I 

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. 

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


kjohnson on DSK79L0C42 with BILLS
2 

•HR 2607 IH

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Resilient Federal Forests Act of 2019’’. 

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

5 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 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 2607 IH

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 SELFDETERMINATION 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. 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 2607 IH

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. 

1 SEC. 2. DEFINITIONS. 

2 In titles I through IX: 

3 (1) CATASTROPHIC EVENT.—The term ‘‘cata4 strophic event’’ means any natural disaster (such as 

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

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

7 wave, earthquake, volcanic eruption, landslide, 

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

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

10 (2) COLLABORATIVE PROCESS.—The term ‘‘col11 laborative process’’ refers to a process relating to the 

12 management of National Forest System lands or 

13 public lands by which a project or forest manage14 ment activity is developed and implemented by the 

15 Secretary concerned through collaboration with in16 terested persons, as described in section 

17 603(b)(1)(C) of the Healthy Forests Restoration Act 

18 of 2003 (16 U.S.C. 6591b(b)(1)(C)). 

19 (3) COMMUNITY WILDFIRE PROTECTION

20 PLAN.—The term ‘‘community wildfire protection 

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


kjohnson on DSK79L0C42 with BILLS
5 

•HR 2607 IH

1 101 of the Healthy Forests Restoration Act of 2003 

2 (16 U.S.C. 6511). 

3 (4) COOS BAY WAGON ROAD GRANT LANDS.— 

4 The term ‘‘Coos Bay Wagon Road Grant lands’’ 

5 means the lands reconveyed to the United States 

6 pursuant to the first section of the Act of February 

7 26, 1919 (40 Stat. 1179). 

8 (5) FOREST MANAGEMENT ACTIVITY.—The 

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

10 or activity carried out by the Secretary concerned on 

11 National Forest System lands or public lands con12 sistent with the forest plan covering the lands. 

13 (6) FOREST PLAN.—The term ‘‘forest plan’’ 

14 means— 

15 (A) a land use plan prepared by the Bu16 reau of Land Management for public lands pur17 suant to section 202 of the Federal Land Policy 

18 and Management Act of 1976 (43 U.S.C. 

19 1712); or 

20 (B) a land and resource management plan 

21 prepared by the Forest Service for a unit of the 

22 National Forest System pursuant to section 6 

23 of the Forest and Rangeland Renewable Re24 sources Planning Act of 1974 (16 U.S.C. 

25 1604). 


kjohnson on DSK79L0C42 with BILLS
6 

•HR 2607 IH

1 (7) LARGE-SCALE CATASTROPHIC EVENT.—The 

2 term ‘‘large-scale catastrophic event’’ means a cata3 strophic event that adversely impacts at least 5,000 

4 acres of reasonably contiguous National Forest Sys5 tem lands or public lands, as determined by the Sec6 retary concerned. 

7 (8) NATIONAL FOREST SYSTEM.—The term 

8 ‘‘National Forest System’’ has the meaning given 

9 that term in section 11(a) of the Forest and Range10 land Renewable Resources Planning Act of 1974 (16 

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

12 (9) OREGON AND CALIFORNIA RAILROAD GRANT

13 LANDS.—The term ‘‘Oregon and California Railroad 

14 Grant lands’’ means the following lands: 

15 (A) All lands in the State of Oregon re16 vested in the United States under the Act of 

17 June 9, 1916 (39 Stat. 218), that are adminis18 tered by the Secretary of the Interior, acting 

19 through the Bureau of Land Management, pur20 suant to the first section of the Act of August 

21 28, 1937 (43 U.S.C. 1181a). 

22 (B) All lands in that State obtained by the 

23 Secretary of the Interior pursuant to the land 

24 exchanges authorized and directed by section 2 

25 of the Act of June 24, 1954 (43 U.S.C. 1181h). 


kjohnson on DSK79L0C42 with BILLS
7 

•HR 2607 IH

1 (C) All lands in that State acquired by the 

2 United States at any time and made subject to 

3 the provisions of title II of the Act of August 

4 28, 1937 (43 U.S.C. 1181f). 

5 (10) PUBLIC LANDS.—The term ‘‘public lands’’ 

6 has the meaning given that term in section 103 of 

7 the Federal Land Policy and Management Act of 

8 1976 (43 U.S.C. 1702), except that the term in9 cludes Coos Bay Wagon Road Grant lands and Or10 egon and California Railroad Grant lands. 

11 (11) REFORESTATION ACTIVITY.—The term 

12 ‘‘reforestation activity’’ means a project or forest 

13 management activity carried out by the Secretary 

14 concerned whose primary purpose is the reforest15 ation of impacted lands following a large-scale cata16 strophic event. The term includes planting, evalu17 ating and enhancing natural regeneration, clearing 

18 competing vegetation, and other activities related to 

19 reestablishment of forest species on the impacted 

20 lands. 

21 (12) RESOURCE ADVISORY COMMITTEE.—The 

22 term ‘‘resource advisory committee’’ has the mean23 ing given that term in section 201 of the Secure 

24 Rural Schools and Community Self-Determination 

25 Act of 2000 (16 U.S.C. 7121). 


kjohnson on DSK79L0C42 with BILLS
8 

•HR 2607 IH

1 (13) SALVAGE OPERATION.—The term ‘‘salvage 

2 operation’’ means a forest management activity and 

3 restoration activities carried out in response to a 

4 catastrophic event where the primary purpose is— 

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

6 catastrophic event, or, if the catastrophic event 

7 was wildfire, to prevent a re-burn of the fire-im8 pacted area; 

9 (B) to provide an opportunity for utiliza10 tion of forest materials damaged as a result of 

11 the catastrophic event; or 

12 (C) to provide a funding source for refor13 estation and other restoration activities for the 

14 National Forest System lands or public lands 

15 impacted by the catastrophic event. 

16 (14) SECRETARY CONCERNED.—The term 

17 ‘‘Secretary concerned’’ means— 

18 (A) the Secretary of Agriculture, with re19 spect to National Forest System lands; and 

20 (B) the Secretary of the Interior, with re21 spect to public lands. 

22 SEC. 3. RULE OF APPLICATION FOR NATIONAL FOREST 

23 SYSTEM LANDS AND PUBLIC LANDS. 

24 Unless specifically provided by a provision of titles 

25 I through IX, the authorities provided by such titles do 


kjohnson on DSK79L0C42 with BILLS
9 

•HR 2607 IH

1 not apply with respect to any National Forest System 

2 lands or public lands— 

3 (1) that are included in the National Wilderness 

4 Preservation System; 

5 (2) that are located within a national or State6 specific inventoried roadless area established by the 

7 Secretary of Agriculture through regulation, un8 less— 

9 (A) the forest management activity to be 

10 carried out under such authority is consistent 

11 with the forest plan applicable to the area; or 

12 (B) the Secretary concerned determines 

13 the activity is allowed under the applicable 

14 roadless rule governing such lands; or 

15 (3) on which timber harvesting for any purpose 

16 is prohibited by Federal statute. 


kjohnson on DSK79L0C42 with BILLS
10 

•HR 2607 IH

1 TITLE I—EXPEDITED ENVIRON2 MENTAL ANALYSIS AND 

3 AVAILABILITY OF CATEGOR4 ICAL EXCLUSIONS TO EXPE5 DITE FOREST MANAGEMENT 

6 ACTIVITIES 

7 Subtitle A—Analysis of Proposed 

8 Collaborative Forest Manage9 ment Activities 

10 SEC. 101. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION 

11 VERSUS NO ACTION) IN PROPOSED COLLABO12 RATIVE FOREST MANAGEMENT ACTIVITIES. 

13 (a) APPLICATION TO CERTAIN ENVIRONMENTAL AS14 SESSMENTS AND ENVIRONMENTAL IMPACT STATE15 MENTS.—This section shall apply whenever the Secretary 

16 concerned prepares an environmental assessment or an en17 vironmental impact statement pursuant to section 102 of 

18 the National Environmental Policy Act of 1969 (42 U.S.C. 

19 4332) for a forest management activity that— 

20 (1) is developed through a collaborative process; 

21 (2) is proposed by a resource advisory com22 mittee; 

23 (3) will occur on lands identified by the Sec24 retary concerned as suitable for timber production; 


kjohnson on DSK79L0C42 with BILLS
11 

•HR 2607 IH

1 (4) will occur on lands designated by the Sec2 retary (or designee thereof) pursuant to section 

3 602(b) of the Healthy Forests Restoration Act of 

4 2003 (16 U.S.C. 6591a(b)), notwithstanding wheth5 er such forest management activity is initiated prior 

6 to the date of enactment of this Act; or 

7 (5) is covered by a community wildfire protec8 tion plan. 

9 (b) CONSIDERATION OF ALTERNATIVES.—In an envi10 ronmental assessment or environmental impact statement 

11 described in subsection (a), the Secretary concerned shall 

12 study, develop, and describe only the following two alter13 natives: 

14 (1) The forest management activity. 

15 (2) The alternative of no action. 

16 (c) ELEMENTS OF NO ACTION ALTERNATIVE.—In 

17 the case of the alternative of no action, the Secretary con18 cerned shall consider whether to evaluate— 

19 (1) the effect of no action on— 

20 (A) forest health; 

21 (B) habitat diversity; 

22 (C) wildfire potential; 

23 (D) insect and disease potential; and 

24 (E) timber production; and 


kjohnson on DSK79L0C42 with BILLS
12 

•HR 2607 IH

1 (2) the implications of a resulting decline in 

2 forest health, loss of habitat diversity, wildfire, or in3 sect or disease infestation, given fire and insect and 

4 disease historic cycles, on— 

5 (A) domestic water supply in the project 

6 area; 

7 (B) wildlife habitat loss; and 

8 (C) other economic and social factors. 

9 Subtitle B—Categorical Exclusions 

10 SEC. 111. CATEGORICAL EXCLUSION TO EXPEDITE CER11 TAIN CRITICAL RESPONSE ACTIONS. 

12 (a) CATEGORICAL EXCLUSION ESTABLISHED.—For13 est management activities described in subsection (b) are 

14 a category of actions hereby designated as being categori15 cally excluded from the preparation of an environmental 

16 assessment or an environmental impact statement under 

17 section 102 of the National Environmental Policy Act of 

18 1969 (42 U.S.C. 4332). 

19 (b) FOREST MANAGEMENT ACTIVITIES DESIGNATED

20 FOR CATEGORICAL EXCLUSION.—The forest management 

21 activities designated under this section for a categorical 

22 exclusion are forest management activities carried out by 

23 the Secretary concerned on National Forest System lands 

24 or public lands where the primary purpose of such activity 

25 is— 


kjohnson on DSK79L0C42 with BILLS
13 

•HR 2607 IH

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

2 (2) to reduce hazardous fuel loads; 

3 (3) to protect a municipal water source; 

4 (4) to maintain, enhance, or modify critical 

5 habitat to protect it from catastrophic disturbances; 

6 (5) to increase water yield; 

7 (6) to facilitate native species restoration; or 

8 (7) any combination of the purposes specified in 

9 paragraphs (1) through (6). 

10 (c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 

11 On and after the date of the enactment of this Act, the 

12 Secretary concerned may use the categorical exclusion es13 tablished under subsection (a) in accordance with this sec14 tion. 

15 (d) ACREAGE LIMITATIONS.— 

16 (1) IN GENERAL.—Except in the case of a for17 est management activity described in paragraph (2), 

18 a forest management activity covered by the categor19 ical exclusion established under subsection (a) may 

20 not contain treatment units exceeding a total of 

21 10,000 acres. 

22 (2) LARGER AREAS AUTHORIZED.—A forest 

23 management activity covered by the categorical ex24 clusion established under subsection (a) may contain 

25 treatment units exceeding a total of 10,000 acres 


kjohnson on DSK79L0C42 with BILLS
14 

•HR 2607 IH

1 but not more than a total of 30,000 acres if the for2 est management activity— 

3 (A) is developed through a collaborative 

4 process; 

5 (B) is proposed by a resource advisory 

6 committee; or 

7 (C) is covered by a community wildfire 

8 protection plan. 

9 SEC. 112. CATEGORICAL EXCLUSION TO EXPEDITE SAL10 VAGE OPERATIONS IN RESPONSE TO CATA11 STROPHIC EVENTS. 

12 (a) CATEGORICAL EXCLUSION ESTABLISHED.—Sal13 vage operations carried out by the Secretary concerned on 

14 National Forest System lands or public lands are a cat15 egory of actions hereby designated as being categorically 

16 excluded from the preparation of an environmental assess17 ment or an environmental impact statement under section 

18 102 of the National Environmental Policy Act of 1969 (42 

19 U.S.C. 4332). 

20 (b) AVAILABILITY OF CATEGORICAL EXCLUSION.— 

21 On and after the date of the enactment of this Act, the 

22 Secretary concerned may use the categorical exclusion es23 tablished under subsection (a) in accordance with this sec24 tion. 


kjohnson on DSK79L0C42 with BILLS
15 

•HR 2607 IH

1 (c) ACREAGE LIMITATION.—A salvage operation cov2 ered by the categorical exclusion established under sub3 section (a) may not contain treatment units exceeding a 

4 total of 10,000 acres. 

5 (d) ADDITIONAL REQUIREMENTS.— 

6 (1) STREAM BUFFERS.—A salvage operation 

7 covered by the categorical exclusion established 

8 under subsection (a) shall comply with the standards 

9 and guidelines for stream buffers contained in the 

10 applicable forest plan unless waived by the Regional 

11 Forester, in the case of National Forest System 

12 lands, or the State Director of the Bureau of Land 

13 Management, in the case of public lands. 

14 (2) REFORESTATION PLAN.—A reforestation 

15 plan shall be developed under section 3 of the Act 

16 of June 9, 1930 (commonly known as the Knutson17 Vandenberg Act; 16 U.S.C. 576b), as part of a sal18 vage operation covered by the categorical exclusion 

19 established under subsection (a). 

20 SEC. 113. CATEGORICAL EXCLUSION TO MEET FOREST 

21 PLAN GOALS FOR EARLY SUCCESSIONAL 

22 FORESTS. 

23 (a) CATEGORICAL EXCLUSION ESTABLISHED.—For24 est management activities described in subsection (b) are 

25 a category of actions hereby designated as being categoriVerDate Sep 11 2014 22:45 May 16, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2607.IH H2607

kjohnson on DSK79L0C42 with BILLS
16 

•HR 2607 IH

1 cally excluded from the preparation of an environmental 

2 assessment or an environmental impact statement under 

3 section 102 of the National Environmental Policy Act of 

4 1969 (42 U.S.C. 4332). 

5 (b) FOREST MANAGEMENT ACTIVITIES DESIGNATED

6 FOR CATEGORICAL EXCLUSION.—The forest management 

7 activities designated under this section for a categorical 

8 exclusion are forest management activities carried out by 

9 the Secretary concerned on National Forest System lands 

10 or public lands where the primary purpose of such activity 

11 is to modify, improve, enhance, or create early successional 

12 forests for wildlife habitat improvement and other pur13 poses, consistent with the applicable forest plan. 

14 (c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 

15 On and after the date of the enactment of this Act, the 

16 Secretary concerned may use the categorical exclusion es17 tablished under subsection (a) in accordance with this sec18 tion. 

19 (d) PROJECT GOALS.—To the maximum extent prac20 ticable, the Secretary concerned shall design a forest man21 agement activity under this section to meet early succes22 sional forest goals in such a manner so as to maximize 

23 production and regeneration of priority species, as identi24 fied in the forest plan and consistent with the capability 

25 of the activity site. 


kjohnson on DSK79L0C42 with BILLS
17 

•HR 2607 IH

1 (e) ACREAGE LIMITATIONS.—A forest management 

2 activity covered by the categorical exclusion established 

3 under subsection (a) may not contain treatment units ex4 ceeding a total of 10,000 acres. 

5 SEC. 114. CATEGORICAL EXCLUSION FOR ROAD SIDE 

6 PROJECTS. 

7 (a) CATEGORICAL EXCLUSION ESTABLISHED.— 

8 Projects carried out by the Secretary concerned to remove 

9 hazard trees or to salvage timber for purposes of the pro10 tection of public health or safety, water supply, or public 

11 infrastructure are a category of actions hereby designated 

12 as being categorically excluded from the preparation of an 

13 environmental assessment or an environmental impact 

14 statement under section 102 of the National Environ15 mental Policy Act of 1969 (42 U.S.C. 4332). 

16 (b) AVAILABILITY OF CATEGORICAL EXCLUSION.— 

17 On and after the date of the enactment of this Act, the 

18 Secretary concerned may use the categorical exclusion es19 tablished under subsection (a) in accordance with this sec20 tion. 

21 (c) HEALTHY FORESTS RESTORATION ACT RE22 QUIREMENTS.— 

23 (1) ADMINISTRATIVE REVIEW.—A project that 

24 is categorically excluded under this section shall be 

25 subject to the requirements of subsections (d), (e), 


kjohnson on DSK79L0C42 with BILLS
18 

•HR 2607 IH

1 and (f) of section 603 of the Healthy Forests Res2 toration Act of 2003 (16 U.S.C. 6591). 

3 (2) HAZARDOUS FUEL REDUCTION ON FED4 ERAL LAND.—A project that is categorically ex5 cluded under this section shall be subject to the re6 quirements of sections 102, 104, 105, and 106 of 

7 title I of the Healthy Forests Restoration Act of 

8 2003 (16 U.S.C. 6511 et seq.). 

9 SEC. 115. CATEGORICAL EXCLUSION TO IMPROVE OR RE10 STORE NATIONAL FOREST SYSTEM LANDS OR 

11 PUBLIC LAND OR REDUCE THE RISK OF 

12 WILDFIRE. 

13 (a) CATEGORICAL EXCLUSION ESTABLISHED.—For14 est management activities described in subsection (b) are 

15 a category of actions hereby designated as being categori16 cally excluded from the preparation of an environmental 

17 assessment or an environmental impact statement under 

18 section 102 of the National Environmental Policy Act of 

19 1969 (42 U.S.C. 4332). 

20 (b) FOREST MANAGEMENT ACTIVITIES DESIGNATED

21 FOR CATEGORICAL EXCLUSION.— 

22 (1) DESIGNATION.—The forest management ac23 tivities designated under this section for a categor24 ical exclusion are forest management activities de25 scribed in paragraph (2) that are carried out by the 


kjohnson on DSK79L0C42 with BILLS
19 

•HR 2607 IH

1 Secretary concerned on National Forest System 

2 Lands or public lands where the primary purpose of 

3 such activity is to improve or restore such lands or 

4 reduce the risk of wildfire on those lands. 

5 (2) ACTIVITIES AUTHORIZED.—The follow ac6 tivities may be carried out pursuant to the categor7 ical exclusion established under subsection (a): 

8 (A) Removal of juniper trees, medusahead 

9 rye, conifer trees, pin ̃on pine trees, cheatgrass, 

10 and other noxious or invasive weeds specified on 

11 Federal or State noxious weeds lists through 

12 late-season livestock grazing, targeted livestock 

13 grazing, prescribed burns, and mechanical 

14 treatments. 

15 (B) Performance of hazardous fuels man16 agement. 

17 (C) Creation of fuel and fire breaks. 

18 (D) Modification of existing fences in order 

19 to distribute livestock and help improve wildlife 

20 habitat. 

21 (E) Installation of erosion control devices. 

22 (F) Construction of new and maintenance 

23 of permanent infrastructure, including stock 

24 ponds, water catchments, and water spring 


kjohnson on DSK79L0C42 with BILLS
20 

•HR 2607 IH

1 boxes used to benefit livestock and improve 

2 wildlife habitat. 

3 (G) Performance of soil treatments, native 

4 and non-native seeding, and planting of and 

5 transplanting sagebrush, grass, forb, shrub, and 

6 other species. 

7 (H) Use of herbicides, so long as the Sec8 retary concerned determines that the activity is 

9 otherwise conducted consistently with agency 

10 procedures, including any forest plan applicable 

11 to the area covered by the activity. 

12 (c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 

13 On and after the date of the enactment of this Act, the 

14 Secretary concerned may use the categorical exclusion es15 tablished under subsection (a) in accordance with this sec16 tion. 

17 (d) ACREAGE LIMITATIONS.—A forest management 

18 activity covered by the categorical exclusion established 

19 under subsection (a) may not exceed 10,000 acres. 

20 (e) DEFINITIONS.—In this section: 

21 (1) HAZARDOUS FUELS MANAGEMENT.—The 

22 term ‘‘hazardous fuels management’’ means any 

23 vegetation management activities that reduce the 

24 risk of wildfire. 


kjohnson on DSK79L0C42 with BILLS
21 

•HR 2607 IH

1 (2) LATE-SEASON GRAZING.—The term ‘‘late2 season grazing’’ means grazing activities that occur 

3 after both the invasive species and native perennial 

4 species have completed their current-year annual 

5 growth cycle until new plant growth begins to ap6 pear in the following year. 

7 (3) TARGETED LIVESTOCK GRAZING.—The 

8 term ‘‘targeted livestock grazing’’ means grazing 

9 used for purposes of hazardous fuel reduction. 

10 SEC. 116. TREATMENT AREAS. 

11 Section 602 of the Healthy Forests Restoration Act 

12 of 2003 (16 U.S.C. 6591a) is amended— 

13 (1) in the heading, by striking ‘‘DESIGNATION

14 OF’’; 

15 (2) by amending subsection (a) to read as fol16 lows: 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) COOS BAY WAGON ROAD GRANT LANDS.— 

19 The term ‘Coos Bay Wagon Road Grant lands’ 

20 means the lands reconveyed to the United States 

21 pursuant to the first section of the Act of February 

22 26, 1919 (40 Stat. 1179). 

23 ‘‘(2) DECLINING FOREST HEALTH.—The term 

24 ‘declining forest health’ means a qualified forest that 

25 is experiencing— 


kjohnson on DSK79L0C42 with BILLS
22 

•HR 2607 IH

1 ‘‘(A) substantially increased tree mortality 

2 due to insect or disease infestation; or 

3 ‘‘(B) dieback due to infestation or defolia4 tion by insects or disease. 

5 ‘‘(3) OREGON AND CALIFORNIA RAILROAD

6 GRANT LANDS.—The term ‘Oregon and California 

7 Railroad Grant lands’ means the following lands: 

8 ‘‘(A) All lands in the State of Oregon re9 vested in the United States under the Act of 

10 June 9, 1916 (39 Stat. 218), that are adminis11 tered by the Secretary of the Interior, acting 

12 through the Bureau of Land Management, pur13 suant to the first section of the Act of August 

14 28, 1937 (43 U.S.C. 1181a). 

15 ‘‘(B) All lands in that State obtained by 

16 the Secretary of the Interior pursuant to the 

17 land exchanges authorized and directed by sec18 tion 2 of the Act of June 24, 1954 (43 U.S.C. 

19 1181h). 

20 ‘‘(C) All lands in that State acquired by 

21 the United States at any time and made subject 

22 to the provisions of title II of the Act of August 

23 28, 1937 (43 U.S.C. 1181f). 

24 ‘‘(4) PUBLIC LANDS.—The term ‘public lands’ 

25 has the meaning given that term in section 103 of 


kjohnson on DSK79L0C42 with BILLS
23 

•HR 2607 IH

1 the Federal Land Policy and Management Act of 

2 1976 (43 U.S.C. 1702), except that the term in3 cludes Coos Bay Wagon Road Grant lands and Or4 egon and California Railroad Grant lands. 

5 ‘‘(5) QUALIFIED FOREST.—The term ‘qualified 

6 forest’ means a forest located in— 

7 ‘‘(A) National Forest System lands; or 

8 ‘‘(B) public lands. 

9 ‘‘(6) SECRETARY CONCERNED.—The term ‘Sec10 retary concerned’ means— 

11 ‘‘(A) with respect to National Forest Sys12 tem lands, the Secretary of Agriculture; and 

13 ‘‘(B) with respect to public lands, the Sec14 retary of the Interior.’’; 

15 (3) by amending subsection (b) to read as fol16 lows: 

17 ‘‘(b) AUTHORITY.—The Secretary concerned may 

18 carry out insect and disease treatment programs in a 

19 qualified forest that meets the requirements specified in 

20 subsection (c).’’; 

21 (4) in subsection (c), by striking ‘‘To be des22 ignated a landscape-scale area under subsection (b), 

23 the area shall be’’ and inserting ‘‘The Secretary con24 cerned may only carry out projects under subsection 

25 (b) in a qualified forest that is’’; and 


kjohnson on DSK79L0C42 with BILLS
24 

•HR 2607 IH

1 (5) in subsection (d)(1), by striking ‘‘on Fed2 eral land in the areas designated’’. 

3 SEC. 117. ADMINISTRATIVE REVIEW. 

4 Section 603(c) of the Healthy Forests Restoration 

5 Act of 2003 (16 U.S.C. 6591b(c)) is amended— 

6 (1) in paragraph (1), by striking ‘‘3000 acres’’ 

7 and inserting ‘‘10,000 acres’’; and 

8 (2) in paragraph (2)(B), by striking ‘‘Fire Re9 gime Groups I, II, or III,’’ and inserting ‘‘Fire Re10 gime I, Fire Regime II, Fire Regime III, Fire Re11 gime IV, or Fire Regime V,’’. 

12 SEC. 118. WILDFIRE RESILIENCE PROJECTS. 

13 Section 605(c) of the Healthy Forests Restoration 

14 Act of 2003 (16 U.S.C. 6591d(c)) is amended— 

15 (1) in paragraph (1), by striking ‘‘3000 acres’’ 

16 and inserting ‘‘10,000 acres’’; and 

17 (2) in paragraph (2)(B), by striking ‘‘Fire Re18 gime Groups I, II, or III’’ and inserting ‘‘Fire Re19 gime I, Fire Regime II, Fire Regime III, Fire Re20 gime IV, or Fire Regime V’’. 

21 Subtitle C—General Provisions for 

22 Forest Management Activities 

23 SEC. 121. COMPLIANCE WITH FOREST PLANS. 

24 A forest management activity carried out pursuant 

25 to this Act shall be conducted in a manner consistent with 


kjohnson on DSK79L0C42 with BILLS
25 

•HR 2607 IH

1 the forest plan applicable to the National Forest System 

2 land or public lands covered by the forest management ac3 tivity. 

4 SEC. 122. CONSULTATION UNDER THE NATIONAL HISTORIC 

5 PRESERVATION ACT. 

6 (a) IN GENERAL.—Not later than 12 months after 

7 the date of enactment of this Act, the Secretary concerned 

8 shall each develop, in consultation with relevant consulting 

9 parties, a programmatic agreement or other appropriate 

10 program alternative pursuant to section 800.14 of title 36, 

11 Code of Federal Regulations, or successor regulation, for 

12 expediting reviews under section 306108 of title 54, 

13 United States Code, for forest management activities car14 ried out pursuant to this Act. 

15 (b) REQUIREMENT.—A programmatic agreement or 

16 other program alternative developed under subsection (a) 

17 shall incorporate the concepts of phased identification and 

18 evaluation set forth in section 800.4(b)(2) of title 36, Code 

19 of Federal Regulations, or successor regulation. 

20 SEC. 123. CONSULTATION UNDER THE ENDANGERED SPE21 CIES ACT. 

22 (a) NO CONSULTATION IF ACTION NOT LIKELY TO

23 ADVERSELY AFFECT A LISTED SPECIES OR DESIGNATED

24 CRITICAL HABITAT.—With respect to a forest manage25 ment activity carried out pursuant to this Act, consultaVerDate Sep 11 2014 22:45 May 16, 2019 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2607.IH H2607

kjohnson on DSK79L0C42 with BILLS
26 

•HR 2607 IH

1 tion under section 7 of the Endangered Species Act of 

2 1973 (16 U.S.C. 1536) shall not be required if the Sec3 retary concerned determines that the such forest manage4 ment activity is not likely to adversely affect a listed spe5 cies or designated critical habitat. 

6 (b) EXPEDITED CONSULTATION.— 

7 (1) IN GENERAL.—With respect to a forest 

8 management activity carried out pursuant to this 

9 Act, consultation required under section 7 of the En10 dangered Species Act of 1973 (16 U.S.C. 1536) 

11 shall be concluded within the 90-day period begin12 ning on the date on which such consultation was re13 quested by the Secretary concerned. 

14 (2) NO CONCLUSION.—In the case of a con15 sultation described in paragraph (1) that is not con16 cluded within the 90-day period, the forest manage17 ment activity for which such consultation was initi18 ated— 

19 (A) shall be considered to have not violated 

20 section 7 of the Endangered Species Act of 

21 1973 (16 U.S.C. 1536(a)(2)); and 

22 (B) may be carried out. 


kjohnson on DSK79L0C42 with BILLS
27 

•HR 2607 IH

1 SEC. 124. FOREST MANAGEMENT ACTIVITIES CONSIDERED 

2 NON-DISCRETIONARY ACTIONS. 

3 For purposes of the Endangered Species Act of 1973 

4 (16 U.S.C. 1531 et seq.), a forest management activity 

5 carried out by the Secretary concerned pursuant to this 

6 Act shall be considered a non-discretionary action. 

7 TITLE II—SALVAGE AND REFOR8 ESTATION IN RESPONSE TO 

9 CATASTROPHIC EVENTS 

10 SEC. 201. EXPEDITED SALVAGE OPERATIONS AND REFOR11 ESTATION ACTIVITIES FOLLOWING LARGE12 SCALE CATASTROPHIC EVENTS. 

13 (a) EXPEDITED ENVIRONMENTAL ASSESSMENT.— 

14 Notwithstanding any other provision of law, an environ15 mental assessment prepared by the Secretary concerned 

16 pursuant to section 102 of the National Environmental 

17 Policy Act of 1969 (42 U.S.C. 4332) for a salvage oper18 ation or reforestation activity proposed to be conducted 

19 on National Forest System lands or public lands adversely 

20 impacted by a large-scale catastrophic event shall be com21 pleted within 60 days after the conclusion of the cata22 strophic event. 

23 (b) EXPEDITED IMPLEMENTATION AND COMPLE24 TION.—In the case of reforestation activities conducted on 

25 National Forest System lands or public lands adversely 

26 impacted by a large-scale catastrophic event, the Secretary 


kjohnson on DSK79L0C42 with BILLS
28 

•HR 2607 IH

1 concerned shall, to the maximum extent practicable, 

2 achieve reforestation of at least 75 percent of the impacted 

3 lands during the 5-year period following the conclusion of 

4 the catastrophic event. 

5 (c) AVAILABILITY OF KNUTSON-VANDENBERG

6 FUNDS.—Amounts in the special fund established pursu7 ant to section 3 of the Act of June 9, 1930 (commonly 

8 known as the Knutson-Vandenberg Act; 16 U.S.C. 576b) 

9 shall be available to the Secretary of Agriculture for refor10 estation activities authorized by this title. 

11 (d) TIMELINE FOR PUBLIC INPUT PROCESS.—Not12 withstanding any other provision of law, in the case of a 

13 salvage operation or reforestation activity proposed to be 

14 conducted on National Forest System lands or public 

15 lands adversely impacted by a large-scale catastrophic 

16 event, the Secretary concerned shall allow 30 days for pub17 lic scoping and comment, 15 days for filing an objection, 

18 and 15 days for the agency response to the filing of an 

19 objection. Upon completion of this process and expiration 

20 of the period specified in subsection (a), the Secretary con21 cerned shall implement the project immediately. 

22 SEC. 202. COMPLIANCE WITH FOREST PLAN. 

23 A salvage operation or reforestation activity author24 ized by this title shall be conducted in a manner consistent 

25 with the forest plan applicable to the National Forest SysVerDate Sep 11 2014 22:45 May 16, 2019 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2607.IH H2607

kjohnson on DSK79L0C42 with BILLS
29 

•HR 2607 IH

1 tem lands or public lands covered by the salvage operation 

2 or reforestation activity. 

3 SEC. 203. PROHIBITION ON RESTRAINING ORDERS, PRE4 LIMINARY INJUNCTIONS, AND INJUNCTIONS 

5 PENDING APPEAL. 

6 No restraining order, preliminary injunction, or in7 junction pending appeal shall be issued by any court of 

8 the United States with respect to any decision to prepare 

9 or conduct a salvage operation or reforestation activity in 

10 response to a large-scale catastrophic event. Section 705 

11 of title 5, United States Code, shall not apply to any chal12 lenge to the salvage operation or reforestation activity. 

13 TITLE III—FOREST 

14 MANAGEMENT LITIGATION 

15 Subtitle A—General Litigation 

16 Provisions 

17 SEC. 301. NO ATTORNEY FEES FOR FOREST MANAGEMENT 

18 ACTIVITY CHALLENGES. 

19 Notwithstanding section 1304 of title 31, United 

20 States Code, no award may be made under section 2412 

21 of title 28, United States Code, and no amounts may be 

22 obligated or expended from the Claims and Judgment 

23 Fund of the United States Treasury to pay any fees or 

24 other expenses under such sections to any plaintiff related 


kjohnson on DSK79L0C42 with BILLS
30 

•HR 2607 IH

1 to an action challenging a forest management activity car2 ried out pursuant to this Act. 

3 SEC. 302. INJUNCTIVE RELIEF. 

4 (a) BALANCING SHORT- AND LONG-TERM EFFECTS

5 OF FOREST MANAGEMENT ACTIVITIES IN CONSIDERING

6 INJUNCTIVE RELIEF.—As part of its weighing the equities 

7 while considering any request for an injunction that ap8 plies to any agency action as part of a forest management 

9 activity under titles I through IX, the court reviewing the 

10 agency action shall balance the impact to the ecosystem 

11 likely affected by the forest management activity of— 

12 (1) the short- and long-term effects of under13 taking the agency action; against 

14 (2) the short- and long-term effects of not un15 dertaking the action. 

16 (b) TIME LIMITATIONS FOR INJUNCTIVE RELIEF.— 

17 (1) IN GENERAL.—Subject to paragraph (2) the 

18 length of any preliminary injunctive relief and stays 

19 pending appeal that applies to any agency action as 

20 part of a forest management activity under titles I 

21 through IX, shall not exceed 60 days. 

22 (2) RENEWAL.— 

23 (A) IN GENERAL.—A court of competent 

24 jurisdiction may issue one or more renewals of 


kjohnson on DSK79L0C42 with BILLS
31 

•HR 2607 IH

1 any preliminary injunction, or stay pending ap2 peal, granted under paragraph (1). 

3 (B) UPDATES.—In each renewal of an in4 junction in an action, the parties to the action 

5 shall present the court with updated informa6 tion on the status of the authorized forest man7 agement activity. 

8 Subtitle B—Forest Management 

9 Activity Arbitration Pilot Program 

10 SEC. 311. USE OF ARBITRATION INSTEAD OF LITIGATION 

11 TO ADDRESS CHALLENGES TO FOREST MAN12 AGEMENT ACTIVITIES. 

13 (a) DISCRETIONARY ARBITRATION PROCESS PILOT

14 PROGRAM.— 

15 (1) IN GENERAL.—The Secretary of Agri16 culture, with respect to National Forest System 

17 lands, and the Secretary of the Interior, with respect 

18 to public lands, shall each establish a discretionary 

19 arbitration pilot program as an alternative dispute 

20 resolution process in lieu of judicial review for the 

21 activities described in paragraph (2). 

22 (2) ACTIVITIES DESCRIBED.—The Secretary 

23 concerned, at the sole discretion of the Secretary, 

24 may designate objections or protests to forest manVerDate Sep 11 2014 22:45 May 16, 2019 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H2607.IH H2607

kjohnson on DSK79L0C42 with BILLS
32 

•HR 2607 IH

1 agement activities for arbitration under the arbitra2 tion pilot program established under paragraph (1). 

3 (3) MAXIMUM AMOUNT OF ARBITRATIONS.— 

4 Under the arbitration pilot program, the Secretary 

5 concerned may not arbitrate more than 10 objec6 tions or protests to forest management activities in 

7 a fiscal year in— 

8 (A) each Forest Service Region; and 

9 (B) each State Region of the Bureau of 

10 Land Management. 

11 (4) DETERMINING AMOUNT OF ARBITRA12 TIONS.—An objection or protest to a forest manage13 ment activity shall not be counted towards the limi14 tation on number of arbitrations under paragraph 

15 (3) unless— 

16 (A) on the date such objection or protest 

17 is designated for arbitration, the forest manage18 ment activity for which such objection or pro19 test is filed has not been the subject of arbitra20 tion proceedings under the pilot program; and 

21 (B) the arbitration proceeding has com22 menced with respect to such objection or pro23 test. 

24 (5) TERMINATION.—The pilot programs estab25 lished pursuant to paragraph (1) shall terminate on 


kjohnson on DSK79L0C42 with BILLS
33 

•HR 2607 IH

1 the date that is 7 years after the date of the enact2 ment of this Act. 

3 (b) INTERVENING PARTIES.— 

4 (1) REQUIREMENTS.—Any person that sub5 mitted a public comment on the forest management 

6 activity that is subject to arbitration may intervene 

7 in the arbitration— 

8 (A) by endorsing— 

9 (i) the forest management activity; or 

10 (ii) the modification proposal sub11 mitted under subparagraph (B); or 

12 (B) by submitting a proposal to further 

13 modify the forest management activity. 

14 (2) DEADLINE FOR SUBMISSION.—With respect 

15 to an objection or protest that is designated for arbi16 tration under this subsection (a), a request to inter17 vene in an arbitration must be submitted not later 

18 than the date that is 30 days after the date on 

19 which such objection or protest was designated for 

20 arbitration. 

21 (3) MULTIPLE PARTIES.—Multiple intervening 

22 parties may submit a joint proposal so long as each 

23 intervening party meets the eligibility requirements 

24 of paragraph (1). 

25 (c) APPOINTMENT OF ARBITRATOR.— 


kjohnson on DSK79L0C42 with BILLS
34 

•HR 2607 IH

1 (1) APPOINTMENT.—The Secretary of Agri2 culture and the Secretary of the Interior shall jointly 

3 develop and publish a list of not fewer than 20 indi4 viduals eligible to serve as arbitrators for the pilot 

5 programs under this section. 

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

7 serve as an arbitrator under this subsection, an indi8 vidual shall be, on the date of the appointment of 

9 such arbitrator— 

10 (A) certified by the American Arbitration 

11 Association; and 

12 (B) not a registered lobbyist. 

13 (3) SELECTION OF ARBITRATOR.— 

14 (A) IN GENERAL.—For each arbitration 

15 commenced under this section, the Secretary 

16 concerned and each applicable objector or 

17 protestor shall agree, not later than 14 days 

18 after the agreement process is initiated, on a 

19 mutually acceptable arbitrator from the list 

20 published under subsection. 

21 (B) APPOINTMENT AFTER 14 DAYS.—In 

22 the case of an agreement with respect to a mu23 tually acceptable arbitrator not being reached 

24 within the 14-day limit described in subpara25 graph (A), the Secretary concerned shall apVerDate Sep 11 2014 22:45 May 16, 2019 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H2607.IH H2607

kjohnson on DSK79L0C42 with BILLS
35 

•HR 2607 IH

1 point an arbitrator from the list published 

2 under this subsection. 

3 (d) SELECTION OF PROPOSALS.— 

4 (1) IN GENERAL.—The arbitrator appointed 

5 under subsection (c)— 

6 (A) may not modify any of the proposals 

7 submitted with the objection, protest, or request 

8 to intervene; and 

9 (B) shall select to be conducted— 

10 (i) the forest management activity, as 

11 approved by the Secretary; or 

12 (ii) a proposal submitted by an objec13 tor or an intervening party. 

14 (2) SELECTION CRITERIA.—An arbitrator shall, 

15 when selecting a proposal, consider— 

16 (A) whether the proposal is consistent with 

17 the applicable forest plan, laws, and regula18 tions; 

19 (B) whether the proposal can be carried 

20 out by the Secretary concerned; and 

21 (C) the effect of each proposal on— 

22 (i) forest health; 

23 (ii) habitat diversity; 

24 (iii) wildfire potential; 

25 (iv) insect and disease potential; 


kjohnson on DSK79L0C42 with BILLS
36 

•HR 2607 IH

1 (v) timber production; and 

2 (vi) the implications of a resulting de3 cline in forest health, loss of habitat diver4 sity, wildfire, or insect or disease infesta5 tion, given fire and insect and disease his6 toric cycles, on— 

7 (I) domestic water costs; 

8 (II) wildlife habitat loss; and 

9 (III) other economic and social 

10 factors. 

11 (e) EFFECT OF DECISION.—The decision of an arbi12 trator with respect to the forest management activity— 

13 (1) shall not be considered a major Federal ac14 tion; 

15 (2) shall be binding; and 

16 (3) shall not be subject to judicial review, ex17 cept as provided in section 10(a) of title 9, United 

18 States Code. 

19 (f) DEADLINE FOR COMPLETION.—Not later than 90 

20 days after the date on which the arbitration is filed with 

21 respect to the forest management activity, the arbitration 

22 process shall be completed. 


kjohnson on DSK79L0C42 with BILLS
37 

•HR 2607 IH

1 TITLE IV—SECURE RURAL 

2 SCHOOLS AND COMMUNITY 

3 SELF-DETERMINATION ACT 

4 AMENDMENTS 

5 SEC. 401. USE OF RESERVED FUNDS FOR TITLE II 

6 PROJECTS ON FEDERAL LAND AND CERTAIN 

7 NON-FEDERAL LAND. 

8 Section 204(f) of the Secure Rural Schools and Com9 munity Self-Determination Act of 2000 (16 U.S.C. 

10 7124(f)) is amended to read as follows: 

11 ‘‘(f) REQUIREMENTS FOR PROJECT FUNDS.— 

12 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

13 the Secretary concerned shall ensure that at least 50 

14 percent of the project funds reserved by a partici15 pating county under section 102(d) shall be available 

16 only for projects that— 

17 ‘‘(A) include the sale of timber or other 

18 forest products, reduce fire risks, or improve 

19 water supplies; and 

20 ‘‘(B) implement stewardship objectives 

21 that enhance forest ecosystems or restore and 

22 improve land health and water quality. 

23 ‘‘(2) APPLICABILITY.—The requirement in 

24 paragraph (1) shall apply only to project funds re25 served by a participating county whose boundaries 


kjohnson on DSK79L0C42 with BILLS
38 

•HR 2607 IH

1 include Federal land that the Secretary concerned 

2 determines has been subject to a timber or other for3 est products program within 5 fiscal years before the 

4 fiscal year in which the funds are reserved.’’. 

5 TITLE V—STEWARDSHIP END 

6 RESULT CONTRACTING 

7 SEC. 501. PAYMENT OF PORTION OF STEWARDSHIP 

8 PROJECT REVENUES TO COUNTY IN WHICH 

9 STEWARDSHIP PROJECT OCCURS. 

10 Section 604(e) of the Healthy Forests Restoration 

11 Act of 2003 (16 U.S.C. 6591c(e)) is amended— 

12 (1) in paragraph (2)(B), by inserting ‘‘subject 

13 to paragraph (3)(A),’’ before ‘‘shall’’; and 

14 (2) in paragraph (3)(A), by striking ‘‘services 

15 received by the Chief or the Director’’ and all that 

16 follows through the period at the end and inserting 

17 the following: ‘‘services and in-kind resources re18 ceived by the Chief or the Director under a steward19 ship contract project conducted under this section 

20 shall not be considered monies received from the Na21 tional Forest System or the public lands, but any 

22 payments made by the contractor to the Chief or Di23 rector under the project shall be considered monies 

24 received from the National Forest System or the 

25 public lands.’’. 


kjohnson on DSK79L0C42 with BILLS
39 

•HR 2607 IH

1 SEC. 502. FIRE LIABILITY PROVISION. 

2 Section 604(d) of the Healthy Forests Restoration 

3 Act of 2003 (16 U.S.C. 6591c(d)) is amended by adding 

4 at the end the following new paragraph: 

5 ‘‘(8) MODIFICATION.—Upon the request of the 

6 contractor, a contract or agreement under this sec7 tion awarded before February 7, 2014, shall be 

8 modified by the Chief or Director to include the fire 

9 liability provisions described in paragraph (7).’’. 

10 SEC. 503. EXTENSION OF STEWARDSHIP CONTRACTING 

11 MAXIMUM TERM LIMITS. 

12 (a) HEALTH FORESTS RESTORATION ACT.—Section 

13 604(d)(3)(B) of the Healthy Forests Restoration Act of 

14 2003 (16 U.S.C. 6591c(d)(3)(B)) is amended by striking 

15 ‘‘10 years’’ and inserting ‘‘20 years’’. 

16 (b) NATIONAL FOREST MANAGEMENT ACT.—Section 

17 14(c) of the National Forest Management Act of 1976 (16 

18 U.S.C. 472a(c)) is amended by striking ‘‘Fire Regime 

19 Groups I, II, or III’’ and inserting ‘‘Fire Regime Groups 

20 I, II, III, IV, and V’’. 


kjohnson on DSK79L0C42 with BILLS
40 

•HR 2607 IH

1 TITLE VI—TRIBAL FORESTRY 

2 PARTICIPATION AND PRO3 TECTION 

4 SEC. 601. PROTECTION OF TRIBAL FOREST ASSETS 

5 THROUGH USE OF STEWARDSHIP END RE6 SULT CONTRACTING AND OTHER AUTHORI7 TIES. 

8 (a) PROMPT CONSIDERATION OF TRIBAL RE9 QUESTS.—Section 2(b) of the Tribal Forest Protection 

10 Act of 2004 (25 U.S.C. 3115a(b)) is amended— 

11 (1) in paragraph (1), by striking ‘‘Not later 

12 than 120 days after the date on which an Indian 

13 tribe submits to the Secretary’’ and inserting ‘‘In re14 sponse to the submission by an Indian Tribe of’’; 

15 and 

16 (2) by adding at the end the following new 

17 paragraph: 

18 ‘‘(4) TIME PERIODS FOR CONSIDERATION.— 

19 ‘‘(A) INITIAL RESPONSE.—Not later than 

20 120 days after the date on which the Secretary 

21 receives a Tribal request under paragraph (1), 

22 the Secretary shall provide an initial response 

23 to the Indian Tribe regarding— 


kjohnson on DSK79L0C42 with BILLS
41 

•HR 2607 IH

1 ‘‘(i) whether the request may meet the 

2 selection criteria described in subsection 

3 (c); and 

4 ‘‘(ii) the likelihood of the Secretary 

5 entering into an agreement or contract 

6 with the Indian Tribe under paragraph (2) 

7 for activities described in paragraph (3). 

8 ‘‘(B) NOTICE OF DENIAL.—Notice under 

9 subsection (d) of the denial of a Tribal request 

10 under paragraph (1) shall be provided not later 

11 than 1 year after the date on which the Sec12 retary received the request. 

13 ‘‘(C) COMPLETION.—Not later than 2 

14 years after the date on which the Secretary re15 ceives a Tribal request under paragraph (1), 

16 other than a Tribal request denied under sub17 section (d), the Secretary shall— 

18 ‘‘(i) complete all environmental re19 views necessary in connection with the 

20 agreement or contract and proposed activi21 ties under the agreement or contract; and 

22 ‘‘(ii) enter into the agreement or con23 tract with the Indian tribe under para24 graph (2).’’. 


kjohnson on DSK79L0C42 with BILLS
42 

•HR 2607 IH

1 (b) CONFORMING AND TECHNICAL AMENDMENTS.— 

2 Section 2 of the Tribal Forest Protection Act of 2004 (25 

3 U.S.C. 3115a) is amended— 

4 (1) in subsections (b)(1) and (f)(1), by striking 

5 ‘‘section 347 of the Department of the Interior and 

6 Related Agencies Appropriations Act, 1999 (16 

7 U.S.C. 2104 note; Public Law 105–277) (as amend8 ed by section 323 of the Department of the Interior 

9 and Related Agencies Appropriations Act, 2003 (117 

10 Stat. 275))’’ and inserting ‘‘section 604 of the 

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

12 6591c)’’; and 

13 (2) in subsection (d), by striking ‘‘subsection 

14 (b)(1), the Secretary may’’ and inserting ‘‘para15 graphs (1) and (4)(B) of subsection (b), the Sec16 retary shall’’. 

17 SEC. 602. MANAGEMENT OF INDIAN FOREST LAND AUTHOR18 IZED TO INCLUDE RELATED NATIONAL FOR19 EST SYSTEM LANDS AND PUBLIC LANDS. 

20 Section 305 of the National Indian Forest Resources 

21 Management Act (25 U.S.C. 3104) is amended by adding 

22 at the end the following new subsection: 

23 ‘‘(c) INCLUSION OF CERTAIN NATIONAL FOREST

24 SYSTEM LAND AND PUBLIC LAND.— 


kjohnson on DSK79L0C42 with BILLS
43 

•HR 2607 IH

1 ‘‘(1) AUTHORITY.—At the request of an Indian 

2 Tribe, the Secretary concerned may agree to treat 

3 Federal forest land as Indian forest land for pur4 poses of planning and conducting forest land man5 agement activities under this section if the Federal 

6 forest land is located within, or mostly within, a geo7 graphic area that presents a feature or involves cir8 cumstances principally relevant to that Indian Tribe, 

9 such as Federal forest land ceded to the United 

10 States by treaty, Federal forest land within the 

11 boundaries of a current or former reservation, or 

12 Federal forest land adjudicated to be Tribal home13 lands. 

14 ‘‘(2) REQUIREMENTS.—As part of the agree15 ment to treat Federal forest land as Indian forest 

16 land under paragraph (1), the Secretary concerned 

17 and the Indian Tribe making the request shall— 

18 ‘‘(A) provide for continued public access 

19 applicable to the Federal forest land prior to 

20 the agreement, except that the Secretary con21 cerned may limit or prohibit such access as 

22 needed; 

23 ‘‘(B) continue sharing revenue generated 

24 by the Federal forest land with State and local 

25 governments either— 


kjohnson on DSK79L0C42 with BILLS
44 

•HR 2607 IH

1 ‘‘(i) on the terms applicable to the 

2 Federal forest land prior to the agreement, 

3 including, where applicable, 25-percent 

4 payments or 50-percent payments; or 

5 ‘‘(ii) at the option of the Indian Tribe, 

6 on terms agreed upon by the Indian Tribe, 

7 the Secretary concerned, and State and 

8 county governments participating in a rev9 enue sharing agreement for the Federal 

10 forest land; 

11 ‘‘(C) comply with applicable prohibitions 

12 on the export of unprocessed logs harvested 

13 from the Federal forest land; 

14 ‘‘(D) recognize all right-of-way agreements 

15 in place on Federal forest land prior to com16 mencement of Tribal management activities; 

17 ‘‘(E) ensure that all commercial timber re18 moved from the Federal forest land is sold on 

19 a competitive bid basis; and 

20 ‘‘(F) cooperate with the appropriate State 

21 fish and wildlife agency to achieve mutual 

22 agreement on the management of fish and wild23 life. 

24 ‘‘(3) LIMITATION.—Treating Federal forest 

25 land as Indian forest land for purposes of planning 


kjohnson on DSK79L0C42 with BILLS
45 

•HR 2607 IH

1 and conducting management activities pursuant to 

2 paragraph (1) shall not be construed to designate 

3 the Federal forest land as Indian forest lands for 

4 any other purpose. 

5 ‘‘(4) DEFINITIONS.—In this subsection: 

6 ‘‘(A) FEDERAL FOREST LAND.—The term 

7 ‘Federal forest land’ means— 

8 ‘‘(i) National Forest System lands; 

9 and 

10 ‘‘(ii) public lands (as defined in sec11 tion 103(e) of the Federal Land Policy and 

12 Management Act of 1976 (43 U.S.C. 

13 1702(e))), including Coos Bay Wagon 

14 Road Grant lands reconveyed to the 

15 United States pursuant to the first section 

16 of the Act of February 26, 1919 (40 Stat. 

17 1179), and Oregon and California Railroad 

18 Grant lands. 

19 ‘‘(B) SECRETARY CONCERNED.—The term 

20 ‘Secretary concerned’ means— 

21 ‘‘(i) the Secretary of Agriculture, with 

22 respect to the Federal forest land referred 

23 to in subparagraph (A)(i); and 


kjohnson on DSK79L0C42 with BILLS
46 

•HR 2607 IH

1 ‘‘(ii) the Secretary of the Interior, 

2 with respect to the Federal forest land re3 ferred to in subparagraph (A)(ii).’’. 

4 SEC. 603. TRIBAL FOREST MANAGEMENT DEMONSTRATION 

5 PROJECT. 

6 The Secretary of the Interior and the Secretary of 

7 Agriculture may carry out demonstration projects by 

8 which federally recognized Indian Tribes or Tribal organi9 zations may contract to perform administrative, manage10 ment, and other functions of programs of the Tribal For11 est Protection Act of 2004 (25 U.S.C. 3115a et seq.) 

12 through contracts entered into under the Indian Self-De13 termination and Education Assistance Act (25 U.S.C. 

14 5304 et seq.). 

15 SEC. 604. RULE OF APPLICATION. 

16 Nothing in this title, or the amendments made by this 

17 title, shall be construed as interfering with, diminishing, 

18 or conflicting with the authority, jurisdiction, or responsi19 bility of any State to exercise primary management, con20 trol, or regulation of fish and wildlife on land or water 

21 within the State (including on public land) under State 

22 law. 


kjohnson on DSK79L0C42 with BILLS
47 

•HR 2607 IH

1 TITLE VII— EXPEDITING 

2 INTERAGENCY CONSULTATION 

3 Subtitle A—Forest Plans Not 

4 Considered Major Federal Actions 

5 SEC. 701. FOREST PLANS NOT CONSIDERED MAJOR FED6 ERAL ACTIONS. 

7 The development, maintenance, amendment, and re8 vision of a forest plan shall not be considered a major Fed9 eral action for purposes of section 102 of the National En10 vironmental Policy Act of 1969 (42 U.S.C. 4332). 

11 Subtitle B—Agency Consultation 

12 SEC. 711. CONSULTATION UNDER FOREST AND RANGELAND 

13 RENEWABLE RESOURCES PLANNING ACT OF 

14 1974. 

15 Section 6(d) of the Forest and Rangeland Renewable 

16 Resources Planning Act of 1974 (16 U.S.C. 1604(d)) is 

17 amended— 

18 (1) by striking ‘‘(d) The Secretary’’ and insert19 ing the following: 

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

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

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

23 ‘‘(2) NO ADDITIONAL CONSULTATION RE24 QUIRED AFTER APPROVAL OF LAND MANAGEMENT

25 PLANS.— 


kjohnson on DSK79L0C42 with BILLS
48 

•HR 2607 IH

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

2 other provision of law, the Secretary shall not 

3 be required to engage in consultation under this 

4 subsection or any other provision of law (includ5 ing section 7 of the Endangered Species Act 

6 (16 U.S.C. 1536) and section 402.16 of title 

7 50, Code of Federal Regulations (or a successor 

8 regulation)) with respect to— 

9 ‘‘(i) if a land management plan ap10 proved by the Secretary— 

11 ‘‘(I) the listing of a species as 

12 threatened or endangered, or a des13 ignation of critical habitat pursuant to 

14 the Endangered Species Act (16 

15 U.S.C. 1531 et seq.); 

16 ‘‘(II) whether the amount or ex17 tent of taking specified in the inci18 dental take statement is exceeded; 

19 ‘‘(III) whether new information 

20 reveals effects of the action that may 

21 affect listed species or critical habitat 

22 in a manner or to an extent not pre23 viously considered; or 

24 ‘‘(IV) whether the identified ac25 tion is subsequently modified in a 


kjohnson on DSK79L0C42 with BILLS
49 

•HR 2607 IH

1 manner that causes an effect to the 

2 listed species or critical habitat that 

3 was not considered in the biological 

4 opinion; or 

5 ‘‘(ii) any provision of a land manage6 ment plan adopted as described in clause 

7 (i). 

8 ‘‘(B) EFFECT OF PARAGRAPH.—Nothing 

9 in this paragraph affects any applicable require10 ment of the Secretary to consult with the head 

11 of any other Federal department or agency— 

12 ‘‘(i) regarding any project, including a 

13 project carried out, or proposed to be car14 ried out, in an area designated as critical 

15 habitat pursuant to the Endangered Spe16 cies Act (16 U.S.C. 1531 et seq.); or 

17 ‘‘(ii) with respect to the development 

18 of an amendment to a land management 

19 plan that would result in a significant 

20 change in the land management plan. 

21 ‘‘(3) LAND MANAGEMENT PLAN CONSIDERED A

22 NON-DISCRETIONARY ACTION.—For purposes of the 

23 Endangered Species Act of 1973 (16 U.S.C. 1531 et 

24 seq.), a forest management activity carried out by 


kjohnson on DSK79L0C42 with BILLS
50 

•HR 2607 IH

1 the Secretary concerned pursuant to this Act shall 

2 be considered a non-discretionary action.’’. 

3 TITLE VIII—MISCELLANEOUS 

4 Subtitle A—Forest Management 

5 Provisions 

6 SEC. 801. CLARIFICATION OF EXISTING CATEGORICAL EX7 CLUSION AUTHORITY RELATED TO INSECT 

8 AND DISEASE INFESTATION. 

9 Section 603(c)(2)(B) of the Healthy Forests Restora10 tion Act of 2003 (16 U.S.C. 6591b(c)(2)(B)) is amended 

11 by striking ‘‘Fire Regime Groups I, II, or III’’ and insert12 ing ‘‘Fire Regime I, Fire Regime II, Fire Regime III, Fire 

13 Regime IV, or Fire Regime V’’. 

14 SEC. 802. REVISION OF ALTERNATE CONSULTATION 

15 AGREEMENT REGULATIONS. 

16 Not later than 90 days after the date of the enact17 ment of this section, the Secretary of the Interior and the 

18 Secretary of Commerce shall revise section 402.13 of title 

19 50, Code of Federal Regulations, to— 

20 (1) authorize Federal agencies to enter into al21 ternative consultation agreements under which the 

22 Federal agency may determine if an action such 

23 agency authorizes is likely to adversely affect listed 

24 species or critical habitat; and 


kjohnson on DSK79L0C42 with BILLS
51 

•HR 2607 IH

1 (2) if an agency determines such action will not 

2 likely adversely affect listed species or critical habi3 tat pursuant to paragraph (1), not require such 

4 agency to complete a formal consultation, informal 

5 consultation, or written concurrence of the U.S. Fish 

6 and Wildlife Service or the National Marine Fish7 eries Service with respect to such action. 

8 SEC. 803. REVISION OF EXTRAORDINARY CIRCUMSTANCES 

9 REGULATIONS. 

10 (a) DETERMINATIONS OF EXTRAORDINARY CIR11 CUMSTANCES.—In determining whether extraordinary cir12 cumstances related to a proposed action preclude use of 

13 a categorical exclusion, the Forest Service shall not be re14 quired to— 

15 (1) consider whether a proposed action is within 

16 a potential wilderness area; 

17 (2) consider whether a proposed action affects 

18 a Forest Service sensitive species; 

19 (3) conduct an analysis under section 220.4(f) 

20 of title 36, Code of Federal Regulations, of the pro21 posed action’s cumulative impact (as the term is de22 fined in section 1508.7 of title 40, Code of Federal 

23 Regulations); 

24 (4) consider a determination under section 7 of 

25 the Endangered Species Act of 1973 (16 U.S.C. 


kjohnson on DSK79L0C42 with BILLS
52 

•HR 2607 IH

1 1536) that a proposed action may affect, but is not 

2 likely to adversely affect, threatened, endangered, or 

3 candidate species, or designated critical habitats; or 

4 (5) consider a determination under section 7 of 

5 the Endangered Species Act of 1973 (16 U.S.C. 

6 1536) that a proposed action may affect, and is like7 ly to adversely affect threatened, endangered, can8 didate species, or designated critical habitat if the 

9 agency is in compliance with the applicable provi10 sions of the biological opinion. 

11 (b) PROPOSED RULEMAKING.—Not later than 60 

12 days after the date of enactment of this Act, the Secretary 

13 of Agriculture shall publish a notice of proposed rule14 making to revise section 220.6(b) of title 36, Code of Fed15 eral Regulations to conform such section with subsection 

16 (a). 

17 (c) ADDITIONAL REVISION.—As part of the proposed 

18 rulemaking described in subsection (b), the Secretary of 

19 Agriculture shall revise section 220.5(a)(2) of title 36, 

20 Code of Federal Regulations, to provide that the Forest 

21 Service shall not be required to consider proposals that 

22 would substantially alter a potential wilderness area as a 

23 class of actions normally requiring environmental impact 

24 statements. 


kjohnson on DSK79L0C42 with BILLS
53 

•HR 2607 IH

1 (d) ADDITIONAL ACTIONS.—Not later than 120 days 

2 after the date of enactment of this Act, the Secretary of 

3 Agriculture shall issue final regulations to carry out the 

4 revisions described in subsections (b) and (c). 

5 SEC. 804. CONDITIONS ON FOREST SERVICE ROAD DECOM6 MISSIONING. 

7 (a) CONSULTATION WITH AFFECTED COUNTY.— 

8 Whenever any Forest Service defined maintenance level 

9 one- or two-system road within a designated high-fire 

10 prone area of a unit of the National Forest System is con11 sidered for decommissioning, the Forest Supervisor of that 

12 unit of the National Forest System shall— 

13 (1) consult with the government of the county 

14 containing the road regarding the merits and pos15 sible consequences of decommissioning the road; and 

16 (2) solicit possible alternatives to decommis17 sioning the road. 

18 (b) PERIOD PRIOR TO DECOMMISSION.—A Forest 

19 Service road described in subsection (a) may not be de20 commissioned without the advance approval of the Re21 gional Forester. 


kjohnson on DSK79L0C42 with BILLS
54 

•HR 2607 IH

1 SEC. 805. PROHIBITION ON APPLICATION OF EASTSIDE 

2 SCREENS REQUIREMENTS ON NATIONAL 

3 FOREST SYSTEM LANDS. 

4 (a) REPEAL OF EASTSIDE SCREENS REQUIRE5 MENTS.—Notwithstanding any other provision of law, the 

6 Secretary of Agriculture shall immediately withdraw the 

7 Interim Management Direction Establishing Riparian, 

8 Ecosystem, and Wildlife Standards for Timber Sales 

9 (commonly known as the Eastside Screens requirements), 

10 including all preceding or associated versions of these 

11 amendments. 

12 (b) EFFECT OF REPEAL.—On and after the date of 

13 the enactment of this Act, the Secretary of Agriculture 

14 may not apply to National Forest System lands any of 

15 the amendments repealed under subsection (a). 

16 SEC. 806. USE OF SITE-SPECIFIC FOREST PLAN AMEND17 MENTS FOR CERTAIN PROJECTS AND ACTIVI18 TIES. 

19 If the Secretary concerned determines that, in order 

20 to conduct a project or carry out an activity implementing 

21 a forest plan, an amendment to the forest plan is required, 

22 the Secretary concerned shall execute such amendment as 

23 a nonsignificant plan amendment through the record of 

24 decision or decision notice for the project or activity. 


kjohnson on DSK79L0C42 with BILLS
55 

•HR 2607 IH

1 SEC. 807. KNUTSON-VANDENBERG ACT MODIFICATIONS. 

2 (a) DEPOSITS OF FUNDS FROM NATIONAL FOREST

3 TIMBER PURCHASERS REQUIRED.—Section 3(a) of the 

4 Act of June 9, 1930 (commonly known as the Knutson5 Vandenberg Act; 16 U.S.C. 576b(a)), is amended by strik6 ing ‘‘The Secretary’’ and all that follows through ‘‘any 

7 purchaser’’ and inserting the following: ‘‘The Secretary of 

8 Agriculture shall require each purchaser’’. 

9 (b) CONDITIONS ON USE OF DEPOSITS.—Section 3 

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

11 Knutson-Vandenberg Act; 16 U.S.C. 576b), is amended— 

12 (1) by striking ‘‘Such deposits’’ and inserting 

13 the following: 

14 ‘‘(b) Amounts deposited under subsection (a)’’; 

15 (2) by redesignating subsection (c) as sub16 section (d); and 

17 (3) by inserting before subsection (d), as so re18 designated, the following new subsection (c): 

19 ‘‘(c)(1) Amounts in the special fund established pur20 suant to this section— 

21 ‘‘(A) shall be used exclusively to implement ac22 tivities authorized by subsection (a); and 

23 ‘‘(B) may be used anywhere within the Forest 

24 Service Region from which the original deposits were 

25 collected. 


kjohnson on DSK79L0C42 with BILLS
56 

•HR 2607 IH

1 ‘‘(2) The Secretary of Agriculture may not deduct 

2 overhead costs from the funds collected under subsection 

3 (a), except as needed to fund personnel of the responsible 

4 Ranger District for the planning and implementation of 

5 the activities authorized by subsection (a).’’. 

6 SEC. 808. APPLICATION OF NORTHWEST FOREST PLAN SUR7 VEY AND MANAGE MITIGATION MEASURE 

8 STANDARD AND GUIDELINES. 

9 The Northwest Forest Plan Survey and Manage Miti10 gation Measure Standard and Guidelines shall not apply 

11 to any National Forest System lands or public lands. 

12 SEC. 809. RECONSTRUCTION AND REPAIR INCLUDED IN 

13 GOOD NEIGHBOR AGREEMENTS. 

14 Section 8206(a)(3) of the Agricultural Act of 2014 

15 (16 U.S.C. 2113a(a)(3)) is amended— 

16 (1) in subparagraph (A)— 

17 (A) in clause (ii), by striking ‘‘and’’; 

18 (B) by redesignating clause (iii) as clause 

19 (iv); and 

20 (C) by inserting after clause (ii) the fol21 lowing new clause: 

22 ‘‘(iii) construction, reconstruction, re23 pair or restoration of roads as necessary to 

24 achieve project objectives; and’’; and 


kjohnson on DSK79L0C42 with BILLS
57 

•HR 2607 IH

1 (2) by amending subparagraph (B) to read as 

2 follows: 

3 ‘‘(B) EXCLUSIONS.—The term ‘forest, 

4 rangeland, and watershed restoration services’ 

5 does not include construction, alteration, repair 

6 or replacement of public buildings or works.’’. 

7 Subtitle B—Oregon and California 

8 Railroad Grant Lands and Coos 

9 Bay Wagon Road Grant Lands 

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

11 The first section of the Act of August 28, 1937 (50 

12 Stat. 874; 43 U.S.C. 2601 et seq.), is amended— 

13 (1) by striking ‘‘principal of sustained yield’’ 

14 and inserting ‘‘principle of sustained yield’’; 

15 (2) by striking ‘‘facilties’’ and inserting ‘‘facili16 ties’’; and 

17 (3) by striking ‘‘That timber from said lands in 

18 an amount’’ and inserting ‘‘That timber from said 

19 lands in the amount that is the greater of:’’. 

20 SEC. 812. OREGON AND CALIFORNIA RAILROAD GRANT 

21 LANDS AND COOS BAY WAGON ROAD GRANT 

22 LANDS PERMANENT RIGHTS OF ACCESS. 

23 (a) CREATION OF PERMANENT RIGHTS OF ACCESS

24 REQUIRED.—Notwithstanding any other provision of law, 

25 on the date of the enactment of this section, reciprocal 


kjohnson on DSK79L0C42 with BILLS
58 

•HR 2607 IH

1 road right-of-way permits, grants, and agreements issued 

2 to a private landowner by the Secretary of the Interior 

3 pursuant to subpart 2812 of part 2810 of title 43, Code 

4 of Federal Regulations, or its predecessor regulation shall 

5 become permanent rights of access that are recordable and 

6 that shall run with the land. 

7 (b) RECORDS UPDATED.—Not later than 60 days 

8 after the date of the enactment of this Act, the reciprocal 

9 road right-of-way permits, grants, and agreements de10 scribed in subsection (a) shall be amended to reflect the 

11 permanent rights of access required under subsection (a) 

12 and recorded by the Secretary of the Interior in each coun13 ty where the lands are located. No other amendments shall 

14 be made to such right-of-way permits, grants, and agree15 ments. 

16 SEC. 813. MANAGEMENT OF BUREAU OF LAND MANAGE17 MENT LANDS IN WESTERN OREGON. 

18 (a) IN GENERAL.—All of the public land managed 

19 by the Bureau of Land Management in the Northwest 

20 District, Roseburg District, Coos Bay District, Medford 

21 District, and the Klamath Resource Area of the Lakeview 

22 District in the State of Oregon shall hereafter be managed 

23 pursuant to title I of the Act of August 28, 1937 (43 

24 U.S.C. 1181a through 1181e). Except as provided in sub25 section (b), all of the revenue produced from such land 


kjohnson on DSK79L0C42 with BILLS
59 

•HR 2607 IH

1 shall be deposited in the Treasury of the United States 

2 in the Oregon and California land-grant fund and be sub3 ject to the provisions of title II of the Act of August 28, 

4 1937 (43 U.S.C. 1181f). 

5 (b) CERTAIN EXCLUSIONS.— 

6 (1) CERTAIN LANDS EXCLUDED.—Subsection 

7 (a) does not apply to— 

8 (A) the Yaquina Head Outstanding Nat9 ural Area established under section 119 of Pub10 lic Law 96–199 (43 U.S.C. 1783); 

11 (B) lands managed under the Wild and 

12 Scenic Rivers Act (16 U.S.C. 1271 et seq.); 

13 (C) lands managed under the Wilderness 

14 Act (16 U.S.C. 1131 et seq.); and 

15 (D) lands managed under the National 

16 Trails System Act (16 U.S.C. 1241 et seq.). 

17 (2) CERTAIN REVENUE EXCLUDED.—Sub18 section (a) does not apply to any revenue that is re19 quired to be deposited in the Coos Bay Wagon Road 

20 grant fund pursuant to sections 1 through 4 of the 

21 Act of May 24, 1939 (43 U.S.C. 2621–2624). 

Æ 


kjohnson on DSK79L0C42 with BILLS