II 

115TH CONGRESS 

1ST SESSION S. 2068 

To discourage litigation against the Forest Service and the Bureau of Land 

Management relating to land management projects, to require the Secretary of the Interior to develop a categorical exclusion for covered 

vegetative management activities carried out to establish or improve 

habitat for greater sage-grouse and mule deer, to address the forest 

health crisis on National Forest System land, to expedite and prioritize 

forest management activities to achieve ecosystem restoration objectives, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2017 

Mr. BARRASSO (for himself, Mr. HATCH, Mr. THUNE, and Mr. DAINES) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To discourage litigation against the Forest Service and the 

Bureau of Land Management relating to land management projects, to require the Secretary of the Interior 

to develop a categorical exclusion for covered vegetative 

management activities carried out to establish or improve 

habitat for greater sage-grouse and mule deer, to address 

the forest health crisis on National Forest System land, 

to expedite and prioritize forest management activities 

to achieve ecosystem restoration objectives, and for other 

purposes. 


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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 ‘‘Wildfire Prevention and Mitigation Act of 2017’’. 

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. Definition of Secretary. 

TITLE I—LITIGATION RELIEF FOR FOREST MANAGEMENT 

PROJECTS 

Sec. 101. Forest and Rangeland Renewable Resources Planning Act of 1974. 

Sec. 102. Federal Land Policy and Management Act of 1976. 

TITLE II—SAGE-GROUSE AND MULE DEER HABITAT 

CONSERVATION AND RESTORATION 

Sec. 201. Definitions. 

Sec. 202. Improvement of habitat for greater sage-grouse and mule deer. 

TITLE III—FOREST HABITAT AND ECOSYSTEM IMPROVEMENT 

Sec. 301. Definitions. 

Subtitle A—General Provisions 

Sec. 311. Environmental assessments. 

Sec. 312. Good neighbor authority. 

Sec. 313. Stewardship end result contracting projects. 

Sec. 314. Pilot alternative dispute process. 

Subtitle B—Ecosystem Restoration 

Sec. 321. Definitions. 

Sec. 322. Ecosystem restoration projects. 

Sec. 323. National restoration treatment acreage. 

Sec. 324. Performance measures; annual reports. 

Subtitle C—Categorical Exclusions 

Sec. 331. Definitions. 

Sec. 332. Categorical exclusion to expedite certain critical response actions. 

Sec. 333. Categorical exclusion to meet forest plan goals for early seral and 

early successional forests. 

Sec. 334. Categorical exclusion to improve wildlife habitats. 

Sec. 335. Categorical exclusion to thin forests. 

Sec. 336. Expansion of categorical exclusion for insect and disease infestation. 


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1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Agriculture, acting through the Chief of the For4 est Service. 

5 TITLE I—LITIGATION RELIEF 

6 FOR FOREST MANAGEMENT 

7 PROJECTS 

8 SEC. 101. FOREST AND RANGELAND RENEWABLE RE9 SOURCES PLANNING ACT OF 1974. 

10 (a) CONSULTATION REGARDING LAND MANAGEMENT

11 PLANS.—Section 6(d) of the Forest and Rangeland Re12 newable Resources Planning Act of 1974 (16 U.S.C. 

13 1604(d)) is amended— 

14 (1) by striking ‘‘(d) The Secretary’’ and insert15 ing the following: 

16 ‘‘(d) PUBLIC PARTICIPATION AND CONSULTATION.— 

17 ‘‘(1) IN GENERAL.—The Secretary’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(2) NO ADDITIONAL CONSULTATION RE20 QUIRED AFTER APPROVAL OF LAND MANAGEMENT

21 PLANS.— 

22 ‘‘(A) IN GENERAL.—Notwithstanding any 

23 other provision of law, the Secretary shall not 

24 be required to engage in consultation under this 

25 subsection or any other provision of law (includ26 ing section 7 of Public Law 93–205 (16 U.S.C. 


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1 1536) and section 402.16 of title 50, Code of 

2 Federal Regulations (or a successor regulation)) 

3 with respect to— 

4 ‘‘(i) the listing of a species as threat5 ened or endangered, or a designation of 

6 critical habitat pursuant to Public Law 

7 93–205 (16 U.S.C. 1531 et seq.), if a land 

8 management plan has been adopted by the 

9 Secretary as of the date of listing or des10 ignation; or 

11 ‘‘(ii) any provision of a land manage12 ment plan adopted as described in clause 

13 (i). 

14 ‘‘(B) EFFECT OF PARAGRAPH.—Nothing 

15 in this paragraph affects any applicable require16 ment of the Secretary to consult with the head 

17 of any other Federal department or agency— 

18 ‘‘(i) regarding any project to imple19 ment a land management plan, including a 

20 project carried out, or proposed to be car21 ried out, in an area designated as critical 

22 habitat pursuant to Public Law 93–205 

23 (16 U.S.C. 1531 et seq.); or 

24 ‘‘(ii) with respect to the development 

25 of a modification to a land management 


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1 plan that would result in a significant 

2 change (within the meaning of subsection 

3 (f)(4)) in the land management plan.’’. 

4 (b) DEFINITION OF SECRETARY; CONFORMING

5 AMENDMENTS.— 

6 (1) DEFINITION OF SECRETARY.—Section 3(a) 

7 of the Forest and Rangeland Renewable Resources 

8 Planning Act of 1974 (16 U.S.C. 1601(a)) is 

9 amended, in the first sentence of the matter pre10 ceding paragraph (1), by inserting ‘‘(referred to in 

11 this Act as the ‘Secretary’)’’ after ‘‘Secretary of Ag12 riculture’’. 

13 (2) CONFORMING AMENDMENTS.—The Forest 

14 and Rangeland Renewable Resources Planning Act 

15 of 1974 (16 U.S.C. 1600 et seq.) is amended, in sec16 tions 4 through 9, 12, 13, and 15, by striking ‘‘Sec17 retary of Agriculture’’ each place it appears and in18 serting ‘‘Secretary’’. 

19 SEC. 102. FEDERAL LAND POLICY AND MANAGEMENT ACT 

20 OF 1976. 

21 Section 202(f) of the Federal Land Policy and Man22 agement Act of 1976 (43 U.S.C. 1712(f)) is amended— 

23 (1) by striking ‘‘(f) The Secretary’’ and insert24 ing the following: 

25 ‘‘(f) PUBLIC INVOLVEMENT.— 


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1 ‘‘(1) IN GENERAL.—The Secretary’’; and 

2 (2) by adding at the end the following: 

3 ‘‘(2) NO ADDITIONAL CONSULTATION RE4 QUIRED AFTER APPROVAL OF LAND USE PLANS.— 

5 ‘‘(A) IN GENERAL.—Notwithstanding any 

6 other provision of law, the Secretary shall not 

7 be required to engage in consultation under this 

8 subsection or any other provision of law (includ9 ing section 7 of Public Law 93–205 (16 U.S.C. 

10 1536) and section 402.16 of title 50, Code of 

11 Federal Regulations (or a successor regula12 tion)), with respect to— 

13 ‘‘(i) the listing of a species as threat14 ened or endangered, or a designation of 

15 critical habitat, pursuant to Public Law 

16 93–205 (16 U.S.C. 1531 et seq.), if a land 

17 use plan has been adopted by the Sec18 retary as of the date of listing or designa19 tion; or 

20 ‘‘(ii) any provision of a land use plan 

21 adopted as described in clause (i). 

22 ‘‘(B) EFFECT OF PARAGRAPH.— 

23 ‘‘(i) DEFINITION OF SIGNIFICANT

24 CHANGE.—In this subparagraph, the term 

25 ‘significant change’ means a significant 


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1 change within the meaning of section 

2 219.13(b)(3) of title 36, Code of Federal 

3 Regulations (as in effect on the date of en4 actment of this subparagraph), except 

5 that— 

6 ‘‘(I) any reference contained in 

7 that section to a land management 

8 plan shall be deemed to be a reference 

9 to a land use plan; 

10 ‘‘(II) any reference contained in 

11 that section to the Forest Service 

12 shall be deemed to be a reference to 

13 the Bureau of Land Management; and 

14 ‘‘(III) any reference contained in 

15 that section to the National Forest 

16 Management Act of 1976 (Public Law 

17 94–588; 90 Stat. 2949) shall be 

18 deemed to be a reference to this Act. 

19 ‘‘(ii) EFFECT.—Nothing in this para20 graph affects any applicable requirement of 

21 the Secretary to consult with the head of 

22 any other Federal department or agency— 

23 ‘‘(I) regarding a project carried 

24 out, or proposed to be carried out, 

25 with respect to a species listed as 


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1 threatened or endangered, or in an 

2 area designated as critical habitat, 

3 pursuant to Public Law 93–205 (16 

4 U.S.C. 1531 et seq.); or 

5 ‘‘(II) with respect to the develop6 ment of a new land use plan or the re7 vision of or other significant change to 

8 an existing land use plan.’’. 

9 TITLE II—SAGE-GROUSE AND 

10 MULE DEER HABITAT CON11 SERVATION AND RESTORA12 TION 

13 SEC. 201. DEFINITIONS. 

14 In this title: 

15 (1) COVERED VEGETATION MANAGEMENT AC16 TIVITY.— 

17 (A) IN GENERAL.—The term ‘‘covered 

18 vegetation management activity’’ means any ac19 tivity described in subparagraph (B) that— 

20 (i) meets the objectives of the order of 

21 the Secretary numbered 3336 and dated 

22 January 5, 2015; 

23 (ii) conforms to an applicable land use 

24 plan; 


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1 (iii) protects, restores, or improves 

2 greater sage-grouse or mule deer habitat; 

3 (iv) will not permanently impair— 

4 (I) the natural state of the treat5 ed area; 

6 (II) outstanding opportunities for 

7 solitude; 

8 (III) outstanding opportunities 

9 for primitive, unconfined recreation; 

10 (IV) economic opportunities con11 sistent with multiple-use management; 

12 or 

13 (V) the identified values of a unit 

14 of the National Landscape Conserva15 tion System; and 

16 (v)(I) restores native vegetation fol17 lowing a natural disturbance; 

18 (II) prevents the expansion into great19 er sage-grouse or mule deer habitat of— 

20 (aa) juniper, pin ̃on pine, or any 

21 other conifer; or 

22 (bb) nonnative or invasive vegeta23 tion; 

24 (III) reduces the risk of loss of great25 er sage-grouse or mule deer habitat from 


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1 wildfire or any other natural disturbance; 

2 or 

3 (IV) provides emergency stabilization 

4 of soil resources after a natural disturb5 ance. 

6 (B) DESCRIPTION OF ACTIVITIES.—An ac7 tivity referred to in subparagraph (A) is— 

8 (i) manual cutting and removal of ju9 niper trees, pin ̃on pine trees, other coni10 fers, or other nonnative or invasive vegeta11 tion; 

12 (ii) mechanical mastication, cutting, 

13 or mowing, mechanical piling and burning, 

14 chaining, broadcast burning, or yarding; 

15 (iii) removal of cheat grass, medusa 

16 head rye, other nonnative vegetation, or an 

17 invasive species; 

18 (iv) collection and seeding or planting 

19 of native vegetation using a manual, me20 chanical, or aerial method; 

21 (v) seeding of nonnative vegetation 

22 only for the purpose of emergency sta23 bilization; 

24 (vi) use of an herbicide, pesticide, or 

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1 dition that the use shall be in accordance 

2 with applicable legal requirements, Federal 

3 agency procedures, and land use plans; 

4 (vii) targeted livestock grazing to 

5 mitigate hazardous fuels and control nox6 ious and invasive weeds; 

7 (viii) temporary removal of wild 

8 horses or burros in the area in which the 

9 activity is being carried out to ensure 

10 treatment objectives are met; 

11 (ix) modification or adjustment of 

12 permissible usage under an annual plan of 

13 use of a grazing permit issued by the Sec14 retary, in coordination with the affected 

15 permit holder, to achieve restoration treat16 ment objectives; 

17 (x) installation of new, or modification 

18 of existing, fencing or water sources in19 tended to control use or improve wildlife 

20 habitat; or 

21 (xi) construction of temporary roads. 

22 (C) EXCLUSIONS.—The term ‘‘covered 

23 vegetation management activity’’ does not in24 clude— 


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1 (i) any activity conducted in a wilder2 ness area or wilderness study area; or 

3 (ii) any activity for the construction of 

4 a permanent road or permanent trail. 

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

6 the Secretary of the Interior. 

7 (3) TEMPORARY ROAD.—The term ‘‘temporary 

8 road’’ means a road that is— 

9 (A) authorized— 

10 (i) by a contract, permit, lease, other 

11 written authorization; or 

12 (ii) pursuant to an emergency oper13 ation; 

14 (B) not intended to be part of the perma15 nent transportation system of a Federal depart16 ment or agency; 

17 (C) not necessary for long-term resource 

18 management; and 

19 (D) designed in accordance with standards 

20 appropriate for the intended use of the road, 

21 taking into consideration— 

22 (i) safety; 

23 (ii) the cost of transportation; and 

24 (iii) impacts to land and resources. 


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1 SEC. 202. IMPROVEMENT OF HABITAT FOR GREATER SAGE2 GROUSE AND MULE DEER. 

3 (a) CATEGORICAL EXCLUSION.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of the enactment of this Act, the Secretary 

6 shall develop one or more categorical exclusions (as 

7 defined in section 1508.4 of title 40, Code of Fed8 eral Regulations (or a successor regulation)) for cov9 ered vegetative management activities carried out to 

10 establish or improve habitat for greater sage-grouse 

11 and mule deer. 

12 (2) ADMINISTRATION.—In developing and ad13 ministering a categorical exclusion under paragraph 

14 (1), the Secretary shall— 

15 (A) be consistent with the National Envi16 ronmental Policy Act of 1969 (42 U.S.C. 4321 

17 et seq.); 

18 (B) apply the extraordinary circumstances 

19 procedures under section 220.6 of title 36, Code 

20 of Federal Regulations (or a successor regula21 tion), in determining whether to use the cat22 egorical exclusion; and 

23 (C) consider— 

24 (i) the relative efficacy of landscape25 scale habitat projects; 


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1 (ii) the likelihood of continued de2 clines in the populations of greater sage3 grouse and mule deer in the absence of 

4 landscape-scale vegetation management; 

5 and 

6 (iii) the need for habitat restoration 

7 activities after wildfire or other natural 

8 disturbances. 

9 (b) LONG-TERM MONITORING AND MAINTENANCE.— 

10 Before commencing any covered vegetative management 

11 activity that is covered by a categorical exclusion under 

12 subsection (a), the Secretary shall develop a long-term 

13 monitoring and maintenance plan, covering at least the 

14 20-year period beginning on the date of commencement, 

15 to ensure that management of the treated area does not 

16 degrade the habitat gains secured by the covered vegeta17 tive management activity. 

18 (c) DISPOSAL OF VEGETATIVE MATERIAL.—Subject 

19 to applicable local restrictions, any vegetative material re20 sulting from a covered vegetation management activity 

21 that is covered by a categorical exclusion under subsection 

22 (a) may be— 

23 (1) used for— 

24 (A) fuel wood; or 

25 (B) other products; or 


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1 (2) piled or burned, or both. 

2 (d) TREATMENT FOR TEMPORARY ROADS.— 

3 (1) IN GENERAL.—A temporary road con4 structed in connection with a covered vegetation 

5 management activity that is a categorical exclusion 

6 under subsection (a) shall be treated to ensure the 

7 reestablishment of native vegetative cover by artifi8 cial or natural means, as necessary to minimize ero9 sion from any area disturbed by the construction or 

10 use of the temporary road. 

11 (2) REQUIREMENT.—A treatment under para12 graph (1) shall be designed to reestablish vegetative 

13 cover— 

14 (A) as soon as practicable; but 

15 (B) not later than 10 years after the date 

16 of completion of the applicable covered vegeta17 tion management activity. 

18 TITLE III—FOREST HABITAT 

19 AND ECOSYSTEM IMPROVEMENT 

20 SEC. 301. DEFINITIONS. 

21 In this title: 

22 (1) FOREST PLAN.—The term ‘‘forest plan’’ 

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1 tion 6 of the Forest and Rangeland Renewable Re2 sources Planning Act of 1974 (16 U.S.C. 1604). 

3 (2) NATIONAL FOREST SYSTEM.— 

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

5 Forest System’’ has the meaning given the term 

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

7 Renewable Resources Planning Act of 1974 (16 

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

9 (B) EXCLUSION.—The term ‘‘National 

10 Forest System’’ does not include— 

11 (i) any forest reserve not created from 

12 the public domain; or 

13 (ii) any national grassland or land uti14 lization project administered under title III 

15 of the Bankhead-Jones Farm Tenant Act 

16 (7 U.S.C. 1010 et seq.). 

17 Subtitle A—General Provisions 

18 SEC. 311. ENVIRONMENTAL ASSESSMENTS. 

19 (a) APPLICABILITY OF NATIONAL ENVIRONMENTAL

20 POLICY ACT OF 1969.—The Secretary shall prepare an 

21 environmental assessment in accordance with the National 

22 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

23 seq.) for each project under this title. 

24 (b) PUBLIC NOTICE AND COMMENT.—In preparing 

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1 section (a), the Secretary shall provide public notice of, 

2 and an opportunity to comment regarding, the applicable 

3 project. 

4 (c) CONSIDERATION OF ALTERNATIVES.—The Sec5 retary shall study, develop, and describe in each environ6 mental assessment under subsection (a)— 

7 (1) the project as the proposed action; and 

8 (2) a no-action alternative, the analysis of 

9 which shall include a description of the resulting en10 vironmental effects of taking no action on— 

11 (A) forest health; 

12 (B) habitat diversity; 

13 (C) wildfire potential; 

14 (D) insect and disease potential; 

15 (E) municipal water supplies; and 

16 (F) other economic and social factors. 

17 (d) LIMITATIONS.—The Secretary shall limit each en18 vironmental assessment under this section to a length of 

19 not more than 100 pages. 

20 (e) DEADLINE FOR COMPLETION.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date on which the Secretary publishes a no23 tice regarding an ecosystem restoration project in 

24 accordance with subsection (b), the Secretary shall 


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1 complete the environmental assessment for the 

2 project. 

3 (2) NO SUPPLEMENTAL ANALYSIS REQUIRED.— 

4 No supplemental analysis of an ecosystem restora5 tion project that is the subject of an environmental 

6 assessment under paragraph (1) shall be required 

7 after the date on which that environmental assess8 ment is complete. 

9 SEC. 312. GOOD NEIGHBOR AUTHORITY. 

10 (a) IN GENERAL.—Section 8206 of the Agricultural 

11 Act of 2014 (16 U.S.C. 2113a) is amended— 

12 (1) in subsection (a)(3)— 

13 (A) by redesignating subparagraph (B) as 

14 subparagraph (C); 

15 (B) by inserting after subparagraph (A) 

16 the following: 

17 ‘‘(B) INCLUSION.—The term ‘forest, 

18 rangeland, and watershed restoration services’ 

19 includes construction, reconstruction, repair, or 

20 restoration of permanent roads.’’; and 

21 (C) in subparagraph (C)(i) (as redesig22 nated by subparagraph (A)), by striking ‘‘or 

23 permanent’’; and 

24 (2) in subsection (b)— 


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1 (A) by redesignating paragraph (3) as 

2 paragraph (4); and 

3 (B) by inserting after paragraph (2) the 

4 following: 

5 ‘‘(3) PERMANENT ROAD CLOSURE.— 

6 ‘‘(A) IN GENERAL.—The Secretary may 

7 close a permanent road under a good neighbor 

8 agreement without carrying out with respect to 

9 the permanent road authorized restoration serv10 ices if the permanent road would allow future 

11 access for firefighting or other appropriate 

12 agency use, as determined by the applicable for13 est supervisor. 

14 ‘‘(B) INTACTNESS.—If a permanent road 

15 is closed under subparagraph (A), the perma16 nent road shall be closed to the public according 

17 to the applicable forest plan, but shall remain 

18 intact.’’. 

19 (b) REPEAL.—Section 331 of the Department of the 

20 Interior and Related Agencies Appropriations Act, 2001 

21 (16 U.S.C. 1011 note) is repealed. 


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1 SEC. 313. STEWARDSHIP END RESULT CONTRACTING 

2 PROJECTS. 

3 (a) HEALTHY FORESTS RESTORATION.—Section 604 

4 of the Healthy Forests Restoration Act of 2003 (16 

5 U.S.C. 6591c) is amended— 

6 (1) in subsection (c), by adding at the end the 

7 following: 

8 ‘‘(8) Retention of existing wood products infra9 structure.’’; 

10 (2) in subsection (d)— 

11 (A) in paragraph (1), by inserting ‘‘, or 

12 lowest-cost-technically-acceptable,’’ after ‘‘best13 value’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(8) PERMANENT ROAD CLOSURE.— 

16 ‘‘(A) IN GENERAL.—The Secretary of Ag17 riculture may close a permanent road under a 

18 contract entered into under this section without 

19 achieving with respect to the permanent road 

20 the restoration activities included in the land 

21 management goals described in subsection (c) if 

22 the permanent road would allow future access 

23 for firefighting or other appropriate agency use, 

24 as determined by the applicable forest super25 visor. 


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1 ‘‘(B) INTACTNESS.—If a permanent road 

2 is closed under subparagraph (A), the perma3 nent road shall be closed to the public according 

4 to the applicable forest plan, but shall remain 

5 intact.’’; and 

6 (3) in subsection (e)(2)(A), by inserting ‘‘, sub7 ject to the condition that 25 percent of the gross re8 ceipts shall be disbursed to the county in which the 

9 project site is located’’ before ‘‘; and’’. 

10 SEC. 314. PILOT ALTERNATIVE DISPUTE PROCESS. 

11 (a) ARBITRATION.— 

12 (1) IN GENERAL.—The Secretary shall establish 

13 within the Forest Service a 5-year arbitration pilot 

14 program as an alternative dispute resolution process 

15 in lieu of judicial review for the projects described 

16 in subsection (b). 

17 (2) NOTIFICATION TO OBJECTORS.—On 

18 issuance of an appeal response to an objection filed 

19 with respect to a project subject to an objection at 

20 the project level under part 218 of title 36, Code of 

21 Federal Regulations (as in effect on the date of en22 actment of this Act), the Secretary shall notify each 

23 applicable individual or entity that submitted the ob24 jection (referred to in this section as the ‘‘objector’’) 


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1 that any further appeal may be subject to arbitra2 tion in accordance with this section. 

3 (b) DESCRIPTION OF PROJECTS.—The Secretary, in 

4 coordination with the head of the applicable Region of the 

5 Forest Service, may designate any type of project under 

6 this title for arbitration under this section. 

7 (c) ARBITRATORS.— 

8 (1) APPOINTMENT.—The Secretary shall de9 velop and publish a list of not fewer than 20 individ10 uals eligible to serve as arbitrators for the pilot pro11 gram under this section. 

12 (2) QUALIFICATIONS.—In order to be eligible to 

13 serve as an arbitrator under this subsection, an indi14 vidual shall be currently certified by the American 

15 Arbitration Association. 

16 (d) INITIATION OF ARBITRATION.— 

17 (1) IN GENERAL.—Not later than 7 days after 

18 the date of receipt of a notice of intent to file suit 

19 challenging a project, the Secretary shall notify each 

20 applicable objector and the court of jurisdiction that 

21 the project has been designated for arbitration in ac22 cordance with this section. 

23 (2) DEMAND FOR ARBITRATION.— 

24 (A) IN GENERAL.—An objector that sought 

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1 ignated by the Secretary for arbitration under 

2 this section may file a demand for arbitration 

3 in accordance with— 

4 (i) sections 571 through 584 of title 

5 5, United States Code; and 

6 (ii) this paragraph. 

7 (B) REQUIREMENTS.—A demand for arbi8 tration under subparagraph (A) shall— 

9 (i) be filed not later than the date 

10 that is 30 days after the date of the notifi11 cation by the Secretary under paragraph 

12 (1); and 

13 (ii) include an alternative proposal to 

14 the applicable project that describes each 

15 modification sought by the objector with 

16 respect to the project. 

17 (e) SELECTION OF ARBITRATOR.—For each arbitra18 tion commenced under this section, the Secretary and each 

19 applicable objector shall agree on a mutually acceptable 

20 arbitrator from the list published under subsection (c)(1). 

21 (f) RESPONSIBILITIES OF ARBITRATOR.— 

22 (1) IN GENERAL.—An arbitrator selected under 

23 subsection (e)— 


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1 (A) shall address each demand filed for ar2 bitration with respect to a project under this 

3 section; but 

4 (B) may consolidate into a single arbitra5 tion all demands for arbitration by all objectors 

6 with respect to a project. 

7 (2) SELECTION OF PROPOSALS.—An arbitrator 

8 shall make a decision regarding each applicable de9 mand for arbitration under this section by select10 ing— 

11 (A) the project, as approved by the Sec12 retary; 

13 (B) an alternative proposal submitted by 

14 the applicable objector; or 

15 (C) neither proposal. 

16 (3) LIMITATIONS.— 

17 (A) ADMINISTRATIVE RECORD.—A decision 

18 of an arbitrator under this subsection shall be 

19 based solely on the administrative record for 

20 the project. 

21 (B) NO MODIFICATIONS TO PROPOSALS.— 

22 An arbitrator may not modify any proposal con23 tained in a demand for arbitration of an objec24 tor under this section. 


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1 (g) DEADLINE FOR COMPLETION OF ARBITRA2 TION.—Not later than 90 days after the date on which 

3 a demand for arbitration is filed under subsection (d)(2), 

4 the arbitration process shall be completed. 

5 (h) EFFECT OF ARBITRATION DECISION.—A decision 

6 of an arbitrator under this section— 

7 (1) shall not be considered to be a major Fed8 eral action; 

9 (2) shall be binding; and 

10 (3) shall not be subject to judicial review, ex11 cept as provided in section 10(a) of title 9, United 

12 States Code. 

13 (i) TERMINATION OF EFFECTIVENESS.—The author14 ity provided by this section terminates effective January 

15 1, 2023. 

16 Subtitle B—Ecosystem Restoration 

17 SEC. 321. DEFINITIONS. 

18 In this subtitle: 

19 (1) COMMUNITY WILDFIRE PROTECTION

20 PLAN.—The term ‘‘community wildfire protection 

21 plan’’ has the meaning given the term in section 101 

22 of the Healthy Forests Restoration Act of 2003 (16 

23 U.S.C. 6511). 

24 (2) RESTORATION.— 


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1 (A) IN GENERAL.—The term ‘‘restora2 tion’’, with respect to an ecosystem, means to 

3 carry out any activity that helps to recover, es4 tablish, or maintain the resilience or adaptive 

5 capacity of an ecosystem. 

6 (B) INCLUSIONS.—The term ‘‘restoration’’ 

7 includes any activity described in subsection (a) 

8 relating to— 

9 (i) timber harvesting; 

10 (ii) thinning; 

11 (iii) prescribed fire; or 

12 (iv) other vegetation manipulation in 

13 the National Forest System. 

14 SEC. 322. ECOSYSTEM RESTORATION PROJECTS. 

15 (a) IN GENERAL.—Subject to subsection (b), the Sec16 retary shall identify, prioritize, and carry out ecosystem 

17 restoration projects on National Forest System land in ac18 cordance with applicable land and resource management 

19 plans prepared by the Secretary for units of the National 

20 Forest System under section 6 of the Forest and Range21 land Renewable Resources Planning Act of 1974 (16 

22 U.S.C. 1604), if any, to accomplish one or more of the 

23 following objectives: 

24 (1) To restore terrestrial habitat. 


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1 (2) To sustain water quality, water flows, or 

2 watershed health and function. 

3 (3) To create, improve, or increase early seral 

4 habitat. 

5 (4) To carry out a needed timber stand im6 provement. 

7 (5) To reduce the risk or extent of insect or dis8 ease infestation. 

9 (6) To reduce wildland fire severity potential. 

10 (7) To implement a community wildfire protec11 tion plan. 

12 (8) To establish, recover, or maintain ecosystem 

13 resiliency. 

14 (b) EXCLUSIONS.—The Secretary may not carry out 

15 an ecosystem restoration project under this section on any 

16 area of National Forest System land— 

17 (1) that is a component of the National Wilder18 ness Preservation System; or 

19 (2) on which removal of vegetation is prohibited 

20 by law. 

21 SEC. 323. NATIONAL RESTORATION TREATMENT ACREAGE. 

22 (a) IN GENERAL.—For fiscal year 2018 and each fis23 cal year thereafter, the Secretary shall establish a 5-year 

24 schedule to achieve the ecosystem restoration objectives 

25 described in section 322(a). 


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1 (b) SCHEDULE GOALS.—The schedule established 

2 under subsection (a) shall— 

3 (1) by the end of the first 5-year period, result 

4 in at least a doubling of the acres subject to an eco5 system restoration project under this subtitle, as 

6 compared to the number of acres subject to an eco7 system restoration project in fiscal year 2017; and 

8 (2) be consistent with any applicable forest 

9 plan. 

10 (c) ASSIGNMENT.—Not later than 90 days after the 

11 date of enactment of this Act, and annually thereafter, 

12 the Secretary shall assign the annual acreage for restora13 tion treatments, by National Forest System region, de14 scribed in subsection (a). 

15 (d) PUBLICATION.—As soon as practicable after the 

16 date of each assignment of acreage for restoration treat17 ments under subsection (c), the Secretary shall publish the 

18 acreage that will apply, by National Forest System region, 

19 on the Internet website of the Forest Service. 

20 SEC. 324. PERFORMANCE MEASURES; ANNUAL REPORTS. 

21 (a) PERFORMANCE MEASURES.—The Secretary shall 

22 annually evaluate the degree to which the Secretary is 

23 achieving— 

24 (1) the purposes of this subtitle, including— 


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1 (A) the number of acres covered by eco2 system restoration projects; 

3 (B) the number of acres treated by me4 chanical methods under ecosystem restoration 

5 projects; 

6 (C) the number of acres treated using 

7 stewardship contracts and stewardship agree8 ments under ecosystem restoration projects; 

9 (D) the number of acres treated using tim10 ber sales under ecosystem restoration projects; 

11 (E) the number of acres treated by pre12 scribed fire, mowing, and other noncommercial 

13 product producing activities under ecosystem 

14 restoration projects; and 

15 (F) to the extent practicable, a summary 

16 of acres receiving more than 1 type of treat17 ment; and 

18 (2) the acreage requirements established under 

19 section 323(b)(1). 

20 (b) ANNUAL REPORTS.—Not later than 1 year after 

21 the date of enactment of this Act, and annually thereafter, 

22 the Secretary shall submit to the Committee on Energy 

23 and Natural Resources and the Committee on Environ24 ment and Public Works of the Senate and the Committee 

25 on Natural Resources of the House of Representatives— 


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1 (1) a report that describes, with respect to the 

2 preceding year, the results of evaluations using the 

3 performance measures described in subsection (a); 

4 and 

5 (2) a report that describes, with respect to the 

6 preceding year— 

7 (A) the number and substance of projects 

8 that are subject to arbitration under section 

9 314; and 

10 (B) the outcomes of the arbitrations under 

11 that section. 

12 Subtitle C—Categorical Exclusions 

13 SEC. 331. DEFINITIONS. 

14 In this subtitle: 

15 (1) CATASTROPHIC EVENT.—The term ‘‘cata16 strophic event’’ means any natural disaster (such as 

17 hurricane, tornado, windstorm, snow or ice storm, 

18 rain storm, high water, wind-driven water, tidal 

19 wave, earthquake, volcanic eruption, landslide, 

20 mudslide, drought, or insect or disease outbreak), or 

21 any fire, flood, or explosion, regardless of cause. 

22 (2) CATEGORICAL EXCLUSION.—The term ‘‘cat23 egorical exclusion’’ means an exclusion from the re24 quirement to prepare an environmental assessment 

25 or an environmental impact statement under section 


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1 102 of the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4332) for a category of forest man3 agement activities. 

4 (3) FOREST MANAGEMENT ACTIVITY.—The 

5 term ‘‘forest management activity’’ means a project 

6 or activity carried out by the Secretary on National 

7 Forest System land, consistent with the forest plan 

8 covering that land. 

9 (4) SALVAGE OPERATION.—The term ‘‘salvage 

10 operation’’ means a forest management activity car11 ried out in response to a catastrophic event, the pri12 mary purpose of which is— 

13 (A) to prevent wildfire as a result of the 

14 catastrophic event, or, if the catastrophic event 

15 was wildfire, to prevent a reburn of the fire-im16 pacted area; 

17 (B) to provide an opportunity for use of 

18 forest materials damaged as a result of the cat19 astrophic event; or 

20 (C) to provide a funding source for refor21 estation and other restoration activities for the 

22 National Forest System land impacted by the 

23 catastrophic event. 


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1 SEC. 332. CATEGORICAL EXCLUSION TO EXPEDITE CER2 TAIN CRITICAL RESPONSE ACTIONS. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, the Secretary shall develop 

5 a categorical exclusion (as defined in section 1508.4 of 

6 title 40, Code of Federal Regulations (or a successor regu7 lation)) to carry out a forest management activity on Na8 tional Forest System land in any case in which at least 

9 2 of the primary purposes of the forest management activ10 ity are— 

11 (1) to address an insect or disease infestation; 

12 (2) to treat land at risk of insect or disease in13 festation; 

14 (3) to reduce hazardous fuel loads; 

15 (4) to protect a municipal water source; 

16 (5) to maintain, enhance, or modify critical 

17 habitat to protect the habitat from catastrophic dis18 turbances; 

19 (6) to increase water yield; 

20 (7) to achieve salvage operation objectives; or 

21 (8) any combination of the purposes specified in 

22 paragraphs (1) through (7). 

23 (b) ADMINISTRATION.—In developing and admin24 istering a categorical exclusion under subsection (a), the 

25 Secretary shall— 


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1 (1) be consistent with the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

3 and 

4 (2) apply the extraordinary circumstances pro5 cedures under section 220.6 of title 36, Code of Fed6 eral Regulations (or a successor regulation), in de7 termining whether to use the categorical exclusion. 

8 SEC. 333. CATEGORICAL EXCLUSION TO MEET FOREST 

9 PLAN GOALS FOR EARLY SERAL AND EARLY 

10 SUCCESSIONAL FORESTS. 

11 (a) AVAILABILITY OF CATEGORICAL EXCLUSION.—A 

12 categorical exclusion is available to the Secretary to de13 velop and carry out a forest management activity on Na14 tional Forest System land in any case in which the pri15 mary purpose of the forest management activity is modi16 fying, improving, enhancing, or creating an early seral or 

17 early successional forest, in accordance with the applicable 

18 forest plan. 

19 (b) ACREAGE LIMITATIONS.—A forest management 

20 activity covered by the categorical exclusion granted by 

21 subsection (a) may not contain harvest units exceeding a 

22 total of 6,000 acres. 

23 (c) EXTRAORDINARY CIRCUMSTANCES.—The Sec24 retary may apply the extraordinary circumstances proce25 dures under section 220.6 of title 36, Code of Federal 


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1 Regulations (or a successor regulation), in determining 

2 whether to use a categorical exclusion under subsection 

3 (a). 

4 (d) CONSISTENCY.—In carrying out forest manage5 ment activities using the categorical exclusions under sub6 section (a), the Secretary shall ensure that the forest man7 agement activities are consistent with the applicable forest 

8 plans. 

9 (e) CUMULATIVE IMPACTS.—The Secretary shall not 

10 be required to conduct a cumulative impact analysis in an 

11 environmental document prepared under the National En12 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

13 for a forest management activity carried out using a cat14 egorical exclusion made available to the Secretary under 

15 subsection (a) or any other provision of law (including reg16 ulations). 

17 SEC. 334. CATEGORICAL EXCLUSION TO IMPROVE WILD18 LIFE HABITATS. 

19 (a) AVAILABILITY OF CATEGORICAL EXCLUSION.—A 

20 categorical exclusion is available to the Secretary to con21 duct a forest management activity the purpose of which 

22 is the improvement of wildlife habitat. 

23 (b) ACREAGE LIMITATIONS.—A forest management 

24 activity covered by the categorical exclusion granted by 


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1 subsection (a) may not contain harvest units exceeding a 

2 total of 6,000 acres. 

3 (c) EXTRAORDINARY CIRCUMSTANCES.—The Sec4 retary may apply the extraordinary circumstances proce5 dures under section 220.6 of title 36, Code of Federal 

6 Regulations (or a successor regulation), in determining 

7 whether to use a categorical exclusion under subsection 

8 (a). 

9 (d) CONSISTENCY.—In carrying out forest manage10 ment activities using the categorical exclusions under sub11 section (a), the Secretary shall ensure that the forest man12 agement activities are consistent with the applicable forest 

13 plans. 

14 (e) CUMULATIVE IMPACTS.—The Secretary shall not 

15 be required to conduct a cumulative impact analysis in an 

16 environmental document prepared under the National En17 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

18 for a forest management activity carried out using a cat19 egorical exclusion made available to the Secretary under 

20 subsection (a) or any other provision of law (including reg21 ulations). 

22 SEC. 335. CATEGORICAL EXCLUSION TO THIN FORESTS. 

23 (a) AVAILABILITY OF CATEGORICAL EXCLUSION.—A 

24 categorical exclusion is available to the Secretary to con25 duct a forest management activity the purpose of which 


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1 is commercial thinning of forest stands on suited 

2 timberland, including— 

3 (1) the incidental removal of trees for landings, 

4 skid trails, and road clearing; and 

5 (2) the construction of a temporary road that 

6 is not longer than 1 mile to carry out that commer7 cial thinning. 

8 (b) ACREAGE LIMITATIONS.—A forest management 

9 activity covered by the categorical exclusion granted by 

10 subsection (a) may not contain harvest units exceeding a 

11 total of 6,000 acres. 

12 (c) EXTRAORDINARY CIRCUMSTANCES.—The Sec13 retary may apply the extraordinary circumstances proce14 dures under section 220.6 of title 36, Code of Federal 

15 Regulations (or a successor regulation), in determining 

16 whether to use a categorical exclusion under subsection 

17 (a). 

18 (d) CONSISTENCY.—In carrying out forest manage19 ment activities using the categorical exclusions under sub20 section (a), the Secretary shall ensure that the forest man21 agement activities are consistent with the applicable forest 

22 plans. 

23 (e) CUMULATIVE IMPACTS.—The Secretary shall not 

24 be required to conduct a cumulative impact analysis in an 

25 environmental document prepared under the National EnVerDate Sep 11 2014 21:43 Nov 04, 2017 Jkt 079200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S2068.IS S2068

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1 vironmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

2 for a forest management activity carried out using a cat3 egorical exclusion made available to the Secretary under 

4 subsection (a) or any other provision of law (including reg5 ulations). 

6 SEC. 336. EXPANSION OF CATEGORICAL EXCLUSION FOR 

7 INSECT AND DISEASE INFESTATION. 

8 (a) PERMANENT AUTHORITY.—Section 602(f) of the 

9 Healthy Forests Restoration Act of 2003 (16 U.S.C. 

10 6591a(f)) is amended by striking ‘‘each of fiscal years 

11 2014 through 2024.’’ and inserting ‘‘each fiscal year.’’. 

12 (b) ADMINISTRATIVE REVIEW.—Section 603 of the 

13 Healthy Forests Restoration Act of 2003 (16 U.S.C. 

14 6591b) is amended— 

15 (1) in subsection (a), in the matter preceding 

16 paragraph (1), by striking ‘‘described in subsection 

17 (b)’’; 

18 (2) by striking subsection (b); 

19 (3) by redesignating subsections (c) through (g) 

20 as subsections (b) through (f), respectively; and 

21 (4) in subsection (b) (as so redesignated)— 

22 (A) in paragraph (1), by striking ‘‘3000’’ 

23 and inserting ‘‘6,000’’; and 

24 (B) in paragraph (2), by striking ‘‘shall 

25 be’’ in the matter preceding subparagraph (A) 


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1 and all that follows through the period at the 

2 end of subparagraph (B) and inserting ‘‘may be 

3 carried out in any area designated under sec4 tion 602(b), including areas in Fire Regime 

5 Groups IV and V.’’. 

Æ 


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