Forest Management Improvement Act of 2017

To address the forest health crisis on National Forest System land, and for other purposes. 1. Short title This Act may be cited as the Forest Management Improvement Act of 2017 2. Definitions In this Act: (1) Categorical exclusion The term categorical exclusion 42 U.S.C. 4332 (2) Forest management activity The term forest management activity (3) Forest plan The term forest plan 16 U.S.C. 1604 (4) National Forest System The term National Forest System 16 U.S.C. 1609(a) (5) Secretary The term Secretary 3. Categorical exclusions (a) Establishment of categorical exclusions (1) Early seral habitat creation A categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is the creation of an early seral habitat forest. (2) Wildlife habitat improvement A categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is the improvement of wildlife habitat. (3) Forest thinning A categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is commercial thinning of forest stands on suited timberland, including— (A) the incidental removal of trees for landings, skid trails, and road clearing; and (B) the construction of a temporary road that is not longer than 1 mile to carry out that commercial thinning. (4) Salvage of dead and dying trees A categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is the salvage of trees that are dead, dying, or both, and were damaged by wind, an ice storm, fire, or another event, including— (A) the incidental removal of trees for landings, skid trails, and road clearing; and (B) the construction of a temporary road that is not longer than 1 mile to carry out that salvage of trees. (b) Acreage limitations Forest management activities using the categorical exclusions under each of paragraphs (1) through (4) of subsection (a) may be conducted on not more than 10,000 acres of National Forest System land for each categorical exclusion. (c) Extraordinary circumstances The Secretary may apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or successor regulations), in determining whether to use a categorical exclusion under subsection (a). (d) Consistency In carrying out forest management activities using the categorical exclusions under subsection (a), the Secretary shall ensure that the forest management activities are consistent with the applicable forest plans. (e) Cumulative impacts The Secretary shall not be required to conduct a cumulative impact analysis in an environmental document prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 (f) Expansion of categorical exclusion for insect and disease infestation (1) Permanent authority Section 602(f) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591a(f) each of fiscal years 2014 through 2024. each fiscal year. (2) Administrative review Section 603 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b (A) in subsection (a), in the matter preceding paragraph (1), by striking described in subsection (b) (B) by striking subsection (b); (C) by redesignating subsections (c) through (g) as subsections (b) through (f), respectively; and (D) in subsection (b) (as so redesignated)— (i) in paragraph (1), by striking 3000 10,000 (ii) in paragraph (2), by striking shall be may be carried out in any area designated under section 602(b), including areas in Fire Regime Groups IV and V. 4. Expedited environmental review (a) Environmental impact statements In an environmental impact statement prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) (1) The forest management activity. (2) The alternative of no action. (b) Environmental assessments In an environmental assessment prepared pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) 5. Good neighbor authority (a) In general Section 8206(a)(3)(B)(i) of the Agricultural Act of 2014 ( 16 U.S.C. 2113a(a)(3)(B)(i) or permanent (b) Repeal Section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 ( 16 U.S.C. 1011 6. Stewardship end result contracting projects Section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c (1) in subsection (c), by adding at the end the following: (8) Retention of existing wood products infrastructure. ; (2) in subsection (d)(1), by inserting , or lowest-cost-technically-acceptable, best-value (3) in subsection (e)(2)(A), by inserting , subject to the condition that 25 percent of the gross receipts shall be disbursed to the county in which the project site is located ; and 7. Litigation relief Section 106 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6516 (1) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; (2) by inserting before subsection (b) (as so redesignated) the following: (a) Definition of covered project In this section, the term covered project (1) with respect to a project on land of the National Forest System described in section 3(1)(A), any vegetation management project carried out by the Secretary of Agriculture, except on land on which vegetation management is prohibited by law or the applicable land and resource management plan described in section 101(13)(A); and (2) with respect to public lands described in section 3(1)(B), an authorized hazardous fuels reduction project conducted under this title. ; (3) in subsection (b) (as so redesignated)— (A) by striking an authorized hazardous fuels reduction project conducted under this title a covered project (B) by striking the authorized hazardous fuels reduction project the covered project (4) in subsection (c) (as so redesignated), by striking subsection (a) subsection (b) (5) in subsection (d) (as so redesignated)— (A) in paragraph (1), by striking an authorized hazardous fuel reduction project carried out under this title a covered project (B) in paragraph (2)(B), by striking authorized hazardous fuel reduction project covered project (C) in paragraph (3), in the matter preceding subparagraph (A), by striking an authorized hazardous fuel reduction project a covered project (6) by adding at the end the following: (e) Forest Service pilot arbitration program (1) Establishment (A) In general The Secretary of Agriculture (referred to in this subsection as the Secretary program (B) Designation process and arbitration procedure The Secretary shall— (i) establish a process for the designation of projects and an alternative dispute resolution procedure for the program in accordance with this subsection; and (ii) publish in the Federal Register the process and procedure described in clause (i). (2) Description of projects The Secretary may designate for the program projects for— (A) vegetation management; (B) forest thinning; (C) hazardous fuels reduction; and (D) any other project, as determined by the Secretary. (f) Costs and fees (1) In general In awarding fees or other expenses under section 2412 of title 28, United States Code, for a civil action relating to a covered project, the court shall— (A) restrict the award to reasonable hourly reimbursements; and (B) ensure that the award is not granted to— (i) a party other than a prevailing party; or (ii) a person that has substantial financial resources. (2) Regulations The Secretary shall promulgate regulations for what constitutes— (A) reasonable hourly reimbursements under paragraph (1)(A); and (B) substantial financial resources under paragraph (1)(B)(ii). .

Summary: Forest Management Improvement Act of 2017 This bill makes categorical exclusions, from requirements under the National Environmental Policy Act of 1969 (NEPA) to conduct environmental assessment and environmental impact statements, available to the Forest Service to conduct forest management activities on up to 10,000 acres of National Forest System land for each exclusion to: create early seral habitat forests; improve wildlife habitats; commercially thin forest stands on suited timberlands; and salvage trees that are dead and/or dying and were damaged by such events as wind, fire, or construction. For a forest management activity, the Forest Service: in an NEPA-prepared environmental impact statement, shall study, develop, and describe only the activity and the alternative of no action; and in an NEPA-prepared environmental assessment, shall not be required to study, develop, and describe the alternative of no action. The bill makes permanent the authority to designate, at state request, treatment areas in national forests that are experiencing an insect or disease epidemic. The bill revises authorities for watershed restoration and protection services. The Department of Agriculture shall establish a pilot arbitration program under which specified forest management projects challenged in a civil action may be designated for an alternative dispute resolution procedure instead of judicial review.