Expediting Forest Restoration and Recovery Act of 2023

Subjects: Environmental Protection


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 808 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 808

  To amend the Healthy Forests Restoration Act of 2003 to require the 
   Secretary of Agriculture to expedite hazardous fuel or insect and 
disease risk reduction projects on certain National Forest System land, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 15, 2023

   Mr. Thune introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
  To amend the Healthy Forests Restoration Act of 2003 to require the 
   Secretary of Agriculture to expedite hazardous fuel or insect and 
disease risk reduction projects on certain National Forest System land, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expediting Forest Restoration and 
Recovery Act of 2023''.

SEC. 2. APPLICATION BY FOREST SERVICE OF AUTHORITIES TO EXPEDITE 
              ENVIRONMENTAL ANALYSES IN CARRYING OUT HAZARDOUS FUEL AND 
              INSECT AND DISEASE RISK REDUCTION PROJECTS.

    Section 104 of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6514) is amended by adding at the end the following:
    ``(i) Application by Forest Service of Authorities To Expedite 
Environmental Analyses in Carrying Out Hazardous Fuel and Insect and 
Disease Risk Reduction Projects.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Insect and disease treatment area.--The term 
                `insect and disease treatment area' means an area 
                that--
                            ``(i) is designated by the Secretary as an 
                        insect and disease treatment area under this 
                        title; or
                            ``(ii) is designated as at risk or a hazard 
                        on the most recent National Insect and Disease 
                        Risk Map published by the Forest Service.
                    ``(B) Secretary.--The term `Secretary' has the 
                meaning given the term in section 101(14)(A).
            ``(2) Use of authorities.--In carrying out a hazardous fuel 
        or insect and disease risk reduction project in an insect and 
        disease treatment area authorized under this Act, the Secretary 
        shall--
                    ``(A) apply the categorical exclusion established 
                by section 603 in the case of a hazardous fuel or 
                insect and disease risk reduction project carried out 
                in an area--
                            ``(i) designated as suitable for timber 
                        production within the applicable forest plan; 
                        or
                            ``(ii) where timber harvest activities are 
                        not prohibited;
                    ``(B) conduct applicable environmental assessments 
                and environmental impact statements in accordance with 
                this section in the case of a hazardous fuel or insect 
                and disease risk reduction project--
                            ``(i) carried out in an area--
                                    ``(I) outside of an area described 
                                in subparagraph (A); or
                                    ``(II) where other significant 
                                resource concerns exist, as determined 
                                exclusively by the Secretary; or
                            ``(ii) that is carried out in an area 
                        equivalent to not less than a hydrologic unit 
                        code 5 watershed, as defined by the United 
                        States Geological Survey; and
                    ``(C) notwithstanding subsection (d), in the case 
                of any other hazardous fuel or insect and disease risk 
                reduction project, in the environmental assessment or 
                environmental impact statement prepared under 
                subsection (b), study, develop, and describe--
                            ``(i) the proposed agency action; and
                            ``(ii) the alternative of no action.
            ``(3) Priority for reducing risks of insect infestation and 
        wildfire.--Except where established as a mandatory standard 
        that constrains project and activity decision making in a 
        resource management plan (as defined in section 101(13)(A)) in 
        effect on the date of enactment of this Act, in the case of an 
        insect and disease treatment area, the Secretary shall 
        prioritize reducing the risks of insect and disease infestation 
        and wildfire over other planning objectives.
            ``(4) Inclusion of fire regime group iv.--Notwithstanding 
        section 603(c)(2)(B), the Secretary shall apply the categorical 
        exclusion described in paragraph (2)(A) to areas in Fire Regime 
        Group IV.
            ``(5) Excluded areas.--This subsection shall not apply to--
                    ``(A) a component of the National Wilderness 
                Preservation System; or
                    ``(B) an inventoried roadless area, except in the 
                case of an activity that is permitted under--
                            ``(i) the final rule of the Secretary 
                        entitled `Special Areas; Roadless Area 
                        Conservation' (66 Fed. Reg. 3244 (January 12, 
                        2001)); or
                            ``(ii) a State-specific roadless area 
                        conservation rule.
            ``(6) Reports.--The Secretary shall annually make publicly 
        available data describing the acreage treated under hazardous 
        fuel or insect and disease risk reduction projects in insect 
        and disease treatment areas during the previous year.''.

SEC. 3. GOOD NEIGHBOR AUTHORITY.

    Section 8206(b)(2) of the Agricultural Act of 2014 (16 U.S.C. 
2113a(b)(2)) is amended by striking subparagraph (C) and inserting the 
following:
                    ``(C) Treatment of revenue.--Funds received from 
                the sale of timber by a Governor of a State under a 
                good neighbor agreement shall be retained and used by 
                the Governor--
                            ``(i) to carry out authorized restoration 
                        services under that good neighbor agreement; 
                        and
                            ``(ii) if funds remain after carrying out 
                        authorized restoration services under clause 
                        (i), to carry out authorized restoration 
                        services within the State under other good 
                        neighbor agreements.''.
                                 &lt;all&gt;
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