[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2647 Reported in Senate (RS)]
<DOC>
Calendar No. 634
114th CONGRESS
2d Session
H. R. 2647
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 13, 2015
Received; read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
September 19, 2016
Reported by Mr. Roberts, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Resilient
Federal Forests Act of 2015''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF
CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
<DELETED>Sec. 101. Analysis of only two alternatives (action versus no
action) in proposed collaborative forest
management activities.
<DELETED>Sec. 102. Categorical exclusion to expedite certain critical
response actions.
<DELETED>Sec. 103. Categorical exclusion to expedite salvage operations
in response to catastrophic events.
<DELETED>Sec. 104. Categorical exclusion to meet forest plan goals for
early successional forests.
<DELETED>Sec. 105. Clarification of existing categorical exclusion
authority related to insect and disease
infestation.
<DELETED>Sec. 106. Categorical exclusion to improve, restore, and
reduce the risk of wildfire.
<DELETED>Sec. 107. Compliance with forest plan.
<DELETED>TITLE II--SALVAGE AND REFORESTATION IN RESPONSE TO
CATASTROPHIC EVENTS
<DELETED>Sec. 201. Expedited salvage operations and reforestation
activities following large-scale
catastrophic events.
<DELETED>Sec. 202. Compliance with forest plan.
<DELETED>Sec. 203. Prohibition on restraining orders, preliminary
injunctions, and injunctions pending
appeal.
<DELETED>Sec. 204. Exclusion of certain lands.
<DELETED>TITLE III--COLLABORATIVE PROJECT LITIGATION REQUIREMENT
<DELETED>Sec. 301. Definitions.
<DELETED>Sec. 302. Bond requirement as part of legal challenge of
certain forest management activities.
<DELETED>TITLE IV--SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT AMENDMENTS
<DELETED>Sec. 401. Use of reserved funds for title II projects on
Federal land and certain non-Federal land.
<DELETED>Sec. 402. Resource advisory committees.
<DELETED>Sec. 403. Program for title II self-sustaining resource
advisory committee projects.
<DELETED>Sec. 404. Additional authorized use of reserved funds for
title III county projects.
<DELETED>Sec. 405. Treatment as supplemental funding.
<DELETED>TITLE V--STEWARDSHIP END RESULT CONTRACTING
<DELETED>Sec. 501. Cancellation ceilings for stewardship end result
contracting projects.
<DELETED>Sec. 502. Excess offset value.
<DELETED>Sec. 503. Payment of portion of stewardship project revenues
to county in which stewardship project
occurs.
<DELETED>Sec. 504. Submission of existing annual report.
<DELETED>Sec. 505. Fire liability provision.
<DELETED>TITLE VI--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT
ACTIVITIES
<DELETED>Sec. 601. Definitions.
<DELETED>Sec. 602. Availability of stewardship project revenues and
Collaborative Forest Landscape Restoration
Fund to cover forest management activity
planning costs.
<DELETED>Sec. 603. State-supported planning of forest management
activities.
<DELETED>TITLE VII--TRIBAL FORESTRY PARTICIPATION AND PROTECTION
<DELETED>Sec. 701. Protection of tribal forest assets through use of
stewardship end result contracting and
other authorities.
<DELETED>Sec. 702. Management of Indian forest land authorized to
include related National Forest System
lands and public lands.
<DELETED>Sec. 703. Tribal forest management demonstration project.
<DELETED>TITLE VIII--MISCELLANEOUS FOREST MANAGEMENT PROVISIONS
<DELETED>Sec. 801. Balancing short- and long-term effects of forest
management activities in considering
injunctive relief.
<DELETED>Sec. 802. Conditions on Forest Service road decommissioning.
<DELETED>Sec. 803. Prohibition on application of Eastside Screens
requirements on National Forest System
lands.
<DELETED>Sec. 804. Use of site-specific forest plan amendments for
certain projects and activities.
<DELETED>Sec. 805. Knutson-Vandenberg Act modifications.
<DELETED>Sec. 806. Exclusion of certain National Forest System lands
and public lands.
<DELETED>Sec. 807. Application of Northwest Forest Plan Survey and
Manage Mitigation Measure Standard and
Guidelines.
<DELETED>Sec. 808. Management of Bureau of Land Management lands in
western Oregon.
<DELETED>Sec. 809. Bureau of Land Management resource management plans.
<DELETED>Sec. 810. Landscape-scale forest restoration project.
<DELETED>TITLE IX--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
<DELETED>Sec. 901. Wildfire on Federal lands.
<DELETED>Sec. 902. Declaration of a major disaster for wildfire on
Federal lands.
<DELETED>Sec. 903. Prohibition on transfers.
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In titles I through VIII:</DELETED>
<DELETED> (1) Catastrophic event.--The term ``catastrophic
event'' means any natural disaster (such as hurricane, tornado,
windstorm, snow or ice storm, rain storm, high water, wind-
driven water, tidal wave, earthquake, volcanic eruption,
landslide, mudslide, drought, or insect or disease outbreak) or
any fire, flood, or explosion, regardless of cause.</DELETED>
<DELETED> (2) Categorical exclusion.--The term ``categorical
exclusion'' refers to an exception to the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4331 et
seq.) for a project or activity relating to the management of
National Forest System lands or public lands.</DELETED>
<DELETED> (3) Collaborative process.--The term
``collaborative process'' refers to a process relating to the
management of National Forest System lands or public lands by
which a project or activity is developed and implemented by the
Secretary concerned through collaboration with interested
persons, as described in section 603(b)(1)(C) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C.
6591b(b)(1)(C)).</DELETED>
<DELETED> (4) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
that term in section 101(3) of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6511(3)).</DELETED>
<DELETED> (5) 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).</DELETED>
<DELETED> (6) 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 in concert with the forest plan covering the
lands.</DELETED>
<DELETED> (7) Forest plan.--The term ``forest plan'' means--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (8) 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.</DELETED>
<DELETED> (9) 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)).</DELETED>
<DELETED> (10) Oregon and california railroad grant lands.--
The term ``Oregon and California Railroad Grant lands'' means
the following lands:</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (11) Public lands.--The term ``public lands'' has
the meaning given that term in section 103(e) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)),
except that the term includes Coos Bay Wagon Road Grant lands
and Oregon and California Railroad Grant lands.</DELETED>
<DELETED> (12) Reforestation activity.--The term
``reforestation activity'' means a project or activity carried
out by the Secretary concerned whose primary purpose is the
reforestation of impacted lands following a large-scale
catastrophic event. The term includes planting, evaluating and
enhancing natural regeneration, clearing competing vegetation,
and other activities related to reestablishment of forest
species on the fire-impacted lands.</DELETED>
<DELETED> (13) Resource advisory committee.--The term
``resource advisory committee'' has the meaning given that term
in section 201(3) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7121(3)).</DELETED>
<DELETED> (14) Salvage operation.--The term ``salvage
operation'' means a forest management activity undertaken in
response to a catastrophic event whose primary purpose--
</DELETED>
<DELETED> (A) is 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;</DELETED>
<DELETED> (B) is to provide an opportunity for
utilization of forest materials damaged as a result of
the catastrophic event; or</DELETED>
<DELETED> (C) is 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.</DELETED>
<DELETED> (15) Secretary concerned.--The term ``Secretary
concerned'' means--</DELETED>
<DELETED> (A) the Secretary of Agriculture, with
respect to National Forest System lands; and</DELETED>
<DELETED> (B) the Secretary of the Interior, with
respect to public lands.</DELETED>
<DELETED>TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF
CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT
ACTIVITIES</DELETED>
<DELETED>SEC. 101. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION VERSUS NO
ACTION) IN PROPOSED COLLABORATIVE FOREST MANAGEMENT
ACTIVITIES.</DELETED>
<DELETED> (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(2) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a
forest management activity that--</DELETED>
<DELETED> (1) is developed through a collaborative
process;</DELETED>
<DELETED> (2) is proposed by a resource advisory committee;
or</DELETED>
<DELETED> (3) is covered by a community wildfire protection
plan.</DELETED>
<DELETED> (b) Consideration of Alternatives.--In an environmental
assessment or environmental impact statement described in subsection
(a), the Secretary concerned shall study, develop, and describe only
the following two alternatives:</DELETED>
<DELETED> (1) The forest management activity, as proposed
pursuant to paragraph (1), (2), or (3) of subsection
(a).</DELETED>
<DELETED> (2) The alternative of no action.</DELETED>
<DELETED> (c) Elements of Non-Action Alternative.--In the case of
the alternative of no action, the Secretary concerned shall evaluate--
</DELETED>
<DELETED> (1) the effect of no action on--</DELETED>
<DELETED> (A) forest health;</DELETED>
<DELETED> (B) habitat diversity;</DELETED>
<DELETED> (C) wildfire potential; and</DELETED>
<DELETED> (D) insect and disease potential;
and</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) domestic water costs;</DELETED>
<DELETED> (B) wildlife habitat loss; and</DELETED>
<DELETED> (C) other economic and social
factors.</DELETED>
<DELETED>SEC. 102. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL
RESPONSE ACTIONS.</DELETED>
<DELETED> (a) Availability of Categorical Exclusion.--A categorical
exclusion is available to the Secretary concerned to develop and carry
out a forest management activity on National Forest System lands or
public lands when the primary purpose of the forest management activity
is--</DELETED>
<DELETED> (1) to address an insect or disease
infestation;</DELETED>
<DELETED> (2) to reduce hazardous fuel loads;</DELETED>
<DELETED> (3) to protect a municipal water source;</DELETED>
<DELETED> (4) to maintain, enhance, or modify critical
habitat to protect it from catastrophic disturbances;</DELETED>
<DELETED> (5) to increase water yield; or</DELETED>
<DELETED> (6) any combination of the purposes specified in
paragraphs (1) through (5).</DELETED>
<DELETED> (b) Acreage Limitations.--</DELETED>
<DELETED> (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
granted by subsection (a) may not contain harvest units
exceeding a total of 5,000 acres.</DELETED>
<DELETED> (2) Larger areas authorized.--A forest management
activity covered by the categorical exclusion granted by
subsection (a) may not contain harvest units exceeding a total
of 15,000 acres if the forest management activity--</DELETED>
<DELETED> (A) is developed through a collaborative
process;</DELETED>
<DELETED> (B) is proposed by a resource advisory
committee; or</DELETED>
<DELETED> (C) is covered by a community wildfire
protection plan.</DELETED>
<DELETED>SEC. 103. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS
IN RESPONSE TO CATASTROPHIC EVENTS.</DELETED>
<DELETED> (a) Availability of Categorical Exclusion.--A categorical
exclusion is available to the Secretary concerned to develop and carry
out a salvage operation as part of the restoration of National Forest
System lands or public lands following a catastrophic event.</DELETED>
<DELETED> (b) Acreage Limitations.--</DELETED>
<DELETED> (1) In general.--A salvage operation covered by
the categorical exclusion granted by subsection (a) may not
contain harvest units exceeding a total of 5,000
acres.</DELETED>
<DELETED> (2) Harvest area.--In addition to the limitation
imposed by paragraph (1), the harvest units covered by the
categorical exclusion granted by subsection (a) may not exceed
one-third of the area impacted by the catastrophic
event.</DELETED>
<DELETED> (c) Additional Requirements.--</DELETED>
<DELETED> (1) Road building.--A salvage operation covered by
the categorical exclusion granted by subsection (a) may not
include any new permanent roads. Temporary roads constructed as
part of the salvage operation shall be retired before the end
of the fifth fiscal year beginning after the completion of the
salvage operation.</DELETED>
<DELETED> (2) Stream buffers.--A salvage operation covered
by the categorical exclusion granted by 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.</DELETED>
<DELETED> (3) 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 granted by subsection (a).</DELETED>
<DELETED>SEC. 104. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR
EARLY SUCCESSIONAL FORESTS.</DELETED>
<DELETED> (a) Availability of Categorical Exclusion.--A categorical
exclusion is available to the Secretary concerned to develop and carry
out a forest management activity on National Forest System lands or
public lands when the primary purpose of the forest management activity
is to modify, improve, enhance, or create early successional forests
for wildlife habitat improvement and other purposes, consistent with
the applicable forest plan.</DELETED>
<DELETED> (b) Project Goals.--To the maximum extent practicable, the
Secretary concerned shall design a forest management activity under
this section to meet early successional forest goals in such a manner
so as to maximize production and regeneration of priority species, as
identified in the forest plan and consistent with the capability of the
activity site.</DELETED>
<DELETED> (c) Acreage Limitations.--A forest management activity
covered by the categorical exclusion granted by subsection (a) may not
contain harvest units exceeding a total of 5,000 acres.</DELETED>
<DELETED>SEC. 105. CLARIFICATION OF EXISTING CATEGORICAL EXCLUSION
AUTHORITY RELATED TO INSECT AND DISEASE
INFESTATION.</DELETED>
<DELETED> Section 603(c)(2)(B) of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591b(c)(2)(B)) is amended by striking ``Fire
Regime Groups I, II, or III'' and inserting ``Fire Regime I, Fire
Regime II, Fire Regime III, or Fire Regime IV''.</DELETED>
<DELETED>SEC. 106. CATEGORICAL EXCLUSION TO IMPROVE, RESTORE, AND
REDUCE THE RISK OF WILDFIRE.</DELETED>
<DELETED> (a) Availability of Categorical Exclusion.--A categorical
exclusion is available to the Secretary concerned to carry out a forest
management activity described in subsection (c) on National Forest
System Lands or public lands when the primary purpose of the activity
is to improve, restore, or reduce the risk of wildfire on those
lands.</DELETED>
<DELETED> (b) Acreage Limitations.--A forest management activity
covered by the categorical exclusion granted by subsection (a) may not
exceed 5,000 acres.</DELETED>
<DELETED> (c) Authorized Activities.--The following activities may
be carried out using a categorical exclusion granted by subsection
(a):</DELETED>
<DELETED> (1) Removal of juniper trees, medusahead rye,
conifer trees, pinon pine trees, cheatgrass, and other noxious
or invasive weeds specified on Federal or State noxious weeds
lists through late-season livestock grazing, targeted livestock
grazing, prescribed burns, and mechanical treatments.</DELETED>
<DELETED> (2) Performance of hazardous fuels
management.</DELETED>
<DELETED> (3) Creation of fuel and fire breaks.</DELETED>
<DELETED> (4) Modification of existing fences in order to
distribute livestock and help improve wildlife
habitat.</DELETED>
<DELETED> (5) Installation of erosion control
devices.</DELETED>
<DELETED> (6) Construction of new and maintenance of
permanent infrastructure, including stock ponds, water
catchments, and water spring boxes used to benefit livestock
and improve wildlife habitat.</DELETED>
<DELETED> (7) Performance of soil treatments, native and
non-native seeding, and planting of and transplanting
sagebrush, grass, forb, shrub, and other species.</DELETED>
<DELETED> (8) Use of herbicides, so long as the Secretary
concerned determines that the activity is otherwise conducted
consistently with agency procedures, including any forest plan
applicable to the area covered by the activity.</DELETED>
<DELETED> (d) Definitions.--In this section:</DELETED>
<DELETED> (1) Hazardous fuels management.--The term
``hazardous fuels management'' means any vegetation management
activities that reduce the risk of wildfire.</DELETED>
<DELETED> (2) Late-season grazing.--The term ``late-season
grazing'' means grazing activities that occur after both the
invasive species and native perennial species have completed
their current-year annual growth cycle until new plant growth
begins to appear in the following year.</DELETED>
<DELETED> (3) Targeted livestock grazing.--The term
``targeted livestock grazing'' means grazing used for purposes
of hazardous fuel reduction.</DELETED>
<DELETED>SEC. 107. COMPLIANCE WITH FOREST PLAN.</DELETED>
<DELETED> A forest management activity covered by a categorical
exclusion granted by this title 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.</DELETED>
<DELETED>TITLE II--SALVAGE AND REFORESTATION IN RESPONSE TO
CATASTROPHIC EVENTS</DELETED>
<DELETED>SEC. 201. EXPEDITED SALVAGE OPERATIONS AND REFORESTATION
ACTIVITIES FOLLOWING LARGE-SCALE CATASTROPHIC
EVENTS.</DELETED>
<DELETED> (a) Expedited Environmental Assessment.--Notwithstanding
any other provision of law, any environmental assessment prepared by
the Secretary concerned pursuant to section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) 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 3 months after
the conclusion of the catastrophic event.</DELETED>
<DELETED> (b) Expedited Implementation and Completion.--In the case
of reforestation activities conducted on National Forest System lands
or public lands adversely impacted by a large-scale catastrophic event,
the Secretary concerned shall achieve reforestation of at least 75
percent of the impacted lands during the 5-year period following the
conclusion of the catastrophic event.</DELETED>
<DELETED> (c) Availability of Knutson-Vandenberg Funds.--Amounts in
the special fund established pursuant to section 3 of the Act of June
9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b)
shall be available to the Secretary of Agriculture for reforestation
activities authorized by this title.</DELETED>
<DELETED> (d) Timeline for Public Input Process.--Notwithstanding
any other provision of law, in the case of a salvage operation or
reforestation activity proposed to be conducted on National Forest
System lands or public lands adversely impacted by a large-scale
catastrophic event, the Secretary concerned shall allow 30 days for
public scoping and comment, 15 days for filing an objection, and 15
days for the agency response to the filing of an objection. Upon
completion of this process and expiration of the period specified in
subsection (a), the Secretary concerned shall implement the project
immediately.</DELETED>
<DELETED>SEC. 202. COMPLIANCE WITH FOREST PLAN.</DELETED>
<DELETED> A salvage operation or reforestation activity authorized
by this title shall be conducted in a manner consistent with the forest
plan applicable to the National Forest System lands or public lands
covered by the salvage operation or reforestation activity.</DELETED>
<DELETED>SEC. 203. PROHIBITION ON RESTRAINING ORDERS, PRELIMINARY
INJUNCTIONS, AND INJUNCTIONS PENDING APPEAL.</DELETED>
<DELETED> No restraining order, preliminary injunction, or
injunction pending appeal shall be issued by any court of the United
States with respect to any decision to prepare or conduct a salvage
operation or reforestation activity in response to a large-scale
catastrophic event. Section 705 of title 5, United States Code, shall
not apply to any challenge to the salvage operation or reforestation
activity.</DELETED>
<DELETED>SEC. 204. EXCLUSION OF CERTAIN LANDS.</DELETED>
<DELETED> In applying this title, the Secretary concerned may not
carry out salvage operations or reforestation activities on National
Forest System lands or public lands--</DELETED>
<DELETED> (1) that are included in the National Wilderness
Preservation System;</DELETED>
<DELETED> (2) that are located within an inventoried
roadless area unless the reforestation activity is consistent
with the forest plan; or</DELETED>
<DELETED> (3) on which timber harvesting for any purpose is
prohibited by statute.</DELETED>
<DELETED>TITLE III--COLLABORATIVE PROJECT LITIGATION
REQUIREMENT</DELETED>
<DELETED>SEC. 301. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (1) Costs.--The term ``costs'' refers to the fees
and costs described in section 1920 of title 28, United States
Code.</DELETED>
<DELETED> (2) Expenses.--The term ``expenses'' includes the
expenditures incurred by the staff of the Secretary concerned
in preparing for and responding to a legal challenge to a
collaborative forest management activity and in participating
in litigation that challenges the forest management activity,
including such staff time as may be used to prepare the
administrative record, exhibits, declarations, and affidavits
in connection with the litigation.</DELETED>
<DELETED>SEC. 302. BOND REQUIREMENT AS PART OF LEGAL CHALLENGE OF
CERTAIN FOREST MANAGEMENT ACTIVITIES.</DELETED>
<DELETED> (a) Bond Required.--In the case of a forest management
activity developed through a collaborative process or proposed by a
resource advisory committee, any plaintiff or plaintiffs challenging
the forest management activity shall be required to post a bond or
other security equal to the anticipated costs, expenses, and attorneys
fees of the Secretary concerned as defendant, as reasonably estimated
by the Secretary concerned. All proceedings in the action shall be
stayed until the required bond or security is provided.</DELETED>
<DELETED> (b) Recovery of Litigation Costs, Expenses, and Attorneys
Fees.--</DELETED>
<DELETED> (1) Motion for payment.--If the Secretary
concerned prevails in an action challenging a forest management
activity described in subsection (a), the Secretary concerned
shall submit to the court a motion for payment, from the bond
or other security posted under subsection (a) in such action,
of the reasonable costs, expenses, and attorneys fees incurred
by the Secretary concerned.</DELETED>
<DELETED> (2) Maximum amount recovered.--The amount of
costs, expenses, and attorneys fees recovered by the Secretary
concerned under paragraph (1) as a result of prevailing in an
action challenging the forest management activity may not
exceed the amount of the bond or other security posted under
subsection (a) in such action.</DELETED>
<DELETED> (3) Return of remainder.--Any funds remaining from
the bond or other security posted under subsection (a) after
the payment of costs, expenses, and attorneys fees under
paragraph (1) shall be returned to the plaintiff or plaintiffs
that posted the bond or security in the action.</DELETED>
<DELETED> (c) Return of Bond to Prevailing Plaintiff.--</DELETED>
<DELETED> (1) In general.--If the plaintiff ultimately
prevails on the merits in every action brought by the plaintiff
challenging a forest management activity described in
subsection (a), the court shall return to the plaintiff any
bond or security provided by the plaintiff under subsection
(a), plus interest from the date the bond or security was
provided.</DELETED>
<DELETED> (2) Ultimately prevails on the merits.--In this
subsection, the phrase ``ultimately prevails on the merits''
means, in a final enforceable judgment on the merits, a court
rules in favor of the plaintiff on every cause of action in
every action brought by the plaintiff challenging the forest
management activity.</DELETED>
<DELETED> (d) Effect of Settlement.--If a challenge to a forest
management activity described in subsection (a) for which a bond or
other security was provided by the plaintiff under such subsection is
resolved by settlement between the Secretary concerned and the
plaintiff, the settlement agreement shall provide for sharing the
costs, expenses, and attorneys fees incurred by the parties.</DELETED>
<DELETED> (e) Limitation on Certain Payments.--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 described in subsection (a).</DELETED>
<DELETED>TITLE IV--SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION ACT AMENDMENTS</DELETED>
<DELETED>SEC. 401. USE OF RESERVED FUNDS FOR TITLE II PROJECTS ON
FEDERAL LAND AND CERTAIN NON-FEDERAL LAND.</DELETED>
<DELETED> (a) Repeal of Merchantable Timber Contracting Pilot
Program.--Section 204(e) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7124(e)) is amended by
striking paragraph (3).</DELETED>
<DELETED> (b) Requirements for Project Funds.--Section 204 of the
Secure Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7124) is amended by striking subsection (f) and inserting the
following new subsection:</DELETED>
<DELETED> ``(f) Requirements for Project Funds.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) include the sale of timber or other
forest products, reduce fire risks, or improve water
supplies; and</DELETED>
<DELETED> ``(B) implement stewardship objectives
that enhance forest ecosystems or restore and improve
land health and water quality.</DELETED>
<DELETED> ``(2) Applicability.--The requirement in paragraph
(1) shall apply only to project funds reserved by a
participating county whose boundaries include Federal land that
the Secretary concerned determines has been subject to a timber
or other forest products program within 5 fiscal years before
the fiscal year in which the funds are reserved.''.</DELETED>
<DELETED>SEC. 402. RESOURCE ADVISORY COMMITTEES.</DELETED>
<DELETED> (a) Recognition of Resource Advisory Committees.--Section
205(a)(4) of the Secure Rural Schools and Community Self-Determination
Act of 2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012'' each
place it appears and inserting ``2020''.</DELETED>
<DELETED> (b) Temporary Reduction in Composition of Committees.--
Section 205(d) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7125(d)) is amended--</DELETED>
<DELETED> (1) in paragraph (1), by striking ``Each'' and
inserting ``Except during the period specified in paragraph
(6), each''; and</DELETED>
<DELETED> (2) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(6) Temporary reduction in minimum number of
members.--</DELETED>
<DELETED> ``(A) Temporary reduction.--During the
period beginning on the date of the enactment of this
paragraph and ending on September 30, 2020, a resource
advisory committee established under this section may
be comprised of nine or more members, of which--
</DELETED>
<DELETED> ``(i) at least three shall be
representative of interests described in
subparagraph (A) of paragraph (2);</DELETED>
<DELETED> ``(ii) at least three shall be
representative of interests described in
subparagraph (B) of paragraph (2);
and</DELETED>
<DELETED> ``(iii) at least three shall be
representative of interests described in
subparagraph (C) of paragraph (2).</DELETED>
<DELETED> ``(B) Additional requirements.--In
appointing members of a resource advisory committee
from the three categories described in paragraph (2),
as provided in subparagraph (A), the Secretary
concerned shall ensure balanced and broad
representation in each category. In the case of a
vacancy on a resource advisory committee, the vacancy
shall be filled within 90 days after the date on which
the vacancy occurred. Appointments to a new resource
advisory committee shall be made within 90 days after
the date on which the decision to form the new resource
advisory committee was made.</DELETED>
<DELETED> ``(C) Charter.--A charter for a resource
advisory committee with 15 members that was filed on or
before the date of the enactment of this paragraph
shall be considered to be filed for a resource advisory
committee described in this paragraph. The charter of a
resource advisory committee shall be reapproved before
the expiration of the existing charter of the resource
advisory committee. In the case of a new resource
advisory committee, the charter of the resource
advisory committee shall be approved within 90 days
after the date on which the decision to form the new
resource advisory committee was made.''.</DELETED>
<DELETED> (c) Conforming Change to Project Approval Requirements.--
Section 205(e)(3) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7125(e)(3)) is amended by adding
at the end the following new sentence: ``In the case of a resource
advisory committee consisting of fewer than 15 members, as authorized
by subsection (d)(6), a project may be proposed to the Secretary
concerned upon approval by a majority of the members of the committee,
including at least one member from each of the three categories
described in subsection (d)(2).''.</DELETED>
<DELETED> (d) Expanding Local Participation on Committees.--Section
205(d) of the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7125(d)) is amended--</DELETED>
<DELETED> (1) in paragraph (3), by inserting before the
period at the end the following: ``, consistent with the
requirements of paragraph (4)''; and</DELETED>
<DELETED> (2) by striking paragraph (4) and inserting the
following new paragraph:</DELETED>
<DELETED> ``(4) Geographic distribution.--The members of a
resource advisory committee shall reside within the county or
counties in which the committee has jurisdiction or an adjacent
county.''.</DELETED>
<DELETED>SEC. 403. PROGRAM FOR TITLE II SELF-SUSTAINING RESOURCE
ADVISORY COMMITTEE PROJECTS.</DELETED>
<DELETED> (a) Self-Sustaining Resource Advisory Committee
Projects.--Title II of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7121 et seq.) is amended by adding
at the end the following new section:</DELETED>
<DELETED>``SEC. 209. PROGRAM FOR SELF-SUSTAINING RESOURCE ADVISORY
COMMITTEE PROJECTS.</DELETED>
<DELETED> ``(a) RAC Program.--The Chief of the Forest Service shall
conduct a program (to be known as the `self-sustaining resource
advisory committee program' or `RAC program') under which 10 resource
advisory committees will propose projects authorized by subsection (c)
to be carried out using project funds reserved by a participating
county under section 102(d).</DELETED>
<DELETED> ``(b) Selection of Participating Resource Advisory
Committees.--The selection of resource advisory committees to
participate in the RAC program is in the sole discretion of the Chief
of the Forest Service, except that, consistent with section 205(d)(6),
a selected resource advisory committee must have a minimum of six
members.</DELETED>
<DELETED> ``(c) Authorized Projects.--Notwithstanding the project
purposes specified in sections 202(b), 203(c), and 204(a)(5), projects
under the RAC program are intended to--</DELETED>
<DELETED> ``(1) accomplish forest management objectives or
support community development; and</DELETED>
<DELETED> ``(2) generate receipts.</DELETED>
<DELETED> ``(d) Deposit and Availability of Revenues.--Any revenue
generated by a project conducted under the RAC program, including any
interest accrued from the revenues, shall be--</DELETED>
<DELETED> ``(1) deposited in the special account in the
Treasury established under section 102(d)(2)(A); and</DELETED>
<DELETED> ``(2) available, in such amounts as may be
provided in advance in appropriation Acts, for additional
projects under the RAC program.</DELETED>
<DELETED> ``(e) Termination of Authority.--</DELETED>
<DELETED> ``(1) In general.--The authority to initiate a
project under the RAC program shall terminate on September 30,
2020.</DELETED>
<DELETED> ``(2) Deposits in treasury.--Any funds available
for projects under the RAC program and not obligated by
September 30, 2021, shall be deposited in the Treasury of the
United States.''.</DELETED>
<DELETED> (b) Exception to General Rule Regarding Treatment of
Receipts.--Section 403(b) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7153(b)) is amended by
striking ``All revenues'' and inserting ``Except as provided in section
209, all revenues''.</DELETED>
<DELETED>SEC. 404. ADDITIONAL AUTHORIZED USE OF RESERVED FUNDS FOR
TITLE III COUNTY PROJECTS.</DELETED>
<DELETED> Section 302(a) of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7142(a)) is amended--
</DELETED>
<DELETED> (1) in paragraph (2)--</DELETED>
<DELETED> (A) by inserting ``and law enforcement
patrols'' after ``including firefighting'';
and</DELETED>
<DELETED> (B) by striking ``and'' at the
end;</DELETED>
<DELETED> (2) by redesignating paragraph (3) as paragraph
(4); and</DELETED>
<DELETED> (3) by inserting after paragraph (2) the following
new paragraph (3):</DELETED>
<DELETED> ``(3) to cover training costs and equipment
purchases directly related to the emergency services described
in paragraph (2); and''.</DELETED>
<DELETED>SEC. 405. TREATMENT AS SUPPLEMENTAL FUNDING.</DELETED>
<DELETED> Section 102 of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7112) is amended by adding at
the end the following new subsection:</DELETED>
<DELETED> ``(f) Treatment as Supplemental Funding.--None of the
funds made available to a beneficiary county or other political
subdivision of a State under this Act shall be used in lieu of or to
otherwise offset State funding sources for local schools, facilities,
or educational purposes.''.</DELETED>
<DELETED>TITLE V--STEWARDSHIP END RESULT CONTRACTING</DELETED>
<DELETED>SEC. 501. CANCELLATION CEILINGS FOR STEWARDSHIP END RESULT
CONTRACTING PROJECTS.</DELETED>
<DELETED> (a) Cancellation Ceilings.--Section 604 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591c) is amended--
</DELETED>
<DELETED> (1) by redesignating subsections (h) and (i) as
subsections (i) and (j), respectively; and</DELETED>
<DELETED> (2) by inserting after subsection (g) the
following new subsection (h):</DELETED>
<DELETED> ``(h) Cancellation Ceilings.--</DELETED>
<DELETED> ``(1) In general.--The Chief and the Director may
obligate funds to cover any potential cancellation or
termination costs for an agreement or contract under subsection
(b) in stages that are economically or programmatically
viable.</DELETED>
<DELETED> ``(2) Advance notice to congress of cancellation
ceiling in excess of $25 million.--Not later than 30 days
before entering into a multiyear agreement or contract under
subsection (b) that includes a cancellation ceiling in excess
of $25 million, but does not include proposed funding for the
costs of cancelling the agreement or contract up to such
cancellation ceiling, the Chief or the Director, as the case
may be, shall submit to the Committee on Energy and Natural
Resources and the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Natural Resources
and the Committee on Agriculture of the House of
Representatives a written notice that includes--</DELETED>
<DELETED> ``(A) the cancellation ceiling amounts
proposed for each program year in the agreement or
contract;</DELETED>
<DELETED> ``(B) the reasons why such cancellation
ceiling amounts were selected;</DELETED>
<DELETED> ``(C) the extent to which the costs of
contract cancellation are not included in the budget
for the agreement or contract; and</DELETED>
<DELETED> ``(D) an assessment of the financial risk
of not including budgeting for the costs of agreement
or contract cancellation.</DELETED>
<DELETED> ``(3) Transmittal of notice to omb.--Not later
than 14 days after the date on which written notice is provided
under paragraph (2) with respect to an agreement or contract
under subsection (b), the Chief or the Director, as the case
may be, shall transmit a copy of the notice to the Director of
the Office of Management and Budget.''.</DELETED>
<DELETED> (b) Relation to Other Laws.--Section 604(d)(5) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(d)(5)) is
amended by striking ``, the Chief may'' and inserting ``and section
2(a)(1) of the Act of July 31, 1947 (commonly known as the Materials
Act of 1947; 30 U.S.C. 602(a)(1)), the Chief and the Director
may''.</DELETED>
<DELETED>SEC. 502. EXCESS OFFSET VALUE.</DELETED>
<DELETED> Section 604(g)(2) of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6591c(g)(2)) is amended by striking subparagraphs
(A) and (B) and inserting the following new subparagraphs:</DELETED>
<DELETED> ``(A) use the excess to satisfy any
outstanding liabilities for cancelled agreements or
contracts; or</DELETED>
<DELETED> ``(B) if there are no outstanding
liabilities under subparagraph (A), apply the excess to
other authorized stewardship projects.''.</DELETED>
<DELETED>SEC. 503. PAYMENT OF PORTION OF STEWARDSHIP PROJECT REVENUES
TO COUNTY IN WHICH STEWARDSHIP PROJECT OCCURS.</DELETED>
<DELETED> Section 604(e) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591c(e)) is amended--</DELETED>
<DELETED> (1) in paragraph (2)(B), by inserting ``subject to
paragraph (3)(A),'' before ``shall''; and</DELETED>
<DELETED> (2) in paragraph (3)(A), by striking ``services
received by the Chief or the Director'' and all that follows
through the period at the end and inserting the following:
``services and in-kind resources received by the Chief or the
Director under a stewardship contract project conducted under
this section shall not be considered monies received from the
National Forest System or the public lands, but any payments
made by the contractor to the Chief or Director under the
project shall be considered monies received from the National
Forest System or the public lands.''.</DELETED>
<DELETED>SEC. 504. SUBMISSION OF EXISTING ANNUAL REPORT.</DELETED>
<DELETED> Subsection (j) of section 604 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591c), as redesignated by section
501(a)(1), is amended by striking ``report to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the Committee on
Agriculture of the House of Representatives'' and inserting ``submit to
the congressional committees specified in subsection (h)(2) a
report''.</DELETED>
<DELETED>SEC. 505. FIRE LIABILITY PROVISION.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(8) Modification.--Upon the request of the
contractor, a contract or agreement under this section awarded
before February 7, 2014, shall be modified by the Chief or
Director to include the fire liability provisions described in
paragraph (7).''.</DELETED>
<DELETED>TITLE VI--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT
ACTIVITIES</DELETED>
<DELETED>SEC. 601. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (1) Eligible entity.--The term ``eligible entity''
means--</DELETED>
<DELETED> (A) a State or political subdivision of a
State containing National Forest System lands or public
lands;</DELETED>
<DELETED> (B) a publicly chartered utility serving
one or more States or a political subdivision
thereof;</DELETED>
<DELETED> (C) a rural electric company;
and</DELETED>
<DELETED> (D) any other entity determined by the
Secretary concerned to be appropriate for participation
in the Fund.</DELETED>
<DELETED> (2) Fund.--The term ``Fund'' means the State-
Supported Forest Management Fund established by section
603.</DELETED>
<DELETED>SEC. 602. AVAILABILITY OF STEWARDSHIP PROJECT REVENUES AND
COLLABORATIVE FOREST LANDSCAPE RESTORATION FUND TO COVER
FOREST MANAGEMENT ACTIVITY PLANNING COSTS.</DELETED>
<DELETED> (a) Availability of Stewardship Project Revenues.--Section
604(e)(2)(B) of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591c(e)(2)(B)), as amended by section 503, is further amended by
striking ``appropriation at the project site from which the monies are
collected or at another project site.'' and inserting the following:
``appropriation--</DELETED>
<DELETED> ``(i) at the project site from
which the monies are collected or at another
project site; and</DELETED>
<DELETED> ``(ii) to cover not more than 25
percent of the cost of planning additional
stewardship contracting projects.''.</DELETED>
<DELETED> (b) Availability of Collaborative Forest Landscape
Restoration Fund.--Section 4003(f)(1) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303(f)(1)) is amended by striking
``carrying out and'' and inserting ``planning, carrying out,
and''.</DELETED>
<DELETED>SEC. 603. STATE-SUPPORTED PLANNING OF FOREST MANAGEMENT
ACTIVITIES.</DELETED>
<DELETED> (a) State-Supported Forest Management Fund.--There is
established in the Treasury of the United States a fund, to be known as
the ``State-Supported Forest Management Fund'', to cover the cost of
planning (especially related to compliance with section 102(2) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2))),
carrying out, and monitoring certain forest management activities on
National Forest System lands or public lands.</DELETED>
<DELETED> (b) Contents.--The State-Supported Forest Management Fund
shall consist of such amounts as may be--</DELETED>
<DELETED> (1) contributed by an eligible entity for deposit
in the Fund;</DELETED>
<DELETED> (2) appropriated to the Fund; or</DELETED>
<DELETED> (3) generated by forest management activities
carried out using amounts in the Fund.</DELETED>
<DELETED> (c) Geographical and Use Limitations.--In making a
contribution under subsection (b)(1), an eligible entity may--
</DELETED>
<DELETED> (1) specify the National Forest System lands or
public lands for which the contribution may be expended;
and</DELETED>
<DELETED> (2) limit the types of forest management
activities for which the contribution may be
expended.</DELETED>
<DELETED> (d) Authorized Forest Management Activities.--In such
amounts as may be provided in advance in appropriation Acts, the
Secretary concerned may use the Fund to plan, carry out, and monitor a
forest management activity that--</DELETED>
<DELETED> (1) is developed through a collaborative
process;</DELETED>
<DELETED> (2) is proposed by a resource advisory committee;
or</DELETED>
<DELETED> (3) is covered by a community wildfire protection
plan.</DELETED>
<DELETED> (e) Implementation Methods.--A forest management activity
carried out using amounts in the Fund may be carried out using a
contract or agreement under section 604 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591c), the good neighbor authority
provided by section 8206 of the Agricultural Act of 2014 (16 U.S.C.
2113a), a contract under section 14 of the National Forest Management
Act of 1976 (16 U.S.C. 472a), or other authority available to the
Secretary concerned, but revenues generated by the forest management
activity shall be used to reimburse the Fund for planning costs covered
using amounts in the Fund.</DELETED>
<DELETED> (f) Relation to Other Laws.--</DELETED>
<DELETED> (1) Revenue sharing.--Subject to subsection (e),
revenues generated by a forest management activity carried out
using amounts from the Fund shall be considered monies received
from the National Forest System.</DELETED>
<DELETED> (2) Knutson-vanderberg act.--The Act of June 9,
1930 (commonly known as the Knutson-Vanderberg Act; 16 U.S.C.
576 et seq.), shall apply to any forest management activity
carried out using amounts in the Fund.</DELETED>
<DELETED> (g) Termination of Fund.--</DELETED>
<DELETED> (1) Termination.--The Fund shall terminate 10
years after the date of the enactment of this Act.</DELETED>
<DELETED> (2) Effect of termination.--Upon the termination
of the Fund pursuant to paragraph (1) or pursuant to any other
provision of law, unobligated contributions remaining in the
Fund shall be returned to the eligible entity that made the
contribution.</DELETED>
<DELETED>TITLE VII--TRIBAL FORESTRY PARTICIPATION AND
PROTECTION</DELETED>
<DELETED>SEC. 701. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF
STEWARDSHIP END RESULT CONTRACTING AND OTHER
AUTHORITIES.</DELETED>
<DELETED> (a) Prompt Consideration of Tribal Requests.--Section 2(b)
of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is
amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(4) Time periods for consideration.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) whether the request may meet
the selection criteria described in subsection
(c); and</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) complete all environmental
reviews necessary in connection with the
agreement or contract and proposed activities
under the agreement or contract; and</DELETED>
<DELETED> ``(ii) enter into the agreement or
contract with the Indian tribe under paragraph
(2).''.</DELETED>
<DELETED> (b) Conforming and Technical Amendments.--Section 2 of the
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended--
</DELETED>
<DELETED> (1) in subsections (b)(1) and (f)(1), by striking
``section 347 of the Department of the Interior and Related
Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public
Law 105-277) (as amended by section 323 of the Department of
the Interior and Related Agencies Appropriations Act, 2003 (117
Stat. 275))'' and inserting ``section 604 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591c)'';
and</DELETED>
<DELETED> (2) in subsection (d), by striking ``subsection
(b)(1), the Secretary may'' and inserting ``paragraphs (1) and
(4)(B) of subsection (b), the Secretary shall''.</DELETED>
<DELETED>SEC. 702. MANAGEMENT OF INDIAN FOREST LAND AUTHORIZED TO
INCLUDE RELATED NATIONAL FOREST SYSTEM LANDS AND PUBLIC
LANDS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(c) Inclusion of Certain National Forest System Land and
Public Land.--</DELETED>
<DELETED> ``(1) Authority.--At the request of an Indian
tribe, the Secretary concerned may 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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) continue sharing revenue generated
by the Federal forest land with State and local
governments either--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(C) comply with applicable prohibitions
on the export of unprocessed logs harvested from the
Federal forest land;</DELETED>
<DELETED> ``(D) recognize all right-of-way
agreements in place on Federal forest land prior to
commencement of tribal management activities;
and</DELETED>
<DELETED> ``(E) ensure that all commercial timber
removed from the Federal forest land is sold on a
competitive bid basis.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Definitions.--In this subsection:</DELETED>
<DELETED> ``(A) Federal forest land.--The term
`Federal forest land' means--</DELETED>
<DELETED> ``(i) National Forest System
lands; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Secretary concerned.--The term
`Secretary concerned' means--</DELETED>
<DELETED> ``(i) the Secretary of
Agriculture, with respect to the Federal forest
land referred to in subparagraph (A)(i);
and</DELETED>
<DELETED> ``(ii) the Secretary of the
Interior, with respect to the Federal forest
land referred to in subparagraph
(A)(ii).''.</DELETED>
<DELETED>SEC. 703. TRIBAL FOREST MANAGEMENT DEMONSTRATION
PROJECT.</DELETED>
<DELETED> The Secretary of the Interior and the Secretary of
Agriculture may carry out demonstration projects by which federally
recognized Indian tribes or tribal organizations may contract to
perform administrative, management, and other functions of programs of
the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.)
through contracts entered into under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).</DELETED>
<DELETED>TITLE VIII--MISCELLANEOUS FOREST MANAGEMENT
PROVISIONS</DELETED>
<DELETED>SEC. 801. BALANCING SHORT- AND LONG-TERM EFFECTS OF FOREST
MANAGEMENT ACTIVITIES IN CONSIDERING INJUNCTIVE
RELIEF.</DELETED>
<DELETED> As part of its weighing the equities while considering any
request for an injunction that applies to any agency action as part of
a forest management activity under titles I through VIII, the court
reviewing the agency action shall balance the impact to the ecosystem
likely affected by the forest management activity of--</DELETED>
<DELETED> (1) the short- and long-term effects of
undertaking the agency action; against</DELETED>
<DELETED> (2) the short- and long-term effects of not
undertaking the action.</DELETED>
<DELETED>SEC. 802. CONDITIONS ON FOREST SERVICE ROAD
DECOMMISSIONING.</DELETED>
<DELETED> (a) Consultation With Affected County.--Whenever any
Forest Service defined maintenance level one- or two-system road within
a designated high fire prone area of a unit of the National Forest
System is considered for decommissioning, the Forest Supervisor of that
unit of the National Forest System shall--</DELETED>
<DELETED> (1) consult with the government of the county
containing the road regarding the merits and possible
consequences of decommissioning the road; and</DELETED>
<DELETED> (2) solicit possible alternatives to
decommissioning the road.</DELETED>
<DELETED> (b) Regional Forester Approval.--A Forest Service road
described in subsection (a) may not be decommissioned without the
advance approval of the Regional Forester.</DELETED>
<DELETED>SEC. 803. PROHIBITION ON APPLICATION OF EASTSIDE SCREENS
REQUIREMENTS ON NATIONAL FOREST SYSTEM LANDS.</DELETED>
<DELETED> On and after the date of the enactment of this Act, the
Secretary of Agriculture may not apply to National Forest System lands
any of the amendments to forest plans adopted in the Decision Notice
for the Revised Continuation of Interim Management Direction
Establishing Riparian, Ecosystem and Wildlife Standards for Timber
Sales (commonly known as the Eastside Screens requirements), including
all preceding or associated versions of these amendments.</DELETED>
<DELETED>SEC. 804. USE OF SITE-SPECIFIC FOREST PLAN AMENDMENTS FOR
CERTAIN PROJECTS AND ACTIVITIES.</DELETED>
<DELETED> If the Secretary concerned determines that, in order to
conduct a project or carry out an activity implementing a forest plan,
an amendment to the forest plan is required, the Secretary concerned
shall execute such amendment as a nonsignificant plan amendment through
the record of decision or decision notice for the project or
activity.</DELETED>
<DELETED>SEC. 805. KNUTSON-VANDENBERG ACT MODIFICATIONS.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by striking ``Such deposits'' and inserting
the following:</DELETED>
<DELETED> ``(b) Amounts deposited under subsection (a)'';</DELETED>
<DELETED> (2) by redesignating subsection (c) as subsection
(d); and</DELETED>
<DELETED> (3) by inserting before subsection (d), as so
redesignated, the following new subsection (c):</DELETED>
<DELETED> ``(c)(1) Amounts in the special fund established pursuant
to this section--</DELETED>
<DELETED> ``(A) shall be used exclusively to implement
activities authorized by subsection (a); and</DELETED>
<DELETED> ``(B) may be used anywhere within the Forest
Service Region from which the original deposits were
collected.</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED>SEC. 806. EXCLUSION OF CERTAIN NATIONAL FOREST SYSTEM LANDS
AND PUBLIC LANDS.</DELETED>
<DELETED> Unless specifically provided by a provision of titles I
through VIII, the authorities provided by such titles do not apply with
respect to any National Forest System lands or public lands--</DELETED>
<DELETED> (1) that are included in the National Wilderness
Preservation System;</DELETED>
<DELETED> (2) that are located within an inventoried
roadless area unless the forest management activity to be
carried out under such authority is consistent with the forest
plan applicable to the area; or</DELETED>
<DELETED> (3) on which timber harvesting for any purpose is
prohibited by statute.</DELETED>
<DELETED>SEC. 807. APPLICATION OF NORTHWEST FOREST PLAN SURVEY AND
MANAGE MITIGATION MEASURE STANDARD AND
GUIDELINES.</DELETED>
<DELETED> The Northwest Forest Plan Survey and Manage Mitigation
Measure Standard and Guidelines shall not apply to any National Forest
System lands or public lands.</DELETED>
<DELETED>SEC. 808. MANAGEMENT OF BUREAU OF LAND MANAGEMENT LANDS IN
WESTERN OREGON.</DELETED>
<DELETED> (a) General Rule.--All of the public land managed by the
Bureau of Land Management in the Salem District, Eugene District,
Roseburg District, Coos Bay District, Medford District, and the Klamath
Resource Area of the Lakeview District in the State of Oregon shall
hereafter be managed pursuant to title I of the of the Act of August
28, 1937 (43 U.S.C. 1181a through 1181e). Except as provided in
subsection (b), all of the revenue produced from such land shall be
deposited in the Treasury of the United States in the Oregon and
California land-grant fund and be subject to the provisions of title II
of the Act of August 28, 1937 (43 U.S.C. 1181f).</DELETED>
<DELETED> (b) Certain Lands Excluded.--Subsection (a) does not apply
to any revenue that is required to be deposited in the Coos Bay Wagon
Road grant fund pursuant to sections 1 through 4 of the Act of May 24,
1939 (43 U.S.C. 1181f-1 through f-4).</DELETED>
<DELETED>SEC. 809. BUREAU OF LAND MANAGEMENT RESOURCE MANAGEMENT
PLANS.</DELETED>
<DELETED> (a) Additional Analysis and Alternatives.--To develop a
full range of reasonable alternatives as required by the National
Environmental Policy Act of 1969, the Secretary of the Interior shall
develop and consider in detail a reference analysis and two additional
alternatives as part of the revisions of the resource management plans
for the Bureau of Land Management's Salem, Eugene, Coos Bay, Roseburg,
and Medford Districts and the Klamath Resource Area of the Lakeview
District.</DELETED>
<DELETED> (b) Reference Analysis.--The reference analysis required
by subsection (a) shall measure and assume the harvest of the annual
growth net of natural mortality for all forested land in the planning
area in order to determine the maximum sustained yield capacity of the
forested land base and to establish a baseline by which the Secretary
of the Interior shall measure incremental effects on the sustained
yield capacity and environmental impacts from management prescriptions
in all other alternatives.</DELETED>
<DELETED> (c) Additional Alternatives.--</DELETED>
<DELETED> (1) Carbon sequestration alternative.--The
Secretary of the Interior shall develop and consider an
additional alternative with the goal of maximizing the total
carbon benefits from forest storage and wood product storage.
To the extent practicable, the analysis shall consider--
</DELETED>
<DELETED> (A) the future risks to forest carbon from
wildfires, insects, and disease;</DELETED>
<DELETED> (B) the amount of carbon stored in
products or in landfills;</DELETED>
<DELETED> (C) the life cycle benefits of harvested
wood products compared to non-renewable products;
and</DELETED>
<DELETED> (D) the energy produced from wood
residues.</DELETED>
<DELETED> (2) Sustained yield alternative.--The Secretary of
the Interior shall develop and consider an additional
alternative that produces the greater of 500 million board feet
or the annual net growth on the acres classified as timberland,
excluding any congressionally reserved areas. The projected
harvest levels, as nearly as practicable, shall be distributed
among the Districts referred to in subsection (a) in the same
proportion as the maximum yield capacity of each such District
bears to maximum yield capacity of the planning area as a
whole.</DELETED>
<DELETED> (d) Additional Analysis and Public Participation.--The
Secretary of the Interior shall publish the reference analysis and
additional alternatives and analyze their environmental and economic
consequences in a supplemental draft environmental impact statement.
The draft environmental impact statement and supplemental draft
environmental impact statement shall be made available for public
comment for a period of not less than 180 days. The Secretary shall
respond to any comments received before making a final decision between
all alternatives.</DELETED>
<DELETED> (e) Rule of Construction.--Nothing in this section shall
affect the obligation of the Secretary of the Interior to manage the
timberlands as required by the Act of August 28, 1937 (50 Stat. 874; 43
U.S.C. 1181a-1181j).</DELETED>
<DELETED>SEC. 810. LANDSCAPE-SCALE FOREST RESTORATION
PROJECT.</DELETED>
<DELETED> The Secretary of Agriculture shall develop and implement
at least one landscape-scale forest restoration project that includes,
as a defined purpose of the project, the generation of material that
will be used to promote advanced wood products. The project shall be
developed through a collaborative process.</DELETED>
<DELETED>TITLE IX--MAJOR DISASTER FOR WILDFIRE ON FEDERAL
LAND</DELETED>
<DELETED>SEC. 901. WILDFIRE ON FEDERAL LANDS.</DELETED>
<DELETED> Section 102(2) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122(2)) is amended--</DELETED>
<DELETED> (1) by striking ``(2)'' and all that follows
through ``means'' and inserting the following:</DELETED>
<DELETED> ``(2) Major disaster.--</DELETED>
<DELETED> ``(A) Major disaster.--The term `major
disaster' means''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(B) Major disaster for wildfire on
federal lands.--The term `major disaster for wildfire
on Federal lands' means any wildfire or wildfires,
which in the determination of the President under
section 802 warrants assistance under section 803 to
supplement the efforts and resources of the Department
of the Interior or the Department of Agriculture--
</DELETED>
<DELETED> ``(i) on Federal lands;
or</DELETED>
<DELETED> ``(ii) on non-Federal lands
pursuant to a fire protection agreement or
cooperative agreement.''.</DELETED>
<DELETED>SEC. 902. DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON
FEDERAL LANDS.</DELETED>
<DELETED> The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end
the following:</DELETED>
<DELETED>``TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL
LAND</DELETED>
<DELETED>``SEC. 801. DEFINITIONS.</DELETED>
<DELETED> ``As used in this title--</DELETED>
<DELETED> ``(1) Federal land.--The term `Federal land'
means--</DELETED>
<DELETED> ``(A) any land under the jurisdiction of
the Department of the Interior; and</DELETED>
<DELETED> ``(B) any land under the jurisdiction of
the United States Forest Service.</DELETED>
<DELETED> ``(2) Federal land management agencies.--The term
`Federal land management agencies' means--</DELETED>
<DELETED> ``(A) the Bureau of Land
Management;</DELETED>
<DELETED> ``(B) the National Park Service;</DELETED>
<DELETED> ``(C) the Bureau of Indian
Affairs;</DELETED>
<DELETED> ``(D) the United States Fish and Wildlife
Service; and</DELETED>
<DELETED> ``(E) the United States Forest
Service.</DELETED>
<DELETED> ``(3) Wildfire suppression operations.--The term
`wildfire suppression operations' means the emergency and
unpredictable aspects of wildland firefighting, including
support, response, emergency stabilization activities, and
other emergency management activities of wildland firefighting
on Federal lands (or on non-Federal lands pursuant to a fire
protection agreement or cooperative agreement) by the Federal
land management agencies covered by the wildfire suppression
subactivity of the Wildland Fire Management account or the
FLAME Wildfire Suppression Reserve Fund account of the Federal
land management agencies.</DELETED>
<DELETED>``SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR DISASTER FOR
WILDFIRE ON FEDERAL LANDS.</DELETED>
<DELETED> ``(a) In General.--The Secretary of the Interior or the
Secretary of Agriculture may submit a request to the President
consistent with the requirements of this title for a declaration by the
President that a major disaster for wildfire on Federal lands
exists.</DELETED>
<DELETED> ``(b) Requirements.--A request for a declaration by the
President that a major disaster for wildfire on Federal lands exists
shall--</DELETED>
<DELETED> ``(1) be made in writing by the respective
Secretary;</DELETED>
<DELETED> ``(2) certify that the amount appropriated in the
current fiscal year for wildfire suppression operations of the
Federal land management agencies under the jurisdiction of the
respective Secretary, net of any concurrently enacted
rescissions of wildfire suppression funds, increases the total
unobligated balance of amounts available for wildfire
suppression by an amount equal to or greater than the average
total costs incurred by the Federal land management agencies
per year for wildfire suppression operations, including the
suppression costs in excess of appropriated amounts, over the
previous ten fiscal years;</DELETED>
<DELETED> ``(3) certify that the amount available for
wildfire suppression operations of the Federal land management
agencies under the jurisdiction of the respective Secretary
will be obligated not later than 30 days after such Secretary
notifies the President that wildfire suppression funds will be
exhausted to fund ongoing and anticipated wildfire suppression
operations related to the wildfire on which the request for the
declaration of a major disaster for wildfire on Federal lands
pursuant to this title is based; and</DELETED>
<DELETED> ``(4) specify the amount required in the current
fiscal year to fund wildfire suppression operations related to
the wildfire on which the request for the declaration of a
major disaster for wildfire on Federal lands pursuant to this
title is based.</DELETED>
<DELETED> ``(c) Declaration.--Based on the request of the respective
Secretary under this title, the President may declare that a major
disaster for wildfire on Federal lands exists.</DELETED>
<DELETED>``SEC. 803. WILDFIRE ON FEDERAL LANDS ASSISTANCE.</DELETED>
<DELETED> ``(a) In General.--In a major disaster for wildfire on
Federal lands, the President may transfer funds, only from the account
established pursuant to subsection (b), to the Secretary of the
Interior or the Secretary of Agriculture to conduct wildfire
suppression operations on Federal lands (and non-Federal lands pursuant
to a fire protection agreement or cooperative agreement).</DELETED>
<DELETED> ``(b) Wildfire Suppression Operations Account.--The
President shall establish a specific account for the assistance
available pursuant to a declaration under section 802. Such account may
only be used to fund assistance pursuant to this title.</DELETED>
<DELETED> ``(c) Limitation.--</DELETED>
<DELETED> ``(1) Limitation of transfer.--The assistance
available pursuant to a declaration under section 802 is
limited to the transfer of the amount requested pursuant to
section 802(b)(4). The assistance available for transfer shall
not exceed the amount contained in the wildfire suppression
operations account established pursuant to subsection
(b).</DELETED>
<DELETED> ``(2) Transfer of funds.--Funds under this section
shall be transferred from the wildfire suppression operations
account to the wildfire suppression subactivity of the Wildland
Fire Management Account.</DELETED>
<DELETED> ``(d) Prohibition of Other Transfers.--Except as provided
in this section, no funds may be transferred to or from the account
established pursuant to subsection (b) to or from any other fund or
account.</DELETED>
<DELETED> ``(e) Reimbursement for Wildfire Suppression Operations on
Non-Federal Land.--If amounts transferred under subsection (c) are used
to conduct wildfire suppression operations on non-Federal land, the
respective Secretary shall--</DELETED>
<DELETED> ``(1) secure reimbursement for the cost of such
wildfire suppression operations conducted on the non-Federal
land; and</DELETED>
<DELETED> ``(2) transfer the amounts received as
reimbursement to the wildfire suppression operations account
established pursuant to subsection (b).</DELETED>
<DELETED> ``(f) Annual Accounting and Reporting Requirements.--Not
later than 90 days after the end of each fiscal year for which
assistance is received pursuant to this section, the respective
Secretary shall submit to the Committees on Agriculture,
Appropriations, the Budget, Natural Resources, and Transportation and
Infrastructure of the House of Representatives and the Committees on
Agriculture, Nutrition, and Forestry, Appropriations, the Budget,
Energy and Natural Resources, Homeland Security and Governmental
Affairs, and Indian Affairs of the Senate, and make available to the
public, a report that includes the following:</DELETED>
<DELETED> ``(1) The risk-based factors that influenced
management decisions regarding wildfire suppression operations
of the Federal land management agencies under the jurisdiction
of the Secretary concerned.</DELETED>
<DELETED> ``(2) Specific discussion of a statistically
significant sample of large fires, in which each fire is
analyzed for cost drivers, effectiveness of risk management
techniques, resulting positive or negative impacts of fire on
the landscape, impact of investments in preparedness, suggested
corrective actions, and such other factors as the respective
Secretary considers appropriate.</DELETED>
<DELETED> ``(3) Total expenditures for wildfire suppression
operations of the Federal land management agencies under the
jurisdiction of the respective Secretary, broken out by fire
sizes, cost, regional location, and such other factors as the
such Secretary considers appropriate.</DELETED>
<DELETED> ``(4) Lessons learned.</DELETED>
<DELETED> ``(5) Such other matters as the respective
Secretary considers appropriate.</DELETED>
<DELETED> ``(g) Savings Provision.--Nothing in this title shall
limit the Secretary of the Interior, the Secretary of Agriculture,
Indian tribe, or a State from receiving assistance through a
declaration made by the President under this Act when the criteria for
such declaration have been met.''.</DELETED>
<DELETED>SEC. 903. PROHIBITION ON TRANSFERS.</DELETED>
<DELETED> No funds may be transferred to or from the Federal land
management agencies' wildfire suppression operations accounts referred
to in section 801(3) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act to or from any account or subactivity of the
Federal land management agencies, as defined in section 801(2) of such
Act, that is not used to cover the cost of wildfire suppression
operations.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency Wildfire
and Forest Management Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
Sec. 101. Wildfire on Federal land.
Sec. 102. Declaration of a major disaster for wildfire on Federal land.
Sec. 103. Prohibition on transfers.
TITLE II--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF
CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
Sec. 201. Analysis of only 2 alternatives in proposed collaborative
forest management activities.
Sec. 202. Categorical exclusion to expedite certain critical response
actions.
Sec. 203. Categorical exclusion to expedite salvage operations in
response to catastrophic events.
Sec. 204. Categorical exclusion to meet forest plan goals for early
successional forests.
Sec. 205. Categorical exclusion to improve, restore, and reduce the
risk of wildfire.
Sec. 206. Consideration of resource conditions for extraordinary
circumstances.
Sec. 207. Compliance with forest plan.
Sec. 208. Roads.
Sec. 209. Exclusions.
TITLE III--TRIBAL FORESTRY PARTICIPATION AND PROTECTION
Sec. 301. Protection of tribal forest assets.
Sec. 302. Management of Indian forest land authorized to include
related National Forest System land and
public land.
Sec. 303. Tribal forest management demonstration project.
TITLE IV--MISCELLANEOUS FOREST MANAGEMENT ACTIVITIES
Sec. 401. Definition of Secretary.
Sec. 402. State-supported planning of forest management activities.
Sec. 403. Balancing of impacts in considering injunctive relief.
Sec. 404. State and private forest landscape-scale restoration program.
Sec. 405. Pilot arbitration program.
Sec. 406. National Forest System accelerated landscape restoration
pilot program.
Sec. 407. Tennessee Wilderness.
Sec. 408. Additional authority for sale or exchange of small parcels of
National Forest System land.
Sec. 409. Extension of authorization for conveyance of Forest Service
administrative sites.
Sec. 410. Prescribed burn approval.
Sec. 411. North Carolina wilderness study areas.
TITLE V--KISATCHIE NATIONAL FOREST LAND CONVEYANCE
Sec. 501. Short title.
Sec. 502. Finding.
Sec. 503. Definitions.
Sec. 504. Authorization of conveyances.
Sec. 505. Proceeds from the sale of land.
Sec. 506. Administration.
TITLE VI--CHATTAHOOCHEE-OCONEE NATIONAL FOREST LAND ADJUSTMENT
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Definition of Secretary.
Sec. 604. Land conveyance authority.
Sec. 605. Treatment of proceeds.
SEC. 2. DEFINITIONS.
In this Act:
(1) Catastrophic event.--The term ``catastrophic event''
means 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
any fire, flood, or explosion, regardless of cause.
(2) Categorical exclusion.--The term ``categorical
exclusion'' means an exclusion from further analysis and
documentation in an environmental assessment or an
environmental impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a project or
activity relating to the management of National Forest System
land or public land.
(3) Collaborative process.--The term ``collaborative
process'' means a process relating to the management of
National Forest System land or public land under which a
project or activity is developed and implemented--
(A) by the Secretary concerned through
collaboration with interested persons, as described in
section 603(b)(1)(C) of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591b(b)(1)(C)); or
(B) through a collaborative process under the
Collaborative Forest Landscape Restoration Program, as
described in section 4003(b)(2) of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303(b)(2)).
(4) 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).
(5) Forest management activity.--The term ``forest
management activity'' means a project or activity carried out
by the Secretary concerned on National Forest System land or
public land that is consistent with an applicable forest plan.
(6) Forest plan.--The term ``forest plan'' means, as
applicable--
(A) a resource management plan prepared by the
Bureau of Land Management for public land pursuant to
section 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1712); or
(B) a land 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) 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)).
(8) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(9) Resource advisory committee.--The term ``resource
advisory committee'' means--
(A) a resource advisory committee established under
section 205 of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7125); or
(B) an advisory committee determined by the
Secretary concerned to satisfy the requirements of
section 205 of the Secure Rural Schools and Community
Self-Determination Act of 2000 (16 U.S.C. 7125).
(10) Salvage operation.--The term ``salvage operation''
means a forest management activity carried out in response to a
catastrophic event, the primary purpose of which is--
(A)(i) to prevent wildfire as a result of the
catastrophic event; or
(ii) if the catastrophic event is a wildfire, to
prevent a reburn of the fire-impacted area;
(B) to provide an opportunity for use of any forest
material damaged as a result of the catastrophic event;
or
(C) to provide a funding source for reforestation
or other restoration activities for National Forest
System land or public land impacted by the catastrophic
event.
(11) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture.
(12) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
National Forest System land; and
(B) the Secretary of the Interior, with respect to
public land.
TITLE I--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
SEC. 101. WILDFIRE ON FEDERAL LAND.
(a) In General.--Section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended--
(1) by redesignating paragraphs (3) through (12) as
paragraphs (4) through (13), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Major disaster for wildfire on federal land.--The
term `major disaster for wildfire on Federal land' means any
wildfire or wildfires that in the determination of the
President in accordance with section 802 warrants assistance
under section 803 to supplement the efforts and resources of
the Secretary of the Interior or the Secretary of Agriculture--
``(A) on Federal land; or
``(B) on non-Federal land in accordance with a fire
protection agreement or cooperative agreement.''.
(b) Conforming Amendment.--Section 251(b)(2)(D)(iii) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D)(iii)) is amended by striking ``section 102(2) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5122(2))'' and inserting ``paragraph (2) or (3) of section 102
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122)''.
SEC. 102. DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.) is amended by adding at the end the following:
``TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
``SEC. 801. DEFINITIONS.
``In this title:
``(1) Federal land.--The term `Federal land' means--
``(A) any land under the jurisdiction of the
Secretary of the Interior; and
``(B) any land under the jurisdiction of the
Secretary of Agriculture, acting through the Chief of
the Forest Service.
``(2) Federal land management agencies.--The term `Federal
land management agencies' means--
``(A) the Bureau of Land Management;
``(B) the National Park Service;
``(C) the Bureau of Indian Affairs;
``(D) the United States Fish and Wildlife Service;
and
``(E) the Forest Service.
``(3) Wildfire suppression operations.--The term `wildfire
suppression operations' means the emergency and unpredictable
aspects of wildland firefighting, including support, response,
emergency stabilization activities, and other emergency
management activities of wildland firefighting on Federal land,
or on non-Federal land in accordance with a fire protection
agreement or cooperative agreement, by the Federal land
management agencies covered by--
``(A) the wildfire suppression subactivity of the
Wildland Fire Management account of the Federal land
management agencies; or
``(B) the FLAME Wildfire Suppression Reserve Fund
account of the Federal land management agencies.
``SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR DISASTER FOR WILDFIRE
ON FEDERAL LAND.
``(a) In General.--The Secretary of the Interior or the Secretary
of Agriculture may submit a request to the President in accordance with
the requirements of this title for a declaration by the President that
a major disaster for wildfire on Federal land exists.
``(b) Requirements.--A request for a declaration by the President
that a major disaster for wildfire on Federal land exists shall--
``(1) be made in writing by the appropriate Secretary;
``(2) certify that the amount made available for the
current fiscal year for wildfire suppression operations of the
Federal land management agencies under the jurisdiction of the
appropriate Secretary, net of any concurrently enacted
rescissions of wildfire suppression funds, increases the total
unobligated balance of the amount available for wildfire
suppression by an amount not less than the average total cost
incurred by the Federal land management agencies per year for
wildfire suppression operations, including the suppression
costs in excess of amounts made available, during the previous
10 fiscal years;
``(3) certify that the amount available for wildfire
suppression operations of the Federal land management agencies
under the jurisdiction of the appropriate Secretary will be
obligated not later than 30 days after the date on which the
Secretary notifies the President that amounts for wildfire
suppression will be exhausted to fund ongoing and anticipated
wildfire suppression operations relating to the wildfire on
which the request is based; and
``(4) specify the amount required for the fiscal year
during which the request is made to fund wildfire suppression
operations relating to the wildfire on which the request is
based.
``(c) Declaration.--Based on the request of the appropriate
Secretary in accordance with this title, the President may declare that
a major disaster for wildfire on Federal land exists.
``SEC. 803. WILDFIRE ON FEDERAL LAND ASSISTANCE.
``(a) In General.--During a period for which the President has
declared that a major disaster for wildfire on Federal land exists in
accordance with this title, the President may transfer funds only from
the account established in accordance with subsection (b) to the
Secretary of the Interior or the Secretary of Agriculture to conduct
wildfire suppression operations on--
``(1) Federal land; and
``(2) non-Federal land in accordance with a fire protection
agreement or cooperative agreement.
``(b) Wildfire Suppression Operations Account.--
``(1) In general.--The President shall establish a specific
account, to be known as the `wildfire suppression operations
account', for amounts that may be provided to the appropriate
Secretary to conduct wildfire suppression operations in
accordance with this title.
``(2) Limitation.--The account established in accordance
with paragraph (1) may only be used to provide amounts to the
appropriate Secretary to conduct wildfire suppression
operations in accordance with this title.
``(c) Limitation.--
``(1) Limitation of transfer.--
``(A) In general.--The amounts available to the
appropriate Secretary to conduct wildfire suppression
operations in accordance with this title are limited to
the amount requested in accordance with section
802(b)(4).
``(B) Wildfires suppression operations account.--
Amounts available for transfer to the appropriate
Secretary to conduct wildfire suppression operations in
accordance with this title shall not exceed the amount
contained in the wildfire suppression operations
account.
``(2) Transfer of funds.--A transfer under subsection (a)
shall be made by the transfer of amounts from the wildfire
suppression operations account to the wildfire suppression
subactivity of the Wildland Fire Management Account.
``(d) Prohibition of Other Transfers.--Except as provided in this
section, no amounts may be transferred to or from the wildfire
suppression operations account to or from any other fund or account.
``(e) Reimbursement for Wildfire Suppression Operations on Non-
Federal Land.--If amounts transferred to the appropriate Secretary to
conduct wildfire suppression operations in accordance with this title
are used to conduct wildfire suppression operations on non-Federal
land, the appropriate Secretary shall--
``(1) secure reimbursement for the cost of the wildfire
suppression operations conducted on the non-Federal land; and
``(2) transfer the amounts received under paragraph (1) to
the wildfire suppression operations account.
``(f) Annual Accounting and Reporting Requirements.--
``(1) In general.--Not later than 90 days after the last
day of each fiscal year for which the Secretary of the Interior
or the Secretary of Agriculture receives amounts to conduct
wildfire suppression operations in accordance with this title,
the appropriate Secretary shall submit to the committees
described in paragraph (2), and make available to the public, a
report that describes the following:
``(A) The risk-based factors that influenced
management decisions regarding wildfire suppression
operations of the Federal land management agencies
under the jurisdiction of the Secretary.
``(B) Specific discussion of a statistically
significant sample of large fires, in which each fire
is analyzed for--
``(i) cost drivers;
``(ii) the effectiveness of risk management
techniques;
``(iii) resulting positive or negative
impacts of fire on the landscape;
``(iv) the impact of any investments in
preparedness;
``(v) suggested corrective actions; and
``(vi) such other factors as the Secretary
considers appropriate.
``(C) Total expenditures for wildfire suppression
operations of the Federal land management agencies
under the jurisdiction of the Secretary, including a
description of expenditures by--
``(i) fire size;
``(ii) cost;
``(iii) regional location; and
``(iv) such other factors as the Secretary
considers appropriate.
``(D) Lessons learned.
``(E) Such other matters as the Secretary considers
appropriate.
``(2) Committees described.--The committees referred to in
paragraph (1) are--
``(A) of the Senate--
``(i) the Committee on Agriculture,
Nutrition, and Forestry;
``(ii) the Committee on Appropriations;
``(iii) the Committee on the Budget;
``(iv) the Committee on Energy and Natural
Resources;
``(v) the Committee on Homeland Security
and Governmental Affairs; and
``(vi) the Committee on Indian Affairs; and
``(B) of the House of Representatives--
``(i) the Committee on Agriculture;
``(ii) the Committee on Appropriations;
``(iii) the Committee on the Budget;
``(iv) the Committee on Natural Resources;
and
``(v) the Committee on Transportation and
Infrastructure.
``(g) Savings Provision.--Nothing in this title limits the ability
of the Secretary of the Interior, the Secretary of Agriculture, an
Indian tribe, or a State to receive assistance through a declaration
made by the President under this Act if the criteria for that
declaration have been satisfied.''.
SEC. 103. PROHIBITION ON TRANSFERS.
No amounts may be transferred to or from the wildfire suppression
subactivity of the Wildland Fire Management account or the FLAME
Wildfire Suppression Reserve Fund account of the Federal land
management agencies (as defined in section 801 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (as added by
section 102)) to or from any other account or subactivity of those
Federal land management agencies that is not used to cover the cost of
wildfire suppression operations.
TITLE II--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF
CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
SEC. 201. ANALYSIS OF ONLY 2 ALTERNATIVES IN PROPOSED COLLABORATIVE
FOREST MANAGEMENT ACTIVITIES.
(a) In General.--This section shall apply whenever the Secretary
concerned prepares an environmental assessment or an environmental
impact statement pursuant to section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a forest
management activity--
(1) that is--
(A) developed through a collaborative process; or
(B) covered by a community wildfire protection
plan; and
(2) the primary purpose of which is--
(A) the reduction of hazardous fuels;
(B) the reduction of fuel connectivity through the
installation of fuel and fire breaks;
(C) the restoration of forest health and
resilience;
(D) the protection of a municipal water supply
system (as defined in section 101 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511)); or
(E) a combination of 2 or more purposes described
in subparagraphs (A) through (D).
(b) Consideration of Alternatives.--In an environmental assessment
or environmental impact statement described in subsection (a), the
Secretary concerned shall study, develop, and describe only the
following 2 alternatives:
(1) The forest management activity, as proposed pursuant to
subsection (a).
(2) The alternative of no action.
(c) Elements of No Action Alternative.--In the case of the
alternative of no action, the Secretary concerned shall evaluate--
(1) the effect of no action on--
(A) forest health;
(B) habitat diversity;
(C) wildfire potential;
(D) insect and disease potential; and
(E) other economic and social factors; and
(2) the implications of a resulting decline, if any, in
forest health, loss of habitat diversity, wildfire, or insect
or disease infestation, given fire and insect and disease
historic cycles, on--
(A) domestic water costs;
(B) wildlife habitat loss; and
(C) other economic and social factors.
SEC. 202. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE
ACTIONS.
(a) In General.--A categorical exclusion is available to the
Secretary concerned to propose a forest management activity on National
Forest System land or public land in any case in which--
(1) the forest management activity is developed and
implemented through a collaborative process; and
(2) the primary purpose of the forest management activity
is--
(A) to address an insect or disease infestation;
(B) to reduce hazardous fuels;
(C) to protect a municipal water supply system (as
defined in section 101 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6511));
(D) to maintain, enhance, or modify critical
habitat to protect the critical habitat from
catastrophic events;
(E) to increase water yield; or
(F) any combination of the purposes specified in
subparagraphs (A) through (E).
(b) Limitation.--A forest management activity covered by the
categorical exclusion described in subsection (a) may not contain
harvest units exceeding a total of 3,000 acres.
(c) Requirements.--A forest management activity covered by the
categorical exclusion described in subsection (a) shall be--
(1) based on the best available scientific information; and
(2) subject to section 206.
SEC. 203. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN
RESPONSE TO CATASTROPHIC EVENTS.
(a) In General.--A categorical exclusion is available to the
Secretary concerned to develop and carry out a salvage operation as
part of the restoration of National Forest System land or public land
following a catastrophic event.
(b) Acreage Limitations.--
(1) In general.--Subject to paragraph (2), a salvage
operation covered by the categorical exclusion described in
subsection (a) may not contain harvest units exceeding a total
of 3,000 acres.
(2) Harvest area.--The harvest units covered by the
categorical exclusion described in subsection (a) may not
exceed \1/3\ of the area impacted by the catastrophic event.
(c) Requirement.--A salvage operation covered by the categorical
exclusion described in subsection (a) shall be subject to section 206.
SEC. 204. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR EARLY
SUCCESSIONAL FORESTS.
(a) In General.--A categorical exclusion is available to the
Secretary concerned to develop and carry out a forest management
activity on National Forest System land or public land--
(1) in any case in which the forest management activity is
developed and implemented through a collaborative process; and
(2) when the primary purpose of the forest management
activity is to modify, improve, enhance, or create early
successional forests for wildlife habitat improvement and other
purposes, consistent with the applicable forest plan.
(b) Project Goals.--To the maximum extent practicable, the
Secretary concerned shall design a forest management activity under
this section to meet early successional forest goals in such a manner
so as to maximize production and regeneration of priority species, as
identified in the forest plan and consistent with the capability of the
activity site.
(c) Limitation.--A forest management activity covered by the
categorical exclusion described in subsection (a) may not contain
harvest units exceeding a total of 3,000 acres.
(d) Requirements.--A forest management activity covered by the
categorical exclusion described in subsection (a) shall be--
(1) based on the best available scientific information; and
(2) subject to section 206.
SEC. 205. CATEGORICAL EXCLUSION TO IMPROVE, RESTORE, AND REDUCE THE
RISK OF WILDFIRE.
(a) 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 during the period--
(A) beginning when both the invasive species and
native perennial species have completed the current-
year annual growth cycle of the species; and
(B) ending when new plant growth begins to appear
in the following year.
(3) Targeted livestock grazing.--The term ``targeted
livestock grazing'' means grazing used for purposes of
hazardous fuel reduction.
(b) Availability of Categorical Exclusion.--A categorical exclusion
is available to the Secretary concerned to carry out a forest
management activity described in subsection (d) on National Forest
System Land or public land--
(1) in any case in which the forest management activity is
developed and implemented through a collaborative process; and
(2) when the primary purpose of the activity on that
National Forest System land or public land is--
(A) to improve forest health;
(B) to restore forest health;
(C) to reduce the risk of wildfire; or
(D) to achieve State wildlife population goals.
(c) Acreage Limitations Requirements.--A forest management activity
covered by the categorical exclusion described in subsection (b)--
(1) may not contain harvest units exceeding a total of
3,000 acres; and
(2) shall be based on the best available scientific
information.
(d) Authorized Activities.--The following activities may be carried
out using a categorical exclusion described in subsection (b):
(1) Removal of juniper trees, medusahead rye, conifer
trees, pinon pine trees, cheatgrass, and other noxious or
invasive weeds specified on Federal or State noxious weeds
lists through late-season livestock grazing, targeted livestock
grazing, prescribed burns, and mechanical treatments.
(2) Performance of hazardous fuels management.
(3) Creation of fuel and fire breaks.
(4) Modification of existing fences so as to distribute
livestock and help improve wildlife habitat.
(5) Installation of erosion control devices.
(6) Construction of new and maintenance of permanent
infrastructure, including stock ponds, water catchments, and
water spring boxes used to benefit livestock and improve
wildlife habitat.
(7) Performance of soil treatments, native and nonnative
seeding, and planting of and transplanting sagebrush, grass,
forb, shrub, and other species.
(8) Use of herbicides, if the Secretary concerned
determines that the activity is otherwise conducted
consistently with agency procedures, including any forest plan
applicable to the area covered by the activity.
(e) Requirement.--A forest management activity covered by the
categorical exclusion described in subsection (b) shall be subject to
section 206.
SEC. 206. CONSIDERATION OF RESOURCE CONDITIONS FOR EXTRAORDINARY
CIRCUMSTANCES.
(a) Definitions.--In this section:
(1) Beneficial effect.--The term ``beneficial effect''
means long-term--
(A) improvement in ecological or hydrological
function and health;
(B) improvement in forest health;
(C) reduction in the risk of catastrophic fire; or
(D) protection of watersheds.
(2) Categorically excluded.--The term ``categorically
excluded'' means categorically excluded from further analysis
and documentation in an environmental assessment or an
environmental impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) Extraordinary Circumstances.--Except as provided in subsection
(c), the extraordinary circumstances procedures under section 220.6 of
title 36, Code of Federal Regulations (or a successor regulation),
shall apply to a proposal for--
(1) a forest management activity that is categorically
excluded under this title; or
(2) a project that is categorically excluded under section
603(a)(1) of the Healthy Forests Restoration Act of 2013 (16
U.S.C. 6591b(a)(1)).
(c) Consideration of Beneficial Effects.--
(1) In general.--In determining whether extraordinary
circumstances preclude a proposal for a forest management
activity or project described in paragraph (1) or (2) of
subsection (b) from being categorically excluded, the Secretary
shall consider the beneficial effect of the proposed forest
management activity or project on sensitive species.
(2) Reasonable beneficial effect.--The Secretary shall not
determine that extraordinary circumstances preclude a proposal
for a forest management activity or project described in
paragraph (1) or (2) of subsection (b) from being categorically
excluded if, after consideration under paragraph (1), the
Secretary determines that there is a reasonable beneficial
effect or reasonably forseeable beneficial effect of the
proposed forest management activity or project on sensitive
species.
(3) Effect of uncertainty.--Uncertainty with respect to the
degree of a beneficial effect under paragraph (1) or (2) shall
not preclude the use of a categorical exclusion.
SEC. 207. COMPLIANCE WITH FOREST PLAN.
A forest management activity covered by a categorical exclusion
described in this title shall be conducted in a manner consistent with
the forest plan applicable to the National Forest System land or public
land covered by the forest management activity.
SEC. 208. ROADS.
(a) Permanent Roads.--A forest management activity carried out
under this title shall not include the construction of new permanent
roads.
(b) Existing Roads.--The Secretary concerned may carry out
necessary maintenance of, repairs to, or reconstruction of an existing
permanent road for the purposes of this title.
(c) Temporary Roads.--The Secretary concerned shall decommission
any temporary road constructed under this title not later than 3 years
after the date on which the project is completed.
SEC. 209. EXCLUSIONS.
This title does not apply to--
(1) a component of the National Wilderness Preservation
System;
(2) any Federal land on which, by Act of Congress, the
removal of vegetation is prohibited;
(3) a congressionally designated wilderness study area; or
(4) an area in which the activities authorized under this
title would be inconsistent with the applicable resource
management plan.
TITLE III--TRIBAL FORESTRY PARTICIPATION AND PROTECTION
SEC. 301. PROTECTION OF TRIBAL FOREST ASSETS.
(a) Prompt Consideration of Tribal Requests.--Section 2(b) of the
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended--
(1) in paragraph (1), by striking ``Not later than 120 days
after the date on which an Indian tribe submits to the
Secretary'' and inserting ``In response to the submission by an
Indian tribe to the Secretary of''; and
(2) by adding at the end the following:
``(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.--A notice under subsection
(d) of the denial of a tribal request under paragraph
(1) shall be provided to the Indian tribe by not later
than 1 year after the date on which the Secretary
receives the request.
``(C) Completion.--Not later than 2 years after the
date on which the Secretary receives a tribal request
under paragraph (1) (other than a tribal request denied
under subsection (d)) the Secretary shall--
``(i) complete all environmental reviews
necessary in connection with the agreement or
contract and proposed activities under the
agreement or contract; and
``(ii) enter into the agreement or contract
with the Indian tribe under paragraph (2).''.
(b) Conforming and Technical Amendments.--Section 2 of the Tribal
Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended--
(1) in subsections (b)(1) and (f)(1), by striking ``section
347 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-
277) (as amended by section 323 of the Department of the
Interior and Related Agencies Appropriations Act, 2003 (117
Stat. 275))'' each place it appears and inserting ``section 604
of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591c)''; and
(2) in subsection (d), in the matter preceding paragraph
(1), by striking ``subsection (b)(1), the Secretary may'' and
inserting ``paragraphs (1) and (4)(B) of subsection (b), the
Secretary shall''.
SEC. 302. MANAGEMENT OF INDIAN FOREST LAND AUTHORIZED TO INCLUDE
RELATED NATIONAL FOREST SYSTEM LAND AND PUBLIC LAND.
Section 305 of the National Indian Forest Resources Management Act
(25 U.S.C. 3104) is amended by adding at the end the following:
``(c) Inclusion of Certain National Forest System Land and Public
Land.--
``(1) Definitions.--In this subsection:
``(A) Federal forest land.--The term `Federal
forest land' means--
``(i) National Forest System land; and
``(ii) public lands (as defined in section
103 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1702)), including--
``(I) Coos Bay Wagon Road Grant
land reconveyed to the United States
pursuant to the first section of the
Act of February 26, 1919 (40 Stat.
1179, chapter 47); and
``(II) Oregon and California
Railroad Grant land.
``(B) Secretary concerned.--The term `Secretary
concerned' means--
``(i) the Secretary of Agriculture, with
respect to the Federal forest land described in
subparagraph (A)(i); and
``(ii) the Secretary of the Interior, with
respect to the Federal forest land described in
subparagraph (A)(ii).
``(2) Authority.--
``(A) In general.--On request of an Indian tribe,
the Secretary concerned may treat Federal forest land
described in subparagraph (B) as Indian forest land for
purposes of planning and conducting forest land
management activities under this section.
``(B) Federal forest land described.--Federal
forest land referred to in subparagraph (A) is Federal
forest land that is located within, or mostly within, a
geographic area that presents a feature or involves
circumstances principally relevant to the Indian tribe
making the request, including Federal forest land--
``(i) ceded to the United States by treaty;
``(ii) located within the boundaries of a
current or former Indian reservation; or
``(iii) adjudicated to be tribal homeland.
``(3) Requirements.--As part of an agreement to treat
Federal forest land as Indian forest land under paragraph (2),
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 date
of the agreement, except that the Secretary concerned
may limit or prohibit that access as necessary;
``(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 date of the
agreement, including, as applicable, 25-percent
payments or 50-percent payments; or
``(ii) at the option of the Indian tribe,
on terms agreed to by the Indian tribe, the
Secretary concerned, and State and local
governments participating in a revenue sharing
agreement applicable to 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
effect on the Federal forest land prior to the
commencement of tribal forest land management
activities; and
``(E) ensure that any commercial timber removed
from the Federal forest land is sold on a competitive
bid basis.
``(4) Effect.--The treatment of Federal forest land as
Indian forest land for purposes of planning and conducting
forest land management activities pursuant to paragraph (2)
does not designate the Federal forest land as Indian forest
land for any other purpose.''.
SEC. 303. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.
The Secretary of the Interior or the Secretary of Agriculture may
carry out a demonstration project pursuant to which a federally
recognized Indian tribe or tribal organization may enter into a
contract to carry out administrative, management, or other functions of
programs of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a),
through a contract entered into under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
TITLE IV--MISCELLANEOUS FOREST MANAGEMENT ACTIVITIES
SEC. 401. DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means the Secretary of
Agriculture.
SEC. 402. STATE-SUPPORTED PLANNING OF FOREST MANAGEMENT ACTIVITIES.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State or political subdivision of a State
that contains National Forest System land or public
land;
(B) a publicly chartered utility serving 1 or more
States or political subdivisions of a State;
(C) a rural electric company; and
(D) any other entity determined by the Secretary
concerned to be appropriate for participation in the
Fund.
(2) Fund.--The term ``Fund'' means the State-Supported
Forest Management Fund established by subsection (b).
(b) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the ``State-Supported Forest
Management Fund'', to cover the cost of planning (especially as
relating to compliance with section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2))), carrying out,
and monitoring certain forest management activities on National Forest
System land or public land.
(c) Contents.--The Fund shall consist of such amounts as may be--
(1) contributed by an eligible entity for deposit in the
Fund;
(2) appropriated to the Fund; or
(3) generated by forest management activities carried out
using amounts in the Fund.
(d) Geographical and Use Limitations.--In making a contribution
under subsection (c)(1), an eligible entity may--
(1) specify the National Forest System land or public land
for which the contribution may be expended; and
(2) limit the types of forest management activities for
which the contribution may be expended.
(e) Authorized Activities.--In such amounts as may be provided in
advance in appropriation Acts, the Secretary concerned may use amounts
in the Fund to plan, carry out, and monitor any forest management
activity that is--
(1) developed and implemented through a collaborative
process;
(2) proposed by a resource advisory committee; or
(3) covered by a community wildfire protection plan.
(f) Implementation Methods.--
(1) In general.--A forest management activity carried out
using amounts in the Fund may be carried out pursuant to--
(A) a stewardship end result contracting project
authorized under section 604 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591c);
(B) good neighbor authority under section 8206 of
the Agricultural Act of 2014 (16 U.S.C. 2113a) and
section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (Public Law
106-291; 114 Stat. 996; 118 Stat. 3102; 123 Stat. 2961;
128 Stat. 341);
(C) a contract under section 14 of the National
Forest Management Act of 1976 (16 U.S.C. 472a); or
(D) any other authority available to the Secretary
concerned.
(2) Use of revenues.--Any revenue generated by a forest
management activity described in paragraph (1) shall be used to
reimburse the Fund for planning costs covered using amounts in
the Fund.
(g) Relation to Other Laws.--
(1) Revenue sharing.--Subject to subsection (f), revenues
generated by a forest management activity carried out using
amounts from the Fund shall be considered to be monies received
from the National Forest System.
(2) Knutson-vandenberg act.--The Act of June 9, 1930
(commonly known as the ``Knutson-Vandenberg Act'') (16 U.S.C.
576 et seq.), shall apply to a forest management activity
carried out using amounts in the Fund.
(h) Termination of Fund.--
(1) In general.--The Fund shall terminate on September 30,
2018.
(2) Effect.--On the termination of the Fund under paragraph
(1), or pursuant to any other law, any unobligated contribution
remaining in the Fund shall be returned to the eligible entity
that made the contribution.
SEC. 403. BALANCING OF IMPACTS IN CONSIDERING INJUNCTIVE RELIEF.
A court reviewing an agency action relating to a forest management
activity under this Act for a request for an order to enjoin the agency
action shall, as part of the balancing of interests, balance--
(1) the short- and long-term impacts on each ecosystem
likely to be affected by the forest management activity if the
agency action is undertaken; against
(2) the short- and long-term impacts on each ecosystem
likely to be affected by the forest management activity if the
agency action is not undertaken.
SEC. 404. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION PROGRAM.
(a) In General.--Section 13A of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2109a) is amended to read as follows:
``SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION
PROGRAM.
``(a) Purpose.--The purpose of this section is to encourage
collaborative, science-based restoration of priority forest landscapes
and help manage forest resources that are at risk of--
``(1) catastrophic events (as defined in section 2 of the
Emergency Wildfire and Forest Management Act of 2016); and
``(2) any other threats that degrade the vitality of forest
ecosystems.
``(b) Definitions.--In this section:
``(1) Beginning forest owner.--The term `beginning forest
owner' means a person who is in the first 10 years of ownership
of nonindustrial private forest land.
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(3) Nonindustrial private forest land.--The term
`nonindustrial private forest land' means land that--
``(A) is rural, as determined by the Secretary;
``(B) has existing tree cover or is suitable for
growing trees; and
``(C) is owned by any private individual, group,
association, corporation, Indian tribe, or other
private legal entity.
``(4) State forest land.--The term `State forest land'
means land that--
``(A) is rural, as determined by the Secretary; and
``(B) is under State or local governmental
ownership and considered to be non-Federal forest land.
``(c) Establishment.--The Secretary, in consultation with State
Foresters or appropriate State agencies, shall establish a competitive
grant program to provide financial and technical assistance--
``(1) to encourage active forest management on cross-
boundary priority forest landscapes, including land owned by
beginning and previously unengaged forest owners, for the
purpose of maintaining forest health;
``(2) to protect forests from natural threats and wildfire;
``(3) to enhance public benefits from forests;
``(4) to conserve and manage working forest landscapes for
multiple values and uses; and
``(5) to advance priorities in statewide forest assessment
and resource strategies.
``(d) Eligibility.--To be eligible to receive a grant under this
section, an applicant shall submit to the Secretary, through the State
forester or appropriate State agency, a State and private forest
landscape-scale restoration proposal based on a restoration strategy
that is--
``(1) complete or substantially complete;
``(2) for a multiyear period;
``(3) comprised of nonindustrial private forest land or
State forest land;
``(4) accessible by wood-processing infrastructure; and
``(5) based on the best available science.
``(e) Plan Criteria.--A State and private forest landscape-scale
restoration proposal submitted under this section shall include plans--
``(1) to reduce the risk of uncharacteristic wildfires,
including hazardous fuels management;
``(2) to improve fish and wildlife habitats, including the
habitats of threatened and endangered species;
``(3) to maintain or improve water quality and watershed
function;
``(4) to mitigate invasive species, insect infestation, and
disease;
``(5) to improve important forest ecosystems;
``(6) to measure ecological and economic benefits,
including air quality and soil quality and productivity;
``(7) to prioritize a State forest action plan;
``(8) to utilize and advance production of renewable
energy; and
``(9) to take other relevant actions, as determined by the
Secretary.
``(f) Priorities.--In making grants under this section, the
Secretary shall give priority to plans that--
``(1) further a statewide forest assessment and resource
strategy;
``(2) promote cross boundary landscape collaboration; and
``(3) leverage public and private resources.
``(g) Collaboration and Consultation.--The Chief of the Forest
Service, the Chief of the Natural Resources Conservation Service, and
relevant stakeholders shall collaborate and consult on an ongoing basis
regarding administration of the program established under this section
and identifying other applicable resources towards landscape-scale
restoration.
``(h) Matching Funds Required.--As a condition of receiving a grant
under this section, the Secretary shall require the recipient of the
grant to provide funds or in-kind support from non-Federal sources in
an amount that is at least equal to the amount provided by the Federal
Government.
``(i) Coordination and Proximity Encouraged.--In making grants
under this section, the Secretary may consider coordination with and
proximity to other landscape-scale projects on other land under the
jurisdiction of the Secretary, the Secretary of the Interior, or a
Governor of a State, including under--
``(1) the Collaborative Forest Landscape Restoration
Program established under section 4003 of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303);
``(2) landscape areas designated for insect and disease
treatments under section 602 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591a);
``(3) good neighbor authority under section 8206 of the
Agricultural Act of 2014 (16 U.S.C. 2113a) and section 331 of
the Department of the Interior and Related Agencies
Appropriations Act, 2001 (Public Law 106-291; 114 Stat. 996;
118 Stat. 3102, 123 Stat. 2961; 128 Stat. 341);
``(4) stewardship end result contracting projects
authorized under section 604 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591c);
``(5) appropriate State-level programs; and
``(6) other relevant programs, as determined by the
Secretary.
``(j) Regulations.--The Secretary shall promulgate such regulations
as the Secretary determines necessary to carry out this section.
``(k) Report.--Not later than 3 years after the date of enactment
of this section, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on the
status of development, execution, and administration of selected
projects, accounting of program funding expenditures, and specific
accomplishments that have resulted from landscape-scale projects.
``(l) Fund.--
``(1) In general.--There is established in the Treasury of
the United States a fund, to be known as the `State and Private
Forest Landscape-Scale Restoration Fund' (referred to in this
subsection as the `Fund'), to be used by the Secretary to make
grants under this section.
``(2) Contents.--The Fund shall consist of such amounts as
are appropriated to the Fund under paragraph (3).
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $40,000,000 for each fiscal year
beginning with the first full fiscal year after the date of
enactment of the Emergency Wildfire and Forest Management Act
of 2016 through fiscal year 2018, to remain available until
expended.''.
(b) Conforming Amendments.--
(1) Section 13B of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2109b) is repealed.
(2) Section 19(a)(4)(C) of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2113(a)(4)(C)) is amended by
striking ``sections 13A and 13B'' and inserting ``section
13A''.
SEC. 405. PILOT ARBITRATION PROGRAM.
(a) Definitions.--In this section:
(1) Arbitrator.--The term ``arbitrator'' means a
professional arbitrator or other individual who--
(A) possesses expertise in the subject matter of a
specific demand for arbitration filed under subsection
(f); and
(B) is selected by the Secretary to make a decision
on that specific demand for arbitration in accordance
with subsection (g).
(2) Natural disaster.--The term ``natural disaster'' mean a
wildfire, hurricane or excessive winds, drought, ice storm or
blizzard, flood, or other resource-impacting event, as
determined by the Secretary.
(3) Program.--The term ``program'' means the pilot
arbitration program established by the Secretary under
subsection (b).
(b) Establishment.--
(1) In general.--The Secretary shall establish within the
Forest Service a pilot arbitration program to designate any of
the projects described in subsection (c) for an alternative
dispute resolution process to replace judicial review of the
projects.
(2) Designation process.--The Secretary shall--
(A) establish a process for the designation of
projects for the program in accordance with this
section; and
(B) publish in the Federal Register the designation
process described in subparagraph (A).
(c) Designation of Projects.--The Secretary may designate for the
program projects that--
(1)(A) are developed through a collaborative process;
(B) are proposed by a resource advisory committee;
(C)(i) are necessary to address damage caused by a natural
disaster on National Forest System land that, if not treated--
(I) would impair or endanger the natural resources
on the National Forest System land; and
(II) would materially affect future use of the
National Forest System land; and
(ii) would restore forest health and forest-related
resources on the National Forest System land described in
clause (i);
(D) respond to damage as a result of natural disasters;
(E) address insect or disease infestation;
(F) are carried out under the Tribal Forest Protection Act
of 2004 (25 U.S.C. 3115a); or
(G) are carried out under community wildfire protection
plans (as defined in section 101 of the Healthy Forest
Restoration Act of 2003 (16 U.S.C. 6511)); and
(2) do not constitute final agency action.
(d) Limitation of Projects.--Not more than 10 projects described in
subsection (c) may be designated for the program in any applicable
calendar year.
(e) Termination of Authority.--The authority to designate a project
described in subsection (c) for the program terminates on October 1,
2018.
(f) Demand for Arbitration.--
(1) In general.--Subject to paragraph (2), an individual or
entity--
(A) may file a demand for arbitration regarding a
project described in subsection (c) that has been
designated for the program under subsection (b) in
accordance with subchapter IV of chapter 5 of title 5,
United States Code; and
(B) if a demand for arbitration is filed under
subparagraph (A), shall include in the demand for
arbitration a proposal for an alternative to the
project that describes each modification sought with
respect to the project.
(2) Requirement.--A demand for arbitration may only be
filed under paragraph (1) by an individual or entity that--
(A) participated in a collaborative process; or
(B) proposed the project with a resource advisory
committee.
(g) Responsibilities of Arbitrator.--
(1) In general.--An arbitrator shall make a decision on
each demand for arbitration under this section by selecting
only--
(A) the project, as approved by the Secretary; or
(B) a proposal submitted by an individual or entity
under subsection (f)(1)(B).
(2) Limitations.--
(A) Administrative record.--A decision of an
arbitrator under this subsection shall be based solely
on the administrative record for the project.
(B) No modifications to proposals.--An arbitrator
may not modify any proposal contained in a demand for
arbitration under this section.
(C) Decision requirements.--A decision of an
arbitrator under this subsection shall be--
(i) within the authority of the Secretary;
and
(ii) consistent with each applicable forest
plan.
(D) Rules.--Arbitration under this subsection shall
be conducted in accordance with the appropriate rules
and procedures of the American Arbitration Association.
(h) Effect of Arbitration Decision.--A decision of an arbitrator
under this section--
(1) shall not be considered to be a major Federal action;
(2) shall be binding; and
(3) shall not be subject to judicial review, except as
provided in section 10(a) of title 9, United States Code.
SEC. 406. NATIONAL FOREST SYSTEM ACCELERATED LANDSCAPE RESTORATION
PILOT PROGRAM.
(a) In General.--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. 605. NATIONAL FOREST SYSTEM ACCELERATED LANDSCAPE RESTORATION
PILOT PROGRAM.
``(a) Definitions.--In this section:
``(1) Collaborative group.--The term `collaborative group'
means a group of individuals, operating in a transparent and
inclusive manner, that represent a balance of the interests of
entities including--
``(A) conservation organizations;
``(B) timber and forest products organizations;
``(C) local and tribal governments;
``(D) community organizations; and
``(E) other multiple-use groups with an interest in
the National Forest System, as determined by the
Secretary.
``(2) Designated landscape.--The term `designated
landscape' means a landscape-scale area designated for the
pilot program under subsection (b)(2).
``(3) Forest health.--The term `forest health' means the
state in which a forest--
``(A)(i) is durable, resilient, and less prone to
wildfire, insect, or pathogen outbreaks of a severity,
size, or quantity that exceeds the natural range of
variation, taking into account the anticipated future
conditions of the forest;
``(ii) supports--
``(I) ecosystem services and functions; and
``(II) populations of native plant species;
and
``(iii) allows for natural disturbances; or
``(B) can maintain or develop, within acceptable
ranges, regimes of--
``(i) species composition;
``(ii) ecosystem function and structure;
``(iii) hydrologic function; and
``(iv) sediment.
``(4) Pilot program.--The term `pilot program' means the
National Forest System accelerated landscape restoration pilot
program established by the Secretary under subsection (b)(1).
``(5) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a National
Forest System accelerated landscape restoration pilot program
to restore or maintain designated landscapes.
``(2) Designation.--The Secretary, acting through the Chief
of the Forest Service, shall, in accordance with this
subsection, designate for the pilot program not fewer than 10
landscape-scale areas within 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))).
``(3) Eligibility.--Each designated landscape shall--
``(A) include not less than 75,000 acres and not
more than 1,000,000 acres;
``(B) be identified by a collaborative group;
``(C) not include any inventoried roadless area;
and
``(D) include forests that--
``(i) are not in a state of forest health;
``(ii) are at increased risk of high-
severity wildfire; or
``(iii) are at increased risk of an insect
or disease infestation.
``(4) Consideration.--
``(A) In general.--In designating landscape-scale
areas for the pilot program under paragraph (2), the
Secretary shall--
``(i) prioritize landscape-scale areas in
which social, ecological, and economic
conditions support landscape-scale restoration;
and
``(ii) consider the factors described in
subparagraph (B).
``(B) Factors.--The factors referred to in
subparagraph (A)(ii) are the following factors:
``(i) The existence of strong collaborative
support for landscape-scale restoration.
``(ii) The ecological conditions that are
conducive to landscape-scale decisions, such as
broad categories of land that would benefit
from similar restoration treatments.
``(iii) Economic conditions, such as the
existence of infrastructure in proximity to the
landscape-scale area that can make economic use
of the forest byproducts of restoration.
``(iv) The extent to which the landscape-
scale area is important to support, maintain,
or improve water quality and watershed
function.
``(v) Other considerations, as determined
by the Secretary.
``(5) Public notice.--
``(A) Initial notice.--Not later than 90 days after
the date of enactment of this Act, the Secretary shall
publish in the Federal Register a notice of the process
for the designation of landscape-scale areas for the
pilot program under paragraph (2).
``(B) Final notice.--Not later than 1 year after
the date of enactment of this section, the Secretary
shall publish in the Federal Register a notice
describing--
``(i) each designated landscape;
``(ii) the rationale for designating, in
accordance with the requirements described in
paragraph (3), each designated landscape;
``(iii) any collaborative group used to
identify a designated landscape;
``(iv) an overview of any forest health
problem with respect to each designated
landscape;
``(v) a discussion of the purpose of, and
need for, restoration of each designated
landscape;
``(vi) a summary of the management actions
necessary to achieve restoration of each
designated landscape;
``(vii) findings relating to the short-term
and long-term risks and impacts of no action
compared to restoration of each designated
landscape; and
``(viii) a notice of intent to prepare an
environmental impact statement for treatment
within each designated landscape.
``(c) Landscape-scale Environmental Impact Statement.--The
Secretary shall prepare, for each designated landscape, a landscape-
scale environmental impact statement for purposes of compliance with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
that--
``(1) is commensurate with the geographic scope of the
designated landscape;
``(2) is sufficient to allow--
``(A) project-scale implementation;
``(B) adaptive management, including site-specific
options, to ensure that project implementation stays
within the documented range of impacts;
``(C) site descriptions or land allocations that
identify locations within the landscape in which
specific restoration or maintenance treatments can be
used appropriately; and
``(D) standards and guidelines, consistent with the
appropriate forest plan and project-level design
criteria, for management or other project activities;
and
``(3) includes--
``(A) an identification of any forest health
problem;
``(B) an identification of the purpose of the
treatment, and need, to restore to more resilient and
healthy conditions, or to maintain, forest health in
the designated landscape;
``(C) an estimate of the time needed to satisfy the
purpose and need described in subparagraph (B) and the
scale of the restoration or maintenance treatment
needed to satisfy that purpose and need;
``(D) a description of potential restoration or
maintenance treatment that would contribute to the
satisfaction of the purpose and need described in
subparagraph (B); and
``(E) a description of possible changes in
circumstances or new information that would require
supplemental documentation under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000 for each fiscal year
beginning with the first full fiscal year after the date of enactment
of the Emergency Wildfire and Forest Management Act of 2016 through
fiscal year 2018.''.
(b) Conforming Amendment.--The table of contents for the Healthy
Forests Restoration Act of 2003 (16 U.S.C. prec. 6501) is amended by
adding at the end of the items relating to title VI the following:
``Sec. 602. Designation of treatment areas.
``Sec. 603. Administrative review.
``Sec. 604. Stewardship end result contracting projects.
``Sec. 605. National Forest System accelerated landscape restoration
pilot program.''.
SEC. 407. TENNESSEE WILDERNESS.
(a) Definitions.--In this section:
(1) Map.--The term ``Map'' means the map entitled
``Proposed Wilderness Areas and Additions-Cherokee National
Forest'' and dated January 20, 2010.
(2) State.--The term ``State'' means the State of
Tennessee.
(b) Designation of Wilderness.--In accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), the following parcels of Federal land in
the Cherokee National Forest in the State are designated as wilderness
and as additions to the National Wilderness Preservation System:
(1) Certain land comprising approximately 9,038 acres, as
generally depicted as the ``Upper Bald River Wilderness'' on
the Map, which shall be known as the ``Upper Bald River
Wilderness''.
(2) Certain land comprising approximately 348 acres, as
generally depicted as the ``Big Frog Addition'' on the Map,
which shall be incorporated in, and considered to be a part of,
the Big Frog Wilderness.
(3) Certain land comprising approximately 630 acres, as
generally depicted as the ``Little Frog Mountain Addition NW''
on the Map, which shall be incorporated in, and considered to
be a part of, the Little Frog Mountain Wilderness.
(4) Certain land comprising approximately 336 acres, as
generally depicted as the ``Little Frog Mountain Addition NE''
on the Map, which shall be incorporated in, and considered to
be a part of, the Little Frog Mountain Wilderness.
(5) Certain land comprising approximately 2,922 acres, as
generally depicted as the ``Sampson Mountain Addition'' on the
Map, which shall be incorporated in, and considered to be a
part of, the Sampson Mountain Wilderness.
(6) Certain land comprising approximately 4,446 acres, as
generally depicted as the ``Big Laurel Branch Addition'' on the
Map, which shall be incorporated in, and considered to be a
part of, the Big Laurel Branch Wilderness.
(7) Certain land comprising approximately 1,836 acres, as
generally depicted as the ``Joyce Kilmer-Slickrock Addition''
on the Map, which shall be incorporated in, and considered to
be a part of, the Joyce Kilmer-Slickrock Wilderness.
(c) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and legal
descriptions of the wilderness areas designated by subsection
(b) with the appropriate committees of Congress.
(2) Public availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the office of the Chief of the Forest
Service and the office of the Supervisor of the Cherokee
National Forest.
(3) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
typographical errors in the maps and descriptions.
(d) Administration.--
(1) In general.--Subject to valid existing rights, the
Federal land designated as wilderness by subsection (b) shall
be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in that Act to the effective date of that Act shall
be deemed to be a reference to the date of enactment of this
Act.
(2) Fish and wildlife management.--In accordance with
section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),
nothing in this section affects the jurisdiction of the State
with respect to fish and wildlife management (including the
regulation of hunting, fishing, and trapping) in the wilderness
areas designated by subsection (b).
SEC. 408. ADDITIONAL AUTHORITY FOR SALE OR EXCHANGE OF SMALL PARCELS OF
NATIONAL FOREST SYSTEM LAND.
(a) Increase in Maximum Value of Small Parcels.--Section 3 of
Public Law 97-465 (commonly known as the ``Small Tract Act of 1983'')
(16 U.S.C. 521e) is amended in the matter preceding paragraph (1) by
striking ``$150,000'' and inserting ``$500,000''.
(b) Additional Conveyance Purposes.--Section 3 of Public Law 97-465
(16 U.S.C. 521e) (as amended by subsection (a)) is amended--
(1) in paragraph (2), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) parcels of 40 acres or less that are determined by
the Secretary--
``(A) to be physically isolated;
``(B) to be inaccessible; or
``(C) to have lost National Forest character;
``(5) parcels of 10 acres or less that are not eligible for
conveyance under paragraph (2) but are encroached on by a
permanent habitable improvement for which there is no evidence
that the encroachment was intentional or negligent; or
``(6) parcels used as a cemetery (including a parcel of not
more than 1 acre adjacent to the parcel used as a cemetery), a
landfill, or a sewage treatment plant under a special use
authorization issued or otherwise authorized by the
Secretary.''.
(c) Disposition of Proceeds.--Section 2 of Public Law 97-465 (16
U.S.C. 521d) is amended--
(1) in the matter preceding paragraph (1), by striking
``The Secretary is authorized'' and inserting the following:
``(a) Conveyance Authority; Consideration.--The Secretary is
authorized'';
(2) in paragraph (2), in the second sentence, by striking
``The Secretary shall insert'' and inserting the following:
``(b) Inclusion of Terms, Covenants, Conditions, and
Reservations.--
``(1) In general.--The Secretary shall insert'';
(3) in subsection (b) (as so designated)--
(A) by striking ``convenants'' and inserting
``covenants''; and
(B) in the second sentence by striking ``The
preceding sentence shall not'' and inserting the
following:
``(2) Limitation.--Paragraph (1) shall not''; and
(4) by adding at the end the following:
``(c) Disposition of Proceeds.--
``(1) Deposit in sisk fund.--The net proceeds derived from
any sale or exchange conducted under paragraph (4), (5), or (6)
of section 3 shall be deposited in the fund established under
Public Law 90-171 (commonly known as the `Sisk Act') (16 U.S.C.
484a).
``(2) Use.--Amounts deposited under paragraph (1) shall be
available to the Secretary until expended for--
``(A) the acquisition of land or interests in land
for administrative sites for the National Forest System
in the State from which the amounts were derived;
``(B) the acquisition of land or interests in land
for inclusion in the National Forest System in that
State, including land or interests in land that enhance
opportunities for recreational access;
``(C) the performance of deferred maintenance on
administrative sites for the National Forest System in
that State or other deferred maintenance activities in
that State that enhance opportunities for recreational
access; or
``(D) the reimbursement of the Secretary for costs
incurred in preparing a sale conducted under the
authority of section 3 if the sale is a competitive
sale.''.
SEC. 409. EXTENSION OF AUTHORIZATION FOR CONVEYANCE OF FOREST SERVICE
ADMINISTRATIVE SITES.
Section 503(f) of the Forest Service Facility Realignment and
Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109-54) is
amended by striking ``2016'' and inserting ``2018''.
SEC. 410. PRESCRIBED BURN APPROVAL.
(a) Definitions.--In this section:
(1) National fire danger rating system.--The term
``national fire danger rating system'' means the national
system used to provide a measure of fire danger according to a
range of low to moderate to high to very high to extreme.
(2) Prescribed burn.--The term ``prescribed burn'' means a
planned fire intentionally ignited.
(b) Limitations on Prescribed Burns.--
(1) In general.--Except as provided in paragraph (2), the
head of a Federal agency shall not authorize a prescribed burn
on Federal land if, for the county or contiguous county in
which the Federal land is located, the national fire danger
rating system indicates an extreme fire danger level.
(2) Exception.--The head of a Federal agency may authorize
a prescribed burn under a condition described in paragraph (1)
if the head of the Federal agency coordinates with the
applicable State government and local fire officials.
(3) Report.--At the end of each fiscal year, the Chief of
the Forest Service shall submit to Congress a report
describing--
(A) the number and locations of prescribed burns
during that fiscal year; and
(B) each prescribed burn during that fiscal year
that was authorized by the head of a Federal agency
pursuant to paragraph (2).
SEC. 411. NORTH CAROLINA WILDERNESS STUDY AREAS.
The Secretary shall not designate any land in the Nantahala
National Forest or the Pisgah National Forest in the State of North
Carolina as a wilderness study area unless each affected county
approves the designation.
TITLE V--KISATCHIE NATIONAL FOREST LAND CONVEYANCE
SEC. 501. SHORT TITLE.
This title may be cited as the ``Kisatchie National Forest Land
Conveyance Act of 2016''.
SEC. 502. FINDING.
Congress finds that it is in the public interest to authorize the
conveyance of certain Federal land in the Kisatchie National Forest in
the State of Louisiana for market value consideration.
SEC. 503. DEFINITIONS.
In this title:
(1) Collins camp properties.--The term ``Collins Camp
Properties'' means Collins Camp Properties, Inc., a corporation
incorporated under the laws of the State.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State.--The term ``State'' means the State of
Louisiana.
SEC. 504. AUTHORIZATION OF CONVEYANCES.
(a) Authorization.--
(1) In general.--Subject to valid existing rights and
subsection (b), the Secretary may convey the Federal land
described in paragraph (2) by quitclaim deed at public or
private sale, including competitive sale by auction, bid, or
other methods.
(2) Description of land.--The Federal land referred to in
paragraph (1) consists of--
(A) all Federal land within sec. 9, T. 10 N., R. 5
W., Winn Parish, Louisiana; and
(B) a 2.16-acre parcel of Federal land located in
the SW\1/4\ of sec. 4, T. 10 N., R. 5 W., Winn Parish,
Louisiana, as depicted on a certificate of survey dated
March 7, 2007, by Glen L. Cannon, P.L.S. 4436.
(b) First Right of Purchase.--Subject to valid existing rights and
section 506, during the 1-year period beginning on the date of
enactment of this Act, on the provision of consideration by the Collins
Camp Properties to the Secretary, the Secretary shall convey, by
quitclaim deed, to Collins Camp Properties all right, title and
interest of the United States in and to--
(1) not more than 47.92 acres of Federal land comprising
the Collins Campsites within sec. 9, T. 10 N., R. 5 W., in Winn
Parish, Louisiana, as generally depicted on a certificate of
survey dated February 28, 2007, by Glen L. Cannon, P.L.S. 4436;
and
(2) the parcel of Federal land described in subsection
(a)(2)(B).
(c) Terms and Conditions.--The Secretary may--
(1) configure the Federal land to be conveyed under this
title--
(A) to maximize the marketability of the
conveyance; or
(B) to achieve management objectives; and
(2) establish any terms and conditions for the conveyances
under this title that the Secretary determines to be in the
public interest.
(d) Consideration.--Consideration for a conveyance of Federal land
under this title shall be--
(1) in the form of cash; and
(2) in an amount equal to the market value of the Federal
land being conveyed, as determined under subsection (e).
(e) Market Value.--The market value of the Federal land conveyed
under this title shall be determined--
(1) in the case of Federal land conveyed under subsection
(b), by an appraisal that is--
(A) conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions; and
(B) approved by the Secretary; or
(2) if conveyed by a method other than the methods
described in subsection (b), by competitive sale.
(f) Hazardous Substances.--
(1) In general.--
(A) Disclosure and remediation.--In any conveyance
of Federal land under this title to Collins Camp
Properties, or any occupant residing on the Federal
land under a special use permit issued by the Forest
Service, the Secretary shall meet disclosure
requirements for hazardous substances, pollutants, and
contaminants, but shall not otherwise be required to
remediate or abate the hazardous substances,
pollutants, or contaminants.
(B) Indemnification.--Collins Camp Properties, or
any occupant residing on the Federal land conveyed
under this title under a special use permit issued by
the Forest Service, that acquires the Federal land
shall agree, as a condition of the conveyance, to
indemnify and hold harmless the United States for costs
associated with the remediation or abatement of any
hazardous substances, pollutants, or contaminants
located on the acquired land.
(2) Effect.--Nothing in this section otherwise affects the
application of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) to the conveyances of Federal land.
SEC. 505. PROCEEDS FROM THE SALE OF LAND.
(a) Deposit of Receipts.--The Secretary shall deposit the proceeds
of a conveyance of Federal land under section 504 in the fund
established under Public Law 90-171 (commonly known as the ``Sisk
Act'') (16 U.S.C. 484a).
(b) Use of Funds.--Amounts deposited under subsection (a) shall be
available to the Secretary until expended, without further
appropriation, for the acquisition of land and interests in land in the
Kisatchie National Forest in the State.
SEC. 506. ADMINISTRATION.
(a) Costs.--As a condition of a conveyance of Federal land to
Collins Camp Properties under section 504, the Secretary shall require
Collins Camp Properties to pay at closing--
(1) reasonable appraisal costs; and
(2) the cost of any administrative and environmental
analyses required by law (including regulations).
(b) Permits.--
(1) In general.--An offer by Collins Camp Properties for
the acquisition of the Federal land under section 504 shall be
accompanied by a written statement from each holder of a Forest
Service special use authorization with respect to the Federal
land that specifies that the holder agrees to relinquish the
special use authorization on the conveyance of the Federal land
to Collins Camp Properties.
(2) Special use authorizations.--If any holder of a special
use authorization described in paragraph (1) fails to provide a
written authorization in accordance with that paragraph, the
Secretary shall require, as a condition of the conveyance, that
Collins Camp Properties administer the special use
authorization according to the terms of the special use
authorization until the date on which the special use
authorization expires.
TITLE VI--CHATTAHOOCHEE-OCONEE NATIONAL FOREST LAND ADJUSTMENT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Chattahoochee-Oconee National
Forest Land Adjustment Act of 2016''.
SEC. 602. FINDINGS.
Congress finds that--
(1) certain National Forest System land in the State of
Georgia consists of isolated tracts that--
(A) are inefficient to manage; or
(B) have lost the principal value of the tracts for
the National Forest System;
(2) the disposal of the land described in paragraph (1)
would be in the public interest; and
(3) the best use of proceeds from the sale of land
authorized under this title is the purchase by the Secretary of
land in the State of Georgia for the National Forest System.
SEC. 603. DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means the Secretary of
Agriculture.
SEC. 604. LAND CONVEYANCE AUTHORITY.
(a) In General.--Subject to valid existing rights, the Secretary is
authorized to sell or exchange all right, title, and interest of the
United States in and to the National Forest System land described in
subsection (b) under terms and conditions that the Secretary may
prescribe.
(b) Land Authorized for Disposal.--
(1) In general.--The land referred to in subsection (a)
consists of 30 tracts of land totaling approximately 3,841
acres generally depicted on 2 maps entitled ``Priority Land
Adjustments, State of Georgia, U.S. Forest Service-Southern
Region, Oconee and Chattahoochee National Forests, U.S.
Congressional Districts-8, 9, 10 & 14'' and dated September 24,
2013.
(2) Inspection of maps.--The maps described in paragraph
(1) shall be on file and available for public inspection in the
Office of the Forest Supervisor, Chattahoochee-Oconee National
Forest, until the land is sold or exchanged under subsection
(a).
(3) Modification of boundaries.--The Secretary may modify
the boundaries of the land described in paragraph (1) based on
land management considerations.
(c) Form of Conveyance.--
(1) Quitclaim deed.--The Secretary shall convey land sold
or exchanged under subsection (a) by quitclaim deed.
(2) Reservations.--The Secretary may reserve any right-of-
way or other right or interest in land sold or exchanged under
subsection (a) that the Secretary considers necessary--
(A) for management purposes; or
(B) to protect the public interest.
(d) Valuation.--
(1) Market value.--The Secretary may not sell or exchange
land under subsection (a) for less than market value, as
determined by appraisal or through a competitive bidding
process.
(2) Appraisal requirements.--An appraisal under paragraph
(1) shall be--
(A) consistent with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; or
(ii) the Uniform Standards of Professional
Appraisal Practice; and
(B) subject to the approval of the Secretary.
(e) Consideration.--
(1) Cash.--Consideration for a sale of land or equalization
of an exchange under subsection (a) shall be paid in cash.
(2) Exchange.--Notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)), the Secretary may accept a cash equalization payment
in excess of 25 percent of the value of land exchanged under
subsection (a).
(f) Method of Sale.--
(1) Options.--The Secretary may sell land under subsection
(a) at public or private sale, including competitive sale by
auction, bid, or otherwise, in accordance with any terms,
conditions, or procedures the Secretary determines are in the
best interest of the United States.
(2) Solicitations.--The Secretary may--
(A) make public or private solicitations for the
sale or exchange of land under subsection (a); and
(B) reject any offer that the Secretary determines
is not--
(i) adequate; or
(ii) in the public interest.
(g) Brokers.--The Secretary may--
(1) use a broker or other third party in the sale or
exchange of land under subsection (a); and
(2) from the proceeds of a sale or exchange of land under
subsection (a), pay reasonable commissions or fees, if
applicable.
SEC. 605. TREATMENT OF PROCEEDS.
(a) Deposit.--Except as provided in section 604(g)(2), the
Secretary shall deposit the proceeds or cash equalization payment of a
sale or exchange under section 604(a) in the fund established under
Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C.
484a).
(b) Availability and Use.--Subject to subsection (c), amounts
deposited under subsection (a) shall be available to the Secretary
until expended, without further appropriation, only for the acquisition
of land in the State of Georgia for the National Forest System.
(c) Private Property Protection.--Nothing in this title authorizes
the use of amounts deposited under subsection (a) to be used to acquire
land without the written consent of the owner of the land.
Calendar No. 634
114th CONGRESS
2d Session
H. R. 2647
_______________________________________________________________________
AN ACT
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.
_______________________________________________________________________
September 19, 2016
Reported with an amendment