Fostering Opportunities for Resources and Education Spending through Timber Sales Act of 2022 or the FORESTS Act of 2022
This bill directs the Department of Agriculture to designate an area of each national forest for production of material to provide revenue for payments under the Secure Rural Schools and Community Self-Determination Act of 2000.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8091 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8091
To restore employment and educational opportunities in, and improve the
economic stability of, counties containing National Forest System land,
while also reducing Forest Service management costs, by ensuring that
such counties have a dependable source of revenue from timber sales
conducted on National Forest System land, to reduce payments under the
Secure Rural Schools and Community Self-Determination Act of 2000 to
reflect such counties receipt of timber sale revenues, to strengthen
stewardship end result contracting, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2022
Mrs. Rodgers of Washington (for herself and Mr. Newhouse) 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 restore employment and educational opportunities in, and improve the
economic stability of, counties containing National Forest System land,
while also reducing Forest Service management costs, by ensuring that
such counties have a dependable source of revenue from timber sales
conducted on National Forest System land, to reduce payments under the
Secure Rural Schools and Community Self-Determination Act of 2000 to
reflect such counties receipt of timber sale revenues, to strengthen
stewardship end result contracting, 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 ``Fostering
Opportunities for Resources and Education Spending through Timber Sales
Act of 2022'' or the ``FORESTS Act of 2022''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
TITLE I--FOREST ACTIVE MANAGEMENT AREAS
Sec. 101. Definitions.
Sec. 102. Establishment of Forest Active Management Areas and annual
volume requirements.
Sec. 103. Management of Forest Active Management Areas.
Sec. 104. Environmental analysis process for covered active management
projects.
Sec. 105. Expedited compliance with Endangered Species Act.
Sec. 106. Administrative review.
Sec. 107. Use of arbitration instead of litigation to address challenge
to covered active management project
developed through collaborative process.
Sec. 108. Distribution of forest active management revenues.
Sec. 109. Annual report.
TITLE II--TRANSITION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT OF 2000 AND 25-PERCENT PAYMENTS
Sec. 201. Prohibition on State retention of portion of 25-percent
payments made on behalf of beneficiary
counties.
TITLE III--STEWARDSHIP END RESULT CONTRACTING AUTHORITY
Sec. 301. Maximum authorized duration of stewardship end result
contracts.
Sec. 302. Payment of portion of stewardship project revenues to county
in which stewardship project occurs.
Sec. 303. Use of contractors to perform environmental analysis in
connection with stewardship end result
contracting projects.
TITLE IV--OTHER MATTERS
Sec. 401. Treatment as supplemental funding.
Sec. 402. Definition of fire suppression to include certain related
activities.
Sec. 403. Prohibition on certain actions regarding Forest Service roads
and trails.
SEC. 2. PURPOSES.
The purposes of this Act are as follows:
(1) To restore employment and educational opportunities in,
and improve the economic stability of, counties containing
National Forest System land.
(2) To ensure that such counties have a dependable source
of revenue from National Forest System land.
(3) To reduce Forest Service management costs while also
ensuring the protection of United States forest resources.
(4) To reduce the frequency and severity of catastrophic
wildfires on Federal lands.
TITLE I--FOREST ACTIVE MANAGEMENT AREAS
SEC. 101. DEFINITIONS.
In this title:
(1) Annual volume requirement.--
(A) In general.--The term ``annual volume
requirement'', with respect to a Forest Active
Management Area, means, the annual volume of national
forest materials from such Forest Active Management
Area that, subject to an adjustment pursuant to section
102(e)(2), is equal to or greater than--
(i) the allowable sale quantity established
in the applicable forest plan for such Area,
(ii) divided by 10.
(B) Exclusions.--In determining the volume of
national forest materials or the sustained yield of a
Forest Active Management Area, the Secretary may not
include non-commercial post and pole sales and personal
use firewood.
(2) Beneficiary county.--The term ``beneficiary county''
means a political subdivision of a State that, on account of
containing National Forest System land, was eligible to receive
payments for any of the fiscal years 2001 through 2015 through
the State under title I of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7111 et
seq.).
(3) Collaborative process.--The term ``collaborative
process'' refers to a planning, decisionmaking, and management
process that, as determined by the forest manager of the unit
of the National Forest System for which the process will occur
and as confirmed by the Regional Forester--
(A) includes multiple interested persons
representing diverse interests; and
(B) is transparent and nonexclusive or meets the
requirements for a resource advisory committee under
subsections (c) through (f) of section 205 of the
Secure Rural Schools and Community Self-Determination
Act of 2000 (16 U.S.C. 7125).
(4) Covered active management project.--The terms ``covered
active management project'' and ``covered project'' mean a
project involving the management or sale of national forest
materials within a Forest Active Management Area to generate
forest active management revenues and achieve the annual volume
requirement for the Forest Active Management Area.
(5) Forest active management area.--
(A) In general.--The term ``Forest Active
Management Area'' means National Forest System land in
a unit of the National Forest System that has been
identified in the 5-year period preceding the date of
such identification as being overstocked based off of
basal area or at risk of wildfire and suitable for
timber production.
(B) Exclusions.--A Forest Active Management Area
may not include National Forest System land--
(i) that is a component of the National
Wilderness Preservation System;
(ii) on which the removal of vegetation is
specifically prohibited by Federal statute; or
(iii) that is included within a National
Monument as of the date of the enactment of
this Act.
(6) Forest active management revenues.--The term ``forest
active management revenues'' means revenues derived from the
sale of national forest materials in a Forest Active Management
Area.
(7) National forest materials.--The term ``national forest
materials'' has the meaning given that term in section 14(e)(1)
of the National Forest Management Act of 1976 (16 U.S.C.
472a(e)(1)).
(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)), except that the term does not include
the National Grasslands and land utilization projects
designated as National Grasslands administered pursuant to the
Act of July 22, 1937 (7 U.S.C. 1010-1012).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(10) Sustained yield.--The term ``sustained yield'' means
the maximum annual growth potential of a forest calculated on
the basis of the culmination of mean annual increment using
cubic measurement.
(11) State.--The term ``State'' includes the Commonwealth
of Puerto Rico.
(12) 25-percent payment.--The term ``25-percent payment''
means the payment to States required by the sixth paragraph
under the heading of ``FOREST SERVICE'' in the Act of May 23,
1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act
of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).
SEC. 102. ESTABLISHMENT OF FOREST ACTIVE MANAGEMENT AREAS AND ANNUAL
VOLUME REQUIREMENTS.
(a) Establishment of Forest Active Management Areas.--
Notwithstanding any other provision of law, the Secretary shall
establish one or more Forest Active Management Areas within each unit
of the National Forest System.
(b) Deadline for Establishment.--The Secretary shall complete the
establishment of Forest Active Management Areas not later than 60 days
after the date of the enactment of this Act.
(c) Purpose.--The purpose of a Forest Active Management Area is to
provide a dependable source of 25-percent payments and economic
activity through sustainable forest management for each beneficiary
county containing National Forest System land included within that
Forest Active Management Area.
(d) Fiduciary Responsibility.--The Secretary shall have a fiduciary
responsibility to beneficiary counties to manage a Forest Active
Management Area to satisfy the annual volume requirement established
for that Forest Active Management Area.
(e) Annual Volume Requirement.--
(1) Deadline for establishment.--Not later than 30 days
after the date of the establishment of a Forest Active
Management Area, the Secretary shall establish the annual
volume requirement for that Forest Active Management Area.
(2) Collaborative adjustment authority.--
(A) In general.--The Secretary shall make publicly
available the annual volume requirement for a Forest
Active Management Area.
(B) Petition for adjustment.--Not later than 30
days after an annual volume requirement for a Forest
Management Area is made publicly available under
subparagraph (A), a forest management collaborative
located in the same Forest Service region as the Forest
Active Management Area may petition the Secretary to
adjust such annual volume requirement.
(C) Determination.--In the case of a petition under
subparagraph (B), the Secretary shall make a
determination on such petition not later than 60 days
after receiving such petition.
(f) Size of Forest Active Management Area.--
(1) Minimum size.--Except as provided in paragraph (3), the
Forest Active Management Areas established within a unit of the
National Forest System shall include not less than 50 percent
of the National Forest System lands in that unit identified as
commercial forest land capable of producing twenty cubic feet
of timber per acre.
(2) Reduction prohibited.--Except as provided in paragraph
(3), once a Forest Active Management Area is established, the
Secretary may not reduce the number of acres of National Forest
System land included in that Forest Active Management Area.
(3) Collaborative adjustment authority.--The Secretary may
reduce the number of acres of National Forest System land
included in a Forest Active Management Area, including an
acreage reduction resulting in the inclusion of a quantity of
commercial forest land below the percentage required by
paragraph (1) and section 101(5)(B), if the reduction is
developed and agreed upon through a collaborative process.
(g) Map.--The Secretary shall submit a map of all Forest Active
Management Areas established under subsection (a) and a map of any
Forest Active Management Area whose acreage is adjusted made pursuant
to subsection (f)(3)--
(1) to the Committee on Agriculture and the Committee on
Natural Resources of the House of Representatives; and
(2) to the Committee on Agriculture, Nutrition, and
Forestry and the Committee on Energy and Natural Resources of
the Senate.
(h) Recognition of Valid and Existing Rights.--Neither the
establishment of Forest Active Management Areas under subsection (a)
nor any other provision of this title shall be construed to limit or
restrict--
(1) access to National Forest System land for hunting,
fishing, recreation, and other related purposes; or
(2) valid and existing rights regarding National Forest
System land, including rights of any federally recognized
Indian tribe.
SEC. 103. MANAGEMENT OF FOREST ACTIVE MANAGEMENT AREAS.
(a) Requirement To Achieve Annual Volume Requirement.--Immediately
upon the establishment of a Forest Active Management Area, the
Secretary shall manage the Forest Active Management Area in the manner
necessary to achieve the annual volume requirement for the Forest
Active Management Area. Not later than 1 year after the date of the
enactment of this Act, the Secretary shall commence covered active
management projects to begin generating forest active management
revenues.
(b) Standards for Projects Within Forest Active Management Areas.--
The Secretary shall conduct covered active management projects within
Forest Active Management Areas in accordance with this section and
sections 104 and 105, which shall serve as the sole means by which the
Secretary will comply with the National Environmental Policy Act of
1969 (42 U.S.C. 4331 et seq.) and other laws applicable to the covered
projects.
(c) Use of Collaborative Process.--The Secretary is authorized and
encouraged to develop covered active management projects for a Forest
Active Management Area through a collaborative process. The decision
notice for a covered active management project shall describe the
collaborative process by which the project was developed, including a
description of--
(1) participation by or consultation with State, local, and
tribal governments; and
(2) any established record of successful collaborative
planning and implementation of forest management projects by
the collaborators.
(d) Use of Contractors To Perform Environmental Analysis.--
(1) In general.--As part of a covered active management
project, or as a separate agreement or contract in connection
with one or more covered active management projects, the
Secretary may procure the services of persons who are not
Federal employees to perform activities necessary to ensure
project for compliance with the National Environmental Policy
Act of 1969 (42 U.S.C. 4331 et seq.) and the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
(2) Approval requirement.--Services performed under this
subsection are subject to approval by the Chief of the Forest
Service or other responsible official of the Forest Service.
(3) Funding source.--As provided in section 108(c)(2), the
Secretary shall use forest active management revenues to cover
the cost of services procured under this subsection.
(e) Application of Land and Resource Management Plan.--
(1) Modification authority.--The Secretary may modify the
standards and guidelines contained in the land and resource
management plan for the unit of the National Forest System in
which the covered active management project will be carried out
as necessary to achieve the requirements of this Act.
(2) Harvesting system.--Section 6(g)(3)(E)(iv) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604(g)(3)(E)(iv)) shall not apply to a covered
active management project.
(f) Use of All-Terrain Vehicles for Management Activities.--The
Secretary may allow the use of all-terrain vehicles within the Forest
Active Management Areas for the purpose of activities associated with
the sale of national forest materials in a Forest Active Management
Area.
SEC. 104. ENVIRONMENTAL ANALYSIS PROCESS FOR COVERED ACTIVE MANAGEMENT
PROJECTS.
(a) Environmental Assessment.--Except in the case of a covered
active management project for which a categorical exclusion is
available under subsection (e) or a Forest Active Management Area for
which a programmatic environmental impact statement is in effect under
subsection (f), the Secretary shall--
(1) publish advance notice of each covered active
management project proposed to be conducted within a Forest
Active Management Area; and
(2) complete an environmental assessment pursuant to
section 102(2) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)) for the proposed covered active management
project.
(b) No Alternative Version.--The Secretary is not required to
study, develop, or describe any alternative to the proposed agency
action.
(c) Cumulative Effects.--The Secretary shall consider cumulative
effects solely by evaluating the impacts of a proposed covered active
management project combined with the impacts of any other projects that
were approved with a Decision Notice or Record of Decision before the
date on which the Secretary published notice of the proposed covered
project. The cumulative effects of past projects may be considered in
the environmental assessment by using a description of the current
environmental conditions.
(d) Treatment of Decision Notice.--The decision notice for a
covered active management project shall be considered a final agency
action and no additional analysis under the National Environmental
Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall be required to
implement any portion of the covered project.
(e) Applicability of NEPA.--The designation and management of a
Forest Active Management Area under this Act shall not be subject to
the requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4331 et seq.).
SEC. 105. EXPEDITED COMPLIANCE WITH ENDANGERED SPECIES ACT.
(a) Non-Jeopardy Assessment.--If the Secretary makes a
determination that a proposed covered active management project is not
likely to jeopardize the continued existence of any species listed as
endangered or threatened under section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533), the Secretary shall--
(1) prepare an explanation of the basis for the
determination; and
(2) submit the determination and explanation to the
Secretary of the Interior or the Secretary of Commerce, as
appropriate.
(b) Review and Response.--
(1) In general.--Within 30 days after receiving a
determination made by the Secretary under subsection (a), the
Secretary of the Interior or the Secretary of Commerce, as
appropriate, shall provide a written response to the Secretary
concurring in or rejecting the Secretary's determination.
(2) Effect of rejection.--If the Secretary of the Interior
or the Secretary of Commerce rejects the determination made by
the Secretary under subsection (a), the written response of the
Secretary of the Interior or the Secretary of Commerce under
paragraph (1) shall include recommendations for measures that--
(A) will avoid the likelihood of jeopardy to an
endangered or threatened species;
(B) can be implemented in a manner consistent with
the intended purpose of the covered active management
project;
(C) can be implemented consistent with the scope of
the Secretary's legal authority and jurisdiction; and
(D) are economically and technologically feasible.
(c) Formal Consultation.--In addition to recommendations made under
subsection (b)(2) when the Secretary of the Interior or the Secretary
of Commerce rejects a determination issued by the Secretary under
subsection (a), the Secretary of the Interior or the Secretary of
Commerce, as the case may be, shall engage in formal consultation with
the Secretary pursuant to section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536). The Secretaries shall complete such consultation
within 90 days after the submission of the written response under
subsection (b).
SEC. 106. ADMINISTRATIVE REVIEW.
Administrative review of a covered active management project shall
occur only in accordance with the special administrative review process
and requirements established under section 105 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6515), including the project-level
predecisional administrative review process established in part 218 of
title 36, Code of Federal Regulations.
SEC. 107. USE OF ARBITRATION INSTEAD OF LITIGATION TO ADDRESS CHALLENGE
TO COVERED ACTIVE MANAGEMENT PROJECT DEVELOPED THROUGH
COLLABORATIVE PROCESS.
(a) Arbitration Process.--
(1) In general.--In the case of a covered active management
project that was developed through a collaborative process, any
challenge to the covered project made after the special
administrative review process required by section 106 shall be
addressed using arbitration consistent with this section
instead of through judicial review.
(2) Who may seek.--Any person who sought administrative
review for the covered project described in paragraph (1) and
who is not satisfied with the decision made under the
administrative review process may file a demand for arbitration
regarding the covered project in accordance with chapter 1 of
title 9, United States Code.
(b) Requirements for Demand.--The demand for arbitration under
subsection (a)(2) shall--
(1) be filed not more than 30 days after the date on which
the administrative review decision was issued; and
(2) include a proposal describing the modifications sought
to the covered project.
(c) Intervening Parties.--
(1) Requirements.--Any person that submitted a public
comment on the covered active management project subject to
arbitration may intervene in the arbitration--
(A) by endorsing the covered project or the
modification proposal submitted under subsection
(b)(2); or
(B) by submitting a proposal to further modify the
covered project.
(2) Deadline for submission.--A request to intervene in an
arbitration must be submitted not later than the date that is
30 days after the date on which the demand for arbitration was
filed.
(3) Multiple parties.--Multiple objectors or intervening
parties may submit a joint proposal so long as each objector or
intervening party meets the eligibility requirements of
subsection (a)(2) or paragraph (1), whichever applies.
(d) Appointment of Arbitrator.--The United States District Court in
the district in which the covered active management project is located
shall appoint the arbitrator to conduct the arbitration proceedings in
accordance with this section and chapter 1 of title 9, United States
Code.
(e) Selection of Proposals.--
(1) In general.--The arbitrator appointed under subsection
(d)--
(A) may not modify any of the proposals submitted
with the demand for arbitration or a request to
intervene; and
(B) shall select to be conducted--
(i) a proposal submitted by an objector or
an intervening party; or
(ii) the covered active management project,
as approved by the Secretary.
(2) Selection criteria.--An arbitrator shall select the
proposal that best meets the purpose and needs described in the
environmental analysis conducted for the covered project.
(f) Effect of Decision.--The decision of an arbitrator with respect
to the covered active management project--
(1) shall not be considered a major Federal action;
(2) shall be binding; and
(3) shall not be subject to judicial review.
(g) Deadline for Completion.--Not later than 90 days after the date
on which the demand for arbitration is filed with respect to the
covered active management project, the arbitration process shall be
completed.
SEC. 108. DISTRIBUTION OF FOREST ACTIVE MANAGEMENT REVENUES.
(a) Use To Make 25-Percent Payments.--The Secretary shall use
forest active management revenues generated by covered active
management projects to make 25-percent payments to States for payment
to beneficiary counties.
(b) Relation to Payments Under Secure Rural Schools and Community
Self-Determination Act of 2000.--Subject to the offset required by
subsection (f) of section 102 of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7112), a beneficiary county
may receive both--
(1) a share of the 25-percent payments made to a State
under subsection (a); and
(2) a share of the payment for the State (known as the
State payment) calculated under section 101(a) of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7111(a)) for which the beneficiary county made an
election (or was deemed to make an election) under section
102(b)(1) of such Act (16 U.S.C. 7112(b)(1)).
(c) Other Uses of Revenues.--After compliance with subsection (a),
the Secretary shall use forest active management revenues--
(1) to make deposits into the fund established under
section 3 of the Act of June 9, 1930 (16 U.S.C. 576b; commonly
known as the Knutson-Vandenberg Fund), and the fund established
under section 14(h) of the National Forest Management Act of
1976 (16 U.S.C. 472a(h); commonly known as the salvage sale
fund) in contributions equal to the monies otherwise collected
under those Acts for projects conducted on National Forest
System land; and
(2) to cover the cost of project services procured under
section 103(d).
(d) Deposit in General Fund of the Treasury.--After compliance with
subsections (a) and (c), the Secretary shall deposit remaining forest
active management revenues into the general fund of the Treasury.
SEC. 109. ANNUAL REPORT.
(a) Report Required.--Not later than 60 days after the end of each
fiscal year, the Secretary shall submit to Congress an annual report
specifying the following:
(1) The annual volume requirement in effect for that fiscal
year for each Forest Active Management Area.
(2) The volume of board feet actually harvested for each
Forest Active Management Area during that fiscal year.
(3) The average cost of preparation for timber sales for
each Forest Active Management Area during that fiscal year.
(4) The forest active management revenues generated from
such sales.
(5) The total amount of 25-percent payments made to States
under section 108(a) during that fiscal year for the benefit of
beneficiary counties and the amount of forest active management
revenues distributed to each beneficiary county.
(b) Form of Report.--The information required by subsection (a) to
be provided with respect to a Forest Active Management Area shall be
presented on a single page.
(c) Public Availability.--The Secretary shall make each annual
report available on the website of the Forest Service.
TITLE II--TRANSITION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT OF 2000 AND 25-PERCENT PAYMENTS
SEC. 201. PROHIBITION ON STATE RETENTION OF PORTION OF 25-PERCENT
PAYMENTS MADE ON BEHALF OF BENEFICIARY COUNTIES.
(a) Amendment of Act of May 23, 1908.--The sixth paragraph under
the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (16 U.S.C.
500), is amended in the first sentence by striking ``situated:
Provided, That when'' and inserting the following: ``situated.
Beginning on the date of the enactment of the FORESTS Act of 2022, the
State or Territorial legislature may not withhold any of the amount
paid under this paragraph from distribution to the county or counties
in which the national forest is situated. When''.
(b) Conforming Amendment to Weeks Law.--Section 13 of the Act of
March 1, 1911 (commonly known as the Weeks Law; 16 U.S.C. 500), is
amended in the first sentence by striking ``situated: Provided, That
when'' and inserting the following: ``situated. Beginning on the date
of the enactment of the FORESTS Act of 2022, the State legislature may
not withhold any of the amount paid under this section from
distribution to the county or counties in which such national forest is
situated. When''.
TITLE III--STEWARDSHIP END RESULT CONTRACTING AUTHORITY
SEC. 301. MAXIMUM AUTHORIZED DURATION OF STEWARDSHIP END RESULT
CONTRACTS.
Section 604(d)(3)(B) of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591c(d)(3)(B)) is amended by striking ``10 years'' and
inserting ``20 years''.
SEC. 302. 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 by adding at the end the following new
paragraph:
``(4) Payment of portion of stewardship project revenues to
counties.--Of the monies retained under paragraph (2) from an
agreement or contract under subsection (b), the Chief or the
Director, as the case may be, shall pay 25 percent of the
retained monies to the county or counties in which the project
site is situated.''.
SEC. 303. USE OF CONTRACTORS TO PERFORM ENVIRONMENTAL ANALYSIS IN
CONNECTION WITH STEWARDSHIP END RESULT CONTRACTING
PROJECTS.
Section 604(b) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c(b)) is amended--
(1) by striking ``The Chief'' and inserting the following:
``(1) Project authority.--The Chief''; and
(2) by adding at the end the following new paragraph:
``(2) Related project preparation authority.--
``(A) In general.--As part of an agreement or
contract under paragraph (1) for a stewardship
contracting project, or as a separate agreement or
contract in connection with one or more stewardship
contracting projects, the Chief or Director may procure
the services of persons who are not Federal employees
to perform activities necessary to ensure project for
compliance with the National Environmental Policy Act
of 1969 (42 U.S.C. 4331 et seq.) and the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
``(B) Approval requirement.--Services performed
under this paragraph are subject to approval by the
Chief, Director, or other responsible official of the
Forest Service or Bureau of Land Management.
``(C) Funding sources.--The offset authority
provided by subsection (d)(4)(A) and receipts available
for expenditure under subsection (e)(2)(B) may be used
to cover the cost of services procured under this
paragraph.''.
TITLE IV--OTHER MATTERS
SEC. 401. TREATMENT AS SUPPLEMENTAL FUNDING.
None of the funds made available to a beneficiary county (as
defined in section 101(2) of this Act) or other political subdivision
of a State under this Act shall be used in lieu of or to otherwise
offset State funding sources for local schools, facilities, or
educational purposes.
SEC. 402. DEFINITION OF FIRE SUPPRESSION TO INCLUDE CERTAIN RELATED
ACTIVITIES.
For purposes of utilizing amounts made available to the Secretary
of Agriculture or the Secretary of the Interior for fire suppression
activities, including funds made available from the FLAME Fund, the
term ``fire suppression'' includes reforestation, site rehabilitation,
salvage operations, and replanting occurring following fire damage on
lands under the jurisdiction of the Secretary concerned or following
fire suppression efforts on such lands by the Secretary concerned.
SEC. 403. PROHIBITION ON CERTAIN ACTIONS REGARDING FOREST SERVICE ROADS
AND TRAILS.
The Forest Service shall not remove or otherwise eliminate or
obliterate any legally created road or trail unless there has been a
specific decision, which included adequate and appropriate public
involvement, to decommission the specific road or trail in question.
The fact that any road or trail is not a Forest System road or trail,
or does not appear on a Motor Vehicle Use Map, shall not constitute a
decision.
<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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