[Congressional Record Volume 168, Number 36 (Monday, February 28, 2022)]
[Senate]
[Page S838]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THUNE (for himself and Mr. Barrasso):
  S. 3709. A bill to require the Secretary of Agriculture to carry out 
vegetation management projects and timber production projects on 
certain National Forest System land in the States of Montana, South 
Dakota, and Wyoming, and for other purposes; to the Committee on Energy 
and Natural Resources.
  Mr. THUNE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3709

       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 ``Black Hills Forest 
     Protection and Jobs Preservation Act of 2022''.

     SEC. 2. VEGETATION MANAGEMENT PROJECTS ON BLACK HILLS 
                   NATIONAL FOREST USING EXPEDITED NEPA 
                   AUTHORITIES.

       The Secretary of Agriculture, acting through the Chief of 
     the Forest Service (referred to in this Act as the 
     ``Secretary''), shall issue 1 or more decisions using 
     expedited authorities for compliance with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     including sections 603 and 605 of the Healthy Forests 
     Restoration Act of 2003 (16 U.S.C. 6591b, 6591d) and a 
     determination of NEPA adequacy described in section 220.4(j) 
     of title 36, Code of Federal Regulations (or successor 
     regulations), to carry out vegetation management projects on 
     land in the Black Hills National Forest.

     SEC. 3. FUNDING FOR TIMBER PRODUCTION PROJECTS.

       (a) In General.--Of the amounts made available to the 
     Secretary by section 40803(c)(11) of the Infrastructure 
     Investment and Jobs Act (16 U.S.C. 6592(c)(11)), the 
     Secretary shall use $40,000,000 for the period of fiscal 
     years 2022 through 2026 to carry out projects on the Bighorn 
     National Forest, the Custer Gallatin National Forest, and the 
     Black Hills National Forest that will result in timber 
     production.
       (b) Use of Categorical Exclusion and Emergency Action 
     Authorities.--In carrying out projects under subsection (a), 
     the Secretary shall use, to the extent practicable--
       (1) the categorical exclusion established by section 
     40806(b) of the Infrastructure Investment and Jobs Act (16 
     U.S.C. 6592b(b)); and
       (2) the emergency action authority under section 40807 of 
     that Act (16 U.S.C. 6592c).
       (c) Excess Amounts.--If any amounts made available under 
     subsection (a) are not used by the Secretary by September 30, 
     2026, and the Secretary has exhausted all reasonable means to 
     use those amounts for the purposes described in that 
     subsection, those amounts shall remain available to the 
     Secretary until expended to carry out projects described in 
     section 40803(c)(11) of the Infrastructure Investment and 
     Jobs Act (16 U.S.C. 6592(c)(11)).

     SEC. 4. WOOD PRODUCTS INFRASTRUCTURE.

       In the ranking system developed under section 40804(d)(1) 
     of the Infrastructure Investment and Jobs Act (16 U.S.C. 
     6592a(d)(1)), the Secretary shall categorize the Black Hills 
     National Forest and the Bighorn National Forest as being very 
     high priority for ecological restoration involving vegetation 
     removal.

     SEC. 5. ADMINISTRATION.

       (a) Judicial Review.--A project carried out under section 2 
     or 3 shall not be subject to judicial review.
       (b) Excluded Land.--A project carried out under section 2 
     or 3 may not be carried out on--
       (1) a component of the National Wilderness Preservation 
     System; or
       (2) an inventoried roadless area.
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