[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4623 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4623

 To establish a categorical exclusion for forest management activities 
   carried out by the Secretary of Agriculture jointly with another 
    Federal agency if such forest management activities received a 
 categorical exclusion with respect to such other Federal agency, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2021

  Mr. Bentz (for himself, Mr. Stauber, Mrs. Boebert, Mr. Tiffany, Mr. 
Rosendale, Mr. Obernolte, Mr. Westerman, Mr. LaMalfa, Mr. Newhouse, and 
  Mr. Garcia of California) 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 concerned

_______________________________________________________________________

                                 A BILL


 
 To establish a categorical exclusion for forest management activities 
   carried out by the Secretary of Agriculture jointly with another 
    Federal agency if such forest management activities received a 
 categorical exclusion with respect to such other Federal agency, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commonsense Coordination Act''.

SEC. 2. CATEGORICAL EXCLUSION FOR JOINT PROJECTS.

    (a) Categorical Exclusion Established.--Forest management 
activities described in subsection (b) are a category of actions hereby 
designated as being categorically excluded from the preparation of an 
environmental assessment or an environmental impact statement under 
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332).
    (b) Forest Management Activities Designated for Categorical 
Exclusion.--The forest management activities designated under this 
section for a categorical exclusion are forest management activities--
            (1) carried out by the Secretary concerned jointly with the 
        head of another Federal agency on National Forest System lands 
        or public lands; and
            (2) for which a categorical exclusion applies with respect 
        to such other Federal agency.
    (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 after obtaining written confirmation from the other 
Federal agency that the categorical exclusion applies to the proposed 
forest management activity.
    (d) Definitions.--In this section:
            (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.
    (e) Exclusions.--The authorities provided by this section 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.

SEC. 3. USE OF ESTABLISHED CATEGORICAL EXCLUSIONS.

    Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) is amended by adding at the end the following:

``SEC. 106. USE OF ESTABLISHED CATEGORICAL EXCLUSIONS.

    ``(a) In General.--
            ``(1) Authority established.--A Federal agency may 
        designate any covered category of actions 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) without further substantiation.
            ``(2) Covered category of actions.--For purposes of 
        paragraph (1), the term `covered category of actions' means, 
        with respect to a Federal agency, a category of action 
        identified by another Federal agency 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) Judicial Review.--A categorical exclusion established 
pursuant to subsection (a)(1) shall not be subject to judicial review.
    ``(c) Exclusion.--The authorities provided by this section 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.''.
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