I 

114TH CONGRESS 

1ST SESSION H. R. 2178 

To restore employment and educational opportunities in, and improve the 

economic stability of, counties containing National Forest System land, 

while also reducing Forest Service management costs, by ensuring that 

such counties have a dependable source of revenue from timber sales 

conducted on National Forest System land, to reduce payments under 

the Secure Rural Schools and Community Self-Determination Act of 

2000 to reflect such counties’ receipt of timber sale revenues, to strengthen stewardship end result contracting, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2015 

Mrs. MCMORRIS RODGERS (for herself, Mr. NEWHOUSE, Mrs. KIRKPATRICK, 

Mr. RIBBLE, Mr. BENISHEK, Mr. POLIQUIN, Mr. LABRADOR, and Mr. 

REICHERT) 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 restore employment and educational opportunities in, and 

improve the economic stability of, counties containing 

National Forest System land, while also reducing Forest 

Service management costs, by ensuring that such counties have a dependable source of revenue from timber 

sales conducted on National Forest System land, to reduce payments under the Secure Rural Schools and Community Self-Determination Act of 2000 to reflect such 

counties’ receipt of timber sale revenues, to strengthen 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 2178 IH

stewardship end result contracting, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Fostering Opportunities for Resources and Education 

6 Spending through Timber Sales Act of 2015’’ or ‘‘FOR7 ESTS Act of 2015’’. 

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

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purposes. 

TITLE I—FOREST ACTIVE MANAGEMENT AREAS 

Sec. 101. Definitions. 

Sec. 102. Establishment of Forest Active Management Areas and annual volume requirements. 

Sec. 103. Management of Forest Active Management Areas. 

Sec. 104. Environmental analysis process for covered active management 

projects. 

Sec. 105. Expedited compliance with Endangered Species Act. 

Sec. 106. Administrative review. 

Sec. 107. Use of arbitration instead of litigation to address challenge to covered 

active management project developed through collaborative 

process. 

Sec. 108. Distribution of forest active management revenues. 

Sec. 109. Annual report. 

TITLE II—TRANSITION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000 AND 25-PERCENT 

PAYMENTS 

Sec. 201. Extension of Secure Rural Schools and Community Self-Determination Act of 2000 to reflect recent extension covering fiscal 

years 2014 and 2015. 

Sec. 202. Effect of receipt of forest active management revenues or stewardship 

project payments. 

Sec. 203. Restoring original calculation method for 25-percent payments. 

Sec. 204. Prohibition on State retention of portion of 25-percent payments 

made on behalf of beneficiary counties. 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 2178 IH

TITLE III—STEWARDSHIP END RESULT CONTRACTING 

AUTHORITY 

Sec. 301. Maximum authorized duration of stewardship end result contracts. 

Sec. 302. Cancellation ceiling authority and requirements. 

Sec. 303. Payment of portion of stewardship project revenues to county in 

which stewardship project occurs. 

Sec. 304. Use of contractors to perform environmental analysis in connection 

with stewardship end result contracting projects. 

TITLE IV—OTHER MATTERS 

Sec. 401. Treatment as supplemental funding. 

Sec. 402. Definition of fire suppression to include certain related activities. 

Sec. 403. Prohibition on certain actions regarding Forest Service roads and 

trails. 

1 SEC. 2. PURPOSES. 

2 The purposes of this Act are as follows: 

3 (1) To restore employment and educational op4 portunities in, and improve the economic stability of, 

5 counties containing National Forest System land. 

6 (2) To ensure that such counties have a de7 pendable source of revenue from National Forest 

8 System land. 

9 (3) To reduce Forest Service management costs 

10 while also ensuring the protection of United States 

11 forest resources. 

12 (4) To reduce the frequency and severity of cat13 astrophic wildfires on Federal lands and to lessen 

14 the need for the Forest Service to borrow resources 

15 from other important forest management accounts 

16 to combat fires. 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 2178 IH

1 TITLE I—FOREST ACTIVE 

2 MANAGEMENT AREAS 

3 SEC. 101. DEFINITIONS. 

4 In this title: 

5 (1) ANNUAL VOLUME REQUIREMENT.— 

6 (A) IN GENERAL.—The term ‘‘annual vol7 ume requirement’’, with respect to a Forest Ac8 tive Management Area, means a volume of na9 tional forest materials that, subject to adjust10 ment pursuant to section 102(e)(2), is equal to 

11 not less than 50 percent of the sustained yield 

12 of the Forest Active Management Area. 

13 (B) EXCLUSIONS.—In determining the vol14 ume of national forest materials or the sus15 tained yield of a Forest Active Management 

16 Area, the Secretary may not include non-com17 mercial post and pole sales and personal use 

18 firewood. 

19 (2) BENEFICIARY COUNTY.—The term ‘‘bene20 ficiary county’’ means a political subdivision of a 

21 State that, on account of containing National Forest 

22 System land, was eligible to receive payments for 

23 any of the fiscal years 2001 through 2013 through 

24 the State under title I of the Secure Rural Schools 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 2178 IH

1 and Community Self-Determination Act of 2000 (16 

2 U.S.C. 7111 et seq.). 

3 (3) COLLABORATIVE PROCESS.—The term ‘‘col4 laborative process’’ refers to a planning, decision5 making, and management process that, as deter6 mined by the forest manager of the unit of the Na7 tional Forest System for which the process will occur 

8 and as confirmed by the Regional Forester— 

9 (A) includes multiple interested persons 

10 representing diverse interests; and 

11 (B) is transparent and nonexclusive or 

12 meets the requirements for a resource advisory 

13 committee under subsections (c) through (f) of 

14 section 205 of the Secure Rural Schools and 

15 Community Self-Determination Act of 2000 (16 

16 U.S.C. 7125). 

17 (4) COVERED ACTIVE MANAGEMENT

18 PROJECT.—The terms ‘‘covered active management 

19 project’’ and ‘‘covered project’’ mean a project in20 volving the management or sale of national forest 

21 materials within a Forest Active Management Area 

22 to generate forest active management revenues and 

23 achieve the annual volume requirement for the For24 est Active Management Area. 

25 (5) FOREST ACTIVE MANAGEMENT AREA.— 


emcdonald on DSK67QTVN1PROD with BILLS
6 

•HR 2178 IH

1 (A) IN GENERAL.—The term ‘‘Forest Ac2 tive Management Area’’ means National Forest 

3 System land in a unit of the National Forest 

4 System designated for sustainable forest man5 agement for the production of national forest 

6 materials and forest active management reve7 nues. 

8 (B) INCLUSIONS.—Subject to subpara9 graph (C) and any adjustment made pursuant 

10 to section 102(f)(3), but otherwise notwith11 standing any other provision of law, including 

12 executive orders and regulations, the Secretary 

13 shall include in Forest Active Management 

14 Areas not less than 50 percent of the National 

15 Forest System lands identified as commercial 

16 forest land capable of producing twenty cubic 

17 feet of timber per acre. 

18 (C) EXCLUSIONS.—A Forest Active Man19 agement Area may not include National Forest 

20 System land— 

21 (i) that is a component of the Na22 tional Wilderness Preservation System; 

23 (ii) on which the removal of vegetation 

24 is specifically prohibited by Federal stat25 ute; or 


emcdonald on DSK67QTVN1PROD with BILLS
7 

•HR 2178 IH

1 (iii) that is included within a National 

2 Monument as of the date of the enactment 

3 of this Act. 

4 (6) FOREST ACTIVE MANAGEMENT REVE5 NUES.—The term ‘‘forest active management reve6 nues’’ means revenues derived from the sale of na7 tional forest materials in a Forest Active Manage8 ment Area. 

9 (7) NATIONAL FOREST MATERIALS.—The term 

10 ‘‘national forest materials’’ has the meaning given 

11 that term in section 14(e)(1) of the National Forest 

12 Management Act of 1976 (16 U.S.C. 472a(e)(1)). 

13 (8) NATIONAL FOREST SYSTEM.—The term 

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

15 that term in section 11(a) of the Forest and Range16 land Renewable Resources Planning Act of 1974 (16 

17 U.S.C. 1609(a)), except that the term does not in18 clude the National Grasslands and land utilization 

19 projects designated as National Grasslands adminis20 tered pursuant to the Act of July 22, 1937 (7 

21 U.S.C. 1010–1012). 

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

23 the Secretary of Agriculture. 

24 (10) SUSTAINED YIELD.—The term ‘‘sustained 

25 yield’’ means the maximum annual growth potential 


emcdonald on DSK67QTVN1PROD with BILLS
8 

•HR 2178 IH

1 of a forest calculated on the basis of the culmination 

2 of mean annual increment using cubic measurement. 

3 (11) STATE.—The term ‘‘State’’ includes the 

4 Commonwealth of Puerto Rico. 

5 (12) 25-PERCENT PAYMENT.—The term ‘‘25- 

6 percent payment’’ means the payment to States re7 quired by the sixth paragraph under the heading of 

8 ‘‘FOREST SERVICE’’ in the Act of May 23, 1908 

9 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the 

10 Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 

11 500). 

12 SEC. 102. ESTABLISHMENT OF FOREST ACTIVE MANAGE13 MENT AREAS AND ANNUAL VOLUME RE14 QUIREMENTS. 

15 (a) ESTABLISHMENT OF FOREST ACTIVE MANAGE16 MENT AREAS.—Notwithstanding any other provision of 

17 law, the Secretary shall establish one or more Forest Ac18 tive Management Areas within each unit of the National 

19 Forest System. 

20 (b) DEADLINE FOR ESTABLISHMENT.—To the max21 imum extent practicable, the Secretary shall complete the 

22 establishment of Forest Active Management Areas not 

23 later than 60 days after the date of the enactment of this 

24 Act. 


emcdonald on DSK67QTVN1PROD with BILLS
9 

•HR 2178 IH

1 (c) PURPOSE.—The purpose of a Forest Active Man2 agement Area is to provide a dependable source of 25- 

3 percent payments and economic activity through sustain4 able forest management for each beneficiary county con5 taining National Forest System land included within that 

6 Forest Active Management Area. 

7 (d) FIDUCIARY RESPONSIBILITY.—The Secretary 

8 shall have a fiduciary responsibility to beneficiary counties 

9 to manage a Forest Active Management Area to satisfy 

10 the annual volume requirement established for that Forest 

11 Active Management Area. 

12 (e) ANNUAL VOLUME REQUIREMENT.— 

13 (1) DEADLINE FOR ESTABLISHMENT.—Not 

14 later than 30 days after the date of the establish15 ment of a Forest Active Management Area or as 

16 soon thereafter as practicable, the Secretary shall es17 tablish the annual volume requirement for that For18 est Active Management Area. 

19 (2) COLLABORATIVE ADJUSTMENT AUTHOR20 ITY.—The Secretary may establish the annual vol21 ume requirement for a Forest Active Management 

22 Area at a level below 50 percent of the sustained 

23 yield of that Forest Active Management Area if the 

24 lower level is developed and agreed upon through a 

25 collaborative process. 


emcdonald on DSK67QTVN1PROD with BILLS
10 

•HR 2178 IH

1 (f) SIZE OF FOREST ACTIVE MANAGEMENT AREA.— 

2 (1) MINIMUM SIZE.—Except as provided in 

3 paragraph (3), the Forest Active Management Areas 

4 established within a unit of the National Forest Sys5 tem shall include not less than 50 percent of the Na6 tional Forest System lands in that unit identified as 

7 commercial forest land capable of producing twenty 

8 cubic feet of timber per acre. 

9 (2) REDUCTION PROHIBITED.—Except as pro10 vided in paragraph (3), once a Forest Active Man11 agement Area is established, the Secretary may not 

12 reduce the number of acres of National Forest Sys13 tem land included in that Forest Active Management 

14 Area. 

15 (3) COLLABORATIVE ADJUSTMENT AUTHOR16 ITY.—The Secretary may reduce the number of 

17 acres of National Forest System land included in a 

18 Forest Active Management Area, including an acre19 age reduction resulting in the inclusion of a quantity 

20 of commercial forest land below the percentage re21 quired by paragraph (1) and section 101(5)(B), if 

22 the reduction is developed and agreed upon through 

23 a collaborative process. 

24 (g) MAP.—The Secretary shall submit a map of all 

25 Forest Active Management Areas established under subVerDate Sep 11 2014 00:02 May 12, 2015 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2178.IH H2178

emcdonald on DSK67QTVN1PROD with BILLS
11 

•HR 2178 IH

1 section (a) and a map of any Forest Active Management 

2 Area whose acreage is adjusted made pursuant to sub3 section (f)(3)— 

4 (1) to the Committee on Agriculture and the 

5 Committee on Natural Resources of the House of 

6 Representatives; and 

7 (2) to the Committee on Agriculture, Nutrition, 

8 and Forestry and the Committee on Energy and 

9 Natural Resources of the Senate. 

10 (h) RECOGNITION OF VALID AND EXISTING

11 RIGHTS.—Neither the establishment of Forest Active 

12 Management Areas under subsection (a) nor any other 

13 provision of this title shall be construed to limit or re14 strict— 

15 (1) access to National Forest System land for 

16 hunting, fishing, recreation, and other related pur17 poses; or 

18 (2) valid and existing rights regarding National 

19 Forest System land, including rights of any federally 

20 recognized Indian tribe. 

21 SEC. 103. MANAGEMENT OF FOREST ACTIVE MANAGEMENT 

22 AREAS. 

23 (a) REQUIREMENT TO ACHIEVE ANNUAL VOLUME

24 REQUIREMENT.—Immediately upon the establishment of 

25 a Forest Active Management Area, the Secretary shall 


emcdonald on DSK67QTVN1PROD with BILLS
12 

•HR 2178 IH

1 manage the Forest Active Management Area in the man2 ner necessary to achieve the annual volume requirement 

3 for the Forest Active Management Area. The Secretary 

4 is authorized and encouraged to commence covered active 

5 management projects as soon as practicable after the date 

6 of the enactment of this Act to begin generating forest 

7 active management revenues. 

8 (b) STANDARDS FOR PROJECTS WITHIN FOREST AC9 TIVE MANAGEMENT AREAS.—The Secretary shall conduct 

10 covered active management projects within Forest Active 

11 Management Areas in accordance with this section and 

12 sections 104 and 105, which shall serve as the sole means 

13 by which the Secretary will comply with the National En14 vironmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) 

15 and other laws applicable to the covered projects. 

16 (c) USE OF COLLABORATIVE PROCESS.—The Sec17 retary is authorized and encouraged to develop covered ac18 tive management projects for a Forest Active Management 

19 Area through a collaborative process. The decision notice 

20 for a covered active management project shall describe the 

21 collaborative process by which the project was developed, 

22 including a description of— 

23 (1) participation by or consultation with State, 

24 local, and Tribal governments; and 


emcdonald on DSK67QTVN1PROD with BILLS
13 

•HR 2178 IH

1 (2) any established record of successful collabo2 rative planning and implementation of forest man3 agement projects by the collaborators. 

4 (d) USE OF CONTRACTORS TO PERFORM ENVIRON5 MENTAL ANALYSIS.— 

6 (1) IN GENERAL.—As part of a covered active 

7 management project, or as a separate agreement or 

8 contract in connection with one or more covered ac9 tive management projects, the Secretary may pro10 cure the services of persons who are not Federal em11 ployees to perform activities necessary to ensure 

12 project for compliance with the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4331 et seq.) 

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

15 1531 et seq.). 

16 (2) APPROVAL REQUIREMENT.—Services per17 formed under this subsection are subject to approval 

18 by the Chief of the Forest Service or other respon19 sible official of the Forest Service. 

20 (3) FUNDING SOURCE.—As provided in section 

21 108(c)(2), the Secretary shall use forest active man22 agement revenues to cover the cost of services pro23 cured under this subsection. 

24 (e) APPLICATION OF LAND AND RESOURCE MANAGE25 MENT PLAN.— 


emcdonald on DSK67QTVN1PROD with BILLS
14 

•HR 2178 IH

1 (1) MODIFICATION AUTHORITY.—The Secretary 

2 may modify the standards and guidelines contained 

3 in the land and resource management plan for the 

4 unit of the National Forest System in which the cov5 ered active management project will be carried out 

6 as necessary to achieve the requirements of this Act. 

7 (2) HARVESTING SYSTEM.—Section 

8 6(g)(3)(E)(iv) of the Forest and Rangeland Renew9 able Resources Planning Act of 1974 (16 U.S.C. 

10 1604(g)(3)(E)(iv)) shall not apply to a covered ac11 tive management project. 

12 (f) USE OF ALL-TERRAIN VEHICLES FOR MANAGE13 MENT ACTIVITIES.—The Secretary may allow the use of 

14 all-terrain vehicles within the Forest Active Management 

15 Areas for the purpose of activities associated with the sale 

16 of national forest materials in a Forest Active Manage17 ment Area. 

18 SEC. 104. ENVIRONMENTAL ANALYSIS PROCESS FOR COV19 ERED ACTIVE MANAGEMENT PROJECTS. 

20 (a) ENVIRONMENTAL ASSESSMENT.—Except in the 

21 case of a covered active management project for which a 

22 categorical exclusion is available under subsection (e) or 

23 a Forest Active Management Area for which a pro24 grammatic environmental impact statement is in effect 

25 under subsection (f), the Secretary shall— 


emcdonald on DSK67QTVN1PROD with BILLS
15 

•HR 2178 IH

1 (1) publish advance notice of each covered ac2 tive management project proposed to be conducted 

3 within a Forest Active Management Area; and 

4 (2) complete an environmental assessment pur5 suant to section 102(2) of the National Environ6 mental Policy Act of 1969 (42 U.S.C. 4332(2)) for 

7 the proposed covered active management project. 

8 (b) NO ALTERNATIVE VERSION.—The Secretary is 

9 not required to study, develop, or describe any alternative 

10 to the proposed agency action. 

11 (c) CUMULATIVE EFFECTS.—The Secretary shall 

12 consider cumulative effects solely by evaluating the im13 pacts of a proposed covered active management project 

14 combined with the impacts of any other projects that were 

15 approved with a Decision Notice or Record of Decision be16 fore the date on which the Secretary published notice of 

17 the proposed covered project. The cumulative effects of 

18 past projects may be considered in the environmental as19 sessment by using a description of the current environ20 mental conditions. 

21 (d) TREATMENT OF DECISION NOTICE.—The deci22 sion notice for a covered active management project shall 

23 be considered a final agency action and no additional anal24 ysis under the National Environmental Policy Act of 1969 


emcdonald on DSK67QTVN1PROD with BILLS
16 

•HR 2178 IH

1 (42 U.S.C. 4331 et seq.) shall be required to implement 

2 any portion of the covered project. 

3 (e) CATEGORICAL EXCLUSION.— 

4 (1) APPLICATION OF CATEGORICAL EXCLU5 SION.—A covered active management project de6 scribed in paragraph (2) is categorically excluded 

7 from the requirements of the National Environ8 mental Policy Act of 1969 (42 U.S.C. 4331 et seq.). 

9 (2) DESCRIPTION OF COVERED ACTIVE MAN10 AGEMENT PROJECTS.—The categorical exclusion 

11 granted by paragraph (1) applies with respect to a 

12 covered active management project that— 

13 (A) is prepared using a collaborative proc14 ess; and 

15 (B) covers an area of 10,000 acres or less. 

16 (f) PROGRAMMATIC ENVIRONMENTAL IMPACT

17 STATEMENT ALTERNATIVE.—In lieu of preparing an envi18 ronmental assessment on a covered project-by-covered 

19 project basis under this section, the Secretary may pre20 pare a draft and final programmatic environmental impact 

21 statement applicable to all or a portion of a Forest Active 

22 Management Area. The programmatic environmental im23 pact statement shall be prepared utilizing a collaborative 

24 process. 


emcdonald on DSK67QTVN1PROD with BILLS
17 

•HR 2178 IH

1 SEC. 105. EXPEDITED COMPLIANCE WITH ENDANGERED 

2 SPECIES ACT. 

3 (a) NON-JEOPARDY ASSESSMENT.—If the Secretary 

4 makes a determination that a proposed covered active 

5 management project is not likely to jeopardize the contin6 ued existence of any species listed as endangered or 

7 threatened under section 4 of the Endangered Species Act 

8 of 1973 (16 U.S.C. 1533), the Secretary shall— 

9 (1) prepare an explanation of the basis for the 

10 determination; and 

11 (2) submit the determination and explanation 

12 to the Secretary of the Interior or the Secretary of 

13 Commerce, as appropriate. 

14 (b) REVIEW AND RESPONSE.— 

15 (1) IN GENERAL.—Within 30 days after receiv16 ing a determination made by the Secretary under 

17 subsection (a), the Secretary of the Interior or the 

18 Secretary of Commerce, as appropriate, shall provide 

19 a written response to the Secretary concurring in or 

20 rejecting the Secretary’s determination. 

21 (2) EFFECT OF REJECTION.—If the Secretary 

22 of the Interior or the Secretary of Commerce rejects 

23 the determination made by the Secretary under sub24 section (a), the written response of the Secretary of 

25 the Interior or the Secretary of Commerce under 


emcdonald on DSK67QTVN1PROD with BILLS
18 

•HR 2178 IH

1 paragraph (1) shall include recommendations for 

2 measures that— 

3 (A) will avoid the likelihood of jeopardy to 

4 an endangered or threatened species; 

5 (B) can be implemented in a manner con6 sistent with the intended purpose of the covered 

7 active management project; 

8 (C) can be implemented consistent with the 

9 scope of the Secretary’s legal authority and ju10 risdiction; and 

11 (D) are economically and technologically 

12 feasible. 

13 (c) FORMAL CONSULTATION.—In addition to rec14 ommendations made under subsection (b)(2) when the 

15 Secretary of the Interior or the Secretary of Commerce 

16 rejects a determination issued by the Secretary under sub17 section (a), the Secretary of the Interior or the Secretary 

18 of Commerce, as the case may be, shall engage in formal 

19 consultation with the Secretary pursuant to section 7 of 

20 the Endangered Species Act of 1973 (16 U.S.C. 1536). 

21 The Secretaries shall complete such consultation within 90 

22 days after the submission of the written response under 

23 subsection (b). 


emcdonald on DSK67QTVN1PROD with BILLS
19 

•HR 2178 IH

1 SEC. 106. ADMINISTRATIVE REVIEW. 

2 Administrative review of a covered active manage3 ment project shall occur only in accordance with the spe4 cial administrative review process and requirements estab5 lished under section 105 of the Healthy Forests Restora6 tion Act of 2003 (16 U.S.C. 6515), including the project7 level predecisional administrative review process estab8 lished in part 218 of title 36, Code of Federal Regulations. 

9 SEC. 107. USE OF ARBITRATION INSTEAD OF LITIGATION 

10 TO ADDRESS CHALLENGE TO COVERED AC11 TIVE MANAGEMENT PROJECT DEVELOPED 

12 THROUGH COLLABORATIVE PROCESS. 

13 (a) ARBITRATION PROCESS.— 

14 (1) IN GENERAL.—In the case of a covered ac15 tive management project that was developed through 

16 a collaborative process, any challenge to the covered 

17 project made after the special administrative review 

18 process required by section 106 shall be addressed 

19 using arbitration consistent with this section instead 

20 of through judicial review. 

21 (2) WHO MAY SEEK.—Any person who sought 

22 administrative review for the covered project de23 scribed in paragraph (1) and who is not satisfied 

24 with the decision made under the administrative re25 view process may file a demand for arbitration reVerDate Sep 11 2014 00:02 May 12, 2015 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H2178.IH H2178

emcdonald on DSK67QTVN1PROD with BILLS
20 

•HR 2178 IH

1 garding the covered project in accordance with chap2 ter 1 of title 9, United States Code. 

3 (b) REQUIREMENTS FOR DEMAND.—The demand for 

4 arbitration under subsection (a)(2) shall— 

5 (1) be filed not more than 30 days after the 

6 date on which the administrative review decision was 

7 issued; and 

8 (2) include a proposal describing the modifica9 tions sought to the covered project. 

10 (c) INTERVENING PARTIES.— 

11 (1) REQUIREMENTS.—Any person that sub12 mitted a public comment on the covered active man13 agement project subject to arbitration may intervene 

14 in the arbitration— 

15 (A) by endorsing the covered project or the 

16 modification proposal submitted under sub17 section (b)(2); or 

18 (B) by submitting a proposal to further 

19 modify the covered project. 

20 (2) DEADLINE FOR SUBMISSION.—A request to 

21 intervene in an arbitration must be submitted not 

22 later than the date that is 30 days after the date on 

23 which the demand for arbitration was filed. 

24 (3) MULTIPLE PARTIES.—Multiple objectors or 

25 intervening parties may submit a joint proposal so 


emcdonald on DSK67QTVN1PROD with BILLS
21 

•HR 2178 IH

1 long as each objector or intervening party meets the 

2 eligibility requirements of subsection (a)(2) or para3 graph (1), whichever applies. 

4 (d) APPOINTMENT OF ARBITRATOR.—The United 

5 States District Court in the district in which the covered 

6 active management project is located shall appoint the ar7 bitrator to conduct the arbitration proceedings in accord8 ance with this section and chapter 1 of title 9, United 

9 States Code. 

10 (e) SELECTION OF PROPOSALS.— 

11 (1) IN GENERAL.—The arbitrator appointed 

12 under subsection (d)— 

13 (A) may not modify any of the proposals 

14 submitted with the demand for arbitration or a 

15 request to intervene; and 

16 (B) shall select to be conducted— 

17 (i) a proposal submitted by an objec18 tor or an intervening party; or 

19 (ii) the covered active management 

20 project, as approved by the Secretary. 

21 (2) SELECTION CRITERIA.—An arbitrator shall 

22 select the proposal that best meets the purpose and 

23 needs described in the environmental analysis con24 ducted for the covered project. 


emcdonald on DSK67QTVN1PROD with BILLS
22 

•HR 2178 IH

1 (f) EFFECT OF DECISION.—The decision of an arbi2 trator with respect to the covered active management 

3 project— 

4 (1) shall not be considered a major Federal ac5 tion; 

6 (2) shall be binding; and 

7 (3) shall not be subject to judicial review. 

8 (g) DEADLINE FOR COMPLETION.—Not later than 90 

9 days after the date on which the demand for arbitration 

10 is filed with respect to the covered active management 

11 project, the arbitration process shall be completed. 

12 SEC. 108. DISTRIBUTION OF FOREST ACTIVE MANAGEMENT 

13 REVENUES. 

14 (a) USE TO MAKE 25-PERCENT PAYMENTS.—The 

15 Secretary shall use forest active management revenues 

16 generated by covered active management projects to make 

17 25-percent payments to States for payment to beneficiary 

18 counties. 

19 (b) RELATION TO PAYMENTS UNDER SECURE

20 RURAL SCHOOLS AND COMMUNITY SELF-DETERMINA21 TION ACT OF 2000.—Subject to the offset required by 

22 subsection (f) of section 102 of the Secure Rural Schools 

23 and Community Self-Determination Act of 2000 (16 

24 U.S.C. 7112), as added by section 202(a) of this Act, a 

25 beneficiary county may receive both— 


emcdonald on DSK67QTVN1PROD with BILLS
23 

•HR 2178 IH

1 (1) a share of the 25-percent payments made to 

2 a State under subsection (a); and 

3 (2) a share of the payment for the State 

4 (known as the State payment) calculated under sec5 tion 101(a) of the Secure Rural Schools and Com6 munity Self-Determination Act of 2000 (16 U.S.C. 

7 7111(a)) for which the beneficiary county made an 

8 election (or was deemed to make an election) under 

9 section 102(b)(1) of such Act (16 U.S.C. 

10 7112(b)(1)). 

11 (c) OTHER USES OF REVENUES.—After compliance 

12 with subsection (a), the Secretary shall use forest active 

13 management revenues— 

14 (1) to make deposits into the fund established 

15 under section 3 of the Act of June 9, 1930 (16 

16 U.S.C. 576b; commonly known as the Knutson-Van17 denberg Fund) and the fund established under sec18 tion 14(h) of the National Forest Management Act 

19 of 1976 (16 U.S.C. 472a(h); commonly known as 

20 the salvage sale fund) in contributions equal to the 

21 monies otherwise collected under those Acts for 

22 projects conducted on National Forest System land; 

23 and 

24 (2) to cover the cost of project services pro25 cured under section 103(d). 


emcdonald on DSK67QTVN1PROD with BILLS
24 

•HR 2178 IH

1 (d) DEPOSIT IN GENERAL FUND OF THE TREAS2 URY.—After compliance with subsections (a) and (c), the 

3 Secretary shall deposit remaining forest active manage4 ment revenues into the general fund of the Treasury. 

5 SEC. 109. ANNUAL REPORT. 

6 (a) REPORT REQUIRED.—Not later than 60 days 

7 after the end of each fiscal year, the Secretary shall sub8 mit to Congress an annual report specifying the following: 

9 (1) The annual volume requirement in effect for 

10 that fiscal year for each Forest Active Management 

11 Area. 

12 (2) The volume of board feet actually harvested 

13 for each Forest Active Management Area during 

14 that fiscal year. 

15 (3) The average cost of preparation for timber 

16 sales for each Forest Active Management Area dur17 ing that fiscal year. 

18 (4) The forest active management revenues 

19 generated from such sales. 

20 (5) The total amount of 25-percent payments 

21 made to States under section 108(a) during that fis22 cal year for the benefit of beneficiary counties and 

23 the amount of forest active management revenues 

24 distributed to each beneficiary county. 


emcdonald on DSK67QTVN1PROD with BILLS
25 

•HR 2178 IH

1 (b) FORM OF REPORT.—The information required by 

2 subsection (a) to be provided with respect to a Forest Ac3 tive Management Area shall be presented on a single page. 

4 (c) PUBLIC AVAILABILITY.—The Secretary shall 

5 make each annual report available on the website of the 

6 Forest Service. 

7 TITLE II—TRANSITION OF SE8 CURE RURAL SCHOOLS AND 

9 COMMUNITY SELF-DETER10 MINATION ACT OF 2000 AND 

11 25-PERCENT PAYMENTS 

12 SEC. 201. EXTENSION OF SECURE RURAL SCHOOLS AND 

13 COMMUNITY SELF-DETERMINATION ACT OF 

14 2000 TO REFLECT RECENT EXTENSION COV15 ERING FISCAL YEARS 2014 AND 2015. 

16 (a) EXTENSION OF PAYMENT AUTHORITY AND RE17 LATED PROVISIONS.—The Secure Rural Schools and 

18 Community Self-Determination Act of 2000 (16 U.S.C. 

19 7101 et seq.) is amended— 

20 (1) in sections 101 and 103(d)(2), by striking 

21 ‘‘2015’’ both places it appears and inserting ‘‘2018’’; 

22 (2) in section 102(b)(2)(B) (16 U.S.C. 

23 7112(b)(2)(B)), by striking ‘‘2015’’ the second place 

24 it appears and inserting ‘‘2018’’; 

25 (3) in section 208 (16 U.S.C. 7128)— 


emcdonald on DSK67QTVN1PROD with BILLS
26 

•HR 2178 IH

1 (A) in subsection (a), by striking ‘‘2017’’ 

2 and inserting ‘‘2020’’; and 

3 (B) in subsection (b), by striking ‘‘2018’’ 

4 and inserting ‘‘2021’’; and 

5 (4) in section 304 (16 U.S.C. 7144)— 

6 (A) in subsection (a), by striking ‘‘2017’’ 

7 and inserting ‘‘2020’’; and 

8 (B) in subsection (b), by striking ‘‘2018’’ 

9 and inserting ‘‘2021’’. 

10 (b) RESET OF FULL FUNDING AMOUNT TO 2010 

11 LEVEL.—Section 3(11) of the Secure Rural Schools and 

12 Community Self-Determination Act of 2000 (16 U.S.C. 

13 7102(11)) is amended— 

14 (1) by striking ‘‘and’’ at the end of subpara15 graph (B); 

16 (2) in subparagraph (C)— 

17 (A) by striking ‘‘year 2012 and each fiscal 

18 year thereafter’’ and inserting ‘‘years 2012 

19 through 2015’’; and 

20 (B) by striking the period at the end and 

21 inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new sub23 paragraph: 

24 ‘‘(D) $405,000,000 for each fiscal years 

25 2016 through 2018.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
27 

•HR 2178 IH

1 SEC. 202. EFFECT OF RECEIPT OF FOREST ACTIVE MAN2 AGEMENT REVENUES OR STEWARDSHIP 

3 PROJECT PAYMENTS. 

4 Section 102 of the Secure Rural Schools and Commu5 nity Self-Determination Act of 2000 (16 U.S.C. 7112) is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(f) EFFECT OF RECEIPT OF FOREST ACTIVE MAN9 AGEMENT REVENUES OR STEWARDSHIP PROJECT PAY10 MENTS.—An eligible county that receives for a fiscal year 

11 revenues derived from the sale of national forest materials 

12 in a Forest Active Management Area in the form of a 

13 share of the 25-percent payment made to a State under 

14 section 108 of the Fostering Opportunities for Resources 

15 and Education Spending through Timber Sales Act of 

16 2015 or a stewardship project payment made to the coun17 ty for a stewardship project involving National Forest Sys18 tem land under section 604 of the Healthy Forest Res19 toration Act of 2003 (16 U.S.C. 6591c) may still receive 

20 the share of the State payment of the eligible county for 

21 that fiscal year, except that— 

22 ‘‘(1) the amount of the share of the State pay23 ment received by the eligible county for that fiscal 

24 year shall be reduced by the amount of the forest ac25 tive management revenues and stewardship project 


emcdonald on DSK67QTVN1PROD with BILLS
28 

•HR 2178 IH

1 payments involving National Forest System land re2 ceived by the eligible county for that fiscal year; and 

3 ‘‘(2) the total amount received by the eligible 

4 State under subsection (a)(1) for that fiscal year 

5 shall be reduced by the sum of the amounts of forest 

6 active management revenues and stewardship project 

7 payments involving National Forest System land re8 ceived by eligible counties in that State for that fis9 cal year.’’. 

10 SEC. 203. RESTORING ORIGINAL CALCULATION METHOD 

11 FOR 25-PERCENT PAYMENTS. 

12 (a) AMENDMENT OF ACT OF MAY 23, 1908.—The 

13 sixth paragraph under the heading ‘‘FOREST SERV14 ICE’’ in the Act of May 23, 1908 (16 U.S.C. 500) is 

15 amended in the first sentence— 

16 (1) by striking ‘‘the annual average of 25 per17 cent of all amounts received for the applicable fiscal 

18 year and each of the preceding 6 fiscal years’’ and 

19 inserting ‘‘25 percent of all amounts received for the 

20 applicable fiscal year’’; 

21 (2) by striking ‘‘said reserve’’ both places it ap22 pears and inserting ‘‘the national forest’’; and 

23 (3) by striking ‘‘forest reserve’’ both places it 

24 appears and inserting ‘‘national forest’’. 


emcdonald on DSK67QTVN1PROD with BILLS
29 

•HR 2178 IH

1 (b) CONFORMING AMENDMENT TO WEEKS LAW.— 

2 Section 13 of the Act of March 1, 1911 (commonly known 

3 as the Weeks Law; 16 U.S.C. 500) is amended in the first 

4 sentence by striking ‘‘the annual average of 25 percent 

5 of all amounts received for the applicable fiscal year and 

6 each of the preceding 6 fiscal years’’ and inserting ‘‘25 

7 percent of all amounts received for the applicable fiscal 

8 year’’. 

9 SEC. 204. PROHIBITION ON STATE RETENTION OF PORTION 

10 OF 25-PERCENT PAYMENTS MADE ON BEHALF 

11 OF BENEFICIARY COUNTIES. 

12 (a) AMENDMENT OF ACT OF MAY 23, 1908.—The 

13 sixth paragraph under the heading ‘‘FOREST SERV14 ICE’’ in the Act of May 23, 1908 (16 U.S.C. 500), as 

15 amended by section 203(a), is further amended in the first 

16 sentence by striking ‘‘situated: Provided, That when’’ and 

17 inserting the following: ‘‘situated. Beginning October 1, 

18 2015, the State or Territorial legislature may not withhold 

19 any of the amount paid under this paragraph from dis20 tribution to the county or counties in which the national 

21 forest is situated. When’’. 

22 (b) CONFORMING AMENDMENT TO WEEKS LAW.— 

23 Section 13 of the Act of March 1, 1911 (commonly known 

24 as the Weeks Law; 16 U.S.C. 500), as amended by section 

25 203(b), is further amended in the first sentence by strikVerDate Sep 11 2014 00:02 May 12, 2015 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2178.IH H2178

emcdonald on DSK67QTVN1PROD with BILLS
30 

•HR 2178 IH

1 ing ‘‘situated: Provided, That when’’ and inserting the fol2 lowing: ‘‘situated. Beginning October 1, 2015, the State 

3 legislature may not withhold any of the amount paid under 

4 this section from distribution to the county or counties in 

5 which such national forest is situated. When’’. 

6 TITLE III—STEWARDSHIP END 

7 RESULT CONTRACTING AU8 THORITY 

9 SEC. 301. MAXIMUM AUTHORIZED DURATION OF STEWARD10 SHIP END RESULT CONTRACTS. 

11 Section 604(d)(3)(B) of the Healthy Forest Restora12 tion Act of 2003 (16 U.S.C. 6591c(d)(3)(B)) is amended 

13 by striking ‘‘10 years’’ and inserting ‘‘20 years’’. 

14 SEC. 302. CANCELLATION CEILING AUTHORITY AND RE15 QUIREMENTS. 

16 (a) IN GENERAL.—Section 604(g) of the Healthy 

17 Forest Restoration Act of 2003 (16 U.S.C. 

18 6591c(d)(3)(B)) is amended by adding at the end the fol19 lowing new paragraph: 

20 ‘‘(3) CANCELLATION CEILING.— 

21 ‘‘(A) AUTHORITY.—The Chief and the Di22 rector may obligate funds to cover any potential 

23 cancellation or termination costs for an agree24 ment or contract under subsection (b) in stages 


emcdonald on DSK67QTVN1PROD with BILLS
31 

•HR 2178 IH

1 that are economically or programmatically via2 ble. 

3 ‘‘(B) NOTICE TO CONGRESS.—Not later 

4 than 30 days before entering into a multiyear 

5 agreement or contract under subsection (b) that 

6 includes a cancellation ceiling in excess of 

7 $25,000,000, but does not include proposed 

8 funding for the costs of cancelling the agree9 ment or contract up to the cancellation ceiling 

10 established in the agreement or contract, the 

11 Chief or the Director, as the case may be, shall 

12 submit to the appropriate congressional com13 mittees a written notice that includes— 

14 ‘‘(i) the cancellation ceiling amounts 

15 proposed for each program year in the 

16 agreement or contract and the reasons for 

17 such cancellation ceiling amounts; 

18 ‘‘(ii) the extent to which the costs of 

19 contract cancellation are not included in 

20 the budget for the agreement or contract; 

21 and 

22 ‘‘(iii) an assessment of the financial 

23 risk of not including budgeting for the 

24 costs of agreement or contract cancellation. 


emcdonald on DSK67QTVN1PROD with BILLS
32 

•HR 2178 IH

1 ‘‘(C) NOTICE TO OMB.—At least 14 days 

2 before the date on which the Chief or Director 

3 enters into an agreement or contract under sub4 section (b), the Chief or Director shall transmit 

5 to the Director of the Office of Management 

6 and Budget a copy of any written notice sub7 mitted under subparagraph (B) with regard to 

8 such agreement or contract.’’. 

9 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

10 DEFINED.—Section 604 of the Healthy Forest Restora11 tion Act of 2003 (16 U.S.C. 6591c) is amended— 

12 (1) in subsection (a)— 

13 (A) by redesignating paragraphs (1) and 

14 (2) as paragraphs (2) and (3), respectively; and 

15 (B) by inserting before paragraph (2), as 

16 so redesignated, the following new paragraph 

17 (1): 

18 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘appropriate congressional com20 mittees’ means— 

21 ‘‘(A) the Committee on Agriculture, Nutri22 tion, and Forestry and the Committee on En23 ergy and Natural Resources of the Senate; and 


emcdonald on DSK67QTVN1PROD with BILLS
33 

•HR 2178 IH

1 ‘‘(B) the Committee on Agriculture and 

2 the Committee on Natural Resources of the 

3 House of Representatives.’’; and 

4 (2) in subsection (i), by striking ‘‘the Com5 mittee on Agriculture, Nutrition, and Forestry of 

6 the Senate and the Committee on Agriculture of the 

7 House of Representatives’’ and inserting ‘‘the appro8 priate congressional committees’’. 

9 SEC. 303. PAYMENT OF PORTION OF STEWARDSHIP 

10 PROJECT REVENUES TO COUNTY IN WHICH 

11 STEWARDSHIP PROJECT OCCURS. 

12 Section 604(e) of the Healthy Forest Restoration Act 

13 of 2003 (16 U.S.C. 6591c(e)) is amended by adding at 

14 the end the following new paragraph: 

15 ‘‘(4) PAYMENT OF PORTION OF STEWARDSHIP

16 PROJECT REVENUES TO COUNTIES.—Of the monies 

17 retained under paragraph (2) from an agreement or 

18 contract under subsection (b), the Chief or the Di19 rector, as the case may be, shall pay 25 percent of 

20 the retained monies to the county or counties in 

21 which the project site is situated.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
34 

•HR 2178 IH

1 SEC. 304. USE OF CONTRACTORS TO PERFORM ENVIRON2 MENTAL ANALYSIS IN CONNECTION WITH 

3 STEWARDSHIP END RESULT CONTRACTING 

4 PROJECTS. 

5 Section 604(b) of the Healthy Forest Restoration Act 

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

7 (1) by striking ‘‘The Chief’’ and inserting the 

8 following: 

9 ‘‘(1) PROJECT AUTHORITY.—The Chief’’; and 

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

11 paragraph: 

12 ‘‘(2) RELATED PROJECT PREPARATION AU13 THORITY.— 

14 ‘‘(A) IN GENERAL.—As part of an agree15 ment or contract under paragraph (1) for a 

16 stewardship contracting project, or as a sepa17 rate agreement or contract in connection with 

18 one or more stewardship contracting projects, 

19 the Chief or Director may procure the services 

20 of persons who are not Federal employees to 

21 perform activities necessary to ensure project 

22 for compliance with the National Environmental 

23 Policy Act of 1969 (42 U.S.C. 4331 et seq.) 

24 and the Endangered Species Act of 1973 (16 

25 U.S.C. 1531 et seq.). 


emcdonald on DSK67QTVN1PROD with BILLS
35 

•HR 2178 IH

1 ‘‘(B) APPROVAL REQUIREMENT.—Services 

2 performed under this paragraph are subject to 

3 approval by the Chief, Director, or other re4 sponsible official of the Forest Service or Bu5 reau of Land Management. 

6 ‘‘(C) FUNDING SOURCES.—The offset au7 thority provided by subsection (d)(4)(A) and re8 ceipts available for expenditure under sub9 section (e)(2)(B) may be used to cover the cost 

10 of services procured under this paragraph.’’. 

11 TITLE IV—OTHER MATTERS 

12 SEC. 401. TREATMENT AS SUPPLEMENTAL FUNDING. 

13 None of the funds made available to a beneficiary 

14 county (as defined in section 101(2) of this Act) or other 

15 political subdivision of a State under this Act shall be used 

16 in lieu of or to otherwise offset State funding sources for 

17 local schools, facilities, or educational purposes. 

18 SEC. 402. DEFINITION OF FIRE SUPPRESSION TO INCLUDE 

19 CERTAIN RELATED ACTIVITIES. 

20 For purposes of utilizing amounts made available to 

21 the Secretary of Agriculture or the Secretary of the Inte22 rior for fire suppression activities, including funds made 

23 available from the FLAME Fund, the term ‘‘fire suppres24 sion’’ includes reforestation, site rehabilitation, salvage op25 erations, and replanting occurring following fire damage 


emcdonald on DSK67QTVN1PROD with BILLS
36 

•HR 2178 IH

1 on lands under the jurisdiction of the Secretary concerned 

2 or following fire suppression efforts on such lands by the 

3 Secretary concerned. 

4 SEC. 403. PROHIBITION ON CERTAIN ACTIONS REGARDING 

5 FOREST SERVICE ROADS AND TRAILS. 

6 The Forest Service shall not remove or otherwise 

7 eliminate or obliterate any legally created road or trail un8 less there has been a specific decision, which included ade9 quate and appropriate public involvement, to decommis10 sion the specific road or trail in question. The fact that 

11 any road or trail is a not a Forest System road or trail, 

12 or does not appear on a Motor Vehicle Use Map, shall 

13 not constitute a decision. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS