[Congressional Record Volume 162, Number 17 (Thursday, January 28, 2016)]
[Senate]
[Pages S376-S379]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3108. Mr. WYDEN (for himself and Mr. Crapo) submitted an amendment
intended to be proposed by him to the bill S. 2012, to provide for the
modernization of the energy policy of the United States, and for other
purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
TITLE VI--FOREST WILDFIRE FUNDING AND FOREST MANAGEMENT
Subtitle A--Major Disaster for Wildfire on Federal Land
SEC. 6001. WILDFIRE ON FEDERAL LAND.
Section 102(2) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122(2)) is amended--
(1) by striking ``(2)'' and all that follows through
``means'' and inserting the following:
``(2) Major disaster.--
``(A) Major disaster.--The term `major disaster' means'';
and
(2) by adding at the end the following:
``(B) Major disaster for wildfire on federal land.--The
term `major disaster for wildfire on Federal land' means any
wildfire or wildfires, which in the determination of the
President under section 802 warrants assistance under section
803 to supplement the efforts and resources of the Department
of the Interior or the Department of Agriculture--
``(i) on Federal land; or
``(ii) on non-Federal land pursuant to a fire protection
agreement or cooperative agreement.''.
SEC. 6002. DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON
FEDERAL LAND.
The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding
at the end the following:
``TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
``SEC. 801. DEFINITIONS.
``In this title:
``(1) Federal land.--The term `Federal land' means--
``(A) any land under the jurisdiction of the Department of
the Interior; and
``(B) any land under the jurisdiction of the United States
Forest Service.
``(2) Federal land management agencies.--The term `Federal
land management agencies' means--
``(A) the Bureau of Land Management;
``(B) the National Park Service;
``(C) the Bureau of Indian Affairs;
``(D) the United States Fish and Wildlife Service; and
``(E) the United States Forest Service.
``(3) Wildfire suppression operations.--The term `wildfire
suppression operations' means the emergency and unpredictable
aspects of wildland firefighting, including support,
response, emergency stabilization activities, and other
emergency management activities of wildland firefighting on
Federal land (or on non-Federal land pursuant to a fire
protection agreement or cooperative agreement) by the Federal
land management agencies covered by the wildfire suppression
subactivity of the Wildland Fire Management accounts or the
FLAME Wildfire Suppression Reserve Fund account of the
Federal land management agencies.
``SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR DISASTER FOR
WILDFIRE ON FEDERAL LAND.
``(a) In General.--The Secretary of the Interior or the
Secretary of Agriculture may submit a request to the
President consistent with the requirements of this title for
a declaration by the President that a major disaster for
wildfire on Federal land exists.
``(b) Requirements.--A request for a declaration by the
President that a major disaster for wildfire on Federal land
exists shall--
``(1) be made in writing by the respective Secretary;
``(2) certify that, in the current fiscal year, the amount
appropriated for wildfire suppression operations of the
Federal land management agencies under the jurisdiction of
the respective Secretary, net of any concurrently enacted
rescissions of wildfire suppression funds, increases the
total unobligated balance of amounts available for wildfire
suppression by an amount equal to at least 70 percent of the
average total costs incurred by the Federal land management
agencies per year for wildfire suppression operations,
including the suppression costs in excess of appropriated
amounts, over the previous ten fiscal years;
``(3) certify that, in the current fiscal year, an amount
equal to at least 30 percent of the average total costs
incurred by the Federal land management agencies per year for
wildfire suppression operations, including the suppression
costs in excess of appropriated amounts, over the previous
ten fiscal years, has been appropriated for the Federal land
management agencies under the jurisdiction of the respective
Secretary for the purpose funding--
``(A) projects and activities on Federal land that improve
the fire regime of areas that meet the desired future
conditions of the applicable land and resource management
plan or land use plan; or
``(B) restoration and resiliency projects and activities on
Federal land that meet the desired future conditions of the
applicable land and resource management plan or land use
plan;
``(4) certify that, in the current fiscal year--
``(A) the total of the amounts certified under paragraphs
(2) and (3) are equal to at least 100 percent of the average
total costs incurred by the Federal land management agencies
per year for wildfire suppression operations, including the
suppression costs in excess of appropriated amounts, over the
previous ten fiscal years; and
``(B) the amount certified under paragraph (3) is in
addition to and supplements other appropriations for the
Federal land management agencies for projects and activities
of the type described in subparagraphs (A) and (B) of
paragraph (3) that equal or exceed the total amount
appropriated for such projects and activities for fiscal year
2015, subject to the condition that such 2015 threshold
amount shall be adjusted annually beginning with fiscal year
2017 to reflect changes over the preceding fiscal year in the
Consumer Price Index for all-urban consumers published by the
Secretary of Labor;
``(5) certify that the amount available for wildfire
suppression operations of the Federal land management
agencies under the jurisdiction of the respective Secretary
will be obligated not later than 30 days after such Secretary
notifies the President that wildfire suppression funds will
be exhausted to fund ongoing and anticipated wildfire
suppression operations related to the wildfire on which the
request for the declaration of a major disaster for wildfire
on Federal land pursuant to this title is based; and
``(6) specify the amount required in the current fiscal
year to fund wildfire suppression operations related to the
wildfire on which the request for the declaration of a major
disaster for wildfire on Federal land pursuant to this title
is based.
``(c) Declaration.--Based on the request of the respective
Secretary under this title, the President may declare that a
major disaster for wildfire on Federal land exists.
``(d) List of Projects Reporting Requirement.--Not later
than November 1 of each fiscal year, the Secretary of
Agriculture and the Secretary of the Interior shall each
submit to the Committees on Agriculture, Appropriations, and
Natural Resources of the House of Representatives and the
Committees on Agriculture, Nutrition, and Forestry,
Appropriations, and Natural Resources of the Senate a list of
projects and activities of the type described in
subparagraphs (A) and (B) of subsection (b)(3) to be
conducted using funds described in subsection (b)(3).
``SEC. 803. WILDFIRE ON FEDERAL LAND ASSISTANCE.
``(a) In General.--In a major disaster for wildfire on
Federal land, the President may direct the transfer of funds,
only from the account established pursuant to subsection (b),
to the Secretary of the Interior or the Secretary of
Agriculture to conduct wildfire suppression operations on
Federal land (and non-Federal land pursuant to a fire
protection agreement or cooperative agreement).
``(b) Wildfire Suppression Operations Disaster Account.--
``(1) In general.--There is established a specific account
for the assistance available pursuant to a declaration under
section 802.
[[Page S377]]
``(2) Use.--The account established by paragraph (1) may
only be used to fund assistance pursuant to this title.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to the account established by
paragraph (1) such sums as are necessary to carry out the
purposes of a declaration under section 802, but not to
exceed the limitations specified in subsection (c)(2).
``(c) Limitations.--
``(1) Limitations related to request and account amounts.--
The assistance available pursuant to a declaration under
section 802 is limited to the transfer of the amount
requested pursuant to section 802(b)(6). The assistance
available for transfer shall not exceed the amount contained
in the wildfire suppression operations account established
pursuant to subsection (b).
``(2) Maximum transfer amount limitation.--If a bill or
joint resolution making appropriations for a fiscal year is
enacted that specifies an amount for wildfire suppression
operations in the Wildland Fire Management accounts of the
Department of Agriculture or the Department of the Interior,
then the total amount of assistance appropriated to and
transferred from the account established pursuant to
subsection (b) and pursuant to a declaration under section
802 for wildfire suppression operations, to the Wildland Fire
Management accounts of the Department of Agriculture and the
Department of the Interior, for that fiscal year, shall not
exceed $1,647,000,000.
``(3) Transfer of funds.--Funds under this section shall be
transferred from the wildfire suppression operations account
to the wildfire suppression subactivity of the Wildland Fire
Management Accounts. The transferred funds shall remain
available until expended.
``(d) Prohibition of Other Transfers.--Except as provided
in this section, no funds may be transferred to or from the
account established pursuant to subsection (b) to or from any
other fund or account.
``(e) Reimbursement for Wildfire Suppression Operations on
Non-federal Land.--If amounts transferred under subsection
(c) are used to conduct wildfire suppression operations on
non-Federal land, the respective Secretary shall--
``(1) secure reimbursement for the cost of such wildfire
suppression operations conducted on the non-Federal land; and
``(2) transfer the amounts received as reimbursement to the
wildfire suppression operations disaster account established
pursuant to subsection (b).
``(f) Annual Accounting and Reporting Requirements.--Not
later than 90 days after the end of each fiscal year for
which assistance is received pursuant to this section, the
respective Secretary shall submit to the Committees on
Agriculture, Appropriations, the Budget, Natural Resources,
and Transportation and Infrastructure of the House of
Representatives and the Committees on Agriculture, Nutrition,
and Forestry, Appropriations, the Budget, Energy and Natural
Resources, Homeland Security and Governmental Affairs, and
Indian Affairs of the Senate, and make available to the
public, a report that includes the following:
``(1) The risk-based factors that influenced management
decisions regarding wildfire suppression operations of the
Federal land management agencies under the jurisdiction of
the Secretary concerned.
``(2) Specific discussion of a statistically significant
sample of large fires, in which each fire is analyzed for
cost drivers, effectiveness of risk management techniques,
resulting positive or negative impacts of fire on the
landscape, impact of investments in preparedness, suggested
corrective actions, and such other factors as the respective
Secretary considers appropriate.
``(3) Total expenditures for wildfire suppression
operations of the Federal land management agencies under the
jurisdiction of the respective Secretary, broken out by fire
sizes, cost, regional location, and such other factors as
such Secretary considers appropriate.
``(4) Lessons learned.
``(5) Such other matters as the respective Secretary
considers appropriate.
``(g) Savings Provision.--Except as provided in subsections
(c) and (d), nothing in this title shall limit the Secretary
of the Interior, the Secretary of Agriculture, Indian tribe,
or a State from receiving assistance through a declaration
made by the President under this Act when the criteria for
such declaration have been met.''.
SEC. 6003. PROHIBITION ON TRANSFERS.
No funds may be transferred to or from the Federal land
management agencies' wildfire suppression operations accounts
referred to in section 801(3) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act to or from any
account or subactivity of the Federal land management
agencies, as defined in section 801(2) of such Act, that is
not used to cover the cost of wildfire suppression
operations.
SEC. 6004. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect on
October 1, 2016.
Subtitle B--Forest Management
SEC. 6011. EXPEDITED COLLABORATIVE FOREST MANAGEMENT
ACTIVITIES.
(a) Definitions.--In this section:
(1) Collaborative process.--The term ``collaborative
process'' means a process that relates to the management of
National Forest System land or public land, by which a forest
management activity is proposed--
(A) by a resource advisory committee 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));
(B) by a collaborative that meets the requirements under
section 4003 of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 7303); or
(C) by a group not covered by subparagraph (A) or (B), but
that--
(i) includes multiple individuals who provide balanced and
broad representation of diverse interests, including, if
relevant and interested, but not limited to--
(I) environmental organizations;
(II) timber and forest products industry representatives;
(III) State agencies;
(IV) units of local government;
(V) tribal governments; and
(VI) outdoor recreational representatives; and
(ii) operates--
(I) in a transparent and nonexclusive manner; and
(II) by consensus or in accordance with voting procedures
to ensure a high degree of agreement among participants and
across various interests.
(2) Forest management activity.--The term ``forest
management activity'' means a project or activity carried out
by the Secretary concerned on National Forest System land or
public land in conjunction with the resource management plan
covering the National Forest System land or public land.
(3) 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).
(4) Resource management plan.--The term ``resource
management plan'' has the meaning given that term in section
101(13) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6511(13)).
(5) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to National
Forest System land; and
(B) the Secretary of the Interior, with respect to public
land.
(b) Collaborative Management Activities.--
(1) Applicability.--This subsection may apply in any case
in which the Secretary concerned prepares an environmental
assessment or an environmental impact statement pursuant to
section 102(2) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)) for a project for a forest
management activity described in paragraph (2).
(2) Description of projects.--A project for a forest
management activity referred to in paragraph (1) is a project
to carry out forest restoration treatments that--
(A) maximizes the retention of old-growth and large trees,
as appropriate for the forest type, to the extent that the
trees promote stands that are resilient to uncharacteristic
wildfire, insects, and disease;
(B) considers the best available scientific information to
maintain or restore the ecological integrity, including
maintaining or restoring structure, function, composition,
and connectivity; and
(C) is developed and implemented through a collaborative
process.
(3) Consideration of alternatives.--In an environmental
assessment or environmental impact statement described in
paragraph (1), the Secretary concerned shall study, develop,
and describe not more than the following alternatives:
(A) Carrying out the project for a forest management
activity, as proposed under paragraph (1).
(B) The alternative of no action.
(4) Limitations.--Except as provided in this subsection,
nothing in this subsection preempts or interferes with any
obligation to comply with the provisions of any Federal law,
including--
(A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(B) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); or
(C) any other Federal environmental law.
(c) Categorical Exclusion to Expedite Certain Critical
Response Actions.--
(1) Availability of categorical exclusion.--A categorical
exclusion is available to the Secretary concerned to develop
and carry out a forest management activity on National Forest
System land or public land in any case in which--
(A) the forest management activity is developed and
recommended through a collaborative process; and
(B) the primary purpose of the forest management activity
is--
(i) to reduce hazardous fuel loads on land in, or related
to, a wildland-urban interface;
(ii) to protect a municipal water source, if the
municipality is within 100 miles of the area to be treated;
or
(iii) any combination of the purposes specified in clauses
(i) and (ii).
(2) Requirements.--A forest management activity covered by
the categorical exclusion granted by paragraph (1) is a
project to carry out forest restoration treatments that--
(A) may not contain harvest units exceeding a total of
3,000 acres;
(B) maximizes the retention of old-growth and large trees,
as appropriate for the forest type, to the extent that the
trees promote stands that are resilient to uncharacteristic
wildfire; and
[[Page S378]]
(C) considers the best available scientific information to
maintain or restore the ecological integrity, including
maintaining or restoring structure, function, composition,
and connectivity.
(d) Categorical Exclusion to Meet Resource Management Plan
Goals for Early Successional Forests.--
(1) Availability of categorical exclusion.--A categorical
exclusion is available to the Secretary concerned to develop
and carry out a forest management activity on National Forest
System land or public land in any case in which--
(A) the forest management activity is developed and
recommended through a collaborative process; and
(B) the primary purpose of the forest management activity
is to modify, improve, enhance, or create early successional
forests for wildlife habitat improvement and other purposes,
consistent with the applicable resource management plan.
(2) Project goals.--To the maximum extent practicable, the
Secretary concerned shall design a forest management activity
under this subsection to meet early successional forest goals
in such a manner so as to maximize production and
regeneration of priority species, as identified in the
resource management plan and consistent with the capability
of the activity site.
(3) Requirements.--A forest management activity covered by
the categorical exclusion granted by paragraph (1) is a
project that--
(A) consists of not more than 250 acres, comprised of
noncontiguous units to create a mosaic of age classes in
accordance with the resource management plan;
(B) contains harvest units, consistent with the applicable
resource management plan;
(C) creates early seral habitat, consistent with the
applicable resource management plan;
(D) assists in meeting resource management plan objectives
for retention of old-growth stands and retention of old-
growth trees, consistent with resource management plan
objectives; and
(E) considers the best available scientific information to
maintain or restore early seral habitat.
(e) Roads.--
(1) Permanent roads.--A project carried out under this
section shall not include the construction of new permanent
roads.
(2) Existing roads.--The Secretary concerned may carry out
necessary maintenance of, repairs to, or reconstruction of an
existing permanent road for the purposes of this section.
(3) Temporary roads.--The Secretary concerned shall
decommission any temporary road constructed under a project
under this section not later than 3 years after the date on
which the project is completed.
(f) Exclusions.--This section does not apply to--
(1) a component of the National Wilderness Preservation
System;
(2) any Federal land on which, by Act of Congress or
Presidential proclamation, the removal of vegetation
prohibited;
(3) a congressionally designated wilderness study area;
(4) an inventoried roadless area; or
(5) an area in which the activities authorized under this
section would be inconsistent with the applicable resource
management plan.
(g) Resource Management Plans.--All projects and activities
carried out under this subsection shall be consistent with
the resource management plan applicable to the National
Forest System land or public land containing the projects and
activities.
(h) Public Notice and Scoping.--The Secretary concerned
shall conduct public notice and scoping for any project or
action proposed in accordance with this section.
SEC. 6012. STATE-SUPPORTED PLANNING OF FOREST MANAGEMENT
ACTIVITIES.
(a) Definitions.--In this section:
(1) Collaborative process.--The term ``collaborative
process'' means a process that relates to the management of
National Forest System land or public land, by which a forest
management activity is proposed--
(A) by a resource advisory committee 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));
(B) by a collaborative that meets the requirements under
section 4003 of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 7303); or
(C) by a group not covered by subparagraph (A) or (B), but
that--
(i) includes multiple individuals who provide balanced and
broad representation of diverse interests, including, if
relevant and interested, but not limited to--
(I) environmental organizations;
(II) timber and forest products industry representatives;
(III) State agencies;
(IV) units of local government;
(V) tribal governments; and
(VI) outdoor recreational representatives; and
(ii) operates--
(I) in a transparent and nonexclusive manner; and
(II) by consensus or in accordance with voting procedures
to ensure a high degree of agreement among participants and
across various interests.
(2) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
that term in section 101(3) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511(3)).
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a State or political subdivision of a State containing
National Forest System land or public land;
(B) a publicly chartered utility serving one or more States
or a political subdivision thereof;
(C) a rural electric company; and
(D) any other entity determined by the Secretary concerned
to be appropriate for participation in the Fund.
(4) Fund.--The term ``Fund'' means the State-Supported
Forest Management Fund established by subsection (b).
(5) 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).
(6) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to National
Forest System land; and
(B) the Secretary of the Interior, with respect to public
land.
(b) State-Supported Forest Management Fund.--There is
established in the Treasury of the United States a fund, to
be known as the ``State-Supported Forest Management Fund'',
to cover the cost of planning (especially as relating to
compliance with section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2))), carrying out, and
monitoring certain forest management activities on National
Forest System land or public land.
(c) Contents.--The Fund shall consist of such amounts as
may be--
(1) contributed by an eligible entity for deposit in the
Fund;
(2) appropriated to the Fund; or
(3) generated by forest management activities carried out
using amounts in the Fund.
(d) Geographical and Use Limitations.--In making a
contribution under subsection (c)(1), an eligible entity
may--
(1) specify the National Forest System land or public land
for which the contribution may be expended; and
(2) limit the types of forest management activities for
which the contribution may be expended.
(e) Authorized Forest Management Activities.--In such
amounts as may be provided in advance in appropriations Acts,
the Secretary concerned may use the Fund to plan, carry out,
and monitor a forest management activity that is--
(1) developed through a collaborative process; or
(2) covered by a community wildfire protection plan.
(f) Implementation Methods.--
(1) In general.--A forest management activity carried out
using amounts in the Fund may be carried out pursuant to--
(A) a contract or agreement under section 604 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c);
(B) the good neighbor authority provided under section 8206
of the Agricultural Act of 2014 (16 U.S.C. 2113a);
(C) a contract under section 14 of the National Forest
Management Act of 1976 (16 U.S.C. 472a); or
(D) any other authority available to the Secretary
concerned.
(2) Use of revenues.--Any revenue generated by a forest
management activity described in paragraph (1) shall be used
to reimburse the Fund for planning costs covered using
amounts in the Fund.
(g) Relation to Other Laws.--
(1) Revenue sharing.--Subject to subsection (f), revenues
generated by a forest management activity carried out using
amounts from the Fund shall be considered monies received
from the National Forest System.
(2) Knutson-vandenberg act.--The Act of June 9, 1930
(commonly known as the ``Knutson-Vandenberg Act'') (16 U.S.C.
576 et seq.), shall apply to any forest management activity
carried out using amounts in the Fund.
(h) Termination of Fund.--
(1) Termination.--The Fund shall terminate on the date that
is 10 years after the date of enactment of this Act.
(2) Effect of termination.--On termination of the Fund
under paragraph (1) or pursuant to any other provision of
law, any unobligated contribution remaining in the Fund shall
be returned to the eligible entity that made the
contribution.
SEC. 6013. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION
PROGRAM.
(a) In General.--The Secretary of Agriculture shall
establish and maintain a Forest Service Legacy Roads and
Trails Remediation Program within the National Forest
System--
(1) to carry out critical maintenance and urgent repairs
and improvements on National Forest System roads, trails, and
bridges;
(2) to restore fish and other aquatic organism passage by
removing or replacing unnatural barriers to the passage of
fish and other aquatic organisms;
(3) to decommission unneeded roads and trails; and
(4) to carry out associated activities.
(b) Priority.--In implementing the Forest Service Legacy
Roads and Trails Remediation Program, the Secretary of
Agriculture shall give priority to projects that protect or
restore--
(1) water quality;
[[Page S379]]
(2) watersheds that feed public drinking water systems; or
(3) habitat for threatened, endangered, and sensitive fish
and wildlife species.
(c) National Forest System.--Except as authorized under
section 323 of title III of the Department of the Interior
and Related Agencies Appropriations Act, 1999 (16 U.S.C.
1011a), all projects carried out under the Forest Service
Legacy Roads and Trails Remediation Program shall be on
National Forest System roads.
(d) National Program Strategy.--Not later than 180 days
after the date of enactment of this Act, the Secretary of
Agriculture shall develop a national strategy for
implementing the Forest Service Legacy Roads and Trails
Remediation Program.
SEC. 6014. WATER SOURCE PROTECTION PROGRAM AND WATERSHED
CONDITION FRAMEWORK.
Subtitle A of title III of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11) is amended by
adding at the end the following:
``SEC. 3002. WATER SOURCE PROTECTION PROGRAM FOR NATIONAL
FOREST SYSTEM LAND.
``(a) In General.--The Secretary of Agriculture, acting
through the Chief of the Forest Service (referred to in this
section as the `Secretary'), shall establish and maintain a
Water Source Protection Program for National Forest System
land derived from the public domain.
``(b) Water Source Investment Partnerships.--
``(1) In general.--In carrying out the Water Source
Protection Program, the Secretary may enter into water source
investment partnerships with end water users (including
States, political subdivisions, Indian tribes, utilities,
municipal water systems, irrigation districts, nonprofit
organizations, and corporations) to protect and restore the
condition of National Forest watersheds that provide water to
the non-Federal partners.
``(2) Form.--A partnership described in paragraph (1) may
take the form of memoranda of understanding, cost-share or
collection agreements, long-term match funding commitments,
or other appropriate instruments.
``(c) Water Source Management Plan.--
``(1) In general.--In carrying out the Water Source
Protection Program, the Secretary may produce a water source
management plan in cooperation with the water source
investment partnership participants and State, local, and
tribal governments.
``(2) Firewood.--A water source management plan may give
priority to projects that facilitate the gathering of
firewood for personal use pursuant to section 223.5 of title
36, Code of Federal Regulations (or successor regulations).
``(3) Environmental analysis.--The Secretary may conduct--
``(A) a single environmental impact statement or similar
analysis required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) for all or part of the
restoration projects in the water source management plan; and
``(B) a statement or analysis described in subparagraph (A)
as part of the development of the water source management
plan or after the finalization of the plan.
``(4) Endangered species act.--In carrying out the Water
Source Protection Program, the Secretary may use the Manual
on Adaptive Management of the Department of the Interior,
including any associated guidance, for purposes of fulfilling
any requirements under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
``(5) Funds and services.--
``(A) In general.--In carrying out the Water Source
Protection Program, the Secretary may accept and use funding,
services, and other forms of investment and assistance from
water source investment partnership participants to implement
the water source management plan.
``(B) Manner of use.--The Secretary may accept and use
investments described in subparagraph (A) directly or
indirectly through the National Forest Foundation.
``(C) Water source protection fund.--
``(i) In general.--Subject to the availability of
appropriations, the Secretary may establish a Water Source
Protection Fund to match funds or in-kind support contributed
by water source investment partnership participants under
subparagraph (A).
``(ii) Use of appropriated funds.--The Secretary may use
funds appropriated to carry out this subparagraph to make
multiyear commitments, if necessary, to implement 1 or more
water source investment partnership agreements.
``SEC. 3003. WATERSHED CONDITION FRAMEWORK FOR NATIONAL
FOREST SYSTEM LAND.
``(a) In General.--The Secretary of Agriculture, acting
through the Chief of the Forest Service (referred to in this
section as the `Secretary'), shall establish and maintain a
Watershed Condition Framework for National Forest System land
derived from the public domain--
``(1) to evaluate and classify the condition of watersheds,
taking into consideration--
``(A) water quality and quantity;
``(B) aquatic habitat and biota;
``(C) riparian and wetland vegetation;
``(D) the presence of roads and trails;
``(E) soil type and condition;
``(F) groundwater-dependent ecosystems;
``(G) relevant terrestrial indicators, such as fire regime,
risk of catastrophic fire, forest and rangeland vegetation,
invasive species, and insects and disease; and
``(H) other significant factors, as determined by the
Secretary;
``(2) to identify for restoration up to 5 priority
watersheds in each National Forest, and up to 2 priority
watersheds in each national grassland, taking into
consideration the impact of the condition of the watershed
condition on--
``(A) wildfire behavior;
``(B) flood risk;
``(C) fish and wildlife;
``(D) drinking water supplies;
``(E) irrigation water supplies;
``(F) forest-dependent communities; and
``(G) other significant impacts, as determined by the
Secretary;
``(3) to develop a watershed restoration action plan for
each priority watershed that--
``(A) takes into account existing restoration activities
being implemented in the watershed; and
``(B) includes, at a minimum--
``(i) the major stressors responsible for the impaired
condition of the watershed;
``(ii) a set of essential projects that, once completed,
will address the identified stressors and improve watershed
conditions;
``(iii) a proposed implementation schedule;
``(iv) potential partners and funding sources; and
``(v) a monitoring and evaluation program;
``(4) to prioritize restoration activities for each
watershed restoration action plan;
``(5) to implement each watershed restoration action plan;
and
``(6) to monitor the effectiveness of restoration actions
and indicators of watershed health.
``(b) Coordination.--Throughout the process described in
subsection (a), the Secretary shall--
``(1) coordinate with interested non-Federal landowners and
with State, tribal, and local governments within the relevant
watershed; and
``(2) provide for an active and ongoing public engagement
process.
``(c) Emergency Designation.--Notwithstanding subsection
(a)(2), the Secretary may identify a watershed as a priority
for rehabilitation in the Watershed Condition Framework
without using the process described in subsection (a), if a
Forest Supervisor determines that--
``(1) a wildfire has significantly diminished the condition
of the watershed; and
``(2) the emergency stabilization activities of the Burned
Area Emergency Response Team are insufficient to return the
watershed to proper function.''.
SEC. 6015. COLLABORATIVE FOREST LANDSCAPE RESTORATION
PROGRAM.
(a) Selection Process.--Section 4003(f)(4) of the Omnibus
Public Land Management Act of 2009 (16 U.S.C. 7303(f)(4)) is
amended by adding at the end the following:
``(C) Prequalification.--
``(i) In general.--Before awarding a contract funded by the
Fund, the Secretary shall determine whether the contractor
has the ability to complete the proposed restoration
activities, including--
``(I) the financial ability to raise the funds necessary
for the proposed restoration activities; and
``(II) sufficient capacity to perform the type and scope of
the proposed restoration activities.
``(ii) Criteria.--If the Department does not have
sufficient expertise to develop and evaluate criteria to make
a determination under clause (i), the Secretary shall seek
the assistance of other agencies or third-party consultants
for purposes of developing and evaluating the criteria.''.
(b) Reauthorization of Collaborative Forest Landscape
Restoration Fund.--Section 4003(f)(6) of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303(f)(6)) is amended
by striking ``2019, to remain available until expended'' and
inserting ``2014, and $60,000,000 for each of fiscal years
2016 through 2024, to remain available until expended''.
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