II 

117TH CONGRESS 

2D SESSION S. 3709 

To require the Secretary of Agriculture to carry out vegetation management 

projects and timber production projects on certain National Forest System land in the States of Montana, South Dakota, and Wyoming, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 28, 2022 

Mr. THUNE (for himself and Mr. BARRASSO) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To require the Secretary of Agriculture to carry out vegetation management projects and timber production projects 

on certain National Forest System land in the States 

of Montana, South Dakota, and Wyoming, 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 ‘‘Black Hills Forest 

5 Protection and Jobs Preservation Act of 2022’’. 


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•S 3709 IS

1 SEC. 2. VEGETATION MANAGEMENT PROJECTS ON BLACK 

2 HILLS NATIONAL FOREST USING EXPEDITED 

3 NEPA AUTHORITIES. 

4 The Secretary of Agriculture, acting through the 

5 Chief of the Forest Service (referred to in this Act as the 

6 ‘‘Secretary’’), shall issue 1 or more decisions using expe7 dited authorities for compliance with the National Envi8 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

9 including sections 603 and 605 of the Healthy Forests 

10 Restoration Act of 2003 (16 U.S.C. 6591b, 6591d) and 

11 a determination of NEPA adequacy described in section 

12 220.4(j) of title 36, Code of Federal Regulations (or suc13 cessor regulations), to carry out vegetation management 

14 projects on land in the Black Hills National Forest. 

15 SEC. 3. FUNDING FOR TIMBER PRODUCTION PROJECTS. 

16 (a) IN GENERAL.—Of the amounts made available to 

17 the Secretary by section 40803(c)(11) of the Infrastruc18 ture Investment and Jobs Act (16 U.S.C. 6592(c)(11)), 

19 the Secretary shall use $40,000,000 for the period of fiscal 

20 years 2022 through 2026 to carry out projects on the Big21 horn National Forest, the Custer Gallatin National For22 est, and the Black Hills National Forest that will result 

23 in timber production. 

24 (b) USE OF CATEGORICAL EXCLUSION AND EMER25 GENCY ACTION AUTHORITIES.—In carrying out projects 


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•S 3709 IS

1 under subsection (a), the Secretary shall use, to the extent 

2 practicable— 

3 (1) the categorical exclusion established by sec4 tion 40806(b) of the Infrastructure Investment and 

5 Jobs Act (16 U.S.C. 6592b(b)); and 

6 (2) the emergency action authority under sec7 tion 40807 of that Act (16 U.S.C. 6592c). 

8 (c) EXCESS AMOUNTS.—If any amounts made avail9 able under subsection (a) are not used by the Secretary 

10 by September 30, 2026, and the Secretary has exhausted 

11 all reasonable means to use those amounts for the pur12 poses described in that subsection, those amounts shall re13 main available to the Secretary until expended to carry 

14 out projects described in section 40803(c)(11) of the In15 frastructure Investment and Jobs Act (16 U.S.C. 

16 6592(c)(11)). 

17 SEC. 4. WOOD PRODUCTS INFRASTRUCTURE. 

18 In the ranking system developed under section 

19 40804(d)(1) of the Infrastructure Investment and Jobs 

20 Act (16 U.S.C. 6592a(d)(1)), the Secretary shall cat21 egorize the Black Hills National Forest and the Bighorn 

22 National Forest as being very high priority for ecological 

23 restoration involving vegetation removal. 


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1 SEC. 5. ADMINISTRATION. 

2 (a) JUDICIAL REVIEW.—A project carried out under 

3 section 2 or 3 shall not be subject to judicial review. 

4 (b) EXCLUDED LAND.—A project carried out under 

5 section 2 or 3 may not be carried out on— 

6 (1) a component of the National Wilderness 

7 Preservation System; or 

8 (2) an inventoried roadless area. 

Æ 


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