[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5860 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 5860
To make a categorical exclusion available to the Secretary of
Agriculture and the Secretary of the Interior to develop and carry out
a forest management activity on Federal lands to address insect or
disease infestation declared as an emergency in a State by the Governor
of such State, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
July 14, 2016
Mr. McClintock (for himself, Mr. Westerman, Mr. Cook, Mr. Gosar, Mr.
LaMalfa, Mr. Knight, Mr. Denham, Mr. Valadao, Mrs. Lummis, Mr. Nunes,
Mr. Newhouse, Mr. Tipton, and Mr. McCarthy) introduced the following
bill; which was referred to the Committee on Agriculture, and in
addition to the Committee on Natural Resources, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
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A BILL
To make a categorical exclusion available to the Secretary of
Agriculture and the Secretary of the Interior to develop and carry out
a forest management activity on Federal lands to address insect or
disease infestation declared as an emergency in a State by the Governor
of such State, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Forest Restoration Act''.
SEC. 2. CATEGORICAL EXCLUSION TO ADDRESS A DECLARED EMERGENCY.
(a) Authority To Conduct Forest Management Activity.--The Secretary
concerned may develop and carry out a forest management activity on
National Forest System lands or public lands in a State when the
primary purpose of the forest management activity is to address a
declared emergency.
(b) Availability of Categorical Exclusion.--Except as provided in
section 4, a categorical exclusion is available to the Secretary
concerned to develop and carry out a forest management activity
described in subsection (a).
(c) Authorization of Appropriations.--For purposes of this section,
there is authorized to be appropriated to the Secretary concerned
$300,000,000 for each of fiscal years 2017 through 2024.
SEC. 3. USE OF TIMBER SALE REVENUES TO OFFSET FUNDS APPROPRIATED TO
ADDRESS A DECLARED EMERGENCY.
(a) Timber Sales Required.--
(1) Identification of amounts appropriated.--For fiscal
year 2018 and each fiscal year thereafter, the Secretary of
Agriculture shall identify the amount of funds, if any,
appropriated in the prior fiscal year pursuant to the
authorization of appropriations in section 2(c).
(2) Sales.--Not later than 5 years after the end of the
fiscal year in which an identification is made under paragraph
(1), the Secretary of Agriculture shall sell (in the manner
provided for under section 14 of the National Forest Management
Act of 1976 (16 U.S.C. 472a)) an amount of timber the sale of
which is sufficient to recoup the amount identified under
paragraph (1) and any costs associated with such sale.
(3) Proceeds.--Proceeds from the sale of timber described
under paragraph (2) shall be deposited as follows:
(A) An amount equal to the appropriated amount
identified under paragraph (1) shall be deposited in
the general fund of the Treasury of the United States
as miscellaneous receipts.
(B) An amount equal to the costs associated with
the sale shall be deposited in a designated fund from
which sums are to be used, to cover the cost to the
United States for design, engineering, and supervision
of the construction of needed roads and the cost for
Forest Service sale preparation and supervision of the
harvesting of such timber.
(C) Any amounts not described under subparagraph
(A) or (B) shall be deposited in the general fund of
the Treasury of the United States as miscellaneous
receipts.
(b) Categorical Exclusion.--Except as provided in section 4, a
categorical exclusion is available to the Secretary of Agriculture for
timber sales conducted pursuant to subsection (a).
SEC. 4. LIMITATION OF CATEGORICAL EXCLUSION.
A categorical exclusion under this Act may not be used on National
Forest System lands or public lands--
(1) that are included in the National Wilderness
Preservation System;
(2) that are located within an inventoried roadless area
unless the reforestation activity is consistent with the forest
plan applicable to the area; or
(3) on which timber harvesting for any purpose is
prohibited by statute.
SEC. 5. DEFINITIONS.
In this Act:
(1) Categorical exclusion.--The term ``categorical
exclusion'' means 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 that would
otherwise be considered a major Federal action.
(2) Declared emergency.--The term ``declared emergency''
means an insect or disease infestation in a State that has been
declared an emergency by the Governor of such State.
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
National Forest System lands; or
(B) the Secretary of the Interior, with respect to
public lands.
(4) State.--The term ``State'' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any other territory or possession of the United
States.
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