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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2607 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 2607

  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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2019

 Mr. Westerman (for himself, Mr. Bishop of Utah, Ms. Cheney, Mr. Cook, 
Mr. Thompson of Pennsylvania, Mr. Gianforte, Mr. Gosar, Mr. Hunter, Mr. 
 Johnson of South Dakota, Mr. LaMalfa, Mr. McClintock, Mrs. Rodgers of 
  Washington, Mr. Newhouse, Mr. Stewart, Mr. Tipton, Mr. Walden, Mr. 
  Young, Mr. Fulcher, and Mr. Curtis) introduced the following bill; 
which was referred to the Committee on Agriculture, and in addition to 
  the Committee on Natural Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
  To 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,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Resilient Federal 
Forests Act of 2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Rule of application for National Forest System lands and public 
                            lands.
     TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF 
    CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES

   Subtitle A--Analysis of Proposed Collaborative Forest Management 
                               Activities

Sec. 101. Analysis of only two alternatives (action versus no action) 
                            in proposed collaborative forest management 
                            activities.
                   Subtitle B--Categorical Exclusions

Sec. 111. Categorical exclusion to expedite certain critical response 
                            actions.
Sec. 112. Categorical exclusion to expedite salvage operations in 
                            response to catastrophic events.
Sec. 113. Categorical exclusion to meet forest plan goals for early 
                            successional forests.
Sec. 114. Categorical exclusion for road side projects.
Sec. 115. Categorical exclusion to improve or restore National Forest 
                            System Lands or public land or reduce the 
                            risk of wildfire.
Sec. 116. Treatment areas.
Sec. 117. Administrative review.
Sec. 118. Wildfire resilience projects.
    Subtitle C--General Provisions for Forest Management Activities

Sec. 121. Compliance with forest plans.
Sec. 122. Consultation under the National Historic Preservation Act.
Sec. 123. Consultation under the Endangered Species Act.
Sec. 124. Forest management activities considered non-discretionary 
                            actions.
 TITLE II--SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS

Sec. 201. Expedited salvage operations and reforestation activities 
                            following large-scale catastrophic events.
Sec. 202. Compliance with forest plan.
Sec. 203. Prohibition on restraining orders, preliminary injunctions, 
                            and injunctions pending appeal.
                TITLE III--FOREST MANAGEMENT LITIGATION

               Subtitle A--General Litigation Provisions

Sec. 301. No attorney fees for forest management activity challenges.
Sec. 302. Injunctive relief.
    Subtitle B--Forest Management Activity Arbitration Pilot Program

Sec. 311. Use of arbitration instead of litigation to address 
                            challenges to forest management activities.
  TITLE IV--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT 
                               AMENDMENTS

Sec. 401. Use of reserved funds for title II projects on Federal land 
                            and certain non-Federal land.
              TITLE V--STEWARDSHIP END RESULT CONTRACTING

Sec. 501. Payment of portion of stewardship project revenues to county 
                            in which stewardship project occurs.
Sec. 502. Fire liability provision.
Sec. 503. Extension of stewardship contracting maximum term limits.
         TITLE VI--TRIBAL FORESTRY PARTICIPATION AND PROTECTION

Sec. 601. Protection of Tribal forest assets through use of stewardship 
                            end result contracting and other 
                            authorities.
Sec. 602. Management of Indian forest land authorized to include 
                            related National Forest System lands and 
                            public lands.
Sec. 603. Tribal forest management demonstration project.
Sec. 604. Rule of application.
            TITLE VII-- EXPEDITING INTERAGENCY CONSULTATION

     Subtitle A--Forest Plans Not Considered Major Federal Actions

Sec. 701. Forest plans not considered major Federal actions.
                    Subtitle B--Agency Consultation

Sec. 711. Consultation under Forest and Rangeland Renewable Resources 
                            Planning Act of 1974.
                       TITLE VIII--MISCELLANEOUS

                Subtitle A--Forest Management Provisions

Sec. 801. Clarification of existing categorical exclusion authority 
                            related to insect and disease infestation.
Sec. 802. Revision of alternate consultation agreement regulations.
Sec. 803. Revision of extraordinary circumstances regulations.
Sec. 804. Conditions on Forest Service road decommissioning.
Sec. 805. Prohibition on application of Eastside Screens requirements 
                            on National Forest System lands.
Sec. 806. Use of site-specific forest plan amendments for certain 
                            projects and activities.
Sec. 807. Knutson-Vandenberg Act modifications.
Sec. 808. Application of Northwest Forest Plan Survey and Manage 
                            Mitigation Measure Standard and Guidelines.
Sec. 809. Reconstruction and repair included in good neighbor 
                            agreements.
  Subtitle B--Oregon and California Railroad Grant Lands and Coos Bay 
                         Wagon Road Grant Lands

Sec. 811. Amendments to the Act of August 28, 1937.
Sec. 812. Oregon and California Railroad Grant Lands and Coos Bay Wagon 
                            Road Grant lands permanent rights of 
                            access.
Sec. 813. Management of Bureau of Land Management lands in Western 
                            Oregon.

SEC. 2. DEFINITIONS.

    In titles I through IX:
            (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.
            (2) 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 forest management 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)).
            (3) 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).
            (4) 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).
            (5) 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 consistent with the forest plan covering the 
        lands.
            (6) Forest plan.--The term ``forest plan'' means--
                    (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
                    (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).
            (7) 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, as determined by the 
        Secretary concerned.
            (8) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)).
            (9) Oregon and california railroad grant lands.--The term 
        ``Oregon and California Railroad Grant lands'' means the 
        following lands:
                    (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).
                    (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).
                    (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).
            (10) Public lands.--The term ``public lands'' has the 
        meaning given that term in section 103 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702), except that 
        the term includes Coos Bay Wagon Road Grant lands and Oregon 
        and California Railroad Grant lands.
            (11) Reforestation activity.--The term ``reforestation 
        activity'' means a project or forest management 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 impacted lands.
            (12) Resource advisory committee.--The term ``resource 
        advisory committee'' has the meaning given that term in section 
        201 of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7121).
            (13) Salvage operation.--The term ``salvage operation'' 
        means a forest management activity and restoration activities 
        carried out in response to a catastrophic event where the 
        primary purpose is--
                    (A) 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;
                    (B) to provide an opportunity for utilization of 
                forest materials damaged as a result of the 
                catastrophic event; or
                    (C) 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.
            (14) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System lands; and
                    (B) the Secretary of the Interior, with respect to 
                public lands.

SEC. 3. RULE OF APPLICATION FOR NATIONAL FOREST SYSTEM LANDS AND PUBLIC 
              LANDS.

    Unless specifically provided by a provision of titles I through IX, 
the authorities provided by such titles do not apply with respect to 
any National Forest System lands or public lands--
            (1) that are included in the National Wilderness 
        Preservation System;
            (2) that are located within a national or State-specific 
        inventoried roadless area established by the Secretary of 
        Agriculture through regulation, unless--
                    (A) the forest management activity to be carried 
                out under such authority is consistent with the forest 
                plan applicable to the area; or
                    (B) the Secretary concerned determines the activity 
                is allowed under the applicable roadless rule governing 
                such lands; or
            (3) on which timber harvesting for any purpose is 
        prohibited by Federal statute.

     TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF 
    CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES

   Subtitle A--Analysis of Proposed Collaborative Forest Management 
                               Activities

SEC. 101. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION VERSUS NO ACTION) 
              IN PROPOSED COLLABORATIVE FOREST MANAGEMENT ACTIVITIES.

    (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 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332) for a forest 
management activity that--
            (1) is developed through a collaborative process;
            (2) is proposed by a resource advisory committee;
            (3) will occur on lands identified by the Secretary 
        concerned as suitable for timber production;
            (4) will occur on lands designated by the Secretary (or 
        designee thereof) pursuant to section 602(b) of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6591a(b)), 
        notwithstanding whether such forest management activity is 
        initiated prior to the date of enactment of this Act; or
            (5) is covered by a community wildfire protection plan.
    (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:
            (1) The forest management activity.
            (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 consider 
whether to evaluate--
            (1) the effect of no action on--
                    (A) forest health;
                    (B) habitat diversity;
                    (C) wildfire potential;
                    (D) insect and disease potential; and
                    (E) timber production; and
            (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--
                    (A) domestic water supply in the project area;
                    (B) wildlife habitat loss; and
                    (C) other economic and social factors.

                   Subtitle B--Categorical Exclusions

SEC. 111. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE 
              ACTIONS.

    (a) Categorical Exclusion Established.--Forest management 
activities described in subsection (b) are a category of actions hereby 
designated as being categorically excluded from the preparation of an 
environmental assessment or an environmental impact statement under 
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332).
    (b) Forest Management Activities Designated for Categorical 
Exclusion.--The forest management activities designated under this 
section for a categorical exclusion are forest management activities 
carried out by the Secretary concerned on National Forest System lands 
or public lands where the primary purpose of such activity is--
            (1) to address an insect or disease infestation;
            (2) to reduce hazardous fuel loads;
            (3) to protect a municipal water source;
            (4) to maintain, enhance, or modify critical habitat to 
        protect it from catastrophic disturbances;
            (5) to increase water yield;
            (6) to facilitate native species restoration; or
            (7) any combination of the purposes specified in paragraphs 
        (1) through (6).
    (c) Availability of Categorical Exclusion.--On and after the date 
of the enactment of this Act, the Secretary concerned may use the 
categorical exclusion established under subsection (a) in accordance 
with this section.
    (d) Acreage Limitations.--
            (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 established under 
        subsection (a) may not contain treatment units exceeding a 
        total of 10,000 acres.
            (2) Larger areas authorized.--A forest management activity 
        covered by the categorical exclusion established under 
        subsection (a) may contain treatment units exceeding a total of 
        10,000 acres but not more than a total of 30,000 acres if the 
        forest management activity--
                    (A) is developed through a collaborative process;
                    (B) is proposed by a resource advisory committee; 
                or
                    (C) is covered by a community wildfire protection 
                plan.

SEC. 112. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN 
              RESPONSE TO CATASTROPHIC EVENTS.

    (a) Categorical Exclusion Established.--Salvage operations carried 
out by the Secretary concerned on National Forest System lands or 
public lands are a category of actions hereby designated as being 
categorically excluded from the preparation of an environmental 
assessment or an environmental impact statement under section 102 of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
    (b) Availability of Categorical Exclusion.--On and after the date 
of the enactment of this Act, the Secretary concerned may use the 
categorical exclusion established under subsection (a) in accordance 
with this section.
    (c) Acreage Limitation.--A salvage operation covered by the 
categorical exclusion established under subsection (a) may not contain 
treatment units exceeding a total of 10,000 acres.
    (d) Additional Requirements.--
            (1) Stream buffers.--A salvage operation covered by the 
        categorical exclusion established under 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.
            (2) 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 
        established under subsection (a).

SEC. 113. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR EARLY 
              SUCCESSIONAL FORESTS.

    (a) Categorical Exclusion Established.--Forest management 
activities described in subsection (b) are a category of actions hereby 
designated as being categorically excluded from the preparation of an 
environmental assessment or an environmental impact statement under 
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332).
    (b) Forest Management Activities Designated for Categorical 
Exclusion.--The forest management activities designated under this 
section for a categorical exclusion are forest management activities 
carried out by the Secretary concerned on National Forest System lands 
or public lands where the primary purpose of such activity is to 
modify, improve, enhance, or create early successional forests for 
wildlife habitat improvement and other purposes, consistent with the 
applicable forest plan.
    (c) Availability of Categorical Exclusion.--On and after the date 
of the enactment of this Act, the Secretary concerned may use the 
categorical exclusion established under subsection (a) in accordance 
with this section.
    (d) 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.
    (e) Acreage Limitations.--A forest management activity covered by 
the categorical exclusion established under subsection (a) may not 
contain treatment units exceeding a total of 10,000 acres.

SEC. 114. CATEGORICAL EXCLUSION FOR ROAD SIDE PROJECTS.

    (a) Categorical Exclusion Established.--Projects carried out by the 
Secretary concerned to remove hazard trees or to salvage timber for 
purposes of the protection of public health or safety, water supply, or 
public infrastructure are a category of actions hereby designated as 
being categorically excluded from the preparation of an environmental 
assessment or an environmental impact statement under section 102 of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
    (b) Availability of Categorical Exclusion.--On and after the date 
of the enactment of this Act, the Secretary concerned may use the 
categorical exclusion established under subsection (a) in accordance 
with this section.
    (c) Healthy Forests Restoration Act Requirements.--
            (1) Administrative review.--A project that is categorically 
        excluded under this section shall be subject to the 
        requirements of subsections (d), (e), and (f) of section 603 of 
        the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591).
            (2) Hazardous fuel reduction on federal land.--A project 
        that is categorically excluded under this section shall be 
        subject to the requirements of sections 102, 104, 105, and 106 
        of title I of the Healthy Forests Restoration Act of 2003 (16 
        U.S.C. 6511 et seq.).

SEC. 115. CATEGORICAL EXCLUSION TO IMPROVE OR RESTORE NATIONAL FOREST 
              SYSTEM LANDS OR PUBLIC LAND OR REDUCE THE RISK OF 
              WILDFIRE.

    (a) Categorical Exclusion Established.--Forest management 
activities described in subsection (b) are a category of actions hereby 
designated as being categorically excluded from the preparation of an 
environmental assessment or an environmental impact statement under 
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332).
    (b) Forest Management Activities Designated for Categorical 
Exclusion.--
            (1) Designation.--The forest management activities 
        designated under this section for a categorical exclusion are 
        forest management activities described in paragraph (2) that 
        are carried out by the Secretary concerned on National Forest 
        System Lands or public lands where the primary purpose of such 
        activity is to improve or restore such lands or reduce the risk 
        of wildfire on those lands.
            (2) Activities authorized.--The follow activities may be 
        carried out pursuant to the categorical exclusion established 
        under subsection (a):
                    (A) 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.
                    (B) Performance of hazardous fuels management.
                    (C) Creation of fuel and fire breaks.
                    (D) Modification of existing fences in order to 
                distribute livestock and help improve wildlife habitat.
                    (E) Installation of erosion control devices.
                    (F) 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.
                    (G) Performance of soil treatments, native and non-
                native seeding, and planting of and transplanting 
                sagebrush, grass, forb, shrub, and other species.
                    (H) 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.
    (c) Availability of Categorical Exclusion.--On and after the date 
of the enactment of this Act, the Secretary concerned may use the 
categorical exclusion established under subsection (a) in accordance 
with this section.
    (d) Acreage Limitations.--A forest management activity covered by 
the categorical exclusion established under subsection (a) may not 
exceed 10,000 acres.
    (e) 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 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.
            (3) Targeted livestock grazing.--The term ``targeted 
        livestock grazing'' means grazing used for purposes of 
        hazardous fuel reduction.

SEC. 116. TREATMENT AREAS.

    Section 602 of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591a) is amended--
            (1) in the heading, by striking ``designation of'';
            (2) by amending subsection (a) to read as follows:
    ``(a) Definitions.--In this section:
            ``(1) 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).
            ``(2) Declining forest health.--The term `declining forest 
        health' means a qualified forest that is experiencing--
                    ``(A) substantially increased tree mortality due to 
                insect or disease infestation; or
                    ``(B) dieback due to infestation or defoliation by 
                insects or disease.
            ``(3) Oregon and california railroad grant lands.--The term 
        `Oregon and California Railroad Grant lands' means the 
        following lands:
                    ``(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).
                    ``(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).
                    ``(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).
            ``(4) Public lands.--The term `public lands' has the 
        meaning given that term in section 103 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702), except that 
        the term includes Coos Bay Wagon Road Grant lands and Oregon 
        and California Railroad Grant lands.
            ``(5) Qualified forest.--The term `qualified forest' means 
        a forest located in--
                    ``(A) National Forest System lands; or
                    ``(B) public lands.
            ``(6) Secretary concerned.--The term `Secretary concerned' 
        means--
                    ``(A) with respect to National Forest System lands, 
                the Secretary of Agriculture; and
                    ``(B) with respect to public lands, the Secretary 
                of the Interior.'';
            (3) by amending subsection (b) to read as follows:
    ``(b) Authority.--The Secretary concerned may carry out insect and 
disease treatment programs in a qualified forest that meets the 
requirements specified in subsection (c).'';
            (4) in subsection (c), by striking ``To be designated a 
        landscape-scale area under subsection (b), the area shall be'' 
        and inserting ``The Secretary concerned may only carry out 
        projects under subsection (b) in a qualified forest that is''; 
        and
            (5) in subsection (d)(1), by striking ``on Federal land in 
        the areas designated''.

SEC. 117. ADMINISTRATIVE REVIEW.

    Section 603(c) of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591b(c)) is amended--
            (1) in paragraph (1), by striking ``3000 acres'' and 
        inserting ``10,000 acres''; and
            (2) in paragraph (2)(B), by striking ``Fire Regime Groups 
        I, II, or III,'' and inserting ``Fire Regime I, Fire Regime II, 
        Fire Regime III, Fire Regime IV, or Fire Regime V,''.

SEC. 118. WILDFIRE RESILIENCE PROJECTS.

    Section 605(c) of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591d(c)) is amended--
            (1) in paragraph (1), by striking ``3000 acres'' and 
        inserting ``10,000 acres''; and
            (2) in paragraph (2)(B), by striking ``Fire Regime Groups 
        I, II, or III'' and inserting ``Fire Regime I, Fire Regime II, 
        Fire Regime III, Fire Regime IV, or Fire Regime V''.

    Subtitle C--General Provisions for Forest Management Activities

SEC. 121. COMPLIANCE WITH FOREST PLANS.

    A forest management activity carried out pursuant to this Act 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.

SEC. 122. CONSULTATION UNDER THE NATIONAL HISTORIC PRESERVATION ACT.

    (a) In General.--Not later than 12 months after the date of 
enactment of this Act, the Secretary concerned shall each develop, in 
consultation with relevant consulting parties, a programmatic agreement 
or other appropriate program alternative pursuant to section 800.14 of 
title 36, Code of Federal Regulations, or successor regulation, for 
expediting reviews under section 306108 of title 54, United States 
Code, for forest management activities carried out pursuant to this 
Act.
    (b) Requirement.--A programmatic agreement or other program 
alternative developed under subsection (a) shall incorporate the 
concepts of phased identification and evaluation set forth in section 
800.4(b)(2) of title 36, Code of Federal Regulations, or successor 
regulation.

SEC. 123. CONSULTATION UNDER THE ENDANGERED SPECIES ACT.

    (a) No Consultation if Action Not Likely To Adversely Affect a 
Listed Species or Designated Critical Habitat.--With respect to a 
forest management activity carried out pursuant to this Act, 
consultation under section 7 of the Endangered Species Act of 1973 (16 
U.S.C. 1536) shall not be required if the Secretary concerned 
determines that the such forest management activity is not likely to 
adversely affect a listed species or designated critical habitat.
    (b) Expedited Consultation.--
            (1) In general.--With respect to a forest management 
        activity carried out pursuant to this Act, consultation 
        required under section 7 of the Endangered Species Act of 1973 
        (16 U.S.C. 1536) shall be concluded within the 90-day period 
        beginning on the date on which such consultation was requested 
        by the Secretary concerned.
            (2) No conclusion.--In the case of a consultation described 
        in paragraph (1) that is not concluded within the 90-day 
        period, the forest management activity for which such 
        consultation was initiated--
                    (A) shall be considered to have not violated 
                section 7 of the Endangered Species Act of 1973 (16 
                U.S.C. 1536(a)(2)); and
                    (B) may be carried out.

SEC. 124. FOREST MANAGEMENT ACTIVITIES CONSIDERED NON-DISCRETIONARY 
              ACTIONS.

    For purposes of the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.), a forest management activity carried out by the Secretary 
concerned pursuant to this Act shall be considered a non-discretionary 
action.

 TITLE II--SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS

SEC. 201. EXPEDITED SALVAGE OPERATIONS AND REFORESTATION ACTIVITIES 
              FOLLOWING LARGE-SCALE CATASTROPHIC EVENTS.

    (a) Expedited Environmental Assessment.--Notwithstanding any other 
provision of law, an environmental assessment prepared by the Secretary 
concerned pursuant to section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332) 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 60 days after the conclusion of the 
catastrophic event.
    (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, to the maximum extent practicable, 
achieve reforestation of at least 75 percent of the impacted lands 
during the 5-year period following the conclusion of the catastrophic 
event.
    (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.
    (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.

SEC. 202. COMPLIANCE WITH FOREST PLAN.

    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.

SEC. 203. PROHIBITION ON RESTRAINING ORDERS, PRELIMINARY INJUNCTIONS, 
              AND INJUNCTIONS PENDING APPEAL.

    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.

                TITLE III--FOREST MANAGEMENT LITIGATION

               Subtitle A--General Litigation Provisions

SEC. 301. NO ATTORNEY FEES FOR FOREST MANAGEMENT ACTIVITY CHALLENGES.

    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 carried out pursuant to this 
Act.

SEC. 302. INJUNCTIVE RELIEF.

    (a) Balancing Short- and Long-Term Effects of Forest Management 
Activities in Considering Injunctive Relief.--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 IX, the court reviewing the agency action shall 
balance the impact to the ecosystem likely affected by the forest 
management activity of--
            (1) the short- and long-term effects of undertaking the 
        agency action; against
            (2) the short- and long-term effects of not undertaking the 
        action.
    (b) Time Limitations for Injunctive Relief.--
            (1) In general.--Subject to paragraph (2) the length of any 
        preliminary injunctive relief and stays pending appeal that 
        applies to any agency action as part of a forest management 
        activity under titles I through IX, shall not exceed 60 days.
            (2) Renewal.--
                    (A) In general.--A court of competent jurisdiction 
                may issue one or more renewals of any preliminary 
                injunction, or stay pending appeal, granted under 
                paragraph (1).
                    (B) Updates.--In each renewal of an injunction in 
                an action, the parties to the action shall present the 
                court with updated information on the status of the 
                authorized forest management activity.

    Subtitle B--Forest Management Activity Arbitration Pilot Program

SEC. 311. USE OF ARBITRATION INSTEAD OF LITIGATION TO ADDRESS 
              CHALLENGES TO FOREST MANAGEMENT ACTIVITIES.

    (a) Discretionary Arbitration Process Pilot Program.--
            (1) In general.--The Secretary of Agriculture, with respect 
        to National Forest System lands, and the Secretary of the 
        Interior, with respect to public lands, shall each establish a 
        discretionary arbitration pilot program as an alternative 
        dispute resolution process in lieu of judicial review for the 
        activities described in paragraph (2).
            (2) Activities described.--The Secretary concerned, at the 
        sole discretion of the Secretary, may designate objections or 
        protests to forest management activities for arbitration under 
        the arbitration pilot program established under paragraph (1).
            (3) Maximum amount of arbitrations.--Under the arbitration 
        pilot program, the Secretary concerned may not arbitrate more 
        than 10 objections or protests to forest management activities 
        in a fiscal year in--
                    (A) each Forest Service Region; and
                    (B) each State Region of the Bureau of Land 
                Management.
            (4) Determining amount of arbitrations.--An objection or 
        protest to a forest management activity shall not be counted 
        towards the limitation on number of arbitrations under 
        paragraph (3) unless--
                    (A) on the date such objection or protest is 
                designated for arbitration, the forest management 
                activity for which such objection or protest is filed 
                has not been the subject of arbitration proceedings 
                under the pilot program; and
                    (B) the arbitration proceeding has commenced with 
                respect to such objection or protest.
            (5) Termination.--The pilot programs established pursuant 
        to paragraph (1) shall terminate on the date that is 7 years 
        after the date of the enactment of this Act.
    (b) Intervening Parties.--
            (1) Requirements.--Any person that submitted a public 
        comment on the forest management activity that is subject to 
        arbitration may intervene in the arbitration--
                    (A) by endorsing--
                            (i) the forest management activity; or
                            (ii) the modification proposal submitted 
                        under subparagraph (B); or
                    (B) by submitting a proposal to further modify the 
                forest management activity.
            (2) Deadline for submission.--With respect to an objection 
        or protest that is designated for arbitration under this 
        subsection (a), a request to intervene in an arbitration must 
        be submitted not later than the date that is 30 days after the 
        date on which such objection or protest was designated for 
        arbitration.
            (3) Multiple parties.--Multiple intervening parties may 
        submit a joint proposal so long as each intervening party meets 
        the eligibility requirements of paragraph (1).
    (c) Appointment of Arbitrator.--
            (1) Appointment.--The Secretary of Agriculture and the 
        Secretary of the Interior shall jointly develop and publish a 
        list of not fewer than 20 individuals eligible to serve as 
        arbitrators for the pilot programs under this section.
            (2) Qualifications.--In order to be eligible to serve as an 
        arbitrator under this subsection, an individual shall be, on 
        the date of the appointment of such arbitrator--
                    (A) certified by the American Arbitration 
                Association; and
                    (B) not a registered lobbyist.
            (3) Selection of arbitrator.--
                    (A) In general.--For each arbitration commenced 
                under this section, the Secretary concerned and each 
                applicable objector or protestor shall agree, not later 
                than 14 days after the agreement process is initiated, 
                on a mutually acceptable arbitrator from the list 
                published under subsection.
                    (B) Appointment after 14 days.--In the case of an 
                agreement with respect to a mutually acceptable 
                arbitrator not being reached within the 14-day limit 
                described in subparagraph (A), the Secretary concerned 
                shall appoint an arbitrator from the list published 
                under this subsection.
    (d) Selection of Proposals.--
            (1) In general.--The arbitrator appointed under subsection 
        (c)--
                    (A) may not modify any of the proposals submitted 
                with the objection, protest, or request to intervene; 
                and
                    (B) shall select to be conducted--
                            (i) the forest management activity, as 
                        approved by the Secretary; or
                            (ii) a proposal submitted by an objector or 
                        an intervening party.
            (2) Selection criteria.--An arbitrator shall, when 
        selecting a proposal, consider--
                    (A) whether the proposal is consistent with the 
                applicable forest plan, laws, and regulations;
                    (B) whether the proposal can be carried out by the 
                Secretary concerned; and
                    (C) the effect of each proposal on--
                            (i) forest health;
                            (ii) habitat diversity;
                            (iii) wildfire potential;
                            (iv) insect and disease potential;
                            (v) timber production; and
                            (vi) 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--
                                    (I) domestic water costs;
                                    (II) wildlife habitat loss; and
                                    (III) other economic and social 
                                factors.
    (e) Effect of Decision.--The decision of an arbitrator with respect 
to the forest management activity--
            (1) shall not be considered 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.
    (f) Deadline for Completion.--Not later than 90 days after the date 
on which the arbitration is filed with respect to the forest management 
activity, the arbitration process shall be completed.

  TITLE IV--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT 
                               AMENDMENTS

SEC. 401. USE OF RESERVED FUNDS FOR TITLE II PROJECTS ON FEDERAL LAND 
              AND CERTAIN NON-FEDERAL LAND.

    Section 204(f) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7124(f)) is amended to read as 
follows:
    ``(f) Requirements for Project Funds.--
            ``(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--
                    ``(A) include the sale of timber or other forest 
                products, reduce fire risks, or improve water supplies; 
                and
                    ``(B) implement stewardship objectives that enhance 
                forest ecosystems or restore and improve land health 
                and water quality.
            ``(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.''.

              TITLE V--STEWARDSHIP END RESULT CONTRACTING

SEC. 501. PAYMENT OF PORTION OF STEWARDSHIP PROJECT REVENUES TO COUNTY 
              IN WHICH STEWARDSHIP PROJECT OCCURS.

    Section 604(e) of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591c(e)) is amended--
            (1) in paragraph (2)(B), by inserting ``subject to 
        paragraph (3)(A),'' before ``shall''; and
            (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.''.

SEC. 502. FIRE LIABILITY PROVISION.

    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:
            ``(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).''.

SEC. 503. EXTENSION OF STEWARDSHIP CONTRACTING MAXIMUM TERM LIMITS.

    (a) Health Forests Restoration Act.--Section 604(d)(3)(B) of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(d)(3)(B)) is 
amended by striking ``10 years'' and inserting ``20 years''.
    (b) National Forest Management Act.--Section 14(c) of the National 
Forest Management Act of 1976 (16 U.S.C. 472a(c)) is amended by 
striking ``Fire Regime Groups I, II, or III'' and inserting ``Fire 
Regime Groups I, II, III, IV, and V''.

         TITLE VI--TRIBAL FORESTRY PARTICIPATION AND PROTECTION

SEC. 601. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF STEWARDSHIP 
              END RESULT CONTRACTING AND OTHER AUTHORITIES.

    (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 of''; and
            (2) by adding at the end the following new paragraph:
            ``(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.--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.
                    ``(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))'' and inserting ``section 604 of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6591c)''; and
            (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''.

SEC. 602. MANAGEMENT OF INDIAN FOREST LAND AUTHORIZED TO INCLUDE 
              RELATED NATIONAL FOREST SYSTEM LANDS AND PUBLIC LANDS.

    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:
    ``(c) Inclusion of Certain National Forest System Land and Public 
Land.--
            ``(1) Authority.--At the request of an Indian Tribe, the 
        Secretary concerned may agree to 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.
            ``(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--
                    ``(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;
                    ``(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 agreement, 
                        including, where applicable, 25-percent 
                        payments or 50-percent payments; or
                            ``(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;
                    ``(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 
                place on Federal forest land prior to commencement of 
                Tribal management activities;
                    ``(E) ensure that all commercial timber removed 
                from the Federal forest land is sold on a competitive 
                bid basis; and
                    ``(F) cooperate with the appropriate State fish and 
                wildlife agency to achieve mutual agreement on the 
                management of fish and wildlife.
            ``(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.
            ``(4) Definitions.--In this subsection:
                    ``(A) Federal forest land.--The term `Federal 
                forest land' means--
                            ``(i) National Forest System lands; and
                            ``(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.
                    ``(B) Secretary concerned.--The term `Secretary 
                concerned' means--
                            ``(i) the Secretary of Agriculture, with 
                        respect to the Federal forest land referred to 
                        in subparagraph (A)(i); and
                            ``(ii) the Secretary of the Interior, with 
                        respect to the Federal forest land referred to 
                        in subparagraph (A)(ii).''.

SEC. 603. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.

    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. 5304 et seq.).

SEC. 604. RULE OF APPLICATION.

    Nothing in this title, or the amendments made by this title, shall 
be construed as interfering with, diminishing, or conflicting with the 
authority, jurisdiction, or responsibility of any State to exercise 
primary management, control, or regulation of fish and wildlife on land 
or water within the State (including on public land) under State law.

            TITLE VII-- EXPEDITING INTERAGENCY CONSULTATION

     Subtitle A--Forest Plans Not Considered Major Federal Actions

SEC. 701. FOREST PLANS NOT CONSIDERED MAJOR FEDERAL ACTIONS.

    The development, maintenance, amendment, and revision of a forest 
plan shall not be considered a major Federal action for purposes of 
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332).

                    Subtitle B--Agency Consultation

SEC. 711. CONSULTATION UNDER FOREST AND RANGELAND RENEWABLE RESOURCES 
              PLANNING ACT OF 1974.

    Section 6(d) of the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1604(d)) is amended--
            (1) by striking ``(d) The Secretary'' and inserting the 
        following:
    ``(d) Public Participation and Consultation.--
            ``(1) In general.--The Secretary''; and
            (2) by adding at the end the following:
            ``(2) No additional consultation required after approval of 
        land management plans.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Secretary shall not be required 
                to engage in consultation under this subsection or any 
                other provision of law (including section 7 of the 
                Endangered Species Act (16 U.S.C. 1536) and section 
                402.16 of title 50, Code of Federal Regulations (or a 
                successor regulation)) with respect to--
                            ``(i) if a land management plan approved by 
                        the Secretary--
                                    ``(I) the listing of a species as 
                                threatened or endangered, or a 
                                designation of critical habitat 
                                pursuant to the Endangered Species Act 
                                (16 U.S.C. 1531 et seq.);
                                    ``(II) whether the amount or extent 
                                of taking specified in the incidental 
                                take statement is exceeded;
                                    ``(III) whether new information 
                                reveals effects of the action that may 
                                affect listed species or critical 
                                habitat in a manner or to an extent not 
                                previously considered; or
                                    ``(IV) whether the identified 
                                action is subsequently modified in a 
                                manner that causes an effect to the 
                                listed species or critical habitat that 
                                was not considered in the biological 
                                opinion; or
                            ``(ii) any provision of a land management 
                        plan adopted as described in clause (i).
                    ``(B) Effect of paragraph.--Nothing in this 
                paragraph affects any applicable requirement of the 
                Secretary to consult with the head of any other Federal 
                department or agency--
                            ``(i) regarding any project, including a 
                        project carried out, or proposed to be carried 
                        out, in an area designated as critical habitat 
                        pursuant to the Endangered Species Act (16 
                        U.S.C. 1531 et seq.); or
                            ``(ii) with respect to the development of 
                        an amendment to a land management plan that 
                        would result in a significant change in the 
                        land management plan.
            ``(3) Land management plan considered a non-discretionary 
        action.--For purposes of the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.), a forest management activity carried out 
        by the Secretary concerned pursuant to this Act shall be 
        considered a non-discretionary action.''.

                       TITLE VIII--MISCELLANEOUS

                Subtitle A--Forest Management Provisions

SEC. 801. CLARIFICATION OF EXISTING CATEGORICAL EXCLUSION AUTHORITY 
              RELATED TO INSECT AND DISEASE INFESTATION.

    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, Fire Regime IV, or Fire Regime V''.

SEC. 802. REVISION OF ALTERNATE CONSULTATION AGREEMENT REGULATIONS.

    Not later than 90 days after the date of the enactment of this 
section, the Secretary of the Interior and the Secretary of Commerce 
shall revise section 402.13 of title 50, Code of Federal Regulations, 
to--
            (1) authorize Federal agencies to enter into alternative 
        consultation agreements under which the Federal agency may 
        determine if an action such agency authorizes is likely to 
        adversely affect listed species or critical habitat; and
            (2) if an agency determines such action will not likely 
        adversely affect listed species or critical habitat pursuant to 
        paragraph (1), not require such agency to complete a formal 
        consultation, informal consultation, or written concurrence of 
        the U.S. Fish and Wildlife Service or the National Marine 
        Fisheries Service with respect to such action.

SEC. 803. REVISION OF EXTRAORDINARY CIRCUMSTANCES REGULATIONS.

    (a) Determinations of Extraordinary Circumstances.--In determining 
whether extraordinary circumstances related to a proposed action 
preclude use of a categorical exclusion, the Forest Service shall not 
be required to--
            (1) consider whether a proposed action is within a 
        potential wilderness area;
            (2) consider whether a proposed action affects a Forest 
        Service sensitive species;
            (3) conduct an analysis under section 220.4(f) of title 36, 
        Code of Federal Regulations, of the proposed action's 
        cumulative impact (as the term is defined in section 1508.7 of 
        title 40, Code of Federal Regulations);
            (4) consider a determination under section 7 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1536) that a proposed 
        action may affect, but is not likely to adversely affect, 
        threatened, endangered, or candidate species, or designated 
        critical habitats; or
            (5) consider a determination under section 7 of the 
        Endangered Species Act of 1973 (16 U.S.C. 1536) that a proposed 
        action may affect, and is likely to adversely affect 
        threatened, endangered, candidate species, or designated 
        critical habitat if the agency is in compliance with the 
        applicable provisions of the biological opinion.
    (b) Proposed Rulemaking.--Not later than 60 days after the date of 
enactment of this Act, the Secretary of Agriculture shall publish a 
notice of proposed rulemaking to revise section 220.6(b) of title 36, 
Code of Federal Regulations to conform such section with subsection 
(a).
    (c) Additional Revision.--As part of the proposed rulemaking 
described in subsection (b), the Secretary of Agriculture shall revise 
section 220.5(a)(2) of title 36, Code of Federal Regulations, to 
provide that the Forest Service shall not be required to consider 
proposals that would substantially alter a potential wilderness area as 
a class of actions normally requiring environmental impact statements.
    (d) Additional Actions.--Not later than 120 days after the date of 
enactment of this Act, the Secretary of Agriculture shall issue final 
regulations to carry out the revisions described in subsections (b) and 
(c).

SEC. 804. CONDITIONS ON FOREST SERVICE ROAD DECOMMISSIONING.

    (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--
            (1) consult with the government of the county containing 
        the road regarding the merits and possible consequences of 
        decommissioning the road; and
            (2) solicit possible alternatives to decommissioning the 
        road.
    (b) Period Prior to Decommission.--A Forest Service road described 
in subsection (a) may not be decommissioned without the advance 
approval of the Regional Forester.

SEC. 805. PROHIBITION ON APPLICATION OF EASTSIDE SCREENS REQUIREMENTS 
              ON NATIONAL FOREST SYSTEM LANDS.

    (a) Repeal of Eastside Screens Requirements.--Notwithstanding any 
other provision of law, the Secretary of Agriculture shall immediately 
withdraw the 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.
    (b) Effect of Repeal.--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 repealed under subsection (a).

SEC. 806. USE OF SITE-SPECIFIC FOREST PLAN AMENDMENTS FOR CERTAIN 
              PROJECTS AND ACTIVITIES.

    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.

SEC. 807. KNUTSON-VANDENBERG ACT MODIFICATIONS.

    (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''.
    (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--
            (1) by striking ``Such deposits'' and inserting the 
        following:
    ``(b) Amounts deposited under subsection (a)'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting before subsection (d), as so redesignated, 
        the following new subsection (c):
    ``(c)(1) Amounts in the special fund established pursuant to this 
section--
            ``(A) shall be used exclusively to implement activities 
        authorized by subsection (a); and
            ``(B) may be used anywhere within the Forest Service Region 
        from which the original deposits were collected.
    ``(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).''.

SEC. 808. APPLICATION OF NORTHWEST FOREST PLAN SURVEY AND MANAGE 
              MITIGATION MEASURE STANDARD AND GUIDELINES.

    The Northwest Forest Plan Survey and Manage Mitigation Measure 
Standard and Guidelines shall not apply to any National Forest System 
lands or public lands.

SEC. 809. RECONSTRUCTION AND REPAIR INCLUDED IN GOOD NEIGHBOR 
              AGREEMENTS.

    Section 8206(a)(3) of the Agricultural Act of 2014 (16 U.S.C. 
2113a(a)(3)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (ii), by striking ``and'';
                    (B) by redesignating clause (iii) as clause (iv); 
                and
                    (C) by inserting after clause (ii) the following 
                new clause:
                            ``(iii) construction, reconstruction, 
                        repair or restoration of roads as necessary to 
                        achieve project objectives; and''; and
            (2) by amending subparagraph (B) to read as follows:
                    ``(B) Exclusions.--The term `forest, rangeland, and 
                watershed restoration services' does not include 
                construction, alteration, repair or replacement of 
                public buildings or works.''.

  Subtitle B--Oregon and California Railroad Grant Lands and Coos Bay 
                         Wagon Road Grant Lands

SEC. 811. AMENDMENTS TO THE ACT OF AUGUST 28, 1937.

    The first section of the Act of August 28, 1937 (50 Stat. 874; 43 
U.S.C. 2601 et seq.), is amended--
            (1) by striking ``principal of sustained yield'' and 
        inserting ``principle of sustained yield'';
            (2) by striking ``facilties'' and inserting ``facilities''; 
        and
            (3) by striking ``That timber from said lands in an 
        amount'' and inserting ``That timber from said lands in the 
        amount that is the greater of:''.

SEC. 812. OREGON AND CALIFORNIA RAILROAD GRANT LANDS AND COOS BAY WAGON 
              ROAD GRANT LANDS PERMANENT RIGHTS OF ACCESS.

    (a) Creation of Permanent Rights of Access Required.--
Notwithstanding any other provision of law, on the date of the 
enactment of this section, reciprocal road right-of-way permits, 
grants, and agreements issued to a private landowner by the Secretary 
of the Interior pursuant to subpart 2812 of part 2810 of title 43, Code 
of Federal Regulations, or its predecessor regulation shall become 
permanent rights of access that are recordable and that shall run with 
the land.
    (b) Records Updated.--Not later than 60 days after the date of the 
enactment of this Act, the reciprocal road right-of-way permits, 
grants, and agreements described in subsection (a) shall be amended to 
reflect the permanent rights of access required under subsection (a) 
and recorded by the Secretary of the Interior in each county where the 
lands are located. No other amendments shall be made to such right-of-
way permits, grants, and agreements.

SEC. 813. MANAGEMENT OF BUREAU OF LAND MANAGEMENT LANDS IN WESTERN 
              OREGON.

    (a) In General.--All of the public land managed by the Bureau of 
Land Management in the Northwest 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 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).
    (b) Certain Exclusions.--
            (1) Certain lands excluded.--Subsection (a) does not apply 
        to--
                    (A) the Yaquina Head Outstanding Natural Area 
                established under section 119 of Public Law 96-199 (43 
                U.S.C. 1783);
                    (B) lands managed under the Wild and Scenic Rivers 
                Act (16 U.S.C. 1271 et seq.);
                    (C) lands managed under the Wilderness Act (16 
                U.S.C. 1131 et seq.); and
                    (D) lands managed under the National Trails System 
                Act (16 U.S.C. 1241 et seq.).
            (2) Certain revenue 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. 2621-2624).
                                 <all>
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