II 

113TH CONGRESS 

2D SESSION S. 1966 

To provide for the restoration of the economic and ecological health of 

National Forest System land and rural communities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 28, 2014 

Mr. BARRASSO introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for the restoration of the economic and ecological 

health of National Forest System land and rural communities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘National Forest Jobs and Management Act of 2014’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

Sec. 3. Definitions. 

Sec. 4. Projects in Forest Management Emphasis Areas. 

Sec. 5. Administrative review; arbitration. 


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Sec. 6. Distribution of revenue. 

Sec. 7. Performance measures; reporting. 

Sec. 8. Termination. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are— 

3 (1) to create a predictable wood supply from 

4 National Forest System land that can be harvested, 

5 processed, and sold as wood products— 

6 (A) to preserve and create jobs; 

7 (B) to generate revenue to be shared with 

8 counties; and 

9 (C) to strengthen rural economies; 

10 (2) to reduce the uncertainty and costs to the 

11 Forest Service of planning and implementing timber 

12 management, forest restoration, and community 

13 wildfire protection projects on National Forest Sys14 tem land; and 

15 (3) to promote the use of timber harvest as a 

16 method to achieve forest management goals on a 

17 portion of non-reserved National Forest System 

18 land. 

19 SEC. 3. DEFINITIONS. 

20 In this Act: 

21 (1) COVERED PROJECT.—The term ‘‘covered 

22 project’’ means a project that involves the manage23 ment or sale of national forest material within a 

24 Forest Management Emphasis Area. 


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1 (2) FOREST MANAGEMENT EMPHASIS AREA.— 

2 (A) IN GENERAL.—The term ‘‘Forest 

3 Management Emphasis Area’’ means National 

4 Forest System land identified as suitable for 

5 timber production in a forest management plan 

6 in effect on the date of enactment of this Act. 

7 (B) EXCLUSIONS.—The term ‘‘Forest 

8 Management Emphasis Area’’ does not include 

9 National Forest System land— 

10 (i) that is a component of the Na11 tional Wilderness Preservation System; or 

12 (ii) on which removal of vegetation is 

13 specifically prohibited by Federal law. 

14 (3) NATIONAL FOREST MATERIAL.—The term 

15 ‘‘national forest material’’ means trees, portions of 

16 trees, or forest products, with an emphasis on 

17 sawtimber and pulpwood, derived from National 

18 Forest System land. 

19 (4) NATIONAL FOREST SYSTEM.— 

20 (A) IN GENERAL.—The term ‘‘National 

21 Forest System’’ has the meaning given the term 

22 in section 11(a) of the Forest and Rangeland 

23 Renewable Resources Planning Act of 1974 (16 

24 U.S.C. 1609(a)). 


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1 (B) EXCLUSION.—The term ‘‘National 

2 Forest System’’ does not include— 

3 (i) the national grasslands and land 

4 utilization projects administered under title 

5 III of the Bankhead-Jones Farm Tenant 

6 Act (7 U.S.C. 1010 et seq.); or 

7 (ii) National Forest System land east 

8 of the 100th meridian. 

9 (5) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of Agriculture. 

11 SEC. 4. PROJECTS IN FOREST MANAGEMENT EMPHASIS 

12 AREAS. 

13 (a) CONDUCT OF COVERED PROJECTS WITHIN FOR14 EST MANAGEMENT EMPHASIS AREAS.— 

15 (1) IN GENERAL.—The Secretary may conduct 

16 covered projects in Forest Management Emphasis 

17 Areas, subject to paragraphs (2) through (4). 

18 (2) DESIGNATING TIMBER FOR CUTTING.— 

19 (A) IN GENERAL.—Notwithstanding sec20 tion 14(g) of the National Forest Management 

21 Act of 1976 (16 U.S.C. 472a(g)), the Secretary 

22 may use designation by prescription or designa23 tion by description in conducting covered 

24 projects under this Act. 


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1 (B) REQUIREMENT.—The designation 

2 methods authorized under subparagraph (A) 

3 shall be used in a manner that ensures that the 

4 quantity of national forest material that is re5 moved from the Forest Management Emphasis 

6 Area is verifiable and accountable. 

7 (3) CONTRACTING METHODS.— 

8 (A) IN GENERAL.—Timber sale contracts 

9 under section 14 of the National Forest Man10 agement Act of 1976 (16 U.S.C. 472a) shall be 

11 the primary means of carrying out covered 

12 projects under this Act. 

13 (B) RECORD.—If the Secretary does not 

14 use a timber sale contract under section 14 of 

15 the National Forest Management Act of 1976 

16 (16 U.S.C. 472a) to carry out a covered project 

17 under this Act, the Secretary shall provide a 

18 written record specifying the reasons that dif19 ferent contracting methods were used. 

20 (4) ACREAGE TREATMENT REQUIREMENTS.— 

21 (A) TOTAL ACREAGE REQUIREMENTS.— 

22 The Secretary shall identify, prioritize, and 

23 carry out covered projects in Forest Manage24 ment Emphasis Areas that mechanically treat a 

25 total of at least 7,500,000 acres in the Forest 


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1 Management Emphasis Areas during the 15- 

2 year period beginning on the date that is 60 

3 days after the date on which the Secretary as4 signs the acreage treatment requirements under 

5 subparagraph (B). 

6 (B) ASSIGNMENT OF ACREAGE TREAT7 MENT REQUIREMENTS TO INDIVIDUAL UNITS

8 OF THE NATIONAL FOREST SYSTEM.— 

9 (i) IN GENERAL.—Not later than 60 

10 days after the date of enactment of this 

11 Act and subject to clause (ii), the Sec12 retary, in the sole discretion of the Sec13 retary, shall assign the acreage treatment 

14 requirements that shall apply to the Forest 

15 Management Emphasis Areas of each unit 

16 of the National Forest System. 

17 (ii) LIMITATION.—Notwithstanding 

18 clause (i), the acreage treatment require19 ments assigned to a specific unit of the 

20 National Forest System under that clause 

21 may not apply to more than 25 percent of 

22 the acreage to be treated in any unit of the 

23 National Forest System in a Forest Man24 agement Emphasis Area during the 15- 

25 year period described in subparagraph (A). 


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1 (b) ENVIRONMENTAL ANALYSIS AND PUBLIC RE2 VIEW PROCESS FOR COVERED PROJECTS IN FOREST

3 MANAGEMENT EMPHASIS AREAS.— 

4 (1) ENVIRONMENTAL ASSESSMENT.—The Sec5 retary shall comply with the National Environmental 

6 Policy Act of 1969 (42 U.S.C. 4321 et seq.) by com7 pleting an environmental assessment that assesses 

8 the direct environmental effects of each covered 

9 project proposed to be conducted within a Forest 

10 Management Emphasis Area, except that the Sec11 retary shall not be required to study, develop, or de12 scribe more than the proposed agency action and 1 

13 alternative to the proposed agency action for pur14 poses of that Act. 

15 (2) PUBLIC NOTICE AND COMMENT.—In pre16 paring an environmental assessment for a covered 

17 project under paragraph (1), the Secretary shall pro18 vide— 

19 (A) public notice of the covered project; 

20 and 

21 (B) an opportunity for public comment on 

22 the covered project. 

23 (3) LENGTH.—The environmental assessment 

24 prepared for a covered project under paragraph (1) 

25 shall not exceed 100 pages in length. 


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1 (4) INCLUSION OF CERTAIN DOCUMENTS.—The 

2 Secretary may incorporate, by reference, into an en3 vironmental assessment any documents that the Sec4 retary, in the sole discretion of the Secretary, deter5 mines are relevant to the assessment of the environ6 mental effects of the covered project. 

7 (5) DEADLINE FOR COMPLETION.—Not later 

8 than 180 days after the date on which the Secretary 

9 has published notice of a covered project in accord10 ance with paragraph (2), the Secretary shall com11 plete the environmental assessment for the covered 

12 project. 

13 (c) COMPLIANCE WITH ENDANGERED SPECIES

14 ACT.—To comply with the Endangered Species Act of 

15 1973 (16 U.S.C. 1531 et seq.), the Secretary shall use 

16 qualified professionals on the staff of the Forest Service 

17 to make determinations required under section 7 of that 

18 Act (16 U.S.C. 1536). 

19 (d) LIMITATION ON REVISION OF NATIONAL FOREST

20 PLANS.—The Secretary may not, during a revision of a 

21 forest plan under section 6 of the Forest and Rangeland 

22 Renewable Resources Planning Act of 1974 (16 U.S.C. 

23 1604), reduce the acres designated as suitable for timber 

24 harvest under a covered project, unless the Secretary de25 termines, in consultation with the Secretary of the InteVerDate Mar 15 2010 03:16 Jan 31, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1966.IS S1966

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1 rior, that the reduction in acreage is necessary to prevent 

2 a jeopardy finding under section 7(b) of the Endangered 

3 Species Act of 1973 (16 U.S.C. 1536(b)). 

4 SEC. 5. ADMINISTRATIVE REVIEW; ARBITRATION. 

5 (a) ADMINISTRATIVE REVIEW.—Administrative re6 view of a covered project shall occur only in accordance 

7 with the special administrative review process established 

8 by section 105 of the Healthy Forests Restoration Act of 

9 2003 (16 U.S.C. 6515). 

10 (b) ARBITRATION.— 

11 (1) IN GENERAL.—There is established in the 

12 Department of Agriculture a pilot program that— 

13 (A) authorizes the use of arbitration in14 stead of judicial review of a decision made fol15 lowing the special administrative review process 

16 for a covered project described in subsection 

17 (a); and 

18 (B) shall be the sole means to challenge a 

19 covered project in a Forest Management Em20 phasis Area during the 15-year period begin21 ning on the date that is 60 days after the date 

22 on which the Secretary assigns the acreage 

23 treatment requirements under section 

24 4(a)(4)(B). 

25 (2) ARBITRATION PROCESS PROCEDURES.— 


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1 (A) IN GENERAL.—Any person who sought 

2 administrative review for a covered project in 

3 accordance with subsection (a) and who is not 

4 satisfied with the decision made under the ad5 ministrative review process may file a demand 

6 for arbitration in accordance with— 

7 (i) chapter 1 of title 9, United States 

8 Code; and 

9 (ii) this paragraph. 

10 (B) REQUIREMENTS FOR DEMAND.—A de11 mand for arbitration under subparagraph (A) 

12 shall— 

13 (i) be filed not more than 30 days 

14 after the date on which the special admin15 istrative review decision is issued under 

16 subsection (a); and 

17 (ii) include a proposal containing the 

18 modifications sought to the covered 

19 project. 

20 (C) INTERVENING PARTIES.— 

21 (i) DEADLINE FOR SUBMISSION; RE22 QUIREMENTS.—Any person that submitted 

23 a public comment on the covered project 

24 subject to the demand for arbitration may 

25 intervene in the arbitration under this subVerDate Mar 15 2010 03:16 Jan 31, 2014 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1966.IS S1966

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1 section by submitting a proposal endorsing 

2 or modifying the covered project by the 

3 date that is 30 days after the date on 

4 which the demand for arbitration is filed 

5 under subparagraph (A). 

6 (ii) MULTIPLE PARTIES.—Multiple ob7 jectors or intervening parties that meet the 

8 requirements of clause (i) may submit a 

9 joint proposal under that clause. 

10 (D) APPOINTMENT OF ARBITRATOR.—The 

11 United States District Court in the district in 

12 which a covered project subject to a demand for 

13 arbitration filed under subparagraph (A) is lo14 cated shall appoint an arbitrator to conduct the 

15 arbitration proceedings in accordance with this 

16 subsection. 

17 (E) SELECTION OF PROPOSALS.— 

18 (i) IN GENERAL.—An arbitrator ap19 pointed under subparagraph (D)— 

20 (I) may not modify any of the 

21 proposals submitted under this para22 graph; and 

23 (II) shall select to be con24 ducted— 


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1 (aa) a proposal submitted by 

2 an objector under subparagraph 

3 (B)(ii) or an intervening party 

4 under subparagraph (C); or 

5 (bb) the covered project, as 

6 approved by the Secretary. 

7 (ii) SELECTION CRITERIA.—An arbi8 trator shall select the proposal that best 

9 meets the purpose and needs described in 

10 the environmental assessment conducted 

11 under section 4(b)(1) for the covered 

12 project. 

13 (iii) EFFECT.—The decision of an ar14 bitrator with respect to a selection under 

15 clause (i)(II)— 

16 (I) shall not be considered a 

17 major Federal action; 

18 (II) shall be binding; and 

19 (III) shall not be subject to judi20 cial review. 

21 (F) DEADLINE FOR COMPLETION.—Not 

22 later than 90 days after the date on which a de23 mand for arbitration is filed under subpara24 graph (A), the arbitration process shall be com25 pleted. 


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1 SEC. 6. DISTRIBUTION OF REVENUE. 

2 (a) PAYMENTS TO COUNTIES.— 

3 (1) IN GENERAL.—Effective for fiscal year 

4 2015 and each fiscal year thereafter until the termi5 nation date under section 8, the Secretary shall pro6 vide to each county in which a covered project is car7 ried out annual payments in an amount equal to 25 

8 percent of the amounts received for the applicable 

9 fiscal year by the Secretary from the covered project. 

10 (2) LIMITATION.—A payment made under para11 graph (1) shall be in addition to any payments the 

12 county receives under the payment to States re13 quired by the sixth paragraph under the heading 

14 ‘‘FOREST SERVICE’’ in the Act of May 23, 1908 (35 

15 Stat. 260; 16 U.S.C. 500), and section 13 of the Act 

16 of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500). 

17 (b) DEPOSIT IN KNUTSON-VANDENBERG AND SAL18 VAGE SALE FUNDS.—After compliance with subsection 

19 (a), the Secretary shall use amounts received by the Sec20 retary from covered projects during each of the fiscal 

21 years during the period described in subsection (a) to 

22 make deposits into the fund established under section 3 

23 of the Act of June 9, 1930 (commonly known as the 

24 ‘‘Knutson-Vandenberg Act’’) (16 U.S.C. 576b) and the 

25 fund established under section 14(h) of the National For26 est Management Act of 1976 (16 U.S.C. 472a(h)) in conVerDate Mar 15 2010 03:16 Jan 31, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1966.IS S1966

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1 tributions equal to the amounts otherwise collected under 

2 those Acts for projects conducted on National Forest Sys3 tem land. 

4 (c) DEPOSIT IN GENERAL FUND OF THE TREAS5 URY.—After compliance with subsections (a) and (b), the 

6 Secretary shall deposit into the general fund of the Treas7 ury any remaining amounts received by the Secretary for 

8 each of the fiscal years referred to in those subsections 

9 from covered projects. 

10 SEC. 7. PERFORMANCE MEASURES; REPORTING. 

11 (a) PERFORMANCE MEASURES.—The Secretary shall 

12 develop performance measures that evaluate the degree to 

13 which the Secretary is achieving— 

14 (1) the purposes of this Act; and 

15 (2) the minimum acreage requirements estab16 lished under section 4(a)(4). 

17 (b) ANNUAL REPORTS.—Annually, the Secretary 

18 shall submit to the Committee on Energy and Natural Re19 sources of the Senate and the Committee on Natural Re20 sources of the House of Representatives— 

21 (1) a report that describes the results of evalua22 tions using the performance measures developed 

23 under subsection (a); and 

24 (2) a report that describes— 


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1 (A) the number and substance of the cov2 ered projects that are subject to administrative 

3 review and arbitration under section 5; and 

4 (B) the outcomes of the administrative re5 view and arbitration under that section. 

6 SEC. 8. TERMINATION. 

7 The authority of this Act terminates on the date that 

8 is 15 years after the date of enactment of this Act. 

Æ 


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