I 

118TH CONGRESS 

1ST SESSION H. R. 567 

To expedite certain activities related to salvage operations and reforestation 

activities on National Forest System lands or public lands in response 

to catastrophic events, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 26, 2023 

Mr. OBERNOLTE (for himself, Mr. NEWHOUSE, Mr. LAMALFA, Mr. 

ROSENDALE, Mr. MOYLAN, and Mr. ZINKE) introduced the following bill; 

which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To expedite certain activities related to salvage operations 

and reforestation activities on National Forest System 

lands or public lands in response to catastrophic events, 

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 ‘‘Salvaging American 

5 Lumber Via Action with Greater Efficiency Act’’ or the 

6 ‘‘SALVAGE Act’’. 


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1 SEC. 2. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE 

2 OPERATIONS IN RESPONSE TO CATA3 STROPHIC EVENTS. 

4 (a) CATEGORICAL EXCLUSION ESTABLISHED.—Sal5 vage operations carried out by the Secretary concerned on 

6 National Forest System lands or public lands are a cat7 egory of actions hereby designated as being categorically 

8 excluded from the preparation of an environmental assess9 ment or an environmental impact statement under section 

10 102 of the National Environmental Policy Act of 1969 (42 

11 U.S.C. 4332). 

12 (b) AVAILABILITY OF CATEGORICAL EXCLUSION.— 

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

14 Secretary concerned may use the categorical exclusion es15 tablished under subsection (a) in accordance with this sec16 tion. 

17 (c) ACREAGE LIMITATION.—A salvage operation cov18 ered by the categorical exclusion established under sub19 section (a) may not contain treatment units exceeding a 

20 total of 10,000 acres. 

21 (d) ADDITIONAL REQUIREMENTS.— 

22 (1) STREAM BUFFERS.—A salvage operation 

23 covered by the categorical exclusion established 

24 under subsection (a) shall comply with the standards 

25 and guidelines for stream buffers contained in the 

26 applicable forest plan unless waived by the Regional 


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1 Forester, in the case of National Forest System 

2 lands, or the State Director of the Bureau of Land 

3 Management, in the case of public lands. 

4 (2) REFORESTATION PLAN.—A reforestation 

5 plan shall be developed under section 3 of the Act 

6 of June 9, 1930 (commonly known as the Knutson7 Vandenberg Act; 16 U.S.C. 576b), as part of a sal8 vage operation covered by the categorical exclusion 

9 established under subsection (a). 

10 SEC. 3. EXPEDITED SALVAGE OPERATIONS AND REFOREST11 ATION ACTIVITIES FOLLOWING LARGE-SCALE 

12 CATASTROPHIC EVENTS. 

13 (a) EXPEDITED ENVIRONMENTAL ASSESSMENT.— 

14 Notwithstanding any other provision of law, an environ15 mental assessment prepared by the Secretary concerned 

16 pursuant to section 102 of the National Environmental 

17 Policy Act of 1969 (42 U.S.C. 4332) for a salvage oper18 ation or reforestation activity proposed to be conducted 

19 on National Forest System lands or public lands adversely 

20 impacted by a large-scale catastrophic event shall be com21 pleted within 60 days after the conclusion of the cata22 strophic event. 

23 (b) EXPEDITED IMPLEMENTATION AND COMPLE24 TION.—In the case of reforestation activities conducted on 

25 National Forest System lands or public lands adversely 


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

2 concerned shall, to the maximum extent practicable, 

3 achieve reforestation of at least 75 percent of the impacted 

4 lands during the 5-year period following the conclusion of 

5 the catastrophic event. 

6 (c) AVAILABILITY OF KNUTSON-VANDENBERG

7 FUNDS.—Amounts in the special fund established pursu8 ant to section 3 of the Act of June 9, 1930 (commonly 

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

10 shall be available to the Secretary of Agriculture for refor11 estation activities authorized by this section. 

12 (d) TIMELINE FOR PUBLIC INPUT PROCESS.— 

13 (1) IN GENERAL.—Notwithstanding any other 

14 provision of law, in the case of a salvage operation 

15 or reforestation activity proposed to be conducted on 

16 National Forest System lands or public lands ad17 versely impacted by a large-scale catastrophic event, 

18 the Secretary concerned shall allow— 

19 (A) 30 days for public scoping and com20 ment; 

21 (B) 15 days for filing an objection; and 

22 (C) 15 days for the agency response to the 

23 filing of an objection. 

24 (2) IMPLEMENTATION.—On the final day of the 

25 process required in paragraph (1), the Secretary 


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1 concerned shall implement the project for which the 

2 process was initiated. 

3 (e) CONVERSION OF TIMBER SALES.— 

4 (1) IN GENERAL.—Not later than 60 days after 

5 a wildfire is contained on National Forest System 

6 lands, the Secretary of Agriculture shall convert any 

7 timber sales on lands impacted by such wildfire to 

8 salvage sales. 

9 (2) ANALYSIS DEEMED SUFFICIENT.—If the 

10 Regional Forester determines that a proposed timber 

11 sale has been sufficiently analyzed under the Na12 tional Environmental Policy Act, such analysis shall 

13 be deemed to fulfill the requirements of section 

14 102(2)(C) of the National Environmental Policy Act 

15 of 1969 (42 U.S.C. 4332(2)(C)) with respect to such 

16 salvage sale. 

17 SEC. 4. COMPLIANCE WITH FOREST PLAN. 

18 A salvage operation or reforestation activity author19 ized by this Act shall be conducted in a manner consistent 

20 with the forest plan applicable to the National Forest Sys21 tem lands or public lands covered by the salvage operation 

22 or reforestation activity. 


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1 SEC. 5. PROHIBITION ON RESTRAINING ORDERS, PRELIMI2 NARY INJUNCTIONS, AND INJUNCTIONS 

3 PENDING APPEAL. 

4 No restraining order, preliminary injunction, or in5 junction pending appeal shall be issued by any court of 

6 the United States with respect to any decision to prepare 

7 or conduct a salvage operation or reforestation activity in 

8 response to a large-scale catastrophic event. 

9 SEC. 6. EXCLUSIONS. 

10 The authorities provided by this Act do not apply 

11 with respect to any National Forest System lands or pub12 lic lands— 

13 (1) that are included in the National Wilderness 

14 Preservation System; 

15 (2) that are located within a national or State 

16 specific inventoried roadless area established by the 

17 Secretary of Agriculture through regulation, un18 less— 

19 (A) the forest management activity to be 

20 carried out under such authority is consistent 

21 with the forest plan applicable to the area; or 

22 (B) the Secretary concerned determines 

23 the activity is allowed under the applicable 

24 roadless rule governing such lands; or 

25 (3) on which timber harvesting for any purpose 

26 is prohibited by Federal statute. 


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1 SEC. 7. DEFINITIONS. 

2 In this Act: 

3 (1) FOREST MANAGEMENT ACTIVITY.—The 

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

5 or activity carried out by the Secretary concerned on 

6 National Forest System lands or public lands con7 sistent with the forest plan covering such lands. 

8 (2) FOREST PLAN.—The term ‘‘forest plan’’ 

9 means— 

10 (A) a land use plan prepared by the Bu11 reau of Land Management for public lands pur12 suant to section 202 of the Federal Land Policy 

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

14 1712); or 

15 (B) a land and resource management plan 

16 prepared by the Forest Service for a unit of the 

17 National Forest System pursuant to section 6 

18 of the Forest and Rangeland Renewable Re19 sources Planning Act of 1974 (16 U.S.C. 

20 1604). 

21 (3) NATIONAL FOREST SYSTEM.—The term 

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

23 that term in section 11(a) of the Forest and Range24 land Renewable Resources Planning Act of 1974 (16 

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


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1 (4) PUBLIC LANDS.—The term ‘‘public lands’’ 

2 has the meaning given that term in section 103 of 

3 the Federal Land Policy and Management Act of 

4 1976 (43 U.S.C. 1702), except that the term in5 cludes Coos Bay Wagon Road Grant lands and Or6 egon and California Railroad Grant lands. 

7 (5) SECRETARY CONCERNED.—The term ‘‘Sec8 retary concerned’’ means— 

9 (A) the Secretary of Agriculture, with re10 spect to National Forest System lands; and 

11 (B) the Secretary of the Interior, with re12 spect to public lands. 

Æ 


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