[House Report 115-370]
[From the U.S. Government Publishing Office]


115th Congress   }                                 {     Rept. 115-370
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                 {            Part 2

======================================================================



 
                 RESILIENT FEDERAL FORESTS ACT OF 2017

                                _______
                                

October 25, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2936]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2936) to expedite under the National 
Environmental Policy Act of 1969 and improve forest management 
activities on National Forest System lands, on public lands 
under the jurisdiction of the Bureau of Land Management, and on 
Tribal lands to return resilience to overgrown, fire-prone 
forested lands, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Resilient Federal 
Forests Act of 2017''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Rule of application for National Forest System lands and public 
lands.

     TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF 
    CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES

   Subtitle A--Analysis of Proposed Collaborative Forest Management 
                               Activities

Sec. 101. Analysis of only two alternatives (action versus no action) 
in proposed collaborative forest management activities.

                   Subtitle B--Categorical Exclusions

Sec. 111. Categorical exclusion to expedite certain critical response 
actions.
Sec. 112. Categorical exclusion to expedite salvage operations in 
response to catastrophic events.
Sec. 113. Categorical exclusion to meet forest plan goals for early 
successional forests.
Sec. 114. Categorical exclusion for road side projects.
Sec. 115. Categorical exclusion to improve or restore National Forest 
System Lands or public land or reduce the risk of wildfire.

    Subtitle C--General Provisions for Forest Management Activities

Sec. 121. Compliance with forest plans.
Sec. 122. Consultation under the National Historic Preservation Act.
Sec. 123. Consultation under the Endangered Species Act.
Sec. 124. Forest management activities considered non-discretionary 
actions.

 TITLE II--SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS

Sec. 201. Expedited salvage operations and reforestation activities 
following large-scale catastrophic events.
Sec. 202. Compliance with forest plan.
Sec. 203. Prohibition on restraining orders, preliminary injunctions, 
and injunctions pending appeal.

                TITLE III--FOREST MANAGEMENT LITIGATION

               Subtitle A--General Litigation Provisions

Sec. 301. No attorney fees for forest management activity challenges.
Sec. 302. Injunctive relief.

    Subtitle B--Forest Management Activity Arbitration Pilot Program

Sec. 311. Use of arbitration instead of litigation to address 
challenges to forest management activities.

  TITLE IV--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT 
                               AMENDMENTS

Sec. 401. Use of reserved funds for title II projects on Federal land 
and certain non-Federal land.
Sec. 402. Resource advisory committees.
Sec. 403. Program for title II self-sustaining resource advisory 
committee projects.
Sec. 404. Additional authorized use of reserved funds for title III 
county projects.
Sec. 405. Treatment as supplemental funding.

              TITLE V--STEWARDSHIP END RESULT CONTRACTING

Sec. 501. Cancellation ceilings for stewardship end result contracting 
projects.
Sec. 502. Excess offset value.
Sec. 503. Payment of portion of stewardship project revenues to county 
in which stewardship project occurs.
Sec. 504. Submission of existing annual report.
Sec. 505. Fire liability provision.
Sec. 506. Extension of stewardship contracting maximum term limits.

 TITLE VI--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES

Sec. 601. Definitions.
Sec. 602. Availability of stewardship project revenues and 
Collaborative Forest Landscape Restoration Fund to cover forest 
management activity planning costs.
Sec. 603. State-supported planning of forest management activities.

        TITLE VII--TRIBAL FORESTRY PARTICIPATION AND PROTECTION

Sec. 701. Protection of Tribal forest assets through use of stewardship 
end result contracting and other authorities.
Sec. 702. Management of Indian forest land authorized to include 
related National Forest System lands and public lands.
Sec. 703. Tribal forest management demonstration project.
Sec. 704. Rule of application.

            TITLE VIII-- EXPEDITING INTERAGENCY CONSULTATION

     Subtitle A--Forest Plans Not Considered Major Federal Actions

Sec. 801. Forest plans not considered major Federal actions.

                    Subtitle B--Agency Consultation

Sec. 811. Consultation under Forest and Rangeland Renewable Resources 
Planning Act of 1974.
Sec. 812. Consultation under Federal Land Policy and Management Act of 
1976.

                        TITLE IX--MISCELLANEOUS

                Subtitle A--Forest Management Provisions

Sec. 901. Clarification of existing categorical exclusion authority 
related to insect and disease infestation.
Sec. 902. Revision of alternate consultation agreement regulations.
Sec. 903. Revision of extraordinary circumstances regulations.
Sec. 904. Conditions on Forest Service road decommissioning.
Sec. 905. Prohibition on application of Eastside Screens requirements 
on National Forest System lands.
Sec. 906. Use of site-specific forest plan amendments for certain 
projects and activities.
Sec. 907. Knutson-Vandenberg Act modifications.
Sec. 908. Application of Northwest Forest Plan Survey and Manage 
Mitigation Measure Standard and Guidelines.
Sec. 909. Reconstruction and repair included in good neighbor 
agreements.
Sec. 910. Logging and mechanized operations.

  Subtitle B--Oregon and California Railroad Grant Lands and Coos Bay 
                         Wagon Road Grant Lands

Sec. 911. Amendments to the Act of August 28, 1937.
Sec. 912. Oregon and California Railroad Grant Lands and Coos Bay Wagon 
Road Grant lands permanent rights of access.
Sec. 913. Management of Bureau of Land Management lands in Western 
Oregon.

          TITLE X--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND

Sec. 1001. Wildfire on Federal lands.
Sec. 1002. Declaration of a major disaster for wildfire on Federal 
lands.
Sec. 1003. Prohibition on transfers.

SEC. 2. DEFINITIONS.

  In titles I through IX:
          (1) Catastrophic event.--The term ``catastrophic event'' 
        means any natural disaster (such as hurricane, tornado, 
        windstorm, snow or ice storm, rain storm, high water, wind-
        driven water, tidal wave, earthquake, volcanic eruption, 
        landslide, mudslide, drought, or insect or disease outbreak) or 
        any fire, flood, or explosion, regardless of cause.
          (2) Collaborative process.--The term ``collaborative 
        process'' refers to a process relating to the management of 
        National Forest System lands or public lands by which a project 
        or forest management activity is developed and implemented by 
        the Secretary concerned 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)).
          (3) Community wildfire protection plan.--The term ``community 
        wildfire protection plan'' has the meaning given that term in 
        section 101 of the Healthy Forests Restoration Act of 2003 (16 
        U.S.C. 6511).
          (4) Coos bay wagon road grant lands.--The term ``Coos Bay 
        Wagon Road Grant lands'' means the lands reconveyed to the 
        United States pursuant to the first section of the Act of 
        February 26, 1919 (40 Stat. 1179).
          (5) 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 the lands.
          (6) 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).
          (7) Large-scale catastrophic event.--The term ``large-scale 
        catastrophic event'' means a catastrophic event that adversely 
        impacts at least 5,000 acres of reasonably contiguous National 
        Forest System lands or public lands, as determined by the 
        Secretary concerned.
          (8) 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)).
          (9) Oregon and california railroad grant lands.--The term 
        ``Oregon and California Railroad Grant lands'' means the 
        following lands:
                  (A) All lands in the State of Oregon revested in the 
                United States under the Act of June 9, 1916 (39 Stat. 
                218), that are administered by the Secretary of the 
                Interior, acting through the Bureau of Land Management, 
                pursuant to the first section of the Act of August 28, 
                1937 (43 U.S.C. 1181a).
                  (B) All lands in that State obtained by the Secretary 
                of the Interior pursuant to the land exchanges 
                authorized and directed by section 2 of the Act of June 
                24, 1954 (43 U.S.C. 1181h).
                  (C) All lands in that State acquired by the United 
                States at any time and made subject to the provisions 
                of title II of the Act of August 28, 1937 (43 U.S.C. 
                1181f).
          (10) 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.
          (11) Reforestation activity.--The term ``reforestation 
        activity'' means a project or forest management activity 
        carried out by the Secretary concerned whose primary purpose is 
        the reforestation of impacted lands following a large-scale 
        catastrophic event. The term includes planting, evaluating and 
        enhancing natural regeneration, clearing competing vegetation, 
        and other activities related to reestablishment of forest 
        species on the impacted lands.
          (12) 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).
          (13) Salvage operation.--The term ``salvage operation'' means 
        a forest management activity and restoration activities carried 
        out in response to a catastrophic event where the primary 
        purpose is--
                  (A) to prevent wildfire as a result of the 
                catastrophic event, or, if the catastrophic event was 
                wildfire, to prevent a re-burn of the fire-impacted 
                area;
                  (B) to provide an opportunity for utilization of 
                forest materials damaged as a result of the 
                catastrophic event; or
                  (C) to provide a funding source for reforestation and 
                other restoration activities for the National Forest 
                System lands or public lands impacted by the 
                catastrophic event.
          (14) 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.

SEC. 3. RULE OF APPLICATION FOR NATIONAL FOREST SYSTEM LANDS AND PUBLIC 
                    LANDS.

  Unless specifically provided by a provision of titles I through IX, 
the authorities provided by such titles 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.

     TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF 
    CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES

   Subtitle A--Analysis of Proposed Collaborative Forest Management 
                               Activities

SEC. 101. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION VERSUS NO ACTION) 
                    IN PROPOSED COLLABORATIVE FOREST MANAGEMENT 
                    ACTIVITIES.

  (a) Application to Certain Environmental Assessments and 
Environmental Impact Statements.--This section shall apply whenever the 
Secretary concerned prepares an environmental assessment or an 
environmental impact statement pursuant to section 102 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332) for a forest 
management activity that--
          (1) is developed through a collaborative process;
          (2) is proposed by a resource advisory committee;
          (3) will occur on lands identified by the Secretary concerned 
        as suitable for timber production;
          (4) will occur on lands designated by the Secretary (or 
        designee thereof) pursuant to section 602(b) of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6591a(b)), 
        notwithstanding whether such forest management activity is 
        initiated prior to September 30, 2018; or
          (5) is covered by a community wildfire protection plan.
  (b) Consideration of Alternatives.--In an environmental assessment or 
environmental impact statement described in subsection (a), the 
Secretary concerned shall study, develop, and describe only the 
following two alternatives:
          (1) The forest management activity.
          (2) The alternative of no action.
  (c) Elements of No Action Alternative.--In the case of the 
alternative of no action, the Secretary concerned shall consider 
whether to evaluate--
          (1) the effect of no action on--
                  (A) forest health;
                  (B) habitat diversity;
                  (C) wildfire potential;
                  (D) insect and disease potential; and
                  (E) timber production; and
          (2) the implications of a resulting decline in forest health, 
        loss of habitat diversity, wildfire, or insect or disease 
        infestation, given fire and insect and disease historic cycles, 
        on--
                  (A) domestic water supply in the project area;
                  (B) wildlife habitat loss; and
                  (C) other economic and social factors.

                   Subtitle B--Categorical Exclusions

SEC. 111. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE 
                    ACTIONS.

  (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 
carried out by the Secretary concerned on National Forest System lands 
or public lands where the primary purpose of such activity is--
          (1) to address an insect or disease infestation;
          (2) to reduce hazardous fuel loads;
          (3) to protect a municipal water source;
          (4) to maintain, enhance, or modify critical habitat to 
        protect it from catastrophic disturbances;
          (5) to increase water yield;
          (6) produce timber; or
          (7) any combination of the purposes specified in paragraphs 
        (1) through (6).
  (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.
  (d) Acreage Limitations.--
          (1) In general.--Except in the case of a forest management 
        activity described in paragraph (2), a forest management 
        activity covered by the categorical exclusion established under 
        subsection (a) may not contain treatment units exceeding a 
        total of 10,000 acres.
          (2) Larger areas authorized.--A forest management activity 
        covered by the categorical exclusion established under 
        subsection (a) may contain treatment units exceeding a total of 
        10,000 acres but not more than a total of 30,000 acres if the 
        forest management activity--
                  (A) is developed through a collaborative process;
                  (B) is proposed by a resource advisory committee; or
                  (C) is covered by a community wildfire protection 
                plan.

SEC. 112. 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).

SEC. 113. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR EARLY 
                    SUCCESSIONAL FORESTS.

  (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 
carried out by the Secretary concerned on National Forest System lands 
or public lands where the primary purpose of such activity is to 
modify, improve, enhance, or create early successional forests for 
wildlife habitat improvement and other purposes, consistent with the 
applicable forest plan.
  (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.
  (d) Project Goals.--To the maximum extent practicable, the Secretary 
concerned shall design a forest management activity under this section 
to meet early successional forest goals in such a manner so as to 
maximize production and regeneration of priority species, as identified 
in the forest plan and consistent with the capability of the activity 
site.
  (e) Acreage Limitations.--A forest management activity covered by the 
categorical exclusion established under subsection (a) may not contain 
treatment units exceeding a total of 10,000 acres.

SEC. 114. CATEGORICAL EXCLUSION FOR ROAD SIDE PROJECTS.

  (a) Categorical Exclusion Established.--Projects carried out by the 
Secretary concerned to remove hazard trees or to salvage timber for 
purposes of the protection of public health or safety, water supply, or 
public infrastructure 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) Healthy Forests Restoration Act Requirements.--
          (1) Administrative review.--A project that is categorically 
        excluded under this section shall be subject to the 
        requirements of subsections (d), (e), and (f) of section 603 of 
        the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591).
          (2) Hazardous fuel reduction on federal land.--A project that 
        is categorically excluded under this section shall be subject 
        to the requirements of sections 102, 104, 105, and 106 of title 
        I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
        6511 et seq.).

SEC. 115. CATEGORICAL EXCLUSION TO IMPROVE OR RESTORE NATIONAL FOREST 
                    SYSTEM LANDS OR PUBLIC LAND OR REDUCE THE RISK OF 
                    WILDFIRE.

  (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.--
          (1) Designation.--The forest management activities designated 
        under this section for a categorical exclusion are forest 
        management activities described in paragraph (2) that are 
        carried out by the Secretary concerned on National Forest 
        System Lands or public lands where the primary purpose of such 
        activity is to improve or restore such lands or reduce the risk 
        of wildfire on those lands.
          (2) Activities authorized.--The follow activities may be 
        carried out pursuant to the categorical exclusion established 
        under subsection (a):
                  (A) Removal of juniper trees, medusahead rye, conifer 
                trees, pinon pine trees, cheatgrass, and other noxious 
                or invasive weeds specified on Federal or State noxious 
                weeds lists through late-season livestock grazing, 
                targeted livestock grazing, prescribed burns, and 
                mechanical treatments.
                  (B) Performance of hazardous fuels management.
                  (C) Creation of fuel and fire breaks.
                  (D) Modification of existing fences in order to 
                distribute livestock and help improve wildlife habitat.
                  (E) Installation of erosion control devices.
                  (F) Construction of new and maintenance of permanent 
                infrastructure, including stock ponds, water 
                catchments, and water spring boxes used to benefit 
                livestock and improve wildlife habitat.
                  (G) Performance of soil treatments, native and non-
                native seeding, and planting of and transplanting 
                sagebrush, grass, forb, shrub, and other species.
                  (H) Use of herbicides, so long as the Secretary 
                concerned determines that the activity is otherwise 
                conducted consistently with agency procedures, 
                including any forest plan applicable to the area 
                covered by the activity.
  (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.
  (d) Acreage Limitations.--A forest management activity covered by the 
categorical exclusion established under subsection (a) may not exceed 
10,000 acres.
  (e) Definitions.--In this section:
          (1) Hazardous fuels management.--The term ``hazardous fuels 
        management'' means any vegetation management activities that 
        reduce the risk of wildfire.
          (2) Late-season grazing.--The term ``late-season grazing'' 
        means grazing activities that occur after both the invasive 
        species and native perennial species have completed their 
        current-year annual growth cycle until new plant growth begins 
        to appear in the following year.
          (3) Targeted livestock grazing.--The term ``targeted 
        livestock grazing'' means grazing used for purposes of 
        hazardous fuel reduction.

    Subtitle C--General Provisions for Forest Management Activities

SEC. 121. COMPLIANCE WITH FOREST PLANS.

  A forest management activity carried out pursuant to this Act shall 
be conducted in a manner consistent with the forest plan applicable to 
the National Forest System land or public lands covered by the forest 
management activity.

SEC. 122. CONSULTATION UNDER THE NATIONAL HISTORIC PRESERVATION ACT.

  (a) Effect of Undertaking on Historic Property.--With respect to a 
forest management activity carried out pursuant to this Act, in taking 
into account the effect of a Federal undertaking on any historic 
property under section 306108 of title 54, United States Code, the 
Secretary concerned may, without consultation with the State Historic 
Preservation Officer, Tribal Historic Preservation Officer, or any 
other entity--
          (1) conduct a phased identification and evaluation under 
        section 800.4(b)(2) of title 36, Code of Federal Regulations, 
        or successor regulation; and
          (2) with respect to the phased identification and evaluation 
        described in paragraph (1), apply the criteria of adverse 
        effect consistent with phased identification and evaluation 
        under section 800.5(a)(3) of title 36, Code of Federal 
        Regulations, or successor regulation.
  (b) Expedited Consultation.--
          (1) In general.--In the case of a forest management activity 
        carried out pursuant to this Act that is not the subject of a 
        phased identification and evaluation under subsection (a), 
        consultation under section 106 of the National Historic 
        Preservation Act (54 U.S.C. 306108) shall be concluded within 
        the 90-day period beginning on the date on which such 
        consultation was requested by the Secretary concerned.
          (2) No conclusion.--In the case of a consultation described 
        in paragraph (1) that is not concluded within the 90-day 
        period, the forest management activity for which such 
        consultation was initiated--
                  (A) shall be considered to have not violated section 
                106 of the National Historic Preservation Act (54 
                U.S.C. 306108); and
                  (B) may be carried out.

SEC. 123. CONSULTATION UNDER THE ENDANGERED SPECIES ACT.

  (a) No Consultation if Action Not Likely To Adversely Affect a Listed 
Species or Designated Critical Habitat.--With respect to a forest 
management activity carried out pursuant to this Act, consultation 
under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) 
shall not be required if the Secretary concerned determines that the 
such forest management activity is not likely to adversely affect a 
listed species or designated critical habitat.
  (b) Expedited Consultation.--
          (1) In general.--With respect to a forest management activity 
        carried out pursuant to this Act, consultation required under 
        section 7 of the Endangered Species Act of 1973 (16 U.S.C. 
        1536) shall be concluded within the 90-day period beginning on 
        the date on which such consultation was requested by the 
        Secretary concerned.
          (2) No conclusion.--In the case of a consultation described 
        in paragraph (1) that is not concluded within the 90-day 
        period, the forest management activity for which such 
        consultation was initiated--
                  (A) shall be considered to have not violated section 
                7 of the Endangered Species Act of 1973 (16 U.S.C. 
                1536(a)(2)); and
                  (B) may be carried out.

SEC. 124. FOREST MANAGEMENT ACTIVITIES CONSIDERED NON-DISCRETIONARY 
                    ACTIONS.

  For purposes of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), a forest management activity carried out by the Secretary 
concerned pursuant to this Act shall be considered a non-discretionary 
action.

 TITLE II--SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS

SEC. 201. 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 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 title.
  (d) Timeline for Public Input Process.--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 30 days for public scoping and 
comment, 15 days for filing an objection, and 15 days for the agency 
response to the filing of an objection. Upon completion of this process 
and expiration of the period specified in subsection (a), the Secretary 
concerned shall implement the project immediately.

SEC. 202. COMPLIANCE WITH FOREST PLAN.

  A salvage operation or reforestation activity authorized by this 
title 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.

SEC. 203. 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. 
Section 705 of title 5, United States Code, shall not apply to any 
challenge to the salvage operation or reforestation activity.

                TITLE III--FOREST MANAGEMENT LITIGATION

               Subtitle A--General Litigation Provisions

SEC. 301. NO ATTORNEY FEES FOR FOREST MANAGEMENT ACTIVITY CHALLENGES.

  Notwithstanding section 1304 of title 31, United States Code, no 
award may be made under section 2412 of title 28, United States Code, 
and no amounts may be obligated or expended from the Claims and 
Judgment Fund of the United States Treasury to pay any fees or other 
expenses under such sections to any plaintiff related to an action 
challenging a forest management activity carried out pursuant to this 
Act.

SEC. 302. INJUNCTIVE RELIEF.

  (a) Balancing Short- and Long-Term Effects of Forest Management 
Activities in Considering Injunctive Relief.--As part of its weighing 
the equities while considering any request for an injunction that 
applies to any agency action as part of a forest management activity 
under titles I through IX, the court reviewing the agency action shall 
balance the impact to the ecosystem likely affected by the forest 
management activity of--
          (1) the short- and long-term effects of undertaking the 
        agency action; against
          (2) the short- and long-term effects of not undertaking the 
        action.
  (b) Time Limitations for Injunctive Relief.--
          (1) In general.--Subject to paragraph (2) the length of any 
        preliminary injunctive relief and stays pending appeal that 
        applies to any agency action as part of a forest management 
        activity under titles I through IX, shall not exceed 60 days.
          (2) Renewal.--
                  (A) In general.--A court of competent jurisdiction 
                may issue one or more renewals of any preliminary 
                injunction, or stay pending appeal, granted under 
                paragraph (1).
                  (B) Updates.--In each renewal of an injunction in an 
                action, the parties to the action shall present the 
                court with updated information on the status of the 
                authorized forest management activity.

    Subtitle B--Forest Management Activity Arbitration Pilot Program

SEC. 311. USE OF ARBITRATION INSTEAD OF LITIGATION TO ADDRESS 
                    CHALLENGES TO FOREST MANAGEMENT ACTIVITIES.

  (a) Discretionary Arbitration Process Pilot Program.--
          (1) In general.--The Secretary of Agriculture, with respect 
        to National Forest System lands, and the Secretary of the 
        Interior, with respect to public lands, shall each establish a 
        discretionary arbitration pilot program as an alternative 
        dispute resolution process in lieu of judicial review for the 
        activities described in paragraph (2).
          (2) Activities described.--The Secretary concerned, at the 
        sole discretion of the Secretary, may designate objections or 
        protests to forest management activities for arbitration under 
        the arbitration pilot program established under paragraph (1).
          (3) Maximum amount of arbitrations.--Under the arbitration 
        pilot program, the Secretary concerned may not arbitrate more 
        than 10 objections or protests to forest management activities 
        in a fiscal year in--
                  (A) each Forest Service Region; and
                  (B) each State Region of the Bureau of Land 
                Management.
          (4) Determining amount of arbitrations.--An objection or 
        protest to a forest management activity shall not be counted 
        towards the limitation on number of arbitrations under 
        paragraph (3) unless--
                  (A) on the date such objection or protest is 
                designated for arbitration, the forest management 
                activity for which such objection or protest is filed 
                has not been the subject of arbitration proceedings 
                under the pilot program; and
                  (B) the arbitration proceeding has commenced with 
                respect to such objection or protest.
          (5) Termination.--The pilot programs established pursuant to 
        paragraph (1) shall terminate on the date that is 7 years after 
        the date of the enactment of this Act.
  (b) Intervening Parties.--
          (1) Requirements.--Any person that submitted a public comment 
        on the forest management activity that is subject to 
        arbitration may intervene in the arbitration--
                  (A) by endorsing--
                          (i) the forest management activity; or
                          (ii) the modification proposal submitted 
                        under subparagraph (B); or
                  (B) by submitting a proposal to further modify the 
                forest management activity.
          (2) Deadline for submission.--With respect to an objection or 
        protest that is designated for arbitration under this 
        subsection (a), a request to intervene in an arbitration must 
        be submitted not later than the date that is 30 days after the 
        date on which such objection or protest was designated for 
        arbitration.
          (3) Multiple parties.--Multiple intervening parties may 
        submit a joint proposal so long as each intervening party meets 
        the eligibility requirements of paragraph (1).
  (c) Appointment of Arbitrator.--
          (1) Appointment.--The Secretary of Agriculture and the 
        Secretary of the Interior shall jointly develop and publish a 
        list of not fewer than 20 individuals eligible to serve as 
        arbitrators for the pilot programs under this section.
          (2) Qualifications.--In order to be eligible to serve as an 
        arbitrator under this subsection, an individual shall be, on 
        the date of the appointment of such arbitrator--
                  (A) certified by the American Arbitration 
                Association; and
                  (B) not a registered lobbyist.
          (3) Selection of arbitrator.--
                  (A) In general.--For each arbitration commenced under 
                this section, the Secretary concerned and each 
                applicable objector or protestor shall agree, not later 
                than 14 days after the agreement process is initiated, 
                on a mutually acceptable arbitrator from the list 
                published under subsection.
                  (B) Appointment after 14-days.--In the case of an 
                agreement with respect to a mutually acceptable 
                arbitrator not being reached within the 14-day limit 
                described in subparagraph (A), the Secretary concerned 
                shall appoint an arbitrator from the list published 
                under this subsection.
  (d) Selection of Proposals.--
          (1) In general.--The arbitrator appointed under subsection 
        (c)--
                  (A) may not modify any of the proposals submitted 
                with the objection, protest, or request to intervene; 
                and
                  (B) shall select to be conducted--
                          (i) the forest management activity, as 
                        approved by the Secretary; or
                          (ii) a proposal submitted by an objector or 
                        an intervening party.
          (2) Selection criteria.--An arbitrator shall, when selecting 
        a proposal, consider--
                  (A) whether the proposal is consistent with the 
                applicable forest plan, laws, and regulations;
                  (B) whether the proposal can be carried out by the 
                Secretary concerned; and
                  (C) the effect of each proposal on--
                          (i) forest health;
                          (ii) habitat diversity;
                          (iii) wildfire potential;
                          (iv) insect and disease potential;
                          (v) timber production; and
                          (vi) the implications of a resulting decline 
                        in forest health, loss of habitat diversity, 
                        wildfire, or insect or disease infestation, 
                        given fire and insect and disease historic 
                        cycles, on--
                                  (I) domestic water costs;
                                  (II) wildlife habitat loss; and
                                  (III) other economic and social 
                                factors.
  (e) Effect of Decision.--The decision of an arbitrator with respect 
to the forest management activity--
          (1) shall not be considered a major Federal action;
          (2) shall be binding; and
          (3) shall not be subject to judicial review, except as 
        provided in section 10(a) of title 9, United States Code.
  (f) Deadline for Completion.--Not later than 90 days after the date 
on which the arbitration is filed with respect to the forest management 
activity, the arbitration process shall be completed.

  TITLE IV--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT 
                               AMENDMENTS

SEC. 401. USE OF RESERVED FUNDS FOR TITLE II PROJECTS ON FEDERAL LAND 
                    AND CERTAIN NON-FEDERAL LAND.

  (a) Repeal of Merchantable Timber Contracting Pilot Program.--Section 
204(e) of the Secure Rural Schools and Community Self-Determination Act 
of 2000 (16 U.S.C. 7124(e)) is amended by striking paragraph (3).
  (b) Requirements for Project Funds.--Section 204(f) of the Secure 
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
7124(f)) is amended to read as follows:
  ``(f) Requirements for Project Funds.--
          ``(1) In general.--Subject to paragraph (2), the Secretary 
        concerned shall ensure that at least 50 percent of the project 
        funds reserved by a participating county under section 102(d) 
        shall be available only for projects that--
                  ``(A) include the sale of timber or other forest 
                products, reduce fire risks, or improve water supplies; 
                and
                  ``(B) implement stewardship objectives that enhance 
                forest ecosystems or restore and improve land health 
                and water quality.
          ``(2) Applicability.--The requirement in paragraph (1) shall 
        apply only to project funds reserved by a participating county 
        whose boundaries include Federal land that the Secretary 
        concerned determines has been subject to a timber or other 
        forest products program within 5 fiscal years before the fiscal 
        year in which the funds are reserved.''.

SEC. 402. RESOURCE ADVISORY COMMITTEES.

  (a) Recognition of Resource Advisory Committees.--Section 205(a)(4) 
of the Secure Rural Schools and Community Self-Determination Act of 
2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012'' each place 
it appears and inserting ``2022''.
  (b) Reduction in Composition of Committees.--Section 205(d) of the 
Secure Rural Schools and Community Self-Determination Act of 2000 (16 
U.S.C. 7125(d)) is amended--
          (1) in paragraph (1), by striking ``15 members'' and 
        inserting ``9 members''; and
          (2) by striking ``5 persons'' each place it appears and 
        inserting ``3 persons''.
  (c) Expanding Local Participation on Committees.--Section 205(d) of 
the Secure Rural Schools and Community Self-Determination Act of 2000 
(16 U.S.C. 7125(d)) is amended--
          (1) in paragraph (3), by inserting before the period at the 
        end the following: ``, consistent with the requirements of 
        paragraph (4)''; and
          (2) by striking paragraph (4) and inserting the following new 
        paragraph:
          ``(4) Geographic distribution.--The members of a resource 
        advisory committee shall reside within the county or counties 
        in which the committee has jurisdiction or an adjacent 
        county.''.
  (d) Appointment of Resource Advisory Committees by Applicable 
Designee.--
          (1) In general.--Section 205 of the Secure Rural Schools and 
        Community Self-Determination Act of 2000 (16 U.S.C. 7125) is 
        further amended--
                  (A) in subsection (a)--
                          (i) in paragraph (1), by inserting ``(or 
                        applicable designee)'' after ``The Secretary 
                        concerned'';
                          (ii) in paragraph (3), by inserting ``(or 
                        applicable designee)'' after ``the Secretary 
                        concerned''; and
                          (iii) in paragraph (4), by inserting ``(or 
                        applicable designee)'' after ``the Secretary 
                        concerned'' both places it appears;
                  (B) in subsection (b)(6), by inserting ``(or 
                applicable designee)'' after ``the Secretary 
                concerned'';
                  (C) in subsection (c)--
                          (i) in the subsection heading, by inserting 
                        ``or Applicable Designee'' after ``by the 
                        Secretary'';
                          (ii) in paragraph (1), by inserting ``(or 
                        applicable designee)'' after ``The Secretary 
                        concerned'' both places it appears;
                          (iii) in paragraph (2), by inserting ``(or 
                        applicable designee)'' after ``The Secretary 
                        concerned'';
                          (iv) in paragraph (4), by inserting ``(or 
                        applicable designee)'' after ``The Secretary 
                        concerned''; and
                          (v) by adding at the end the following new 
                        paragraph:
          ``(6) Applicable designee.--In this section, the term 
        `applicable designee' means--
                  ``(A) with respect to Federal land described in 
                section 3(7)(A), the applicable Regional Forester; and
                  ``(B) with respect to Federal land described in 
                section 3(7)(B), the applicable Bureau of Land 
                Management State Director.'';
                  (D) in subsection (d)(3), by inserting ``(or 
                applicable designee)'' after ``the Secretary 
                concerned''; and
                  (E) in subsection (f)(1)--
                          (i) by inserting ``(or applicable designee)'' 
                        after ``the Secretary concerned''; and
                          (ii) by inserting ``(or applicable 
                        designee)'' after ``of the Secretary''.
          (2) Conforming amendment.--Section 201(3) of the Secure Rural 
        Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
        7121(3)) is amended by inserting ``(or applicable designee (as 
        defined in section 205(c)(6)))'' after ``Secretary concerned'' 
        both places it appears.

SEC. 403. PROGRAM FOR TITLE II SELF-SUSTAINING RESOURCE ADVISORY 
                    COMMITTEE PROJECTS.

  (a) Self-Sustaining Resource Advisory Committee Projects.--Title II 
of the Secure Rural Schools and Community Self-Determination Act of 
2000 (16 U.S.C. 7121 et seq.) is amended by adding at the end the 
following new section:

``SEC. 209. PROGRAM FOR SELF-SUSTAINING RESOURCE ADVISORY COMMITTEE 
                    PROJECTS.

  ``(a) RAC Program.--The Chief of the Forest Service shall conduct a 
program (to be known as the `self-sustaining resource advisory 
committee program' or `RAC program') under which 10 resource advisory 
committees will propose projects authorized by subsection (c) to be 
carried out using project funds reserved by a participating county 
under section 102(d).
  ``(b) Selection of Participating Resource Advisory Committees.--The 
selection of resource advisory committees to participate in the RAC 
program is in the sole discretion of the Chief of the Forest Service.
  ``(c) Authorized Projects.--Notwithstanding the project purposes 
specified in sections 202(b), 203(c), and 204(a)(5), projects under the 
RAC program are intended to--
          ``(1) accomplish forest management objectives or support 
        community development; and
          ``(2) generate receipts.
  ``(d) Deposit and Availability of Revenues.--Any revenue generated by 
a project conducted under the RAC program, including any interest 
accrued from the revenues, shall be--
          ``(1) deposited in the special account in the Treasury 
        established under section 102(d)(2)(A); and
          ``(2) available, in such amounts as may be provided in 
        advance in appropriation Acts, for additional projects under 
        the RAC program.
  ``(e) Termination of Authority.--
          ``(1) In general.--The authority to initiate a project under 
        the RAC program shall terminate on September 30, 2022.
          ``(2) Deposits in treasury.--Any funds available for projects 
        under the RAC program and not obligated by September 30, 2023, 
        shall be deposited in the Treasury of the United States.''.
  (b) Exception to General Rule Regarding Treatment of Receipts.--
Section 403(b) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7153(b)) is amended by striking 
``All revenues'' and inserting ``Except as provided in section 209, all 
revenues''.

SEC. 404. ADDITIONAL AUTHORIZED USE OF RESERVED FUNDS FOR TITLE III 
                    COUNTY PROJECTS.

  Section 302(a) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7142(a)) is amended--
          (1) in paragraph (2)--
                  (A) by inserting ``and law enforcement patrols'' 
                after ``including firefighting''; and
                  (B) by striking ``and'' at the end;
          (2) in paragraph (3), by inserting ``and carry out'' after 
        ``develop'';
          (3) by redesignating paragraph (3) as paragraph (4); and
          (4) by inserting after paragraph (2) the following new 
        paragraph (3):
          ``(3) to cover training costs and equipment purchases 
        directly related to the emergency services described in 
        paragraph (2); and''.

SEC. 405. TREATMENT AS SUPPLEMENTAL FUNDING.

  (a) In General.--Section 102 of the Secure Rural Schools and 
Community Self-Determination Act of 2000 (16 U.S.C. 7112) is amended by 
adding at the end the following new subsection:
  ``(f) Treatment as Supplemental Funding.--None of the funds made 
available to a beneficiary county or other political subdivision of a 
State under this Act shall be used in lieu of or to otherwise offset 
State funding sources for local schools, facilities, or educational 
purposes.''.
  (b) Continuation of Direct Payments.--Payments to States made under 
the Secure Rural Schools and Community Self-Determination Act of 2000 
(16 U.S.C. 7101 et seq.) and 25-percent payments made to States and 
Territories under the Acts of May 23, 1908, and March 1, 1911 (16 
U.S.C. 500), shall continue to be made as direct payments.

              TITLE V--STEWARDSHIP END RESULT CONTRACTING

SEC. 501. CANCELLATION CEILINGS FOR STEWARDSHIP END RESULT CONTRACTING 
                    PROJECTS.

  (a) Cancellation Ceilings.--Section 604 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6591c) is amended--
          (1) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively; and
          (2) by inserting after subsection (g) the following new 
        subsection (h):
  ``(h) Cancellation Ceilings.--
          ``(1) In general.--Notwithstanding section 3903(b)(1) of 
        title 41, United States Code, the Chief and the Director may 
        obligate funds in stages that are economically or 
        programmatically viable to cover any potential cancellation or 
        termination costs for an agreement or contract under subsection 
        (b) in stages that are economically or programmatically viable.
          ``(2) Advance notice to congress of cancellation ceiling in 
        excess of $25 million.--Not later than 30 days before entering 
        into a multiyear agreement or contract under subsection (b) 
        that includes a cancellation ceiling in excess of $25 million, 
        but does not include proposed funding for the costs of 
        cancelling the agreement or contract up to such cancellation 
        ceiling, the Chief or the Director, as the case may be, shall 
        submit to the Committee on Energy and Natural Resources and the 
        Committee on Agriculture, Nutrition, and Forestry of the Senate 
        and the Committee on Natural Resources and the Committee on 
        Agriculture of the House of Representatives a written notice 
        that includes--
                  ``(A) the cancellation ceiling amounts proposed for 
                each program year in the agreement or contract;
                  ``(B) the reasons why such cancellation ceiling 
                amounts were selected;
                  ``(C) the extent to which the costs of contract 
                cancellation are not included in the budget for the 
                agreement or contract; and
                  ``(D) an assessment of the financial risk of not 
                including budgeting for the costs of agreement or 
                contract cancellation.
          ``(3) Transmittal of notice to omb.--Not later than 14 days 
        after the date on which written notice is provided under 
        paragraph (2) with respect to an agreement or contract under 
        subsection (b), the Chief or the Director, as the case may be, 
        shall transmit a copy of the notice to the Director of the 
        Office of Management and Budget.''.
  (b) Relation to Other Laws.--Section 604(d)(5) of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6591c(d)(5)) is amended--
          (1) by striking ``, the Chief may'' and inserting ``and 
        section 2(a)(1) of the Act of July 31, 1947 (commonly known as 
        the Materials Act of 1947; 30 U.S.C. 602(a)(1)), the Chief and 
        the Director may''; and
          (2) by striking the last sentence.

SEC. 502. EXCESS OFFSET VALUE.

  Section 604(g)(2) of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591c(g)(2)) is amended by striking subparagraphs (A) and (B) 
and inserting the following new subparagraphs:
                  ``(A) use the excess to satisfy any outstanding 
                liabilities for cancelled agreements or contracts; or
                  ``(B) if there are no outstanding liabilities under 
                subparagraph (A), apply the excess to other authorized 
                stewardship projects.''.

SEC. 503. PAYMENT OF PORTION OF STEWARDSHIP PROJECT REVENUES TO COUNTY 
                    IN WHICH STEWARDSHIP PROJECT OCCURS.

  Section 604(e) of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591c(e)) is amended--
          (1) in paragraph (2)(B), by inserting ``subject to paragraph 
        (3)(A),'' before ``shall''; and
          (2) in paragraph (3)(A), by striking ``services received by 
        the Chief or the Director'' and all that follows through the 
        period at the end and inserting the following: ``services and 
        in-kind resources received by the Chief or the Director under a 
        stewardship contract project conducted under this section shall 
        not be considered monies received from the National Forest 
        System or the public lands, but any payments made by the 
        contractor to the Chief or Director under the project shall be 
        considered monies received from the National Forest System or 
        the public lands.''.

SEC. 504. SUBMISSION OF EXISTING ANNUAL REPORT.

  Subsection (j) of section 604 of the Healthy Forests Restoration Act 
of 2003 (16 U.S.C. 6591c), as redesignated by section 501(a)(1), is 
amended by striking ``report to the Committee on Agriculture, 
Nutrition, and Forestry of the Senate and the Committee on Agriculture 
of the House of Representatives'' and inserting ``submit to the 
congressional committees specified in subsection (h)(2) a report''.

SEC. 505. FIRE LIABILITY PROVISION.

  Section 604(d) of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591c(d)) is amended by adding at the end the following new 
paragraph:
          ``(8) Modification.--Upon the request of the contractor, a 
        contract or agreement under this section awarded before 
        February 7, 2014, shall be modified by the Chief or Director to 
        include the fire liability provisions described in paragraph 
        (7).''.

SEC. 506. EXTENSION OF STEWARDSHIP CONTRACTING MAXIMUM TERM LIMITS.

  (a) Health Forests Restoration Act.--Section 604(d)(3)(B) of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(d)(3)(B)) is 
amended by striking ``10 years'' and inserting ``20 years''.
  (b) National Forest Management Act.--Section 14(c) of the National 
Forest Management Act of 1976 (16 U.S.C. 472a(c)) is amended by 
striking ``ten years'' and inserting ``20 years''.

 TITLE VI--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES

SEC. 601. DEFINITIONS.

  In this title:
          (1) Eligible entity.--The term ``eligible entity'' means--
                  (A) a State or political subdivision of a State 
                containing National Forest System lands or public 
                lands;
                  (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.
          (2) Fund.--The term ``Fund'' means the State-Supported Forest 
        Management Fund established by section 603.

SEC. 602. AVAILABILITY OF STEWARDSHIP PROJECT REVENUES AND 
                    COLLABORATIVE FOREST LANDSCAPE RESTORATION FUND TO 
                    COVER FOREST MANAGEMENT ACTIVITY PLANNING COSTS.

  (a) Availability of Stewardship Project Revenues.--Section 
604(e)(2)(B) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6591c(e)(2)(B)), as amended by section 503, is further amended by 
striking ``appropriation at the project site from which the monies are 
collected or at another project site.'' and inserting the following: 
``appropriation--
                          ``(i) at the project site from which the 
                        monies are collected or at another project 
                        site; and
                          ``(ii) to cover not more than 25 percent of 
                        the cost of planning additional stewardship 
                        contracting projects.''.
  (b) Availability of Collaborative Forest Landscape Restoration 
Fund.--Section 4003(f)(1) of the Omnibus Public Land Management Act of 
2009 (16 U.S.C. 7303(f)(1)) is amended by striking ``carrying out and'' 
and inserting ``planning, carrying out, and''.

SEC. 603. STATE-SUPPORTED PLANNING OF FOREST MANAGEMENT ACTIVITIES.

  (a) 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 related to compliance with section 102 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332)), carrying out, and 
monitoring certain forest management activities on National Forest 
System lands or public lands.
  (b) Contents.--The State-Supported Forest Management 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.
  (c) Geographical and Use Limitations.--In making a contribution under 
subsection (b)(1), an eligible entity may--
          (1) specify the National Forest System lands or public lands 
        for which the contribution may be expended; and
          (2) limit the types of forest management activities for which 
        the contribution may be expended.
  (d) Authorized Forest Management Activities.--In such amounts as may 
be provided in advance in appropriation Acts, the Secretary concerned 
may use the Fund to plan, carry out, and monitor a forest management 
activity that--
          (1) is developed through a collaborative process;
          (2) is proposed by a resource advisory committee;
          (3) is covered by a community wildfire protection plan.
  (e) Implementation Methods.--A forest management activity carried out 
using amounts in the Fund may be carried out using a contract or 
agreement under section 604 of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6591c), the good neighbor authority provided by section 
8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a), a contract 
under section 14 of the National Forest Management Act of 1976 (16 
U.S.C. 472a), or other authority available to the Secretary concerned, 
but revenues generated by the forest management activity shall be used 
to reimburse the Fund for planning costs covered using amounts in the 
Fund.
  (f) Relation to Other Laws.--
          (1) Revenue sharing.--Subject to subsection (e), 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-vanderberg act.--The Act of June 9, 1930 
        (commonly known as the Knutson-Vanderberg Act; 16 U.S.C. 576 et 
        seq.), shall apply to any forest management activity carried 
        out using amounts in the Fund.
  (g) Termination of Fund.--
          (1) Termination.--The Fund shall terminate 10 years after the 
        date of the enactment of this Act.
          (2) Effect of termination.--Upon the termination of the Fund 
        pursuant to paragraph (1) or pursuant to any other provision of 
        law, unobligated contributions remaining in the Fund shall be 
        returned to the eligible entity that made the contribution.

        TITLE VII--TRIBAL FORESTRY PARTICIPATION AND PROTECTION

SEC. 701. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF STEWARDSHIP 
                    END RESULT CONTRACTING AND OTHER AUTHORITIES.

  (a) Prompt Consideration of Tribal Requests.--Section 2(b) of the 
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended--
          (1) in paragraph (1), by striking ``Not later than 120 days 
        after the date on which an Indian tribe submits to the 
        Secretary'' and inserting ``In response to the submission by an 
        Indian Tribe of''; and
          (2) by adding at the end the following new paragraph:
          ``(4) Time periods for consideration.--
                  ``(A) Initial response.--Not later than 120 days 
                after the date on which the Secretary receives a Tribal 
                request under paragraph (1), the Secretary shall 
                provide an initial response to the Indian Tribe 
                regarding--
                          ``(i) whether the request may meet the 
                        selection criteria described in subsection (c); 
                        and
                          ``(ii) the likelihood of the Secretary 
                        entering into an agreement or contract with the 
                        Indian Tribe under paragraph (2) for activities 
                        described in paragraph (3).
                  ``(B) Notice of denial.--Notice under subsection (d) 
                of the denial of a Tribal request under paragraph (1) 
                shall be provided not later than 1 year after the date 
                on which the Secretary received the request.
                  ``(C) Completion.--Not later than 2 years after the 
                date on which the Secretary receives a Tribal request 
                under paragraph (1), other than a Tribal request denied 
                under subsection (d), the Secretary shall--
                          ``(i) complete all environmental reviews 
                        necessary in connection with the agreement or 
                        contract and proposed activities under the 
                        agreement or contract; and
                          ``(ii) enter into the agreement or contract 
                        with the Indian tribe under paragraph (2).''.
  (b) Conforming and Technical Amendments.--Section 2 of the Tribal 
Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended--
          (1) in subsections (b)(1) and (f)(1), by striking ``section 
        347 of the Department of the Interior and Related Agencies 
        Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-
        277) (as amended by section 323 of the Department of the 
        Interior and Related Agencies Appropriations Act, 2003 (117 
        Stat. 275))'' and inserting ``section 604 of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6591c)''; and
          (2) in subsection (d), by striking ``subsection (b)(1), the 
        Secretary may'' and inserting ``paragraphs (1) and (4)(B) of 
        subsection (b), the Secretary shall''.

SEC. 702. MANAGEMENT OF INDIAN FOREST LAND AUTHORIZED TO INCLUDE 
                    RELATED NATIONAL FOREST SYSTEM LANDS AND PUBLIC 
                    LANDS.

  Section 305 of the National Indian Forest Resources Management Act 
(25 U.S.C. 3104) is amended by adding at the end the following new 
subsection:
  ``(c) Inclusion of Certain National Forest System Land and Public 
Land.--
          ``(1) Authority.--At the request of an Indian Tribe, the 
        Secretary concerned may agree to treat Federal forest land as 
        Indian forest land for purposes of planning and conducting 
        forest land management activities under this section if the 
        Federal forest land is located within, or mostly within, a 
        geographic area that presents a feature or involves 
        circumstances principally relevant to that Indian Tribe, such 
        as Federal forest land ceded to the United States by treaty, 
        Federal forest land within the boundaries of a current or 
        former reservation, or Federal forest land adjudicated to be 
        Tribal homelands.
          ``(2) Requirements.--As part of the agreement to treat 
        Federal forest land as Indian forest land under paragraph (1), 
        the Secretary concerned and the Indian Tribe making the request 
        shall--
                  ``(A) provide for continued public access applicable 
                to the Federal forest land prior to the agreement, 
                except that the Secretary concerned may limit or 
                prohibit such access as needed;
                  ``(B) continue sharing revenue generated by the 
                Federal forest land with State and local governments 
                either--
                          ``(i) on the terms applicable to the Federal 
                        forest land prior to the agreement, including, 
                        where applicable, 25-percent payments or 50-
                        percent payments; or
                          ``(ii) at the option of the Indian Tribe, on 
                        terms agreed upon by the Indian Tribe, the 
                        Secretary concerned, and State and county 
                        governments participating in a revenue sharing 
                        agreement for the Federal forest land;
                  ``(C) comply with applicable prohibitions on the 
                export of unprocessed logs harvested from the Federal 
                forest land;
                  ``(D) recognize all right-of-way agreements in place 
                on Federal forest land prior to commencement of Tribal 
                management activities;
                  ``(E) ensure that all commercial timber removed from 
                the Federal forest land is sold on a competitive bid 
                basis; and
                  ``(F) cooperate with the appropriate State fish and 
                wildlife agency to achieve mutual agreement on the 
                management of fish and wildlife.
          ``(3) Limitation.--Treating Federal forest land as Indian 
        forest land for purposes of planning and conducting management 
        activities pursuant to paragraph (1) shall not be construed to 
        designate the Federal forest land as Indian forest lands for 
        any other purpose.
          ``(4) Definitions.--In this subsection:
                  ``(A) Federal forest land.--The term `Federal forest 
                land' means--
                          ``(i) National Forest System lands; and
                          ``(ii) public lands (as defined in section 
                        103(e) of the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1702(e))), 
                        including Coos Bay Wagon Road Grant lands 
                        reconveyed to the United States pursuant to the 
                        first section of the Act of February 26, 1919 
                        (40 Stat. 1179), and Oregon and California 
                        Railroad Grant lands.
                  ``(B) Secretary concerned.--The term `Secretary 
                concerned' means--
                          ``(i) the Secretary of Agriculture, with 
                        respect to the Federal forest land referred to 
                        in subparagraph (A)(i); and
                          ``(ii) the Secretary of the Interior, with 
                        respect to the Federal forest land referred to 
                        in subparagraph (A)(ii).''.

SEC. 703. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.

  The Secretary of the Interior and the Secretary of Agriculture may 
carry out demonstration projects by which federally recognized Indian 
Tribes or Tribal organizations may contract to perform administrative, 
management, and other functions of programs of the Tribal Forest 
Protection Act of 2004 (25 U.S.C. 3115a et seq.) through contracts 
entered into under the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5304 et seq.).

SEC. 704. RULE OF APPLICATION.

  Nothing in this title, or the amendments made by this title, shall be 
construed as interfering with, diminishing, or conflicting with the 
authority, jurisdiction, or responsibility of any State to exercise 
primary management, control, or regulation of fish and wildlife on land 
or water within the State (including on public land) under State law.

            TITLE VIII-- EXPEDITING INTERAGENCY CONSULTATION

     Subtitle A--Forest Plans Not Considered Major Federal Actions

SEC. 801. FOREST PLANS NOT CONSIDERED MAJOR FEDERAL ACTIONS.

  The development, maintenance, amendment, and revision of a forest 
plan shall not be considered a major Federal action for purposes of 
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332).

                    Subtitle B--Agency Consultation

SEC. 811. CONSULTATION UNDER FOREST AND RANGELAND RENEWABLE RESOURCES 
                    PLANNING ACT OF 1974.

  (a) In General.--Section 6(d) of the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1604(d)) is amended--
          (1) by striking ``(d) The Secretary'' and inserting the 
        following:
  ``(d) Public Participation and Consultation.--
          ``(1) In general.--The Secretary''; and
          (2) by adding at the end the following:
          ``(2) No additional consultation required after approval of 
        land management plans.--
                  ``(A) In general.--Notwithstanding any other 
                provision of law, the Secretary shall not be required 
                to engage in consultation under this subsection or any 
                other provision of law (including section 7 of the 
                Endangered Species Act (16 U.S.C. 1536) and section 
                402.16 of title 50, Code of Federal Regulations (or a 
                successor regulation)) with respect to--
                          ``(i) if a land management plan approved by 
                        the Secretary--
                                  ``(I) the listing of a species as 
                                threatened or endangered, or a 
                                designation of critical habitat 
                                pursuant to the Endangered Species Act 
                                (16 U.S.C. 1531 et seq.);
                                  ``(II) whether the amount or extent 
                                of taking specified in the incidental 
                                take statement is exceeded;
                                  ``(III) whether new information 
                                reveals effects of the action that may 
                                affect listed species or critical 
                                habitat in a manner or to an extent not 
                                previously considered; or
                                  ``(IV) whether the identified action 
                                is subsequently modified in a manner 
                                that causes an effect to the listed 
                                species or critical habitat that was 
                                not considered in the biological 
                                opinion; or
                          ``(ii) any provision of a land management 
                        plan adopted as described in clause (i).
                  ``(B) Effect of paragraph.--Nothing in this paragraph 
                affects any applicable requirement of the Secretary to 
                consult with the head of any other Federal department 
                or agency--
                          ``(i) regarding any project, including a 
                        project carried out, or proposed to be carried 
                        out, in an area designated as critical habitat 
                        pursuant to the Endangered Species Act (16 
                        U.S.C. 1531 et seq.); or
                          ``(ii) with respect to the development of an 
                        amendment to a land management plan that would 
                        result in a significant change in the land 
                        management plan.
          ``(3) Land management plan considered a non-discretionary 
        action.--For purposes of the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.), a forest management activity carried out 
        by the Secretary concerned pursuant to this Act shall be 
        considered a non-discretionary action.''.
  (b) Definition of Secretary; Conforming Amendments.--
          (1) Definition of secretary.--Section 3(a) of the Forest and 
        Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
        1601(a)) is amended, in the first sentence of the matter 
        preceding paragraph (1), by inserting ``(referred to in this 
        Act as the `Secretary')'' after ``Secretary of Agriculture''.
          (2) Conforming amendments.--The Forest and Rangeland 
        Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et 
        seq.) is amended, in sections 4 through 9, 12, 13, and 15, by 
        striking ``Secretary of Agriculture'' each place it appears and 
        inserting ``Secretary''.

SEC. 812. CONSULTATION UNDER FEDERAL LAND POLICY AND MANAGEMENT ACT OF 
                    1976.

  Section 202(f) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1712(f)) is amended--
          (1) by striking ``(f) The Secretary'' and inserting the 
        following:
  ``(f) Public Involvement.--
          ``(1) In general.--The Secretary''; and
          (2) by adding at the end the following:
          ``(2) No additional consultation required after approval of 
        land use plans.--
                  ``(A) In general.--Notwithstanding any other 
                provision of law, the Secretary shall not be required 
                to engage in consultation under this subsection or any 
                other provision of law (including section 7 of the 
                Endangered Species Act (16 U.S.C. 1536) and section 
                402.16 of title 50, Code of Federal Regulations (or a 
                successor regulation)), with respect to--
                          ``(i) the listing of a species as threatened 
                        or endangered, or a designation of critical 
                        habitat, pursuant to the Endangered Species Act 
                        (16 U.S.C. 1531 et seq.), if a land use plan 
                        has been adopted by the Secretary as of the 
                        date of listing or designation; or
                          ``(ii) any provision of a land use plan 
                        adopted as described in clause (i).
                  ``(B) Effect of paragraph.--
                          ``(i) Definition of significant change.--In 
                        this subparagraph, the term `significant 
                        change' means a significant change within the 
                        meaning of section 219.13(b)(3) of title 36, 
                        Code of Federal Regulations (as in effect on 
                        the date of enactment of this subparagraph), 
                        except that--
                                  ``(I) any reference contained in that 
                                section to a land management plan shall 
                                be deemed to be a reference to a land 
                                use plan;
                                  ``(II) any reference contained in 
                                that section to the Forest Service 
                                shall be deemed to be a reference to 
                                the Bureau of Land Management; and
                                  ``(III) any reference contained in 
                                that section to the National Forest 
                                Management Act of 1976 (Public Law 94-
                                588; 90 Stat. 2949) shall be deemed to 
                                be a reference to this Act.
                          ``(ii) Effect.--Nothing in this paragraph 
                        affects any applicable requirement of the 
                        Secretary to consult with the head of any other 
                        Federal department or agency--
                                  ``(I) regarding a project carried 
                                out, or proposed to be carried out, 
                                with respect to a species listed as 
                                threatened or endangered, or in an area 
                                designated as critical habitat, 
                                pursuant to the Endangered Species Act 
                                (16 U.S.C. 1531 et seq.); or
                                  ``(II) with respect to the 
                                development of a new land use plan or 
                                the revision of or other significant 
                                change to an existing land use plan.
          ``(3) Land use plan considered non-discretionary action.--For 
        purposes of the Endangered Species Act of 1973 (16 U.S.C. 1531 
        et seq.), a forest management activity carried out by the 
        Secretary concerned pursuant to this Act shall be considered a 
        non-discretionary action.''.

                        TITLE IX--MISCELLANEOUS

                Subtitle A--Forest Management Provisions

SEC. 901. CLARIFICATION OF EXISTING CATEGORICAL EXCLUSION AUTHORITY 
                    RELATED TO INSECT AND DISEASE INFESTATION.

  Section 603(c)(2)(B) of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6591b(c)(2)(B)) is amended by striking ``Fire Regime Groups 
I, II, or III'' and inserting ``Fire Regime I, Fire Regime II, Fire 
Regime III, Fire Regime IV, or Fire Regime V''.

SEC. 902. REVISION OF ALTERNATE CONSULTATION AGREEMENT REGULATIONS.

  Not later than 90 days after the date of the enactment of this 
section, the Secretary of the Interior and the Secretary of Commerce 
shall revise section 402.13 of title 50, Code of Federal Regulations, 
to--
          (1) authorize Federal agencies to enter into alternative 
        consultation agreements under which the Federal agency may 
        determine if an action such agency authorizes is likely to 
        adversely affect listed species or critical habitat; and
          (2) if an agency determines such action will not likely 
        adversely affect listed species or critical habitat pursuant to 
        paragraph (1), not require such agency to complete a formal 
        consultation, informal consultation, or written concurrence of 
        the U.S. Fish and Wildlife Service or the National Marine 
        Fisheries Service with respect to such action.

SEC. 903. REVISION OF EXTRAORDINARY CIRCUMSTANCES REGULATIONS.

  (a) Determinations of Extraordinary Circumstances.--In determining 
whether extraordinary circumstances related to a proposed action 
preclude use of a categorical exclusion, the Forest Service shall not 
be required to--
          (1) consider whether a proposed action is within a potential 
        wilderness area;
          (2) consider whether a proposed action affects a Forest 
        Service sensitive species;
          (3) conduct an analysis under section 220.4(f) of title 36, 
        Code of Federal Regulations, of the proposed action's 
        cumulative impact (as the term is defined in section 1508.7 of 
        title 40, Code of Federal Regulations);
          (4) consider a determination under section 7 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1536) that a proposed 
        action may affect, but is not likely to adversely affect, 
        threatened, endangered, or candidate species, or designated 
        critical habitats; or
          (5) consider a determination under section 7 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1536) that a proposed 
        action may affect, and is likely to adversely affect 
        threatened, endangered, candidate species, or designated 
        critical habitat if the agency is in compliance with the 
        applicable provisions of the biological opinion.
  (b) Proposed Rulemaking.--Not later than 60 days after the date of 
enactment of this Act, the Secretary of Agriculture shall publish a 
notice of proposed rulemaking to revise section 220.6(b) of title 36, 
Code of Federal Regulations to conform such section with subsection 
(a).
  (c) Additional Revision.--As part of the proposed rulemaking 
described in subsection (b), the Secretary of Agriculture shall revise 
section 220.5(a)(2) of title 36, Code of Federal Regulations, to 
provide that the Forest Service shall not be required to consider 
proposals that would substantially alter a potential wilderness area as 
a class of actions normally requiring environmental impact statements.
  (d) Additional Actions.--Not later than 120 days after the date of 
enactment of this Act, the Secretary of Agriculture shall issue final 
regulations to carry out the revisions described in subsections (b) and 
(c).

SEC. 904. CONDITIONS ON FOREST SERVICE ROAD DECOMMISSIONING.

  (a) Consultation With Affected County.--Whenever any Forest Service 
defined maintenance level one- or two-system road within a designated 
high-fire prone area of a unit of the National Forest System is 
considered for decommissioning, the Forest Supervisor of that unit of 
the National Forest System shall--
          (1) consult with the government of the county containing the 
        road regarding the merits and possible consequences of 
        decommissioning the road; and
          (2) solicit possible alternatives to decommissioning the 
        road.
  (b) Period Prior to Decommission.--A Forest Service road described in 
subsection (a) may not be decommissioned without the advance approval 
of the Regional Forester.

SEC. 905. PROHIBITION ON APPLICATION OF EASTSIDE SCREENS REQUIREMENTS 
                    ON NATIONAL FOREST SYSTEM LANDS.

  (a) Repeal of Eastside Screens Requirements.--Notwithstanding any 
other provision of law, the Secretary of Agriculture shall immediately 
withdraw the Interim Management Direction Establishing Riparian, 
Ecosystem, and Wildlife Standards for Timber Sales (commonly known as 
the Eastside Screens requirements), including all preceding or 
associated versions of these amendments.
  (b) Effect of Repeal.--On and after the date of the enactment of this 
Act, the Secretary of Agriculture may not apply to National Forest 
System lands any of the amendments repealed under subsection (a).

SEC. 906. USE OF SITE-SPECIFIC FOREST PLAN AMENDMENTS FOR CERTAIN 
                    PROJECTS AND ACTIVITIES.

  If the Secretary concerned determines that, in order to conduct a 
project or carry out an activity implementing a forest plan, an 
amendment to the forest plan is required, the Secretary concerned shall 
execute such amendment as a nonsignificant plan amendment through the 
record of decision or decision notice for the project or activity.

SEC. 907. KNUTSON-VANDENBERG ACT MODIFICATIONS.

  (a) Deposits of Funds From National Forest Timber Purchasers 
Required.--Section 3(a) of the Act of June 9, 1930 (commonly known as 
the Knutson-Vandenberg Act; 16 U.S.C. 576b(a)), is amended by striking 
``The Secretary'' and all that follows through ``any purchaser'' and 
inserting the following: ``The Secretary of Agriculture shall require 
each purchaser''.
  (b) Conditions on Use of Deposits.--Section 3 of the Act of June 9, 
1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is 
amended--
          (1) by striking ``Such deposits'' and inserting the 
        following:
  ``(b) Amounts deposited under subsection (a)'';
          (2) by redesignating subsection (c) as subsection (d); and
          (3) by inserting before subsection (d), as so redesignated, 
        the following new subsection (c):
  ``(c)(1) Amounts in the special fund established pursuant to this 
section--
          ``(A) shall be used exclusively to implement activities 
        authorized by subsection (a); and
          ``(B) may be used anywhere within the Forest Service Region 
        from which the original deposits were collected.
  ``(2) The Secretary of Agriculture may not deduct overhead costs from 
the funds collected under subsection (a), except as needed to fund 
personnel of the responsible Ranger District for the planning and 
implementation of the activities authorized by subsection (a).''.

SEC. 908. APPLICATION OF NORTHWEST FOREST PLAN SURVEY AND MANAGE 
                    MITIGATION MEASURE STANDARD AND GUIDELINES.

  The Northwest Forest Plan Survey and Manage Mitigation Measure 
Standard and Guidelines shall not apply to any National Forest System 
lands or public lands.

SEC. 909. RECONSTRUCTION AND REPAIR INCLUDED IN GOOD NEIGHBOR 
                    AGREEMENTS.

  Section 8206(a)(3) of the Agricultural Act of 2014 (16 U.S.C. 
2113a(a)(3)) is amended--
          (1) in subparagraph (A)--
                  (A) in clause (ii), by striking ``and'';
                  (B) by redesignating clause (iii) as clause (iv); and
                  (C) by inserting after clause (ii) the following new 
                clause:
                          ``(iii) construction, reconstruction, repair 
                        or restoration of roads as necessary to achieve 
                        project objectives; and''.
          (2) by amending subparagraph (B) to read as follows:
                  ``(B) Exclusions.--The term `forest, rangeland, and 
                watershed restoration services' does not include 
                construction, alteration, repair or replacement of 
                public buildings or works.''.

SEC. 910. LOGGING AND MECHANIZED OPERATIONS.

  The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is 
amended--
          (1) in section 3 (29 U.S.C. 203)--
                  (A) in subsection (l), by striking ``well-being.'' 
                and inserting ``well-being, and that employment of 
                employees ages sixteen or seventeen years in a logging 
                or mechanized operation in an occupation that the 
                Secretary of Labor finds and declares to be 
                particularly hazardous for the employment of 
                individuals of such ages shall not be deemed to 
                constitute oppressive child labor if such employee is 
                employed by his parent or by a person standing in the 
                place of his parent in a logging or mechanized 
                operation owned or operated by such parent or 
                person.''; and
                  (B) by adding at the end the following:
  ``(z)(1) `Logging'--
          ``(A) means--
                  ``(i) the felling, skidding, yarding, loading and 
                processing of timber by equipment other than manually 
                operated chainsaws and cable skidders;
                  ``(ii) the felling of timber in mechanized 
                operations;
                  ``(iii) the bucking or converting of timber into 
                logs, poles, ties, bolts, pulpwood, chemical wood, 
                excelsior wood, cordwood, fence posts, or similar 
                products;
                  ``(iv) the collecting, skidding, yarding, loading, 
                transporting and unloading of such products in 
                connection with logging;
                  ``(v) the constructing, repairing and maintaining of 
                roads or camps used in connection with logging; the 
                constructing, repairing, and maintenance of machinery 
                or equipment used in logging; and
                  ``(vi) other work performed in connection with 
                logging; and
          ``(B) does not include the manual use of chain saws to fell 
        and process timber and the use of cable skidders to bring the 
        timber to the landing.
  ``(2) `Mechanized operation'--
          ``(A) means the felling, skidding, yarding, loading and 
        processing of timber by equipment other than manually operated 
        chainsaws and cable skidders; and
          ``(B) includes whole tree processors, cut-to-length 
        processors, stroke boom delimbers, wheeled and track feller-
        bunchers, pull thru delimbers, wheeled and track forwarders, 
        chippers, grinders, mechanical debarkers, wheeled and track 
        grapple skidders, yarders, bulldozers, excavators, and log 
        loaders.''; and
          (2) in section 13(c) (29 U.S.C. 211(c)), by adding at the end 
        the following:
  ``(8) The provisions of section 12 relating to child labor shall 
apply to an employee who is 16 or 17 years old employed in a logging or 
mechanized operation in an occupation that the Secretary of Labor finds 
and declares to be particularly hazardous for the employment of 
children ages 16 or 17, except where such employee is employed by his 
parent or by a person standing in the place of his parent in a logging 
or mechanized operation owned or operated by such parent or person.''.

  Subtitle B--Oregon and California Railroad Grant Lands and Coos Bay 
                         Wagon Road Grant Lands

SEC. 911. AMENDMENTS TO THE ACT OF AUGUST 28, 1937.

  The first section of the Act of August 28, 1937 (50 Stat. 874; 43 
U.S.C. 2601 et seq.), is amended--
          (1) by striking ``principal of sustained yield'' and 
        inserting ``principle of sustained yield'';
          (2) by striking ``facilties'' and inserting ``facilities''; 
        and
          (3) by striking ``That timber from said lands in an amount'' 
        and inserting ``That timber from said lands in the amount that 
        is the greater of:''.

SEC. 912. OREGON AND CALIFORNIA RAILROAD GRANT LANDS AND COOS BAY WAGON 
                    ROAD GRANT LANDS PERMANENT RIGHTS OF ACCESS.

  (a) Creation of Permanent Rights of Access Required.--Notwithstanding 
any other provision of law, on the date of the enactment of this 
section, reciprocal road right-of-way permits, grants, and agreements 
issued to a private landowner by the Secretary of the Interior pursuant 
to subpart 2812 of part 2810 of title 43, Code of Federal Regulations, 
or its predecessor regulation shall become permanent rights of access 
that are recordable and that shall run with the land.
  (b) Records Updated.--Not later than 60 days after the date of the 
enactment of this Act, the reciprocal road right-of-way permits, 
grants, and agreements described in subsection (a) shall be amended to 
reflect the permanent rights of access required under subsection (a) 
and recorded by the Secretary of the Interior in each county where the 
lands are located. No other amendments shall be made to such right-of-
way permits, grants, and agreements.

SEC. 913. MANAGEMENT OF BUREAU OF LAND MANAGEMENT LANDS IN WESTERN 
                    OREGON.

  (a) In General.--All of the public land managed by the Bureau of Land 
Management in the Northwest District, Roseburg District, Coos Bay 
District, Medford District, and the Klamath Resource Area of the 
Lakeview District in the State of Oregon shall hereafter be managed 
pursuant to title I of the of the Act of August 28, 1937 (43 U.S.C. 
1181a through 1181e). Except as provided in subsection (b), all of the 
revenue produced from such land shall be deposited in the Treasury of 
the United States in the Oregon and California land-grant fund and be 
subject to the provisions of title II of the Act of August 28, 1937 (43 
U.S.C. 1181f).
  (b) Certain Lands Excluded.--Subsection (a) does not apply to any 
revenue that is required to be deposited in the Coos Bay Wagon Road 
grant fund pursuant to sections 1 through 4 of the Act of May 24, 1939 
(43 U.S.C. 1181f et seq.).

          TITLE X--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND

SEC. 1001. WILDFIRE ON FEDERAL LANDS.

  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 lands.--
                The term `major disaster for wildfire on Federal lands' 
                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 lands; or
                          ``(ii) on non-Federal lands pursuant to a 
                        fire protection agreement or cooperative 
                        agreement.''.

SEC. 1002. DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON FEDERAL 
                    LANDS.

  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.

  ``As used 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 lands 
        (or on non-Federal lands 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 account 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 LANDS.

  ``(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 lands exists.
  ``(b) Requirements.--A request for a declaration by the President 
that a major disaster for wildfire on Federal lands exists shall--
          ``(1) be made in writing by the respective Secretary;
          ``(2) certify that the amount appropriated in the current 
        fiscal year 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 or greater than 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 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 lands 
        pursuant to this title is based; and
          ``(4) 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 lands 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 lands exists.

``SEC. 803. WILDFIRE ON FEDERAL LANDS ASSISTANCE.

  ``(a) In General.--In a major disaster for wildfire on Federal lands, 
the President may transfer 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 lands (and non-Federal lands pursuant to a fire protection 
agreement or cooperative agreement).
  ``(b) Wildfire Suppression Operations Account.--The President shall 
establish a specific account for the assistance available pursuant to a 
declaration under section 802. Such account may only be used to fund 
assistance pursuant to this title.
  ``(c) Limitation.--
          ``(1) Limitation of transfer.--The assistance available 
        pursuant to a declaration under section 802 is limited to the 
        transfer of the amount requested pursuant to section 802(b)(4). 
        The assistance available for transfer shall not exceed the 
        amount contained in the wildfire suppression operations account 
        established pursuant to subsection (b).
          ``(2) 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 Account.
  ``(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 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 the such Secretary 
        considers appropriate.
          ``(4) Lessons learned.
          ``(5) Such other matters as the respective Secretary 
        considers appropriate.
  ``(g) Savings Provision.--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. 1003. 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.

                          Purpose of the Bill

    The purpose of H.R. 2936 is to expedite under the National 
Environmental Policy Act of 1969 and improve forest management 
activities on National Forest System lands, on public lands 
under the jurisdiction of the Bureau of Land Management, and on 
Tribal lands to return resilience to the overgrown, fire-prone 
forested lands.

                  Background and Need for Legislation

    H.R. 2936, the Resilient Federal Forests Act of 2017, 
addresses the declining health of America's forest lands due to 
a lack of active management by the United States Forest Service 
(USFS) and the Bureau of Land Management (BLM).
    The diminished health of our federal forests caused a 
significant increase in the size and severity of catastrophic 
wildfire over the past 15 years. Catastrophic wildfires 
negatively impact watershed health, wildlife habitat, air 
quality, public and private property and human life. USFS 
indicated that wildfires destroyed more than 36,000 man-made 
structures since 2006.\1\ More disturbingly, agency data 
indicates that 349 lives have been lost to catastrophic 
wildfire over the past twenty years.\2\
---------------------------------------------------------------------------
    \1\National Interagency Coordination Center (NICC) Wildland Fire 
Summary and Statistics Annual Reports, https://
www.predictiveservices.nifc.gov/intelligence/intelligence.htm
    \2\National Interagency Fire Center, Wildland Fire Accidents and 
Fatalities by Year, https://www.nifc.gov/safety/safety_documents/
year.pdf
---------------------------------------------------------------------------
    The steep decline in timber harvests from federal forests 
contributes to the alarming increase in the size and intensity 
of catastrophic wildfires. From the mid-1950s to the mid-1990s, 
USFS typically harvested between 10 and 12 billion board feet 
of timber annually. Beginning in 1996, the average amount of 
timber harvested from federal forests fell to between 1.5 and 
3.3 billion board feet.\3\ However, since 1996, the average 
annual number of acres burned due to catastrophic wildfire 
total over 6.2 million acres per year.\4\
---------------------------------------------------------------------------
    \3\USDA Forest Service, FY 1905-2015 National Summary Cut and Sold 
Data and Graphs, January 20, 2016.
    \4\National Interagency Fire Center, Total Wildland Fires and Acres 
(1960-2015), https://www.nifc.gov/fireInfo/
fireInfo_stats_totalFires.html
---------------------------------------------------------------------------
    Over 58 million acres of national forest are at high or 
very high risk of severe wildfire,\5\ an area almost the size 
of the States of Pennsylvania and New York combined. In fiscal 
year 2015, USFS harvested less than 2.9 billion board feet of 
timber across 204,763 acres,\6\ a small fraction of the acreage 
in need of treatment.
---------------------------------------------------------------------------
    \5\Chief Tom Tidwell, Testimony before the Senate Committee on 
Energy and Natural Resources, May 5, 2015.
    \6\USDA Forest Service, Fiscal Year 2017 Budget Justification, 
February 2017.
---------------------------------------------------------------------------
    The reason for the declining health and productivity of our 
federal forests is twofold: longer planning and bureaucratic 
review periods that result in increased time and cost for 
planning and executing forest management activities, and the 
chilling effect of unnecessary litigation on forest planning 
decisions.
    Prior to marking up H.R. 2936, the Natural Resources 
Subcommittee on Federal Lands held multiple hearings focusing 
on federal forest health and management challenges. The 
hearings highlighted the dire situation facing our federal 
forests including degraded forest health, increased risk of 
wildfire, insects, disease and mortality, and loss of economic 
vitality for forest communities. The hearings also explored 
opportunities for Congress to expand existing USFS and BLM 
tools to improve forest health.
    H.R. 2936 simplifies environmental process requirements, 
reduces project planning times and lowers the cost of 
implementing forest management projects while still ensuring 
robust protection of the environment through thorough 
environmental review.
    H.R. 2936 also addresses the challenges facing the managers 
of our federal forests by rewarding collaboration among 
interest groups, providing an alternative process to resolve 
litigation against forest projects, and streamlining 
bureaucratic processes. The legislation updates and modernizes 
the Secure Rural Schools and Community Self Determination Act 
(Public Law 106-393) and further empowers Resource Advisory 
Committees to bring diverse viewpoints together to solve 
national forest management problems. It also provides 
categorical exclusions under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) for land managers engaging 
in routine treatments on federal forest lands and empowers 
agency scientists to gather data, assess project impacts, and 
design appropriate mitigation.
    Additional process efficiencies may be found by USFS and 
BLM by prioritizing continued cooperation with State fish and 
wildlife agencies to recognize and utilize State fish and 
wildlife data and analyses as a primary source to inform land 
use, planning, and related natural resource decisions. Federal 
agencies should avoid duplication of raw data whenever 
practicable and, when available and appropriate, instead 
evaluate and utilize existing analysis of data on fish and 
wildlife populations prepared by States. The agencies should 
also reciprocally share data with State fish and wildlife 
managers to ensure the most complete data set for decision 
support systems.
    H.R. 2936 imposes no new requirements or burdens on USFS or 
BLM. It expands upon the successes of the Agriculture Act of 
2014 (Public Law 113-79) and the Healthy Forests Restoration 
Act of 2003 (Public Law 108-148) to create new and innovative 
tools federal land managers can implement immediately to 
quickly remove dead trees after wildfires, promote 
reforestation and post-fire rehabilitation, and reduce the 
threat of catastrophic wildfires, and insect and disease 
infestation to federal forests, watersheds and forest 
communities.

                            Committee Action

    H.R. 2936 was introduced on June 20, 2017, by Congressman 
Bruce Westerman (R-AR). The bill was primarily referred to the 
Committee on Agriculture and in addition to the Committees on 
Natural Resources, Education and the Workforce, and 
Transportation and Infrastructure. On June 22, 2017, the 
Natural Resources Committee met to consider the bill. 
Congressman Darren Soto (D-FL) offered an amendment designated 
021; it was adopted by voice vote. Congressman Darren Soto (D-
FL) offered an amendment designated 024; it was not agreed to 
by voice vote. Congressman Scott R. Tipton (R-CO) offered an 
amendment designated #1, it was agreed to by voice vote. 
Congressman A. Donald McEachin (D-VA) offered an amendment 
designated 007; it was not agreed to by a roll call vote of 11 
ayes and 22 nays, as follows:


    Congressman Raul M. Grijalva (D-AZ) offered an amendment 
designated 006; it was not agreed to by a roll call vote of 12 
ayes and 23 nays, as follows:


    Congresswoman Colleen Hanabusa (D-HI) offered an amendment 
designated 001; it was not agreed to by a roll call vote of 12 
ayes and 23 nays, as follows:


    Congresswoman Colleen Hanabusa (D-HI) offered and withdrew 
an amendment designated 003. Congresswoman Nanette Diaz 
Barragan (D-CA) offered and withdrew an amendment designated 
004. No further amendments were offered, and the bill, as 
amended, was ordered favorably reported to the House of 
Representatives by a roll call vote of 23 ayes and 12 nays on 
June 27, 2017, as follows:


            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation and the Congressional Budget Act of 
1974. With respect to the requirements of clause 3(c)(2) and 
(3) of rule XIII of the Rules of the House of Representatives 
and sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the enclosed cost estimate for 
the bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 8, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2936, the 
Resilient Federal Forests Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 2936--Resilient Federal Forests Act of 2017

    Summary: H.R. 2936 would increase the share of proceeds 
from timber sales that the Bureau of Land Management (BLM) pays 
to certain counties in Oregon. CBO estimates that enacting the 
bill would increase the amounts the federal government pays to 
certain counties in Oregon by $6 million over the 2019-2027 
period. Those payments are considered direct spending; 
therefore, pay-as-you-go procedures apply. Enacting the 
legislation would not affect revenues.
    The bill also would change the way the Forest Service 
conducts various activities related to forest management. 
Finally, the bill would exempt lawsuits challenging certain 
forest management activities from the Equal Access to Justice 
Act (EAJA). Based on information provided by the Forest 
Service, CBO estimates that implementing the bill would cost 
$10 million over the 2017-2022 period, assuming appropriation 
of the necessary amounts.
    CBO also estimates that enacting H.R. 2936 would not 
increase net direct spending or on-budget deficits by more than 
$5 billion in any of the four consecutive 10-year periods 
beginning in 2028.
    H.R. 2936 would impose intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act (UMRA) 
on plaintiffs, including public and private entities, that seek 
judicial review of some forest management projects on federal 
lands. CBO estimates that the cost of the mandate would fall 
below the annual thresholds established in UMRA for 
intergovernmental and private-sector mandates ($78 million and 
$156 million in 2017, respectively, adjusted annually for 
inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 2936 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2017   2018   2019   2020   2021   2022   2023   2024   2025   2026   2027  2017-2022  2017-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              INCREASES IN DIRECT SPENDING
 
Payments to Counties in Oregon:
    Estimated Budget Authority.......................      0      0      1      I      1      1      1      I      1      1      1         3          6
    Estimated Outlays................................      0      0      1      1      1      1      1      1      1      I      1         3          6
 
                                                     INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Administrative Costs:
    Estimated Authorization Level....................      0      2      2      2      2      2      2      2      2      2      2        20         20
    Estimated Outlays................................      0      2      2      2      2      2      2      2      2      2      2        20        20
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Amounts may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2936 will be enacted near the end of 2017 and that the 
necessary amounts will be appropriated for each fiscal year. 
Estimates of outlays are based on historical spending patterns 
for the affected programs.

Direct spending

    H.R. 2936 contains several provisions that would affect 
direct spending. The bill would increase the amount of payments 
that BLM makes to certain counties in Oregon, which CBO 
estimates would increase direct spending by $6 million over the 
2019-2027 period. Various other provisions also would affect 
net direct spending, but CBO estimates those effects would not 
be significant over the 2017-2027 period.
    Payments to Counties in Oregon. Under current law, BLM 
receives proceeds from timber sales that occur on lands 
administered by the agency. A portion of those proceeds is paid 
to the counties where those sales occurred. The remaining 
proceeds are deposited in the U.S. Treasury. Under H.R. 2936, 
the amount of proceeds that would be paid to counties from 
sales on about 385,000 acres of BLM lands would increase from 
four percent to 75 percent beginning in 2019 (Proceeds are 
disbursed the year after they are collected.) Based on 
information provided by BLM, CBO expects that the affected 
lands would generate proceeds totaling about $900,000 a year 
over the next 10 years, and we estimate that enacting the bill 
would increase payments to Oregon by about $640,000 a year 
(from $36,000 to $675,000) over the 2019-2027 period.
    Expedited Environmental Reviews and Salvage Operations. 
H.R. 2936 would expedite certain activities related to managing 
forests, including environmental assessments and harvesting of 
salvage timber after natural disasters or certain other events. 
Based on information provided by the Forest Service, CBO 
expects that enacting those provisions could affect the timing 
of certain salvage timber sales; however, we estimate that 
expediting those sales would have no significant net effect on 
offsetting receipts in any year.
    Stewardship Contracting. The bill would allow the Forest 
Service and BLM to determine the amount of appropriated funds 
they reserve to pay for the costs of canceling certain 
stewardship contracts. Under the Antideficiency Act, federal 
agencies cannot spend funds in excess of amounts specifically 
made available to the agency. Because, under the bill, the 
agencies might reserve insufficient funds to cover all the 
costs of canceled contracts, the legislation would effectively 
allow them to obligate sums greater than the appropriations 
they have available when they enter into the contracts--thus 
creating direct spending authority. However, the amount of 
funds set aside to cover cancellation costs for all multi-year 
stewardship contracts over the last 10 years averaged less than 
$200,000 a year, and no contracts were cancelled over that 
period. We expect the agencies to continue to administer the 
stewardship contracting program in a similar way in the future; 
therefore, CBO estimates that enacting this provision would 
have a negligible effect on direct spending.
    The legislation also would amend the Healthy Forests 
Restoration Act to allow proceeds from activities conducted 
under stewardship contracts to be spent for various purposes, 
including providing certain direct payments to counties. The 
Forest Service has the authority under current law to retain 
and spend those proceeds; therefore, CBO estimates that 
enacting those provisions would have no net effect on direct 
spending.
    Elimination of Certain Restrictions on Timber Harvesting. 
The bill would prohibit the Forest Service from enforcing 
provisions in existing land use plans that limit timber 
harvesting in certain areas to trees less than 21 inches in 
diameter. Because CBO expects that under the bill the Forest 
Service would shift certain timber sales from areas with low-
value timber to areas with higher-value timber, enacting this 
provision would probably increase offsetting receipts from 
timber sales relative to current law. However, based on 
information provided by the agency, CBO estimates that any 
increase in receipts would not be significant in any year.
    Lawsuits Related to Certain Activities Related to Forest 
Management. H.R. 2936 would exempt lawsuits related to certain 
forest management activities from EAJA, which requires the 
federal government to pay attorneys' fees for certain 
plaintiffs that prevail in lawsuits against the United States. 
Based on information from the Forest Service regarding the 
number of plaintiffs likely to be affected, CBO estimates that 
enacting those provisions would reduce direct spending by a 
negligible amount each year.

Spending subject to appropriation

    H.R. 2936 contains several provisions that could affect 
discretionary spending. The bill would prohibit the Forest 
Service from using amounts in the Knutson-Vandenberg Trust Fund 
(K-V Fund) to cover certain administrative costs and would make 
funds available, subject to appropriation, for forest 
management and firefighting activities. In total, CBO estimates 
that implementing the legislation would cost $10 million over 
the 2017-2022 period, assuming appropriation of the necessary 
amounts.
    Limit on the Use of Certain Funds for Administrative Costs. 
The K-V Fund consists of amounts generated by timber sales that 
can be retained and spent by the Forest Service to carry out 
activities related to forest management. The bill would 
prohibit the agency from using amounts in the K-V Fund to cover 
administrative costs for personnel working outside of ranger 
districts where those funds were generated. Under current law, 
the Forest Service spends, without annual appropriation, about 
$2 million a year from the K-V Fund for that purpose. If those 
amounts were no longer available for administrative purposes, 
CBO expects additional appropriations would be necessary to 
cover the cost of those activities. Based on information from 
the Forest Service, CBO expects this provision would not change 
total spending from the K-V Fund and thus have no effect on 
direct spending.
    State-supported Forest Management. H.R. 2936 would allow 
states to contribute money to a new federal fund and, subject 
to appropriation of those contributions, direct the Forest 
Service to use the funds to carry out certain activities 
related to managing forests. Any proceeds generated by those 
activities also would be deposited in the fund. CBO expects 
that states would not contribute to the fund until the Congress 
provided authority in future appropriations acts to spend 
amounts in the fund; therefore, we estimate that enacting this 
provision would not affect the federal budget.
    Arbitration Pilot Program. The bill would require the 
Secretary of Agriculture and the Secretary of the Interior to 
establish pilot programs to settle disputes over forest 
management activities through arbitration. Under the bill, each 
secretary would be allowed to use arbitration up to 10 times 
each year. Based on the small number of disputes that would be 
handled using arbitration, CBO estimates that implementing the 
pilot program would have no significant effect on the federal 
budget.
    Major Disaster Declarations for Wildfires. H.R. 2936 would 
authorize the Secretary of Agriculture and the Secretary of the 
Interior to declare a major disaster if the amounts available 
for fighting wildfires would not be sufficient to fund those 
operations for the entire fiscal year. If either secretary 
makes such a declaration, funds provided to a special account 
in an appropriations bill would be available to transfer to the 
affected agencies to supplement funding to fight wildfires. 
Because CBO assumes that the amounts provided to the affected 
agencies through appropriations would be sufficient to fund 
wildfire suppression activities each year, we estimate that 
enacting this provision would have no effect on the federal 
budget.
    Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table.

          CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 2936 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES ON JUNE 27, 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2017   2018   2019   2020   2021   2022   2023   2024   2025   2026   2027  2017-2022  2017-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact.......................      0      0      1      1      1      1      1      1      1      I      1         3          6
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 2936 
would impose intergovernmental and private-sector mandates as 
defined in UMRA because it would prohibit or restrict 
plaintiffs, including public and private entities, from seeking 
a preliminary injunction to temporarily stop activities, such 
as salvage logging, on federal lands. Consequently, the bill 
would eliminate a right of action for some entities to 
challenge proposed forest management projects. The cost of a 
mandate that eliminates a right of action would be the forgone 
income and value of awards in such cases. Because such losses 
would generally not occur for the types of cases involved, CBO 
estimates the mandate costs, if any, would fall below the 
annual thresholds established in UMRA for intergovernmental and 
private-sector mandates ($78 million and $156 million in 2017, 
respectively, adjusted annually for inflation).
    The bill would benefit public entities, such as state and 
local fire agencies, by authorizing federal grants and other 
forms of assistance to manage forests on federal and non-
federal lands. Any costs incurred by public entities, including 
cost-sharing contributions, would result from participation in 
voluntary federal programs.
    Estimate prepared by: Federal costs: Jeff LaFave, Impact on 
State, Local, and Tribal Governments: Jon Sperl; Impact on the 
Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Assistant Director for 
Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to expedite under the National 
Environmental Policy Act of 1969 and improve forest management 
activities on National Forest System lands, on public lands 
under the jurisdiction of the Bureau of Land Management, and on 
Tribal lands to return resilience to the overgrown, fire-prone 
forested lands.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of Rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. This bill contains 3 directed 
rulemakings. Section 902 of this bill directs the Secretary of 
the Interior and the Secretary of Commerce to revise section 
402.13 of title 50, Code of Federal Regulations. Section 903 of 
this bill directs the Secretary of Agriculture to revise 
sections 220.6(b) and 220.5(a)(2) of title 36, Code of Federal 
Regulations.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs. The bill does amend and 
improve a Secure Rural Schools and Community Self-Determination 
Act (SRS, Public Law 106-393) program that was identified in a 
2011 GAO report as a development program that had similar or 
overlapping objectives with other development programs. The 
bill's changes to the program will result in a more self-
sustained and effective program of forest management and 
community development under SRS.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000

           *       *       *       *       *       *       *



  TITLE I--SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL 
LAND

           *       *       *       *       *       *       *


SEC. 102. PAYMENTS TO STATES AND COUNTIES.

  (a) Payment Amounts.--Except as provided in section 103, the 
Secretary of the Treasury shall pay to--
          (1) a State or territory of the United States an 
        amount equal to the sum of the amounts elected under 
        subsection (b) by each county within the State or 
        territory for--
                  (A) if the county is eligible for the 25-
                percent payment, the share of the 25-percent 
                payment; or
                  (B) the share of the State payment of the 
                eligible county; and
          (2) a county an amount equal to the amount elected 
        under subsection (b) by each county for--
                  (A) if the county is eligible for the 50-
                percent payment, the 50-percent payment; or
                  (B) the county payment for the eligible 
                county.
  (b) Election To Receive Payment Amount.--
          (1) Election; submission of results.--
                  (A) In general.--The election to receive a 
                share of the State payment, the county payment, 
                a share of the State payment and the county 
                payment, a share of the 25-percent payment, the 
                50-percent payment, or a share of the 25-
                percent payment and the 50-percent payment, as 
                applicable, shall be made at the discretion of 
                each affected county by August 1, 2013 (or as 
                soon thereafter as the Secretary concerned 
                determines is practicable), and August 1 of 
                each second fiscal year thereafter, in 
                accordance with paragraph (2), and transmitted 
                to the Secretary concerned by the Governor of 
                each eligible State.
                  (B) Failure to transmit.--If an election for 
                an affected county is not transmitted to the 
                Secretary concerned by the date specified under 
                subparagraph (A), the affected county shall be 
                considered to have elected to receive a share 
                of the State payment, the county payment, or a 
                share of the State payment and the county 
                payment, as applicable.
                  (C) Effect of late payment for fiscal years 
                2014 and 2015.--The election otherwise required 
                by subparagraph (A) shall not apply for fiscal 
                year 2014 or 2015.
          (2) Duration of election.--
                  (A) In general.--A county election to receive 
                a share of the 25-percent payment or 50-percent 
                payment, as applicable, shall be effective for 
                2 fiscal years. If such two-fiscal year period 
                included fiscal year 2013, the county election 
                to receive a share of the 25-percent payment or 
                50-percent payment, as applicable, also shall 
                be effective for fiscal years 2014 and 2015.
                  (B) Full funding amount.--If a county elects 
                to receive a share of the State payment or the 
                county payment in 2013, the election shall be 
                effective for all subsequent fiscal years 
                through fiscal year 2015.
          (3) Source of payment amounts.--The payment to an 
        eligible State or eligible county under this section 
        for a fiscal year shall be derived from--
                  (A) any amounts that are appropriated to 
                carry out this Act;
                  (B) any revenues, fees, penalties, or 
                miscellaneous receipts, exclusive of deposits 
                to any relevant trust fund, special account, or 
                permanent operating funds, received by the 
                Federal Government from activities by the 
                Bureau of Land Management or the Forest Service 
                on the applicable Federal land; and
                  (C) to the extent of any shortfall, out of 
                any amounts in the Treasury of the United 
                States not otherwise appropriated.
  (c) Distribution and Expenditure of Payments.--
          (1) Distribution method.--A State that receives a 
        payment under subsection (a) for Federal land described 
        in section 3(7)(A) shall distribute the appropriate 
        payment amount among the appropriate counties in the 
        State in accordance with--
                  (A) the Act of May 23, 1908 (16 U.S.C. 500); 
                and
                  (B) section 13 of the Act of March 1, 1911 
                (36 Stat. 963; 16 U.S.C. 500).
          (2) Expenditure purposes.--Subject to subsection (d), 
        payments received by a State under subsection (a) and 
        distributed to counties in accordance with paragraph 
        (1) shall be expended as required by the laws referred 
        to in paragraph (1).
  (d) Expenditure Rules for Eligible Counties.--
          (1) Allocations.--
                  (A) Use of portion in same manner as 25-
                percent payment or 50-percent payment, as 
                applicable.--Except as provided in subparagraph 
                (D), if an eligible county elects to receive 
                its share of the State payment or the county 
                payment, not less than 80 percent, but not more 
                than 85 percent, of the funds shall be expended 
                in the same manner in which the 25-percent 
                payments or 50-percent payment, as applicable, 
                are required to be expended.
                  (B) Election as to use of balance.--Except as 
                provided in subparagraph (C), an eligible 
                county shall elect to do 1 or more of the 
                following with the balance of any funds not 
                expended pursuant to subparagraph (A):
                          (i) Reserve any portion of the 
                        balance for projects in accordance with 
                        title II.
                          (ii) Reserve not more than 7 percent 
                        of the total share for the eligible 
                        county of the State payment or the 
                        county payment for projects in 
                        accordance with title III.
                          (iii) Return the portion of the 
                        balance not reserved under clauses (i) 
                        and (ii) to the Treasury of the United 
                        States.
                  (C) Counties with modest distributions.--In 
                the case of each eligible county to which more 
                than $100,000, but less than $350,000, is 
                distributed for any fiscal year pursuant to 
                either or both of paragraphs (1)(B) and (2)(B) 
                of subsection (a), the eligible county, with 
                respect to the balance of any funds not 
                expended pursuant to subparagraph (A) for that 
                fiscal year, shall--
                          (i) reserve any portion of the 
                        balance for--
                                  (I) carrying out projects 
                                under title II;
                                  (II) carrying out projects 
                                under title III; or
                                  (III) a combination of the 
                                purposes described in 
                                subclauses (I) and (II); or
                          (ii) return the portion of the 
                        balance not reserved under clause (i) 
                        to the Treasury of the United States.
                  (D) Counties with minor distributions.--In 
                the case of each eligible county to which less 
                than $100,000 is distributed for any fiscal 
                year pursuant to either or both of paragraphs 
                (1)(B) and (2)(B) of subsection (a), the 
                eligible county may elect to expend all the 
                funds in the same manner in which the 25-
                percent payments or 50-percent payments, as 
                applicable, are required to be expended.
                  (E) Effect of late payment for fiscal year 
                2014.--The election made by an eligible county 
                under subparagraph (B), (C), or (D) for fiscal 
                year 2013, or deemed to be made by the county 
                under paragraph (3)(B) for that fiscal year, 
                shall be effective for fiscal years 2014 and 
                2015.
          (2) Distribution of funds.--
                  (A) In general.--Funds reserved by an 
                eligible county under subparagraph (B)(i) or 
                (C)(i) of paragraph (1) for carrying out 
                projects under title II shall be deposited in a 
                special account in the Treasury of the United 
                States.
                  (B) Availability.--Amounts deposited under 
                subparagraph (A) shall--
                          (i) be available for expenditure by 
                        the Secretary concerned, without 
                        further appropriation; and
                          (ii) remain available until expended 
                        in accordance with title II.
          (3) Election.--
                  (A) Notification.--The Governor of each 
                eligible State shall notify the Secretary 
                concerned of an election by an eligible county 
                under this subsection not later than September 
                30, 2012, and each September 30 thereafter for 
                each succeeding fiscal year.
                  (B) Failure to elect.--If the Governor of an 
                eligible State fails to notify the Secretary 
                concerned of the election for an eligible 
                county by the date specified in subparagraph 
                (A)--
                          (i) the eligible county shall be 
                        considered to have elected to expend 80 
                        percent of the funds in accordance with 
                        paragraph (1)(A); and
                          (ii) the remainder shall be available 
                        to the Secretary concerned to carry out 
                        projects in the eligible county to 
                        further the purpose described in 
                        section 202(b).
                  (C) Effect of late payment for fiscal year 
                2014.--This paragraph does not apply for fiscal 
                years 2014 and 2015.
  (e) Time for Payment.--The payments required under this 
section for a fiscal year shall be made as soon as practicable 
after the end of that fiscal year.
  (f) Treatment as Supplemental Funding.--None of the funds 
made available to a beneficiary county or other political 
subdivision of a State under this Act shall be used in lieu of 
or to otherwise offset State funding sources for local schools, 
facilities, or educational purposes.

           *       *       *       *       *       *       *


               TITLE II--SPECIAL PROJECTS ON FEDERAL LAND

SEC. 201. DEFINITIONS.

   In this title:
          (1) Participating county.--The term ``participating 
        county'' means an eligible county that elects under 
        section 102(d) to expend a portion of the Federal funds 
        received under section 102 in accordance with this 
        title.
          (2) Project funds.--The term ``project funds'' means 
        all funds an eligible county elects under section 
        102(d) to reserve for expenditure in accordance with 
        this title.
          (3) Resource advisory committee.--The term ``resource 
        advisory committee'' means--
                  (A) an advisory committee established by the 
                Secretary concerned (or applicable designee (as 
                defined in section 205(c)(6))) under section 
                205; or
                  (B) an advisory committee determined by the 
                Secretary concerned (or applicable designee (as 
                defined in section 205(c)(6))) to meet the 
                requirements of section 205.
          (4) Resource management plan.--The term ``resource 
        management plan'' means--
                  (A) a land use plan prepared by the Bureau of 
                Land Management for units of the Federal land 
                described in section 3(7)(B) 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 units 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).

           *       *       *       *       *       *       *


SEC. 204. EVALUATION AND APPROVAL OF PROJECTS BY SECRETARY CONCERNED.

  (a) Conditions for Approval of Proposed Project.--The 
Secretary concerned may make a decision to approve a project 
submitted by a resource advisory committee under section 203 
only if the proposed project satisfies each of the following 
conditions:
          (1) The project complies with all applicable Federal 
        laws (including regulations).
          (2) The project is consistent with the applicable 
        resource management plan and with any watershed or 
        subsequent plan developed pursuant to the resource 
        management plan and approved by the Secretary 
        concerned.
          (3) The project has been approved by the resource 
        advisory committee in accordance with section 205, 
        including the procedures issued under subsection (e) of 
        that section.
          (4) A project description has been submitted by the 
        resource advisory committee to the Secretary concerned 
        in accordance with section 203.
          (5) The project will improve the maintenance of 
        existing infrastructure, implement stewardship 
        objectives that enhance forest ecosystems, and restore 
        and improve land health and water quality.
  (b) Environmental Reviews.--
          (1) Request for payment by county.--The Secretary 
        concerned may request the resource advisory committee 
        submitting a proposed project to agree to the use of 
        project funds to pay for any environmental review, 
        consultation, or compliance with applicable 
        environmental laws required in connection with the 
        project.
          (2) Conduct of environmental review.--If a payment is 
        requested under paragraph (1) and the resource advisory 
        committee agrees to the expenditure of funds for this 
        purpose, the Secretary concerned shall conduct 
        environmental review, consultation, or other compliance 
        responsibilities in accordance with Federal laws 
        (including regulations).
          (3) Effect of refusal to pay.--
                  (A) In general.--If a resource advisory 
                committee does not agree to the expenditure of 
                funds under paragraph (1), the project shall be 
                deemed withdrawn from further consideration by 
                the Secretary concerned pursuant to this title.
                  (B) Effect of withdrawal.--A withdrawal under 
                subparagraph (A) shall be deemed to be a 
                rejection of the project for purposes of 
                section 207(c).
  (c) Decisions of Secretary Concerned.--
          (1) Rejection of projects.--
                  (A) In general.--A decision by the Secretary 
                concerned to reject a proposed project shall be 
                at the sole discretion of the Secretary 
                concerned.
                  (B) No administrative appeal or judicial 
                review.--Notwithstanding any other provision of 
                law, a decision by the Secretary concerned to 
                reject a proposed project shall not be subject 
                to administrative appeal or judicial review.
                  (C) Notice of rejection.--Not later than 30 
                days after the date on which the Secretary 
                concerned makes the rejection decision, the 
                Secretary concerned shall notify in writing the 
                resource advisory committee that submitted the 
                proposed project of the rejection and the 
                reasons for rejection.
          (2) Notice of project approval.--The Secretary 
        concerned shall publish in the Federal Register notice 
        of each project approved under subsection (a) if the 
        notice would be required had the project originated 
        with the Secretary.
  (d) Source and Conduct of Project.--Once the Secretary 
concerned accepts a project for review under section 203, the 
acceptance shall be deemed a Federal action for all purposes.
  (e) Implementation of Approved Projects.--
          (1) Cooperation.--Notwithstanding chapter 63 of title 
        31, United States Code, using project funds the 
        Secretary concerned may enter into contracts, grants, 
        and cooperative agreements with States and local 
        governments, private and nonprofit entities, and 
        landowners and other persons to assist the Secretary in 
        carrying out an approved project.
          (2) Best value contracting.--
                  (A) In general.--For any project involving a 
                contract authorized by paragraph (1) the 
                Secretary concerned may elect a source for 
                performance of the contract on a best value 
                basis.
                  (B) Factors.--The Secretary concerned shall 
                determine best value based on such factors as--
                          (i) the technical demands and 
                        complexity of the work to be done;
                          (ii)(I) the ecological objectives of 
                        the project; and
                          (II) the sensitivity of the resources 
                        being treated;
                          (iii) the past experience by the 
                        contractor with the type of work being 
                        done, using the type of equipment 
                        proposed for the project, and meeting 
                        or exceeding desired ecological 
                        conditions; and
                          (iv) the commitment of the contractor 
                        to hiring highly qualified workers and 
                        local residents.
          [(3) Merchantable timber contracting pilot program.--
                  [(A) Establishment.--The Secretary concerned 
                shall establish a pilot program to implement a 
                certain percentage of approved projects 
                involving the sale of merchantable timber using 
                separate contracts for--
                          [(i) the harvesting or collection of 
                        merchantable timber; and
                          [(ii) the sale of the timber.
                  [(B) Annual percentages.--Under the pilot 
                program, the Secretary concerned shall ensure 
                that, on a nationwide basis, not less than the 
                following percentage of all approved projects 
                involving the sale of merchantable timber are 
                implemented using separate contracts:
                          [(i) For fiscal year 2008, 35 
                        percent.
                          [(ii) For fiscal year 2009, 45 
                        percent.
                          [(iii) For fiscal year 2010 and 
                        fiscal years thereafter, 50 percent.
                  [(C) Inclusion in pilot program.--The 
                decision whether to use separate contracts to 
                implement a project involving the sale of 
                merchantable timber shall be made by the 
                Secretary concerned after the approval of the 
                project under this title.
                  [(D) Assistance.--
                          [(i) In general.--The Secretary 
                        concerned may use funds from any 
                        appropriated account available to the 
                        Secretary for the Federal land to 
                        assist in the administration of 
                        projects conducted under the pilot 
                        program.
                          [(ii) Maximum amount of assistance.--
                        The total amount obligated under this 
                        subparagraph may not exceed $1,000,000 
                        for any fiscal year during which the 
                        pilot program is in effect.
                  [(E) Review and report.--
                          [(i) Initial report.--Not later than 
                        September 30, 2010, the Comptroller 
                        General shall submit to the Committees 
                        on Agriculture, Nutrition, and Forestry 
                        and Energy and Natural Resources of the 
                        Senate and the Committees on 
                        Agriculture and Natural Resources of 
                        the House of Representatives a report 
                        assessing the pilot program.
                          [(ii) Annual report.--The Secretary 
                        concerned shall submit to the 
                        Committees on Agriculture, Nutrition, 
                        and Forestry and Energy and Natural 
                        Resources of the Senate and the 
                        Committees on Agriculture and Natural 
                        Resources of the House of 
                        Representatives an annual report 
                        describing the results of the pilot 
                        program.]
  [(f) Requirements for Project Funds.--The Secretary shall 
ensure that at least 50 percent of all project funds be used 
for projects that are primarily dedicated--
          [(1) to road maintenance, decommissioning, or 
        obliteration; or
          [(2) to restoration of streams and watersheds.]
  (f) Requirements for Project Funds.--
          (1) In general.--Subject to paragraph (2), the 
        Secretary concerned shall ensure that at least 50 
        percent of the project funds reserved by a 
        participating county under section 102(d) shall be 
        available only for projects that--
                  (A) include the sale of timber or other 
                forest products, reduce fire risks, or improve 
                water supplies; and
                  (B) implement stewardship objectives that 
                enhance forest ecosystems or restore and 
                improve land health and water quality.
          (2) Applicability.--The requirement in paragraph (1) 
        shall apply only to project funds reserved by a 
        participating county whose boundaries include Federal 
        land that the Secretary concerned determines has been 
        subject to a timber or other forest products program 
        within 5 fiscal years before the fiscal year in which 
        the funds are reserved.

SEC. 205. RESOURCE ADVISORY COMMITTEES.

  (a) Establishment and Purpose of Resource Advisory 
Committees.--
          (1) Establishment.--The Secretary concerned (or 
        applicable designee) shall establish and maintain 
        resource advisory committees to perform the duties in 
        subsection (b), except as provided in paragraph (4).
          (2) Purpose.--The purpose of a resource advisory 
        committee shall be--
                  (A) to improve collaborative relationships; 
                and
                  (B) to provide advice and recommendations to 
                the land management agencies consistent with 
                the purposes of this title.
          (3) Access to resource advisory committees.--To 
        ensure that each unit of Federal land has access to a 
        resource advisory committee, and that there is 
        sufficient interest in participation on a committee to 
        ensure that membership can be balanced in terms of the 
        points of view represented and the functions to be 
        performed, the Secretary concerned (or applicable 
        designee) may, establish resource advisory committees 
        for part of, or 1 or more, units of Federal land.
          (4) Existing advisory committees.--
                  (A) In general.--An advisory committee that 
                meets the requirements of this section, a 
                resource advisory committee established before 
                September 29, [2012] 2022, or an advisory 
                committee determined by the Secretary concerned 
                (or applicable designee) before September 29, 
                [2012] 2022, to meet the requirements of this 
                section may be deemed by the Secretary 
                concerned (or applicable designee) to be a 
                resource advisory committee for the purposes of 
                this title.
                  (B) Charter.--A charter for a committee 
                described in subparagraph (A) that was filed on 
                or before September 29, [2012] 2022, shall be 
                considered to be filed for purposes of this 
                Act.
                  (C) Bureau of land management advisory 
                committees.--The Secretary of the Interior may 
                deem a resource advisory committee meeting the 
                requirements of subpart 1784 of part 1780 of 
                title 43, Code of Federal Regulations, as a 
                resource advisory committee for the purposes of 
                this title.
  (b) Duties.--A resource advisory committee shall--
          (1) review projects proposed under this title by 
        participating counties and other persons;
          (2) propose projects and funding to the Secretary 
        concerned under section 203;
          (3) provide early and continuous coordination with 
        appropriate land management agency officials in 
        recommending projects consistent with purposes of this 
        Act under this title;
          (4) provide frequent opportunities for citizens, 
        organizations, tribes, land management agencies, and 
        other interested parties to participate openly and 
        meaningfully, beginning at the early stages of the 
        project development process under this title;
          (5)(A) monitor projects that have been approved under 
        section 204; and
          (B) advise the designated Federal official on the 
        progress of the monitoring efforts under subparagraph 
        (A); and
          (6) make recommendations to the Secretary concerned 
        (or applicable designee) for any appropriate changes or 
        adjustments to the projects being monitored by the 
        resource advisory committee.
  (c) Appointment by the Secretary or Applicable Designee.--
          (1) Appointment and term.--
                  (A) In general.--The Secretary concerned (or 
                applicable designee), shall appoint the members 
                of resource advisory committees for a term of 4 
                years beginning on the date of appointment.
                  (B) Reappointment.--The Secretary concerned 
                (or applicable designee) may reappoint members 
                to subsequent 4-year terms.
          (2) Basic requirements.--The Secretary concerned (or 
        applicable designee) shall ensure that each resource 
        advisory committee established meets the requirements 
        of subsection (d).
          (3) Initial appointment.--Not later than 180 days 
        after the date of the enactment of this Act, the 
        Secretary concerned shall make initial appointments to 
        the resource advisory committees.
          (4) Vacancies.--The Secretary concerned (or 
        applicable designee) shall make appointments to fill 
        vacancies on any resource advisory committee as soon as 
        practicable after the vacancy has occurred.
          (5) Compensation.--Members of the resource advisory 
        committees shall not receive any compensation.
          (6) Applicable designee.--In this section, the term 
        ``applicable designee'' means--
                  (A) with respect to Federal land described in 
                section 3(7)(A), the applicable Regional 
                Forester; and
                  (B) with respect to Federal land described in 
                section 3(7)(B), the applicable Bureau of Land 
                Management State Director.
  (d) Composition of Advisory Committee.--
          (1) Number.--Each resource advisory committee shall 
        be comprised of [15 members] 9 members.
          (2) Community interests represented.--Committee 
        members shall be representative of the interests of the 
        following 3 categories:
                  (A) [5 persons] 3 persons that--
                          (i) represent organized labor or non-
                        timber forest product harvester groups;
                          (ii) represent developed outdoor 
                        recreation, off highway vehicle users, 
                        or commercial recreation activities;
                          (iii) represent--
                                  (I) energy and mineral 
                                development interests; or
                                  (II) commercial or 
                                recreational fishing interests;
                          (iv) represent the commercial timber 
                        industry; or
                          (v) hold Federal grazing or other 
                        land use permits, or represent 
                        nonindustrial private forest land 
                        owners, within the area for which the 
                        committee is organized.
                  (B) [5 persons] 3 persons that represent--
                          (i) nationally recognized 
                        environmental organizations;
                          (ii) regionally or locally recognized 
                        environmental organizations;
                          (iii) dispersed recreational 
                        activities;
                          (iv) archaeological and historical 
                        interests; or
                          (v) nationally or regionally 
                        recognized wild horse and burro 
                        interest groups, wildlife or hunting 
                        organizations, or watershed 
                        associations.
                  (C) [5 persons] 3 persons that--
                          (i) hold State elected office (or a 
                        designee);
                          (ii) hold county or local elected 
                        office;
                          (iii) represent American Indian 
                        tribes within or adjacent to the area 
                        for which the committee is organized;
                          (iv) are school officials or 
                        teachers; or
                          (v) represent the affected public at 
                        large.
          (3) Balanced representation.--In appointing committee 
        members from the 3 categories in paragraph (2), the 
        Secretary concerned (or applicable designee) shall 
        provide for balanced and broad representation from 
        within each category, consistent with the requirements 
        of paragraph (4).
          [(4) Geographic distribution.--The members of a 
        resource advisory committee shall reside within the 
        State in which the committee has jurisdiction and, to 
        extent practicable, the Secretary concerned shall 
        ensure local representation in each category in 
        paragraph (2).]
          (4) Geographic distribution.--The members of a 
        resource advisory committee shall reside within the 
        county or counties in which the committee has 
        jurisdiction or an adjacent county.
          (5) Chairperson.--A majority on each resource 
        advisory committee shall select the chairperson of the 
        committee.
  (e) Approval Procedures.--
          (1) In general.--Subject to paragraph (3), each 
        resource advisory committee shall establish procedures 
        for proposing projects to the Secretary concerned under 
        this title.
          (2) Quorum.--A quorum must be present to constitute 
        an official meeting of the committee.
          (3) Approval by majority of members.--A project may 
        be proposed by a resource advisory committee to the 
        Secretary concerned under section 203(a), if the 
        project has been approved by a majority of members of 
        the committee from each of the 3 categories in 
        subsection (d)(2).
  (f) Other Committee Authorities and Requirements.--
          (1) Staff assistance.--A resource advisory committee 
        may submit to the Secretary concerned (or applicable 
        designee) a request for periodic staff assistance from 
        Federal employees under the jurisdiction of the 
        Secretary (or applicable designee).
          (2) Meetings.--All meetings of a resource advisory 
        committee shall be announced at least 1 week in advance 
        in a local newspaper of record and shall be open to the 
        public.
          (3) Records.--A resource advisory committee shall 
        maintain records of the meetings of the committee and 
        make the records available for public inspection.

           *       *       *       *       *       *       *


SEC. 209. PROGRAM FOR SELF-SUSTAINING RESOURCE ADVISORY COMMITTEE 
                    PROJECTS.

  (a) RAC Program.--The Chief of the Forest Service shall 
conduct a program (to be known as the ``self-sustaining 
resource advisory committee program'' or ``RAC program'') under 
which 10 resource advisory committees will propose projects 
authorized by subsection (c) to be carried out using project 
funds reserved by a participating county under section 102(d).
  (b) Selection of Participating Resource Advisory 
Committees.--The selection of resource advisory committees to 
participate in the RAC program is in the sole discretion of the 
Chief of the Forest Service.
  (c) Authorized Projects.--Notwithstanding the project 
purposes specified in sections 202(b), 203(c), and 204(a)(5), 
projects under the RAC program are intended to--
          (1) accomplish forest management objectives or 
        support community development; and
          (2) generate receipts.
  (d) Deposit and Availability of Revenues.--Any revenue 
generated by a project conducted under the RAC program, 
including any interest accrued from the revenues, shall be--
          (1) deposited in the special account in the Treasury 
        established under section 102(d)(2)(A); and
          (2) available, in such amounts as may be provided in 
        advance in appropriation Acts, for additional projects 
        under the RAC program.
  (e) Termination of Authority.--
          (1) In general.--The authority to initiate a project 
        under the RAC program shall terminate on September 30, 
        2022.
          (2) Deposits in treasury.--Any funds available for 
        projects under the RAC program and not obligated by 
        September 30, 2023, shall be deposited in the Treasury 
        of the United States.

TITLE III--COUNTY FUNDS

           *       *       *       *       *       *       *


SEC. 302. USE.

  (a) Authorized Uses.--A participating county, including any 
applicable agencies of the participating county, shall use 
county funds, in accordance with this title, only--
          (1) to carry out activities under the Firewise 
        Communities program to provide to homeowners in fire-
        sensitive ecosystems education on, and assistance with 
        implementing, techniques in home siting, home 
        construction, and home landscaping that can increase 
        the protection of people and property from wildfires;
          (2) to reimburse the participating county for search 
        and rescue and other emergency services, including 
        firefighting and law enforcement patrols, that are--
                  (A) performed on Federal land after the date 
                on which the use was approved under subsection 
                (b); and
                  (B) paid for by the participating county; 
                [and]
          (3) to cover training costs and equipment purchases 
        directly related to the emergency services described in 
        paragraph (2); and
          [(3)] (4) to develop and carry out community wildfire 
        protection plans in coordination with the appropriate 
        Secretary concerned.
  (b) Proposals.--A participating county shall use county funds 
for a use described in subsection (a) only after a 45-day 
public comment period, at the beginning of which the 
participating county shall--
          (1) publish in any publications of local record a 
        proposal that describes the proposed use of the county 
        funds; and
          (2) submit the proposal to any resource advisory 
        committee established under section 205 for the 
        participating county.

           *       *       *       *       *       *       *


TITLE IV--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


SEC. 403. TREATMENT OF FUNDS AND REVENUES.

  (a) Relation to Other Appropriations.--Funds made available 
under section 402 and funds made available to a Secretary 
concerned under section 206 shall be in addition to any other 
annual appropriations for the Forest Service and the Bureau of 
Land Management.
  (b) Deposit of Revenues and Other Funds.--[All revenues] 
Except as provided in section 209, all revenues generated from 
projects pursuant to title II, including any interest accrued 
from the revenues, shall be deposited in the Treasury of the 
United States.

           *       *       *       *       *       *       *

                              ----------                              


HEALTHY FORESTS RESTORATION ACT OF 2003

           *       *       *       *       *       *       *



TITLE VI--MISCELLANEOUS

           *       *       *       *       *       *       *


SEC. 603. ADMINISTRATIVE REVIEW.

  (a) In General.--Except as provided in subsection (d), a 
project described in subsection (b) that is conducted in 
accordance with section 602(d) may be--
          (1) considered an action categorically excluded from 
        the requirements of Public Law 91-190 (42 U.S.C. 4321 
        et seq.); and
          (2) exempt from the special administrative review 
        process under section 105.
  (b) Collaborative Restoration Project.--
          (1) In general.--A project referred to in subsection 
        (a) 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 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 that--
                          (i) includes multiple interested 
                        persons representing diverse interests; 
                        and
                          (ii)(I) is transparent and 
                        nonexclusive; or
                          (II) meets the requirements for a 
                        resource advisory committee under 
                        subsections (c) through (f) of section 
                        205 of the Secure Rural Schools and 
                        Community Self-Determination Act of 
                        2000 (16 U.S.C. 7125).
          (2) Inclusion.--A project under this subsection may 
        carry out part of a proposal that complies with the 
        eligibility requirements of the Collaborative Forest 
        Landscape Restoration Program under section 4003(b) of 
        the Omnibus Public Land Management Act of 2009 (16 
        U.S.C. 7303(b)).
  (c) Limitations.--
          (1) Project size.--A project under this section may 
        not exceed 3000 acres.
          (2) Location.--A project under this section shall be 
        limited to areas--
                  (A) in the wildland-urban interface; or
                  (B) Condition Classes 2 or 3 in [Fire Regime 
                Groups I, II, or III] Fire Regime I, Fire 
                Regime II, Fire Regime III, Fire Regime IV, or 
                Fire Regime V, outside the wildland-urban 
                interface.
          (3) Roads.--
                  (A) Permanent roads.--
                          (i) Prohibition on establishment.--A 
                        project under this section shall not 
                        include the establishment of permanent 
                        roads.
                          (ii) Existing roads.--The Secretary 
                        may carry out necessary maintenance and 
                        repairs on existing permanent roads for 
                        the purposes of this section.
                  (B) Temporary roads.--The Secretary 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.
  (d) 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 is 
        restricted or prohibited;
          (3) a congressionally designated wilderness study 
        area; or
          (4) an area in which activities under subsection (a) 
        would be inconsistent with the applicable land and 
        resource management plan.
  (e) Forest Management Plans.--All projects and activities 
carried out under this section shall be consistent with the 
land and resource management plan established under section 6 
of the Forest and Rangeland Renewable Resources Planning Act of 
1974 (16 U.S.C. 1604) for the unit of the National Forest 
System containing the projects and activities.
  (f) Public Notice and Scoping.--The Secretary shall conduct 
public notice and scoping for any project or action proposed in 
accordance with this section.
  (g) Accountability.--
          (1) In general.--The Secretary shall prepare an 
        annual report on the use of categorical exclusions 
        under this section that includes a description of all 
        acres (or other appropriate unit) treated through 
        projects carried out under this section.
          (2) Submission.--Not later than 1 year after the date 
        of enactment of this section, and each year thereafter, 
        the Secretary shall submit the reports required under 
        paragraph (1) to--
                  (A) the Committee on Agriculture, Nutrition, 
                and Forestry of the Senate;
                  (B) the Committee on Environment and Public 
                Works of the Senate;
                  (C) the Committee on Agriculture of the House 
                of Representatives;
                  (D) the Committee on Natural Resources of the 
                House of Representatives; and
                  (E) the Government Accountability Office.

SEC. 604. STEWARDSHIP END RESULT CONTRACTING PROJECTS.

  (a) Definitions.--In this section:
          (1) Chief.--The term ``Chief'' means the Chief of the 
        Forest Service.
          (2) Director.--The term ``Director'' means the 
        Director of the Bureau of Land Management.
  (b) Projects.--The Chief and the Director, via agreement or 
contract as appropriate, may enter into stewardship contracting 
projects with private persons or other public or private 
entities to perform services to achieve land management goals 
for the national forests and the public lands that meet local 
and rural community needs.
  (c) Land Management Goals.--The land management goals of a 
project under subsection (b) may include any of the following:
          (1) Road and trail maintenance or obliteration to 
        restore or maintain water quality.
          (2) Soil productivity, habitat for wildlife and 
        fisheries, or other resource values.
          (3) Setting of prescribed fires to improve the 
        composition, structure, condition, and health of stands 
        or to improve wildlife habitat.
          (4) Removing vegetation or other activities to 
        promote healthy forest stands, reduce fire hazards, or 
        achieve other land management objectives.
          (5) Watershed restoration and maintenance.
          (6) Restoration and maintenance of wildlife and fish.
          (7) Control of noxious and exotic weeds and 
        reestablishing native plant species.
  (d) Agreements or Contracts.--
          (1) Procurement procedure.--A source for performance 
        of an agreement or contract under subsection (b) shall 
        be selected on a best-value basis, including 
        consideration of source under other public and private 
        agreements or contracts.
          (2) Contract for sale of property.--A contract 
        entered into under this section may, at the discretion 
        of the Secretary of Agriculture, be considered a 
        contract for the sale of property under such terms as 
        the Secretary may prescribe without regard to any other 
        provision of law.
          (3) Term.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the Chief and the Director 
                may enter into a contract under subsection (b) 
                in accordance with section 3903 of title 41, 
                United States Code.
                  (B) Maximum.--The period of the contract 
                under subsection (b) may exceed 5 years but may 
                not exceed [10 years] 20 years.
          (4) Offsets.--
                  (A) In general.--The Chief and the Director 
                may apply the value of timber or other forest 
                products removed as an offset against the cost 
                of services received under the agreement or 
                contract described in subsection (b).
                  (B) Methods of appraisal.--The value of 
                timber or other forest products used as an 
                offset under subparagraph (A)--
                          (i) shall be determined using 
                        appropriate methods of appraisal 
                        commensurate with the quantity of 
                        products to be removed; and
                          (ii) may--
                                  (I) be determined using a 
                                unit of measure appropriate to 
                                the contracts; and
                                  (II) may include valuing 
                                products on a per-acre basis.
          (5) Relation to other laws.--Notwithstanding 
        subsections (d) and (g) of section 14 of the National 
        Forest Management Act of 1976 (16 U.S.C. 472a)[, the 
        Chief may] and section 2(a)(1) of the Act of July 31, 
        1947 (commonly known as the Materials Act of 1947; 30 
        U.S.C. 602(a)(1)), the Chief and the Director may enter 
        into an agreement or contract under subsection (b). 
        [Notwithstanding the Materials Act of 1947 (30 U.S.C. 
        602(a)),the Director may enter into an agreement or 
        contract undersubsection (b).]
          (6) Contracting officer.--Notwithstanding any other 
        provision of law, the Secretary or the Secretary of the 
        Interior may determine the appropriate contracting 
        officer to enter into and administer an agreement or 
        contract under subsection (b).
          (7) Fire liability provisions.--Not later than 90 
        days after the date of enactment of this section, the 
        Chief shall issue for use in all contracts and 
        agreements under this section fire liability provisions 
        that are in substantially the same form as the fire 
        liability provisions contained in--
                  (A) integrated resource timber contracts, as 
                described in the Forest Service contract 
                numbered 2400-13, part H, section H.4; and
                  (B) timber sale contracts conducted pursuant 
                to section 14 of the National Forest Management 
                Act of 1976 (16 U.S.C. 472a).
          (8) Modification.--Upon the request of the 
        contractor, a contract or agreement under this section 
        awarded before February 7, 2014, shall be modified by 
        the Chief or Director to include the fire liability 
        provisions described in paragraph (7).
  (e) Receipts.--
          (1) In general.--The Chief and the Director may 
        collect monies from an agreement or contract under 
        subsection (b) if the collection is a secondary 
        objective of negotiating the contract that will best 
        achieve the purposes of this section.
          (2) Use.--Monies from an agreement or contract under 
        subsection (b)--
                  (A) may be retained by the Chief and the 
                Director; and
                  (B) subject to paragraph (3)(A), shall be 
                available for expenditure without further 
                [appropriation at the project site from which 
                the monies are collected or at another project 
                site.] appropriation--
                          (i) at the project site from which 
                        the monies are collected or at another 
                        project site; and
                          (ii) to cover not more than 25 
                        percent of the cost of planning 
                        additional stewardship contracting 
                        projects.
          (3) Relation to other laws.--
                  (A) In general.--Notwithstanding any other 
                provision of law, the value of [services 
                received by the Chief or the Director under a 
                stewardship contract project conducted under 
                this section, and any payments made or 
                resources provided by the contractor, Chief, or 
                Director shall not be considered monies 
                received from the National Forest System or the 
                public lands.] services and in-kind resources 
                received by the Chief or the Director under a 
                stewardship contract project conducted under 
                this section shall not be considered monies 
                received from the National Forest System or the 
                public lands, but any payments made by the 
                contractor to the Chief or Director under the 
                project shall be considered monies received 
                from the National Forest System or the public 
                lands.
                  (B) Knutson-vanderberg Act.--The Act of June 
                9, 1930 (commonly known as the ``Knutson-
                Vanderberg Act'') (16 U.S.C. 576 et seq.) shall 
                not apply to any agreement or contract under 
                subsection (b).
  (f) Costs of Removal.--Notwithstanding the fact that a 
contractor did not harvest the timber, the Chief may collect 
deposits from a contractor covering the costs of removal of 
timber or other forest products under--
          (1) the Act of August 11, 1916 (16 U.S.C. 490); and
          (2) the Act of June 30, 1914 (16 U.S.C. 498).
  (g) Performance and Payment Guarantees.--
          (1) In general.--The Chief and the Director may 
        require performance and payment bonds under sections 
        28.103-2 and 28.103-3 of the Federal Acquisition 
        Regulation, in an amount that the contracting officer 
        considers sufficient to protect the investment in 
        receipts by the Federal Government generated by the 
        contractor from the estimated value of the forest 
        products to be removed under a contract under 
        subsection (b).
          (2) Excess offset value.--If the offset value of the 
        forest products exceeds the value of the resource 
        improvement treatments, the Chief and the Director 
        may--
                  [(A) collect any residual receipts under the 
                Act of June 9, 1930 (commonly known as the 
                ``Knutson-Vanderberg Act'') (16 U.S.C. 576 et 
                seq.); and
                  [(B) apply the excess to other authorized 
                stewardship projects.]
                  (A) use the excess to satisfy any outstanding 
                liabilities for cancelled agreements or 
                contracts; or
                  (B) if there are no outstanding liabilities 
                under subparagraph (A), apply the excess to 
                other authorized stewardship projects.
  (h) Cancellation Ceilings.--
          (1) In general.--Notwithstanding section 3903(b)(1) 
        of title 41, United States Code, the Chief and the 
        Director may obligate funds in stages that are 
        economically or programmatically viable to cover any 
        potential cancellation or termination costs for an 
        agreement or contract under subsection (b) in stages 
        that are economically or programmatically viable.
          (2) Advance notice to congress of cancellation 
        ceiling in excess of $25 million.--Not later than 30 
        days before entering into a multiyear agreement or 
        contract under subsection (b) that includes a 
        cancellation ceiling in excess of $25 million, but does 
        not include proposed funding for the costs of 
        cancelling the agreement or contract up to such 
        cancellation ceiling, the Chief or the Director, as the 
        case may be, shall submit to the Committee on Energy 
        and Natural Resources and the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate and the Committee 
        on Natural Resources and the Committee on Agriculture 
        of the House of Representatives a written notice that 
        includes--
                  (A) the cancellation ceiling amounts proposed 
                for each program year in the agreement or 
                contract;
                  (B) the reasons why such cancellation ceiling 
                amounts were selected;
                  (C) the extent to which the costs of contract 
                cancellation are not included in the budget for 
                the agreement or contract; and
                  (D) an assessment of the financial risk of 
                not including budgeting for the costs of 
                agreement or contract cancellation.
          (3) Transmittal of notice to omb.--Not later than 14 
        days after the date on which written notice is provided 
        under paragraph (2) with respect to an agreement or 
        contract under subsection (b), the Chief or the 
        Director, as the case may be, shall transmit a copy of 
        the notice to the Director of the Office of Management 
        and Budget.
  [(h)] (i) Monitoring and Evaluation.--
          (1) In general.--The Chief and the Director shall 
        establish a multiparty monitoring and evaluation 
        process that accesses the stewardship contracting 
        projects conducted under this section.
          (2) Participants.--Other than the Chief and Director, 
        participants in the process described in paragraph (1) 
        may include--
                  (A) any cooperating governmental agencies, 
                including tribal governments; and
                  (B) any other interested groups or 
                individuals.
  [(i)] (j) Reporting.--Not later than 1 year after the date of 
enactment of this section, and annually thereafter, the Chief 
and the Director shall [report to the Committee on Agriculture, 
Nutrition, and Forestry of the Senate and the Committee on 
Agriculture of the House of Representatives] submit to the 
congressional committees specified in subsection (h)(2) a 
report on--
          (1) the status of development, execution, and 
        administration of agreements or contracts under 
        subsection (b);
          (2) the specific accomplishments that have resulted; 
        and
          (3) the role of local communities in the development 
        of agreements or contract plans.
                              ----------                              


NATIONAL FOREST MANAGEMENT ACT OF 1976

           *       *       *       *       *       *       *



              timber sales on national forest system lands

  Sec. 14. (a) For the purpose of achieving the policies set 
forth in the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 
215; 16 U.S.C. 528-531) and the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (88 Stat. 476; 16 U.S.C. 1601-
1610), the Secretary of Agriculture, under such rules and 
regulations as he may prescribe, may sell, at not less than 
appraised value, trees, portions of trees, or forest products 
located on National Forest System lands.
  (b) All advertised timber sales shall be designated on maps, 
and a prospectus shall be available to the public and 
interested potential bidders.
  (c) The length and other terms of the contract shall be 
designed to promote orderly harvesting consistent with the 
principles set out in section 6 of the Forest and Rangeland 
Renewable Resources Planning Act of 1974, as amended. Unless 
there is a finding by the Secretary of Agriculture that better 
utilization of the various forest resources (consistent with 
the provisions of the Multiple-Use Sustained-Yield Act of 1960) 
will result, sales contracts shall be for a period not to 
exceed [ten years] 20 years: Provided, That such period may be 
adjusted at the discretion of the Secretary to provide 
additional time due to time delays caused by an act of an agent 
of the United States or by other circumstances beyond the 
control of the purchaser. The Secretary shall require the 
purchaser to file as soon as practicable after execution of a 
contract for any advertised sale with a term of two years or 
more, a plan of operation, which shall be subject to 
concurrence by the Secretary. The Secretary shall not extend 
any contract period with an original term of two years or more 
unless he finds (A) that the purchaser has diligently performed 
in accordance with an approved plan of operation or (B) that 
the substantial overriding public interest justifies the 
extension.
  (d) The Secretary of Agriculture shall advertise all sales 
unless he determines that extraordinary conditions exist, as 
defined by regulation, or that the appraised value of the sale 
is less than $10,000. If, upon proper offering, no satisfactory 
bid is received for a sale, or the bidder fails to complete the 
purchase, the sale may be offered and sold without further 
advertisement.
  (e)(1) In the sale of trees, portions of trees, or forest 
products from National Forest System lands (hereinafter 
referred to in this subsection as ``national forest 
materials''), the Secretary of Agriculture shall select the 
bidding method or methods which--
          (A) insure open and fair competition;
          (B) insure that the Federal Government receive not 
        less than the appraised value as required by subsection 
        (a) of this section;
          (C) consider the economic stability of communities 
        whose economies are dependent on such national forest 
        materials, or achieve such other objectives as the 
        Secretary deems necessary; and
          (D) are consistent with the objectives of this Act 
        and other Federal statutes.
The Secretary shall select or alter the bidding method or 
methods as he determines necessary to achieve the objectives 
stated in clauses (A), (B), (C), and (D) of this paragraph.
  (2) In those instances when the Secretary selects oral 
auction as the bidding method for the sale of any national 
forest materials, he shall require that all prospective 
purchasers submit written sealed qualifying bids. Only 
prospective purchasers whose written sealed qualifying bids are 
equal to or in excess of the appraised value of such national 
forest materials may participate in the oral bidding process.
  (3) The Secretary shall monitor bidding patterns involved in 
the sale of national forest materials. If the Secretary has a 
reasonable belief that collusive bidding practices may be 
occurring, then--
          (A) he shall report any such instances of possible 
        collusive bidding or suspected collusive bidding 
        practices to the Attorney General of the United States 
        with any and all supporting data;
          (B) he may alter the bidding methods used within the 
        affected area; and
          (C) he shall take such other action as he deems 
        necessary to eliminate such practices within the 
        affected area.
  (f) The Secretary of Agriculture, under such rules and 
regulations as he may prescribe, is authorized to dispose of, 
by sale or otherwise, trees, portions of trees, or other forest 
products related to research and demonstration projects.
  (g) Designation and Supervision of Harvesting.--
          (1) In general.--Designation, including marking when 
        necessary, designation by description, or designation 
        by prescription, and supervision of harvesting of 
        trees, portions of trees, or forest products shall be 
        conducted by persons employed by the Secretary of 
        Agriculture.
          (2) Requirement.--Persons employed by the Secretary 
        of Agriculture under paragraph (1)--
                  (A) shall have no personal interest in the 
                purchase or harvest of the products; and
                  (B) shall not be directly or indirectly in 
                the employment of the purchaser of the 
                products.
          (3) Methods for designation.--Designation by 
        prescription and designation by description shall be 
        considered valid methods for designation, and may be 
        supervised by use of post-harvest cruise, sample weight 
        scaling, or other methods determined by the Secretary 
        of Agriculture to be appropriate.
  (h) The Secretary of Agriculture shall develop utilization 
standards methods of measurement, and harvesting practices for 
the removal of trees, portions of trees, or forest products to 
provide for the optimum practical use of the wood material. 
Such standards, methods, and practices shall reflect 
consideration of opportunities to promote more effective wood 
utilization, regional conditions, and species characteristics 
and shall be compatible with multiple use resource management 
objectives in the affected area. To accomplish the purpose of 
this subsection in situations involving salvage of insect-
infested, dead, damaged, or down timber, and to remove 
associated trees for stand improvement, the Secretary is 
authorized to require the purchasers of such timber to make 
monetary deposits, as a part of the payment for the timber, to 
be deposited in a designated fund from which sums are to be 
used, to cover the cost to the United States for design, 
engineering, and supervision of the construction of needed 
roads and the cost for Forest Service sale preparation and 
supervision of the harvesting of such timber. Deposits of money 
pursuant to this subsection are to be available until expended 
to cover the cost to the United States of accomplishing the 
purposes for which deposited: Provided, That such deposits 
shall not be considered as moneys received from the national 
forests within the meaning of sections 500 and 501 of title 16, 
United States Code: And provided further, That sums found to be 
in excess of the cost of accomplishing the purposes for which 
deposited on any national forest shall be transferred to 
miscellaneous receipts in the Treasury of the United States.
  (i)(1) For sales of timber which include a provision for 
purchaser credit for construction of permanent roads with an 
estimated cost in excess of $20,000, the Secretary of 
Agriculture shall promulgate regulations requiring that the 
notice of sale afford timber purchasers qualifying as ``small 
business concerns'' under the Small Business Act, as amended, 
and the regulations issued thereunder, an estimate of the cost 
and the right, when submitting a bid, to elect that the 
Secretary build the proposed road.
  (2) If the purchaser makes such an election, the price 
subsequently paid for the timber shall include all of the 
estimated cost of the road. In the notice of sale, the 
Secretary of Agriculture shall set a date when such road shall 
be completed which shall be applicable to either construction 
by the purchaser or the Secretary, depending on the election. 
To accomplish requested work, the Secretary is authorized to 
use from any receipts from the sale of timber a sum equal to 
the estimate for timber purchaser credits, and such additional 
sums as may be appropriated for the construction of roads, such 
funds to be available until expended, to construct a road that 
meets the standards specified in the notice of sale.
  (3) The provisions of this subsection shall become effective 
on October 1, 1976.

           *       *       *       *       *       *       *

                              ----------                              


     SECTION 4003 OF THE OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009


SEC. 4003. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.

  (a) In general.--The Secretary, in consultation with the 
Secretary of the Interior, shall establish a Collaborative 
Forest Landscape Restoration Program to select and fund 
ecological restoration treatments for priority forest 
landscapes in accordance with--
          (1) the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.);
          (2) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.); and
          (3) any other applicable law.
  (b) Eligibility Criteria.--To be eligible for nomination 
under subsection (c), a collaborative forest landscape 
restoration proposal shall--
          (1) be based on a landscape restoration strategy 
        that--
                  (A) is complete or substantially complete;
                  (B) identifies and prioritizes ecological 
                restoration treatments for a 10-year period 
                within a landscape that is--
                          (i) at least 50,000 acres;
                          (ii) comprised primarily of forested 
                        National Forest System land, but may 
                        also include land under the 
                        jurisdiction of the Bureau of Land 
                        Management, land under the jurisdiction 
                        of the Bureau of Indian Affairs, or 
                        other Federal, State, tribal, or 
                        private land;
                          (iii) in need of active ecosystem 
                        restoration; and
                          (iv) accessible by existing or 
                        proposed wood-processing infrastructure 
                        at an appropriate scale to use woody 
                        biomass and small-diameter wood removed 
                        in ecological restoration treatments;
                  (C) incorporates the best available science 
                and scientific application tools in ecological 
                restoration strategies;
                  (D) fully maintains, or contributes toward 
                the restoration of, the structure and 
                composition of old growth stands according to 
                the pre-fire suppression old growth conditions 
                characteristic of the forest type, taking into 
                account the contribution of the stand to 
                landscape fire adaptation and watershed health 
                and retaining the large trees contributing to 
                old growth structure;
                  (E) would carry out any forest restoration 
                treatments that reduce hazardous fuels by--
                          (i) focusing on small diameter trees, 
                        thinning, strategic fuel breaks, and 
                        fire use to modify fire behavior, as 
                        measured by the projected reduction of 
                        uncharacteristically severe wildfire 
                        effects for the forest type (such as 
                        adverse soil impacts, tree mortality or 
                        other impacts); and
                          (ii) maximizing the retention of 
                        large trees, as appropriate for the 
                        forest type, to the extent that the 
                        trees promote fire-resilient stands; 
                        and
                  (F)(i) does not include the establishment of 
                permanent roads; and
                  (ii) would commit funding to decommission all 
                temporary roads constructed to carry out the 
                strategy;
          (2) be developed and implemented through a 
        collaborative process that--
                  (A) includes multiple interested persons 
                representing diverse interests; and
                  (B)(i) is transparent and nonexclusive; or
                  (ii) meets the requirements for a resource 
                advisory committee under subsections (c) 
                through (f) of section 205 of Public Law 106-
                393 (16 U.S.C. 500 note);
          (3) describe plans to--
                  (A) reduce the risk of uncharacteristic 
                wildfire, including through the use of fire for 
                ecological restoration and maintenance and 
                reestablishing natural fire regimes, where 
                appropriate;
                  (B) improve fish and wildlife habitat, 
                including for endangered, threatened, and 
                sensitive species;
                  (C) maintain or improve water quality and 
                watershed function;
                  (D) prevent, remediate, or control invasions 
                of exotic species;
                  (E) maintain, decommission, and rehabilitate 
                roads and trails;
                  (F) use woody biomass and small-diameter 
                trees produced from projects implementing the 
                strategy;
                  (G) report annually on performance, including 
                through performance measures from the plan 
                entitled the ``10 Year Comprehensive Strategy 
                Implementation Plan'' and dated December 2006; 
                and
                  (H) take into account any applicable 
                community wildfire protection plan;
          (4) analyze any anticipated cost savings, including 
        those resulting from--
                  (A) reduced wildfire management costs; and
                  (B) a decrease in the unit costs of 
                implementing ecological restoration treatments 
                over time;
          (5) estimate--
                  (A) the annual Federal funding necessary to 
                implement the proposal; and
                  (B) the amount of new non-Federal investment 
                for carrying out the proposal that would be 
                leveraged;
          (6) describe the collaborative process through which 
        the proposal was developed, including a description 
        of--
                  (A) participation by or consultation with 
                State, local, and Tribal governments; and
                  (B) any established record of successful 
                collaborative planning and implementation of 
                ecological restoration projects on National 
                Forest System land and other land included in 
                the proposal by the collaborators; and
          (7) benefit local economies by providing local 
        employment or training opportunities through contracts, 
        grants, or agreements for restoration planning, design, 
        implementation, or monitoring with--
                  (A) local private, nonprofit, or cooperative 
                entities;
                  (B) Youth Conservation Corps crews or related 
                partnerships, with State, local, and non-profit 
                youth groups;
                  (C) existing or proposed small or micro-
                businesses, clusters, or incubators; or
                  (D) other entities that will hire or train 
                local people to complete such contracts, 
                grants, or agreements; and
          (8) be subject to any other requirements that the 
        Secretary, in consultation with the Secretary of the 
        Interior, determines to be necessary for the efficient 
        and effective administration of the program.
  (c) Nomination Process.--
          (1) Submission.--A proposal shall be submitted to--
                  (A) the appropriate Regional Forester; and
                  (B) if actions under the jurisdiction of the 
                Secretary of the Interior are proposed, the 
                appropriate--
                          (i) State Director of the Bureau of 
                        Land Management;
                          (ii) Regional Director of the Bureau 
                        of Indian Affairs; or
                          (iii) other official of the 
                        Department of the Interior.
          (2) Nomination.--
                  (A) In general.--A Regional Forester may 
                nominate for selection by the Secretary any 
                proposals that meet the eligibility criteria 
                established by subsection (b).
                  (B) Concurrence.--Any proposal nominated by 
                the Regional Forester that proposes actions 
                under the jurisdiction of the Secretary of the 
                Interior shall include the concurrence of the 
                appropriate--
                          (i) State Director of the Bureau of 
                        Land Management;
                          (ii) Regional Director of the Bureau 
                        of Indian Affairs; or
                          (iii) other official of the 
                        Department of the Interior.
          (3) Documentation.--With respect to each proposal 
        that is nominated under paragraph (2)--
                  (A) the appropriate Regional Forester shall--
                          (i) include a plan to use Federal 
                        funds allocated to the region to fund 
                        those costs of planning and carrying 
                        out ecological restoration treatments 
                        on National Forest System land, 
                        consistent with the strategy, that 
                        would not be covered by amounts 
                        transferred to the Secretary from the 
                        Fund; and
                          (ii) provide evidence that amounts 
                        proposed to be transferred to the 
                        Secretary from the Fund during the 
                        first 2 fiscal years following 
                        selection would be used to carry out 
                        ecological restoration treatments 
                        consistent with the strategy during the 
                        same fiscal year in which the funds are 
                        transferred to the Secretary;
                  (B) if actions under the jurisdiction of the 
                Secretary of the Interior are proposed, the 
                nomination shall include a plan to fund such 
                actions, consistent with the strategy, by the 
                appropriate--
                          (i) State Director of the Bureau of 
                        Land Management;
                          (ii) Regional Director of the Bureau 
                        of Indian Affairs; or
                          (iii) other official of the 
                        Department of the Interior; and
                  (C) if actions on land not under the 
                jurisdiction of the Secretary or the Secretary 
                of the Interior are proposed, the appropriate 
                Regional Forester shall provide evidence that 
                the landowner intends to participate in, and 
                provide appropriate funding to carry out, the 
                actions.
  (d) Selection Process.--
          (1) In general.--After consulting with the advisory 
        panel established under subsection (e), the Secretary, 
        in consultation with the Secretary of the Interior, 
        shall, subject to paragraph (2), select the best 
        proposals that--
                  (A) have been nominated under subsection 
                (c)(2); and
                  (B) meet the eligibility criteria established 
                by subsection (b).
          (2) Criteria.--In selecting proposals under paragraph 
        (1), the Secretary shall give special consideration 
        to--
                  (A) the strength of the proposal and 
                strategy;
                  (B) the strength of the ecological case of 
                the proposal and the proposed ecological 
                restoration strategies;
                  (C) the strength of the collaborative process 
                and the likelihood of successful collaboration 
                throughout implementation;
                  (D) whether the proposal is likely to achieve 
                reductions in long-term wildfire management 
                costs;
                  (E) whether the proposal would reduce the 
                relative costs of carrying out ecological 
                restoration treatments as a result of the use 
                of woody biomass and small-diameter trees; and
                  (F) whether an appropriate level of non-
                Federal investment would be leveraged in 
                carrying out the proposal.
          (3) Limitation.--The Secretary may select not more 
        than--
                  (A) 10 proposals to be funded during any 
                fiscal year;
                  (B) 2 proposals in any 1 region of the 
                National Forest System to be funded during any 
                fiscal year; and
                  (C) the number of proposals that the 
                Secretary determines are likely to receive 
                adequate funding.
  (e) Advisory Panel.--
          (1) In general.--The Secretary shall establish and 
        maintain an advisory panel comprised of not more than 
        15 members to evaluate, and provide recommendations on, 
        each proposal that has been nominated under subsection 
        (c)(2).
          (2) Representation.--The Secretary shall ensure that 
        the membership of the advisory panel is fairly balanced 
        in terms of the points of view represented and the 
        functions to be performed by the advisory panel.
          (3) Inclusion.--The advisory panel shall include 
        experts in ecological restoration, fire ecology, fire 
        management, rural economic development, strategies for 
        ecological adaptation to climate change, fish and 
        wildlife ecology, and woody biomass and small-diameter 
        tree utilization.
  (f) Collaborative Forest Landscape Restoration Fund.--
          (1) Establishment.--There is established in the 
        Treasury of the United States a fund, to be known as 
        the ``Collaborative Forest Landscape Restoration 
        Fund'', to be used to pay up to 50 percent of the cost 
        of [carrying out and] planning, carrying out, and 
        monitoring ecological restoration treatments on 
        National Forest System land for each proposal selected 
        to be carried out under subsection (d).
          (2) Inclusion.--The cost of carrying out ecological 
        restoration treatments as provided in paragraph (1) 
        may, as the Secretary determines to be appropriate, 
        include cancellation and termination costs required to 
        be obligated for contracts to carry out ecological 
        restoration treatments on National Forest System land 
        for each proposal selected to be carried out under 
        subsection (d).
          (3) Contents.--The Fund shall consist of such amounts 
        as are appropriated to the Fund under paragraph (6).
          (4) Expenditures From Fund.--
                  (A) In general.--On request by the Secretary, 
                the Secretary of the Treasury shall transfer 
                from the Fund to the Secretary such amounts as 
                the Secretary determines are appropriate, in 
                accordance with paragraph (1).
                  (B) Limitation.--The Secretary shall not 
                expend money from the Fund on any 1 proposal--
                          (i) during a period of more than 10 
                        fiscal years; or
                          (ii) in excess of $4,000,000 in any 1 
                        fiscal year.
          (5) Accounting and reporting system.--The Secretary 
        shall establish an accounting and reporting system for 
        the Fund.
          (6) Authorization of Appropriations.--There is 
        authorized to be appropriated to the Fund $40,000,000 
        for each of fiscal years 2009 through 2019, to remain 
        available until expended.
  (g) Program Implementation and Monitoring.--
          (1) Work plan.--Not later than 180 days after the 
        date on which a proposal is selected to be carried out, 
        the Secretary shall create, in collaboration with the 
        interested persons, an implementation work plan and 
        budget to implement the proposal that includes--
                  (A) a description of the manner in which the 
                proposal would be implemented to achieve 
                ecological and community economic benefit, 
                including capacity building to accomplish 
                restoration;
                  (B) a business plan that addresses--
                          (i) the anticipated unit treatment 
                        cost reductions over 10 years;
                          (ii) the anticipated costs for 
                        infrastructure needed for the proposal;
                          (iii) the projected sustainability of 
                        the supply of woody biomass and small-
                        diameter trees removed in ecological 
                        restoration treatments; and
                          (iv) the projected local economic 
                        benefits of the proposal;
                  (C) documentation of the non-Federal 
                investment in the priority landscape, including 
                the sources and uses of the investments; and
                  (D) a plan to decommission any temporary 
                roads established to carry out the proposal.
          (2) Project implementation.--Amounts transferred to 
        the Secretary from the Fund shall be used to carry out 
        ecological restoration treatments that are--
                  (A) consistent with the proposal and 
                strategy; and
                  (B) identified through the collaborative 
                process described in subsection (b)(2).
          (3) Annual report.--The Secretary, in collaboration 
        with the Secretary of the Interior and interested 
        persons, shall prepare an annual report on the 
        accomplishments of each selected proposal that 
        includes--
                  (A) a description of all acres (or other 
                appropriate unit) treated and restored through 
                projects implementing the strategy;
                  (B) an evaluation of progress, including 
                performance measures and how prior year 
                evaluations have contributed to improved 
                project performance;
                  (C) a description of community benefits 
                achieved, including any local economic 
                benefits;
                  (D) the results of the multiparty monitoring, 
                evaluation, and accountability process under 
                paragraph (4); and
                  (E) a summary of the costs of--
                          (i) treatments; and
                          (ii) relevant fire management 
                        activities.
          (4) Multiparty monitoring.--The Secretary shall, in 
        collaboration with the Secretary of the Interior and 
        interested persons, use a multiparty monitoring, 
        evaluation, and accountability process to assess the 
        positive or negative ecological, social, and economic 
        effects of projects implementing a selected proposal 
        for not less than 15 years after project implementation 
        commences.
  (h) Report.--Not later than 5 years after the first fiscal 
year in which funding is made available to carry out ecological 
restoration projects under the program, and every 5 years 
thereafter, the Secretary, in consultation with the Secretary 
of the Interior, shall submit a report on the program, 
including an assessment of whether, and to what extent, the 
program is fulfilling the purposes of this title, to--
          (1) the Committee on Energy and Natural Resources of 
        the Senate;
          (2) the Committee on Appropriations of the Senate;
          (3) the Committee on Natural Resources of the House 
        of Representatives; and
          (4) the Committee on Appropriations of the House of 
        Representatives.

           *       *       *       *       *       *       *

                              ----------                              


TRIBAL FOREST PROTECTION ACT OF 2004

           *       *       *       *       *       *       *



SEC. 2. TRIBAL FOREST ASSETS PROTECTION.

  (a) Definitions.--In this section:
          (1) Federal land.--The term ``Federal land'' means--
                  (A) land of the National Forest System (as 
                defined in section 11(a) of the Forest and 
                Rangeland Renewable Resources Planning Act of 
                1974 (16 U.S.C. 1609(a))) administered by the 
                Secretary of Agriculture, acting through the 
                Chief of the Forest Service; and
                  (B) public lands (as defined in section 103 
                of the Federal Land Policy and Management Act 
                of 1976 (43 U.S.C. 1702)), the surface of which 
                is administered by the Secretary of the 
                Interior, acting through the Director of the 
                Bureau of Land Management.
          (2) Indian forest land or rangeland.--The term 
        ``Indian forest land or rangeland'' means land that--
                  (A) is held in trust by, or with a 
                restriction against alienation by, the United 
                States for an Indian tribe or a member of an 
                Indian tribe; and
                  (B)(i)(I) is Indian forest land (as defined 
                in section 304 of the National Indian Forest 
                Resources Management Act (25 U.S.C. 3103)); or
                                  (II) has a cover of grasses, 
                                brush, or any similar 
                                vegetation; or
                          (ii) formerly had a forest cover or 
                        vegetative cover that is capable of 
                        restoration.
          (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b).
          (4) Secretary.--The term ``Secretary'' means--
                  (A) the Secretary of Agriculture, with 
                respect to land under the jurisdiction of the 
                Forest Service; and
                  (B) the Secretary of the Interior, with 
                respect to land under the jurisdiction of the 
                Bureau of Land Management.
  (b) Authority to Protect Indian Forest Land or Rangeland.--
          (1) In general.--[Not later than 120 days after the 
        date on which an Indian tribe submits to the Secretary] 
        In response to the submission by an Indian Tribe of a 
        request to enter into an agreement or contract to carry 
        out a project to protect Indian forest land or 
        rangeland (including a project to restore Federal land 
        that borders on or is adjacent to Indian forest land or 
        rangeland) that meets the criteria described in 
        subsection (c), the Secretary may issue public notice 
        of initiation of any necessary environmental review or 
        of the potential of entering into an agreement or 
        contract with the Indian tribe pursuant to [section 347 
        of the Department of the Interior and Related Agencies 
        Appropriations Act, 1999 (16 U.S.C. 2104 note; Public 
        Law 105-277) (as amended by section 323 of the 
        Department of the Interior and Related Agencies 
        Appropriations Act, 2003 (117 Stat. 275))] section 604 
        of the Healthy Forests Restoration Act of 2003 (16 
        U.S.C. 6591c), or such other authority as appropriate, 
        under which the Indian tribe would carry out activities 
        described in paragraph (3).
          (2) Environmental analysis.--Following completion of 
        any necessary environmental analysis, the Secretary may 
        enter into an agreement or contract with the Indian 
        tribe as described in paragraph (1).
          (3) Activities.--Under an agreement or contract 
        entered into under paragraph (2), the Indian tribe may 
        carry out activities to achieve land management goals 
        for Federal land that is--
                  (A) under the jurisdiction of the Secretary; 
                and
                  (B) bordering or adjacent to the Indian 
                forest land or rangeland under the jurisdiction 
                of the Indian tribe.
          (4) Time periods for consideration.--
                  (A) Initial response.--Not later than 120 
                days after the date on which the Secretary 
                receives a Tribal request under paragraph (1), 
                the Secretary shall provide an initial response 
                to the Indian Tribe regarding--
                          (i) whether the request may meet the 
                        selection criteria described in 
                        subsection (c); and
                          (ii) the likelihood of the Secretary 
                        entering into an agreement or contract 
                        with the Indian Tribe under paragraph 
                        (2) for activities described in 
                        paragraph (3).
                  (B) Notice of denial.--Notice under 
                subsection (d) of the denial of a Tribal 
                request under paragraph (1) shall be provided 
                not later than 1 year after the date on which 
                the Secretary received the request.
                  (C) Completion.--Not later than 2 years after 
                the date on which the Secretary receives a 
                Tribal request under paragraph (1), other than 
                a Tribal request denied under subsection (d), 
                the Secretary shall--
                          (i) complete all environmental 
                        reviews necessary in connection with 
                        the agreement or contract and proposed 
                        activities under the agreement or 
                        contract; and
                          (ii) enter into the agreement or 
                        contract with the Indian tribe under 
                        paragraph (2).
  (c) Selection Criteria.--The criteria referred to in 
subsection (b), with respect to an Indian tribe, are whether--
          (1) the Indian forest land or rangeland under the 
        jurisdiction of the Indian tribe borders on or is 
        adjacent to land under the jurisdiction of the Forest 
        Service or the Bureau of Land Management;
          (2) Forest Service or Bureau of Land Management land 
        bordering on or adjacent to the Indian forest land or 
        rangeland under the jurisdiction of the Indian tribe--
                  (A) poses a fire, disease, or other threat 
                to--
                          (i) the Indian forest land or 
                        rangeland under the jurisdiction of the 
                        Indian tribe; or
                          (ii) a tribal community; or
                  (B) is in need of land restoration 
                activities;
          (3) the agreement or contracting activities applied 
        for by the Indian tribe are not already covered by a 
        stewardship contract or other instrument that would 
        present a conflict on the subject land; and
          (4) the Forest Service or Bureau of Land Management 
        land described in the application of the Indian tribe 
        presents or involves a feature or circumstance unique 
        to that Indian tribe (including treaty rights or 
        biological, archaeological, historical, or cultural 
        circumstances).
  (d) Notice of Denial.--If the Secretary denies a tribal 
request under [subsection (b)(1), the Secretary may] paragraphs 
(1) and (4)(B) of subsection (b), the Secretary shall issue a 
notice of denial to the Indian tribe, which--
          (1) identifies the specific factors that caused, and 
        explains the reasons that support, the denial;
          (2) identifies potential courses of action for 
        overcoming specific issues that led to the denial; and
          (3) proposes a schedule of consultation with the 
        Indian tribe for the purpose of developing a strategy 
        for protecting the Indian forest land or rangeland of 
        the Indian tribe and interests of the Indian tribe in 
        Federal land.
  (e) Proposal Evaluation and Determination Factors.--In 
entering into an agreement or contract in response to a request 
of an Indian tribe under subsection (b)(1), the Secretary may--
          (1) use a best-value basis; and
          (2) give specific consideration to tribally-related 
        factors in the proposal of the Indian tribe, 
        including--
                  (A) the status of the Indian tribe as an 
                Indian tribe;
                  (B) the trust status of the Indian forest 
                land or rangeland of the Indian tribe;
                  (C) the cultural, traditional, and historical 
                affiliation of the Indian tribe with the land 
                subject to the proposal;
                  (D) the treaty rights or other reserved 
                rights of the Indian tribe relating to the land 
                subject to the proposal;
                  (E) the indigenous knowledge and skills of 
                members of the Indian tribe;
                  (F) the features of the landscape of the land 
                subject to the proposal, including watersheds 
                and vegetation types;
                  (G) the working relationships between the 
                Indian tribe and Federal agencies in 
                coordinating activities affecting the land 
                subject to the proposal; and
                  (H) the access by members of the Indian tribe 
                to the land subject to the proposal.
  (f) No Effect on Existing Authority.--Nothing in this Act--
          (1) prohibits, restricts, or otherwise adversely 
        affects the participation of any Indian tribe in 
        stewardship agreements or contracting under the 
        authority of [section 347 of the Department of the 
        Interior and Related Agencies Appropriations Act, 1999 
        (16 U.S.C. 2104 note; Public Law 105-277) (as amended 
        by section 323 of the Department of the Interior and 
        Related Agencies Appropriations Act, 2003 (117 Stat. 
        275))] section 604 of the Healthy Forests Restoration 
        Act of 2003 (16 U.S.C. 6591c) or other authority 
        invoked pursuant to this Act; or
          (2) invalidates any agreement or contract under that 
        authority.
  (g) Report.--Not later than 4 years after the date of 
enactment of this Act, the Secretary shall submit to Congress a 
report that describes the Indian tribal requests received and 
agreements or contracts that have been entered into under this 
Act.
                              ----------                              


   SECTION 305 OF THE NATIONAL INDIAN FOREST RESOURCES MANAGEMENT ACT


SEC. 305. MANAGEMENT OF INDIAN FOREST LAND.

  (a) Management Activities.--The Secretary shall undertake 
forest land management activities on Indian forest land, either 
directly or through contracts, cooperative agreements, or 
grants under the Indian Self-Determination Act (25 U.S.C. 450 
et seq.).
  (b) Management Objectives.--Indian forest land management 
activities undertaken by the Secretary shall be designed to 
achieve the following objectives--
          (1) the development, maintenance, and enhancement of 
        Indian forest land in a perpetually productive state in 
        accordance with the principles of sustained yield and 
        with the standards and objectives set forth in forest 
        management plans by providing effective management and 
        protection through the application of sound 
        silvicultural and economic principles to--
                  (A) the harvesting of forest products,
                  (B) forestation,
                  (C) timber stand improvement, and
                  (D) other forestry practices;
          (2) the regulation of Indian forest lands through the 
        development and implementation, with the full and 
        active consultation and participation of the 
        appropriate Indian tribe, of forest management plans 
        which are supported by written tribal objectives and 
        forest marketing programs;
          (3) the regulation of Indian forest lands in a manner 
        that will ensure the use of good method and order in 
        harvesting so as to make possible, on a sustained yield 
        basis, continuous productivity and a perpetual forest 
        business;
          (4) the development of Indian forest lands and 
        associated value-added industries by Indians and Indian 
        tribes to promote self-sustaining communities, so that 
        Indians may receive from their Indian forest land not 
        only stumpage value, but also the benefit of all the 
        labor and profit that such Indian forest land is 
        capable of yielding;
          (5) the retention of Indian forest land in its 
        natural state when an Indian tribe determines that the 
        recreational, cultural, aesthetic, or traditional 
        values of the Indian forest land represents the highest 
        and best use of the land;
          (6) the management and protection of forest resources 
        to retain the beneficial effects to Indian forest lands 
        of regulating water run-off and minimizing soil 
        erosion; and
          (7) the maintenance and improvement of timber 
        productivity, grazing, wildlife, fisheries, recreation, 
        aesthetic, cultural and other traditional values.
  (c) Inclusion of Certain National Forest System Land and 
Public Land.--
          (1) Authority.--At the request of an Indian Tribe, 
        the Secretary concerned may agree to treat Federal 
        forest land as Indian forest land for purposes of 
        planning and conducting forest land management 
        activities under this section if the Federal forest 
        land is located within, or mostly within, a geographic 
        area that presents a feature or involves circumstances 
        principally relevant to that Indian Tribe, such as 
        Federal forest land ceded to the United States by 
        treaty, Federal forest land within the boundaries of a 
        current or former reservation, or Federal forest land 
        adjudicated to be Tribal homelands.
          (2) Requirements.--As part of the agreement to treat 
        Federal forest land as Indian forest land under 
        paragraph (1), the Secretary concerned and the Indian 
        Tribe making the request shall--
                  (A) provide for continued public access 
                applicable to the Federal forest land prior to 
                the agreement, except that the Secretary 
                concerned may limit or prohibit such access as 
                needed;
                  (B) continue sharing revenue generated by the 
                Federal forest land with State and local 
                governments either--
                          (i) on the terms applicable to the 
                        Federal forest land prior to the 
                        agreement, including, where applicable, 
                        25-percent payments or 50-percent 
                        payments; or
                          (ii) at the option of the Indian 
                        Tribe, on terms agreed upon by the 
                        Indian Tribe, the Secretary concerned, 
                        and State and county governments 
                        participating in a revenue sharing 
                        agreement for the Federal forest land;
                  (C) comply with applicable prohibitions on 
                the export of unprocessed logs harvested from 
                the Federal forest land;
                  (D) recognize all right-of-way agreements in 
                place on Federal forest land prior to 
                commencement of Tribal management activities;
                  (E) ensure that all commercial timber removed 
                from the Federal forest land is sold on a 
                competitive bid basis; and
                  (F) cooperate with the appropriate State fish 
                and wildlife agency to achieve mutual agreement 
                on the management of fish and wildlife.
          (3) Limitation.--Treating Federal forest land as 
        Indian forest land for purposes of planning and 
        conducting management activities pursuant to paragraph 
        (1) shall not be construed to designate the Federal 
        forest land as Indian forest lands for any other 
        purpose.
          (4) Definitions.--In this subsection:
                  (A) Federal forest land.--The term ``Federal 
                forest land'' means--
                          (i) National Forest System lands; and
                          (ii) public lands (as defined in 
                        section 103(e) of the Federal Land 
                        Policy and Management Act of 1976 (43 
                        U.S.C. 1702(e))), including Coos Bay 
                        Wagon Road Grant lands reconveyed to 
                        the United States pursuant to the first 
                        section of the Act of February 26, 1919 
                        (40 Stat. 1179), and Oregon and 
                        California Railroad Grant lands.
                  (B) Secretary concerned.--The term 
                ``Secretary concerned'' means--
                          (i) the Secretary of Agriculture, 
                        with respect to the Federal forest land 
                        referred to in subparagraph (A)(i); and
                          (ii) the Secretary of the Interior, 
                        with respect to the Federal forest land 
                        referred to in subparagraph (A)(ii).
                              ----------                              


FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 1974

           *       *       *       *       *       *       *


  Sec. 3. Renewable Resource Assessment.--(a) In recognition of 
the vital importance of America's renewable resources of the 
forest, range, and other associated lands to the Nation's 
social and economic well-being, and of the necessity for a long 
term perspective in planning and undertaking related national 
renewable resource programs administered by the Forest Service, 
the Secretary of Agriculture (referred to in this Act as the 
``Secretary'') shall prepare a Renewable Resource Assessment 
(hereinafter called the ``Assessment''). The Assessment shall 
be prepared not later than December 31, 1975, and shall be 
undated during 1979 and each tenth year thereafter, and shall 
include but not be limited to--
          (1) an analysis of present and anticipated uses, 
        demand for, and supply of the renewable resources, with 
        consideration of the international resource situation, 
        and an emphasis of pertinent supply and demand and 
        price relationship trends;
          (2) an inventory, based on information developed by 
        the Forest Service and other ``Federal agencies, of 
        present and potential renewable resources, and an 
        evaluation of opportunities for improving their yield 
        of tangible and intangible goods and services, together 
        with estimates of investment costs and direct and 
        indirect returns to the Federal Government;
          (3) a description of Forest Service programs and 
        responsibilities in research, cooperative programs and 
        management of the National Forest System, their 
        interrelationships, and the relationship of these 
        programs and responsibilities to public and private 
        activities;
          (4) a discussion of important policy considerations, 
        laws, regulations, and other factors expected to 
        influence and affect significantly the use, ownership, 
        and management of forest, range, and other associated 
        lands; and
          (5) an analysis of the potential effects of global 
        climate change on the condition of renewable resources 
        on the forests and rangelands of the United States; and
          (6) an analysis of the rural and urban forestry 
        opportunities to mitigate the buildup of atmospheric 
        carbon dioxide and reduce the risk of global climate 
        change,
  (b) [Omitted-Amendment]
  (c) The Secretary shall report in the 1979 and subsequent 
Assessments on:
          (1) the additional fiber potential in the National 
        Forest System including, but not restricted to, forest 
        mortality, growth, salvage potential, potential 
        increased forest products sales, economic constraints, 
        alternate markets, contract considerations, and other 
        multiple use considerations;
          (2) the potential for increased utilization of forest 
        and wood product wastes in the National Forest System 
        and on other lands, and of urban wood wastes and wood 
        product recycling, including recommendations to the 
        Congress for actions which would lead to increased 
        utilization of materials now being wasted both in the 
        forests and in manufactured products; and
          (3) the milling and other wood fiber product 
        fabrication facilities and their location in the United 
        States, noting the public and private forested areas 
        that supply such facilities, assessing the degree of 
        utilization into product form of harvested trees by 
        such facilities, and setting forth the technology 
        appropriate to the facilities to improve utilization 
        either individually or in aggregate units of harvested 
        trees and to reduce wasted wood fibers. The Secretary 
        shall set forth a program to encourage the adoption by 
        these facilities of these technologies for improving 
        wood fiber utilization.
  (d) In developing the reports required under subsection (c) 
of this section, the Secretary shall provide opportunity for 
public involvement and shall consult with other interested 
governmental departments and agencies.
  (d)(1) It is the policy of the Congress that all forested 
lands in the National Forest System shall be maintained in 
appropriate forest cover with species of trees, degree of 
stocking, rate of growth, and conditions of stand designed to 
secure the maximum benefits of multiple use sustained yield 
management in accordance with land management plans. 
Accordingly, the Secretary is directed to identify and report 
to the Congress annually at the time of submission of the 
President's budget together with the annual report provided for 
under section 8(c) of this Act, beginning with submission of 
the President's budget for fiscal year 1978, the amount and 
location by forests and States and by productivity class, where 
practicable, of all lands in the National Forest System where 
objectives of land management plans indicate the need to 
reforest areas that have been cut-over or otherwise denuded or 
deforested, and all lands with stands of trees that are not 
growing at their best potential rate of growth. All national 
forest lands treated from year to year shall be examined after 
the first and third growing seasons and certified by the 
Secretary in the report provided for under this subsection as 
to stocking rate, growth rate in relation to potential and 
other pertinent measures. Any lands not certified as 
satisfactory shall be returned to the backlog and scheduled for 
prompt treatment. The level and types of treatment shall be 
those which secure the most effective mix of multiple use 
benefits.
  (2) Notwithstanding the provisions of section 9 of this Act, 
the Secretary shall annually for eight years following the 
enactment of this subsection, transmit to the Congress in the 
manner provided in this subsection an estimate of the sums 
necessary to be appropriated, in addition to the funds 
available from other sources, to replant and otherwise treat an 
acreage equal to the acreage to be cut over that year, plus a 
sufficient portion of the backlog of lands found to be in need 
of treatment to eliminate the backlog within the eight-year 
period. After such eight-year period, the Secretary shall 
transmit annually to the Congress an estimate of the sums 
necessary to replant and otherwise treat all lands being cut 
over and maintain planned timber production on all other 
forested lands in the National Forest System so as to prevent 
the development of a backlog of needed work larger than the 
needed work at the beginning of the fiscal year. The 
Secretary's estimate of sums necessary, in addition to the sums 
available under other authorities, for accomplishment of the 
reforestation and other treatment of National Forest System 
lands under this section shall be provided annually for 
inclusion in the President's budget and shall also be 
transmitted to the Speaker of the House and the President of 
the Senate together with the annual report provided for under 
section 8(c) of this Act at the time of submission of the 
President's budget to the Congress beginning with the budget 
for fiscal year 1978. The sums estimated as necessary for 
reforestation and other treatment shall include moneys needed 
to secure seed, grow seedlings, prepare sites, plant trees, 
thin, remove deleterious growth and underbrush, build fence to 
exclude livestock and adverse wildlife from regeneration areas 
and otherwise establish and improve forests to secure planned 
production of trees and other multiple use values.
  (3) Effective for the fiscal year beginning October 1, 1977, 
and each fiscal year thereafter, there is hereby authorized to 
be appropriated for the purpose of reforesting and treating 
lands in the National Forest System $200,000,000 annually to 
meet requirements of this subsection (d). All sums appropriated 
for the purposes of this subsection shall be available until 
expended.
  (e) The Secretary shall submit an annual report to the 
Congress on the amounts, types, and uses of herbicides and 
pesticides used in the National Forest System, including the 
beneficial or adverse effects of such uses.
  Sec. 4. Renewable Resource Program.--In order to provide for 
periodic review of programs for management and administration 
of the National Forest System, for research, for cooperative 
State and private Forest Service programs, and for conduct of 
other Forest Service activities in relation to the findings of 
the Assessment, the [Secretary of Agriculture] Secretary, 
utilizing information available to the Forest Service and other 
agencies within the Department of Agriculture, including data 
prepared pursuant to section 302 of the Rural Development Act 
of 1972, shall prepare and transmit to the President a 
recommended Renewable Resource Program (hereinafter called the 
``Program''). The Program transmitted to the President may 
include alternatives, and shall provide in appropriate detail 
for protection, management, and development of the National 
Forest System, including forest development roads and trails; 
for cooperative Forest Service programs; and for research. The 
Program shall be developed in accordance with principles set 
forth in the Multiple-Use Sustained-Yield Act of June 12, 1960 
(74 Stat. 215; 16 U.S.C. 528-531), and the National 
Environmental Policy Act of 1969 (83 Stat. 852; 42 U.S.C. 4321-
4347). The Program shall be prepared not later than December 
31, 1975, to cover the four-year period beginning October 1, 
1976, and at least each of the four fiscal decades next 
following such period, and shall be updated no later than 
during the first half of the fiscal year ending September 30, 
1980, and the first half of each fifth fiscal year thereafter 
to cover at least each of the four fiscal decades beginning 
next after such updating. The Program shall include, but not be 
limited to--
          (1) an inventory of specific needs and opportunities 
        for both public and private program investments. The 
        inventory shall differentiate between activities which 
        are of a capital nature and those which are of an 
        operational nature;
          (2) specific identification of Program outputs, 
        results anticipated, and benefits associated with 
        investments in such a manner that the anticipated costs 
        can be directly compared with the total related 
        benefits and direct and indirect returns to the Federal 
        Government;
          (3) a discussion of priorities for accomplishment of 
        inventoried Program opportunities, with specified 
        costs, outputs, results, and benefits;
          (4) a detailed study of personnel requirements as 
        needed to implement and monitor existing and ongoing 
        programs; and
          (5) Program recommendations which--
                  (A) evaluate objectives for the major Forest 
                Service programs in order that multiple-use and 
                sustained-yield relationships among and within 
                the renewable resources can be determined;
                  (B) explain the opportunities for owners of 
                forests and rangeland to participate in 
                programs to improve and enhance the condition 
                of the land and the renewable resource products 
                therefrom;
                  (C) recognize the fundamental need to protect 
                and, where appropriate, improve the quality of 
                soil, water, and air resources;
                  (D) state national goals that recognize the 
                interrelationships between and interdependence 
                within the renewable resources;
                  (E) evaluate the impact of the export and 
                import of raw logs upon domestic timber 
                supplies and prices; and
                  (F) account for the effects of global climate 
                change on forest and rangeland conditions, 
                including potential effects on the geographic 
                ranges of species, and on forest and rangeland 
                products.
  Sec. 5. National Forest System Resource Inventories.--As a 
part of the Assessment, the [Secretary of Agriculture] 
Secretary shall develop and maintain on a continuing basis a 
comprehensive and appropriately detailed inventory of all 
National Forest System lands and renewable resources. This 
inventory shall be kept current so as to reflect changes in 
conditions and identify new and emerging resources and values.
  Sec. 6. National Forest System Resource Planning.--(a) As a 
part of the Program provided for by section 4 of this Act, the 
[Secretary of Agriculture] Secretary shall develop, maintain, 
and, as appropriate, revise land and resource management plans 
for units of the National Forest System, coordinated with the 
land and resource management planning processes of State and 
local governments and other Federal agencies.
  (b) In the development and maintenance of land management 
plans for use on units of the National Forest System, the 
Secretary shall use a systematic interdisciplinary approach to 
achieve integrated consideration of physical, biological, 
economic, and other sciences.
  (c) The Secretary shall begin to incorporate the standards 
and guidelines required by this section in plans for units of 
the National Forest System as soon as practicable after 
enactment of this subsection and shall attempt to complete such 
incorporation for all such units by no later than September 30, 
1985. The Secretary shall report to the Congress on the 
progress of such incorporation in the annual report required by 
section 8(c) of this Act. Until such time as a unit of the 
National Forest System is managed under plans developed in 
accordance with this Act, the management of such unit may 
continue under existing land and resource management plans.
  [(d) The Secretary] (d)  Public Participation and 
Consultation._
          (1) In general._The Secretary shall provide for 
        public participation in the development, review, and 
        revision of land management plans including, but not 
        limited to, making the plans or revisions available to 
        the public at convenient locations in the vicinity of 
        the affected unit for a period of at least three months 
        before final adoption, during which period the 
        Secretary shall publicize and hold public meetings or 
        comparable processes at locations that foster public 
        participation in the review of such plans or revisions.
          (2) No additional consultation required after 
        approval of land management plans.--
                  (A) In general.--Notwithstanding any other 
                provision of law, the Secretary shall not be 
                required to engage in consultation under this 
                subsection or any other provision of law 
                (including section 7 of the Endangered Species 
                Act (16 U.S.C. 1536) and section 402.16 of 
                title 50, Code of Federal Regulations (or a 
                successor regulation)) with respect to--
                          (i) if a land management plan 
                        approved by the Secretary--
                                  (I) the listing of a species 
                                as threatened or endangered, or 
                                a designation of critical 
                                habitat pursuant to the 
                                Endangered Species Act (16 
                                U.S.C. 1531 et seq.);
                                  (II) whether the amount or 
                                extent of taking specified in 
                                the incidental take statement 
                                is exceeded;
                                  (III) whether new information 
                                reveals effects of the action 
                                that may affect listed species 
                                or critical habitat in a manner 
                                or to an extent not previously 
                                considered; or
                                  (IV) whether the identified 
                                action is subsequently modified 
                                in a manner that causes an 
                                effect to the listed species or 
                                critical habitat that was not 
                                considered in the biological 
                                opinion; or
                          (ii) any provision of a land 
                        management plan adopted as described in 
                        clause (i).
                  (B) Effect of paragraph.--Nothing in this 
                paragraph affects any applicable requirement of 
                the Secretary to consult with the head of any 
                other Federal department or agency--
                          (i) regarding any project, including 
                        a project carried out, or proposed to 
                        be carried out, in an area designated 
                        as critical habitat pursuant to the 
                        Endangered Species Act (16 U.S.C. 1531 
                        et seq.); or
                          (ii) with respect to the development 
                        of an amendment to a land management 
                        plan that would result in a significant 
                        change in the land management plan.
          (3) Land management plan considered a non-
        discretionary action.--For purposes of the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.), a forest 
        management activity carried out by the Secretary 
        concerned pursuant to this Act shall be considered a 
        non-discretionary action.
  (e) In developing, maintaining, and revising plans for units 
of the National Forest System pursuant to this section, the 
Secretary shall assure that such plans--
          (1) provide for multiple use and sustained yield of 
        the products and services obtained therefrom in 
        accordance with the Multiple-Use Sustained-Yield Act of 
        1960, and, in particular, include coordination of 
        outdoor recreation, range, timber, watershed, wildlife 
        and fish, and wilderness; and
          (2) determine forest management systems, harvesting 
        levels, and procedures in the light of all of the uses 
        set forth in subsection (c)(1), the definition of the 
        terms ``multiple use'' and ``sustained yield'' as 
        provided in the Multiple-Use Sustained-Yield Act of 
        1960, and the availability of lands and their 
        suitability for resources management.
  (f) Plans developed in accordance with this section shall--
          (1) form one integrated plan for each unit of the 
        National Forest System, incorporating in one document 
        or one set of documents, available to the public at 
        convenient locations, all of the features required by 
        this section;
          (2) be embodied in appropriate written material, 
        including maps and other descriptive documents, 
        reflecting proposed and possible actions, including the 
        planned timber sale program and the proportion of 
        probable methods of timber harvest within the unit 
        necessary to fulfill the plan;
          (3) be prepared by an interdisciplinary team. Each 
        team shall prepare its plan based on inventories of the 
        applicable resources of the forest;
          (4) be amended in any manner whatsoever after final 
        adoption after public notice, and, if such amendment 
        would result in a significant change in such plan, in 
        accordance with the provisions of subsections (e) and 
        (f) of this section and public involvement comparable 
        to that required by subsection (d) of this section; and
          (5) be revised (A) from time to time when the 
        Secretary finds conditions in a unit have significantly 
        changed, but at least every fifteen years, and (B) in 
        accordance with the provisions of subsections (e) and 
        (f) of this section and public involvement comparable 
        to that required by subsection (d) of this section.
  (g) As soon as practicable, but not later than two years 
after enactment of this subsection, the Secretary shall in 
accordance with the procedures set forth in section 553 of 
title 5, United States Code, promulgate regulations, under the 
principles of the Multiple-Use Sustained-Yield Act of 1960, 
that set out the process for the development and revision of 
the land management plans, and the guidelines and standards 
prescribed by this subsection. The regulations shall include, 
but not be limited to--
          (1) specifying procedures to insure that land 
        management plans are prepared in accordance with the 
        National Environmental Policy Act of 1969, including, 
        but not limited to, direction on when and for what 
        plans an environmental impact statement required under 
        section 102(2)(C) of that Act shall be prepared;
          (2) specifying guidelines which--
                  (A) require the identification of the 
                suitability of lands for resource management;
                  (B) provide for obtaining inventory data on 
                the various renewable resources, and soil and 
                water, including pertinent maps, graphic 
                material, and explanatory aids; and
                  (C) provide for methods to identify special 
                conditions or situations involving hazards to 
                the various resources and their relationship to 
                alternative activities:
          (3) specifying guidelines for land management plans 
        developed to achieve the goals of the Program which--
                  (A) insure consideration of the economic and 
                environmental aspects of various systems of 
                renewable resource management, including the 
                related systems of silviculture and protection 
                of forest resources, to provide for outdoor 
                recreation (including wilderness), range, 
                timber, watershed, wildlife, and and fish;
                  (B) provide for diversity of plant and animal 
                communities based on the suitability and 
                capability of the specific land area in order 
                to meet overall multiple-use objectives, and 
                within the multiple-use objectives of a land 
                management plan adopted pursuant to this 
                section, provide, where appropriate, to the 
                degree practicable, for steps to be taken to 
                preserve the diversity of tree species similar 
                to that existing in the region controlled by 
                the plan;
                  (C) insure research on and (based on 
                continuous monitoring and assessment in the 
                field) evaluation of the effects of each 
                management system to the end that it will not 
                produce substantial and permanent impairment of 
                the productivity of the land;
                  (D) permit increases in harvest levels based 
                on intensified management practices, such as 
                reforestation, thinning, and tree improvement 
                if (i) such practices justify increasing the 
                harvests in accordance with the Multiple-Use 
                Sustained-Yield Act of 1960, and (ii) such 
                harvest levels are decreased at the end of each 
                planning period if such practices cannot be 
                successfully implemented or funds are not 
                received to permit such practices to continue 
                substantially as planned;
                  (E) insure that timber will be harvested from 
                National Forest System lands only where--
                          (i) soil, slope, or other watersheld 
                        conditions will not be irreversibly 
                        damaged;
                          (ii) there is assurance that such 
                        lands can be adequately restocked 
                        within five years after harvest;
                          (iii) protection is provided for 
                        streams, streambanks, shorelines, 
                        lakes, wetlands, and other bodies of 
                        water from detrimental changes in water 
                        temperatures, blockages of water 
                        courses, and deposits of sediment, 
                        where harvests are likely to seriously 
                        and adversely affect water conditions 
                        or fish habitat; and
                          (iv) the harvesting system to be used 
                        is not selected primarily because it 
                        will give the greatest dollar return or 
                        the greatest unit output of timber; and
                  (F) insure that clearcutting, seed tree 
                cutting, shelterwood cutting, and other cuts 
                designed to regenerate an evenaged stand of 
                timber will be used as a cutting method on 
                National Forest System lands only where--
                          (i) for clearcutting, it is 
                        determined to be the optimum method, 
                        and for other such cuts it is 
                        determined to be appropriate, to meet 
                        the objectives and requirements of the 
                        relevant land management plan;
                          (ii) the interdisciplinary review as 
                        determined by the Secretary has been 
                        completed and the potential 
                        environmental, biological, esthetic, 
                        engineering, and economic impacts on 
                        each advertised sale area have been 
                        assessed, as well as the consistency of 
                        the sale with the multiple use of the 
                        general area;
                          (iii) cut blocks, patches, or strips 
                        are shaped and blended to the extent 
                        practicable with the natural terrain;
                          (iv) there are established according 
                        to geographic areas, forest types, or 
                        other suitable classifications the 
                        maximum size limits for areas to be cut 
                        in one harvest operation, including 
                        provision to exceed the established 
                        limits after appropriate public notice 
                        and review by the responsible Forest 
                        Service officer one level above the 
                        Forest Service officer who normally 
                        would approve the harvest proposal: 
                        Provided, That such limits shall not 
                        apply to the size of areas harvested as 
                        a result of natural catastrophic 
                        conditions such as fire, insect and 
                        disease attack, or windstorm; and
                          (v) such cuts are carried out in a 
                        manner consistent with the protection 
                        of soil, watersheld, fish, wildlife, 
                        recreation, and esthetic resources, and 
                        the regeneration of the timber 
                        resource.
  (h)(1) In carrying out the purposes of subsection (g) of this 
section, the [Secretary of Agriculture] Secretary shall appoint 
a committee of scientists who are not officers or employees of 
the Forest Service. The committee shall provide scientific and 
technical advice and counsel on proposed guidelines and 
procedures to assure that an effective interdiscipinary 
approach is proposed and adopted. The committee shall terminate 
upon promulgation of the regulations, but the Secretary may, 
from time to time, appoint similar committees when considering 
revisions of the regulations. The views of the committees shall 
be included in the public information supplied when the 
regulations are proposed for adoption.
  (2) Clerical and technical assistance, as may be necessary to 
discharge the duties of the committee, shall be provided from 
the personnel of the Department of Agriculture.
  (3) While attending meetings of the committee, the members 
shall be entitled to receive compensation at a rate of $100 per 
diem, including traveltime, and while away from their homes or 
regular places of business they may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by 
section 5703 of title 5, United States Code, for persons in the 
Government service employed intermittently.
  (i) Resource plans and permits, contracts, and other 
instruments for the use and occupancy of National Forest System 
lands shall be consistent with the land management plans. Those 
resource plans and permits, contracts, and other such 
instruments currently in existence shall be revised as soon as 
practicable to be made consistent with such plans. When land 
management plans are revised, resource plans and permits, 
contracts, and other instruments, when necessary, shall be 
revised as soon as practicable. Any revision in present or 
future permits, contracts, and other instruments made pursuant 
to this section shall be subject to valid existing rights.
  (j) Land management plans and revisions shall become 
effective thirty days after completion of public participation 
and publication of notification by the Secretary as required 
under section 6(d) of this Act.
  (k) In developing land management plans pursuant to this Act, 
the Secretary shall identify lands within the management area 
which are not suited for timber production, considering 
physical, economic, and other pertinent factors to the extent 
feasible, as determined by the Secretary, and shall assure 
that, except for salvage sales or sales necessitated to protect 
other multiple-use, values, no timber harvesting shall occur on 
such lands for a period of 10 years. Lands once identified as 
unsuitable for timber production shall continue to be treated 
for reforestation purposes, particularly with regard to the 
protection of other multiple-use values. The Secretary shall 
review his decision to classify these lands as not suited for 
timber production at least every 10 years and shall return 
these lands to timber production whenever he determines that 
conditions have changed so that they have become suitable for 
timber production.
  (l) The Secretary shall--
          (1) formulate and implement, as soon as practicable, 
        a process for estimating long-terms costs and benefits 
        to support the program evaluation requirements of this 
        Act. This process shall include requirements to provide 
        information on a representative sample basis of 
        estimated expenditures associated with the 
        reforestation, timber stand improvement, and sale of 
        timber from the National Forest System, and shall 
        provide a comparison of these expenditures to the 
        return to the Government resulting from the sale of 
        timber; and
          (2) include a summary of data and findings resulting 
        from these estimates as a part of the annual report 
        required pursuant to section 8(c) of this Act, 
        including an identification on a representative sample 
        basis of those advertised timber sales made below the 
        estimated expenditures for such timber as determined by 
        the above cost process; and
  (m) The Secretary shall establish--
          (1) standards to insure that, prior to harvest, 
        stands of trees throughout the National Forest System 
        shall generally have reached the culmination of mean 
        annual increment of growth (calculated on the basis of 
        cubic measurement or other methods of calculation at 
        the discretion of the Secretary): Provided: That these 
        standards shall not preclude the use of sound 
        silvicultural practices, such as thinning or other 
        stand improvement measures: Provided further, That 
        these standards shall not preclude the Secretary from 
        salvage or sanitation harvesting of timber stands which 
        are substantially damaged by fire, windthrow or other 
        catastrophe, or which are in imminent danger from 
        insect or disease attack; and
          (2) exceptions to these standards for the harvest of 
        particular species of trees in management units after 
        consideration has been given to be multiple uses of the 
        forest including, but not limited to, recreation, 
        wildlife habitat, and range and after completion of 
        public participation processes utilizing the procedures 
        of subsection (d) of this section.
  Sec. 7. Cooperation in Resource Planning.--The [Secretary of 
Agriculture] Secretary may utilize the Assessment, resource 
surveys, and Program prepared pursuant to this Act to assist 
States and other organizations in proposing the planning for 
the protection, use, and management of renewable resources on 
non-Federal land.
  Sec. 8. National Participation.--(a) On the date Congress 
first convenes in 1976 and thereafter following each updating 
of the Assessment and the Program, the President shall transmit 
to the Speaker of the House of Representatives and the 
President of the Senate, when Congress convenes, the Assessment 
as set forth in section 3 of this Act and the Program as set 
forth in section 4 of this Act, together with a detailed 
Statement of Policy intended to be used in framing budget 
requests by that Administration for Forest Service activities 
for the five- or ten-year program period beginning during the 
term of such Congress for such further action deemed 
appropriate by the Congress. Following the transmission of such 
Assessment, Program, and Statement of Policy, the President 
shall, subject to other actions of the Congress, carry out 
programs already established by law in accordance with such 
Statement of Policy or any subsequent amendment or modification 
thereof approved by the Congress, unless, before the end of the 
first period of ninety calendar days of continuous session of 
Congress after the date on which the President of the Senate 
and the Speaker of the House are recipients of the transmission 
of such Assessment, Program, and Statement of Policy, either 
House adopts a resolution reported by the appropriate committee 
of jurisdiction disapproving the Statement of Policy. For the 
purpose of this subsection, the continuity of a session shall 
be deemed to be broken only by an adjournment sine die, and the 
days on which either House is not in session because of an 
adjournment of more than three days to a day certain shall be 
excluded in the computation of the ninety-day period. 
Notwithstanding any other provision of this Act, Congress may 
revise or modify the Statement of Policy transmitted by the 
President, and the revised or modified Statement of Policy 
shall be used in framing budget requests.
  (b) Commending with the fiscal budget for the year ending 
September 30, 1977, requests presented by the President to the 
Congress governing Forest Service activities shall express in 
qualitative and quantitative terms the extent to which the 
programs and policies projected under the budget meet the 
policies approved by the Congress in accordance with subsection 
(a) of this section. In any case in which such budget so 
presented recommends a course which fails to meet the policies 
so established, the President shall specifically set forth the 
reason or reasons for requesting the Congress to approve the 
lesser programs or policies presented. Amounts appropriated to 
carry out the policies approved in accordance with subsection 
(a) of this section shall be expended in accordance with the 
Congressional Budget and Impoundment Control Act of 1974, 
Public Law 93-344.
  (c) For the purpose of providing information that will aid 
Congress in its oversight responsibilities and improve the 
accountability of agency expenditures and activities, the 
[Secretary of Agriculture] Secretary shall prepare an annual 
report which evaluates the component elements of the Program 
required to be prepared by section 4 of this Act which shall be 
furnished to the Congress at the time of submission of the 
annual fiscal budget commencing with the third fiscal year 
after the enactment of their Act. With regard to the research 
component of the program, the report shall include, but not be 
limited to, a description of the status of major research 
programs, significant findings, and how these findings will be 
applied in National Forest System and in cooperative State and 
private Forest Service programs. With regard to the cooperative 
forestry assistance part of the Program, the report shall 
include, but not be limited to, a description of the status, 
accomplishments, needs, and work backlogs for the programs and 
activities conducted under the Cooperative Forestry Assistance 
Act of 1978.
  (d) These annual evaluation reports shall set forth progress 
in implementing the Program required to be prepared by section 
4 of this Act, together with accomplishments of the Program as 
they relate to the objectives of the Assessment. Objectives 
should be set forth in qualitative and quantitative terms and 
accomplishments should be reported accordingly. The report 
shall contain appropriate measurements of pertinent costs and 
benefits. The evaluation shall assess the balance between 
economic factors and environmental quality factors. Program 
benefits shall include, but not be limited to, environmental 
quality factors such as esthetics, public access, wildlife 
habitat, recreational and wilderness use, and economic factors 
such as the excess of cost savings over the value of foregone 
benefits and the rate of return on renewable resources.
  (e) The reports shall indicate plans for implementing 
corrective action and recommendations for new legislation where 
warranted.
  (f) The reports shall be structured for Congress in concise 
summary form with necessary detailed data in appendices.
  Sec. 9. National Forest System Program Elements.--The 
[Secretary of Agriculture] Secretary shall take such action as 
will assure that the development and administration of the 
renewable resources of the National Forest System are in full 
accord with the concepts for multiple use and sustained yield 
of products and services as set forth in the Multiple-Uses 
Sustained-Yield Act of 1960. To further these concepts, the 
Congress hereby sets the year 2000 as the target year when the 
renewable resources of the National Forest System shall be in 
an operating posture whereby all backlogs of needed treatment 
for their restoration shall be reduced to a current basis and 
the major portion of planned intensive multiple-use sustained-
yield management procedures shall be installed and operating on 
an environmentally-sound basis. The annual budget shall contain 
requests for funds for an orderly program to eliminate such 
backlogs: Provided, That when the Secretary finds that (1) the 
backlog of areas that will benefit by such treatment has been 
eliminated; (2) the cost of treating the remainder of such area 
exceeds the economic and environmental benefits to be secured 
from their treatment; or (3) the total supplies of the 
renewable resources of the United States are adequate to meet 
the future needs of the American people, the budget request for 
these elements of restoration may be adjusted accordingly.

           *       *       *       *       *       *       *

  Sec. 12. Renewable Resources.--In carrying out this Act, the 
[Secretary of Agriculture] Secretary shall utilize information 
and data available from other Federal, State, and private 
organizations and shall avoid duplication and overlap of 
resource assessment and program planning efforts of other 
Federal agencies. The term ``renewable resources'' shall be 
construed to involve those matters within the scope of 
responsibilities and authorities of the Forest Service on the 
date of this Act and on the date of enactment of any 
legislation amendatory or supplementary thereto.
  Sec. 13. Limitations on Timber Removal.--(a) [Secretary of 
Agriculture] Secretary shall limit the sale of timber from each 
national forest to a quantity equal to or less than a quantity 
which can be removed from such forest annually in perpetuity on 
a sustained-yield basis: Provided, That, in order to meet 
overall multiple-use objectives, the Secretary may establish an 
allowable sale quantity for any decade which departs from the 
projected long-term average sale quantity that would otherwise 
be established: Provided further, That any such planned 
departure must be consistent with the multiple-use management 
objectives of the land management plan. Plans for variations in 
the allowable sale quantity must be made with public 
participation as required by section 6(d) of this Act. In 
addition, within any decade, the Secretary may sell a quantity 
in excess of the annual allowable sale quantity established 
pursuant to this section in the case of any national forest so 
long as the average sale quantities of timber from such 
national forest over the decade covered by the plan do not 
exceed such quantity limitation. In those cases where a forest 
has less than two hundred thousand acres of commercial forest 
land, the Secretary may use two or more forests for purposes of 
determining the sustained yield.
  (b) Nothing in subsection (a) of this section shall prohibit 
the Secretary from salvage or sanitation harvesting of timber 
stands which are substantially damaged by fire, windthrow, or 
other catastrophe, or which are in imminent danger from insect 
or disease attack. The Secretary may either substitute such 
timber for timber that would otherwise be sold under the plan 
or, if not feasible, sell such timber over and above the plan 
volume.

           *       *       *       *       *       *       *

  Sec. 15. Regulations.--The [Secretary of Agriculture] 
Secretary shall prescribe such regulations as he determines 
necessary and desirable to carry out the provisions of this 
Act.

           *       *       *       *       *       *       *

                              ----------                              


FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

           *       *       *       *       *       *       *



TITLE II--LAND USE PLANNING; LAND ACQUISITION AND DISPOSITION

           *       *       *       *       *       *       *



                           land use planning

  Sec. 202. (a) The Secretary shall, with public involvement 
and consistent with the terms and conditions of this Act, 
develop, maintain, and, when appropriate, revise land use plans 
which provide by tracts or areas for the use of the public 
lands. Land use plans shall be developed for the public lands 
regardless of whether such lands previously have been 
classified, withdrawn, set aside, or otherwise designated for 
one or more uses.
  (b) In the development and revision of land use plans, the 
Secretary of Agriculture shall coordinate land use plans for 
lands in the National Forest System with the land use planning 
and management programs of and for Indian tribes by among other 
things, considering the policies of approved tribal land 
resource management programs.
  (c) In the development and revision of land use plans, the 
Secretary shall--
          (1) use and observe the principles of multiple use 
        and sustained yield set forth in this and other 
        applicable law;
          (2) use a systematic interdisciplinary approach to 
        achieve integrated consideration of physical, 
        biological, economic, and other sciences;
          (3) give priority to the designation and protection 
        of areas of critical environmental concern;
          (4) rely, to the extent it is available, on the 
        inventory of the public lands, their resources, and 
        other values;
          (5) consider present and potential uses of the public 
        lands;
          (6) consider the relative scarcity of the values 
        involved and the availability of alternative means 
        (including recycling) and sites for realization of 
        those values;
          (7) weigh long-term benefits to the public against 
        short-term benefits;
          (8) provide for compliance with applicable pollution 
        control laws, including State and Federal air, water, 
        noise, or other pollution standards or implementation 
        plans; and
          (9) to the extent consistent with the laws governing 
        the administration of the public lands, coordinate the 
        land use inventory, planning, and management activities 
        of or for such lands with the land use planning and 
        management programs of other Federal departments and 
        agencies and of the States and local governments within 
        which the lands are located, including, but not limited 
        to, the statewide outdoor recreation plans developed 
        under chapter 2003 of title 54, United States Code, and 
        of or for Indian tribes by, among other things, 
        considering the policies of approved State and tribal 
        land resource management programs. In implementing this 
        directive, the Secretary shall, to the extent he finds 
        practical, keep apprised of State, local, and tribal 
        land use plans; assure that consideration is given to 
        those State, local, and tribal plans that are germane 
        in the development of land use plans for public lands; 
        assist in resolving, to the extent practical, 
        inconsistencies between Federal and non-Federal 
        Governmental plans, and shall provide for meaningful 
        public involvement of State and local government 
        officials, both elected and appointed, in the 
        development of land use programs, land use regulations, 
        and land use decisions for public lands, including 
        early public notice of proposed decisions which may 
        have a significant impact on non-Federal lands. Such 
        officials in each State are authorized to furnish 
        advice to the Secretary with respect to the development 
        and revision of land use plans, land use guidelines, 
        land use rules, and land use regulations for the public 
        lands within such State and with respect to such other 
        land use matters as may be referred to them by him. 
        Land use plans of the Secretary under this section 
        shall be consistent with State and local plans to the 
        maximum extent he finds consistent with Federal law and 
        the purposes of this Act.
  (d) Any classification of public lands or any land use plan 
in effect on the date of enactment of this Act is subject to 
review in the land use planning process conducted under this 
section, and all public lands, regardless of classification, 
are subject to inclusion in any land use plan developed 
pursuant to this section. The Secretary may modify or terminate 
any such classification consistent with such land use plans.
  (e) The Secretary may issue management decisions to implement 
land use plans developed or revised under this section in 
accordance with the following:
          (1) Such decisions, including but not limited to 
        exclusions (that is, total elimination) of one or more 
        of the principal or major uses made by a management 
        decision shall remain subject to reconsideration, 
        modification, and termination through revision by the 
        Secretary or his delegate, under the provisions of this 
        section, of the land use plan involved.
          (2) Any management decision or action pursuant to a 
        management decision that excludes (that is, totally 
        eliminates) one or more of the principal or major uses 
        for two or more years with respect to a tract of land 
        of one hundred thousand acres or more shall be reported 
        by the Secretary to the House of Representatives and 
        the Senate. If within ninety days from the giving of 
        such notice (exclusive of days on which either House 
        has adjourned for more than three consecutive days), 
        the Congress adopts a concurrent resolution of 
        nonapproval of the management decision or action, then 
        the management decision or action shall be promptly 
        terminated by the Secretary. If the committee to which 
        a resolution has been referred during the said ninety 
        day period, has not reported it at the end of thirty 
        calendar days after its referral, it shall be in order 
        to either discharge the committee from further 
        consideration of such resolution or to discharge the 
        committee from consideration of any other resolution 
        with respect to the management decision or action. A 
        motion to discharge may be made only by an individual 
        favoring the resolution, shall be highly privileged 
        (except that it may not be made after the committee has 
        reported such a resolution), and debate thereon shall 
        be limited to not more than one hour, to be divided 
        equally between those favoring and those opposing the 
        resolution. An amendment to the motion shall not be in 
        order, and it shall not be in order to move to 
        reconsider the vote by which the motion was agreed to 
        or disagreed to. If the motion to discharge is agreed 
        to or disagreed to, the motion may not be made with 
        respect to any other resolution with respect to the 
        same management decision or action. When the committee 
        has reprinted, or has been discharged from further 
        consideration of a resolution, it shall at any time 
        thereafter be in order (even though a previous motion 
        to the same effect has been disagreed to) to move to 
        proceed to the consideration of the resolution. The 
        motion shall be highly privileged and shall not be 
        debatable. An amendment to the motion shall not be in 
        order, and it shall not be in order to move to 
        reconsider the vote by which the motion was agreed to 
        or disagreed to.
          (3) Withdrawals made pursuant to section 204 of this 
        Act may be used in carrying out management decisions, 
        but public lands shall be removed from or restored to 
        the operation of the Mining Law of 1872, as amended 
        (R.S. 2318-2352; 30 U.S.C. 21 et. seq.) or transferred 
        to another department, bureau, or agency only by 
        withdrawal action pursuant to section 204 or other 
        action pursuant to applicable law: Provided, That 
        nothing in this section shall prevent a wholly owned 
        Government corporation from acquiring and holding 
        rights as a citizen under the Mining Law of 1872.
  [(f) The Secretary] (f)  Public Involvement._
          (1) In general._The Secretary shall allow an 
        opportunity for public involvement and by regulation 
        shall establish procedures, including public hearings 
        where appropriate, to give Federal, State, and local 
        governments and the public, adequate notice and 
        opportunity to comment upon and participate in the 
        formulation of plans and programs relating to the 
        management of the public lands.
          (2) No additional consultation required after 
        approval of land use plans.--
                  (A) In general.--Notwithstanding any other 
                provision of law, the Secretary shall not be 
                required to engage in consultation under this 
                subsection or any other provision of law 
                (including section 7 of the Endangered Species 
                Act (16 U.S.C. 1536) and section 402.16 of 
                title 50, Code of Federal Regulations (or a 
                successor regulation)), with respect to--
                          (i) the listing of a species as 
                        threatened or endangered, or a 
                        designation of critical habitat, 
                        pursuant to the Endangered Species Act 
                        (16 U.S.C. 1531 et seq.), if a land use 
                        plan has been adopted by the Secretary 
                        as of the date of listing or 
                        designation; or
                          (ii) any provision of a land use plan 
                        adopted as described in clause (i).
                  (B) Effect of paragraph.--
                          (i) Definition of significant 
                        change.--In this subparagraph, the term 
                        ``significant change'' means a 
                        significant change within the meaning 
                        of section 219.13(b)(3) of title 36, 
                        Code of Federal Regulations (as in 
                        effect on the date of enactment of this 
                        subparagraph), except that--
                                  (I) any reference contained 
                                in that section to a land 
                                management plan shall be deemed 
                                to be a reference to a land use 
                                plan;
                                  (II) any reference contained 
                                in that section to the Forest 
                                Service shall be deemed to be a 
                                reference to the Bureau of Land 
                                Management; and
                                  (III) any reference contained 
                                in that section to the National 
                                Forest Management Act of 1976 
                                (Public Law 94-588; 90 Stat. 
                                2949) shall be deemed to be a 
                                reference to this Act.
                          (ii) Effect.--Nothing in this 
                        paragraph affects any applicable 
                        requirement of the Secretary to consult 
                        with the head of any other Federal 
                        department or agency--
                                  (I) regarding a project 
                                carried out, or proposed to be 
                                carried out, with respect to a 
                                species listed as threatened or 
                                endangered, or in an area 
                                designated as critical habitat, 
                                pursuant to the Endangered 
                                Species Act (16 U.S.C. 1531 et 
                                seq.); or
                                  (II) with respect to the 
                                development of a new land use 
                                plan or the revision of or 
                                other significant change to an 
                                existing land use plan.
          (3) Land use plan considered non-discretionary 
        action.--For purposes of the Endangered Species Act of 
        1973 (16 U.S.C. 1531 et seq.), a forest management 
        activity carried out by the Secretary concerned 
        pursuant to this Act shall be considered a non-
        discretionary action.

           *       *       *       *       *       *       *

                              ----------                              


ACT OF JUNE 9, 1930

           *       *       *       *       *       *       *


  Sec. 3. (a) [The Secretary of Agriculture may, when in his or 
her judgment such action will be in the public interest, 
require any purchaser] The Secretary of Agriculture shall 
require each purchaser of national-forest timber to make 
deposits of money, in addition to the payments for the timber, 
to cover the cost to the United States of (1) planting 
(including the production or purchase of young trees), (2) 
sowing with tree seeds (including the collection or purchase of 
such seeds), (3) cutting, destroying, or otherwise removing 
undesirable trees or other growth, on the national-forest land 
cut over by the purchaser, in order to improve the future stand 
of timber, (4) protecting and improving the future productivity 
of the renewable resources of the forest land on such sale 
area, including sale area improvement operations maintenance 
and construction, reforestation and wildlife habitat 
management, or (5) watershed restoration, wildlife habitat 
improvement, control of insects, disease and noxious weeds, 
community protection activities, and the maintenance of forest 
roads, within the Forest Service region in which the timber 
sale occurred: Provided, That such activities may be performed 
through the use of contracts, forest product sales, and 
cooperative agreements. [Such deposits]
  (b) Amounts deposited under subsection (a) shall be covered 
into the Treasury and shall constitute a special fund, which is 
hereby appropriated and made available until expended, to cover 
the cost to the United States of such tree planting, seed 
sowing, and forest improvement work, as the Secretary of 
Agriculture may direct: Provided, That any portion of any 
deposit found to be in excess of the cost of doing said work 
shall, upon the determination that it is so in excess, be 
transferred to miscellaneous receipts forest reserve fund, as a 
national-forest receipt of the fiscal year in which such 
transfer is made: Provide further, That the Secretary of 
Agriculture is authorized, upon application of the Secretary of 
the Interior, to furnish seedlings and/or young trees for 
replanting of burned-over areas in any national park.
  (c)(1) Amounts in the special fund established pursuant to 
this section--
          (A) shall be used exclusively to implement activities 
        authorized by subsection (a); and
          (B) may be used anywhere within the Forest Service 
        Region from which the original deposits were collected.
  (2) The Secretary of Agriculture may not deduct overhead 
costs from the funds collected under subsection (a), except as 
needed to fund personnel of the responsible Ranger District for 
the planning and implementation of the activities authorized by 
subsection (a).
  [(c)] (d) Any portion of the balance at the end of a fiscal 
year in the special fund established pursuant to this section 
that the Secretary of Agriculture determines to be in excess of 
the cost of doing work described in subsection (a) (as well as 
any portion of the balance in the special fund that the 
Secretary determined, before October 1, 2004, to be excess of 
the cost of doing work described in subsection (a), but which 
has not been transferred by that date) shall be transferred to 
miscellaneous receipts, National Forest Fund, as a National 
Forest receipt, but only if the Secretary also determines 
that--
          (1) the excess amounts will not be needed for 
        emergency wildfire suppression during the fiscal year 
        in which the transfer would be made; and
          (2) the amount to be transferred to miscellaneous 
        receipts, National Forest Fund, exceeds the outstanding 
        balance of unreimbursed funds transferred from the 
        special fund in prior fiscal years for wildfire 
        suppression.
                              ----------                              


AGRICULTURAL ACT OF 2014

           *       *       *       *       *       *       *



TITLE VIII--FORESTRY

           *       *       *       *       *       *       *


Subtitle C--Reauthorization of Other Forestry-Related Laws

           *       *       *       *       *       *       *


SEC. 8206. GOOD NEIGHBOR AUTHORITY.

  (a) Definitions.--In this section:
          (1) Authorized restoration services.--The term 
        ``authorized restoration services'' means similar and 
        complementary forest, rangeland, and watershed 
        restoration services carried out--
                  (A) on Federal land and non-Federal land; and
                  (B) by either the Secretary or a Governor 
                pursuant to a good neighbor agreement.
          (2) Federal land.--
                  (A) In general.--The term ``Federal land'' 
                means land that is--
                          (i) National Forest System land; or
                          (ii) public land (as defined in 
                        section 103 of the Federal Land Policy 
                        and Management Act of 1976 (43 U.S.C. 
                        1702)).
                  (B) Exclusions.--The term ``Federal land'' 
                does not include--
                          (i) a component of the National 
                        Wilderness Preservation System;
                          (ii) Federal land on which the 
                        removal of vegetation is prohibited or 
                        restricted by Act of Congress or 
                        Presidential proclamation (including 
                        the applicable implementation plan); or
                          (iii) a wilderness study area.
          (3) Forest, rangeland, and watershed restoration 
        services.--
                  (A) In general.--The term ``forest, 
                rangeland, and watershed restoration services'' 
                means--
                          (i) activities to treat insect- and 
                        disease-infected trees;
                          (ii) activities to reduce hazardous 
                        fuels; [and]
                          (iii) construction, reconstruction, 
                        repair or restoration of roads as 
                        necessary to achieve project 
                        objectives; and
                          [(iii)] (iv) any other activities to 
                        restore or improve forest, rangeland, 
                        and watershed health, including fish 
                        and wildlife habitat.
                  [(B) Exclusions.--The term ``forest, 
                rangeland, and watershed restoration services'' 
                does not include--
                          [(i) construction, reconstruction, 
                        repair, or restoration of paved or 
                        permanent roads or parking areas; or
                          [(ii) construction, alteration, 
                        repair or replacement of public 
                        buildings or works.]
                  (B) Exclusions.--The term ``forest, 
                rangeland, and watershed restoration services'' 
                does not include construction, alteration, 
                repair or replacement of public buildings or 
                works.
          (4) Good neighbor agreement.--The term ``good 
        neighbor agreement'' means a cooperative agreement or 
        contract (including a sole source contract) entered 
        into between the Secretary and a Governor to carry out 
        authorized restoration services under this section.
          (5) Governor.--The term ``Governor'' means the 
        Governor or any other appropriate executive official of 
        an affected State or the Commonwealth of Puerto Rico.
          (6) Road.--The term ``road'' has the meaning given 
        the term in section 212.1 of title 36, Code of Federal 
        Regulations (as in effect on the date of enactment of 
        this Act).
          (7) Secretary.--The term ``Secretary'' means--
                  (A) the Secretary of Agriculture, with 
                respect to National Forest System land; and
                  (B) the Secretary of the Interior, with 
                respect to Bureau of Land Management land.
  (b) Good Neighbor Agreements.--
          (1) Good neighbor agreements.--
                  (A) In general.--The Secretary may enter into 
                a good neighbor agreement with a Governor to 
                carry out authorized restoration services in 
                accordance with this section.
                  (B) Public availability.--The Secretary shall 
                make each good neighbor agreement available to 
                the public.
          (2) Timber sales.--
                  (A) In general.--Subsections (d) and (g) of 
                section 14 of the National Forest Management 
                Act of 1976 (16 U.S.C. 472a(d) and (g)) shall 
                not apply to services performed under a 
                cooperative agreement or contract entered into 
                under subsection (a).
                  (B) Approval of silviculture prescriptions 
                and marking guides.--The Secretary shall 
                provide or approve all silviculture 
                prescriptions and marking guides to be applied 
                on Federal land in all timber sale projects 
                conducted under this section.
          (3) Retention of nepa responsibilities.--Any decision 
        required to be made under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 
        respect to any authorized restoration services to be 
        provided under this section on Federal land shall not 
        be delegated to a Governor.

           *       *       *       *       *       *       *

                              ----------                              


FAIR LABOR STANDARDS ACT OF 1938

           *       *       *       *       *       *       *



                              definitions

  Sec. 3. As used in this Act--
  (a) ``Person'' means an individual, partnership, association, 
corporation, business trust, legal representative, or any 
organized group of persons.
  (b) ``Commerce'' means trade, commerce, transportation, 
transmission, or communication among the several States or 
between any State and any place outside thereof.
  (c) ``State'' means any State of the United States or the 
District of Columbia or any Territory or possession of the 
United States.
  (d) ``Employer'' includes any person acting directly or 
indirectly in the interest of an employer in relation to an 
employee and includes a public agency, but does not include any 
labor organization (other than when acting as an employer) or 
anyone acting in the capacity of officer or agent of such labor 
organization.
  (e)(1) Except as provided in paragraphs (2), (3), and (4), 
the term ``employee'' means any individual employed by an 
employer.
  (2) In the case of an individual employed by a public agency, 
such term means--
          (A) any individual employed by the Government of the 
        United States--
                  (i) as a civilian in the military departments 
                (as defined in section 102 of title 5, United 
                States Code),
                  (ii) in any executive agency (as defined in 
                section 105 of such title),
                  (iii) in any unit of the judicial branch of 
                the Government which has positions in the 
                competitive service,
                  (iv) in a nonappropriated fund 
                instrumentality under the jurisdiction of the 
                Armed Forces,
                  (v) in the Library of Congress, or
                  (vi) the Government Printing Office;
          (B) any individual employed by the United States 
        Postal Service or the Postal Rate Commission; and
          (C) any individual employed by a State, political 
        subdivision of a State, or an interstate governmental 
        agency, other than such an individual--
                  (i) who is not subject to the civil service 
                laws of the State, political subdivision, or 
                agency which employs him; and
                  (ii) who--
                          (I) holds a public elective office of 
                        that State, political subdivision, or 
                        agency,
                          (II) is selected by the holder of 
                        such an office to be a member of his 
                        personal staff,
                          (III) is appointed by such an 
                        officeholder to serve on a policymaking 
                        level,
                          (IV) is an immediate adviser to such 
                        an officeholder with respect to the 
                        constitutional or legal powers of his 
                        office, or
                          (V) is an employee in the legislative 
                        branch or legislative body of that 
                        State, political subdivision, or agency 
                        and is not employed by the legislative 
                        library of such State, political 
                        subdivision, or agency.
  (3) For purposes of subsection (u), such term does not 
include any individual employed by an employer engaged in 
agriculture if such individual is the parent, spouse, child, or 
other member of the employer's immediate family.
  (4)(A) The term ``employee'' does not include any individual 
who volunteers to perform services for a public agency which is 
a State, a political subdivision of a State, or an interstate 
governmental agency, if--
          (i) the individual receives no compensation or is 
        paid expenses, reasonable benefits, or a nominal fee to 
        perform the services for which the individual 
        volunteered; and
          (ii) such services are not the same type of services 
        which the individual is employed to perform for such 
        public agency.
  (B) An employee of a public agency which is a State, 
political subdivision of a State, or an interstate governmental 
agency may volunteer to perform services for any other State, 
political subdivision, or interstate governmental agency, 
including a State, political subdivision or agency with which 
the employing State, political subdivision, or agency has a 
mutual aid agreement.
  (5) The term ``employee'' does not include individuals who 
volunteer their services solely for humanitarian purposes to 
private non-profit food banks and who receive from the food 
banks groceries.
  (f) ``Agriculture'' includes farming in all its branches and 
among other things includes the cultivation and tillage of the 
soil, dairying, the production, cultivation, growing, and 
harvesting of any agricultural or horticultural commodities 
(including commodities defined as agricultural commodities in 
section 15(g) of the Agricultural Marketing Act, as amended), 
the raising of livestock, bees, fur-bearing animals, or 
poultry, and any practices (including any forestry or lumbering 
operations) performed by a farmer or on a farm as an incident 
to or in conjunction with such farming operations, including 
preparation for market, delivery to storage or to market or to 
carriers for transportation to market.
  (g) ``Employ'' includes to suffer or permit to work.
  (h) ``Industry'' means a trade, business, industry, or other 
activity, or branch or group thereof, in which individuals are 
gainfully employed.
  (i) ``Goods'' means goods (including ships and marine 
equipment), wares, products, commodities, merchandise, or 
articles or subjects of commerce of any character, or any part 
or ingredient thereof, but does not include goods after their 
delivery into the actual physical possession of the ultimate 
consumer thereof other than a producer, manufacturer, or 
processor thereof.
  (j) ``Producer'' means produced, manufactured, mined, 
handled, or in any manner worked on in any State; and for the 
purposes of this Act an employee shall be deemed to have been 
engaged in the production of goods if such employee was 
employed in producing, manufacturing, mining, handling, 
transporting, or in any other manner working on such goods, or 
in any closely related process or occupation directly essential 
to the production thereof, in any State.
  (k) ``Sale'' or ``sell'' includes any sale, exchange, 
contract to sell, consignment for sale, shipment for sale, or 
other disposition.
  (l) ``Oppressive child labor'' means a condition of 
employment under which (1) any employee under the age of 
sixteen years is employed by an employer (other than a parent 
or a person standing in place of a parent employing his own 
child or a child in his custody under the age of sixteen years 
in an occupation other than manufacturing or mining or an 
occupation found by the Secretary of Labor to be particularly 
hazardous for the employment of children between the ages of 
sixteen and eighteen years or detrimental to their health or 
well-being) in any occupation, or (2) any employee between the 
ages of sixteen and eighteen years is employed by an employer 
in any occupation which the Secretary of Labor shall find and 
by order declare to be particularly hazardous for the 
employment of children between such ages or detrimental to 
their health or well-being; but oppressive child labor shall 
not be deemed to exist by virture of the employment in any 
occupation of any person with respect to whom the employer 
shall have on file an unexpired certificate issued and held 
pursuant to regulations of the Secretary of Labor certifying 
that such person is above the oppressive child labor age. The 
Secretary of Labor shall provide by regulation or by order that 
the employment of employees between the ages of fourteen and 
sixteen years in occupations other than manufacturing and 
mining shall not be deemed to constitute oppressive child labor 
if and to the extent that the Secretary of Labor determines 
that such employment is confined to periods which will not 
interfere with their schooling and to conditions which will not 
interfere with their health and [well-being.] well-being, and 
that employment of employees ages sixteen or seventeen years in 
a logging or mechanized operation in an occupation that the 
Secretary of Labor finds and declares to be particularly 
hazardous for the employment of individuals of such ages shall 
not be deemed to constitute oppressive child labor if such 
employee is employed by his parent or by a person standing in 
the place of his parent in a logging or mechanized operation 
owned or operated by such parent or person.
  (m) ``Wage'' paid to any employee includes the reasonable 
cost, as determined by the Secretary of Labor, to the employer 
of furnishing such employee with board, lodging, or other 
facilities, if such board, lodging, or other facilities are 
customarily furnished by such employer to his employees: 
Provided, That the cost of board, lodging, or other facilities 
shall not be included as a part of the wage paid to any 
employee to the extent it is excluded therefrom under the terms 
of a bona fide collective-bargaining agreement applicable to 
the particular employee: Provided further, That the Secretary 
is authorized to determine the fair value of such board, 
lodging, or other facilities for defined classes of employees 
and in defined areas, based on average cost to the employer or 
to groups of employers similarly situated, or average value to 
groups of employees, or other appropriate measures of fair 
value. Such evaluations, where applicable and pertinent, shall 
be used in lieu of actual measure of cost in determining the 
wage paid to any employee. In determining the wage an employer 
is required to pay a tipped employee, the amount paid such 
employee by the employee's employer shall be an amount equal 
to--
          (1) the cash wage paid such employee which for 
        purposes of such determination shall be not less than 
        the cash wage required to be paid such an employee on 
        the date of the enactment of this paragraph; and
          (2) an additional amount on account of the tips 
        received by such employee which amount is equal to the 
        difference between the wage specified in paragraph (1) 
        and the wage in effect under section 6(a)(1).
The additional amount on account of tips may not exceed the 
value of the tips actually received by an employee. The 
preceding 2 sentences shall not apply with respect to any 
tipped employee unless such employee has been informed by the 
employer of the provisions of this subsection, and all tips 
received by such employee have been retained by the employee, 
except that this subsection shall not be construed to prohibit 
the pooling of tips among employees who customarily and 
regularly receive tips.
  (n) ``Resale'' shall not include the sale of goods to be used 
in residential or farm building construction, repair, or 
maintenance: Provided, That the sale is recognized as a bona 
fide retail sale in the industry.
  (o) Hours Worked.--In determining for the purposes of 
sections 6 and 7 the hours for which an employee is employed, 
there shall be excluded any time spent in changing clothes or 
washing at the beginning or end of each workday which was 
excluded from measured working time during the week involved by 
the express terms of or by custom or practice under a bona fide 
collective-bargaining agreement applicable to the particular 
employee.
  (p) ``American vessel'' includes any vessel which is 
documented or numbered under the laws of the United States.
  (q) ``Secretary'' means the Secretary of Labor.
  (r)(1) ``Enterprise'' means the related activities performed 
(either through unified operation or common control) by any 
person or persons for a common business purpose, and includes 
all such activities whether performed in one or more 
establishments or by one or more corporate or other 
organizational units including departments of an establishment 
operated through leasing arrangements, but shall not include 
the related activities performed for such enterprise by an 
independent contractor. Within the meaning of this subsection, 
a retail or service establishment which is under independent 
ownership shall not be deemed to be so operated or controlled 
as to be other than a separate and distinct enterprise by 
reason of any arrangement, which includes, but is not 
necessarily limited to, an agreement, (A) that it will sell, or 
sell only, certain goods specified by a particular 
manufacturer, distributor, or advertiser, or (B) that it will 
join with other such establishments in the same industry for 
the purpose of collective purchasing, or (C) that it will have 
the exclusive rights to sell the goods or use the brand name of 
a manufacturer, distributor, or advertiser within a specified 
area, or by reason of the fact that it occupies premises leased 
to it by a person who also leases premises to other retail or 
service establishments.
  (2) For purposes of paragraph (1), the activities performed 
by any person or persons--
          (A) in connection with the operation of a hospital, 
        an institution primarily engaged in the care of the 
        sick, the aged, the mentally ill or defective who 
        reside on the premises of such institution, a school 
        for mentally or physicially handicapped or gifted 
        children, a preschool, elementary or secondary school, 
        or an institution of higher education (regardless of 
        whether or not such hospital, institution, or school is 
        operated for profit or not for profit), or
          (B) in connection with the operation of a street, 
        suburban or interurban electric railway, or local 
        trolley or motorbus carrier, if the rates and services 
        of such railway or carrier are subject to regulation by 
        a State or local agency (regardless of whether or not 
        such railway or carrier is public or private or 
        operated for profit or not for profit), or
          (C) in connection with the activities of a public 
        agency.
shall be deemed to be activities performed for a business 
purpose.
  (s)(1) ``Enterprise engaged in commerce or in the production 
of goods for commerce'' means an enterprise that--
          (A)(i) has employees engaged in commerce or in the 
        production of goods for commerce, or that has employees 
        handling, selling, or otherwise working on goods or 
        materials that have been moved in or produced for 
        commerce by any person; and
          (ii) is an enterprise whose annual gross volume of 
        sales made or business done is not less than $500,000 
        (exclusive of excise taxes at the retail level that are 
        separately stated);
          (B) is engaged in the operation of a hospital, an 
        institution primarily engaged in the care of the sick, 
        the aged, or the mentally ill or defective who reside 
        on the premises of such institution, a school for 
        mentally or physically handicapped or gifted children, 
        a preschool, elementary or secondary school, or an 
        institution of higher education (regardless of whether 
        or not such hospital, institution, or school is public 
        or private or operated for profit or not for profit); 
        or
          (C) is an activity of a public agency.
  (2) Any establishment that has as its only regular employees 
the owner thereof or the parent, spouse, child, or other member 
of the immediate family of such owner shall not be considered 
to be an enterprise engaged in commerce or in the production of 
goods for commerce or a part of such an enterprise. The sales 
of such an establishment shall not be included for the purpose 
of determining the annual gross volume of sales of any 
enterprise for the purpose of this subsection.
  (t) ``Tipped employee'' means any employee engaged in an 
occupation in which he customarily and regularly receives more 
than $30 a month in tips.
  (u) ``Man-day'' means any day during which an employee 
performs any agricultural labor for not less than one hour.
  (v) ``Elementary school'' means a day or residential school 
which provides elementary education, as determined under State 
law.
  (w) ``Secondary school'' means a day or residential school 
which provides secondary education, as determined under State 
law.
  (x) ``Public agency'' means the Government of the United 
States; the government of a State or political subdivision 
thereof; any agency of the United States (including the United 
States Postal Service and Postal Rate Commission), a State, or 
a political subdivision of a State; or any interstate 
governmental agency.
  (y) ``Employee in fire protection activities'' means an 
employee, including a firefighter, paramedic, emergency medical 
technician, rescue worker, ambulance personnel, or hazardous 
materials worker, who--
          (1) is trained in fire suppression, has the legal 
        authority and responsibility to engage in fire 
        suppression, and is employed by a fire department of a 
        municipality, county, fire district, or State; and
          (2) is engaged in the prevention, control, and 
        extinguishment of fires or response to emergency 
        situations where life, property, or the environment is 
        at risk.
  (z)(1) ``Logging''--
          (A) means--
                  (i) the felling, skidding, yarding, loading 
                and processing of timber by equipment other 
                than manually operated chainsaws and cable 
                skidders;
                  (ii) the felling of timber in mechanized 
                operations;
                  (iii) the bucking or converting of timber 
                into logs, poles, ties, bolts, pulpwood, 
                chemical wood, excelsior wood, cordwood, fence 
                posts, or similar products;
                  (iv) the collecting, skidding, yarding, 
                loading, transporting and unloading of such 
                products in connection with logging;
                  (v) the constructing, repairing and 
                maintaining of roads or camps used in 
                connection with logging; the constructing, 
                repairing, and maintenance of machinery or 
                equipment used in logging; and
                  (vi) other work performed in connection with 
                logging; and
          (B) does not include the manual use of chain saws to 
        fell and process timber and the use of cable skidders 
        to bring the timber to the landing.
  (2) ``Mechanized operation''--
          (A) means the felling, skidding, yarding, loading and 
        processing of timber by equipment other than manually 
        operated chainsaws and cable skidders; and
          (B) includes whole tree processors, cut-to-length 
        processors, stroke boom delimbers, wheeled and track 
        feller-bunchers, pull thru delimbers, wheeled and track 
        forwarders, chippers, grinders, mechanical debarkers, 
        wheeled and track grapple skidders, yarders, 
        bulldozers, excavators, and log loaders.

           *       *       *       *       *       *       *


                               exemptions

  Sec. 13. (a) The provisions of sections 6 (except section 
6(d) in the case of paragraph (1) of this subsection) and 7 
shall not apply with respect to--
          (1) any employee employed in a bona fide executive, 
        administrative, or professional capacity (including any 
        employee employed in the capacity of academic 
        administrative personnel or teacher in elementary or 
        secondary schools), or in the capacity of outside 
        salesman (as such terms are defined and delimited from 
        time to time by regulations of the Secretary, subject 
        to the provisions of the Administrative Procedure Act, 
        except that an employee of a retail or service 
        establishment shall not be excluded from the definition 
        of employee employed in a bona fide executive or 
        administrative capacity because of the number of hours 
        in his workweek which he devotes to activities not 
        directly or closely related to the performance of 
        executive or administrative activities, if less than 40 
        per centum of his hours worked in the workweek are 
        devoted to such activities); or
          (3) any employee employed by an establishment which 
        is an amusement or recreational establishment, 
        organized camp, or religious or non-profit educational 
        conference center, if (A) it does not operate for more 
        than seven months in any calendar year, or (B) during 
        the preceding calendar year, its average receipts for 
        any six months of such year were not more than 33\1/3\ 
        per centum of its average receipts for the other six 
        months of such year, except that the exemption from 
        sections 6 and 7 provided by this paragraph does not 
        apply with respect to any employee of a private entity 
        engaged in providing services or facilities (other 
        than, in the case of the exemption from section 6, a 
        private entity engaged in providing services and 
        facilities directly related to skiing) in a national 
        park or a national forest, or on land in the National 
        Wildlife Refuge System, under a contract with the 
        Secretary of the Interior or the Secretary of 
        Agriculture; or
          (5) any employee employed in the catching, taking, 
        propagating, harvesting, cultivating, or farming of any 
        kind of fish, shellfish, crustacea, sponges, seaweeds, 
        or other acquatic forms of animal and vegetable life, 
        or in the first processing, canning or packing such 
        marine products at sea as an incident to, or in 
        conjunction with, such fishing operations, including 
        the going to and returning from work and loading and 
        unloading when performed by any such employee; or
          (6) any employee employed in agriculture (A) if such 
        employee is employed by an employer who did not, during 
        any calendar quarter during the preceding calendar 
        year, use more than five hundred man-days of 
        agricultural labor, (B) if such employee is the parent, 
        spouse, child, or other member of his employer's 
        immediate family, (C) if such employee (i) is employed 
        as a hand harvest laborer and is paid on a piece rate 
        basis in an operation which has been, and is 
        customarily and generally recognized as having been, 
        paid on a piece rate basis in the region of employment, 
        (ii) commutes daily from his permanent residence to the 
        farm on which he is so employed, and (iii) has been 
        employed in agriculture less than thirteen weeks during 
        the preceding calendar year, (D) if such employee 
        (other than an employee described in clause (C) of this 
        subsection) (i) is sixteen years of age or under and is 
        employed as a hand harvest laborer, is paid on a piece 
        rate basis in an operation which has been, and is 
        customarily and generally recognized as having been, 
        paid on a piece rate basis in the region of employment, 
        (ii) is employed on the same farm as his parent or 
        person standing in the place of his parent, and (iii) 
        is paid at the same piece rate as employees over age 
        sixteen are paid on the same farm, or (E) if such 
        employee is principally engaged in the range production 
        of livestock; or
          (7) any employee to the extent that such employee is 
        exempted by regulations, order, or certificate of the 
        Secretary issued under section 14; or
          (8) any employee employed in connection with the 
        publication of any weekly, semiweekly, or daily 
        newspaper with a circulation of less than four thousand 
        the major part of which circulation is within the 
        county where published or counties contiguous thereto; 
        or
          (10) any switchboard operator employed by an 
        independently owned public telephone company which has 
        not more than seven hundred and fifty stations; or
          (12) any employee, employed as a seaman on a vessel 
        other than an American vessel; or
          (15) any employee employed on a casual basis in 
        domestic service employment to provide babysitting 
        services or any employee employed in domestic service 
        employment to provide companionship services for 
        individuals who (because of age or infirmity) are 
        unable to care for themselves (as such terms are 
        defined and delimited by regulations of the Secretary); 
        or
          (16) a criminal investigator who is paid availability 
        pay under section 5545a of title 5, United States Code;
          (17) any employee who is a computer systems analyst, 
        computer programmer, software engineer, or other 
        similarly skilled worker, whose primary duty is--
                  (A) the application of systems analysis 
                techniques and procedures, including consulting 
                with users, to determine hardware, software, or 
                system functional specifications;
                  (B) the design, development, documentation, 
                analysis, creation, testing, or modification of 
                computer systems or programs, including 
                prototypes, based on and related to user or 
                system design specifications;
                  (C) the design, documentation, testing, 
                creation, or modification of computer programs 
                related to machine operating systems; or
                  (D) a combination of duties described in 
                subparagraphs (A), (B), and (C) the performance 
                of which requires the same level of skills, and
        who, in the case of an employee who is compensated on 
        an hourly basis, is compensated at a rate of not less 
        than $27.63 an hour; or
          (18) any employee who is a border patrol agent, as 
        defined in section 5550(a) of title 5, United States 
        Code.
  (b) The provisions of section 7 shall not apply with respect 
to--
          (1) any employee with respect to whom the Secretary 
        of Transportation has power to establish qualifications 
        and maximum hours of service pursuant to the provisions 
        of section 204 of the Motor Carrier Act, 1935; or
          (2) any employee of an employer engaged in the 
        operation of a rail carrier subject to part A of 
        subtitle IV of title 49, United States Code; or
          (3) any employee of a carrier by air subject to the 
        provisions of title II of the Railway Labor Act; or
          (5) any individual employed as an outside buyer of 
        poultry, eggs, cream, or milk, in their raw or natural 
        state; or
          (6) any employee employed as a seaman; or
          (9) any employee employed as an announcer, news 
        editor, or chief engineer by a radio or television 
        station the major studio of which is located (A) in a 
        city or town of one hundred thousand population or 
        less, according to the latest available decennial 
        census figures as complied by the Bureau of the Census, 
        except where such city or town is part of a standard 
        metropolitan statistical area, as defined and 
        designated by the Bureau of the Budget, which has a 
        total population in excess of one hundred thousand, or 
        (B) in a city or town or twenty-five thousand 
        population or less, which is part of such an area but 
        is at least 40 airline miles from the principal city in 
        such area; or
          (10) A any salesman, partsman, or mechanic primarily 
        engaged in selling or servicing automobiles, trucks, or 
        farm implements, if he is employed by a 
        nonmanufacturing establishment primarily engaged in the 
        business of selling such vehicles or implements to 
        utlimate purchasers; or
          (B) any salesman primarily engaged in selling 
        trailers, boats, or aircraft, if he is employed by a 
        nonmanufacturing establishment primarily engaged in the 
        business of selling trailers, boats, or aircraft to 
        ultimate purchasers; or
          (11) any employee employed as a driver or drivers' 
        helper making local deliveries, who is compensated for 
        such employment on the basis of trip rates, or other 
        delivery payment plan, if the Secretary shall find that 
        such plan has the general purpose and effect of 
        reducing hours worked by such employees to, or below, 
        the maximum workweek applicable to them under section 
        7(a); or
          (12) any employee employed in agriculture or in 
        connection with the operation or maintenance of 
        ditches, canals, reservoirs, or waterways, not owned or 
        operated for profit, or operated on a sharecrop basis, 
        and which are used exclusively for supply and storing 
        of water, at least 90 percent of which was ultimately 
        delivered for agricultural purposes during the 
        preceding calendar year; or
          (13) any employee with respect to his employment in 
        agriculture by a farmer, notwithstanding other 
        employment of such employee in connection with 
        livestock auction operations in which such farmer is 
        engaged as an adjunct to the raising of livestock, 
        either on his own account or in conjunction with other 
        farmers, if such employee (A) is primarily employed 
        during his workweek in agriculture by such farmer, and 
        (B) is paid for his employment in connection with such 
        livestock auction operations at a wage rate not less 
        than that prescribed by section 6(a)(1); or
          (14) any employee employed within the area of 
        production (as defined by the Secretary) by an 
        establishment commonly recognized as a country 
        elevator, including such an establishment which sells 
        products and services used in the operation of a farm, 
        if no more than five employees are employed in the 
        establishment in such operations; or
          (15) any employee engaged in the processing of maple 
        sap into sugar (other than refined sugar) or syrup; or
          (16) any employee engaged (A) in the transportation 
        and preparation for transportation of fruits or 
        vegetables, whether or not performed by the farmer, 
        from the farm to a place of first processing or first 
        marketing within the same State, or (B) in 
        transportation, whether or not performed by the farmer, 
        between the farm and any point within the same State of 
        persons employed or to be employed in the harvesting of 
        fruits or vegetables; or
          (17) any driver employed by an employer engaged in 
        the business of operating taxicabs; or
          (20) any employee of a public agency who in any 
        workweek is employed in fire protection activities or 
        any employee of a public agency who in any workweek is 
        employed in law enforcement activities (including 
        security personnel in correctional institutions), if 
        the public agency employs during the workweek less than 
        5 employees in fire protection or law enforcement 
        activities, as the case may be; or
          (21) any employee who is employed in domestic service 
        in a household and who resides in such household; or
          (24) any employee who is employed with his spouse by 
        a nonprofit educational institution to serve as the 
        parents of children--
                  (A) who are orphans or one of whose natural 
                parents is decreased, or
                  (B) who are enrolled in such institution and 
                reside in residential factilities of the 
                institution.
        while such children are in residence at such 
        institution, if such employee and his spouse reside in 
        such facilities, receive, without cost, board and 
        lodging from such institution, and are together 
        compensated, on a cash basis, at an annual rate of not 
        less than $10,000; or
          (27) any employee employed by an establishment which 
        is a motion picture theater; or
          (28) any employee employed in planting or tending 
        trees, cruising, surveying, or felling timber, or in 
        preparing, or transporting logs or other forestry 
        products to the mill, processing plant, railroad, or 
        other transportation terminal, if the number of 
        employees employed by his employer in such forestry or 
        lumbering operations does not exceed eight;
          (29) any employee of an amusement or recreational 
        establishment located in a national park or national 
        forest or on land in the National Wildlife Refuge 
        System if such employee (A) is an employee of a private 
        entity engaged in providing services or facilities in a 
        national park or national forest, or on land in the 
        National Wildlife Refuge System, under a contract with 
        the Secretary of the Interior or the Secretary of 
        Agriculture, and (B) receives compensation for 
        employment in excess of fifty-six hours in any workweek 
        at a rate not less than one and one-half times the 
        regular rate at which he is employed; or
          (30) a criminal investigator who is paid availability 
        pay under section 5545a of title 5, United States Code.
  (c)(1) Except as provided in paragraph (2) or (4), the 
provisions of section 12 relating to child labor shall not 
apply to any employee employed in agriculture outside of school 
hours for the school district where such employee is living 
while he is so employed, if such employee--
          (A) is less than twelve years of age and (i) is 
        employed by his parent, or by a person standing in the 
        place of his parent, on a farm owned or operated by 
        such parent or person, or (ii) is employed with the 
        consent of his parent or person standing in the place 
        of his parent, on a farm, none of the employees of 
        which are (because of section 13(a)(6)(A)) required to 
        be paid at the wage rate prescribed by section 6(a)(5),
          (B) is twelve years or thirteen years of age and (i) 
        such employment is with the consent of his parent or 
        person standing in the place of his parent, or (ii) his 
        parent or such person is employed on the same farm as 
        such employee, or
          (C) is fourteen years of age or older.
  (2) The provisions of section 12 relating to child labor 
shall apply to an employee below the age of sixteen employed in 
agriculture in an occupation that the Secretary of Labor finds 
and declares to be particularly hazardous for the employment of 
children below the age of sixteen, except where such employee 
is employed by his parent or by a person standing in the place 
of his parent on a farm owned or operated by such parent or 
person.
  (3) The provisions of section 12 relating to child labor 
shall not apply to any child employed as an actor or performer 
in motion pictures or theatrical productions, or in radio or 
television productions.
  (4)(A) An employer or group of employers may apply to the 
Secretary for a waiver of the application of section 12 to the 
employment for not more than eight weeks in any calendar year 
of individuals who are less than twelve years of age, but not 
less than ten years of age, as hand harvest laborers in an 
agricultural operation which has been, and is customarily and 
generally recognized as being, paid on a piece rate basis in 
the region in which such individuals would be employed. The 
Secretary may not grant such a waiver unless he finds, based on 
objective data submitted by the applicant, that--
          (i) the crop to be harvested is one with a 
        particularly short harvesting season and the 
        application of section 12 would cause severe economic 
        disruption in the industry of the employer or group of 
        employers applying for the wavier;
          (ii) the employment of the individuals to whom the 
        waiver would apply would not be deleterious to their 
        health or well-being;
          (iii) the level and type of pesticides and other 
        chemicals used would not have an adverse effect on the 
        health or well-being of the individuals to whom the 
        waiver would apply;
          (iv) individuals age twelve and above are not 
        available for such employment; and
          (v) the industry of such employer or group of 
        employers has traditionally and substantially employed 
        individuals under twelve years of age without 
        displacing substantial job opportunities for 
        individuals over sixteen years of age.
  (B) Any waiver granted by the Secretary under subparagraph 
(A) shall require that--
          (i) the individuals employed under such waiver be 
        employed outside of school hours for the school 
        district where they are living while so employed;
          (ii) such individuals while so employed commute daily 
        from their permanent residence to the farm on which 
        they are so employed; and
          (iii) such individuals be employed under such waiver 
        (I) for not more than eight weeks between June 1 and 
        October 15 of any calendar year, and (II) in accordance 
        with such other terms and conditions as the Secretary 
        shall prescribe for such individuals' protection.
  (5)(A) In the administration and enforcement of the child 
labor provisions of this Act, employees who are 16 and 17 years 
of age shall be permitted to load materials into, but not 
operate or unload materials from, scrap paper balers and paper 
box compactors--
          (i) that are safe for 16- and 17-year-old employees 
        loading the scrap paper balers or paper box compactors; 
        and
          (ii) that cannot be operated while being loaded.
  (B) For purposes of subparagraph (A), scrap paper balers and 
paper box compactors shall be considered safe for 16- or 17-
year-old employees to load only if--
          (i)(I) the scrap paper balers and paper box 
        compactors meet the American National Standards 
        Institute's Standard ANSI Z245.5-1990 for scrap paper 
        balers and Standard ANSI Z245.2-1992 for paper box 
        compactors; or
          (II) the scrap paper balers and paper box compactors 
        meet an applicable standard that is adopted by the 
        American National Standards Institute after the date of 
        enactment of this paragraph and that is certified by 
        the Secretary to be at least as protective of the 
        safety of minors as the standard described in subclause 
        (I);
          (ii) the scrap paper balers and paper box compactors 
        include an on-off switch incorporating a key-lock or 
        other system and the control of the system is 
        maintained in the custody of employees who are 18 years 
        of age or older;
          (iii) the on-off switch of the scrap paper balers and 
        paper box compactors is maintained in an off position 
        when the scrap paper balers and paper box compactors 
        are not in operation; and
          (iv) the employer of 16- and 17-year-old employees 
        provides notice, and posts a notice, on the scrap paper 
        balers and paper box compactors stating that--
                  (I) the scrap paper balers and paper box 
                compactors meet the applicable standard 
                described in clause (i);
                  (II) 16- and 17-year-old employees may only 
                load the scrap paper balers and paper box 
                compactors; and
                  (III) any employee under the age of 18 may 
                not operate or unload the scrap paper balers 
                and paper box compactors.
The Secretary shall publish in the Federal Register a standard 
that is adopted by the American National Standards Institute 
for scrap paper balers or paper box compactors and certified by 
the Secretary to be protective of the safety of minors under 
clause (i)(II).
  (C)(i) Employers shall prepare and submit to the Secretary 
reports--
          (I) on any injury to an employee under the age of 18 
        that requires medical treatment (other than first aid) 
        resulting from the employee's contact with a scrap 
        paper baler or paper box compactor during the loading, 
        operation, or unloading of the baler or compactor; and
          (II) on any fatality of an employee under the age of 
        18 resulting from the employee's contact with a scrap 
        paper baler or paper box compactor during the loading, 
        operation, or unloading of the baler or compactor.
  (ii) The reports described in clause (i) shall be used by the 
Secretary to determine whether or not the implementation of 
subparagraph (A) has had any effect on the safety of children.
  (iii) The reports described in clause (i) shall provide--
          (I) the name, telephone number, and address of the 
        employer and the address of the place of employment 
        where the incident occurred;
          (II) the name, telephone number, and address of the 
        employee who suffered an injury or death as a result of 
        the incident;
          (III) the date of the incident;
          (IV) a description of the injury and a narrative 
        describing how the incident occurred; and
          (V) the name of the manufacturer and the model number 
        of the scrap paper baler or paper box compactor 
        involved in the incident.
  (iv) The reports described in clause (i) shall be submitted 
to the Secretary promptly, but not later than 10 days after the 
date on which an incident relating to an injury or death 
occurred.
  (v) The Secretary may not rely solely on the reports 
described in clause (i) as the basis for making a determination 
that any of the employers described in clause (i) has violated 
a provision of section 12 relating to oppressive child labor or 
a regulation or order issued pursuant to section 12. The 
Secretary shall, prior to making such a determination, conduct 
an investigation and inspection in accordance with section 
12(b).
  (vi) The reporting requirements of this subparagraph shall 
expire 2 years after the date of enactment of this 
subparagraph.
  (6) In the administration and enforcement of the child labor 
provisions of this Act, employees who are under 17 years of age 
may not drive automobiles or trucks on public roadways. 
Employees who are 17 years of age may drive automobiles or 
trucks on public roadways only if--
          (A) such driving is restricted to daylight hours;
          (B) the employee holds a State license valid for the 
        type of driving involved in the job performed and has 
        no records of any moving violation at the time of hire;
          (C) the employee has successfully completed a State 
        approved driver education course;
          (D) the automobile or truck is equipped with a seat 
        belt for the driver and any passengers and the 
        employee's employer has instructed the employee that 
        the seat belts must be used when driving the automobile 
        or truck;
          (E) the automobile or truck does not exceed 6,000 
        pounds of gross vehicle weight;
          (F) such driving does not involve--
                  (i) the towing of vehicles;
                  (ii) route deliveries or route sales;
                  (iii) the transportation for hire of 
                property, goods, or passengers;
                  (iv) urgent, time-sensitive deliveries;
                  (v) more than two trips away from the primary 
                place of employment in any single day for the 
                purpose of delivering goods of the employee's 
                employer to a customer (other than urgent, 
                time-sensitive deliveries);
                  (vi) more than two trips away from the 
                primary place of employment in any single day 
                for the purpose of transporting passengers 
                (other than employees of the employer);
                  (vii) transporting more than three passengers 
                (including employees of the employer); or
                  (viii) driving beyond a 30 mile radius from 
                the employee's place of employment; and
          (G) such driving is only occasional and incidental to 
        the employee's employment.
For purposes of subparagraph (G), the term ``occasional and 
incidental'' is no more than one-third of an employee's 
worktime in any workday and no more than 20 percent of an 
employee's worktime in any workweek.
  (7)(A)(i) Subject to subparagraph (B), in the administration 
and enforcement of the child labor provisions of this Act, it 
shall not be considered oppressive child labor for a new 
entrant into the workforce to be employed inside or outside 
places of business where machinery is used to process wood 
products.
  (ii) In this paragraph, the term ``new entrant into the 
workforce'' means an individual who--
          (I) is under the age of 18 and at least the age of 
        14, and
          (II) by statute or judicial order is exempt from 
        compulsory school attendance beyond the eighth grade.
  (B) The employment of a new entrant into the workforce under 
subparagraph (A) shall be permitted--
          (i) if the entrant is supervised by an adult relative 
        of the entrant or is supervised by an adult member of 
        the same religious sect or division as the entrant;
          (ii) if the entrant does not operate or assist in the 
        operation of power-driven woodworking machines;
          (iii) if the entrant is protected from wood particles 
        or other flying debris within the workplace by a 
        barrier appropriate to the potential hazard of such 
        wood particles or flying debris or by maintaining a 
        sufficient distance from machinery in operation; and
          (iv) if the entrant is required to use personal 
        protective equipment to prevent exposure to excessive 
        levels of noise and saw dust.
  (8) The provisions of section 12 relating to child labor 
shall apply to an employee who is 16 or 17 years old employed 
in a logging or mechanized operation in an occupation that the 
Secretary of Labor finds and declares to be particularly 
hazardous for the employment of children ages 16 or 17, except 
where such employee is employed by his parent or by a person 
standing in the place of his parent in a logging or mechanized 
operation owned or operated by such parent or person.
  (d) The provisions of sections 6, 7, and 12 shall not apply 
with respect to any employee engaged in the delivery of 
newspapers to the consumer or to any homemaker engaged in the 
making of wreaths composed principally of natural holly, pine, 
cedar, or other evergreens (including the harvesting of the 
evergreens or other forest products used in making such 
wreaths).
  (e) The provisions of section 7 shall not apply with respect 
to employees for whom the Secretary of Labor is authorized to 
establish minimum wage rates as provided in section 6(a)(3), 
except with respect to employees for whom such rates are in 
effect; and with respect to such employees the Secretary may 
make rules and regulations providing reasonable limitations and 
allowing reasonable variations, tolerances, and exemptions to 
and from any or all of the provisions of section 7 if he shall 
find, after a public hearing on the matter, and taking into 
account the factors set forth in section 6(a)(3), that economic 
conditions warrant such action.
  (f) The provisions of sections 6, 7, 11, and 12 shall not 
apply with respect to any employees whose services during the 
workweek are performed in a workplace within a foreign country 
or within territory under the jurisdiction of the United States 
other than the following: a State of the United States; the 
District of Columbia; Puerto Rico; the Virgin Islands; Outer 
Continental Shelf lands defined in the Outer Continental Shelf 
Lands Act (ch. 345, 67 Stat. 462); American Samoa; Guam; Wake 
Island; Eniwetok Atoll; Kwajalein Atoll; and Johnston Island.
  (g) The exemption from section 6 provided by paragraph (6) of 
subsection (a) of this section shall not apply with respect to 
any employee employed by an establishment (1) which controls, 
is controlled by, or is under common control with, another 
establishment the activities of which are not related for a 
common business purpose to, but materially support the 
activities of the establishment employing such employee; and 
(2) whose annual gross volume of sales made or business done, 
when combined with the annual gross volume of sales made or 
business done by each establishment which controls, is 
controlled by, or is under common control with, the 
establishment employing such employee, exceeds $10,000,000 
(exclusive of excise taxes at the retail level which are 
separately stated).
  (h) The provisions of section 7 shall not apply for a period 
or periods of not more than fourteen workweeks in the aggregate 
in any calendar year to any employee who--
          (1) is employed by such employer--
                  (A) exclusively to provide services necessary 
                and incidental to the ginning of cotton in an 
                establishment primarily engaged in the ginning 
                of cotton;
                  (B) exclusively to provide services necessary 
                and incidental to the receiving, handling, and 
                storing of raw cotton and the compressing of 
                raw cotton when performed at a cotton warehouse 
                or compress-warehouse facility, other than one 
                operated in conjunction with a cotton mill, 
                primarily engaged in storing and compressing;
                  (C) exclusively to provide services necessary 
                and incidental to the receiving, handling, 
                storing, and processing of cottonseed in an 
                establishment primarily engaged in the 
                receiving, handling, storing, and processing of 
                cottonseed; or
                  (D) exclusively to provide services necessary 
                and incidental to the processing of sugar cane 
                or sugar beets in an establishment primarily 
                engaged in the processing of sugar cane or 
                sugar beets; and
          (2) receives for--
                  (A) such employment by such employer which is 
                in excess of ten hours in any workday, and
                  (B) such employment by such employer which is 
                in excess of forty-eight hours in any workweek, 
                compensation at a rate not less than one and 
                one-half times the regular rate at which he is 
                employes.
Any employer who receives an exemption under this subsection 
shall not be eligible for any other exemption under this 
section or section 7.
  (i) The provisions of section 7 shall not apply for a period 
or periods of not more than fourteen workweeks in the aggregate 
in any period of fifty-two consecutive weeks to any employee 
who--
          (1) is engaged in the ginning of cotton for market in 
        any place of employment located in a county where 
        cotton is grown in commercial quantities; and
          (2) receives for any such employment during such 
        workweek--
                  (A) in excess of ten hours in any workday, 
                and
                  (B) in excess of forty-eight hours in any 
                workweek, compensation at a rate not less than 
                one and one-half times the regular rate at 
                which he is employed. No week included in any 
                fifty-two week period for purposes of the 
                preceding sentence may be included for such 
                purposes in any other fifty-two week period.
  (j) The provisions of section 7 shall not apply for a period 
or periods of not more than fourteen workweeks in the aggregate 
in any period of fifty-two consecutive weeks to any employee 
who--
          (1) is engaged in the processing of sugar beets, 
        sugar beet molasses, or sugar cane into sugar (other 
        than refined sugar) or syrup; and
          (2) receives for any such employment during such 
        workweeks--
                  (A) in excess of ten hours in any workday, 
                and
                  (B) in excess of forty-eight hours in any 
                workweek, compensation at a rate not less than 
                one and one-half times the regular rate at 
                which he is employed. No week included in any 
                fifty-two week period for purposes of the 
                preceding sentence may be included for such 
                purposes in any other fifty-two week period.

           *       *       *       *       *       *       *

                              ----------                              


                         ACT OF AUGUST 28, 1937


  AN ACT relating to the revested Oregon and California Railroad and 
  reconveyed Coos Bay Wagon Road grant lands situated in the State of 
                                Oregon.

   Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That 
notwithstanding any provisions in the Acts of June 9, 1916 (39 
Stat. 218), and February 26, 1919 (40 Stat. 1179), as amended, 
such portions of the revested Oregon and California Railroad 
and reconveyed Coos Bay Wagon Road grant lands as are or may 
hereafter come under the jurisdiction of the Department of the 
Interior, which have heretofore or may hereafter be classified 
as timberlands, and power-site lands valuable for timber, shall 
be managed, except as provided in section 3 hereof, for 
permanent forest production, and the timber thereon shall be 
sold, cut, and removed in conformity with the [principal of 
sustained yield] principle of sustained yield for the purpose 
of providing a permanent source of timber supply, protecting 
watersheds, regulating stream flow, and contributing to the 
economic stability of local communities and industries, and 
providing recreational [facilties] facilities: Provided, That 
nothing herein shall be construed to interface with the use and 
development of power sites as may be authorized by law.
   The annual productive capacity for such lands shall be 
determined and declared as promptly as possible after the 
passage of this Act, but until such determination and 
declaration are made the average annual cut therefrom shall not 
exceed one-half billion feet board measure: Provided, [That 
timber from said lands in an amount] That timber from said 
lands in the amount that is the greater of: not less than one-
half billion feet board measure, or not less than the annual 
sustained yield capacity when the same has been determined and 
declared, shall be sold annually, or so much thereof as can be 
sold at reasonable prices on a normal market.
   If the Secretary of the Interior determines that such action 
will facilitate sustained-yield management, he may subdivide 
such revested lands into sustained-yield forest units, the 
boundary lines of which shall be so established that a forest 
unit will provide, insofar as practicable, a permanent source 
of raw materials for the support of dependent communities and 
local industries of the region; but until such subdivision is 
made the land shall be treated as a single unit in applying the 
principle of sustained yield, Provided, That before the 
boundary lines of such forest units are established, the 
Department, after published notice thereof, shall hold a 
hearing thereon in the vicinity of such lands open to the 
attendance of State and local officers, representatives of 
dependent industries, residents, and other persons interested 
in the use of such lands. Due consideration shall be given to 
established lumbering operations in subdividing such lands when 
necessary to protect the economic stability of dependent 
communities. Timber sales from a forest unit shall be limited 
to the productive capacity of such unit and the Secretary is 
authorized, in his discretion, to reject any bids which may 
interfere with the sustained-yield management plan of any unit.

           *       *       *       *       *       *       *

                              ----------                              


    ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT


TITLE I--FINDINGS, DECLARATIONS, AND DEFINITIONS

           *       *       *       *       *       *       *



                              definitions

  Sec. 102. As used in this Act--
          (1) Emergency.--``Emergency'' means any occasion or 
        instance for which, in the determination of the 
        President, Federal assistance is needed to supplement 
        State and local efforts and capabilities to save lives 
        and to protect property and public health and safety, 
        or to lessen or avert the threat of a catastrophe in 
        any part of the United States.
          (2) Major disaster.--
                  (A) Major disaster.--[``Major disaster''] The 
                term ``major disaster'' means any natural 
                catastrophe (including any hurricane, tornado, 
                storm, high water, winddriven water, tidal 
                wave, tsunami, earthquake, volcanic eruption, 
                landslide, mudslide, snowstorm, or drought), 
                or, regardless of cause, any fire, flood, or 
                explosion, in any part of the United States, 
                which in the determination of the President 
                causes damage of sufficient severity and 
                magnitude to warrant major disaster assistance 
                under this Act to supplement the efforts and 
                available resources of States, local 
                governments, and disaster relief organizations 
                in alleviating the damage, loss, hardship, or 
                suffering caused thereby.
                  (B) Major disaster for wildfire on Federal 
                lands.--The term ``major disaster for wildfire 
                on Federal lands'' 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 lands; or
                          (ii) on non-Federal lands pursuant to 
                        a fire protection agreement or 
                        cooperative agreement.
          (3) ``United States'' means the fifty States, the 
        District of Columbia, Puerto Rico, the Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands.
          (4) ``State'' means any State of the United States, 
        the District of Columbia, Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands.
          (5) ``Governor'' means the chief executive of any 
        State.
          (6) Indian tribal government.--The term ``Indian 
        tribal government'' means the governing body of any 
        Indian or Alaska Native tribe, band, nation, pueblo, 
        village, or community that the Secretary of the 
        Interior acknowledges to exist as an Indian tribe under 
        the Federally Recognized Indian Tribe List Act of 1994 
        (25 U.S.C. 479a et seq.).
          (7) Individual with a disability.--The term 
        ``individual with a disability'' means an individual 
        with a disability as defined in section 3(2) of the 
        Americans with Disabilities Act of 1990 (42 U.S.C. 
        12102(2)).
          (8) Local government.--The term ``local government'' 
        means--
                  (A) a county, municipality, city, town, 
                township, local public authority, school 
                district, special district, intrastate 
                district, council of governments (regardless of 
                whether the council of governments is 
                incorporated as a nonprofit corporation under 
                State law), regional or interstate government 
                entity, or agency or instrumentality of a local 
                government;
                  (B) an Indian tribe or authorized tribal 
                organization, or Alaska Native village or 
                organization, that is not an Indian tribal 
                government as defined in paragraph (6); and
                  (C) a rural community, unincorporated town or 
                village, or other public entity, for which an 
                application for assistance is made by a State 
                or political subdivision of a State.
          (9) ``Federal agency'' means any department, 
        independent establishment, Government corporation, or 
        other agency of the executive branch of the Federal 
        Government, including the United States Postal Service, 
        but shall not include the American National Red Cross.
          (10) Public facility.--``Public facility'' means the 
        following facilities owned by a State or local 
        government:
                  (A) Any flood control, navigation, 
                irrigation, reclamation, public power, sewage 
                treatment and collection, water supply and 
                distribution, watershed development, or airport 
                facility.
                  (B) Any non-Federal-aid street, road, or 
                highway.
                  (C) Any other public building, structure, or 
                system, including those used for educational, 
                recreational, or cultural purposes.
                  (D) Any park.
          (11) Private nonprofit facility.--
                  (A) In general.--The term ``private nonprofit 
                facility'' means private nonprofit educational, 
                utility, irrigation, emergency, medical, 
                rehabilitational, and temporary or permanent 
                custodial care facilities (including those for 
                the aged and disabled) and facilities on Indian 
                reservations, as defined by the President.
                  (B) Additional facilities.--In addition to 
                the facilities described in subparagraph (A), 
                the term ``private nonprofit facility'' 
                includes any private nonprofit facility that 
                provides essential services of a governmental 
                nature to the general public (including 
                museums, zoos, performing arts facilities, 
                community arts centers, libraries, homeless 
                shelters, senior citizen centers, 
                rehabilitation facilities, shelter workshops, 
                broadcasting facilities, and facilities that 
                provide health and safety services of a 
                governmental nature), as defined by the 
                President.
          (12) Chief executive.--The term ``Chief Executive'' 
        means the person who is the Chief, Chairman, Governor, 
        President, or similar executive official of an Indian 
        tribal government.

           *       *       *       *       *       *       *


        TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND

SEC. 801. DEFINITIONS.

  As used 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 lands (or on non-
        Federal lands 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 account 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 LANDS.

  (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 lands exists.
  (b) Requirements.--A request for a declaration by the 
President that a major disaster for wildfire on Federal lands 
exists shall--
          (1) be made in writing by the respective Secretary;
          (2) certify that the amount appropriated in the 
        current fiscal year 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 or greater than 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 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 
        lands pursuant to this title is based; and
          (4) 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 lands 
        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 lands exists.

SEC. 803. WILDFIRE ON FEDERAL LANDS ASSISTANCE.

  (a) In General.--In a major disaster for wildfire on Federal 
lands, the President may transfer 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 lands (and non-Federal lands 
pursuant to a fire protection agreement or cooperative 
agreement).
  (b) Wildfire Suppression Operations Account.--The President 
shall establish a specific account for the assistance available 
pursuant to a declaration under section 802. Such account may 
only be used to fund assistance pursuant to this title.
  (c) Limitation.--
          (1) Limitation of transfer.--The assistance available 
        pursuant to a declaration under section 802 is limited 
        to the transfer of the amount requested pursuant to 
        section 802(b)(4). The assistance available for 
        transfer shall not exceed the amount contained in the 
        wildfire suppression operations account established 
        pursuant to subsection (b).
          (2) 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 Account.
  (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 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 the such Secretary considers 
        appropriate.
          (4) Lessons learned.
          (5) Such other matters as the respective Secretary 
        considers appropriate.
  (g) Savings Provision.--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.



                            DISSENTING VIEWS

    H.R. 2936 claims to promote forest health and reduce 
wildfire risk on public lands by providing broad exemptions 
from environmental analyses required under the National 
Environmental Policy Act (NEPA), restricting judicial review of 
certain forest management activities, amending the Equal Access 
to Justice Act (Act) to limit payment of attorney's fees, and 
scaling back the wildlife conservation efforts of the 
Endangered Species Act. The bill even includes a provision that 
seeks to undermine the management of a national monument.
    Sponsors of the bill claim these sweeping exemptions of 
bedrock environmental safeguards and disregard for the right of 
American citizens to confront their government are necessary to 
incentivize collaboration and increase the pace and scale of 
restoration projects meant to create resilient forest 
ecosystems and reduce the occurrence of catastrophic wildfire. 
In reality, this bill uses the specter of wildfire to 
facilitate commercial logging on national forests shielded from 
public scrutiny and environmental review.
    The bill applies to forests managed by the Forest Service 
as a well as those managed by the Bureau of Land Management. 
Neither of these agencies testified at the hearing on the 
discussion draft or any other hearing in the 115th Congress.
    Congress should be concerned with the public safety risk 
associated with wildfire. Large wildfires have increased 
worldwide over the past 40 years, particularly in the western 
United States.\1\ The effect of climate change on wildfire is 
primarily driven by increases in temperature. Longer summer 
periods dry fuel, which promotes easier ignition and faster 
spread. For these reasons, the Intergovernmental Panel on 
Climate Change (IPCC) concluded that climate change is 
projected to increase the impacts of fire on forests, with 
longer fire seasons and large increases of burned area. These 
changes are already apparent in the western United States, 
where the wildfire season has increased by 78 days, and burn 
durations of fires greater than 2,400 acres have increased from 
7.5 to 37.1 days.\2\ Forest Service scientists predict that 
fire seasons could return to levels not seen since the 1940s, 
reaching 12 to 15 million acres annually.\3\
---------------------------------------------------------------------------
    \1\Pechony and Shindell, Driving forces of global wildfires over 
the past millennium and the forthcoming century (PNAS 107 (45): 19167-
19170, 2010)
    \2\Westerling, A.L., H.G. Hidalgo, D.R. Cayan, T W. Swetnam, 
Warming and earlier spring increase western US forest wildfire activity 
(Science 313, 940-943, 2006)
    \3\United States Forest Service, FY2017 Budget Justification (USFS, 
2016)
---------------------------------------------------------------------------
    Furthermore, the increasing number of people living 
adjacent to fire-prone forests, an area known as the Wildland 
Urban Interface (WUI), is driving up the cost of wildfire 
suppression. Fuels treatment and other forest management 
activity designed to mitigate wildfire risk has to be targeted 
to at-risk areas and coupled with efforts to encourage better 
planning in the WUI.
    While thinning and other forest management tools can reduce 
property damage and decrease public safety risk, it does not 
necessarily correlate with reduced instances of wildfire. At a 
Federal Lands Subcommittee hearing on the subject of forest 
health, we heard from a leading expert on the root causes of 
increased wildfire and the effectiveness of forest treatments. 
Her research found that only 1% of USFS forest treatments, on 
average, are exposed to wildfire each year.\4\ In fact, most 
treatments are designed to reduce wildfire risk and do not 
encounter fire within the 10-20 years after they are determined 
to be effective. Even with the rise in annual burned acres due 
to climate change, wildfire only affects 1% of forests in the 
Western United States. Due to the sheer scale of forested 
lands, it is impossible to predict where wildfire will occur. 
That's why it is extremely important that projects designed to 
reduce risk associated with wildfire are directed to places 
where they could be most effective, including on private land 
inside the WUI.
---------------------------------------------------------------------------
    \4\Schoennagel, et al, Adapt to more wildfire in western North 
American forests as climate changes (Perspective, 2016)
---------------------------------------------------------------------------
    Rather than acknowledge the role of climate change, or 
focus on a targeted approach that would actually improve 
community safety, the House Republican answer to forest 
management is to eliminate environment review and do away with 
public oversight in order to expedite commercial timber sales.
    Below is a summary of our chief concerns.

                            Attacks on NEPA

    Title I of H.R. 2936 is a sweeping attack on NEPA. First, 
Section 101 limits environmental review to the consideration of 
only two alternatives--the proposed action and the no action 
alternative. This new standard for environmental review 
undermines congressional intent. Congress passed NEPA over 45 
years ago to ensure the review of a range of reasonable 
alternatives during consideration of major federal decisions 
that could affect the environment. This principle guides 
informed decisions that minimize damage to the water we drink 
and the air we breathe. There will always be environmental 
impacts associated with certain types of projects, but thanks 
to NEPA, we look before we leap and do our best to minimize the 
damage.
    Furthermore, NEPA is not the burden Republicans make it out 
to be. In fact, GAO found that across the federal government 
95% of all NEPA decisions are carried as Categorical 
Exclusions, the lowest level of review allowed under NEPA.\5\ 
Federal Lands Subcommittee Ranking Member Hanabusa filed an 
amendment to strike this section from the bill. It was rejected 
by the majority on a party line vote.
---------------------------------------------------------------------------
    \5\GAO. ``National Environmental Policy Act: Little Information 
Exists on NEPA Analyses'' Washington DC, April 2014. http://
www.gao.gov/assets/670/662543.pdf
---------------------------------------------------------------------------
    Second, Subtitle B of Title I establishes five new sweeping 
categorical exclusions (CE) under NEPA. CEs are reserved for 
categories of actions which do not individually or cumulatively 
have a significant effect on the human environment and, for 
which, neither an environmental assessment (EA) nor an 
environmental impact statement (EIS) is required unless there 
are certain extraordinary circumstances, as determined by the 
relevant federal agency.
    The regime envisioned by this bill removes critical 
sideboards used to determine the appropriateness of limiting 
environmental review for individual projects. For example, 
Section 111 creates a 10,000-acre CE--the acreage limitation 
increases to 30,000 if certain conditions are met--to address 
insect or disease infestation, among other purposes, including 
timber production. The 2014 Farm Bill created a CE for 
collaboratively developed insect and disease treatment projects 
up to 3,000 acres in size that preserve old growth forests and 
focus on scientifically sound ecological restoration. This bill 
increases the project size ten-fold while dropping the emphasis 
on old growth protection and sound science and extending the 
application to projects with the primary purpose of timber 
production. If applied by the agency, this could result in 
nearly 50 square mile timber projects--an area roughly the size 
of San Francisco--with limited environmental review or public 
input.
    Section 112 creates a 10,000-acre CE for post-fire timber 
sales, also known as salvage logging. This is 40 times larger 
than the current 250 acre authority for salvage operations on 
national forests. This type of logging occurs in ecologically 
sensitive post-fire landscapes and requires careful 
consideration and planning. Failure to adequately address 
stream protection, limit temporary road construction and other 
key ecological considerations could lead to significant 
environmental impacts.
    Section 113 establishes a 10,000-acre CE to establish early 
successional forests, a goal which is typically achieved 
through stand removal, otherwise known as clear-cutting. Clear 
cuts are not currently authorized under Forest Service NEPA 
guidance and this bill could lead to nearly 16 square mile 
clear cuts with limited review of the impacts on wildlife, 
water quality, and other ecosystem services. Section 114 and 
115 create two CEs designed to address roadside emergencies and 
reduce wildfire risks. Both of these broad CEs apply to a range 
of management activities, including the use of pesticides in 
forests. Current Forest Service practice excludes the use of 
herbicides or pesticides without the preparation of an EA or 
EIS.
    Title II continues the assault on NEPA environmental 
assessment by placing a 60-day shot clock on environmental 
review associated with a salvage operation following a 
catastrophic event, something the bill defines as any wildfire, 
regardless of size or cause. Rushing the NEPA process could 
have unfortunate long-term results, such as creating highly 
flammable tree plantations, a counterproductive result for 
legislation billed as reducing fire risk. While they were not 
invited to provide testimony in the 115th Congress, the Forest 
Service testified in opposition to both of these unrealistic 
timelines and project goals in the 114th Congress.
    Title VIII, while primarily focused on inter-agency 
consultation, includes language exempting the development, 
maintenance, amendment or revision of a forest plan from all 
requirements of NEPA. Forests plans, which are usually 
accompanied by an EIS, are broad frameworks that inform and 
guide all decisions related to an individual forest. Individual 
projects are tiered off the environmental analysis done when 
the plan is developed or revised. It is unclear how individual 
projects will be affected if forests plans are no longer 
required to comply with NEPA. Rather than use the plan to guide 
decisions about the appropriate level of review for a given 
project, forest supervisors may decide to subject each project 
to a higher level of scrutiny, which could have the unintended 
consequence of causing more planning delays and potentially 
even more litigation. NEPA assists in federal agency decision 
making and is also used as the rubric to ensure compliance with 
a range of statutory requirements. The vacuum left when it is 
arbitrarily truncated could lead to confusion and extended 
planning times, not necessarily a red-tape-free planning 
environment that the sponsors of H.R. 2936 claim they are 
trying to create.
    Buried at the back of the bill, in Title IX, is another 
pernicious attack on NEPA. Section 903 requires the Forest 
Service go through a rulemaking process to update its 
regulations for extraordinary circumstances used to determine 
whether it is appropriate to use a CE for an individual 
project. Under these updated regulations, the Forest Service 
would not be required to consider the cumulative impacts of a 
project or its impacts. Analysis of cumulative impacts is a 
fundamental component of NEPA. In the context of the massive 
projects envisioned by this bill, this policy change could be 
devastating to the long term health and viability of our 
national forests.
    The broad NEPA exemptions scattered throughout H.R. 2936 
fail to reduce wildfires, increase the risk of litigation, and 
do nothing to address the real issue: chronic underfunding.

                 Attacks on the Endangered Species ACT

    In addition to NEPA, supporters of this bill blame delays 
in the approval of forest management projects on ESA 
consultation requirements. Section 123 would put the U.S. Fish 
and Wildlife Service (FWS) on a 90-day shot clock to complete 
consultations required under Section 7 of the ESA. This 
provision is both unnecessary and absurd. It is unnecessary 
because ESA consultations are rarely responsible for project 
delays. A peer-reviewed article published in the Proceedings of 
the National Academy of Sciences found that 93 percent of ESA 
consultations are informal and take an average of 13 days to 
complete. Even more thorough formal consultation which may be 
required when a Federal agency determines, through a biological 
assessment or other review, that an action is likely to 
adversely affect a listed species take only 62 days to 
complete, on average.\6\
---------------------------------------------------------------------------
    \6\Malcolm, Jacob W. and Ya-Wei Li, ``Data contradict common 
perceptions about a controversial provision of the US Endangered 
Species Act'' (PNAS, 2015).
---------------------------------------------------------------------------
    It is absurd because we know that any delays in initiating 
or completing ESA consultations are directly attributable to 
funding cuts for ESA implementation backed by Republicans. If 
Congress wants to speed up the consultation process there is a 
simple way to do that: give FWS more resources to complete 
consultations.
    Subtitle B of Title VIII is designed to prevent ESA re-
consultation when FWS lists a new species or designates 
critical habitat for a listed species. In Cottonwood 
Environmental Law Center vs. United States Forest Service, the 
9th Circuit Court of Appeals rightly held that the Forest 
Service erred in failing to consult with FWS after designation 
of critical habitat for the threatened Canada Lynx. Previous 
consideration of lynx conservation in forest plans had been 
based on a critical habitat designation that was improperly 
influenced by Julie MacDonald, a George W. Bush political 
appointee in the Interior Department. The politically-tarnished 
designation included no critical habitat on Forest Service 
land. A revised critical habitat designation based on the best 
available science designated significant lynx critical habitat 
in national forests was promulgated and the court held that the 
Forest Service was required to consult with the FWS under 
Section 7 of the ESA.
    The argument that critical habitat will still be taken into 
account at the project level, so consultation at the forest 
plan level is redundant, misses the entire point of the ESA in 
general and of critical habitat, specifically. Habitat 
destruction is the reason why many fish and wildlife species 
are on the verge of extinction. We have cut down 95 percent of 
our old growth forests, plowed over 96 percent of our tallgrass 
prairie, and filled in more than half of our wetlands. 
Requiring consultation for critical habitat and species 
listings at the broader forest plan level can be the difference 
between survival and extinction, helping avoid death by a 
thousand cuts caused by a lack of cumulative impacts analysis.
    The same peer-reviewed research mentioned above shows that 
this bill would actually make consultations take longer than 
they do now. That study found that the average length of a 
formal consultation without a plan-level consultation was 62 
days, as opposed to 24 days for projects with a plan level 
review.\7\
---------------------------------------------------------------------------
    \7\Ibid.
---------------------------------------------------------------------------
    At markup, Oversight and Investigations Subcommittee 
Ranking Member McEachin offered an amendment to strike these 
two sections out of the bill. It was rejected by the 
Republicans on a party line vote.

            Attacks on Judicial Review and Access to Justice

    It is a fundamental principle of American law and our 
system of government that citizens can turn to the legal system 
to hold the government accountable. This bill turns that 
principle on its head in the name of maximizing timber 
production. Despite the rhetoric of the bill's sponsors, 
litigation and public participation is not a burden to 
completing forest management projects. Data regarding Forest 
Service and BLM fuel reduction projects from 2009-2011 show 
that 95% of projects moved forward without any appeal. In that 
three-year period, the two agencies implemented 8000 projects 
and less than 1% of projects were subject to litigation.
    Section 311 limits attorney's fees for challenges to 
proposed forest management projects, effectively blocking 
litigants from eligibility under the Equal Access to Justice 
Act (EAJA). In 1980, EAJA was enacted to ensure the right of 
stakeholders to sue the United States if they have been 
wronged, regardless of their socio-economic status or their 
stance on an issue. EAJA provides the option of reimbursement 
for plaintiff attorneys' fees up to $125 per hour to the 
prevailing party in a lawsuit. Fees cannot be awarded to 
individuals with a net worth of more than $2 million or to 
organizations worth more than $7 million or with more than 500 
employees.\8\ Many diverse stakeholders have received EAJA 
awards, including industry and environmental groups.
---------------------------------------------------------------------------
    \8\Henry Cohen, .Awards of Attorneys' Fees by Federal Courts and 
Federal Agencies, CRS Report (2009).
---------------------------------------------------------------------------
    There are safeguards built into the law and others that 
have evolved through case law that effectively prevent abuse. 
First, EAJA sets a very high threshold for recovering 
attorney's fees. Indeed, winning one's case is not enough. 
Instead, under EAJA, a party may recover fees from the 
government only if the plaintiff is the prevailing party and 
the plaintiff can prove that the government's position was not 
``substantially justified.''\9\ Because this is not an easy 
standard for a plaintiff to satisfy, many plaintiffs do not 
recover attorney's fees even when they win their case.
---------------------------------------------------------------------------
    \9\28 U.S.C. Sec.  2412 (d)(1)(B).
---------------------------------------------------------------------------
    Second, even if plaintiffs can recover attorney's fees, 
they may only collect up to $125 per hour.\10\ While most 
courts have adjusted this cap slightly (i.e., between $142 and 
$180) to account for cost of living in expensive markets, the 
rate is still less than half of the amount most private 
attorneys charge.\11\ Also, in very limited circumstances, 
plaintiffs may recover attorney's fees in excess of the fee 
cap. To do so, the plaintiff must show that the attorney 
possessed distinctive knowledge and skills developed through a 
practice specialty that were needed in the litigation and not 
available elsewhere at the statutory rate.\12\ This is a very 
demanding standard, especially considering that courts have 
recognized only a few practice specialties.
---------------------------------------------------------------------------
    \10\28 U.S.C. Sec.  2412(d)(2)(A).
    \11\See Thangaraja v. Gonzales, 428 F.3d 870, 876-77 (9th Cir. 
2005).
    \12\Love v. Reilly, 924 F.2d 1492, 1496 (9th Cir. 1991).
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    Republicans additionally contend that groups receiving 
federal funds (grants) for conservation work are actually using 
these funds to support suits against the federal government and 
are reinvesting the awards they win in court to fuel more 
litigation. In reality, these groups are prohibited by law from 
transferring money between conservation and legal funds.
    In the case of the Forest Service and litigation under 
public land law, payment for attorney's fees under EAJA comes 
directly out of agency appropriations. Critics of environmental 
litigants, who take advantage of this statute, argue that money 
paid out for attorney's fees is a drain on an already strained 
budget. This is an extreme exaggeration. Testifying before the 
House Agriculture Committee in 2014, the FS Deputy Chief Jim 
Pena noted that, ``the FS measures some costs associated with 
litigation. For example, we can account for costs associated 
with the Equal Access to Justice Act which is about $875,000 
per year for all land management litigation in the 
agency.''\13\ Forest Service's entire budget for the same 
period was $4.75 billion, meaning that compensation of 
attorney's fees to successful litigants made up .018 percent of 
the agency's budget. This is less than one-fifth of one-tenth 
of one percent.
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    \13\ Pena, Jim, Associate Chief of the US Forest Service ``Written 
Testimony Regarding Implementation of the Endangered Species Act by 
USDA Forest Service''. House Subcommittee on Conservation, Energy, and 
Forestry. March 26, 2014.
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    Representative Barragan offered and withdrew an amendment 
at markup to strike Section 311, which falls under the 
jurisdiction of the Judiciary Committee, from the bill.
    Sec. 321 authorizes the establishment of an arbitration 
pilot project as an alternative to judicial review of proposed 
forest management projects. The pilot authorizes the use of 
arbitration on up to ten projects per year in each region of 
the Forest Service; this could mean up to 230 judicial review 
actions would be forced into arbitration. Under the program, 
the Secretary will identify qualified professionals to serves 
as arbitrators. At markup, the majority accepted an amendment 
from Representative Soto to disqualify anyone with a financial 
conflict of interest from serving as an arbitrator. Accepting 
this amendment, however, doesn't make the use of arbitration to 
adjudicate forest management decisions any less controversial. 
This type of arbitration is effective when negotiating the 
contract terms of professional athletes. It is less effective 
or fair when making decisions about the legality of federal 
actions. Under the terms of this authorization, an arbitrator 
is only allowed to examine the proposed project and the 
alternative put forward by the objector. No modifications to 
either proposal are allowed and the arbitrator must choose the 
project that best meets the purposes defined by the Forest 
Service. Finally, a decision must be reached within 90 days and 
there is no opportunity for judicial review. The Forest Service 
could use this authority to pick the most controversial 
projects for arbitration, essentially shielding them from 
review by the judicial branch.
    Last, Section 203 prohibits any judicial relief pending 
appeal for any post-fire timber sale. Salvage operations should 
be considered on a case-by-case basis and subject to 
environmental review. Restricting a judge's ability to enjoin--
or pause--a project of this nature during court deliberations, 
could allow harmful projects to move forward without having 
their day in court.
    Immediately after a fire, life returns to the forest as 
plants regenerate and nutrients are released into the soil. 
Logging in this sensitive post-fire landscape, without review, 
could lead to soil damage, increased run off, and reduction of 
important nutrients from the ecosystem. Federal Lands 
Subcommittee Ranking Member Hanabusa offered an amendment to 
strike Section 203 from the bill. Republicans voted it down on 
a party line vote.
    Title III treats judicial review of agency decisions as an 
annoyance to be minimized. The result of this bill would be to 
prevent any plaintiffs except large companies with deep 
pockets, from bringing suit. Sponsors of the bill claim they 
want to limit the federal government's power and empower 
individuals, but this does the exact opposite--it's all about 
making sure the Federal government can do exactly what it wants 
without having to worry about legal challenges filed by 
American taxpayers. Our civil justice system is not designed to 
work to benefit the mighty and ignore the small and blocking 
access to the courts does nothing to make our forests more 
resilient.

                   Oregon and California Grant Lands

    Subtitle B of Title IX includes several concerning 
provisions related to the management of the Oregon & California 
Railroad Lands (O&C Lands), a set of federal lands in Western 
Oregon managed by the Bureau of Land Management. Section 911 
sets an annual timber mandate of 500 million board feet for the 
O&C Lands, despite the fact that the agency's most recent 
sustained yield determination, published in 2016, is 205 
million board feet. H.R. 2936 mandates the production of 2.5 
times the scientifically determined timber capacity for this 
area.
    Section 913 requires all O&C Lands, including land 
associated with the recently-expanded Cascade-Siskiyou National 
Monument, to be managed pursuant to the O&C Act of 1937. Taken 
together, these provisions could be devastating for the 
science-based ecological objectives of the monument. 
Furthermore, requiring monument lands to be managed for timber 
production and setting an unsustainable timber production 
requirement would effectively overturn the monument designation 
and make it impossible to meet the conservation goals of the 
Northwest Forest Plan. We reject this sneak attack on the 
Antiquities Act disguised as forest policy.
    Natural Resources Committee Ranking Member Grijalva offered 
an amendment to strike Section 913 from the bill. Republicans 
rejected this commonsense amendment to stand up for national 
monuments and the Antiquities Act.

                           Wildfire Spending

    Title X amends the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act to include wildfires on Federal lands 
in the definition of natural disasters. This title falls under 
the jurisdiction of the Committee on Transportation and 
Infrastructure so it could not be addressed at the Natural 
Resources Committee markup. While we appreciate the 
acknowledgment that we have to do something to address the 
funding mechanism for wildfire, the fix in this bill needs 
work. It fails to freeze the ten-year average, like the bi-
partisan Wildfire Disaster Funding Act sponsored by 
Representative Simpson of Idaho. Without this adjustment, 
spending on wildfire will never get under control. Second, 
money must be made available without a declaration from the 
President. After appropriated funding ran out in 2015, for 
example, there were over 80 wildfires. We can't rely on the 
President to make 80 or more declarations every year. This is 
as unsustainable as the current situation.
    In recent years, firefighting costs have consumed over 
fifty percent of the Forest Service's budget, with the largest 
one percent of wildfires accounting for thirty percent of those 
costs. The costs of large, complex wildfires force the Forest 
Service to transfer funds away from programs that promote 
forest health and mitigate wildfire risk in order to fund 
wildfire suppression. This counterintuitive practice, commonly 
known as ``fire borrowing,'' will continue to divert huge sums 
of money from forest management activities until Congress 
provides a solution. We agree the fixing the wildfire budget is 
a priority. H.R. 2936 falls short of solving this problem, 
which the Chief of the Forest Service has described as the 
agency's number one concern.

                               Conclusion

    We're told this bill will restore forest health, promote 
climate resilience and even prevent catastrophic wildfires. 
Unfortunately, gutting bedrock environmental laws and 
overturning a national monument will not achieve these goals. 
For the reasons outlined above, we are opposed to this bill.

                                   Raul M. Grijalva,
                                           Ranking Member, House 
                                               Natural Resources 
                                               Committee.
                                   Colleen Hanabusa,
                                           Ranking Member, Subcommittee 
                                               on Federal Lands.
                                   Grace F. Napolitano,
                                           Member of Congress.
                                   Jared Huffman,
                                           Ranking Member, Subcommittee 
                                               on Water, Power and 
                                               Oceans.
                                   Donald S. Beyer, Jr.,
                                           Member of Congress.
                                   Nanette Diaz Barragan,
                                           Member of Congress.
                                   Darren Soto,
                                           Member of Congress.
                                   A. Donald McEachin,
                                           Ranking Member, Subcommittee 
                                               on Oversight and 
                                               Investigations.

                                  [all]