Resilient Federal Forests Act
This bill modifies and sets forth provisions regarding forest management activities on National Forest System, public, and tribal lands.
The bill provides for, among other things
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4614 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4614
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2021
Mr. Westerman (for himself, Mr. McCarthy, Mr. Cuellar, Mr. Amodei, Mr.
Babin, Mr. Baird, Mr. Bentz, Mr. Bergman, Mrs. Boebert, Mr. Bost, Mr.
Burchett, Mr. Calvert, Mrs. Cammack, Mr. Carl, Mr. Carter of Georgia,
Ms. Cheney, Mr. Cole, Mr. Crawford, Mr. Crenshaw, Mr. Curtis, Mr.
Fleischmann, Mr. Fulcher, Mr. Garcia of California, Mr. Gohmert, Miss
Gonzalez-Colon, Mr. Good of Virginia, Mr. Gosar, Mr. Graves of
Louisiana, Mr. Grothman, Ms. Herrell, Ms. Herrera Beutler, Mr. Hice of
Georgia, Mr. Issa, Mr. Johnson of South Dakota, Mr. Joyce of Ohio, Mr.
Kelly of Mississippi, Mr. Kelly of Pennsylvania, Mr. LaMalfa, Mr.
Lamborn, Mr. Lucas, Ms. Malliotakis, Mr. McClintock, Mr. McKinley, Mrs.
Rodgers of Washington, Mr. Meijer, Mrs. Miller-Meeks, Mr. Moore of
Utah, Mr. Newhouse, Mr. Obernolte, Mr. Palmer, Mrs. Radewagen, Mr.
Reed, Mr. Rice of South Carolina, Mr. Rogers of Alabama, Mr. Rosendale,
Ms. Salazar, Mr. Scalise, Mr. Schweikert, Mr. Simpson, Mr. Smith of
Missouri, Mr. Stauber, Mrs. Steel, Mr. Thompson of Pennsylvania, Mr.
Tiffany, Mr. Valadao, Mr. Weber of Texas, Mr. Webster of Florida, Mr.
Wittman, Mr. Young, Mrs. Kim of California, and Mr. Timmons) introduced
the following bill; which was referred to the Committee on Agriculture,
and in addition to the Committee on Natural Resources, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Resilient Federal
Forests Act''.
(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--EMERGENCY FIRESHED MANAGEMENT
Sec. 101. Emergency fireshed management.
TITLE II--STREAMLINED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF
CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
Subtitle A--Analysis of Proposed Collaborative Forest Management
Activities
Sec. 201. Analysis of only two alternatives (action versus no action)
in proposed collaborative forest management
activities.
Subtitle B--Categorical Exclusions
Sec. 211. Categorical exclusion to expedite certain critical response
actions.
Sec. 212. Categorical exclusion for early successional forests.
Sec. 213. Categorical exclusion for outdoor recreation.
Sec. 214. Categorical exclusion for infrastructure improvements.
Sec. 215. Categorical exclusion for road side projects.
Sec. 216. Categorical exclusion to improve or restore National Forest
System lands or public land or reduce the
risk of wildfire.
Sec. 217. Categorical exclusion for wildfire prevention and drought
mitigation.
Sec. 218. Clarification of existing categorical exclusion authority
related to insect and disease infestation.
Sec. 219. Clarification of existing categorical exclusion authority
related to wildfire resilience projects.
Sec. 220. Categorical exclusion for joint projects.
Sec. 221. Use of established categorical exclusions.
Subtitle C--General Provisions for Forest Management Activities
Sec. 231. Compliance with forest plans.
Sec. 232. Consultation under the National Historic Preservation Act.
Sec. 233. Consultation under the Endangered Species Act.
Sec. 234. Forest management activities considered non-discretionary
actions.
TITLE III--SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS
Sec. 301. Categorical exclusion to expedite salvage operations in
response to catastrophic events.
Sec. 302. Expedited salvage operations and reforestation activities
following large-scale catastrophic events.
Sec. 303. Compliance with forest plan.
Sec. 304. Prohibition on restraining orders, preliminary injunctions,
and injunctions pending appeal.
TITLE IV--FOREST MANAGEMENT LITIGATION
Sec. 401. No attorney fees for forest management activity challenges.
Sec. 402. Injunctive relief.
Sec. 403. Use of arbitration instead of litigation to address
challenges to forest management activities.
TITLE V--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT
AMENDMENTS
Sec. 501. Use of reserved funds for title II projects on Federal land
and certain non-Federal land.
TITLE VI--STEWARDSHIP END RESULT CONTRACTING
Sec. 601. Payment of portion of stewardship project revenues to county
in which stewardship project occurs.
Sec. 602. Fire liability provision.
Sec. 603. Extension of stewardship contracting maximum term limits.
TITLE VII--TRIBAL FORESTRY PARTICIPATION AND PROTECTION
Sec. 701. Management of Indian Forest Land authorized to include
related National Forest System lands and
public lands.
Sec. 702. Tribal and Alaska Native biochar demonstration project.
Sec. 703. Protection of tribal forest assets through use of stewardship
end result contracting and other
authorities.
Sec. 704. Rule of application.
TITLE VIII--EXPEDITING INTERAGENCY CONSULTATION
Sec. 801. Forest plans not considered major Federal actions.
Sec. 802. Agency consultation requirements.
TITLE IX--MISCELLANEOUS
Subtitle A--Forest Management Provisions
Sec. 901. Revision of alternate consultation agreement regulations.
Sec. 902. Revision of extraordinary circumstances regulations.
Sec. 903. Conditions on forest service road decommissioning.
Sec. 904. Prohibition on application of Eastside Screens requirements
on National Forest System lands.
Sec. 905. Use of site-specific forest plan amendments for certain
projects and activities.
Sec. 906. Knutson-Vandenberg Act.
Sec. 907. Application of northwest forest plan survey and manage
mitigation measure standard and guidelines.
Sec. 908. Designation of certain treatment areas.
Sec. 909. Good neighbor agreements.
Sec. 910. Giant sequoia trees protection plan.
Subtitle B--Oregon and California Railroad Grant Lands and Coos Bay
Wagon Road Grant Lands
Sec. 921. Amendments to the Act of August 28, 1937.
Sec. 922. Oregon and California Railroad Grant Lands and Coos Bay Wagon
Road Grant Lands Permanent Rights of
Access.
Sec. 923. Management of Bureau of Land Management Lands in Western
Oregon.
SEC. 2. DEFINITIONS.
In this Act:
(1) Catastrophic event.--The term ``catastrophic event''
means--
(A) any natural disaster (such as a 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
(B) any fire, flood, or explosion, regardless of
cause.
(2) Collaborative process.--The term ``collaborative
process'' means 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 multiple
interested persons representing diverse interests.
(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 such
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''--
(A) means a project or forest management activity
carried out by the Secretary concerned that has the
primary purpose of reforestation of lands impacted by a
large-scale catastrophic event; and
(B) includes planting, evaluating and enhancing
natural regeneration, clearing competing vegetation,
and other activities related to reestablishment of
forest species on such 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 or restoration activity
carried out in response to a catastrophic event for which 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 otherwise 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--EMERGENCY FIRESHED MANAGEMENT
SEC. 101. EMERGENCY FIRESHED MANAGEMENT.
Title VI of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591 et seq.) is amended by adding at the end the following:
``SEC. 607. EMERGENCY FIRESHED MANAGEMENT.
``(a) Establishment of Fireshed Management Areas.--
``(1) In general.--
``(A) Joint agreements.--Not later than 90 days
after receiving a request from a Governor of a State,
the Secretary shall enter into an agreement with such
Governor to jointly--
``(i) designate 1 or more fireshed
management areas within such State; and
``(ii) conduct fireshed management projects
in accordance with subsection (c) on such
fireshed management areas.
``(B) Additional fireshed management areas.--With
respect to an agreement with a Governor of a State
under subparagraph (A), the Secretary, if requested by
such Governor, may--
``(i) designate additional fireshed
management areas under such agreement; and
``(ii) update such agreement to address new
wildfire threats.
``(C) Shared stewardship.--A previously signed
shared stewardship agreement between a Governor of a
State and the Secretary (or an update or successor
agreement to such shared stewardship agreement) may be
treated as an agreement under subparagraph (A) if such
Governor approves such treatment.
``(2) Designation of fireshed management areas.--
``(A) In general.--A fireshed management area
designated under an agreement under paragraph (1)--
``(i) shall be--
``(I) a landscape-scale area; and
``(II) identified on the date of
such designation as a fireshed ranked
in the top 10 percent of wildfire
exposure, as determined by the most
recently published models of fireshed
risk exposure published by the Forest
Service;
``(ii) may not overlap with any other
fireshed management area; and
``(iii) may contain Federal and non-Federal
land.
``(B) Applicability of nepa.--The designation of a
fireshed management area under an agreement under
paragraph (1) shall not be subject to the requirements
of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(b) Stewardship and Fireshed Assessments.--
``(1) In general.--Not later than 90 days after entering
into an agreement with a Governor of a State under subsection
(a)(1), the Secretary and such Governor shall, with respect to
the fireshed management areas designated under such agreement,
jointly conduct a stewardship and fireshed assessment that--
``(A) identifies--
``(i) using the best available data,
wildfire exposure risks within each such
fireshed management area, including scenario
planning and wildfire hazard mapping and
models; and
``(ii) each at-risk community within each
fireshed management area;
``(B) identifies potential fireshed management
projects to be carried out in such fireshed management
areas, giving priority--
``(i) primarily, to projects with the
purpose of reducing threats to public health
and safety from catastrophic wildfire;
``(ii) secondarily, to projects with the
purpose of protecting--
``(I) critical infrastructure;
``(II) wildlife habitats;
``(III) watersheds or improving
water yield; or
``(IV) any combination of purposes
described in subclauses (I) through
(III);
``(C) includes--
``(i) a strategy for reducing the threat of
wildfire to at-risk communities in the
wildland-urban interface;
``(ii) recommended fireshed management
project size limitations based on the best
available data;
``(iii) a timeline for the implementation
of fireshed management projects; and
``(iv) long-term benchmark goals for the
completion of fireshed management projects in
the highest wildfire exposure areas; and
``(D) shall be regularly updated based on the best
available data, as determined by the Secretary.
``(2) Information improvement.--
``(A) Memorandums of understanding.--In carrying
out a stewardship and fireshed assessment under this
subsection, the Secretary may enter into memorandums of
understanding with other Federal agencies or
departments, States, private entities, or research or
educational institutions to improve, with respect to
such assessment, the use and integration of--
``(i) advanced remote sensing and
geospatial technologies;
``(ii) statistical modeling and analysis;
or
``(iii) any other technology the Secretary
determines will benefit the quality of
information of such an assessment.
``(B) State information.--To the maximum extent
practicable, the Secretary shall incorporate data from
State forest action plans, State wildfire risk
assessments, and other State sources in conducting an
assessment under paragraph (1).
``(c) Fireshed Management Projects.--
``(1) In general.--The Secretary shall carry out fireshed
management projects in fireshed management areas designated
under an agreement under subsection (a)(1) in accordance with
the timeline and project size limitations included in the
stewardship and fireshed assessment relating to such areas
under subsection (b)(1)(C).
``(2) Requirements.--A fireshed management project shall--
``(A) be carried out--
``(i) in accordance with paragraph (3); and
``(ii) in accordance with the applicable
forest management plan; and
``(B) be--
``(i) developed through a collaborative
process;
``(ii) proposed by a resource advisory
committee (as defined in section 201 of the
Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7121)); or
``(iii) covered by a community wildfire
protection plan.
``(3) Authorized activities.--A fireshed management project
shall have the primary purpose of--
``(A) creating fuel breaks and fire breaks;
``(B) conducting hazardous fuels management;
``(C) conducting prescribed burns;
``(D) removing dead trees, dying trees, or trees at
high-risk of dying; or
``(E) carrying out any combination of the
activities described in subparagraphs (A) through (D).
``(4) Categorical exclusion for fireshed management
projects.--Fireshed management projects under this subsection
shall be--
``(A) considered an action categorically excluded
from the 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); and
``(B) exempt from the special administrative review
process under section 105.
``(5) Exclusions.--A fireshed management project may not be
carried out on lands--
``(A) that are included in the National Wilderness
Preservation System;
``(B) that are located within a national or State-
specific inventoried roadless area established by the
Secretary of Agriculture through regulation, unless--
``(i) the forest management activity to be
carried out under such authority is consistent
with the forest plan applicable to the area; or
``(ii) the activity is allowed under the
applicable roadless rule governing such lands,
including--
``(I) the Idaho roadless rule under
subpart C of part 294 or title 36, Code
of Federal Regulations;
``(II) the Colorado roadless rule
under subpart D of part 294 of title
36, Code of Federal Regulations; or
``(III) any other roadless rule
developed after the date of the
enactment of this section by the
Secretary with respect to a specific
State; or
``(C) on which timber harvesting for any purpose is
prohibited by Federal statute.
``(6) Rule of construction for certain roadless rules.--
Nothing in this section shall be construed to affect the
roadless rules described in subclauses (I) and (II) of
paragraph (5)(B)(ii).
``(7) Use of other authorities.--To the maximum extent
practicable, the Secretary shall use existing statutory and
administrative authorities, including a good neighbor agreement
entered into under section 8206 of the Agricultural Act of 2014
(16 U.S.C. 2113a), to carry out each fireshed management
project.
``(d) Judicial Review.--Section 106 shall apply to fireshed
management projects conducted under this section in the same manner as
such section applies to an authorized hazardous fuels reduction project
conducted under title I, except that 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 fireshed management project in the wildland-urban interface.
``(e) Report Required.--Not later than 2 years after the date of
the enactment of this section and annually thereafter, the Secretary
shall submit to Congress a report evaluating the progress and
implementation of fireshed management projects under this section.
``(f) Definitions.--In this section:
``(1) Collaborative process.--The term `collaborative
process' means 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 through collaboration with interested persons, as
described in section 603(b)(1)(C).
``(2) Fireshed.--The term `fireshed' means a landscape-
scale area that faces similar wildfire threat where a response
strategy could influence the wildfire outcome.
``(3) 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).
``(4) Hazardous fuels management.--The term `hazardous
fuels management' means any vegetation management activities
that reduce the risk of wildfire, including mechanical
treatments and livestock grazing.
``(5) 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.
``(6) 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).
``(7) Secretary.--The term `Secretary' 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.
``(8) Section 101 terms.--The terms `at-risk community',
`community wildfire protection plan', and `wildland-urban
interface' have the meanings given such terms, respectively, in
section 101.''.
TITLE II--STREAMLINED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF
CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
Subtitle A--Analysis of Proposed Collaborative Forest Management
Activities
SEC. 201. 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) will occur on lands identified as the Secretary
concerned as suitable for timber production; and
(2) meets at least one of the following conditions:
(A) The forest management activity 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 the date of enactment of this
Act.
(B) The forest management activity is developed
through a collaborative process.
(C) The forest management activity is proposed by a
resource advisory committee.
(D) The forest management activity is covered by a
community wildfire protection plan.
(b) Consideration of Alternatives.--In the case of 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 described in subsection (b)(2), the Secretary
concerned shall consider whether to evaluate--
(1) the effect of no action on--
(A) forest health;
(B) potential losses of life and property;
(C) habitat diversity;
(D) wildfire potential;
(E) insect and disease potential; and
(F) 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) potential losses of life and property;
(B) domestic water supply in the project area;
(C) wildlife habitat loss; and
(D) other economic and social factors.
Subtitle B--Categorical Exclusions
SEC. 211. 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 such habitat from catastrophic disturbances;
(5) to increase water yield;
(6) to remove dead or dying trees or trees at high risk of
dying;
(7) to facilitate native species restoration; or
(8) any combination of the purposes specified in paragraphs
(1) through (7).
(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 as provided 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. 212. CATEGORICAL EXCLUSION 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,
consistent with the applicable forest plan, to modify, improve,
enhance, or create early successional forests for wildlife habitat
improvement and other purposes.
(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 forest management activities described
in subsection (b)--
(1) to meet early successional forest goals; and
(2) to maximize production and regeneration of priority
species, as identified in the forest plan and consistent with
the capability of the treatment units.
(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. 213. CATEGORICAL EXCLUSION FOR OUTDOOR RECREATION.
(a) Categorical Exclusion Established.--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) Activities Designated for Categorical Exclusion.--The
activities designated under this section for a categorical exclusion
are activities carried out by the Secretary concerned on National
Forest System lands or public lands where the primary purpose of such
activity is to--
(1) issue, amend, replace, or extend the administrative
terms of an existing or expired special use authorization, if
the holder or applicant of such special use authorization is in
full compliance with the terms and conditions of such special
use authorization;
(2) modify, remove, repair, maintain, reconstruct, or
replace a facility for an existing special use authorization;
(3) issue a new special use authorization or amendment to
an existing special use authorization for activities that will
occur on existing roads, trails, facilities, or areas approved
for use in an applicable forest plan or other documented
decision;
(4) approve, modify, or continue special uses of National
Forest System lands or public lands for less than 5 years;
(5) approve, modify, or continue special use authorizations
on National Forest System land that require less than 20 acres
of contiguous land;
(6) operate, maintain, modify, construct, reconstruct,
improve, decommission, relocate, or dispose of buildings,
infrastructure, or other improvements at developed recreation
sites;
(7) remove hazard trees for the purpose of protecting
public health or safety or improving access to a recreation
site; or
(8) any combination of the purposes specified in paragraphs
(1) through (7).
(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.
SEC. 214. CATEGORICAL EXCLUSION FOR INFRASTRUCTURE IMPROVEMENTS.
(a) Categorical Exclusion Established.--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) Activities Designated for Categorical Exclusion.--The
activities designated under this section for a categorical exclusion
are activities carried out by the Secretary concerned on National
Forest System lands or public lands where the primary purpose of such
activity is to--
(1) convert an unauthorized road or trail into a National
Forest System road or trail;
(2) construct or realign segments of National Forest System
roads or roads on Federal land not exceeding 5 miles;
(3) construct segments of National Forest System roads not
exceeding 10 miles;
(4) reclassify a National Forest System road or roads on
Federal lands at a different maintenance level;
(5) reconstruct or rehabilitate bridges;
(6) approve new or additional communications facilities,
associated improvements, or communication uses at a site
already identified as available for such purposes;
(7) maintain, construct, reconstruct, improve,
decommission, relocate, or dispose of buildings,
infrastructure, or other improvements at administrative sites;
(8) approve the use of land for a utility corridor that
crosses a National Forest; or
(9) any combination of the purposes specified in paragraphs
(1) through (8).
(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.
SEC. 215. 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. 216. 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 such lands.
(2) Activities authorized.--The following activities may be
carried out pursuant to the categorical exclusion established
under subsection (a):
(A) Removal of noxious weeds through late-season
livestock grazing, targeted livestock grazing,
prescribed burns, or 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 permanent infrastructure
and maintenance of existing 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 and transplanting of
sagebrush, grass, forb, shrub, and other species of
grass.
(H) Use of herbicides, so long as the Secretary
concerned determines that the activity is otherwise
conducted consistently with the 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--
(A) after both the invasive species and native
perennial species have completed their current-year
annual growth cycle; and
(B) before new plant growth begins to appear in the
following year.
(3) Noxious weeds.--The term ``noxious weeds'' includes
juniper trees, medusahead rye, conifer trees, pinon pine trees,
cheatgrass, and other noxious or invasive weeds specified on a
Federal or State noxious weed list.
(4) Targeted livestock grazing.--The term ``targeted
livestock grazing'' means grazing used for purposes of
hazardous fuel management.
SEC. 217. CATEGORICAL EXCLUSION FOR WILDFIRE PREVENTION AND DROUGHT
MITIGATION.
(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--
(1) protect a municipal or Tribal water source from damage
caused by wildfire;
(2) improve ecosystem health, resilience, and other
watershed and habitat conditions;
(3) improve, maintain, or restore water yield or quality;
(4) improve, maintain, or restore snowpack;
(5) adapt the forest landscape to an increased threat of
drought; or
(6) any combination of the purposes specified in paragraphs
(1) through (5).
(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 is located in an area that, at the
time of such activity--
(A) is in a severe, extreme, or exceptional
drought; or
(B) has been in a severe, extreme, or exceptional
drought in the previous 5 years.
SEC. 218. CLARIFICATION OF EXISTING CATEGORICAL EXCLUSION AUTHORITY
RELATED TO INSECT AND DISEASE INFESTATION.
(a) Insect and Disease Categorical Exclusion.--Section 603(c) of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)) is
amended--
(1) in paragraph (1), by striking ``3000 acres'' and
inserting ``10,000 acres''; and
(2) in paragraph (2)(B), 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. 219. CLARIFICATION OF EXISTING CATEGORICAL EXCLUSION AUTHORITY
RELATED TO WILDFIRE RESILIENCE PROJECTS.
Section 605(c) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591d(c)) is amended--
(1) in paragraph (1), by striking ``3000 acres'' and
inserting ``10,000 acres''; and
(2) in paragraph (2)(B), 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. 220. CATEGORICAL EXCLUSION FOR JOINT PROJECTS.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated under this
section for a categorical exclusion are forest management activities--
(1) carried out by the Secretary concerned jointly with the
head of another Federal agency on National Forest System lands
or public lands;
(2) for which a categorical exclusion applies with respect
to such other Federal agency.
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section after obtaining written confirmation from the other
Federal agency that the categorical exclusion applies to the proposed
forest management activity.
SEC. 221. USE OF ESTABLISHED CATEGORICAL EXCLUSIONS.
Title I of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) is amended by adding at the end the following:
``SEC. 106. USE OF ESTABLISHED CATEGORICAL EXCLUSIONS.
``(a) In General.--
``(1) Authority established.--A Federal agency may
designate any covered category of actions as being
categorically excluded from the preparation of an environmental
assessment or an environmental impact statement under section
102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332) without further substantiation.
``(2) Covered category of actions.--For purposes of
paragraph (1), the term `covered category of actions' means,
with respect to a Federal agency, a category of action
identified by another Federal agency as being categorically
excluded from the preparation of an environmental assessment or
an environmental impact statement under section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332).
``(b) Judicial Review.--A categorical exclusion established
pursuant to subsection (a)(1) shall not be subject to judicial review.
``(c) Exclusion.--The authorities provided by this section do not
apply with respect to any National Forest System lands or public
lands--
``(1) that are included in the National Wilderness
Preservation System;
``(2) that are located within a national or State specific
inventoried roadless area established by the Secretary of
Agriculture through regulation, unless--
``(A) the forest management activity to be carried
out under such authority is consistent with the forest
plan applicable to the area; or
``(B) the Secretary concerned determines the
activity is allowed under the applicable roadless rule
governing such lands; or
``(3) on which timber harvesting for any purpose is
prohibited by Federal statute.''.
Subtitle C--General Provisions for Forest Management Activities
SEC. 231. 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. 232. CONSULTATION UNDER THE NATIONAL HISTORIC PRESERVATION ACT.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall each develop, in consultation with relevant
consulting parties, a programmatic agreement or other appropriate
program alternative pursuant to section 800.14 of title 36, Code of
Federal Regulations (or successor regulations) for expediting reviews
under section 306108 of title 54, United States Code, for forest
management activities carried out pursuant to this Act.
(b) Requirement.--A programmatic agreement or other appropriate
program alternative developed under subsection (a) shall incorporate
the concepts of phased identification and evaluation in accordance with
section 800.4(b)(2) of title 36, Code of Federal Regulations (or
successor regulations).
SEC. 233. 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 species listed under section 4 of such Act (16
U.S.C. 1533) or a critical habitat (as defined in section 3 of such Act
(16 U.S.C. 1532)).
(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 before the last day of 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 before the last day of
the 90-day period described in such paragraph, the forest
management activity for which such consultation was initiated--
(A) shall be deemed to be in compliance with
section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536(a)(2)); and
(B) may be carried out.
SEC. 234. 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 III--SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS
SEC. 301. 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. 302. 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, to the maximum extent practicable,
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 section.
(d) Timeline for Public Input Process.--
(1) In general.--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--
(A) 30 days for public scoping and comment;
(B) 15 days for filing an objection; and
(C) 15 days for the agency response to the filing
of an objection.
(2) Implementation.--On the final day of the process
required in paragraph (1), the Secretary concerned shall
implement the project for which the process was initiated.
(e) Conversion of Timber Sales.--
(1) In general.--Not later than 60 days after a wildfire is
contained on National Forest System lands, the Secretary of
Agriculture shall convert any timber sales on lands impacted by
such wildfire to salvage sales.
(2) Analysis deemed sufficient.--If the Regional Forester
determines that a proposed timber sale has been sufficiently
analyzed under the National Environmental Policy Act, such
analysis shall be deemed to fulfill the requirements of section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) with respect to such salvage sale.
SEC. 303. COMPLIANCE WITH FOREST PLAN.
A salvage operation or reforestation activity authorized by this
Act 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. 304. 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.
TITLE IV--FOREST MANAGEMENT LITIGATION
SEC. 401. 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 under this Act.
SEC. 402. 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 this Act, 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 this Act, 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.
SEC. 403. 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 for the activities described in
paragraph (2). Such arbitration pilot program shall take place
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 under this Act for
arbitration under the arbitration pilot program established
under paragraph (1).
(3) Maximum amount of arbitrations.--
(A) In general.--Under the arbitration pilot
program, the Secretary concerned may not arbitrate more
than 10 objections or protests to forest management
activities under this Act in a fiscal year in--
(i) each Forest Service Region; and
(ii) each State Region of the Bureau of
Land Management.
(B) Not subject to judicial review.--A
determination made by the Secretary concerned that an
objection or protest to a forest management activity
under this Act is an activity described under paragraph
(2) shall not be subject to judicial review.
(4) Determining amount of arbitrations.--An objection or
protest to a forest management activity under this Act 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.--
(A) In general.--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) Activity in arbitration.--An objection or
protest to a forest management activity under this Act
that has commenced but has not completed arbitration on
the date of termination under subparagraph (A) shall
continue until such arbitration is completed.
(b) Intervening Parties.--
(1) Requirements.--Any person that submitted a public
comment on a forest management activity under this Act 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 this 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) potential losses of life and property;
(iii) habitat diversity;
(iv) wildfire potential;
(v) insect and disease potential;
(vi) timber production; and
(vii) 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) potential losses of life and
property;
(II) domestic water costs;
(III) wildlife habitat loss; and
(IV) other economic and social
factors.
(e) Effect of Decision.--The decision of an arbitrator with respect
to a forest management activity under this Act shall--
(1) not be considered a major Federal action;
(2) be binding; and
(3) 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 a forest management
activity under this Act, the arbitration process shall be completed.
TITLE V--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT
AMENDMENTS
SEC. 501. USE OF RESERVED FUNDS FOR TITLE II PROJECTS ON FEDERAL LAND
AND CERTAIN NON-FEDERAL LAND.
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 with boundaries that include Federal land that the
Secretary concerned determines has been subject to a timber or
other forest products program in the 5 fiscal years preceding
the fiscal year in which the funds are reserved.''.
TITLE VI--STEWARDSHIP END RESULT CONTRACTING
SEC. 601. 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 ``the value of
services received by the Chief or the Director'' and all that
follows through the period at the end and inserting the
following: ``the value of--
``(i) 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; and
``(ii) any payments made by the contractor
to the Chief or Director under a stewardship
contract project conducted under this section
shall be considered monies received from the
National Forest System or the public lands.''.
SEC. 602. 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.--In the case of a contract or agreement
between the Chief or Director and the private persons or other
public or private entities described in subsection (b) entered
into before February 7, 2014, at the request of such private
persons or other public or private entities, the Chief or
Director, as applicable, shall modify such contract or
agreement to include the fire liability provisions described in
paragraph (7).''.
SEC. 603. EXTENSION OF STEWARDSHIP CONTRACTING MAXIMUM TERM LIMITS.
Section 604 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c) is amended--
(1) in subsection (d)(3)(B), by striking ``10 years'' and
inserting ``20 years''; and
(2) in subsection (h), by adding at the end the following:
``(4) Special rule for long-term stewardship contracts.--
``(A) In general.--A long-term agreement or
contract entered into with an entity under subsection
(b) by the Chief or the Director shall provide that in
the case of the cancellation or termination by the
Chief or the Director of such long-term agreement or
contract, the Chief or the Director, as applicable,
shall provide 10 percent of the agreement or contract
amount to such entity as cancellation or termination
costs.
``(B) Definition of long-term agreement or
contract.--In this paragraph, the term `long-term
agreement or contract' means an agreement or contract
under subsection (b)--
``(i) with a term of more than 5 years; and
``(ii) entered into on or after the date of
the enactment of this paragraph.''.
TITLE VII--TRIBAL FORESTRY PARTICIPATION AND PROTECTION
SEC. 701. 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. 702. TRIBAL AND ALASKA NATIVE BIOCHAR DEMONSTRATION PROJECT.
The Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.)
is amended as follows:
(1) In section 2--
(A) by striking subsection (a);
(B) by redesignating subsections (b) through (g) as
subsections (a) through (f), respectively,
(C) by striking ``subsection (b)'' each place it
appears and inserting ``subsection (a)''; and
(D) by striking ``subsection (c)'' each place it
appears and inserting ``subsection (b)''.
(2) By adding at the end the following:
``SEC. 3. TRIBAL AND ALASKA NATIVE BIOCHAR DEMONSTRATION PROJECT.
``(a) Stewardship Contracts or Similar Agreements.--For each of
fiscal years 2021 through 2030, the Secretary shall enter into
stewardship contracts or similar agreements (excluding direct service
contracts) with Indian Tribes or Tribal organizations to carry out
demonstration projects to support the development and commercialization
of biochar on Indian forest land or rangeland and in nearby communities
by providing reliable supplies of feedstock from Federal land.
``(b) Demonstration Projects.--In each fiscal year for which
demonstration projects are authorized under this section, not less than
4 new demonstration projects that meet the eligibility criteria
described in subsection (c) shall be carried out under contracts or
agreements described in subsection (a).
``(c) Eligibility Criteria.--To be eligible to enter into a
contract or agreement under this section, an Indian Tribe shall submit
to the Secretary an application that includes--
``(1) a description of--
``(A) the Indian forest land or rangeland under the
jurisdiction of the Indian Tribe; and
``(B) the demonstration project proposed to be
carried out by the Indian Tribe; and
``(2) such other information as the Secretary may require.
``(d) Selection.--In evaluating the applications submitted under
subsection (c), the Secretary shall--
``(1) take into consideration whether a proposed project--
``(A) creates new jobs and enhances the economic
development of the Indian Tribe;
``(B) demonstrates new and innovative uses of
biochar, viable markets for cost effective biochar-
based products, or ecosystem services of biochar;
``(C) improves the forest health or watersheds of
Federal land or Indian forest land or rangeland;
``(D) demonstrates new investments in biochar
infrastructure or otherwise promotes the development
and commercialization of biochar;
``(E) is located in an area with--
``(i) nearby lands identified as having a
high, very high, or extreme risk of wildfire;
``(ii) availability of sufficient
quantities of feedstock; or
``(iii) a high level of demand for biochar
or other commercial byproducts of biochar; or
``(F) any combination of purposes specified in
subparagraphs (A) through (E); and
``(2) exclude from consideration any merchantable logs that
have been identified by the Secretary for commercial sale.
``(e) Implementation.--The Secretary shall--
``(1) ensure that the criteria described in subsection (c)
are publicly available by not later than 120 days after the
date of the enactment of this section; and
``(2) to the maximum extent practicable, consult with
Indian Tribes and appropriate intertribal organizations likely
to be affected in developing the application and otherwise
carrying out this section.
``(f) Report.--Not later than 2 years after the date of the
enactment of this section and every year thereafter, the Secretary
shall submit to Congress a report that describes, with respect to the
reporting period--
``(1) each individual Tribal application received under
this section; and
``(2) each contract and agreement entered into pursuant to
this section.
``(g) Incorporation of Management Plans.--To the maximum extent
practicable, on receipt of a request from an Indian Tribe, the
Secretary shall incorporate into a contract or agreement with that
Indian Tribe entered into pursuant to this section, management plans
(including forest management and integrated resource management plans
and Indian Trust Asset Management Plans) in effect on the Indian forest
land or rangeland of that Indian Tribe.
``(h) Term.--A contract or agreement entered into under this
section--
``(1) shall be for a term of not more than 20 years; and
``(2) may be renewed in accordance with this section for
not more than an additional 10 years.
``SEC. 4. DEFINITIONS.
``In this Act:
``(1) Biochar.--The term `biochar' means carbonized biomass
produced by converting feedstock through reductive thermal
processing for non-fuel uses.
``(2) 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.
``(3) Feedstock.--The term `feedstock' means excess biomass
in the form of plant matter or materials that serves as the raw
material for the production of biochar.
``(4) 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.
``(5) Indian tribe.--The term `Indian Tribe' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(6) 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.
``(7) Tribal organization.--The term `Tribal organization'
has the meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).''.
SEC. 703. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF STEWARDSHIP
END RESULT CONTRACTING AND OTHER AUTHORITIES.
(a) Prompt Consideration of Tribal Requests.--Subsection (a) of
section 2 of the Tribal Forest Protection Act of 2004 (25 U.S.C.
3115a), as redesignated by section 702, 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 to enter into an agreement or
contract and carry out the proposed activities
under such agreement or contract; and
``(ii) enter into an 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), as amended by section
702, is further amended--
(1) in subsections (a)(1) and (e)(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))'' in both places it appears and inserting ``section
604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591c)''; and
(2) in subsection (c), by striking ``denies'' and all that
follows through ``the Secretary may'' and inserting ``denies a
tribal request under paragraph (1) or (4)(B) of subsection (b),
the Secretary shall''.
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
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).
SEC. 802. AGENCY CONSULTATION REQUIREMENTS.
(a) Forest Service Plans.--Section 6(d)(2) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(d)(2)) is amended to read as follows:
``(2) No additional consultation required under certain
circumstances.--Notwithstanding any other provision of law, the
Secretary shall not be required to reinitiate consultation
under section 7(a)(2) of the Endangered Species Act of 1973 (16
U.S.C. 1536(a)(2)) or section 402.16 of title 50, Code of
Federal Regulations (or successor regulations), on a land
management plan approved, amended, or revised under this
section when a species is listed, critical habitat is
designated, or new information concerning a listed species or
critical habitat becomes available.''.
(b) Bureau of Land Management Plans.--Section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended by
adding at the end the following:
``(g) No Additional Consultation Required Under Certain
Circumstances.--Notwithstanding any other provision of law, the
Secretary shall not be required to reinitiate consultation under
section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(2)) or section 402.16 of title 50, Code of Federal Regulations
(or successor regulations), on a land use plan approved, amended, or
revised under this section when a species is listed, critical habitat
is designated, or new information concerning a listed species or
critical habitat becomes available.''.
TITLE IX--MISCELLANEOUS
Subtitle A--Forest Management Provisions
SEC. 901. 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
(or successor regulations), to--
(1) authorize alternative consultation agreements among
Federal agencies, under which a Federal agency may determine if
an action such Federal agency authorizes is likely to adversely
affect listed species or critical habitat; and
(2) if such Federal agency determines such action is not
likely to adversely affect listed species or critical habitat
pursuant to paragraph (1), not require such Federal agency to
complete a formal consultation, informal consultation, or
written concurrence of the United States Fish and Wildlife
Service or the National Marine Fisheries Service with respect
to such action.
SEC. 902. REVISION OF EXTRAORDINARY CIRCUMSTANCES REGULATIONS.
(a) Proposed Rulemaking; Revision.--Not later than 60 days after
the date of enactment of this section, the Secretary of Agriculture
shall--
(1) publish a notice of proposed rulemaking to revise
section 220.6(b) of title 36, Code of Federal Regulations (or
successor regulations), to conform with subsection (b); and
(2) revise section 220.5(a)(2) of title 36, Code of Federal
Regulations (or successor regulations), to exclude proposals
that would substantially alter a potential wilderness area from
the classes of actions normally requiring environmental impact
statements.
(b) 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 (or successor regulations), of the
proposed action's cumulative impact (as the term is defined in
section 1508.7 of title 40, Code of Federal Regulations (or
successor 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.
(c) 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 subsection (a).
SEC. 903. CONDITIONS ON FOREST SERVICE ROAD DECOMMISSIONING.
If a maintenance level 1 or a maintenance level 2 road (as defined
by the Forest Service) is considered for decommissioning and the road
is within a designated high fire-prone area of a unit of the National
Forest System--
(1) the Forest Supervisor of such unit shall--
(A) consult with the government of the county
containing the road regarding the merits and possible
consequences of decommissioning the road; and
(B) solicit possible alternatives to
decommissioning the road; and
(2) such road may not be decommissioned without the advance
approval of the Regional Forester.
SEC. 904. PROHIBITION ON APPLICATION OF EASTSIDE SCREENS REQUIREMENTS
ON NATIONAL FOREST SYSTEM LANDS.
(a) Repeal of Eastside Screens Requirements.--Notwithstanding any
other provision of law, not later than 1 day after the date of the
enactment of this section, the Secretary of Agriculture shall repeal
the Interim Management Direction Establishing Riparian, Ecosystem, and
Wildlife Standards for Timber Sales (commonly known as the ``Eastside
Screens''), including all predecessor or associated versions of these
amendments.
(b) Effect of Repeal.--On and after the date of the enactment of
this section, the Secretary of Agriculture may not apply any of the
amendments repealed under subsection (a) with respect to National
Forest System lands.
SEC. 905. 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 non-significant plan amendment through the
record of decision or decision notice for the project or activity.
SEC. 906. KNUTSON-VANDENBERG ACT.
(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 with respect to any unit 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) Technical Correction.--In section 318(1) of division E of the
Consolidated Appropriations Act, 2005 (Public Law 108-447), the
following is repealed: ```(b) Amounts deposited under subsection
(a)';''.
SEC. 907. APPLICATION OF NORTHWEST FOREST PLAN SURVEY AND MANAGE
MITIGATION MEASURE STANDARD AND GUIDELINES.
The Northwest Forest Plan Survey and Manage Mitigation Measure
Standards and Guidelines shall not apply with respect to any National
Forest System lands or public lands.
SEC. 908. DESIGNATION OF CERTAIN TREATMENT AREAS.
Section 602 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591a) is amended--
(1) in the heading, by striking ``designation of'';
(2) by amending subsection (a) to read as follows:
``(a) Definitions.--In this section:
``(1) 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).
``(2) Declining forest health.--The term `declining forest
health' means a qualified forest that is experiencing--
``(A) substantially increased tree mortality due to
insect or disease infestation; or
``(B) dieback due to infestation or defoliation by
insects or disease.
``(3) 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).
``(4) Public lands.--The term `public lands' has the
meaning given that term in section 103 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702), except that
the term includes Coos Bay Wagon Road Grant lands and Oregon
and California Railroad Grant lands.
``(5) Qualified forest.--The term `qualified forest' means
a forest located in--
``(A) National Forest System lands; or
``(B) public lands.
``(6) Secretary concerned.--The term `Secretary concerned'
means--
``(A) with respect to National Forest System lands,
the Secretary of Agriculture; and
``(B) with respect to public lands, the Secretary
of the Interior.'';
(3) by amending subsection (b) to read as follows:
``(b) Authority.--The Secretary concerned may carry out insect and
disease treatment programs in a qualified forest that meets the
requirements specified in subsection (c).'';
(4) in subsection (c), by striking ``To be designated a
landscape-scale area under subsection (b), the area shall be''
and inserting ``The Secretary concerned may only carry out
projects under subsection (b) in a qualified forest that is'';
and
(5) in subsection (d)(1), by striking ``on Federal land in
the areas designated''.
SEC. 909. GOOD NEIGHBOR AGREEMENTS.
(a) Reconstruction and Repair.--Section 8206(a)(4) of the
Agricultural Act of 2014 (16 U.S.C. 2113a(a)(4)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by striking ``and'';
(B) by redesignating clause (iii) as clause (v);
(C) by inserting after clause (ii) the following:
``(iii) construction, reconstruction,
repair, or restoration of roads as necessary to
achieve project objectives;
``(iv) activities conducted under section
607 of the Healthy Forests Restoration Act of
2003;'';
(D) in clause (v), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(E) by adding at the end the following:
``(vi) any combination of activities
specified in clauses (i) through (v).''; 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.''.
(b) Treatment of Revenue.--Section 8206(b)(2)(C) of the
Agricultural Act of 2014 (16 U.S.C. 2113a) is amended to read as
follows:
``(C) Treatment of revenue.--Funds received from
the sale of timber by a Governor of a State under a
good neighbor agreement shall be retained and used by
the Governor--
``(i) to carry out authorized restoration
services under such good neighbor agreement;
and
``(ii) if funds are remaining after
carrying out the services under clause (i), to
carry out authorized restoration services
within the State under other good neighbor
agreements.''.
SEC. 910. GIANT SEQUOIA TREES PROTECTION PLAN.
(a) Findings.--Congress finds the following:
(1) Giant sequoia trees only naturally grow in California
on the western slopes of the Sierra Nevada Mountains.
(2) Mature giant sequoia trees can be up to 2,000 years
old.
(3) Thirty of the largest giant sequoia trees in the world
are located in Sequoia and Kings Canyon National Parks, with
many other large, old-growth trees in the Sequoia National
Forest.
(4) On August 19, 2020, the lightning-ignited Castle Fire
and another fire were discovered in the Sequoia National
Forest, ultimately named the SQF Complex Fire.
(5) The SQF Complex Fire burned over 170,000 acres,
primarily in the Sequoia National Forest.
(6) According to a Federal interagency report, between
7,500 and 10,600 large giant sequoia trees, representing 10 to
14 percent of the world's giant sequoia tree population, were
killed in the SQF Complex Fire.
(7) According to the San Francisco Chronicle, the world's
ninth largest giant sequoia tree, the King Arthur Tree, was
destroyed by the SQF Complex Fire.
(8) Giant sequoia trees play an important role in the
region's ecosystem.
(9) Many communities near giant sequoia groves depend on
these unique natural wonders to help support their local
economies through tourism.
(10) It is critical to protect the unique and ancient giant
sequoia trees for current and future generations to see and
enjoy.
(b) Protection Plan.--Not later than 1 year after date of the
enactment of this section, the Secretary concerned shall develop a
protection plan for giant sequoia trees across their natural range in
California, on National Forest System lands and public lands, that
includes recommendations to increase the health and resiliency of giant
sequoia trees with respect to threats including--
(1) catastrophic wildfire;
(2) insect and disease infestation; and
(3) drought.
(c) Plan Components.--In developing the protection plan under
subsection (b), the Secretary concerned may--
(1) conduct research and identify knowledge gaps on giant
sequoia tree health and resiliency;
(2) establish protocols for monitoring and surveying giant
sequoia trees, including through geospatial and remote sensing
technologies;
(3) identify innovative, experimental, or cutting-edge
technologies or management practices to protect individual
giant sequoia trees or giant sequoia groves from destruction by
wildfires;
(4) develop guidelines, protocols, or practices for
reducing the risk of catastrophic wildfire to giant sequoia
trees;
(5) consult with State, Tribal, and local government
officials and other interested local stakeholders in
implementing this section; and
(6) develop materials to educate and promote awareness with
respect to the importance of protecting giant sequoia trees
from catastrophic wildfires.
(d) Report to Congress.--Not later than 1 year after the date of
the enactment of this section, the Secretary concerned shall submit to
the Committees on Agriculture and Natural Resources of the House of
Representatives, and the Committees on Agriculture, Nutrition, and
Forestry and Energy and Natural Resources of the Senate, a report that
includes the following:
(1) The protection plan developed under subsection (b).
(2) A description of any additional authorities necessary
to protect giant sequoia trees.
(3) A description of any barriers to protecting giant
sequoia trees from catastrophic wildfire.
(e) Implementation.--Not later than 30 days after submitting the
report to Congress under subsection (d), the Secretary concerned shall
begin to implement the recommendations of the protection plan developed
under subsection (b).
Subtitle B--Oregon and California Railroad Grant Lands and Coos Bay
Wagon Road Grant Lands
SEC. 921. AMENDMENTS TO THE ACT OF AUGUST 28, 1937.
The first paragraph of the first section of the Act of August 28,
1937 (50 Stat. 874; 43 U.S.C. 2601), is amended--
(1) by striking ``conformity with the principal'' and
inserting ``conformity with the principle'';
(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. 922. 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, 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 any predecessor or successor
regulations), are deemed permanent rights of access that--
(1) are recordable; and
(2) shall run with the land.
(b) Records Updated.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Interior shall--
(1) amend the reciprocal road right-of-way permits, grants,
and agreements described in subsection (a) to reflect the
permanent rights of access deemed as such under subsection (a);
and
(2) record amendments made under paragraph (1) in each
county where the lands affected by such amendments are located.
(c) Restriction on Amendments.--No other amendments shall be made
to the right-of-way permits, grants, and agreements as recorded under
subsection (b).
SEC. 923. MANAGEMENT OF BUREAU OF LAND MANAGEMENT LANDS IN WESTERN
OREGON.
(a) In General.--Except as provided in subsection (c), all public
lands 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 by the Secretary of the Interior in
accordance with title I of the Act of August 28, 1937 (50 Stat. 874; 43
U.S.C. 2601 through 2604).
(b) Revenue.--Except as provided in subsection (c), all of the
revenue produced from the public lands described in subsection (a)
shall--
(1) be deposited in the Treasury of the United States in
the Oregon and California land-grant fund; and
(2) be subject to the provisions of title II of the Act of
August 28, 1937 (50 Stat. 875; 43 U.S.C. 2605).
(c) Exclusions.--
(1) Certain lands excluded.--Subsections (a) and (b) shall
not apply to--
(A) the Yaquina Head Outstanding Natural Area
established under section 119 of Public Law 96-199 (43
U.S.C. 1783);
(B) lands managed under the Wild and Scenic Rivers
Act (Public Law 90-542; 16 U.S.C. 1271 et seq.);
(C) lands managed under the Wilderness Act (Public
Law 88-577; 16 U.S.C. 1131 et seq.); and
(D) lands managed under the National Trails System
Act (Public Law 90-543; 16 U.S.C. 1241 et seq.).
(2) Certain revenue excluded.--Subsections (a) and (b)
shall 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 (53 Stat. 753; 43 U.S.C.
2621 through 2624).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Conservation and Forestry.
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