Resilient Federal Forests Act of 2019

To expedite under the National Environmental Policy Act of 1969 and improve forest management activities on National Forest System lands, on public lands under the jurisdiction of the Bureau of Land Management, and on Tribal lands to return resilience to overgrown, fire-prone forested lands, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Resilient Federal Forests Act of 2019 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Rule of application for National Forest System lands and public lands. Title I—Expedited Environmental Analysis and Availability of Categorical Exclusions to Expedite Forest Management Activities Subtitle A—Analysis of Proposed Collaborative Forest Management Activities Sec. 101. Analysis of only two alternatives (action versus no action) in proposed collaborative forest management activities. Subtitle B—Categorical Exclusions Sec. 111. Categorical exclusion to expedite certain critical response actions. Sec. 112. Categorical exclusion to expedite salvage operations in response to catastrophic events. Sec. 113. Categorical exclusion to meet forest plan goals for early successional forests. Sec. 114. Categorical exclusion for road side projects. Sec. 115. Categorical exclusion to improve or restore National Forest System Lands or public land or reduce the risk of wildfire. Sec. 116. Treatment areas. Sec. 117. Administrative review. Sec. 118. Wildfire resilience projects. Subtitle C—General Provisions for Forest Management Activities Sec. 121. Compliance with forest plans. Sec. 122. Consultation under the National Historic Preservation Act. Sec. 123. Consultation under the Endangered Species Act. Sec. 124. Forest management activities considered non-discretionary actions. Title II—Salvage and Reforestation in Response to Catastrophic Events Sec. 201. Expedited salvage operations and reforestation activities following large-scale catastrophic events. Sec. 202. Compliance with forest plan. Sec. 203. Prohibition on restraining orders, preliminary injunctions, and injunctions pending appeal. Title III—Forest Management Litigation Subtitle A—General Litigation Provisions Sec. 301. No attorney fees for forest management activity challenges. Sec. 302. Injunctive relief. Subtitle B—Forest Management Activity Arbitration Pilot Program Sec. 311. Use of arbitration instead of litigation to address challenges to forest management activities. Title IV—Secure Rural Schools and Community Self-Determination Act Amendments Sec. 401. Use of reserved funds for title II projects on Federal land and certain non-Federal land. Title V—Stewardship End Result Contracting Sec. 501. Payment of portion of stewardship project revenues to county in which stewardship project occurs. Sec. 502. Fire liability provision. Sec. 503. Extension of stewardship contracting maximum term limits. Title VI—Tribal Forestry Participation and Protection Sec. 601. Protection of Tribal forest assets through use of stewardship end result contracting and other authorities. Sec. 602. Management of Indian forest land authorized to include related National Forest System lands and public lands. Sec. 603. Tribal forest management demonstration project. Sec. 604. Rule of application. Title VII— Expediting Interagency Consultation Subtitle A—Forest Plans Not Considered Major Federal Actions Sec. 701. Forest plans not considered major Federal actions. Subtitle B—Agency Consultation Sec. 711. Consultation under Forest and Rangeland Renewable Resources Planning Act of 1974. Title VIII—Miscellaneous Subtitle A—Forest Management Provisions Sec. 801. Clarification of existing categorical exclusion authority related to insect and disease infestation. Sec. 802. Revision of alternate consultation agreement regulations. Sec. 803. Revision of extraordinary circumstances regulations. Sec. 804. Conditions on Forest Service road decommissioning. Sec. 805. Prohibition on application of Eastside Screens requirements on National Forest System lands. Sec. 806. Use of site-specific forest plan amendments for certain projects and activities. Sec. 807. Knutson-Vandenberg Act modifications. Sec. 808. Application of Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines. Sec. 809. Reconstruction and repair included in good neighbor agreements. Subtitle B—Oregon and California Railroad Grant Lands and Coos Bay Wagon Road Grant Lands Sec. 811. Amendments to the Act of August 28, 1937. Sec. 812. Oregon and California Railroad Grant Lands and Coos Bay Wagon Road Grant lands permanent rights of access. Sec. 813. Management of Bureau of Land Management lands in Western Oregon. 2. Definitions In titles I through IX: (1) Catastrophic event The term catastrophic event (2) Collaborative process The term collaborative process 16 U.S.C. 6591b(b)(1)(C) (3) Community wildfire protection plan The term community wildfire protection plan 16 U.S.C. 6511 (4) Coos Bay Wagon Road Grant lands The term Coos Bay Wagon Road Grant lands (5) Forest management activity The term forest management activity (6) Forest plan The term forest plan (A) a land use plan prepared by the Bureau of Land Management for public lands pursuant to section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 (B) a land and resource management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 (7) Large-scale catastrophic event The term large-scale catastrophic event (8) National Forest System The term National Forest System 16 U.S.C. 1609(a) (9) Oregon and California railroad grant lands The term Oregon and California Railroad Grant lands (A) All lands in the State of Oregon revested in the United States under the Act of June 9, 1916 (39 Stat. 218), that are administered by the Secretary of the Interior, acting through the Bureau of Land Management, pursuant to the first section of the Act of August 28, 1937 ( 43 U.S.C. 1181a (B) All lands in that State obtained by the Secretary of the Interior pursuant to the land exchanges authorized and directed by section 2 of the Act of June 24, 1954 ( 43 U.S.C. 1181h (C) All lands in that State acquired by the United States at any time and made subject to the provisions of title II of the Act of August 28, 1937 ( 43 U.S.C. 1181f (10) Public lands The term public lands 43 U.S.C. 1702 (11) Reforestation activity The term reforestation activity (12) Resource advisory committee The term resource advisory committee 16 U.S.C. 7121 (13) Salvage operation The term salvage operation (A) to prevent wildfire as a result of the catastrophic event, or, if the catastrophic event was wildfire, to prevent a re-burn of the fire-impacted area; (B) to provide an opportunity for utilization of forest materials damaged as a result of the catastrophic event; or (C) to provide a funding source for reforestation and other restoration activities for the National Forest System lands or public lands impacted by the catastrophic event. (14) Secretary concerned The term Secretary concerned (A) the Secretary of Agriculture, with respect to National Forest System lands; and (B) the Secretary of the Interior, with respect to public lands. 3. Rule of application for National Forest System lands and public lands Unless specifically provided by a provision of titles I through IX, the authorities provided by such titles do not apply with respect to any National Forest System lands or public lands— (1) that are included in the National Wilderness Preservation System; (2) that are located within a national or State-specific inventoried roadless area established by the Secretary of Agriculture through regulation, unless— (A) the forest management activity to be carried out under such authority is consistent with the forest plan applicable to the area; or (B) the Secretary concerned determines the activity is allowed under the applicable roadless rule governing such lands; or (3) on which timber harvesting for any purpose is prohibited by Federal statute. I Expedited Environmental Analysis and Availability of Categorical Exclusions to Expedite Forest Management Activities A Analysis of Proposed Collaborative Forest Management Activities 101. Analysis of only two alternatives (action versus no action) in proposed collaborative forest management activities (a) Application to certain Environmental Assessments and Environmental Impact Statements This section shall apply whenever the Secretary concerned prepares an environmental assessment or an environmental impact statement pursuant to section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (1) is developed through a collaborative process; (2) is proposed by a resource advisory committee; (3) will occur on lands identified by the Secretary concerned as suitable for timber production; (4) will occur on lands designated by the Secretary (or designee thereof) pursuant to section 602(b) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591a(b) (5) is covered by a community wildfire protection plan. (b) Consideration of alternatives In an environmental assessment or environmental impact statement described in subsection (a), the Secretary concerned shall study, develop, and describe only the following two alternatives: (1) The forest management activity. (2) The alternative of no action. (c) Elements of no action alternative In the case of the alternative of no action, the Secretary concerned shall consider whether to evaluate— (1) the effect of no action on— (A) forest health; (B) habitat diversity; (C) wildfire potential; (D) insect and disease potential; and (E) timber production; and (2) the implications of a resulting decline in forest health, loss of habitat diversity, wildfire, or insect or disease infestation, given fire and insect and disease historic cycles, on— (A) domestic water supply in the project area; (B) wildlife habitat loss; and (C) other economic and social factors. B Categorical Exclusions 111. Categorical exclusion to expedite certain critical response actions (a) Categorical exclusion established Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Forest management activities designated for categorical exclusion The forest management activities designated under this section for a categorical exclusion are forest management activities carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is— (1) to address an insect or disease infestation; (2) to reduce hazardous fuel loads; (3) to protect a municipal water source; (4) to maintain, enhance, or modify critical habitat to protect it from catastrophic disturbances; (5) to increase water yield; (6) to facilitate native species restoration; or (7) any combination of the purposes specified in paragraphs (1) through (6). (c) Availability of categorical exclusion On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (d) Acreage limitations (1) In general Except in the case of a forest management activity described in paragraph (2), a forest management activity covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 10,000 acres. (2) Larger areas authorized A forest management activity covered by the categorical exclusion established under subsection (a) may contain treatment units exceeding a total of 10,000 acres but not more than a total of 30,000 acres if the forest management activity— (A) is developed through a collaborative process; (B) is proposed by a resource advisory committee; or (C) is covered by a community wildfire protection plan. 112. Categorical exclusion to expedite salvage operations in response to catastrophic events (a) Categorical exclusion established Salvage operations carried out by the Secretary concerned on National Forest System lands or public lands are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Availability of categorical exclusion On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (c) Acreage limitation A salvage operation covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 10,000 acres. (d) Additional requirements (1) Stream buffers A salvage operation covered by the categorical exclusion established under subsection (a) shall comply with the standards and guidelines for stream buffers contained in the applicable forest plan unless waived by the Regional Forester, in the case of National Forest System lands, or the State Director of the Bureau of Land Management, in the case of public lands. (2) Reforestation plan A reforestation plan shall be developed under section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b 113. Categorical exclusion to meet forest plan goals for early successional forests (a) Categorical exclusion established Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Forest management activities designated for categorical exclusion The forest management activities designated under this section for a categorical exclusion are forest management activities carried out by the Secretary concerned on National Forest System lands or public lands where the primary purpose of such activity is to modify, improve, enhance, or create early successional forests for wildlife habitat improvement and other purposes, consistent with the applicable forest plan. (c) Availability of categorical exclusion On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (d) Project goals To the maximum extent practicable, the Secretary concerned shall design a forest management activity under this section to meet early successional forest goals in such a manner so as to maximize production and regeneration of priority species, as identified in the forest plan and consistent with the capability of the activity site. (e) Acreage limitations A forest management activity covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 10,000 acres. 114. Categorical exclusion for road side projects (a) Categorical exclusion established Projects carried out by the Secretary concerned to remove hazard trees or to salvage timber for purposes of the protection of public health or safety, water supply, or public infrastructure are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Availability of categorical exclusion On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (c) Healthy Forests Restoration Act requirements (1) Administrative review A project that is categorically excluded under this section shall be subject to the requirements of subsections (d), (e), and (f) of section 603 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591 (2) Hazardous fuel reduction on Federal land A project that is categorically excluded under this section shall be subject to the requirements of sections 102, 104, 105, and 106 of title I of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 115. Categorical exclusion to improve or restore National Forest System Lands or public land or reduce the risk of wildfire (a) Categorical exclusion established Forest management activities described in subsection (b) are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Forest management activities designated for categorical exclusion (1) Designation The forest management activities designated under this section for a categorical exclusion are forest management activities described in paragraph (2) that are carried out by the Secretary concerned on National Forest System Lands or public lands where the primary purpose of such activity is to improve or restore such lands or reduce the risk of wildfire on those lands. (2) Activities authorized The follow activities may be carried out pursuant to the categorical exclusion established under subsection (a): (A) Removal of juniper trees, medusahead rye, conifer trees, piñon pine trees, cheatgrass, and other noxious or invasive weeds specified on Federal or State noxious weeds lists through late-season livestock grazing, targeted livestock grazing, prescribed burns, and mechanical treatments. (B) Performance of hazardous fuels management. (C) Creation of fuel and fire breaks. (D) Modification of existing fences in order to distribute livestock and help improve wildlife habitat. (E) Installation of erosion control devices. (F) Construction of new and maintenance of permanent infrastructure, including stock ponds, water catchments, and water spring boxes used to benefit livestock and improve wildlife habitat. (G) Performance of soil treatments, native and non-native seeding, and planting of and transplanting sagebrush, grass, forb, shrub, and other species. (H) Use of herbicides, so long as the Secretary concerned determines that the activity is otherwise conducted consistently with agency procedures, including any forest plan applicable to the area covered by the activity. (c) Availability of categorical exclusion On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section. (d) Acreage limitations A forest management activity covered by the categorical exclusion established under subsection (a) may not exceed 10,000 acres. (e) Definitions In this section: (1) Hazardous fuels management The term hazardous fuels management (2) Late-season grazing The term late-season grazing (3) Targeted livestock grazing The term targeted livestock grazing 116. Treatment areas Section 602 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591a (1) in the heading, by striking Designation of (2) by amending subsection (a) to read as follows: (a) Definitions In this section: (1) Coos Bay Wagon Road Grant lands The term Coos Bay Wagon Road Grant lands (2) Declining forest health The term declining forest health (A) substantially increased tree mortality due to insect or disease infestation; or (B) dieback due to infestation or defoliation by insects or disease. (3) Oregon and California railroad grant lands The term Oregon and California Railroad Grant lands (A) All lands in the State of Oregon revested in the United States under the Act of June 9, 1916 (39 Stat. 218), that are administered by the Secretary of the Interior, acting through the Bureau of Land Management, pursuant to the first section of the Act of August 28, 1937 ( 43 U.S.C. 1181a (B) All lands in that State obtained by the Secretary of the Interior pursuant to the land exchanges authorized and directed by section 2 of the Act of June 24, 1954 ( 43 U.S.C. 1181h (C) All lands in that State acquired by the United States at any time and made subject to the provisions of title II of the Act of August 28, 1937 ( 43 U.S.C. 1181f (4) Public lands The term public lands 43 U.S.C. 1702 (5) Qualified forest The term qualified forest (A) National Forest System lands; or (B) public lands. (6) Secretary concerned The term Secretary concerned (A) with respect to National Forest System lands, the Secretary of Agriculture; and (B) with respect to public lands, the Secretary of the Interior. ; (3) by amending subsection (b) to read as follows: (b) Authority The Secretary concerned may carry out insect and disease treatment programs in a qualified forest that meets the requirements specified in subsection (c). ; (4) in subsection (c), by striking To be designated a landscape-scale area under subsection (b), the area shall be The Secretary concerned may only carry out projects under subsection (b) in a qualified forest that is (5) in subsection (d)(1), by striking on Federal land in the areas designated 117. Administrative review Section 603(c) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b(c) (1) in paragraph (1), by striking 3000 acres 10,000 acres (2) in paragraph (2)(B), by striking Fire Regime Groups I, II, or III, Fire Regime I, Fire Regime II, Fire Regime III, Fire Regime IV, or Fire Regime V, 118. Wildfire resilience projects Section 605(c) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591d(c) (1) in paragraph (1), by striking 3000 acres 10,000 acres (2) in paragraph (2)(B), by striking Fire Regime Groups I, II, or III Fire Regime I, Fire Regime II, Fire Regime III, Fire Regime IV, or Fire Regime V C General Provisions for Forest Management Activities 121. Compliance with forest plans A forest management activity carried out pursuant to this Act shall be conducted in a manner consistent with the forest plan applicable to the National Forest System land or public lands covered by the forest management activity. 122. Consultation under the National Historic Preservation Act (a) In general Not later than 12 months after the date of enactment of this Act, the Secretary concerned shall each develop, in consultation with relevant consulting parties, a programmatic agreement or other appropriate program alternative pursuant to section 800.14 of title 36, Code of Federal Regulations, or successor regulation, for expediting reviews under section 306108 of title 54, United States Code, for forest management activities carried out pursuant to this Act. (b) Requirement A programmatic agreement or other program alternative developed under subsection (a) shall incorporate the concepts of phased identification and evaluation set forth in section 800.4(b)(2) of title 36, Code of Federal Regulations, or successor regulation. 123. Consultation under the Endangered Species Act (a) No consultation if action not likely To adversely affect a listed species or designated critical habitat With respect to a forest management activity carried out pursuant to this Act, consultation under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (b) Expedited consultation (1) In general With respect to a forest management activity carried out pursuant to this Act, consultation required under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (2) No conclusion In the case of a consultation described in paragraph (1) that is not concluded within the 90-day period, the forest management activity for which such consultation was initiated— (A) shall be considered to have not violated section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a)(2) (B) may be carried out. 124. Forest management activities considered non-discretionary actions For purposes of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 II Salvage and Reforestation in Response to Catastrophic Events 201. Expedited salvage operations and reforestation activities following large-scale catastrophic events (a) Expedited environmental assessment Notwithstanding any other provision of law, an environmental assessment prepared by the Secretary concerned pursuant to section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 (b) Expedited implementation and completion In the case of reforestation activities conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event, the Secretary concerned shall, to the maximum extent practicable, achieve reforestation of at least 75 percent of the impacted lands during the 5-year period following the conclusion of the catastrophic event. (c) Availability of Knutson-Vandenberg funds Amounts in the special fund established pursuant to section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b (d) Timeline for public input process Notwithstanding any other provision of law, in the case of a salvage operation or reforestation activity proposed to be conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event, the Secretary concerned shall allow 30 days for public scoping and comment, 15 days for filing an objection, and 15 days for the agency response to the filing of an objection. Upon completion of this process and expiration of the period specified in subsection (a), the Secretary concerned shall implement the project immediately. 202. Compliance with forest plan A salvage operation or reforestation activity authorized by this title shall be conducted in a manner consistent with the forest plan applicable to the National Forest System lands or public lands covered by the salvage operation or reforestation activity. 203. Prohibition on restraining orders, preliminary injunctions, and injunctions pending appeal No restraining order, preliminary injunction, or injunction pending appeal shall be issued by any court of the United States with respect to any decision to prepare or conduct a salvage operation or reforestation activity in response to a large-scale catastrophic event. Section 705 of title 5, United States Code, shall not apply to any challenge to the salvage operation or reforestation activity. III Forest Management Litigation A General Litigation Provisions 301. No attorney fees for forest management activity challenges Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any fees or other expenses under such sections to any plaintiff related to an action challenging a forest management activity carried out pursuant to this Act. 302. Injunctive relief (a) Balancing short- and long-Term effects of forest management activities in considering injunctive relief As part of its weighing the equities while considering any request for an injunction that applies to any agency action as part of a forest management activity under titles I through IX, the court reviewing the agency action shall balance the impact to the ecosystem likely affected by the forest management activity of— (1) the short- and long-term effects of undertaking the agency action; against (2) the short- and long-term effects of not undertaking the action. (b) Time limitations for injunctive relief (1) In general Subject to paragraph (2) the length of any preliminary injunctive relief and stays pending appeal that applies to any agency action as part of a forest management activity under titles I through IX, shall not exceed 60 days. (2) Renewal (A) In general A court of competent jurisdiction may issue one or more renewals of any preliminary injunction, or stay pending appeal, granted under paragraph (1). (B) Updates In each renewal of an injunction in an action, the parties to the action shall present the court with updated information on the status of the authorized forest management activity. B Forest Management Activity Arbitration Pilot Program 311. Use of arbitration instead of litigation to address challenges to forest management activities (a) Discretionary arbitration process pilot program (1) In general The Secretary of Agriculture, with respect to National Forest System lands, and the Secretary of the Interior, with respect to public lands, shall each establish a discretionary arbitration pilot program as an alternative dispute resolution process in lieu of judicial review for the activities described in paragraph (2). (2) Activities described The Secretary concerned, at the sole discretion of the Secretary, may designate objections or protests to forest management activities for arbitration under the arbitration pilot program established under paragraph (1). (3) Maximum amount of arbitrations Under the arbitration pilot program, the Secretary concerned may not arbitrate more than 10 objections or protests to forest management activities in a fiscal year in— (A) each Forest Service Region; and (B) each State Region of the Bureau of Land Management. (4) Determining amount of arbitrations An objection or protest to a forest management activity shall not be counted towards the limitation on number of arbitrations under paragraph (3) unless— (A) on the date such objection or protest is designated for arbitration, the forest management activity for which such objection or protest is filed has not been the subject of arbitration proceedings under the pilot program; and (B) the arbitration proceeding has commenced with respect to such objection or protest. (5) Termination The pilot programs established pursuant to paragraph (1) shall terminate on the date that is 7 years after the date of the enactment of this Act. (b) Intervening parties (1) Requirements Any person that submitted a public comment on the forest management activity that is subject to arbitration may intervene in the arbitration— (A) by endorsing— (i) the forest management activity; or (ii) the modification proposal submitted under subparagraph (B); or (B) by submitting a proposal to further modify the forest management activity. (2) Deadline for submission With respect to an objection or protest that is designated for arbitration under this subsection (a), a request to intervene in an arbitration must be submitted not later than the date that is 30 days after the date on which such objection or protest was designated for arbitration. (3) Multiple parties Multiple intervening parties may submit a joint proposal so long as each intervening party meets the eligibility requirements of paragraph (1). (c) Appointment of arbitrator (1) Appointment The Secretary of Agriculture and the Secretary of the Interior shall jointly develop and publish a list of not fewer than 20 individuals eligible to serve as arbitrators for the pilot programs under this section. (2) Qualifications In order to be eligible to serve as an arbitrator under this subsection, an individual shall be, on the date of the appointment of such arbitrator— (A) certified by the American Arbitration Association; and (B) not a registered lobbyist. (3) Selection of arbitrator (A) In general For each arbitration commenced under this section, the Secretary concerned and each applicable objector or protestor shall agree, not later than 14 days after the agreement process is initiated, on a mutually acceptable arbitrator from the list published under subsection. (B) Appointment after 14 days In the case of an agreement with respect to a mutually acceptable arbitrator not being reached within the 14-day limit described in subparagraph (A), the Secretary concerned shall appoint an arbitrator from the list published under this subsection. (d) Selection of proposals (1) In general The arbitrator appointed under subsection (c)— (A) may not modify any of the proposals submitted with the objection, protest, or request to intervene; and (B) shall select to be conducted— (i) the forest management activity, as approved by the Secretary; or (ii) a proposal submitted by an objector or an intervening party. (2) Selection criteria An arbitrator shall, when selecting a proposal, consider— (A) whether the proposal is consistent with the applicable forest plan, laws, and regulations; (B) whether the proposal can be carried out by the Secretary concerned; and (C) the effect of each proposal on— (i) forest health; (ii) habitat diversity; (iii) wildfire potential; (iv) insect and disease potential; (v) timber production; and (vi) the implications of a resulting decline in forest health, loss of habitat diversity, wildfire, or insect or disease infestation, given fire and insect and disease historic cycles, on— (I) domestic water costs; (II) wildlife habitat loss; and (III) other economic and social factors. (e) Effect of decision The decision of an arbitrator with respect to the forest management activity— (1) shall not be considered a major Federal action; (2) shall be binding; and (3) shall not be subject to judicial review, except as provided in section 10(a) of title 9, United States Code. (f) Deadline for completion Not later than 90 days after the date on which the arbitration is filed with respect to the forest management activity, the arbitration process shall be completed. IV Secure Rural Schools and Community Self-Determination Act Amendments 401. Use of reserved funds for title II projects on Federal land and certain non-Federal land Section 204(f) of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7124(f) (f) Requirements for project funds (1) In general Subject to paragraph (2), the Secretary concerned shall ensure that at least 50 percent of the project funds reserved by a participating county under section 102(d) shall be available only for projects that— (A) include the sale of timber or other forest products, reduce fire risks, or improve water supplies; and (B) implement stewardship objectives that enhance forest ecosystems or restore and improve land health and water quality. (2) Applicability The requirement in paragraph (1) shall apply only to project funds reserved by a participating county whose boundaries include Federal land that the Secretary concerned determines has been subject to a timber or other forest products program within 5 fiscal years before the fiscal year in which the funds are reserved. . V Stewardship End Result Contracting 501. Payment of portion of stewardship project revenues to county in which stewardship project occurs Section 604(e) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(e) (1) in paragraph (2)(B), by inserting subject to paragraph (3)(A), shall (2) in paragraph (3)(A), by striking services received by the Chief or the Director services and in-kind resources received by the Chief or the Director under a stewardship contract project conducted under this section shall not be considered monies received from the National Forest System or the public lands, but any payments made by the contractor to the Chief or Director under the project shall be considered monies received from the National Forest System or the public lands. 502. Fire liability provision Section 604(d) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(d) (8) Modification Upon the request of the contractor, a contract or agreement under this section awarded before February 7, 2014, shall be modified by the Chief or Director to include the fire liability provisions described in paragraph (7). . 503. Extension of stewardship contracting maximum term limits (a) Health Forests Restoration Act Section 604(d)(3)(B) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c(d)(3)(B) 10 years 20 years (b) National Forest Management Act Section 14(c) of the National Forest Management Act of 1976 ( 16 U.S.C. 472a(c) Fire Regime Groups I, II, or III Fire Regime Groups I, II, III, IV, and V VI Tribal Forestry Participation and Protection 601. Protection of Tribal forest assets through use of stewardship end result contracting and other authorities (a) Prompt consideration of tribal requests Section 2(b) of the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a(b) (1) in paragraph (1), by striking Not later than 120 days after the date on which an Indian tribe submits to the Secretary In response to the submission by an Indian Tribe of (2) by adding at the end the following new paragraph: (4) Time periods for consideration (A) Initial response Not later than 120 days after the date on which the Secretary receives a Tribal request under paragraph (1), the Secretary shall provide an initial response to the Indian Tribe regarding— (i) whether the request may meet the selection criteria described in subsection (c); and (ii) the likelihood of the Secretary entering into an agreement or contract with the Indian Tribe under paragraph (2) for activities described in paragraph (3). (B) Notice of denial Notice under subsection (d) of the denial of a Tribal request under paragraph (1) shall be provided not later than 1 year after the date on which the Secretary received the request. (C) Completion Not later than 2 years after the date on which the Secretary receives a Tribal request under paragraph (1), other than a Tribal request denied under subsection (d), the Secretary shall— (i) complete all environmental reviews necessary in connection with the agreement or contract and proposed activities under the agreement or contract; and (ii) enter into the agreement or contract with the Indian tribe under paragraph (2). . (b) Conforming and technical amendments Section 2 of the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a (1) in subsections (b)(1) and (f)(1), by striking section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 ( 16 U.S.C. 2104 Public Law 105–277 section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c (2) in subsection (d), by striking subsection (b)(1), the Secretary may paragraphs (1) and (4)(B) of subsection (b), the Secretary shall 602. Management of Indian forest land authorized to include related National Forest System lands and public lands Section 305 of the National Indian Forest Resources Management Act ( 25 U.S.C. 3104 (c) Inclusion of certain national forest system land and public land (1) Authority At the request of an Indian Tribe, the Secretary concerned may agree to treat Federal forest land as Indian forest land for purposes of planning and conducting forest land management activities under this section if the Federal forest land is located within, or mostly within, a geographic area that presents a feature or involves circumstances principally relevant to that Indian Tribe, such as Federal forest land ceded to the United States by treaty, Federal forest land within the boundaries of a current or former reservation, or Federal forest land adjudicated to be Tribal homelands. (2) Requirements As part of the agreement to treat Federal forest land as Indian forest land under paragraph (1), the Secretary concerned and the Indian Tribe making the request shall— (A) provide for continued public access applicable to the Federal forest land prior to the agreement, except that the Secretary concerned may limit or prohibit such access as needed; (B) continue sharing revenue generated by the Federal forest land with State and local governments either— (i) on the terms applicable to the Federal forest land prior to the agreement, including, where applicable, 25-percent payments or 50-percent payments; or (ii) at the option of the Indian Tribe, on terms agreed upon by the Indian Tribe, the Secretary concerned, and State and county governments participating in a revenue sharing agreement for the Federal forest land; (C) comply with applicable prohibitions on the export of unprocessed logs harvested from the Federal forest land; (D) recognize all right-of-way agreements in place on Federal forest land prior to commencement of Tribal management activities; (E) ensure that all commercial timber removed from the Federal forest land is sold on a competitive bid basis; and (F) cooperate with the appropriate State fish and wildlife agency to achieve mutual agreement on the management of fish and wildlife. (3) Limitation Treating Federal forest land as Indian forest land for purposes of planning and conducting management activities pursuant to paragraph (1) shall not be construed to designate the Federal forest land as Indian forest lands for any other purpose. (4) Definitions In this subsection: (A) Federal forest land The term Federal forest land (i) National Forest System lands; and (ii) public lands (as defined in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702(e) (B) Secretary concerned The term Secretary concerned (i) the Secretary of Agriculture, with respect to the Federal forest land referred to in subparagraph (A)(i); and (ii) the Secretary of the Interior, with respect to the Federal forest land referred to in subparagraph (A)(ii). . 603. Tribal forest management demonstration project The Secretary of the Interior and the Secretary of Agriculture may carry out demonstration projects by which federally recognized Indian Tribes or Tribal organizations may contract to perform administrative, management, and other functions of programs of the Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a 25 U.S.C. 5304 604. Rule of application Nothing in this title, or the amendments made by this title, shall be construed as interfering with, diminishing, or conflicting with the authority, jurisdiction, or responsibility of any State to exercise primary management, control, or regulation of fish and wildlife on land or water within the State (including on public land) under State law. VII Expediting Interagency Consultation A Forest Plans Not Considered Major Federal Actions 701. Forest plans not considered major Federal actions The development, maintenance, amendment, and revision of a forest plan shall not be considered a major Federal action for purposes of section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 B Agency Consultation 711. Consultation under Forest and Rangeland Renewable Resources Planning Act of 1974 Section 6(d) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(d) (1) by striking (d) The Secretary (d) Public participation and consultation (1) In general The Secretary ; and (2) by adding at the end the following: (2) No additional consultation required after approval of land management plans (A) In general Notwithstanding any other provision of law, the Secretary shall not be required to engage in consultation under this subsection or any other provision of law (including section 7 of the Endangered Species Act ( 16 U.S.C. 1536 (i) if a land management plan approved by the Secretary— (I) the listing of a species as threatened or endangered, or a designation of critical habitat pursuant to the Endangered Species Act ( 16 U.S.C. 1531 (II) whether the amount or extent of taking specified in the incidental take statement is exceeded; (III) whether new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered; or (IV) whether the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the biological opinion; or (ii) any provision of a land management plan adopted as described in clause (i). (B) Effect of paragraph Nothing in this paragraph affects any applicable requirement of the Secretary to consult with the head of any other Federal department or agency— (i) regarding any project, including a project carried out, or proposed to be carried out, in an area designated as critical habitat pursuant to the Endangered Species Act ( 16 U.S.C. 1531 (ii) with respect to the development of an amendment to a land management plan that would result in a significant change in the land management plan. (3) Land management plan considered a non-discretionary action For purposes of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 . VIII Miscellaneous A Forest Management Provisions 801. Clarification of existing categorical exclusion authority related to insect and disease infestation Section 603(c)(2)(B) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591b(c)(2)(B) Fire Regime Groups I, II, or III Fire Regime I, Fire Regime II, Fire Regime III, Fire Regime IV, or Fire Regime V 802. Revision of alternate consultation agreement regulations Not later than 90 days after the date of the enactment of this section, the Secretary of the Interior and the Secretary of Commerce shall revise section 402.13 of title 50, Code of Federal Regulations, to— (1) authorize Federal agencies to enter into alternative consultation agreements under which the Federal agency may determine if an action such agency authorizes is likely to adversely affect listed species or critical habitat; and (2) if an agency determines such action will not likely adversely affect listed species or critical habitat pursuant to paragraph (1), not require such agency to complete a formal consultation, informal consultation, or written concurrence of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service with respect to such action. 803. Revision of extraordinary circumstances regulations (a) Determinations of extraordinary circumstances In determining whether extraordinary circumstances related to a proposed action preclude use of a categorical exclusion, the Forest Service shall not be required to— (1) consider whether a proposed action is within a potential wilderness area; (2) consider whether a proposed action affects a Forest Service sensitive species; (3) conduct an analysis under section 220.4(f) of title 36, Code of Federal Regulations, of the proposed action’s cumulative impact (as the term is defined in section 1508.7 of title 40, Code of Federal Regulations); (4) consider a determination under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (5) consider a determination under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (b) Proposed rulemaking Not later than 60 days after the date of enactment of this Act, the Secretary of Agriculture shall publish a notice of proposed rulemaking to revise section 220.6(b) of title 36, Code of Federal Regulations to conform such section with subsection (a). (c) Additional revision As part of the proposed rulemaking described in subsection (b), the Secretary of Agriculture shall revise section 220.5(a)(2) of title 36, Code of Federal Regulations, to provide that the Forest Service shall not be required to consider proposals that would substantially alter a potential wilderness area as a class of actions normally requiring environmental impact statements. (d) Additional actions Not later than 120 days after the date of enactment of this Act, the Secretary of Agriculture shall issue final regulations to carry out the revisions described in subsections (b) and (c). 804. Conditions on Forest Service road decommissioning (a) Consultation with affected county Whenever any Forest Service defined maintenance level one- or two-system road within a designated high-fire prone area of a unit of the National Forest System is considered for decommissioning, the Forest Supervisor of that unit of the National Forest System shall— (1) consult with the government of the county containing the road regarding the merits and possible consequences of decommissioning the road; and (2) solicit possible alternatives to decommissioning the road. (b) Period prior to decommission A Forest Service road described in subsection (a) may not be decommissioned without the advance approval of the Regional Forester. 805. Prohibition on application of Eastside Screens requirements on National Forest System lands (a) Repeal of Eastside Screens requirements Notwithstanding any other provision of law, the Secretary of Agriculture shall immediately withdraw the Interim Management Direction Establishing Riparian, Ecosystem, and Wildlife Standards for Timber Sales (commonly known as the Eastside Screens requirements), including all preceding or associated versions of these amendments. (b) Effect of repeal On and after the date of the enactment of this Act, the Secretary of Agriculture may not apply to National Forest System lands any of the amendments repealed under subsection (a). 806. Use of site-specific forest plan amendments for certain projects and activities If the Secretary concerned determines that, in order to conduct a project or carry out an activity implementing a forest plan, an amendment to the forest plan is required, the Secretary concerned shall execute such amendment as a nonsignificant plan amendment through the record of decision or decision notice for the project or activity. 807. Knutson-Vandenberg Act modifications (a) Deposits of funds from national forest timber purchasers required Section 3(a) of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b(a) The Secretary any purchaser The Secretary of Agriculture shall require each purchaser (b) Conditions on use of deposits Section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b (1) by striking Such deposits (b) Amounts deposited under subsection (a) ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting before subsection (d), as so redesignated, the following new subsection (c): (c) (1) Amounts in the special fund established pursuant to this section— (A) shall be used exclusively to implement activities authorized by subsection (a); and (B) may be used anywhere within the Forest Service Region from which the original deposits were collected. (2) The Secretary of Agriculture may not deduct overhead costs from the funds collected under subsection (a), except as needed to fund personnel of the responsible Ranger District for the planning and implementation of the activities authorized by subsection (a). . 808. Application of Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines The Northwest Forest Plan Survey and Manage Mitigation Measure Standard and Guidelines shall not apply to any National Forest System lands or public lands. 809. Reconstruction and repair included in good neighbor agreements Section 8206(a)(3) of the Agricultural Act of 2014 ( 16 U.S.C. 2113a(a)(3) (1) in subparagraph (A)— (A) in clause (ii), by striking and (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following new clause: (iii) construction, reconstruction, repair or restoration of roads as necessary to achieve project objectives; and ; and (2) by amending subparagraph (B) to read as follows: (B) Exclusions The term forest, rangeland, and watershed restoration services . B Oregon and California Railroad Grant Lands and Coos Bay Wagon Road Grant Lands 811. Amendments to the Act of August 28, 1937 The first section of the Act of August 28, 1937 (50 Stat. 874; 43 U.S.C. 2601 (1) by striking principal of sustained yield principle of sustained yield (2) by striking facilties facilities (3) by striking That timber from said lands in an amount That timber from said lands in the amount that is the greater of: 812. Oregon and California Railroad Grant Lands and Coos Bay Wagon Road Grant lands permanent rights of access (a) Creation of permanent rights of access required Notwithstanding any other provision of law, on the date of the enactment of this section, reciprocal road right-of-way permits, grants, and agreements issued to a private landowner by the Secretary of the Interior pursuant to subpart 2812 of part 2810 of title 43, Code of Federal Regulations, or its predecessor regulation shall become permanent rights of access that are recordable and that shall run with the land. (b) Records updated Not later than 60 days after the date of the enactment of this Act, the reciprocal road right-of-way permits, grants, and agreements described in subsection (a) shall be amended to reflect the permanent rights of access required under subsection (a) and recorded by the Secretary of the Interior in each county where the lands are located. No other amendments shall be made to such right-of-way permits, grants, and agreements. 813. Management of Bureau of Land Management lands in Western Oregon (a) In general All of the public land managed by the Bureau of Land Management in the Northwest District, Roseburg District, Coos Bay District, Medford District, and the Klamath Resource Area of the Lakeview District in the State of Oregon shall hereafter be managed pursuant to title I of the Act of August 28, 1937 ( 43 U.S.C. 1181a 43 U.S.C. 1181f (b) Certain exclusions (1) Certain lands excluded Subsection (a) does not apply to— (A) the Yaquina Head Outstanding Natural Area established under section 119 of Public Law 96–199 43 U.S.C. 1783 (B) lands managed under the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 (C) lands managed under the Wilderness Act ( 16 U.S.C. 1131 (D) lands managed under the National Trails System Act ( 16 U.S.C. 1241 (2) Certain revenue excluded Subsection (a) does not apply to any revenue that is required to be deposited in the Coos Bay Wagon Road grant fund pursuant to sections 1 through 4 of the Act of May 24, 1939 ( 43 U.S.C. 2621–2624

Summary: Resilient Federal Forests Act of 2019 This bill revises provisions regarding certain forest management activities conducted by the Department of Agriculture or the Department of the Interior. The bill establishes categorical exclusions from environmental review for activities such as responding to an infestation or protecting a municipal water supply. For certain forest management activities, including those developed through a collaborative process, an environmental review may compare the impact of the proposed activity only to the impact of taking no action.