IIB 

114TH CONGRESS 

1ST SESSION H. R. 2647 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2015 

Received; read twice and referred to the Committee on Agriculture, Nutrition, 

and Forestry 

AN ACT 

To expedite under the National Environmental Policy Act 

of 1969 and improve forest management activities on 

National Forest System lands, on public lands under 

the jurisdiction of the Bureau of Land Management, 

and on tribal lands to return resilience to overgrown, 

fire-prone forested lands, and for other purposes. 

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


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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. Categorical exclusion to improve, restore, and reduce the risk of wildfire. 

Sec. 107. 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. 


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Sec. 405. Treatment as supplemental funding. 

TITLE V—STEWARDSHIP END RESULT CONTRACTING 

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. 

Sec. 505. Fire liability provision. 

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. 

Sec. 703. Tribal forest management demonstration project. 

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. 

Sec. 807. Application of Northwest Forest Plan Survey and Manage Mitigation 

Measure Standard and Guidelines. 

Sec. 808. Management of Bureau of Land Management lands in western Oregon. 

Sec. 809. Bureau of Land Management resource management plans. 

Sec. 810. Landscape-scale forest restoration project. 

TITLE IX—MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND 

Sec. 901. Wildfire on Federal lands. 

Sec. 902. Declaration of a major disaster for wildfire on Federal lands. 

Sec. 903. Prohibition on transfers. 

1 SEC. 2. DEFINITIONS. 

2 In titles I through VIII: 


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1 (1) CATASTROPHIC EVENT.—The term ‘‘cata2 strophic event’’ means any natural disaster (such as 

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

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

5 wave, earthquake, volcanic eruption, landslide, 

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

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

8 (2) CATEGORICAL EXCLUSION.—The term ‘‘cat9 egorical exclusion’’ refers to an exception to the re10 quirements of the National Environmental Policy 

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

12 or activity relating to the management of National 

13 Forest System lands or public lands. 

14 (3) COLLABORATIVE PROCESS.—The term ‘‘col15 laborative process’’ refers to a process relating to the 

16 management of National Forest System lands or 

17 public lands by which a project or activity is devel18 oped and implemented by the Secretary concerned 

19 through collaboration with interested persons, as de20 scribed in section 603(b)(1)(C) of the Healthy For21 ests Restoration Act of 2003 (16 U.S.C. 

22 6591b(b)(1)(C)). 

23 (4) COMMUNITY WILDFIRE PROTECTION

24 PLAN.—The term ‘‘community wildfire protection 

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


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1 101(3) of the Healthy Forests Restoration Act of 

2 2003 (16 U.S.C. 6511(3)). 

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

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

5 means the lands reconveyed to the United States 

6 pursuant to the first section of the Act of February 

7 26, 1919 (40 Stat. 1179). 

8 (6) FOREST MANAGEMENT ACTIVITY.—The 

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

10 or activity carried out by the Secretary concerned on 

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

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

14 means— 

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

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

19 1712); or 

20 (B) a land and resource management plan 

21 prepared by the Forest Service for a unit of the 

22 National Forest System pursuant to section 6 

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

25 1604). 


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

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

4 acres of reasonably contiguous National Forest Sys5 tem lands or public lands. 

6 (9) NATIONAL FOREST SYSTEM.—The term 

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

8 that term in section 11(a) of the Forest and Range9 land Renewable Resources Planning Act of 1974 (16 

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

11 (10) OREGON AND CALIFORNIA RAILROAD

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

13 Railroad Grant lands’’ means the following lands: 

14 (A) All lands in the State of Oregon re15 vested in the United States under the Act of 

16 June 9, 1916 (39 Stat. 218), that are adminis17 tered by the Secretary of the Interior, acting 

18 through the Bureau of Land Management, pur19 suant to the first section of the Act of August 

20 28, 1937 (43 U.S.C. 1181a). 

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

22 Secretary of the Interior pursuant to the land 

23 exchanges authorized and directed by section 2 

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


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

2 United States at any time and made subject to 

3 the provisions of title II of the Act of August 

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

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

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

7 of the Federal Land Policy and Management Act of 

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

11 (12) REFORESTATION ACTIVITY.—The term 

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

13 carried out by the Secretary concerned whose pri14 mary purpose is the reforestation of impacted lands 

15 following a large-scale catastrophic event. The term 

16 includes planting, evaluating and enhancing natural 

17 regeneration, clearing competing vegetation, and 

18 other activities related to reestablishment of forest 

19 species on the fire-impacted lands. 

20 (13) RESOURCE ADVISORY COMMITTEE.—The 

21 term ‘‘resource advisory committee’’ has the mean22 ing given that term in section 201(3) of the Secure 

23 Rural Schools and Community Self-Determination 

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


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

2 operation’’ means a forest management activity un3 dertaken in response to a catastrophic event whose 

4 primary purpose— 

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

6 catastrophic event, or, if the catastrophic event 

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

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

11 the catastrophic event; or 

12 (C) is to provide a funding source for re13 forestation and other restoration activities for 

14 the National Forest System lands or public 

15 lands impacted by the catastrophic event. 

16 (15) SECRETARY CONCERNED.—The term 

17 ‘‘Secretary concerned’’ means— 

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

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


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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 

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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 new permanent 

4 roads. Temporary roads constructed as part of the 

5 salvage operation shall be retired before the end of 

6 the fifth fiscal year beginning after the completion 

7 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) PROJECT GOALS.—To the maximum extent prac13 ticable, the Secretary concerned shall design a forest man14 agement activity under this section to meet early succes15 sional forest goals in such a manner so as to maximize 

16 production and regeneration of priority species, as identi17 fied in the forest plan and consistent with the capability 

18 of the activity site. 

19 (c) ACREAGE LIMITATIONS.—A forest management 

20 activity covered by the categorical exclusion granted by 

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

22 total of 5,000 acres. 


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1 SEC. 105. CLARIFICATION OF EXISTING CATEGORICAL EX2 CLUSION AUTHORITY RELATED TO INSECT 

3 AND DISEASE INFESTATION. 

4 Section 603(c)(2)(B) of the Healthy Forests Restora5 tion Act of 2003 (16 U.S.C. 6591b(c)(2)(B)) is amended 

6 by striking ‘‘Fire Regime Groups I, II, or III’’ and insert7 ing ‘‘Fire Regime I, Fire Regime II, Fire Regime III, or 

8 Fire Regime IV’’. 

9 SEC. 106. CATEGORICAL EXCLUSION TO IMPROVE, RE10 STORE, AND REDUCE THE RISK OF WILDFIRE. 

11 (a) AVAILABILITY OF CATEGORICAL EXCLUSION.—A 

12 categorical exclusion is available to the Secretary con13 cerned to carry out a forest management activity described 

14 in subsection (c) on National Forest System Lands or 

15 public lands when the primary purpose of the activity is 

16 to improve, restore, or reduce the risk of wildfire on those 

17 lands. 

18 (b) ACREAGE LIMITATIONS.—A forest management 

19 activity covered by the categorical exclusion granted by 

20 subsection (a) may not exceed 5,000 acres. 

21 (c) AUTHORIZED ACTIVITIES.—The following activi22 ties may be carried out using a categorical exclusion 

23 granted by subsection (a): 

24 (1) Removal of juniper trees, medusahead rye, 

25 conifer trees, pin ̃on pine trees, cheatgrass, and other 

26 noxious or invasive weeds specified on Federal or 


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1 State noxious weeds lists through late-season live2 stock grazing, targeted livestock grazing, prescribed 

3 burns, and mechanical treatments. 

4 (2) Performance of hazardous fuels manage5 ment. 

6 (3) Creation of fuel and fire breaks. 

7 (4) Modification of existing fences in order to 

8 distribute livestock and help improve wildlife habitat. 

9 (5) Installation of erosion control devices. 

10 (6) Construction of new and maintenance of 

11 permanent infrastructure, including stock ponds, 

12 water catchments, and water spring boxes used to 

13 benefit livestock and improve wildlife habitat. 

14 (7) Performance of soil treatments, native and 

15 non-native seeding, and planting of and trans16 planting sagebrush, grass, forb, shrub, and other 

17 species. 

18 (8) Use of herbicides, so long as the Secretary 

19 concerned determines that the activity is otherwise 

20 conducted consistently with agency procedures, in21 cluding any forest plan applicable to the area cov22 ered by the activity. 

23 (d) DEFINITIONS.—In this section: 

24 (1) HAZARDOUS FUELS MANAGEMENT.—The 

25 term ‘‘hazardous fuels management’’ means any 


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1 vegetation management activities that reduce the 

2 risk of wildfire. 

3 (2) LATE-SEASON GRAZING.—The term ‘‘late4 season grazing’’ means grazing activities that occur 

5 after both the invasive species and native perennial 

6 species have completed their current-year annual 

7 growth cycle until new plant growth begins to ap8 pear in the following year. 

9 (3) TARGETED LIVESTOCK GRAZING.—The 

10 term ‘‘targeted livestock grazing’’ means grazing 

11 used for purposes of hazardous fuel reduction. 

12 SEC. 107. COMPLIANCE WITH FOREST PLAN. 

13 A forest management activity covered by a categorical 

14 exclusion granted by this title shall be conducted in a man15 ner consistent with the forest plan applicable to the Na16 tional Forest System land or public lands covered by the 

17 forest management activity. 

18 TITLE II—SALVAGE AND REFOR19 ESTATION IN RESPONSE TO 

20 CATASTROPHIC EVENTS 

21 SEC. 201. EXPEDITED SALVAGE OPERATIONS AND REFOR22 ESTATION ACTIVITIES FOLLOWING LARGE23 SCALE CATASTROPHIC EVENTS. 

24 (a) EXPEDITED ENVIRONMENTAL ASSESSMENT.— 

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1 mental assessment prepared by the Secretary concerned 

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

3 Policy Act of 1969 (42 U.S.C. 4332(2)) for a salvage oper4 ation or reforestation activity proposed to be conducted 

5 on National Forest System lands or public lands adversely 

6 impacted by a large-scale catastrophic event shall be com7 pleted within 3 months after the conclusion of the cata8 strophic event. 

9 (b) EXPEDITED IMPLEMENTATION AND COMPLE10 TION.—In the case of reforestation activities conducted on 

11 National Forest System lands or public lands adversely 

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

13 concerned shall achieve reforestation of at least 75 percent 

14 of the impacted lands during the 5-year period following 

15 the conclusion of the catastrophic event. 

16 (c) AVAILABILITY OF KNUTSON-VANDENBERG

17 FUNDS.—Amounts in the special fund established pursu18 ant to section 3 of the Act of June 9, 1930 (commonly 

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

20 shall be available to the Secretary of Agriculture for refor21 estation activities authorized by this title. 

22 (d) TIMELINE FOR PUBLIC INPUT PROCESS.—Not23 withstanding any other provision of law, in the case of a 

24 salvage operation or reforestation activity proposed to be 

25 conducted on National Forest System lands or public 


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1 lands adversely impacted by a large-scale catastrophic 

2 event, the Secretary concerned shall allow 30 days for pub3 lic scoping and comment, 15 days for filing an objection, 

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

5 objection. Upon completion of this process and expiration 

6 of the period specified in subsection (a), the Secretary con7 cerned shall implement the project immediately. 

8 SEC. 202. COMPLIANCE WITH FOREST PLAN. 

9 A salvage operation or reforestation activity author10 ized by this title shall be conducted in a manner consistent 

11 with the forest plan applicable to the National Forest Sys12 tem lands or public lands covered by the salvage operation 

13 or reforestation activity. 

14 SEC. 203. PROHIBITION ON RESTRAINING ORDERS, PRE15 LIMINARY INJUNCTIONS, AND INJUNCTIONS 

16 PENDING APPEAL. 

17 No restraining order, preliminary injunction, or in18 junction pending appeal shall be issued by any court of 

19 the United States with respect to any decision to prepare 

20 or conduct a salvage operation or reforestation activity in 

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

22 of title 5, United States Code, shall not apply to any chal23 lenge to the salvage operation or reforestation activity. 


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1 SEC. 204. EXCLUSION OF CERTAIN LANDS. 

2 In applying this title, the Secretary concerned may 

3 not carry out salvage operations or reforestation activities 

4 on National Forest System lands or public lands— 

5 (1) that are included in the National Wilderness 

6 Preservation System; 

7 (2) that are located within an inventoried 

8 roadless area unless the reforestation activity is con9 sistent with the forest plan; or 

10 (3) on which timber harvesting for any purpose 

11 is prohibited by statute. 

12 TITLE III—COLLABORATIVE 

13 PROJECT LITIGATION RE14 QUIREMENT 

15 SEC. 301. DEFINITIONS. 

16 In this title: 

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

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

19 United States Code. 

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

21 the expenditures incurred by the staff of the Sec22 retary concerned in preparing for and responding to 

23 a legal challenge to a collaborative forest manage24 ment activity and in participating in litigation that 

25 challenges the forest management activity, including 

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1 ministrative record, exhibits, declarations, and affi2 davits in connection with the litigation. 

3 SEC. 302. BOND REQUIREMENT AS PART OF LEGAL CHAL4 LENGE OF CERTAIN FOREST MANAGEMENT 

5 ACTIVITIES. 

6 (a) BOND REQUIRED.—In the case of a forest man7 agement activity developed through a collaborative process 

8 or proposed by a resource advisory committee, any plain9 tiff or plaintiffs challenging the forest management activ10 ity shall be required to post a bond or other security equal 

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

12 the Secretary concerned as defendant, as reasonably esti13 mated by the Secretary concerned. All proceedings in the 

14 action shall be stayed until the required bond or security 

15 is provided. 

16 (b) RECOVERY OF LITIGATION COSTS, EXPENSES, 

17 AND ATTORNEYS FEES.— 

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

19 concerned prevails in an action challenging a forest 

20 management activity described in subsection (a), the 

21 Secretary concerned shall submit to the court a mo22 tion for payment, from the bond or other security 

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

24 reasonable costs, expenses, and attorneys fees in25 curred by the Secretary concerned. 


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1 (2) MAXIMUM AMOUNT RECOVERED.—The 

2 amount of costs, expenses, and attorneys fees recov3 ered by the Secretary concerned under paragraph 

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

5 the forest management activity may not exceed the 

6 amount of the bond or other security posted under 

7 subsection (a) in such action. 

8 (3) RETURN OF REMAINDER.—Any funds re9 maining from the bond or other security posted 

10 under subsection (a) after the payment of costs, ex11 penses, and attorneys fees under paragraph (1) shall 

12 be returned to the plaintiff or plaintiffs that posted 

13 the bond or security in the action. 

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

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

16 prevails on the merits in every action brought by the 

17 plaintiff challenging a forest management activity 

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

19 the plaintiff any bond or security provided by the 

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

21 date the bond or security was provided. 

22 (2) ULTIMATELY PREVAILS ON THE MERITS.— 

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

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

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


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1 on every cause of action in every action brought by 

2 the plaintiff challenging the forest management ac3 tivity. 

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

5 forest management activity described in subsection (a) for 

6 which a bond or other security was provided by the plain7 tiff under such subsection is resolved by settlement be8 tween the Secretary concerned and the plaintiff, the settle9 ment agreement shall provide for sharing the costs, ex10 penses, and attorneys fees incurred by the parties. 

11 (e) LIMITATION ON CERTAIN PAYMENTS.—Notwith12 standing section 1304 of title 31, United States Code, no 

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

14 States Code, and no amounts may be obligated or ex15 pended from the Claims and Judgment Fund of the 

16 United States Treasury to pay any fees or other expenses 

17 under such sections to any plaintiff related to an action 

18 challenging a forest management activity described in sub19 section (a). 


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1 TITLE IV—SECURE RURAL 

2 SCHOOLS AND COMMUNITY 

3 SELF-DETERMINATION ACT 

4 AMENDMENTS 

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

6 PROJECTS ON FEDERAL LAND AND CERTAIN 

7 NON-FEDERAL LAND. 

8 (a) REPEAL OF MERCHANTABLE TIMBER CON9 TRACTING PILOT PROGRAM.—Section 204(e) of the Se10 cure Rural Schools and Community Self-Determination 

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

12 paragraph (3). 

13 (b) REQUIREMENTS FOR PROJECT FUNDS.—Section 

14 204 of the Secure Rural Schools and Community Self-De15 termination Act of 2000 (16 U.S.C. 7124) is amended by 

16 striking subsection (f) and inserting the following new 

17 subsection: 

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

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

20 the Secretary concerned shall ensure that at least 50 

21 percent of the project funds reserved by a partici22 pating county under section 102(d) shall be available 

23 only for projects that— 


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

2 forest products, reduce fire risks, or improve 

3 water supplies; and 

4 ‘‘(B) implement stewardship objectives 

5 that enhance forest ecosystems or restore and 

6 improve land health and water quality. 

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

8 paragraph (1) shall apply only to project funds re9 served by a participating county whose boundaries 

10 include Federal land that the Secretary concerned 

11 determines has been subject to a timber or other for12 est products program within 5 fiscal years before the 

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

14 SEC. 402. RESOURCE ADVISORY COMMITTEES. 

15 (a) RECOGNITION OF RESOURCE ADVISORY COMMIT16 TEES.—Section 205(a)(4) of the Secure Rural Schools 

17 and Community Self-Determination Act of 2000 (16 

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

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

20 (b) TEMPORARY REDUCTION IN COMPOSITION OF

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

22 Schools and Community Self-Determination Act of 2000 

23 (16 U.S.C. 7125(d)) is amended— 


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

2 inserting ‘‘Except during the period specified in 

3 paragraph (6), each’’; and 

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

5 paragraph: 

6 ‘‘(6) TEMPORARY REDUCTION IN MINIMUM

7 NUMBER OF MEMBERS.— 

8 ‘‘(A) TEMPORARY REDUCTION.—During 

9 the period beginning on the date of the enact10 ment of this paragraph and ending on Sep11 tember 30, 2020, a resource advisory committee 

12 established under this section may be comprised 

13 of nine or more members, of which— 

14 ‘‘(i) at least three shall be representa15 tive of interests described in subparagraph 

16 (A) of paragraph (2); 

17 ‘‘(ii) at least three shall be representa18 tive of interests described in subparagraph 

19 (B) of paragraph (2); and 

20 ‘‘(iii) at least three shall be represent21 ative of interests described in subpara22 graph (C) of paragraph (2). 

23 ‘‘(B) ADDITIONAL REQUIREMENTS.—In 

24 appointing members of a resource advisory com25 mittee from the three categories described in 


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1 paragraph (2), as provided in subparagraph 

2 (A), the Secretary concerned shall ensure bal3 anced and broad representation in each cat4 egory. In the case of a vacancy on a resource 

5 advisory committee, the vacancy shall be filled 

6 within 90 days after the date on which the va7 cancy occurred. Appointments to a new re8 source advisory committee shall be made within 

9 90 days after the date on which the decision to 

10 form the new resource advisory committee was 

11 made. 

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

13 advisory committee with 15 members that was 

14 filed on or before the date of the enactment of 

15 this paragraph shall be considered to be filed 

16 for a resource advisory committee described in 

17 this paragraph. The charter of a resource advi18 sory committee shall be reapproved before the 

19 expiration of the existing charter of the re20 source advisory committee. In the case of a new 

21 resource advisory committee, the charter of the 

22 resource advisory committee shall be approved 

23 within 90 days after the date on which the deci24 sion to form the new resource advisory com25 mittee was made.’’. 


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1 (c) CONFORMING CHANGE TO PROJECT APPROVAL

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

3 Schools and Community Self-Determination Act of 2000 

4 (16 U.S.C. 7125(e)(3)) is amended by adding at the end 

5 the following new sentence: ‘‘In the case of a resource ad6 visory committee consisting of fewer than 15 members, as 

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

8 to the Secretary concerned upon approval by a majority 

9 of the members of the committee, including at least one 

10 member from each of the three categories described in 

11 subsection (d)(2).’’. 

12 (d) EXPANDING LOCAL PARTICIPATION ON COMMIT13 TEES.—Section 205(d) of the Secure Rural Schools and 

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

15 7125(d)) is amended— 

16 (1) in paragraph (3), by inserting before the pe17 riod at the end the following: ‘‘, consistent with the 

18 requirements of paragraph (4)’’; and 

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

20 following new paragraph: 

21 ‘‘(4) GEOGRAPHIC DISTRIBUTION.—The mem22 bers of a resource advisory committee shall reside 

23 within the county or counties in which the committee 

24 has jurisdiction or an adjacent county.’’. 


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1 SEC. 403. PROGRAM FOR TITLE II SELF-SUSTAINING RE2 SOURCE ADVISORY COMMITTEE PROJECTS. 

3 (a) SELF-SUSTAINING RESOURCE ADVISORY COM4 MITTEE PROJECTS.—Title II of the Secure Rural Schools 

5 and Community Self-Determination Act of 2000 (16 

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

7 the following new section: 

8 ‘‘SEC. 209. PROGRAM FOR SELF-SUSTAINING RESOURCE AD9 VISORY COMMITTEE PROJECTS. 

10 ‘‘(a) RAC PROGRAM.—The Chief of the Forest Serv11 ice shall conduct a program (to be known as the ‘self-sus12 taining resource advisory committee program’ or ‘RAC 

13 program’) under which 10 resource advisory committees 

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

15 carried out using project funds reserved by a participating 

16 county under section 102(d). 

17 ‘‘(b) SELECTION OF PARTICIPATING RESOURCE AD18 VISORY COMMITTEES.—The selection of resource advisory 

19 committees to participate in the RAC program is in the 

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

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

22 advisory committee must have a minimum of six members. 

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

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

25 204(a)(5), projects under the RAC program are intended 

26 to— 


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1 ‘‘(1) accomplish forest management objectives 

2 or support community development; and 

3 ‘‘(2) generate receipts. 

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

5 Any revenue generated by a project conducted under the 

6 RAC program, including any interest accrued from the 

7 revenues, shall be— 

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

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

10 and 

11 ‘‘(2) available, in such amounts as may be pro12 vided in advance in appropriation Acts, for addi13 tional projects under the RAC program. 

14 ‘‘(e) TERMINATION OF AUTHORITY.— 

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

16 project under the RAC program shall terminate on 

17 September 30, 2020. 

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

19 available for projects under the RAC program and 

20 not obligated by September 30, 2021, shall be depos21 ited in the Treasury of the United States.’’. 

22 (b) EXCEPTION TO GENERAL RULE REGARDING

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

24 Rural Schools and Community Self-Determination Act of 

25 2000 (16 U.S.C. 7153(b)) is amended by striking ‘‘All revVerDate Sep 11 2014 22:39 Jul 13, 2015 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2647.RFS H2647

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1 enues’’ and inserting ‘‘Except as provided in section 209, 

2 all revenues’’. 

3 SEC. 404. ADDITIONAL AUTHORIZED USE OF RESERVED 

4 FUNDS FOR TITLE III COUNTY PROJECTS. 

5 Section 302(a) of the Secure Rural Schools and Com6 munity Self-Determination Act of 2000 (16 U.S.C. 

7 7142(a)) is amended— 

8 (1) in paragraph (2)— 

9 (A) by inserting ‘‘and law enforcement pa10 trols’’ after ‘‘including firefighting’’; and 

11 (B) by striking ‘‘and’’ at the end; 

12 (2) by redesignating paragraph (3) as para13 graph (4); and 

14 (3) by inserting after paragraph (2) the fol15 lowing new paragraph (3): 

16 ‘‘(3) to cover training costs and equipment pur17 chases directly related to the emergency services de18 scribed in paragraph (2); and’’. 

19 SEC. 405. TREATMENT AS SUPPLEMENTAL FUNDING. 

20 Section 102 of the Secure Rural Schools and Commu21 nity Self-Determination Act of 2000 (16 U.S.C. 7112) is 

22 amended by adding at the end the following new sub23 section: 

24 ‘‘(f) TREATMENT AS SUPPLEMENTAL FUNDING.— 

25 None of the funds made available to a beneficiary county 


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1 or other political subdivision of a State under this Act 

2 shall be used in lieu of or to otherwise offset State funding 

3 sources for local schools, facilities, or educational pur4 poses.’’. 

5 TITLE V—STEWARDSHIP END 

6 RESULT CONTRACTING 

7 SEC. 501. CANCELLATION CEILINGS FOR STEWARDSHIP 

8 END RESULT CONTRACTING PROJECTS. 

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

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

11 6591c) is amended— 

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

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

14 (2) by inserting after subsection (g) the fol15 lowing new subsection (h): 

16 ‘‘(h) CANCELLATION CEILINGS.— 

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

18 may obligate funds to cover any potential cancella19 tion or termination costs for an agreement or con20 tract under subsection (b) in stages that are eco21 nomically or programmatically viable. 

22 ‘‘(2) ADVANCE NOTICE TO CONGRESS OF CAN23 CELLATION CEILING IN EXCESS OF $25 MILLION.— 

24 Not later than 30 days before entering into a 

25 multiyear agreement or contract under subsection 


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1 (b) that includes a cancellation ceiling in excess of 

2 $25 million, but does not include proposed funding 

3 for the costs of cancelling the agreement or contract 

4 up to such cancellation ceiling, the Chief or the Di5 rector, as the case may be, shall submit to the Com6 mittee on Energy and Natural Resources and the 

7 Committee on Agriculture, Nutrition, and Forestry 

8 of the Senate and the Committee on Natural Re9 sources and the Committee on Agriculture of the 

10 House of Representatives a written notice that in11 cludes— 

12 ‘‘(A) the cancellation ceiling amounts pro13 posed for each program year in the agreement 

14 or contract; 

15 ‘‘(B) the reasons why such cancellation 

16 ceiling amounts were selected; 

17 ‘‘(C) the extent to which the costs of con18 tract cancellation are not included in the budget 

19 for the agreement or contract; and 

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

21 not including budgeting for the costs of agree22 ment or contract cancellation. 

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

24 later than 14 days after the date on which written 

25 notice is provided under paragraph (2) with respect 


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

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

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

4 Office of Management and Budget.’’. 

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

6 of the Healthy Forests Restoration Act of 2003 (16 

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

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

9 31, 1947 (commonly known as the Materials Act of 1947; 

10 30 U.S.C. 602(a)(1)), the Chief and the Director may’’. 

11 SEC. 502. EXCESS OFFSET VALUE. 

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

13 Act of 2003 (16 U.S.C. 6591c(g)(2)) is amended by strik14 ing subparagraphs (A) and (B) and inserting the following 

15 new subparagraphs: 

16 ‘‘(A) use the excess to satisfy any out17 standing liabilities for cancelled agreements or 

18 contracts; or 

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

20 under subparagraph (A), apply the excess to 

21 other authorized stewardship projects.’’. 


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1 SEC. 503. PAYMENT OF PORTION OF STEWARDSHIP 

2 PROJECT REVENUES TO COUNTY IN WHICH 

3 STEWARDSHIP PROJECT OCCURS. 

4 Section 604(e) of the Healthy Forests Restoration 

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

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

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

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

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

10 follows through the period at the end and inserting 

11 the following: ‘‘services and in-kind resources re12 ceived by the Chief or the Director under a steward13 ship contract project conducted under this section 

14 shall not be considered monies received from the Na15 tional Forest System or the public lands, but any 

16 payments made by the contractor to the Chief or Di17 rector under the project shall be considered monies 

18 received from the National Forest System or the 

19 public lands.’’. 

20 SEC. 504. SUBMISSION OF EXISTING ANNUAL REPORT. 

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

22 Restoration Act of 2003 (16 U.S.C. 6591c), as redesig23 nated by section 501(a)(1), is amended by striking ‘‘report 

24 to the Committee on Agriculture, Nutrition, and Forestry 

25 of the Senate and the Committee on Agriculture of the 

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


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

2 report’’. 

3 SEC. 505. FIRE LIABILITY PROVISION. 

4 Section 604(d) of the Healthy Forests Restoration 

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

6 at the end the following new paragraph: 

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

8 contractor, a contract or agreement under this sec9 tion awarded before February 7, 2014, shall be 

10 modified by the Chief or Director to include the fire 

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

12 TITLE VI—ADDITIONAL FUND13 ING SOURCES FOR FOREST 

14 MANAGEMENT ACTIVITIES 

15 SEC. 601. DEFINITIONS. 

16 In this title: 

17 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti18 ty’’ means— 

19 (A) a State or political subdivision of a 

20 State containing National Forest System lands 

21 or public lands; 

22 (B) a publicly chartered utility serving one 

23 or more States or a political subdivision thereof; 

24 (C) a rural electric company; and 


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1 (D) any other entity determined by the 

2 Secretary concerned to be appropriate for par3 ticipation in the Fund. 

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

5 State-Supported Forest Management Fund estab6 lished by section 603. 

7 SEC. 602. AVAILABILITY OF STEWARDSHIP PROJECT REVE8 NUES AND COLLABORATIVE FOREST LAND9 SCAPE RESTORATION FUND TO COVER FOR10 EST MANAGEMENT ACTIVITY PLANNING 

11 COSTS. 

12 (a) AVAILABILITY OF STEWARDSHIP PROJECT REVE13 NUES.—Section 604(e)(2)(B) of the Healthy Forests Res14 toration Act of 2003 (16 U.S.C. 6591c(e)(2)(B)), as 

15 amended by section 503, is further amended by striking 

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

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

18 following: ‘‘appropriation— 

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

20 monies are collected or at another project 

21 site; and 

22 ‘‘(ii) to cover not more than 25 per23 cent of the cost of planning additional 

24 stewardship contracting projects.’’. 


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1 (b) AVAILABILITY OF COLLABORATIVE FOREST

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

3 the Omnibus Public Land Management Act of 2009 (16 

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

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

6 SEC. 603. STATE-SUPPORTED PLANNING OF FOREST MAN7 AGEMENT ACTIVITIES. 

8 (a) STATE-SUPPORTED FOREST MANAGEMENT

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

10 United States a fund, to be known as the ‘‘State-Sup11 ported Forest Management Fund’’, to cover the cost of 

12 planning (especially related to compliance with section 

13 102(2) of the National Environmental Policy Act of 1969 

14 (42 U.S.C. 4332(2))), carrying out, and monitoring cer15 tain forest management activities on National Forest Sys16 tem lands or public lands. 

17 (b) CONTENTS.—The State-Supported Forest Man18 agement Fund shall consist of such amounts as may be— 

19 (1) contributed by an eligible entity for deposit 

20 in the Fund; 

21 (2) appropriated to the Fund; or 

22 (3) generated by forest management activities 

23 carried out using amounts in the Fund. 


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1 (c) GEOGRAPHICAL AND USE LIMITATIONS.—In 

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

3 entity may— 

4 (1) specify the National Forest System lands or 

5 public lands for which the contribution may be ex6 pended; and 

7 (2) limit the types of forest management activi8 ties for which the contribution may be expended. 

9 (d) AUTHORIZED FOREST MANAGEMENT ACTIVI10 TIES.—In such amounts as may be provided in advance 

11 in appropriation Acts, the Secretary concerned may use 

12 the Fund to plan, carry out, and monitor a forest manage13 ment activity that— 

14 (1) is developed through a collaborative process; 

15 (2) is proposed by a resource advisory com16 mittee; or 

17 (3) is covered by a community wildfire protec18 tion plan. 

19 (e) IMPLEMENTATION METHODS.—A forest manage20 ment activity carried out using amounts in the Fund may 

21 be carried out using a contract or agreement under section 

22 604 of the Healthy Forests Restoration Act of 2003 (16 

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

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

25 2113a), a contract under section 14 of the National Forest 


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1 Management Act of 1976 (16 U.S.C. 472a), or other au2 thority available to the Secretary concerned, but revenues 

3 generated by the forest management activity shall be used 

4 to reimburse the Fund for planning costs covered using 

5 amounts in the Fund. 

6 (f) RELATION TO OTHER LAWS.— 

7 (1) REVENUE SHARING.—Subject to subsection 

8 (e), revenues generated by a forest management ac9 tivity carried out using amounts from the Fund shall 

10 be considered monies received from the National 

11 Forest System. 

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

13 June 9, 1930 (commonly known as the Knutson14 Vanderberg Act; 16 U.S.C. 576 et seq.), shall apply 

15 to any forest management activity carried out using 

16 amounts in the Fund. 

17 (g) TERMINATION OF FUND.— 

18 (1) TERMINATION.—The Fund shall terminate 

19 10 years after the date of the enactment of this Act. 

20 (2) EFFECT OF TERMINATION.—Upon the ter21 mination of the Fund pursuant to paragraph (1) or 

22 pursuant to any other provision of law, unobligated 

23 contributions remaining in the Fund shall be re24 turned to the eligible entity that made the contribu25 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 1 year after the date on which the Sec9 retary received the request. 

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

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 (b)(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) REQUIREMENTS.—As part of the agree11 ment to treat Federal forest land as Indian forest 

12 land under paragraph (1), the Secretary concerned 

13 and the Indian tribe making the request shall— 

14 ‘‘(A) provide for continued public access 

15 applicable to the Federal forest land prior to 

16 the agreement, except that the Secretary con17 cerned may limit or prohibit such access as 

18 needed; 

19 ‘‘(B) continue sharing revenue generated 

20 by the Federal forest land with State and local 

21 governments either— 

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

23 Federal forest land prior to the agreement, 

24 including, where applicable, 25-percent 

25 payments or 50-percent payments; or 


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1 ‘‘(ii) at the option of the Indian tribe, 

2 on terms agreed upon by the Indian tribe, 

3 the Secretary concerned, and State and 

4 county governments participating in a rev5 enue sharing agreement for the Federal 

6 forest land; 

7 ‘‘(C) comply with applicable prohibitions 

8 on the export of unprocessed logs harvested 

9 from the Federal forest land; 

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

11 in place on Federal forest land prior to com12 mencement of tribal management activities; and 

13 ‘‘(E) ensure that all commercial timber re14 moved from the Federal forest land is sold on 

15 a competitive bid basis. 

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

17 land as Indian forest land for purposes of planning 

18 and conducting management activities pursuant to 

19 paragraph (1) shall not be construed to designate 

20 the Federal forest land as Indian forest lands for 

21 any other purpose. 

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

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

24 ‘Federal forest land’ means— 


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1 ‘‘(i) National Forest System lands; 

2 and 

3 ‘‘(ii) public lands (as defined in sec4 tion 103(e) of the Federal Land Policy and 

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

6 1702(e))), including Coos Bay Wagon 

7 Road Grant lands reconveyed to the 

8 United States pursuant to the first section 

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

10 1179), and Oregon and California Railroad 

11 Grant lands. 

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

13 ‘Secretary concerned’ means— 

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

15 respect to the Federal forest land referred 

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

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

18 with respect to the Federal forest land re19 ferred to in subparagraph (A)(ii).’’. 

20 SEC. 703. TRIBAL FOREST MANAGEMENT DEMONSTRATION 

21 PROJECT. 

22 The Secretary of the Interior and the Secretary of 

23 Agriculture may carry out demonstration projects by 

24 which federally recognized Indian tribes or tribal organiza25 tions may contract to perform administrative, manageVerDate Sep 11 2014 22:39 Jul 13, 2015 Jkt 049200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H2647.RFS H2647

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1 ment, and other functions of programs of the Tribal For2 est Protection Act of 2004 (25 U.S.C. 3115a et seq.) 

3 through contracts entered into under the Indian Self-De4 termination and Education Assistance Act (25 U.S.C. 450 

5 et seq.). 

6 TITLE VIII—MISCELLANEOUS 

7 FOREST MANAGEMENT PRO8 VISIONS 

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

10 OF FOREST MANAGEMENT ACTIVITIES IN 

11 CONSIDERING INJUNCTIVE RELIEF. 

12 As part of its weighing the equities while considering 

13 any request for an injunction that applies to any agency 

14 action as part of a forest management activity under titles 

15 I through VIII, the court reviewing the agency action shall 

16 balance the impact to the ecosystem likely affected by the 

17 forest management activity of— 

18 (1) the short- and long-term effects of under19 taking the agency action; against 

20 (2) the short- and long-term effects of not un21 dertaking the action. 

22 SEC. 802. CONDITIONS ON FOREST SERVICE ROAD DECOM23 MISSIONING. 

24 (a) CONSULTATION WITH AFFECTED COUNTY.— 

25 Whenever any Forest Service defined maintenance level 


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

2 prone area of a unit of the National Forest System is con3 sidered for decommissioning, the Forest Supervisor of that 

4 unit of the National Forest System shall— 

5 (1) consult with the government of the county 

6 containing the road regarding the merits and pos7 sible consequences of decommissioning the road; and 

8 (2) solicit possible alternatives to decommis9 sioning the road. 

10 (b) REGIONAL FORESTER APPROVAL.—A Forest 

11 Service road described in subsection (a) may not be de12 commissioned without the advance approval of the Re13 gional Forester. 

14 SEC. 803. PROHIBITION ON APPLICATION OF EASTSIDE 

15 SCREENS REQUIREMENTS ON NATIONAL 

16 FOREST SYSTEM LANDS. 

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

18 the Secretary of Agriculture may not apply to National 

19 Forest System lands any of the amendments to forest 

20 plans adopted in the Decision Notice for the Revised Con21 tinuation of Interim Management Direction Establishing 

22 Riparian, Ecosystem and Wildlife Standards for Timber 

23 Sales (commonly known as the Eastside Screens require24 ments), including all preceding or associated versions of 

25 these amendments. 


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1 SEC. 804. USE OF SITE-SPECIFIC FOREST PLAN AMEND2 MENTS FOR CERTAIN PROJECTS AND ACTIVI3 TIES. 

4 If the Secretary concerned determines that, in order 

5 to conduct a project or carry out an activity implementing 

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

7 the Secretary concerned shall execute such amendment as 

8 a nonsignificant plan amendment through the record of 

9 decision or decision notice for the project or activity. 

10 SEC. 805. KNUTSON-VANDENBERG ACT MODIFICATIONS. 

11 (a) DEPOSITS OF FUNDS FROM NATIONAL FOREST

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

13 Act of June 9, 1930 (commonly known as the Knutson14 Vandenberg Act; 16 U.S.C. 576b(a)), is amended by strik15 ing ‘‘The Secretary’’ and all that follows through ‘‘any 

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

17 Agriculture shall require each purchaser’’. 

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

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

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

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

22 the following: 

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

24 (2) by redesignating subsection (c) as sub25 section (d); and 


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1 (3) by inserting before subsection (d), as so re2 designated, the following new subsection (c): 

3 ‘‘(c)(1) Amounts in the special fund established pur4 suant to this section— 

5 ‘‘(A) shall be used exclusively to implement ac6 tivities authorized by subsection (a); and 

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

8 Service Region from which the original deposits were 

9 collected. 

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

11 overhead costs from the funds collected under subsection 

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

13 Ranger District for the planning and implementation of 

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

15 SEC. 806. EXCLUSION OF CERTAIN NATIONAL FOREST SYS16 TEM LANDS AND PUBLIC LANDS. 

17 Unless specifically provided by a provision of titles 

18 I through VIII, the authorities provided by such titles do 

19 not apply with respect to any National Forest System 

20 lands or public lands— 

21 (1) that are included in the National Wilderness 

22 Preservation System; 

23 (2) that are located within an inventoried 

24 roadless area unless the forest management activity 


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1 to be carried out under such authority is consistent 

2 with the forest plan applicable to the area; or 

3 (3) on which timber harvesting for any purpose 

4 is prohibited by statute. 

5 SEC. 807. APPLICATION OF NORTHWEST FOREST PLAN SUR6 VEY AND MANAGE MITIGATION MEASURE 

7 STANDARD AND GUIDELINES. 

8 The Northwest Forest Plan Survey and Manage Miti9 gation Measure Standard and Guidelines shall not apply 

10 to any National Forest System lands or public lands. 

11 SEC. 808. MANAGEMENT OF BUREAU OF LAND MANAGE12 MENT LANDS IN WESTERN OREGON. 

13 (a) GENERAL RULE.—All of the public land managed 

14 by the Bureau of Land Management in the Salem District, 

15 Eugene District, Roseburg District, Coos Bay District, 

16 Medford District, and the Klamath Resource Area of the 

17 Lakeview District in the State of Oregon shall hereafter 

18 be managed pursuant to title I of the of the Act of August 

19 28, 1937 (43 U.S.C. 1181a through 1181e). Except as 

20 provided in subsection (b), all of the revenue produced 

21 from such land shall be deposited in the Treasury of the 

22 United States in the Oregon and California land-grant 

23 fund and be subject to the provisions of title II of the 

24 Act of August 28, 1937 (43 U.S.C. 1181f). 


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1 (b) CERTAIN LANDS EXCLUDED.—Subsection (a) 

2 does not apply to any revenue that is required to be depos3 ited in the Coos Bay Wagon Road grant fund pursuant 

4 to sections 1 through 4 of the Act of May 24, 1939 (43 

5 U.S.C. 1181f–1 through f–4). 

6 SEC. 809. BUREAU OF LAND MANAGEMENT RESOURCE 

7 MANAGEMENT PLANS. 

8 (a) ADDITIONAL ANALYSIS AND ALTERNATIVES.—To 

9 develop a full range of reasonable alternatives as required 

10 by the National Environmental Policy Act of 1969, the 

11 Secretary of the Interior shall develop and consider in de12 tail a reference analysis and two additional alternatives 

13 as part of the revisions of the resource management plans 

14 for the Bureau of Land Management’s Salem, Eugene, 

15 Coos Bay, Roseburg, and Medford Districts and the Klam16 ath Resource Area of the Lakeview District. 

17 (b) REFERENCE ANALYSIS.—The reference analysis 

18 required by subsection (a) shall measure and assume the 

19 harvest of the annual growth net of natural mortality for 

20 all forested land in the planning area in order to determine 

21 the maximum sustained yield capacity of the forested land 

22 base and to establish a baseline by which the Secretary 

23 of the Interior shall measure incremental effects on the 

24 sustained yield capacity and environmental impacts from 

25 management prescriptions in all other alternatives. 


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1 (c) ADDITIONAL ALTERNATIVES.— 

2 (1) CARBON SEQUESTRATION ALTERNATIVE.— 

3 The Secretary of the Interior shall develop and con4 sider an additional alternative with the goal of maxi5 mizing the total carbon benefits from forest storage 

6 and wood product storage. To the extent practicable, 

7 the analysis shall consider— 

8 (A) the future risks to forest carbon from 

9 wildfires, insects, and disease; 

10 (B) the amount of carbon stored in prod11 ucts or in landfills; 

12 (C) the life cycle benefits of harvested 

13 wood products compared to non-renewable 

14 products; and 

15 (D) the energy produced from wood resi16 dues. 

17 (2) SUSTAINED YIELD ALTERNATIVE.—The 

18 Secretary of the Interior shall develop and consider 

19 an additional alternative that produces the greater 

20 of 500 million board feet or the annual net growth 

21 on the acres classified as timberland, excluding any 

22 congressionally reserved areas. The projected harvest 

23 levels, as nearly as practicable, shall be distributed 

24 among the Districts referred to in subsection (a) in 

25 the same proportion as the maximum yield capacity 


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1 of each such District bears to maximum yield capac2 ity of the planning area as a whole. 

3 (d) ADDITIONAL ANALYSIS AND PUBLIC PARTICIPA4 TION.—The Secretary of the Interior shall publish the ref5 erence analysis and additional alternatives and analyze 

6 their environmental and economic consequences in a sup7 plemental draft environmental impact statement. The 

8 draft environmental impact statement and supplemental 

9 draft environmental impact statement shall be made avail10 able for public comment for a period of not less than 180 

11 days. The Secretary shall respond to any comments re12 ceived before making a final decision between all alter13 natives. 

14 (e) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall affect the obligation of the Secretary of the Inte16 rior to manage the timberlands as required by the Act of 

17 August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a–1181j). 

18 SEC. 810. LANDSCAPE-SCALE FOREST RESTORATION 

19 PROJECT. 

20 The Secretary of Agriculture shall develop and imple21 ment at least one landscape-scale forest restoration project 

22 that includes, as a defined purpose of the project, the gen23 eration of material that will be used to promote advanced 

24 wood products. The project shall be developed through a 

25 collaborative process. 


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1 TITLE IX—MAJOR DISASTER FOR 

2 WILDFIRE ON FEDERAL LAND 

3 SEC. 901. WILDFIRE ON FEDERAL LANDS. 

4 Section 102(2) of the Robert T. Stafford Disaster 

5 Relief and Emergency Assistance Act (42 U.S.C. 5122(2)) 

6 is amended— 

7 (1) by striking ‘‘(2)’’ and all that follows 

8 through ‘‘means’’ and inserting the following: 

9 ‘‘(2) MAJOR DISASTER.— 

10 ‘‘(A) MAJOR DISASTER.—The term ‘major 

11 disaster’ means’’; and 

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

13 ‘‘(B) MAJOR DISASTER FOR WILDFIRE ON

14 FEDERAL LANDS.—The term ‘major disaster 

15 for wildfire on Federal lands’ means any wild16 fire or wildfires, which in the determination of 

17 the President under section 802 warrants as18 sistance under section 803 to supplement the 

19 efforts and resources of the Department of the 

20 Interior or the Department of Agriculture— 

21 ‘‘(i) on Federal lands; or 

22 ‘‘(ii) on non-Federal lands pursuant 

23 to a fire protection agreement or coopera24 tive agreement.’’. 


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1 SEC. 902. DECLARATION OF A MAJOR DISASTER FOR WILD2 FIRE ON FEDERAL LANDS. 

3 The Robert T. Stafford Disaster Relief and Emer4 gency Assistance Act (42 U.S.C. 5170 et seq.) is amended 

5 by adding at the end the following: 

6 ‘‘TITLE VIII—MAJOR DISASTER 

7 FOR WILDFIRE ON FEDERAL 

8 LAND 

9 ‘‘SEC. 801. DEFINITIONS. 

10 ‘‘As used in this title— 

11 ‘‘(1) FEDERAL LAND.—The term ‘Federal land’ 

12 means— 

13 ‘‘(A) any land under the jurisdiction of the 

14 Department of the Interior; and 

15 ‘‘(B) any land under the jurisdiction of the 

16 United States Forest Service. 

17 ‘‘(2) FEDERAL LAND MANAGEMENT AGEN18 CIES.—The term ‘Federal land management agen19 cies’ means— 

20 ‘‘(A) the Bureau of Land Management; 

21 ‘‘(B) the National Park Service; 

22 ‘‘(C) the Bureau of Indian Affairs; 

23 ‘‘(D) the United States Fish and Wildlife 

24 Service; and 

25 ‘‘(E) the United States Forest Service. 


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1 ‘‘(3) WILDFIRE SUPPRESSION OPERATIONS.— 

2 The term ‘wildfire suppression operations’ means the 

3 emergency and unpredictable aspects of wildland 

4 firefighting, including support, response, emergency 

5 stabilization activities, and other emergency manage6 ment activities of wildland firefighting on Federal 

7 lands (or on non-Federal lands pursuant to a fire 

8 protection agreement or cooperative agreement) by 

9 the Federal land management agencies covered by 

10 the wildfire suppression subactivity of the Wildland 

11 Fire Management account or the FLAME Wildfire 

12 Suppression Reserve Fund account of the Federal 

13 land management agencies. 

14 ‘‘SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR 

15 DISASTER FOR WILDFIRE ON FEDERAL 

16 LANDS. 

17 ‘‘(a) IN GENERAL.—The Secretary of the Interior or 

18 the Secretary of Agriculture may submit a request to the 

19 President consistent with the requirements of this title for 

20 a declaration by the President that a major disaster for 

21 wildfire on Federal lands exists. 

22 ‘‘(b) REQUIREMENTS.—A request for a declaration 

23 by the President that a major disaster for wildfire on Fed24 eral lands exists shall— 


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1 ‘‘(1) be made in writing by the respective Sec2 retary; 

3 ‘‘(2) certify that the amount appropriated in 

4 the current fiscal year for wildfire suppression oper5 ations of the Federal land management agencies 

6 under the jurisdiction of the respective Secretary, 

7 net of any concurrently enacted rescissions of wild8 fire suppression funds, increases the total unobli9 gated balance of amounts available for wildfire sup10 pression by an amount equal to or greater than the 

11 average total costs incurred by the Federal land 

12 management agencies per year for wildfire suppres13 sion operations, including the suppression costs in 

14 excess of appropriated amounts, over the previous 

15 ten fiscal years; 

16 ‘‘(3) certify that the amount available for wild17 fire suppression operations of the Federal land man18 agement agencies under the jurisdiction of the re19 spective Secretary will be obligated not later than 30 

20 days after such Secretary notifies the President that 

21 wildfire suppression funds will be exhausted to fund 

22 ongoing and anticipated wildfire suppression oper23 ations related to the wildfire on which the request 

24 for the declaration of a major disaster for wildfire 

25 on Federal lands pursuant to this title is based; and 


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1 ‘‘(4) specify the amount required in the current 

2 fiscal year to fund wildfire suppression operations 

3 related to the wildfire on which the request for the 

4 declaration of a major disaster for wildfire on Fed5 eral lands pursuant to this title is based. 

6 ‘‘(c) DECLARATION.—Based on the request of the re7 spective Secretary under this title, the President may de8 clare that a major disaster for wildfire on Federal lands 

9 exists. 

10 ‘‘SEC. 803. WILDFIRE ON FEDERAL LANDS ASSISTANCE. 

11 ‘‘(a) IN GENERAL.—In a major disaster for wildfire 

12 on Federal lands, the President may transfer funds, only 

13 from the account established pursuant to subsection (b), 

14 to the Secretary of the Interior or the Secretary of Agri15 culture to conduct wildfire suppression operations on Fed16 eral lands (and non-Federal lands pursuant to a fire pro17 tection agreement or cooperative agreement). 

18 ‘‘(b) WILDFIRE SUPPRESSION OPERATIONS AC19 COUNT.—The President shall establish a specific account 

20 for the assistance available pursuant to a declaration 

21 under section 802. Such account may only be used to fund 

22 assistance pursuant to this title. 

23 ‘‘(c) LIMITATION.— 

24 ‘‘(1) LIMITATION OF TRANSFER.—The assist25 ance available pursuant to a declaration under secVerDate Sep 11 2014 22:39 Jul 13, 2015 Jkt 049200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H2647.RFS H2647

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1 tion 802 is limited to the transfer of the amount re2 quested pursuant to section 802(b)(4). The assist3 ance available for transfer shall not exceed the 

4 amount contained in the wildfire suppression oper5 ations account established pursuant to subsection 

6 (b). 

7 ‘‘(2) TRANSFER OF FUNDS.—Funds under this 

8 section shall be transferred from the wildfire sup9 pression operations account to the wildfire suppres10 sion subactivity of the Wildland Fire Management 

11 Account. 

12 ‘‘(d) PROHIBITION OF OTHER TRANSFERS.—Except 

13 as provided in this section, no funds may be transferred 

14 to or from the account established pursuant to subsection 

15 (b) to or from any other fund or account. 

16 ‘‘(e) REIMBURSEMENT FOR WILDFIRE SUPPRESSION

17 OPERATIONS ON NON-FEDERAL LAND.—If amounts 

18 transferred under subsection (c) are used to conduct wild19 fire suppression operations on non-Federal land, the re20 spective Secretary shall— 

21 ‘‘(1) secure reimbursement for the cost of such 

22 wildfire suppression operations conducted on the 

23 non-Federal land; and 


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1 ‘‘(2) transfer the amounts received as reim2 bursement to the wildfire suppression operations ac3 count established pursuant to subsection (b). 

4 ‘‘(f) ANNUAL ACCOUNTING AND REPORTING RE5 QUIREMENTS.—Not later than 90 days after the end of 

6 each fiscal year for which assistance is received pursuant 

7 to this section, the respective Secretary shall submit to 

8 the Committees on Agriculture, Appropriations, the Budg9 et, Natural Resources, and Transportation and Infrastruc10 ture of the House of Representatives and the Committees 

11 on Agriculture, Nutrition, and Forestry, Appropriations, 

12 the Budget, Energy and Natural Resources, Homeland 

13 Security and Governmental Affairs, and Indian Affairs of 

14 the Senate, and make available to the public, a report that 

15 includes the following: 

16 ‘‘(1) The risk-based factors that influenced 

17 management decisions regarding wildfire suppression 

18 operations of the Federal land management agencies 

19 under the jurisdiction of the Secretary concerned. 

20 ‘‘(2) Specific discussion of a statistically signifi21 cant sample of large fires, in which each fire is ana22 lyzed for cost drivers, effectiveness of risk manage23 ment techniques, resulting positive or negative im24 pacts of fire on the landscape, impact of investments 

25 in preparedness, suggested corrective actions, and 


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1 such other factors as the respective Secretary con2 siders appropriate. 

3 ‘‘(3) Total expenditures for wildfire suppression 

4 operations of the Federal land management agencies 

5 under the jurisdiction of the respective Secretary, 

6 broken out by fire sizes, cost, regional location, and 

7 such other factors as the such Secretary considers 

8 appropriate. 

9 ‘‘(4) Lessons learned. 

10 ‘‘(5) Such other matters as the respective Sec11 retary considers appropriate. 

12 ‘‘(g) SAVINGS PROVISION.—Nothing in this title shall 

13 limit the Secretary of the Interior, the Secretary of Agri14 culture, Indian tribe, or a State from receiving assistance 

15 through a declaration made by the President under this 

16 Act when the criteria for such declaration have been 

17 met.’’. 

18 SEC. 903. PROHIBITION ON TRANSFERS. 

19 No funds may be transferred to or from the Federal 

20 land management agencies’ wildfire suppression oper21 ations accounts referred to in section 801(3) of the Robert 

22 T. Stafford Disaster Relief and Emergency Assistance Act 

23 to or from any account or subactivity of the Federal land 

24 management agencies, as defined in section 801(2) of such 


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1 Act, that is not used to cover the cost of wildfire suppres2 sion operations. 

Passed the House of Representatives July 9, 2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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