[Congressional Record Volume 167, Number 139 (Wednesday, August 4, 2021)]
[Senate]
[Pages S5863-S5864]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2517. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself,
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr.
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R.
3684, to authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes; which was
ordered to lie on the table; as follows:
Strike section 40801 of division D and insert the
following:
SEC. 40801. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION
PROGRAM.
(a) Establishment.--Public Law 88-657 (16 U.S.C. 532 et
seq.) (commonly known as the ``Forest Roads and Trails Act'')
is amended by adding at the end the following:
``SEC. 8. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION
PROGRAM.
``(a) Establishment.--The Secretary shall establish the
Forest Service Legacy Road and Trail Remediation Program
(referred to in this section as the `Program').
``(b) Activities.--In carrying out the Program, the
Secretary shall, taking into account foreseeable changes in
weather and hydrology--
``(1) restore passages for fish and other aquatic species
by--
``(A) improving, repairing, or replacing culverts and other
infrastructure; and
``(B) removing barriers, as the Secretary determines
appropriate, from the passages;
``(2) prepare previously closed National Forest System
roads for long-term storage, in accordance with subsections
(c)(1) and (d), in a manner that--
``(A) prevents motor vehicle use, as appropriate to conform
to route designations;
``(B) prevents the roads from damaging adjacent resources,
including aquatic and wildlife resources;
``(C) reduces or eliminates the need for road maintenance;
and
``(D) preserves the roads for future use;
``(3) decommission previously closed National Forest System
roads and trails in accordance with subsections (c)(1) and
(d);
``(4) relocate National Forest System roads and trails--
``(A) to increase resilience to extreme weather events,
flooding, and other natural disasters; and
``(B) to respond to changing resource conditions and public
input;
``(5) convert National Forest System roads to National
Forest System trails, while allowing for continued use for
motorized and nonmotorized recreation, to the extent the use
is compatible with the management status of the road or
trail;
``(6) decommission temporary roads--
``(A) that were constructed before the date of enactment of
this section--
``(i) for emergency operations; or
``(ii) to facilitate a resource extraction project;
``(B) that were designated as a temporary road by the
Secretary; and
``(C)(i) in violation of section 10(b) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1608(b)), on which vegetation cover has not been
reestablished; or
``(ii) that have not been fully decommissioned; and
``(7) carry out projects on National Forest System roads,
trails, and bridges to improve resilience to extreme weather
events, flooding, or other natural disasters.
``(c) Project Selection.--
``(1) Project eligibility.--
``(A) In general.--The Secretary may only fund under the
Program a project described in paragraph (2) or (3) of
subsection (b) if the Secretary previously and separately--
``(i) solicited public comment for changing the management
status of the applicable National Forest System road or
trail--
``(I) to close the road or trail to access; and
``(II) to minimize impacts to natural resources; and
``(ii) has closed the road or trail to access as described
in clause (i)(I).
``(B) Requirement.--Each project carried out under the
Program shall be on a National Forest System road or trail,
except with respect to a project carried out on a watershed
for which the Secretary has entered into a cooperative
agreement under section 323 of the Department of the Interior
and Related Agencies Appropriations Act, 1999 (16 U.S.C.
1011a).
``(2) Annual selection of projects for funding.--The
Secretary shall--
``(A) establish a process for annually selecting projects
for funding under the Program, consistent with the
requirements of this section;
``(B) solicit and consider public input regionally in the
ranking of projects for funding under the Program;
``(C) give priority for funding under the Program to
projects that would--
``(i) protect or improve water quality in public drinking
water source areas;
``(ii) restore the habitat of a threatened, endangered, or
sensitive fish or wildlife species; or
``(iii) maintain future access to the adjacent area for the
public, contractors, permittees, or firefighters; and
``(D) publish on the website of the Forest Service--
``(i) the selection process established under subparagraph
(A); and
``(ii) a list that includes a description and the proposed
outcome of each project funded under the Program in each
fiscal year.
``(d) Implementation.--In implementing the Program, the
Secretary shall ensure that--
``(1) the system of roads and trails on the applicable unit
of the National Forest System--
``(A) is adequate to meet any increasing demands for
timber, recreation, and other uses;
``(B) provides for intensive use, protection, development,
and management of the land under principles of multiple use
and sustained yield of products and services;
``(C) does not damage, degrade, or impair adjacent
resources, including aquatic and wildlife resources, to the
extent practicable;
``(D) reflects long-term funding expectations; and
[[Page S5864]]
``(E) is adequate for supporting emergency operations, such
as evacuation routes during wildfires, floods, and other
natural disasters; and
``(2) all projects funded under the Program are consistent
with any applicable forest plan or travel management plan.
``(e) Savings Clause.--A decision to fund a project under
the Program shall not affect any determination made
previously or to be made in the future by the Secretary with
regard to road or trail closures.''.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Agriculture to carry
out section 8 of Public Law 88-657 (commonly known as the
``Forest Roads and Trails Act'') $250,000,000 for the period
of fiscal years 2022 through 2026.
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