I 

113TH CONGRESS 

2D SESSION H. R. 4549 

To require the Forest Service to meet annual volume targets for timber 

harvesting in the management of a unit of the National Forest System 

and to provide for the transfer of such management responsibility to 

the State in which the unit is located when such targets are not consistently met, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2014 

Mr. DUFFY introduced the following bill; which was referred to the Committee 

on Agriculture 

A BILL 

To require the Forest Service to meet annual volume targets 

for timber harvesting in the management of a unit of 

the National Forest System and to provide for the transfer of such management responsibility to the State in 

which the unit is located when such targets are not 

consistently met, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strong Forests Grow 

5 Strong Communities Act of 2014’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ANNUAL VOLUME REQUIREMENT.— 

4 (A) IN GENERAL.—The term ‘‘annual vol5 ume requirement’’, with respect to a unit of the 

6 National Forest System, means a volume of na7 tional forest materials no less than 50 percent 

8 of the sustained yield of the unit. 

9 (B) EXCLUSIONS.—In determining the vol10 ume of national forest materials or the sus11 tained yield of a Forest Reserve Revenue Area, 

12 the Secretary may not include non-commercial 

13 post and pole sales and personal use firewood. 

14 (2) APPROPRIATE CONGRESSIONAL COMMIT15 TEES.—The term ‘‘appropriate congressional com16 mittees’’ means— 

17 (A) the Committee on Agriculture and the 

18 Committee on Natural Resources of the House 

19 of Representatives; and 

20 (B) the Committee on Agriculture, Nutri21 tion, and Forestry and the Committee on En22 ergy and Natural Resources of the Senate. 

23 (3) NATIONAL FOREST MATERIALS.—The term 

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

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

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


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1 (4) NATIONAL FOREST SYSTEM.—The term 

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

3 that term in section 11(a) of the Forest and Range4 land Renewable Resources Planning Act of 1974 (16 

5 U.S.C. 1609(a)), except that the term does not in6 clude the National Grasslands and land utilization 

7 projects designated as National Grasslands adminis8 tered pursuant to the Act of July 22, 1937 (7 

9 U.S.C. 1010–1012). 

10 (5) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Agriculture. 

12 (6) SUSTAINED YIELD.—The term ‘‘sustained 

13 yield’’ means the maximum annual growth potential 

14 of the forest calculated on the basis of the culmina15 tion of mean annual increment using cubic measure16 ment. 

17 (7) STATE.—The term ‘‘State’’ includes the 

18 Commonwealth of Puerto Rico. 

19 SEC. 3. ANNUAL VOLUME REQUIREMENT. 

20 (a) PUBLICATION.—Not later than 30 days after the 

21 date of the enactment of this Act, the Secretary shall pub22 lish in the Federal Register, make available on the website 

23 of the Forest Service, and submit to the appropriate con24 gressional committees the annual volume requirement for 

25 each unit of the National Forest System. 


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1 (b) REVISION.—Upon publication of the annual vol2 ume requirement for a unit of the National Forest System 

3 under subsection (a), the Secretary may not reduce the 

4 annual volume requirement for that unit without the con5 sent of Congress in a law enacted after the date of the 

6 enactment of this Act. 

7 SEC. 4. MANAGEMENT OF NATIONAL FOREST SYSTEM 

8 LANDS TO SATISFY ANNUAL VOLUME RE9 QUIREMENTS. 

10 (a) REQUIREMENT TO ACHIEVE ANNUAL VOLUME

11 REQUIREMENT.—The Secretary shall manage the sale of 

12 national forest materials in each unit of the National For13 est System in the manner necessary so that the annual 

14 volume requirement for that unit is met each calendar 

15 year. 

16 (b) APPLICATION OF LAND AND RESOURCE MANAGE17 MENT PLAN.—The Secretary may modify the standards 

18 and guidelines contained in the land and resource manage19 ment plan for a unit of the National Forest System as 

20 necessary so as to meet the annual volume requirement 

21 for that unit. 

22 (c) COMPLIANCE WITH ENDANGERED SPECIES

23 ACT.— 

24 (1) NON-JEOPARDY ASSESSMENT.—If the Sec25 retary determines that a sale of national forest maVerDate Mar 15 2010 03:41 May 02, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4549.IH H4549

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1 terials may affect the continued existence of any spe2 cies listed as endangered or threatened under section 

3 4 of the Endangered Species Act of 1973 (16 U.S.C. 

4 1533), the Secretary shall issue a determination ex5 plaining the view of the Secretary that the proposed 

6 sale is not likely to jeopardize the continued exist7 ence of the species. 

8 (2) SUBMISSION, REVIEW, AND RESPONSE.— 

9 (A) SUBMISSION.—The Secretary shall 

10 submit a determination issued by the Secretary 

11 under paragraph (1) to the Secretary of the In12 terior or the Secretary of Commerce, as appro13 priate. 

14 (B) REVIEW AND RESPONSE.—Within 30 

15 days after receiving a determination under sub16 paragraph (A), the Secretary of the Interior or 

17 the Secretary of Commerce, as appropriate, 

18 shall provide a written response to the Sec19 retary concurring in or rejecting the Secretary’s 

20 determination. If the Secretary of the Interior 

21 or the Secretary of Commerce rejects the deter22 mination, the written response shall include rec23 ommendations for measures that— 

24 (i) will avoid the likelihood of jeopardy 

25 to an endangered or threatened species; 


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1 (ii) can be implemented in a manner 

2 consistent with the intended purpose of the 

3 sale; 

4 (iii) can be implemented consistent 

5 with the scope of the Secretary’s legal au6 thority and jurisdiction; and 

7 (iv) are economically and techno8 logically feasible. 

9 (3) FORMAL CONSULTATION.—If the Secretary 

10 of the Interior or the Secretary of Commerce rejects 

11 a determination issued by the Secretary under para12 graph (1), the Secretary of the Interior or the Sec13 retary of Commerce also is required to engage in 

14 formal consultation with the Secretary. The Secre15 taries shall complete such consultation pursuant to 

16 section 7 of the Endangered Species Act of 1973 (16 

17 U.S.C. 1536) within 90 days after the submission of 

18 the written response under paragraph (2). 

19 SEC. 5. STATE MANAGEMENT OF NATIONAL FOREST SYS20 TEM LANDS WHEN ANNUAL VOLUME RE21 QUIREMENTS ARE NOT MET. 

22 (a) REQUEST BY STATE TO MANAGE UNIT.— 

23 (1) SUBMISSION OF REQUEST; WHEN AUTHOR24 IZED.—If the Secretary fails to meet the annual vol25 ume requirement for a unit of the National Forest 


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1 System for five calendar years, whether consecutively 

2 or over a longer than five-year period, the State in 

3 which the unit is located may submit to the Sec4 retary a request to enter into a cooperative agree5 ment with the Secretary for purposes of managing 

6 the unit. 

7 (2) ROLE OF POLITICAL SUBDIVISIONS.—A 

8 State that undertakes the management of a unit of 

9 the National Forest System under this section may 

10 conduct such management directly, through an 

11 agreement with a political subdivision of the State in 

12 which National Forest System lands of that unit are 

13 located, or through contracts with third parties. 

14 (3) TREATMENT OF UNITS LOCATED IN MUL15 TIPLE STATES.—If a unit of the National Forest 

16 System is located in more than one State, a State’s 

17 request under paragraph (1) shall cover only those 

18 National Forest System lands of that unit located in 

19 that State. 

20 (b) APPROVAL OF REQUEST.—Not later than 90 days 

21 after the date on which the Secretary receives the request 

22 under subsection (a), the Secretary shall approve the re23 quest and enter into the cooperative agreement unless the 

24 Secretary determines that— 


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1 (1) the State has failed to demonstrate that it 

2 has sufficient funds to manage the unit of the Na3 tional Forest System for the production of national 

4 forest materials; 

5 (2) the request is incomplete; or 

6 (3) the proposed cooperative agreement sub7 mitted with the request fails to address all of the 

8 items specified in subsection (f). 

9 (c) OPPORTUNITY TO AMEND REQUEST.— 

10 (1) NOTICE OF DENIAL.—If the Secretary de11 nies a request received under subsection (a) on the 

12 basis of one or more of the reasons authorized by 

13 subsection (b), the Secretary shall provide the State 

14 with a clear and comprehensive statement of— 

15 (A) the reasons why the request was de16 nied; and 

17 (B) any deficiencies in the request or the 

18 related proposed cooperative agreement. 

19 (2) RESUBMISSION.—After receiving a notice 

20 from the Secretary under paragraph (1), a State 

21 may amend and resubmit the denied request. 

22 (d) REQUEST AND COOPERATIVE AGREEMENT

23 DEEMED APPROVED.—If the Secretary does not approve 

24 or deny a request submitted under subsection (a) or (c)(2) 

25 within the 90 days after receiving the request, the request 


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1 and the proposed cooperative agreement submitted with 

2 the request shall be deemed approved. 

3 (e) REQUEST CONTENTS.—A request submitted 

4 under subsection (a) shall include— 

5 (1) a letter signed by the Governor of the State 

6 addressed to the Secretary that identifies the unit of 

7 the National Forest System that the State will man8 age for the production of national forest materials; 

9 (2) the proposed cooperative agreement for 

10 State management of the unit; 

11 (3) the proposed role of political subdivisions of 

12 the State in the management of National Forest 

13 System lands of the unit located within the political 

14 subdivisions; and 

15 (4) documentation that demonstrates the ability 

16 of the State to provide sufficient funds to manage 

17 the unit for the duration of the cooperative agree18 ment. 

19 (f) ELEMENTS OF COOPERATIVE AGREEMENT.—The 

20 cooperative agreement entered into by the Secretary and 

21 the Governor of a State for the management of a unit 

22 of the National Forest System shall address the following: 

23 (1) The State’s management of the unit after 

24 the effective date of the transfer of management to 

25 the State for a specified term of years. 


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1 (2) A cost-sharing agreement under which the 

2 State will provide a certain amount (equal to not 

3 less than 50 percent), in cash or in-kind, of the total 

4 amount required for the management of the unit. 

5 (3) The amount to be contributed by the State 

6 shall be determined by the Governor of the State 

7 and the Secretary, only after the Secretary submits 

8 to the State a categorical assessment of all costs, in 

9 the recent past and anticipated during the duration 

10 of the cooperative agreement, of managing the unit, 

11 including employee salary data. 

12 (4) In the event of a natural disaster, as cat13 egorized by the Federal Emergency Management 

14 Agency, the State shall assume authority over recov15 ery initiatives (nullifying any existing established 

16 Federal response protocol) so that— 

17 (A) the cost of damages to any structure 

18 on the unit be shared by both State and Fed19 eral entities at a ratio in accordance to the cost20 sharing agreement; and 

21 (B) the cost and administration of repair 

22 of damages resulting from natural disasters, 

23 not including structures referred to in subpara24 graph (A), shall be assumed by the State rather 

25 than the Federal Government. 


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1 (5) All revenue accrued from fees, royalties, and 

2 other revenues related to the unit shall be distrib3 uted to the State and Federal entities in accordance 

4 to the percentages dictated by the cost-sharing 

5 agreement and shall be used so that the percentage 

6 of funds designated to the Federal entity shall be 

7 made available to the Secretary for use at the sole 

8 discretion of the Secretary. 

9 (6) The procedures to be followed for purposes 

10 of the transition from Federal to State management 

11 of the unit, including— 

12 (A) a guarantee that all Federal employees 

13 managing the unit may remain employed with14 out infringement upon their existing conditions 

15 of employment; 

16 (B) a guarantee that the State may use its 

17 percentage of the amounts required for the 

18 management of the unit to hire additional staff 

19 whose terms of employment shall be decided by 

20 the State; and 

21 (C) authority over the unit shall be di22 rected by the State and a State-appointed man23 ager, but the implementation of its directives 

24 may include the existing Federal superintendent 


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1 concerned and performed in conjunction with 

2 State employees. 

3 (7) The transfer to the State of any special use 

4 permits issued to the Secretary with respect to the 

5 unit. 

6 (8) A provision stating that lands currently 

7 open to mineral entry under the Act of May 10, 

8 1872 (commonly referred to as the General Mining 

9 Act of 1872; 30 U.S.C. 22 et seq.), shall remain 

10 open to mineral entry under State law unless subse11 quently changed by a State mineral closing order. 

12 (g) APPLICABILITY OF STATE LAW ON QUALIFYING

13 FEDERAL LANDS UNDER COOPERATIVE AGREEMENT.— 

14 State environmental, wildlife, and land management laws 

15 shall supercede Federal environmental, wildlife, and land 

16 management laws on a unit of the National Forest System 

17 managed by a State under a cooperative agreement in 

18 place under this section. 

19 (h) OWNERSHIP.—Notwithstanding State manage20 ment of a unit of the National Forest System under a 

21 cooperative agreement entered into under this section, the 

22 United States shall retain all right, title, and interest in 

23 and to the National Forest System lands within the unit. 

24 (i) TERMINATION OF COOPERATIVE AGREEMENT.— 

25 A cooperative agreement applicable under this section 


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1 shall terminate, at the discretion of the Secretary, under 

2 the following circumstances: 

3 (1) The State defaults on a payment, thereby 

4 requiring Federal entities to assume responsibility 

5 for the financial liabilities. 

6 (2) The State is in substantial breach of the co7 operative agreement as determined by a court of the 

8 United States. 

9 (3) The cooperative agreement terminates 

10 under a term contained in that agreement. 

11 SEC. 6. ANNUAL REPORT. 

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

13 after the end of each calendar year, the Secretary shall 

14 submit to the appropriate congressional committees an an15 nual report specifying— 

16 (1) the annual volume requirement in effect for 

17 that calendar year for each unit of the National For18 est System; 

19 (2) the units that did not meet the annual vol20 ume requirement; 

21 (3) the units under State management pursu22 ant to section 5; 

23 (4) the volume of board feet actually harvested 

24 for each unit; 


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1 (5) the average cost of preparation for sales of 

2 national forest materials; and 

3 (6) the revenues generated from such sales. 

4 (b) FORM OF REPORT.—In addition to submitting 

5 each report to Congress, the Secretary shall also make the 

6 report available on the website of the Forest Service. 

Æ 


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