I 

114TH CONGRESS 

1ST SESSION H. R. 2647 

To expedite under the National Environmental Policy Act and improve forest 

management activities in units of the National Forest System derived 

from the public domain, 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 

JUNE 4, 2015 

Mr. WESTERMAN (for himself, Mrs. KIRKPATRICK, Mr. THOMPSON of Pennsylvania, and Mr. ZINKE) 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 

and improve forest management activities in units of 

the National Forest System derived from the public domain, 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, 

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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 2015’’. 

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. 

TITLE I—EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST 

MANAGEMENT ACTIVITIES 

Sec. 101. Analysis of only two alternatives (action versus no action) in proposed 

collaborative forest management activities. 

Sec. 102. Categorical exclusion to expedite certain critical response actions. 

Sec. 103. Categorical exclusion to expedite salvage operations in response to 

catastrophic events. 

Sec. 104. Categorical exclusion to meet forest plan goals for early successional 

forests. 

Sec. 105. Clarification of existing categorical exclusion authority related to insect and disease infestation. 

Sec. 106. Compliance with forest plan. 

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. 

Sec. 204. Exclusion of certain lands. 

TITLE III—COLLABORATIVE PROJECT LITIGATION REQUIREMENT 

Sec. 301. Definitions. 

Sec. 302. Bond requirement as part of legal challenge of certain 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. 

Sec. 402. Resource advisory committees. 

Sec. 403. Program for title II self-sustaining resource advisory committee 

projects. 

Sec. 404. Additional authorized use of reserved funds for title III county 

projects. 

TITLE V—STEWARDSHIP END RESULT CONTRACTING 

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Sec. 501. Cancellation ceilings for stewardship end result contracting projects. 

Sec. 502. Excess offset value. 

Sec. 503. Payment of portion of stewardship project revenues to county in 

which stewardship project occurs. 

Sec. 504. Submission of existing annual report. 

TITLE VI—ADDITIONAL FUNDING SOURCES FOR FOREST 

MANAGEMENT ACTIVITIES 

Sec. 601. Definitions. 

Sec. 602. Availability of stewardship project revenues and Collaborative Forest 

Landscape Restoration Fund to cover forest management activity planning costs. 

Sec. 603. State-supported planning of forest management activities. 

TITLE VII—TRIBAL FORESTRY PARTICIPATION AND PROTECTION 

Sec. 701. Protection of tribal forest assets through use of stewardship end result contracting and other authorities. 

Sec. 702. Management of Indian forest land authorized to include related National Forest System lands and public lands. 

TITLE VIII—MISCELLANEOUS FOREST MANAGEMENT PROVISIONS 

Sec. 801. Balancing short- and long-term effects of forest management activities in considering injunctive relief. 

Sec. 802. Conditions on Forest Service road decommissioning. 

Sec. 803. Prohibition on application of Eastside Screens requirements on National Forest System lands. 

Sec. 804. Use of site-specific forest plan amendments for certain projects and 

activities. 

Sec. 805. Knutson-Vandenberg Act modifications. 

Sec. 806. Exclusion of certain National Forest System lands and public lands. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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) CATEGORICAL EXCLUSION.—The term ‘‘cat11 egorical exclusion’’ refers to an exception to the remstockstill on DSK4VPTVN1PROD with BILLS

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1 quirements of the National Environmental Policy 

2 Act of 1969 (42 U.S.C. 4331 et seq.) for a project 

3 or activity relating to the management of National 

4 Forest System lands or public lands. 

5 (3) COLLABORATIVE PROCESS.—The term ‘‘col6 laborative process’’ refers to a process relating to the 

7 management of National Forest System lands or 

8 public lands by which a project or activity is devel9 oped and implemented by the Secretary concerned 

10 through collaboration with interested persons, as de11 scribed in section 603(b)(1)(C) of the Healthy For12 ests Restoration Act of 2003 (16 U.S.C. 

13 6591b(b)(1)(C)). 

14 (4) COMMUNITY WILDFIRE PROTECTION

15 PLAN.—The term ‘‘community wildfire protection 

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

17 101(3) of the Healthy Forests Restoration Act of 

18 2003 (16 U.S.C. 6511(3)). 

19 (5) COOS BAY WAGON ROAD GRANT LANDS.— 

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

21 means the lands reconveyed to the United States 

22 pursuant to the first section of the Act of February 

23 26, 1919 (40 Stat. 1179). 

24 (6) FOREST MANAGEMENT ACTIVITY.—The 

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

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1 or activity carried out by the Secretary concerned on 

2 National Forest System lands or public lands in con3 cert with the forest plan covering the lands. 

4 (7) FOREST PLAN.—The term ‘‘forest plan’’ 

5 means— 

6 (A) a land use plan prepared by the Bu7 reau of Land Management for public lands pur8 suant to section 202 of the Federal Land Policy 

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

10 1712); or 

11 (B) a land and resource management plan 

12 prepared by the Forest Service for a unit of the 

13 National Forest System pursuant to section 6 

14 of the Forest and Rangeland Renewable Re15 sources Planning Act of 1974 (16 U.S.C. 

16 1604). 

17 (8) LARGE-SCALE CATASTROPHIC EVENT.—The 

18 term ‘‘large-scale catastrophic event’’ means a cata19 strophic event that adversely impacts at least 5,000 

20 acres of reasonably contiguous National Forest Sys21 tem lands or public lands. 

22 (9) NATIONAL FOREST SYSTEM.—The term 

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

24 that term in section 11(a) of the Forest and Rangemstockstill on DSK4VPTVN1PROD with BILLS

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1 land Renewable Resources Planning Act of 1974 (16 

2 U.S.C. 1609(a)), except that the term— 

3 (A) includes only National Forest System 

4 lands derived from the public domain; and 

5 (B) does not include the National Grass6 lands and land utilization projects designated as 

7 National Grasslands administered pursuant to 

8 the Act of July 22, 1937 (7 U.S.C. 1010– 

9 1012). 

10 (10) OREGON AND CALIFORNIA RAILROAD

11 GRANT LANDS.—The term ‘‘Oregon and California 

12 Railroad Grant lands’’ means the following lands: 

13 (A) All lands in the State of Oregon re14 vested in the United States under the Act of 

15 June 9, 1916 (39 Stat. 218), that are adminis16 tered by the Secretary of the Interior, acting 

17 through the Bureau of Land Management, pur18 suant to the first section of the Act of August 

19 28, 1937 (43 U.S.C. 1181a). 

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

21 Secretary of the Interior pursuant to the land 

22 exchanges authorized and directed by section 2 

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

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

25 United States at any time and made subject to 

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1 the provisions of title II of the Act of August 

2 28, 1937 (43 U.S.C. 1181f). 

3 (11) PUBLIC LANDS.—The term ‘‘public lands’’ 

4 has the meaning given that term in section 103(e) 

5 of the Federal Land Policy and Management Act of 

6 1976 (43 U.S.C. 1702(e)), except that the term in7 cludes Coos Bay Wagon Road Grant lands and Or8 egon and California Railroad Grant lands. 

9 (12) REFORESTATION ACTIVITY.—The term 

10 ‘‘reforestation activity’’ means a project or activity 

11 carried out by the Secretary concerned whose pri12 mary purpose is the reforestation of fire-impacted 

13 lands following a large-scale wildfire. The term in14 cludes planting, evaluating and enhancing natural 

15 regeneration, clearing competing vegetation, and 

16 other activities related to reestablishment of forest 

17 species on the fire-impacted lands. 

18 (13) RESOURCE ADVISORY COMMITTEE.—The 

19 term ‘‘resource advisory committee’’ has the mean20 ing given that term in section 201(3) of the Secure 

21 Rural Schools and Community Self-Determination 

22 Act of 2000 (16 U.S.C. 7121(3)). 

23 (14) SALVAGE OPERATION.—The term ‘‘salvage 

24 operation’’ means a forest management activity unmstockstill on DSK4VPTVN1PROD with BILLS

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1 dertaken in response to a catastrophic event whose 

2 primary purpose— 

3 (A) is to prevent wildfire as a result of the 

4 catastrophic event, or, if the catastrophic event 

5 was wildfire, to prevent a re-burn of the fire-im6 pacted area; 

7 (B) is to provide an opportunity for utiliza8 tion of forest materials damaged as a result of 

9 the catastrophic event; or 

10 (C) is to provide a funding source for re11 forestation and other restoration activities for 

12 the National Forest System lands or public 

13 lands impacted by the catastrophic event. 

14 (15) SECRETARY CONCERNED.—The term 

15 ‘‘Secretary concerned’’ means— 

16 (A) the Secretary of Agriculture, with re17 spect to National Forest System lands; and 

18 (B) the Secretary of the Interior, with re19 spect to public lands. 

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1 TITLE I—EXPEDITED ENVIRON2 MENTAL ANALYSIS AND 

3 AVAILABILITY OF CATEGOR4 ICAL EXCLUSIONS TO EXPE5 DITE FOREST MANAGEMENT 

6 ACTIVITIES 

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

8 VERSUS NO ACTION) IN PROPOSED COLLABO9 RATIVE FOREST MANAGEMENT ACTIVITIES. 

10 (a) APPLICATION TO CERTAIN ENVIRONMENTAL AS11 SESSMENTS AND ENVIRONMENTAL IMPACT STATE12 MENTS.—This section shall apply whenever the Secretary 

13 concerned prepares an environmental assessment or an en14 vironmental impact statement pursuant to section 102(2) 

15 of the National Environmental Policy Act of 1969 (42 

16 U.S.C. 4332(2)) for a forest management activity that— 

17 (1) is developed through a collaborative process; 

18 (2) is proposed by a resource advisory com19 mittee; or 

20 (3) is covered by a community wildfire protec21 tion plan. 

22 (b) CONSIDERATION OF ALTERNATIVES.—In an envi23 ronmental assessment or environmental impact statement 

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

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1 study, develop, and describe only the following two alter2 natives: 

3 (1) The forest management activity, as pro4 posed pursuant to paragraph (1), (2), or (3) of sub5 section (a). 

6 (2) The alternative of no action. 

7 (c) ELEMENTS OF NON-ACTION ALTERNATIVE.—In 

8 the case of the alternative of no action, the Secretary con9 cerned shall evaluate— 

10 (1) the effect of no action on— 

11 (A) forest health; 

12 (B) habitat diversity; 

13 (C) wildfire potential; and 

14 (D) insect and disease potential; and 

15 (2) the implications of a resulting decline in 

16 forest health, loss of habitat diversity, wildfire, or in17 sect or disease infestation, given fire and insect and 

18 disease historic cycles, on— 

19 (A) domestic water costs; 

20 (B) wildlife habitat loss; and 

21 (C) other economic and social factors. 

22 SEC. 102. CATEGORICAL EXCLUSION TO EXPEDITE CER23 TAIN CRITICAL RESPONSE ACTIONS. 

24 (a) AVAILABILITY OF CATEGORICAL EXCLUSION.—A 

25 categorical exclusion is available to the Secretary conmstockstill on DSK4VPTVN1PROD with BILLS

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1 cerned to develop and carry out a forest management ac2 tivity on National Forest System lands or public lands 

3 when the primary purpose of the forest management activ4 ity is— 

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

6 (2) to reduce hazardous fuel loads; 

7 (3) to protect a municipal water source; 

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

9 habitat to protect it from catastrophic disturbances; 

10 (5) to increase water yield; or 

11 (6) any combination of the purposes specified in 

12 paragraphs (1) through (5). 

13 (b) ACREAGE LIMITATIONS.— 

14 (1) IN GENERAL.—Except in the case of a for15 est management activity described in paragraph (2), 

16 a forest management activity covered by the categor17 ical exclusion granted by subsection (a) may not 

18 contain harvest units exceeding a total of 5,000 

19 acres. 

20 (2) LARGER AREAS AUTHORIZED.—A forest 

21 management activity covered by the categorical ex22 clusion granted by subsection (a) may not contain 

23 harvest units exceeding a total of 15,000 acres if the 

24 forest management activity— 

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1 (A) is developed through a collaborative 

2 process; 

3 (B) is proposed by a resource advisory 

4 committee; or 

5 (C) is covered by a community wildfire 

6 protection plan. 

7 SEC. 103. CATEGORICAL EXCLUSION TO EXPEDITE SAL8 VAGE OPERATIONS IN RESPONSE TO CATA9 STROPHIC EVENTS. 

10 (a) AVAILABILITY OF CATEGORICAL EXCLUSION.—A 

11 categorical exclusion is available to the Secretary con12 cerned to develop and carry out a salvage operation as 

13 part of the restoration of National Forest System lands 

14 or public lands following a catastrophic event. 

15 (b) ACREAGE LIMITATIONS.— 

16 (1) IN GENERAL.—A salvage operation covered 

17 by the categorical exclusion granted by subsection 

18 (a) may not contain harvest units exceeding a total 

19 of 5,000 acres. 

20 (2) HARVEST AREA.—In addition to the limita21 tion imposed by paragraph (1), the harvest units 

22 covered by the categorical exclusion granted by sub23 section (a) may not exceed one-third of the area im24 pacted by the catastrophic event. 

25 (c) ADDITIONAL REQUIREMENTS.— 

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1 (1) ROAD BUILDING.—A salvage operation cov2 ered by the categorical exclusion granted by sub3 section (a) may not include any permanent road 

4 building. Temporary roads constructed as part of 

5 the salvage operation may not exceed one mile per 

6 square mile and shall be decommissioned upon com7 pletion of the salvage operation. 

8 (2) STREAM BUFFERS.—A salvage operation 

9 covered by the categorical exclusion granted by sub10 section (a) shall comply with the standards and 

11 guidelines for stream buffers contained in the appli12 cable forest plan unless waived by the Regional For13 ester, in the case of National Forest System lands, 

14 or the State Director of the Bureau of Land Man15 agement, in the case of public lands. 

16 (3) REFORESTATION PLAN.—A reforestation 

17 plan shall be developed under section 3 of the Act 

18 of June 9, 1930 (commonly known as the Knutson19 Vandenberg Act; 16 U.S.C. 576b), as part of a sal20 vage operation covered by the categorical exclusion 

21 granted by subsection (a). 

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1 SEC. 104. CATEGORICAL EXCLUSION TO MEET FOREST 

2 PLAN GOALS FOR EARLY SUCCESSIONAL 

3 FORESTS. 

4 (a) AVAILABILITY OF CATEGORICAL EXCLUSION.—A 

5 categorical exclusion is available to the Secretary con6 cerned to develop and carry out a forest management ac7 tivity on National Forest System lands or public lands 

8 when the primary purpose of the forest management activ9 ity is to modify, improve, enhance, or create early succes10 sional forests for wildlife habitat improvement and other 

11 purposes, consistent with the applicable forest plan. 

12 (b) ACREAGE LIMITATIONS.—A forest management 

13 activity covered by the categorical exclusion granted by 

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

15 total of 5,000 acres. 

16 SEC. 105. CLARIFICATION OF EXISTING CATEGORICAL EX17 CLUSION AUTHORITY RELATED TO INSECT 

18 AND DISEASE INFESTATION. 

19 Section 603(c)(2)(B) of the Healthy Forests Restora20 tion Act of 2003 (16 U.S.C. 6591b(c)(2)(B)) is amended 

21 by striking ‘‘Fire Regime Groups I, II, or III’’ and insert22 ing ‘‘Fire Regime I, Fire Regime II, Fire Regime III, or 

23 Fire Regime IV’’. 

24 SEC. 106. COMPLIANCE WITH FOREST PLAN. 

25 A forest management activity covered by a categorical 

26 exclusion granted by this title shall be conducted in a manmstockstill on DSK4VPTVN1PROD with BILLS

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1 ner consistent with the forest plan applicable to the Na2 tional Forest System land or public lands covered by the 

3 forest management activity. 

4 TITLE II—SALVAGE AND REFOR5 ESTATION IN RESPONSE TO 

6 CATASTROPHIC EVENTS 

7 SEC. 201. EXPEDITED SALVAGE OPERATIONS AND REFOR8 ESTATION ACTIVITIES FOLLOWING LARGE9 SCALE CATASTROPHIC EVENTS. 

10 (a) EXPEDITED ENVIRONMENTAL ASSESSMENT.— 

11 Notwithstanding any other provision of law, any environ12 mental assessment prepared by the Secretary concerned 

13 pursuant to section 102(2) of the National Environmental 

14 Policy Act of 1969 (42 U.S.C. 4332(2)) for a salvage oper15 ation or reforestation activity proposed to be conducted 

16 on National Forest System lands or public lands adversely 

17 impacted by a large-scale catastrophic event shall be com18 pleted within three months after the conclusion of the cat19 astrophic event. 

20 (b) EXPEDITED IMPLEMENTATION AND COMPLE21 TION.—In the case of reforestation activities conducted on 

22 National Forest System lands or public lands adversely 

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

24 concerned shall achieve reforestation of at least 75 percent 

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1 of the impacted lands during the five-year period following 

2 the conclusion of the catastrophic event. 

3 SEC. 202. COMPLIANCE WITH FOREST PLAN. 

4 A salvage operation or reforestation activity author5 ized by this title shall be conducted in a manner consistent 

6 with the forest plan applicable to the National Forest Sys7 tem lands or public lands covered by the salvage operation 

8 or reforestation activity. 

9 SEC. 203. PROHIBITION ON RESTRAINING ORDERS, PRE10 LIMINARY INJUNCTIONS, AND INJUNCTIONS 

11 PENDING APPEAL. 

12 No restraining order, preliminary injunction, or in13 junction pending appeal shall be issued by any court of 

14 the United States with respect to any decision to prepare 

15 or conduct a salvage operation or reforestation activity in 

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

17 of title 5, United States Code, shall not apply to any chal18 lenge to the salvage operation or reforestation activity. 

19 SEC. 204. EXCLUSION OF CERTAIN LANDS. 

20 In applying this title, the Secretary concerned may 

21 not carry out salvage operations or reforestation activities 

22 on National Forest System lands or public lands— 

23 (1) that are included in the National Wilderness 

24 Preservation System; 

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1 (2) that are located within an inventoried 

2 roadless area unless the reforestation activity is con3 sistent with the forest plan; or 

4 (3) on which timber harvesting for any purpose 

5 is prohibited by statute. 

6 TITLE III—COLLABORATIVE 

7 PROJECT LITIGATION RE8 QUIREMENT 

9 SEC. 301. DEFINITIONS. 

10 In this title: 

11 (1) COSTS.—The term ‘‘costs’’ refers to the 

12 fees and costs described in section 1920 of title 28, 

13 United States Code. 

14 (2) EXPENSES.—The term ‘‘expenses’’ includes 

15 the expenditures incurred by the staff of the Sec16 retary concerned in preparing for and responding to 

17 a legal challenge to a collaborative forest manage18 ment activity and in participating in litigation that 

19 challenges the forest management activity, including 

20 such staff time as may be used to prepare the ad21 ministrative record, exhibits, declarations, and affi22 davits in connection with the litigation. 

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1 SEC. 302. BOND REQUIREMENT AS PART OF LEGAL CHAL2 LENGE OF CERTAIN FOREST MANAGEMENT 

3 ACTIVITIES. 

4 (a) BOND REQUIRED.—In the case of a forest man5 agement activity developed through a collaborative process 

6 or proposed by a resource advisory committee, any plain7 tiff or plaintiffs challenging the forest management activ8 ity shall be required to post a bond or other security equal 

9 to the anticipated costs, expenses, and attorneys fees of 

10 the Secretary concerned as defendant, as reasonably esti11 mated by the Secretary concerned. All proceedings in the 

12 action shall be stayed until the required bond or security 

13 is provided. 

14 (b) RECOVERY OF LITIGATION COSTS, EXPENSES, 

15 AND ATTORNEYS FEES.— 

16 (1) MOTION FOR PAYMENT.—If the Secretary 

17 concerned prevails in an action challenging a forest 

18 management activity described in subsection (a), the 

19 Secretary concerned shall submit to the court a mo20 tion for payment, from the bond or other security 

21 posted under subsection (a) in such action, of the 

22 reasonable costs, expenses, and attorneys fees in23 curred by the Secretary concerned. 

24 (2) MAXIMUM AMOUNT RECOVERED.—The 

25 amount of costs, expenses, and attorneys fees recov26 ered by the Secretary concerned under paragraph 

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1 (1) as a result of prevailing in an action challenging 

2 the forest management activity may not exceed the 

3 amount of the bond or other security posted under 

4 subsection (a) in such action. 

5 (3) RETURN OF REMAINDER.—Any funds re6 maining from the bond or other security posted 

7 under subsection (a) after the payment of costs, ex8 penses, and attorneys fees under paragraph (1) shall 

9 be returned to the plaintiff or plaintiffs that posted 

10 the bond or security in the action. 

11 (c) RETURN OF BOND TO PREVAILING PLAINTIFF.— 

12 (1) IN GENERAL.—If the plaintiff ultimately 

13 prevails on the merits in every action brought by the 

14 plaintiff challenging a forest management activity 

15 described in subsection (a), the court shall return to 

16 the plaintiff any bond or security provided by the 

17 plaintiff under subsection (a), plus interest from the 

18 date the bond or security was provided. 

19 (2) ULTIMATELY PREVAILS ON THE MERITS.— 

20 In this subsection, the phrase ‘‘ultimately prevails on 

21 the merits’’ means, in a final enforceable judgment 

22 on the merits, a court rules in favor of the plaintiff 

23 on every cause of action in every action brought by 

24 the plaintiff challenging the forest management ac25 tivity. 

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1 (d) EFFECT OF SETTLEMENT.—If a challenge to a 

2 forest management activity described in subsection (a) for 

3 which a bond or other security was provided by the plain4 tiff under such subsection is resolved by settlement be5 tween the Secretary concerned and the plaintiff, the settle6 ment agreement shall provide for sharing the costs, ex7 penses, and attorneys fees incurred by the parties. 

8 (e) LIMITATION ON CERTAIN PAYMENTS.—Notwith9 standing section 1304 of title 31, United States Code, no 

10 award may be made under section 2412 of title 28, United 

11 States Code, and no amounts may be obligated or ex12 pended from the Claims and Judgment Fund of the 

13 United States Treasury to pay any fees or other expenses 

14 under such sections to any plaintiff related to an action 

15 challenging a forest management activity described in sub16 section (a). 

17 TITLE IV—SECURE RURAL 

18 SCHOOLS AND COMMUNITY 

19 SELF-DETERMINATION ACT 

20 AMENDMENTS 

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

22 PROJECTS ON FEDERAL LAND AND CERTAIN 

23 NON-FEDERAL LAND. 

24 (a) REPEAL OF MERCHANTABLE TIMBER CON25 TRACTING PILOT PROGRAM.—Section 204(e) of the Semstockstill on DSK4VPTVN1PROD with BILLS

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1 cure Rural Schools and Community Self-Determination 

2 Act of 2000 (16 U.S.C. 7124(e)) is amended by striking 

3 paragraph (3). 

4 (b) REQUIREMENTS FOR PROJECT FUNDS.—Section 

5 204 of the Secure Rural Schools and Community Self-De6 termination Act of 2000 (16 U.S.C. 7124) is amended by 

7 striking subsection (f) and inserting the following new 

8 subsection: 

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

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

11 the Secretary concerned shall ensure that at least 50 

12 percent of the project funds reserved by a partici13 pating county under section 102(d) shall be available 

14 only for projects that— 

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

16 forest products; and 

17 ‘‘(B) implement stewardship objectives 

18 that enhance forest ecosystems or restore and 

19 improve land health and water quality. 

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

21 paragraph (1) shall apply only to project funds re22 served by a participating county whose boundaries 

23 include Federal land that the Secretary concerned 

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1 est products program within 5 fiscal years before the 

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

3 SEC. 402. RESOURCE ADVISORY COMMITTEES. 

4 (a) RECOGNITION OF RESOURCE ADVISORY COMMIT5 TEES.—Section 205(a)(4) of the Secure Rural Schools 

6 and Community Self-Determination Act of 2000 (16 

7 U.S.C. 7125(a)(4)) is amended by striking ‘‘2012’’ each 

8 place it appears and inserting ‘‘2020’’. 

9 (b) TEMPORARY REDUCTION IN COMPOSITION OF

10 COMMITTEES.—Section 205(d) of the Secure Rural 

11 Schools and Community Self-Determination Act of 2000 

12 (16 U.S.C. 7125(d)) is amended— 

13 (1) in paragraph (1), by striking ‘‘Each’’ and 

14 inserting ‘‘Except during the period specified in 

15 paragraph (6), each’’; and 

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

17 paragraph: 

18 ‘‘(6) TEMPORARY REDUCTION IN MINIMUM

19 NUMBER OF MEMBERS.— 

20 ‘‘(A) TEMPORARY 6-MEMBER MINIMUM.— 

21 During the period beginning on the date of the 

22 enactment of this paragraph and ending on 

23 September 30, 2020, a resource advisory com24 mittee established under this section may be 

25 comprised of 6 or more members, of which— 

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1 ‘‘(i) at least 2 shall be representative 

2 of interests described in subparagraph (A) 

3 of paragraph (2); 

4 ‘‘(ii) at least 2 shall be representative 

5 of interests described in subparagraph (B) 

6 of paragraph (2); and 

7 ‘‘(iii) at least 2 shall be representative 

8 of interests described in subparagraph (C) 

9 of paragraph (2). 

10 ‘‘(B) ADDITIONAL REQUIREMENT.—In ap11 pointing members of a resource advisory com12 mittee from the 3 categories described in para13 graph (2), as provided in subparagraph (A), the 

14 Secretary concerned shall ensure balanced and 

15 broad representation in each category. 

16 ‘‘(C) CHARTER.—A charter for a resource 

17 advisory committee with 15 members that was 

18 filed on or before the date of the enactment of 

19 this paragraph shall be considered to be filed 

20 for a resource advisory committee described in 

21 this paragraph.’’. 

22 (c) CONFORMING CHANGE TO PROJECT APPROVAL

23 REQUIREMENTS.—Section 205(e)(3) of the Secure Rural 

24 Schools and Community Self-Determination Act of 2000 

25 (16 U.S.C. 7125(e)(3)) is amended by adding at the end 

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1 the following new sentence: ‘‘In the case of a resource ad2 visory committee consisting of fewer than 15 members, as 

3 authorized by subsection (d)(6), a project may be proposed 

4 to the Secretary concerned upon approval by a majority 

5 of the members of the committee.’’. 

6 (d) EXPANDING LOCAL PARTICIPATION ON COMMIT7 TEES.—Section 205(d) of the Secure Rural Schools and 

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

9 7125(d)) is amended— 

10 (1) in paragraph (3), by inserting before the pe11 riod at the end the following: ‘‘, consistent with the 

12 requirements of paragraph (4)’’; and 

13 (2) by striking paragraph (4) and inserting the 

14 following new paragraph: 

15 ‘‘(4) GEOGRAPHIC DISTRIBUTION.—The mem16 bers of a resource advisory committee shall reside 

17 within the county or counties in which the committee 

18 has jurisdiction or an adjacent county.’’. 

19 SEC. 403. PROGRAM FOR TITLE II SELF-SUSTAINING RE20 SOURCE ADVISORY COMMITTEE PROJECTS. 

21 (a) SELF-SUSTAINING RESOURCE ADVISORY COM22 MITTEE PROJECTS.—Title II of the Secure Rural Schools 

23 and Community Self-Determination Act of 2000 (16 

24 U.S.C. 7121 et seq.) is amended by adding at the end 

25 the following new section: 

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1 ‘‘SEC. 209. PROGRAM FOR SELF-SUSTAINING RESOURCE AD2 VISORY COMMITTEE PROJECTS. 

3 ‘‘(a) RAC PROGRAM.—The Chief of the Forest Serv4 ice shall conduct a program (to be known as the ‘self-sus5 taining resource advisory committee program’ or ‘RAC 

6 program’) under which 10 resource advisory committees 

7 will propose projects authorized by subsection (c) to be 

8 carried out using project funds reserved by a participating 

9 county under section 102(d). 

10 ‘‘(b) SELECTION OF PARTICIPATING RESOURCE AD11 VISORY COMMITTEES.—The selection of resource advisory 

12 committees to participate in the RAC program is in the 

13 sole discretion of the Chief of the Forest Service, except 

14 that, consistent with section 205(d)(6), a selected resource 

15 advisory committee must have a minimum of 6 members. 

16 ‘‘(c) AUTHORIZED PROJECTS.—Notwithstanding the 

17 project purposes specified in sections 202(b), 203(c), and 

18 204(a)(5), projects under the RAC program are intended 

19 to— 

20 ‘‘(1) accomplish forest management objectives 

21 or support community development; and 

22 ‘‘(2) generate receipts. 

23 ‘‘(d) DEPOSIT AND AVAILABILITY OF REVENUES.— 

24 Any revenue generated by a project conducted under the 

25 RAC program, including any interest accrued from the 

26 revenues, shall be— 

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1 ‘‘(1) deposited in the special account in the 

2 Treasury established under section 102(d)(2)(A); 

3 and 

4 ‘‘(2) available, in such amounts as may be pro5 vided in advance in appropriation Acts, for addi6 tional projects under the RAC program. 

7 ‘‘(e) TERMINATION OF AUTHORITY.— 

8 ‘‘(1) IN GENERAL.—The authority to initiate a 

9 project under the RAC program shall terminate on 

10 September 30, 2020. 

11 ‘‘(2) DEPOSITS IN TREASURY.—Any funds 

12 available for projects under the RAC program and 

13 not obligated by September 30, 2021, shall be depos14 ited in the Treasury of the United States.’’. 

15 (b) EXCEPTION TO GENERAL RULE REGARDING

16 TREATMENT OF RECEIPTS.—Section 403(b) of the Secure 

17 Rural Schools and Community Self-Determination Act of 

18 2000 (16 U.S.C. 7153(b)) is amended by striking ‘‘All rev19 enues’’ and inserting ‘‘Except as provided in section 209, 

20 all revenues’’. 

21 SEC. 404. ADDITIONAL AUTHORIZED USE OF RESERVED 

22 FUNDS FOR TITLE III COUNTY PROJECTS. 

23 Section 302(a) of the Secure Rural Schools and Com24 munity Self-Determination Act of 2000 (16 U.S.C. 

25 7142(a)) is amended— 

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1 (1) in paragraph (2)— 

2 (A) by inserting ‘‘and law enforcement pa3 trols’’ after ‘‘including firefighting’’; and 

4 (B) by striking ‘‘and’’ at the end of para5 graph (2); 

6 (2) by redesignating paragraph (3) as para7 graph (4); and 

8 (3) by inserting after paragraph (2) the fol9 lowing new paragraph (3): 

10 ‘‘(3) to cover training costs and equipment pur11 chases directly related to the emergency services de12 scribed in paragraph (2); and’’. 

13 TITLE V—STEWARDSHIP END 

14 RESULT CONTRACTING 

15 SEC. 501. CANCELLATION CEILINGS FOR STEWARDSHIP 

16 END RESULT CONTRACTING PROJECTS. 

17 (a) CANCELLATION CEILINGS.—Section 604 of the 

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

19 6591c) is amended— 

20 (1) by redesignating subsections (h) and (i) as 

21 subsections (i) and (j), respectively; and 

22 (2) by inserting after subsection (g) the fol23 lowing new subsection (h): 

24 ‘‘(h) CANCELLATION CEILINGS.— 

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1 ‘‘(1) IN GENERAL.—The Chief and the Director 

2 may obligate funds to cover any potential cancella3 tion or termination costs for an agreement or con4 tract under subsection (b) in stages that are eco5 nomically or programmatically viable. 

6 ‘‘(2) ADVANCE NOTICE TO CONGRESS OF CAN7 CELLATION CEILING IN EXCESS OF $25,000,000.—Not 

8 later than 30 days before entering into a multiyear 

9 agreement or contract under subsection (b) that in10 cludes a cancellation ceiling in excess of 

11 $25,000,000, but does not include proposed funding 

12 for the costs of cancelling the agreement or contract 

13 up to such cancellation ceiling, the Chief or the Di14 rector, as the case may be, shall submit to the Com15 mittee on Energy and Natural Resources and the 

16 Committee on Agriculture, Nutrition, and Forestry 

17 of the Senate and the Committee on Natural Re18 sources and the Committee on Agriculture of the 

19 House of Representatives a written notice that in20 cludes— 

21 ‘‘(A) the cancellation ceiling amounts pro22 posed for each program year in the agreement 

23 or contract; 

24 ‘‘(B) the reasons why such cancellation 

25 ceiling amounts were selected; 

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1 ‘‘(C) the extent to which the costs of con2 tract cancellation are not included in the budget 

3 for the agreement or contract; and 

4 ‘‘(D) an assessment of the financial risk of 

5 not including budgeting for the costs of agree6 ment or contract cancellation. 

7 ‘‘(3) TRANSMITTAL OF NOTICE TO OMB.—Not 

8 later than 14 days after the date on which written 

9 notice is provided under paragraph (2) with respect 

10 to an agreement or contract under subsection (b), 

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

12 transmit a copy of the notice to the Director of the 

13 Office of Management and Budget.’’. 

14 (b) RELATION TO OTHER LAWS.—Section 604(d)(5) 

15 of the Healthy Forests Restoration Act of 2003 (16 

16 U.S.C. 6591c(d)(5)) is amended by striking ‘‘, the Chief 

17 may’’ and inserting ‘‘and section 2(a)(1) of the Act of July 

18 31, 1947 (commonly known as the Materials Act of 1947; 

19 30 U.S.C. 602(a)(1)), the Chief and the Director may’’. 

20 SEC. 502. EXCESS OFFSET VALUE. 

21 Section 604(g)(2) of the Healthy Forests Restoration 

22 Act of 2003 (16 U.S.C. 6591c(g)(2)) is amended by strik23 ing subparagraphs (A) and (B) and inserting the following 

24 new subparagraphs: 

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1 ‘‘(A) use the excess to satisfy any out2 standing liabilities for cancelled agreements or 

3 contracts; or 

4 ‘‘(B) if there are no outstanding liabilities 

5 under subparagraph (A), apply the excess to 

6 other authorized stewardship projects.’’. 

7 SEC. 503. PAYMENT OF PORTION OF STEWARDSHIP 

8 PROJECT REVENUES TO COUNTY IN WHICH 

9 STEWARDSHIP PROJECT OCCURS. 

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

11 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.’’. 

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1 SEC. 504. SUBMISSION OF EXISTING ANNUAL REPORT. 

2 Subsection (j) of section 604 of the Healthy Forests 

3 Restoration Act of 2003 (16 U.S.C. 6591c), as redesig4 nated by section 501(a)(1), is amended by striking ‘‘report 

5 to the Committee on Agriculture, Nutrition, and Forestry 

6 of the Senate and the Committee on Agriculture of the 

7 House of Representatives’’ and inserting ‘‘submit to the 

8 congressional committees specified in subsection (h)(2) a 

9 report’’. 

10 TITLE VI—ADDITIONAL FUND11 ING SOURCES FOR FOREST 

12 MANAGEMENT ACTIVITIES 

13 SEC. 601. DEFINITIONS. 

14 In this title: 

15 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti16 ty’’ means— 

17 (A) a State or political subdivision of a 

18 State containing National Forest System lands 

19 or public lands; 

20 (B) a publicly chartered utility serving one 

21 or more States or a political subdivision thereof; 

22 (C) a rural electric company; and 

23 (D) any other entity determined by the 

24 Secretary concerned to be appropriate for par25 ticipation in the Fund. 

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1 (2) FUND.—The term ‘‘Fund’’ means the 

2 State-Supported Forest Management Fund estab3 lished by section 603. 

4 SEC. 602. AVAILABILITY OF STEWARDSHIP PROJECT REVE5 NUES AND COLLABORATIVE FOREST LAND6 SCAPE RESTORATION FUND TO COVER FOR7 EST MANAGEMENT ACTIVITY PLANNING 

8 COSTS. 

9 (a) AVAILABILITY OF STEWARDSHIP PROJECT REVE10 NUES.—Section 604(e)(2)(B) of the Healthy Forest Res11 toration Act of 2003 (16 U.S.C. 6591c(e)(2)(B)), as 

12 amended by section 503, is further amended by striking 

13 ‘‘appropriation at the project site from which the monies 

14 are collected or at another project site.’’ and inserting the 

15 following: ‘‘appropriation— 

16 ‘‘(i) at the project site from which the 

17 monies are collected or at another project 

18 site; and 

19 ‘‘(ii) to cover not more than 25 per20 cent of the cost of planning additional 

21 stewardship contracting projects.’’. 

22 (b) AVAILABILITY OF COLLABORATIVE FOREST

23 LANDSCAPE RESTORATION FUND.—Section 4003(f)(1) of 

24 the Omnibus Public Land Management Act of 2009 (16 

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1 U.S.C. 7303(f)(1)) is amended by striking ‘‘carrying out 

2 and’’ and inserting ‘‘planning, carrying out, and’’. 

3 SEC. 603. STATE-SUPPORTED PLANNING OF FOREST MAN4 AGEMENT ACTIVITIES. 

5 (a) STATE-SUPPORTED FOREST MANAGEMENT

6 FUND.—There is established in the Treasury of the 

7 United States a fund, to be known as the ‘‘State-Sup8 ported Forest Management Fund’’, to cover the cost of 

9 planning, carrying out, and monitoring certain forest man10 agement activities on National Forest System lands or 

11 public lands. 

12 (b) CONTENTS.—The State-Supported Forest Man13 agement Fund shall consist of such amounts as may be— 

14 (1) contributed by an eligible entity for deposit 

15 in the Fund; 

16 (2) appropriated to the Fund; or 

17 (3) generated by forest management activities 

18 carried out using amounts in the Fund. 

19 (c) GEOGRAPHICAL AND USE LIMITATIONS.—In 

20 making a contribution under subsection (b)(1), an eligible 

21 entity may— 

22 (1) specify the National Forest System lands or 

23 public lands for which the contribution may be ex24 pended; and 

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1 (2) limit the types of forest management activi2 ties for which the contribution may be expended. 

3 (d) AUTHORIZED FOREST MANAGEMENT ACTIVI4 TIES.—In such amounts as may be provided in advance 

5 in appropriation Acts, the Secretary concerned may use 

6 the Fund to plan, carry out, and monitor a forest manage7 ment activity that— 

8 (1) is developed through a collaborative process; 

9 (2) is proposed by a resource advisory com10 mittee; or 

11 (3) is covered by a community wildfire protec12 tion plan. 

13 (e) IMPLEMENTATION METHODS.—A forest manage14 ment activity carried out using amounts in the Fund may 

15 be carried out using a contract or agreement under section 

16 604 of the Healthy Forests Restoration Act of 2003 (16 

17 U.S.C. 6591c), the good neighbor authority provided by 

18 section 8206 of the Agricultural Act of 2014 (16 U.S.C. 

19 2113a), a contract under section 14 of the National Forest 

20 Management Act of 1976 (16 U.S.C. 472a), or other au21 thority available to the Secretary concerned, but revenues 

22 generated by the forest management activity shall be used 

23 to reimburse the Fund for planning costs covered using 

24 amounts in the Fund. 

25 (f) RELATION TO OTHER LAWS.— 

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1 (1) REVENUE SHARING.—Subject to subsection 

2 (e), revenues generated by a forest management ac3 tivity carried out using amounts from the Fund shall 

4 be considered monies received from the National 

5 Forest System. 

6 (2) KNUTSON-VANDERBERG ACT.—The Act of 

7 June 9, 1930 (commonly known as the Knutson8 Vanderberg Act; 16 U.S.C. 576 et seq.), shall apply 

9 to any forest management activity carried out using 

10 amounts in the Fund. 

11 (g) TERMINATION OF FUND.— 

12 (1) TERMINATION.—The Fund shall terminate 

13 on September 30, 2025. 

14 (2) EFFECT OF TERMINATION.—Upon the ter15 mination of the Fund pursuant to paragraph (1) or 

16 pursuant to any other provision of law, unobligated 

17 contributions remaining in the Fund shall be re18 turned to the eligible entity that made the contribu19 tion. 

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1 TITLE VII—TRIBAL FORESTRY 

2 PARTICIPATION AND PRO3 TECTION 

4 SEC. 701. 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’’; and 

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

16 paragraph: 

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

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

19 120 days after the date on which the Secretary 

20 receives a tribal request under paragraph (1), 

21 the Secretary shall provide an initial response 

22 to the Indian tribe regarding— 

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

24 selection criteria described in subsection 

25 (c); and 

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1 ‘‘(ii) the likelihood of the Secretary 

2 entering into an agreement or contract 

3 with the Indian tribe under paragraph (2) 

4 for activities described in paragraph (3). 

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

6 subsection (d) of the denial of a tribal request 

7 under paragraph (1) shall be provided not later 

8 than one year after the date on which the Sec9 retary received the request. 

10 ‘‘(C) COMPLETION.—Not later than two 

11 years after the date on which the Secretary re12 ceives a tribal request under paragraph (1), 

13 other than a tribal request denied under sub14 section (d), the Secretary shall— 

15 ‘‘(i) complete all environmental re16 views necessary in connection with the 

17 agreement or contract and proposed activi18 ties under the agreement or contract; and 

19 ‘‘(ii) enter into the agreement or con20 tract with the Indian tribe under para21 graph (2).’’. 

22 (b) CONFORMING AND TECHNICAL AMENDMENTS.— 

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

24 U.S.C. 3115a) is amended— 

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1 (1) in subsections (a)(1) and (f)(1), by striking 

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

3 Related Agencies Appropriations Act, 1999 (16 

4 U.S.C. 2104 note; Public Law 105-277) (as amend5 ed by section 323 of the Department of the Interior 

6 and Related Agencies Appropriations Act, 2003 (117 

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

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

9 6591c)’’; and 

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

11 (b)(1), the Secretary may’’ and inserting ‘‘para12 graphs (1) and (4)(B) of subsection (b), the Sec13 retary shall’’. 

14 SEC. 702. MANAGEMENT OF INDIAN FOREST LAND AUTHOR15 IZED TO INCLUDE RELATED NATIONAL FOR16 EST SYSTEM LANDS AND PUBLIC LANDS. 

17 Section 305 of the National Indian Forest Resources 

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

19 at the end the following new subsection: 

20 ‘‘(c) INCLUSION OF CERTAIN NATIONAL FOREST

21 SYSTEM LAND AND PUBLIC LAND.— 

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

23 tribe, the Secretary concerned may treat Federal 

24 forest land as Indian forest land for purposes of 

25 planning and conducting forest land management 

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1 activities under this section if the Federal forest 

2 land is located within, or mostly within, a geographic 

3 area that presents a feature or involves cir4 cumstances principally relevant to that Indian tribe, 

5 such as Federal forest land ceded to the United 

6 States by treaty, Federal forest land within the 

7 boundaries of a current or former reservation, or 

8 Federal forest land adjudicated to be tribal home9 lands. 

10 ‘‘(2) DEFINITIONS.—In this subsection: 

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

12 ‘Federal forest land’ means— 

13 ‘‘(i) National Forest System lands de14 rived from the public domain; and 

15 ‘‘(ii) public lands (as defined in sec16 tion 103(e) of the Federal Land Policy and 

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

18 1702(e))), including Coos Bay Wagon 

19 Road Grant lands reconveyed to the 

20 United States pursuant to the first section 

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

22 1179), and Oregon and California Railroad 

23 Grant lands. 

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

25 ‘Secretary concerned’ means— 

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

2 respect to the Federal forest land referred 

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

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

5 with respect to the Federal forest land re6 ferred to in subparagraph (A)(ii).’’. 

7 TITLE VIII—MISCELLANEOUS 

8 FOREST MANAGEMENT PRO9 VISIONS 

10 SEC. 801. BALANCING SHORT- AND LONG-TERM EFFECTS 

11 OF FOREST MANAGEMENT ACTIVITIES IN 

12 CONSIDERING INJUNCTIVE RELIEF. 

13 As part of its weighing the equities while considering 

14 any request for an injunction that applies to any agency 

15 action as part of a forest management activity under this 

16 Act, the court reviewing the agency action shall balance 

17 the impact to the ecosystem likely affected by the forest 

18 management activity of— 

19 (1) the short- and long-term effects of under20 taking the agency action; against 

21 (2) the short- and long-term effects of not un22 dertaking the action. 

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1 SEC. 802. CONDITIONS ON FOREST SERVICE ROAD DECOM2 MISSIONING. 

3 (a) CONSULTATION WITH AFFECTED COUNTY.— 

4 Whenever any Forest Service defined maintenance level 

5 one or two system road within a designated high fire prone 

6 area of a unit of the National Forest System is considered 

7 for decommissioning, the Forest Supervisor of that unit 

8 of the National Forest System shall— 

9 (1) consult with the government of the county 

10 containing the road regarding the merits and pos11 sible consequences of decommissioning the road; and 

12 (2) solicit possible alternatives to decommis13 sioning the road. 

14 (b) REGIONAL FORESTER APPROVAL.—A Forest 

15 Service road described in subsection (a) may not be de16 commissioned without the advance approval of the Re17 gional Forester. 

18 SEC. 803. PROHIBITION ON APPLICATION OF EASTSIDE 

19 SCREENS REQUIREMENTS ON NATIONAL 

20 FOREST SYSTEM LANDS. 

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

22 the Secretary of Agriculture may not apply to National 

23 Forest System lands any of the amendments to forest 

24 plans adopted in the Decision Notice for the Revised Con25 tinuation of Interim Management Direction Establishing 

26 Riparian, Ecosystem and Wildlife Standards for Timber 

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1 Sales (commonly known as the Eastside Screens require2 ments), including all preceding or associated versions of 

3 these amendments. 

4 SEC. 804. USE OF SITE-SPECIFIC FOREST PLAN AMEND5 MENTS FOR CERTAIN PROJECTS AND ACTIVI6 TIES. 

7 If the Secretary concerned determines that, in order 

8 to conduct a project or carry out an activity implementing 

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

10 the Secretary concerned shall execute such amendment as 

11 a nonsignificant plan amendment through the record of 

12 decision or decision notice for the project or activity. 

13 SEC. 805. KNUTSON-VANDENBERG ACT MODIFICATIONS. 

14 (a) DEPOSITS OF FUNDS FROM NATIONAL FOREST

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

16 Act of June 9, 1930 (commonly known as the Knutson17 Vandenberg Act; 16 U.S.C. 576b(a)), is amended by strik18 ing ‘‘The Secretary’’ and all that follows through ‘‘any 

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

20 Agriculture shall require each purchaser’’. 

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

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

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

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

25 the following: 

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

2 (2) by redesignating subsection (c) as sub3 section (d); and 

4 (3) by inserting before subsection (d), as so re5 designated, the following new subsection (c): 

6 ‘‘(c)(1) Amounts in the special fund established pur7 suant to this section— 

8 ‘‘(A) shall be used exclusively to implement ac9 tivities authorized by subsection (a); and 

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

11 Service Region from which the original deposits were 

12 collected. 

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

14 overhead costs from the funds collected under subsection 

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

16 Ranger District for the planning and implementation of 

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

18 SEC. 806. EXCLUSION OF CERTAIN NATIONAL FOREST SYS19 TEM LANDS AND PUBLIC LANDS. 

20 Unless specifically provided by a provision of this Act, 

21 the authorities provided by this Act do not apply with re22 spect to any National Forest System lands or public 

23 lands— 

24 (1) that are included in the National Wilderness 

25 Preservation System; 

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1 (2) that are located within an inventoried 

2 roadless area unless the forest management activity 

3 to be carried out under such authority is consistent 

4 with the forest plan applicable to the area; or 

5 (3) on which timber harvesting for any purpose 

6 is prohibited by statute. 

Æ 

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