Scenic Columbia Gorge Restoration Act of 2017

To expedite salvage and reforestation projects in the Columbia Gorge National Scenic Area and other National Scenic Areas in response to certain catastrophic events, and for other purposes. 1. Short title This Act may be cited as the Scenic Columbia Gorge Restoration Act of 2017 2. Expedited recovery activities in response to catastrophic events in National Scenic Areas (a) Definitions In this section: (1) Catastrophic event The term catastrophic event (2) Conclusion The term conclusion (3) National scenic area The term National Scenic Area (4) Response activity The term response activity (5) Secretary The term Secretary (b) Prompt proposal of response activities Within 30 days after the conclusion of a catastrophic event within a National Scenic Area, the Secretary shall begin proposing response activities for lands within the National Scenic Area adversely impacted by the catastrophic event. (c) Public Input and response process Notwithstanding any other provision of law, the Secretary shall allow 30 days for public scoping and comment regarding a National Scenic Area response activity, 15 days for filing an objection to the response activity, 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 (d)(1) if applicable, the Secretary shall implement the response activity. (d) Environmental review (1) Expedited environmental assessment Except as provided in paragraph (2), 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 (2) Categorical exclusion A categorical exclusion is available for any National Scenic Area response activity that— (A) does not exceed 10,000 acres within the National Scenic Area; and (B) includes lands that— (i) are visible from key viewing areas, as described in the management plan for the National Scenic Area; (ii) provide screening for human development; (iii) are part of a municipal watershed; or (iv) contain utility or power transmission right-of-ways. (e) Consultation under the Endangered Species Act (1) No Consultation if response activity Not Likely To Adversely Affect a Listed Species or Designated Critical Habitat Consultation under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (2) Expedited Consultation (A) In general With respect to a response activity that is not covered by paragraph (1), consultation required under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 (B) Effect of no conclusion In the case of a consultation described in subparagraph (A) that is not concluded within the 90-day period specified in such subparagraph, the response activity for which such consultation was initiated— (i) shall be deemed to have not violated section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a)(2) (ii) may be carried out. (f) 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 response activity. Section 705 of title 5, United States Code, shall not apply to any challenge to the response activity. (g) Funding source 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 (h) Reforestation objective In the case of response activities conducted on National Scenic Area lands adversely impacted by a catastrophic event, the Secretary shall achieve reforestation of at least 75 percent of the impacted lands before the end of the two-year period following the conclusion of the catastrophic event.

Summary: Scenic Columbia Gorge Restoration Act of 2017 This bill directs the Forest Service to begin proposing, within 30 days of a catastrophic event, response (salvage operations or reforestation) activities for lands within a national scenic area that have been adversely impacted by the event. The bill provides a process for expedited environmental review under the National Environmental Policy Act of 1969, including a categorical exclusion not exceeding 10,000 acres for a response activity.