I 

115TH CONGRESS 

1ST SESSION H. R. 865 

To make a categorical exclusion available to the Secretary of Agriculture 

and the Secretary of the Interior to develop and carry out a forest 

management activity on National Forest system lands derived from the 

public domain or public lands to address insect or disease infestation 

declared as an emergency in a State by the Governor of such State, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2017 

Mr. MCCLINTOCK (for himself, Mr. COOK, Mr. GOSAR, Mr. STEWART, Mr. 

VALADAO, Mr. NEWHOUSE, Mr. MCCARTHY, Mr. LAMALFA, Mr. 

WESTERMAN, Mr. LABRADOR, Mr. NUNES, Mr. DENHAM, and Mr. 

KNIGHT) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To make a categorical exclusion available to the Secretary 

of Agriculture and the Secretary of the Interior to develop and carry out a forest management activity on 

National Forest system lands derived from the public 

domain or public lands to address insect or disease infestation declared as an emergency in a State by the Governor of such State, and for other purposes. 


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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 ‘‘Emergency Forest 

5 Restoration Act’’. 

6 SEC. 2. CATEGORICAL EXCLUSION TO ADDRESS A DE7 CLARED EMERGENCY. 

8 (a) AUTHORITY TO CONDUCT FOREST MANAGEMENT

9 ACTIVITY.—The Secretary concerned may develop and 

10 carry out a forest management activity on National Forest 

11 System lands or public lands in a State when the primary 

12 purpose of the forest management activity is to address 

13 a declared emergency. 

14 (b) AVAILABILITY OF CATEGORICAL EXCLUSION.— 

15 Except as provided in section 4, a categorical exclusion 

16 is available to the Secretary concerned to develop and 

17 carry out a forest management activity described in sub18 section (a). 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—For pur20 poses of this section, there is authorized to be appro21 priated to the Secretary concerned $300,000,000 for each 

22 of fiscal years 2018 through 2025. 


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1 SEC. 3. USE OF TIMBER SALE REVENUES TO OFFSET FUNDS 

2 APPROPRIATED TO ADDRESS A DECLARED 

3 EMERGENCY. 

4 (a) TIMBER SALES REQUIRED.— 

5 (1) IDENTIFICATION OF AMOUNTS APPRO6 PRIATED.—For fiscal year 2019 and each fiscal year 

7 thereafter, the Secretary of Agriculture shall identify 

8 the amount of funds, if any, appropriated in the 

9 prior fiscal year pursuant to the authorization of ap10 propriations in section 2(c). 

11 (2) SALES.—Not later than 5 years after the 

12 end of the fiscal year in which an identification is 

13 made under paragraph (1), the Secretary of Agri14 culture shall sell (in the manner provided for under 

15 section 14 of the National Forest Management Act 

16 of 1976 (16 U.S.C. 472a)) an amount of timber the 

17 sale of which is sufficient to recoup the amount 

18 identified under paragraph (1) and any costs associ19 ated with such sale. 

20 (3) PROCEEDS.—Proceeds from the sale of tim21 ber described under paragraph (2) shall be deposited 

22 as follows: 

23 (A) An amount equal to the appropriated 

24 amount identified under paragraph (1) shall be 

25 deposited in the general fund of the Treasury of 

26 the United States as miscellaneous receipts. 


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1 (B) An amount equal to the costs associ2 ated with the sale shall be deposited in a des3 ignated fund from which sums are to be used, 

4 to cover the cost to the United States for de5 sign, engineering, and supervision of the con6 struction of needed roads and the cost for For7 est Service sale preparation and supervision of 

8 the harvesting of such timber. 

9 (C) Any amounts not described under sub10 paragraph (A) or (B) shall be deposited in the 

11 general fund of the Treasury of the United 

12 States as miscellaneous receipts. 

13 (b) CATEGORICAL EXCLUSION.—Except as provided 

14 in section 4, a categorical exclusion is available to the Sec15 retary of Agriculture for timber sales conducted pursuant 

16 to subsection (a). 

17 SEC. 4. LIMITATION OF CATEGORICAL EXCLUSION. 

18 A categorical exclusion under this Act may not be 

19 used on National Forest System lands or public lands— 

20 (1) that are included in the National Wilderness 

21 Preservation System; 

22 (2) that are located within an inventoried 

23 roadless area unless the reforestation activity is con24 sistent with the forest plan applicable to the area; or 


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1 (3) on which timber harvesting for any purpose 

2 is prohibited by statute. 

3 SEC. 5. DEFINITIONS. 

4 In this Act: 

5 (1) CATEGORICAL EXCLUSION.—The term ‘‘cat6 egorical exclusion’’ means an exception to the re7 quirements of the National Environmental Policy 

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

9 or activity relating to the management of National 

10 Forest System lands or public lands that would oth11 erwise be considered a major Federal action. 

12 (2) DECLARED EMERGENCY.—The term ‘‘de13 clared emergency’’ means an insect or disease infes14 tation in a State that has been declared an emer15 gency by the Governor of such State. 

16 (3) NATIONAL FOREST SYSTEM LANDS.—The 

17 term ‘‘National Forest System lands’’ means Fed18 eral lands derived from the public domain that are 

19 included in the National Forest System (as such 

20 term is defined in section 11(a) of the Forest and 

21 Rangeland Renewable Resources Planning Act of 

22 1974 (16 U.S.C. 1609(a))), including such lands 

23 within the boundaries of a national monument man24 aged by the Forest Service. 


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1 (4) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) the Secretary of Agriculture, with re4 spect to National Forest System lands; or 

5 (B) the Secretary of the Interior, with re6 spect to public lands. 

7 (5) STATE.—The term ‘‘State’’ means any of 

8 the several States, the District of Columbia, the 

9 Commonwealth of Puerto Rico, and any other terri10 tory or possession of the United States. 

Æ 


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