117 HR 4574 IH: Salvaging American Lumber Via Action with Greater Efficiency Act U.S. House of Representatives 2021-07-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 4574IN THE HOUSE OF REPRESENTATIVESJuly 20, 2021Mr. Obernolte (for himself, Mr. Westerman, Mr. Newhouse, Mr. LaMalfa, Mr. Bentz, Mr. Rosendale, Mr. Tiffany, and Mrs. Boebert) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, 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 concernedA BILLTo expedite certain activities related to salvage operations and reforestation activities on National Forest System lands or public lands in response to catastrophic events, and for other purposes.

1.

Short title

This Act may be cited as the Salvaging American Lumber Via Action with Greater Efficiency Act or the SALVAGE Act.

2.

Categorical exclusion to expedite salvage operations in response to catastrophic events

(a)

Categorical exclusion established

Salvage operations carried out by the Secretary concerned on National Forest System lands or public lands are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).(b)

Availability of categorical exclusion

On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section.(c)

Acreage limitation

A salvage operation covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 10,000 acres.(d)

Additional requirements

(1)

Stream buffers

A salvage operation covered by the categorical exclusion established under subsection (a) shall comply with the standards and guidelines for stream buffers contained in the applicable forest plan unless waived by the Regional Forester, in the case of National Forest System lands, or the State Director of the Bureau of Land Management, in the case of public lands.(2)

Reforestation plan

A reforestation plan shall be developed under section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), as part of a salvage operation covered by the categorical exclusion established under subsection (a).

3.

Expedited salvage operations and reforestation activities following large-scale catastrophic events

(a)

Expedited environmental assessment

Notwithstanding any other provision of law, an environmental assessment prepared by the Secretary concerned pursuant to section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for a salvage operation or reforestation activity proposed to be conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event shall be completed within 60 days after the conclusion of the catastrophic event.(b)

Expedited implementation and completion

In the case of reforestation activities conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event, the Secretary concerned shall, to the maximum extent practicable, achieve reforestation of at least 75 percent of the impacted lands during the 5-year period following the conclusion of the catastrophic event.(c)

Availability of Knutson-Vandenberg Funds

Amounts in the special fund established pursuant to section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), shall be available to the Secretary of Agriculture for reforestation activities authorized by this section. (d)

Timeline for public input process

(1)

In general

Notwithstanding any other provision of law, in the case of a salvage operation or reforestation activity proposed to be conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event, the Secretary concerned shall allow—(A)30 days for public scoping and comment; (B)15 days for filing an objection; and(C)15 days for the agency response to the filing of an objection.(2)

Implementation

On the final day of the process required in paragraph (1), the Secretary concerned shall implement the project for which the process was initiated.(e)

Conversion of timber sales

(1)

In general

Not later than 60 days after a wildfire is contained on National Forest System lands, the Secretary of Agriculture shall convert any timber sales on lands impacted by such wildfire to salvage sales.(2)

Analysis deemed sufficient

If the Regional Forester determines that a proposed timber sale has been sufficiently analyzed under the National Environmental Policy Act, such analysis shall be deemed to fulfill the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to such salvage sale.

4.

Compliance with forest plan

A salvage operation or reforestation activity authorized by this Act shall be conducted in a manner consistent with the forest plan applicable to the National Forest System lands or public lands covered by the salvage operation or reforestation activity.

5.

Prohibition on restraining orders, preliminary injunctions, and injunctions pending appeal

No restraining order, preliminary injunction, or injunction pending appeal shall be issued by any court of the United States with respect to any decision to prepare or conduct a salvage operation or reforestation activity in response to a large-scale catastrophic event.

6.

Exclusions

The authorities provided by this Act do not apply with respect to any National Forest System lands or public lands—(1)that are included in the National Wilderness Preservation System;(2)that are located within a national or State specific inventoried roadless area established by the Secretary of Agriculture through regulation, unless—(A)the forest management activity to be carried out under such authority is consistent with the forest plan applicable to the area; or(B)the Secretary concerned determines the activity is allowed under the applicable roadless rule governing such lands; or(3)on which timber harvesting for any purpose is prohibited by Federal statute.

7.

Definitions

In this Act:(1)

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 such lands.(2)

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).(3)

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)).(4)

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.(5)

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.