            (10) 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).
            (11) 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.
            (12) 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.
            (13) 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).
            (14) Salvage operation.--The term ``salvage operation'' 
        means a forest management activity or restoration activity 
        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.
            (15) 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.
            (16) State.--The term ``State'' means each of the several 
        States.
            (17) Western state.--The term ``western State'' means any 
        of the States of Alaska, Arizona, California, Colorado, Idaho, 
        Montana, Nevada, New Mexico, North Dakota, Oregon, South 
        Dakota, Utah, Washington, or Wyoming.
            (18) Conservation finance agreement.--The term 
        ``conservation finance agreement'' means a mutual benefit 
        agreement (excluding a procurement contract, grant, or 
        cooperative agreement described in chapter 63 of title 31, 
        United States Code)--
                    (A) the term of which is more than 1, but not more 
                than 20, years;
                    (B) that may provide that performance under the 
                agreement during the second and subsequent years of the 
                agreement is contingent on the appropriation of funds; 
                and
                    (C) if the agreement does so provide, that may 
                provide for a cancellation payment to be made to the 
                partner if those appropriations are not made.
            (19) Ecological integrity.--The term ``ecological 
        integrity'' has the meaning given the term in section 219.19 of 
        title 36, Code of Federal Regulations (as in effect on the date 
        of enactment of this Act).
            (20) Restore.--The term ``restore'' has the meaning given 
        the term in section 219.19 of title 36, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act).
            (21) Wildland-urban interface.--The term ``wildland-urban 
        interface'' has the meaning given the term in section 101 of 
        the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
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