474 
major Federal action for the purposes of section 
102(2)(C) of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332(2)(C)). 
‘‘(h) REPORT.—Not later than 3 years after the date 
of the enactment of the Agriculture and Nutrition Act of 
2018, the Secretary shall submit to the Committee on Ag-
riculture of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry of the Sen-
ate a report that includes— 
‘‘(1) a description of the status of the develop-
ment, execution, and administration of landscape- 
scale projects selected under the program under this 
section; 
‘‘(2) an accounting of expenditures under such 
program; and 
‘‘(3) specific accomplishments that have re-
sulted from landscape-scale projects under such pro-
gram. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary for the 
landscape-scale restoration program established under 
subsection (c) $10,000,000 for each of fiscal years 2019 
through 2023, to remain available until expended.’’. 
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SEC. 8105. RURAL REVITALIZATION TECHNOLOGIES. 
Section 2371(d)(2) of the Food, Agriculture, Con-
servation, and Trade Act of 1990 (7 U.S.C. 6601(d)(2)) 
is amended by striking ‘‘2018’’ and inserting ‘‘2023’’. 
SEC. 8106. COMMUNITY WOOD ENERGY AND WOOD INNOVA-
TION PROGRAM. 
Section 9013 of the Farm Security and Rural Invest-
ment Act of 2002 (7 U.S.C. 8113) is amended to read 
as follows: 
‘‘SEC. 9013. COMMUNITY WOOD ENERGY AND WOOD INNO-
VATION PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COMMUNITY WOOD ENERGY SYSTEM.— 
‘‘(A) IN GENERAL.—The term ‘community 
wood energy system’ means an energy system 
that— 
‘‘(i) produces thermal energy or com-
bined thermal energy and electricity where 
thermal is the primary energy output; 
‘‘(ii) services public facilities owned or 
operated by State or local governments (in-
cluding schools, town halls, libraries, and 
other public buildings) or private or non-
profit facilities (including commercial and 
business facilities, such as hospitals, office 
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buildings, apartment buildings, and manu-
facturing and industrial buildings); and 
‘‘(iii) uses woody biomass, including 
residuals from wood processing facilities, 
as the primary fuel. 
‘‘(B) INCLUSIONS.—The term ‘community 
wood energy system’ includes single-facility cen-
tral heating, district heating systems serving 
multiple buildings, combined heat and electric 
systems where thermal energy is the primary 
energy output, and other related biomass en-
ergy systems. 
‘‘(2) INNOVATIVE WOOD PRODUCT FACILITY.— 
The term ‘innovative wood product facility’ means a 
manufacturing or processing plant or mill that pro-
duces— 
‘‘(A) building components or systems that 
use large panelized wood construction, including 
mass timber; 
‘‘(B) wood products derived from nano-
technology or other new technology processes, 
as determined by the Secretary; or 
‘‘(C) other innovative wood products that 
use low-value, low-quality wood, as determined 
by the Secretary. 
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‘‘(3) MASS TIMBER.—The term ‘mass timber’ 
includes— 
‘‘(A) cross-laminated timber; 
‘‘(B) nail-laminated timber; 
‘‘(C) glue-laminated timber; 
‘‘(D) laminated strand lumber; and 
‘‘(E) laminated veneer lumber. 
‘‘(4) PROGRAM.—The term ‘Program’ means 
the Community Wood Energy and Wood Innovation 
Program established under subsection (b). 
‘‘(b) COMPETITIVE GRANT PROGRAM.—The Sec-
retary, acting through the Chief of the Forest Service, 
shall establish a competitive grant program to be known 
as the ‘Community Wood Energy and Wood Innovation 
Program’. 
‘‘(c) MATCHING GRANTS.— 
‘‘(1) IN GENERAL.—Under the Program, the 
Secretary shall make grants to cover not more than 
35 percent of the capital cost for installing a com-
munity wood energy system or building an innova-
tive wood product facility. 
‘‘(2) SPECIAL CIRCUMSTANCES.—The Secretary 
may establish special circumstances, such as in the 
case of a community wood energy system project or 
innovative wood product facility project involving a 
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school or hospital in a low-income community, under 
which grants under the Program may cover up to 50 
percent of the capital cost. 
‘‘(3) SOURCE OF MATCHING FUNDS.—Matching 
funds required pursuant to this subsection from a 
grant recipient must be derived from non-Federal 
funds. 
‘‘(d) PROJECT CAP.—The total amount of grants 
under the Program for a community wood energy system 
project or innovative wood product facility project may not 
exceed— 
‘‘(1) in the case of grants under the general au-
thority 
provided 
under 
subsection 
(c)(1), 
$1,000,000; and 
‘‘(2) in the case of grants for which the special 
circumstances 
apply 
under 
subsection 
(c)(2), 
$1,500,000. 
‘‘(e) SELECTION CRITERIA.—In selecting applicants 
for grants under the Program, the Secretary shall consider 
the following: 
‘‘(1) The energy efficiency of the proposed com-
munity wood energy system or innovative wood prod-
uct facility. 
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‘‘(2) The cost effectiveness of the proposed 
community wood energy system or innovative wood 
product facility. 
‘‘(3) The extent to which the proposed commu-
nity wood energy system or innovative wood product 
facility represents the best available commercial 
technology. 
‘‘(4) The extent to which the applicant has 
demonstrated a high likelihood of project success by 
completing detailed engineering and design work in 
advance of the grant application. 
‘‘(5) Other technical, economic, conservation, 
and environmental criteria that the Secretary con-
siders appropriate. 
‘‘(f) GRANT PRIORITIES.—In selecting applicants for 
grants under the Program, the Secretary shall give pri-
ority to proposals that— 
‘‘(1) would be carried out in a location where 
markets are needed for the low-value, low-quality 
wood; 
‘‘(2) would be carried out in a location with 
limited access to natural gas pipelines; 
‘‘(3) would include the use or retrofitting (or 
both) of existing sawmill facilities located in a loca-
tion where the average annual unemployment rate 
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480 
exceeded the national average unemployment rate by 
more than 1 percent during the previous calendar 
year; or 
‘‘(4) would be carried out in a location where 
the project will aid with forest restoration. 
‘‘(g) LIMITATIONS.— 
‘‘(1) CAPACITY OF COMMUNITY WOOD ENERGY 
SYSTEMS.—A community wood energy system ac-
quired with grant funds under the Program shall not 
exceed nameplate capacity of 10 megawatts of ther-
mal energy or combined thermal and electric energy. 
‘‘(2) FUNDING FOR INNOVATIVE WOOD PROD-
UCT
FACILITIES.—Not more than 25 percent of 
funds provided as grants under the Program for a 
fiscal year may go to applicants proposing innovative 
wood product facilities, unless the Secretary has re-
ceived an insufficient number of qualified proposals 
for community wood energy systems. 
‘‘(h) FUNDING.—There is authorized to be appro-
priated to carry out the Program $25,000,000 for each 
of fiscal years 2019 through 2023.’’. 
SEC. 8107. HEALTHY FORESTS RESTORATION ACT OF 2003 
AMENDMENTS. 
(a) HEALTHY FORESTS RESERVE PROGRAM.— 
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(1) ADDITIONAL PURPOSE OF PROGRAM.—Sec-
tion 501(a) of the Healthy Forests Restoration Act 
of 2003 (16 U.S.C. 6571(a)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (2); 
(B) by redesignating paragraph (3) as 
paragraph (4); and 
(C) by inserting after paragraph (2) the 
following new paragraph: 
‘‘(3) to conserve forest land that provides habi-
tat for species described in section 502(b)(1); and’’. 
(2) ELIGIBILITY
FOR
ENROLLMENT.—Sub-
section (b) of section 502 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6572) is amend-
ed to read as follows: 
‘‘(b) ELIGIBILITY.—To be eligible for enrollment in 
the healthy forests reserve program, land shall be private 
forest land, or private land being restored to forest land, 
the enrollment of which will maintain, restore, enhance, 
or otherwise measurably— 
‘‘(1) increase the likelihood of recovery of a spe-
cies that is listed as endangered or threatened under 
section 4 of the Endangered Species Act of 1973 (16 
U.S.C. 1533); or 
‘‘(2) improve the well-being of a species that— 
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‘‘(A) is— 
‘‘(i) not listed as endangered or 
threatened under such section; and 
‘‘(ii) a candidate for such listing, a 
State-listed species, or a special concern 
species; or 
‘‘(B) is deemed a species of greatest con-
servation need by a State wildlife action plan.’’. 
(3) OTHER ENROLLMENT CONSIDERATIONS.— 
Section 502(c) of the Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6572(c)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (1); 
(B) by redesignating paragraph (2) as 
paragraph (3); and 
(C) by inserting after paragraph (1) the 
following new paragraph: 
‘‘(2) conserve forest lands that provide habitat 
for species described in subsection (b)(1); and’’. 
(4) ELIMINATION OF LIMITATION ON USE OF 
EASEMENTS.—Section 502(e) of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6572(e)) is 
amended by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (2). 
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(5) ENROLLMENT OF ACREAGE OWNED BY AN 
INDIAN
TRIBE.—Section 
502(e)(2)(B) 
of 
the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6572(e)(3)(B)), as redesignated under paragraph 
(4), is amended by striking clauses (ii) and (iii) and 
inserting the following new clauses: 
‘‘(ii) a 10-year, cost-share agreement; 
‘‘(iii) a permanent easement; or 
‘‘(iv) any combination of the options 
described in clauses (i) through (iii).’’. 
(6) 
SPECIES-RELATED
ENROLLMENT
PRI-
ORITY.—Subparagraph (B) of section 502(f)(1) of 
the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6572(f)(1)) is amended to read as follows: 
‘‘(B) secondarily, species that— 
‘‘(i) are— 
‘‘(I) not listed as endangered or 
threatened under section 4 of the En-
dangered Species Act of 1973 (16 
U.S.C. 1533); and 
‘‘(II) candidates for such listing, 
State-listed species, or special concern 
species; or 
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‘‘(ii) are species of greatest conserva-
tion need, as identified in State wildlife ac-
tion plans.’’. 
(7) RESTORATION
PLANS.—Subsection (b) of 
section 503 of the Healthy Forests Restoration Act 
of 2003 (16 U.S.C. 6573) is amended to read as fol-
lows: 
‘‘(b) PRACTICES.—The restoration plan shall require 
such restoration practices and measures, as are necessary 
to restore and enhance habitat for species described in sec-
tion 502(b), including the following: 
‘‘(1) Land management practices. 
‘‘(2) Vegetative treatments. 
‘‘(3) Structural practices and measures. 
‘‘(4) Other practices and measures.’’. 
(8) FUNDING.—Section 508(b) of the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 
6578(b)) is amended— 
(A) in the subsection heading, by striking 
‘‘FISCAL YEARS 2014 THROUGH 2018’’ and in-
serting 
‘‘AUTHORIZATION
OF
APPROPRIA-
TIONS’’; and 
(B) by striking ‘‘2018’’ and inserting 
‘‘2023’’. 
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(9) TECHNICAL CORRECTION.—Section 503(a) 
of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6573(a)) is amended by striking ‘‘Secretary 
of Interior’’ and inserting ‘‘Secretary of the Inte-
rior’’. 
(b) INSECT AND DISEASE INFESTATION.— 
(1) TREATMENT OF AREAS.—Section 602(d)(1) 
of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591a(d)(1)) is amended by striking ‘‘sub-
section (b) to reduce the risk or extent of, or in-
crease the resilience to, insect or disease infestation 
in the areas.’’ and inserting the following: ‘‘sub-
section (b)— 
‘‘(A) to reduce the risk or extent of, or in-
crease the resilience to, insect or disease infes-
tation; or 
‘‘(B) to reduce hazardous fuels.’’. 
(2) 
PERMANENT
AUTHORITY.—Section 
602(d)(2) of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6591a(d)(2)) is amended by strik-
ing ‘‘for which a public notice to initiate scoping is 
issued on or before September 30, 2018,’’. 
(c) ADMINISTRATIVE REVIEW.— 
(1) 
CLARIFICATION
OF
TREATMENT
OF 
AREAS.—Section 603(a) of the Healthy Forests Res-
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487 
Subtitle B—Secure Rural Schools 
and Community Self-Determina-
tion Act of 2000 Amendments 
SEC. 8201. 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 Com-
munity Self-Determination Act of 2000 (16 U.S.C. 
7124(f)) is amended to read as follows: 
‘‘(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 under section 
102(d) by a participating county shall be available 
only for projects that— 
‘‘(A) include— 
‘‘(i) the sale of timber or other forest 
products; 
‘‘(ii) reduce fire risks; or 
‘‘(iii) 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 re-
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488 
served by a participating county whose boundaries 
include Federal land that the Secretary concerned 
determines has been subject to a timber or other for-
est products program within 5 fiscal years before the 
fiscal year in which the funds are reserved.’’. 
SEC. 8202. RESOURCE ADVISORY COMMITTEES. 
(a) RECOGNITION OF RESOURCE ADVISORY COMMIT-
TEES.—Section 205(a)(4) of the Secure Rural Schools 
and Community Self-Determination Act of 2000 (16 
U.S.C. 7125(a)(4)) is amended by striking ‘‘2018’’ each 
place it appears and inserting ‘‘2023’’. 
(b) REDUCTION IN COMPOSITION OF COMMITTEES.— 
Section 205(d) of the Secure Rural Schools and Commu-
nity Self-Determination Act of 2000 (16 U.S.C. 7125(d)) 
is amended— 
(1) in paragraph (1), by striking ‘‘15 members’’ 
and inserting ‘‘9 members’’; and 
(2) by striking ‘‘5 persons’’ each place it ap-
pears and inserting ‘‘3 persons’’. 
(c) EXPANDING LOCAL PARTICIPATION ON COMMIT-
TEES.—Section 205(d) of the Secure Rural Schools and 
Community Self-Determination Act of 2000 (16 U.S.C. 
7125(d)) is further amended— 
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(1) in paragraph (3), by inserting before the pe-
riod at the end the following: ‘‘, consistent with the 
requirements of paragraph (4)’’; and 
(2) by striking paragraph (4) and inserting the 
following new paragraph: 
‘‘(4) GEOGRAPHIC DISTRIBUTION.—The mem-
bers of a resource advisory committee shall reside 
within the county or counties in which the committee 
has jurisdiction, or an adjacent county.’’. 
(d) APPOINTMENT OF RESOURCE ADVISORY COM-
MITTEES BY APPLICABLE DESIGNEE.— 
(1) IN GENERAL.—Section 205 of the Secure 
Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7125) is further amended— 
(A) in subsection (a)— 
(i) in paragraph (1), by inserting ‘‘(or 
applicable designee)’’ after ‘‘The Secretary 
concerned’’; 
(ii) in paragraph (3), by inserting 
‘‘(or applicable designee)’’ after ‘‘the Sec-
retary concerned’’; and 
(iii) in paragraph (4), by inserting 
‘‘(or applicable designee)’’ after ‘‘the Sec-
retary concerned’’ both places it appears; 
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(B) in subsection (b)(6), by inserting ‘‘(or 
applicable designee)’’ after ‘‘the Secretary con-
cerned’’; 
(C) in subsection (c)— 
(i) in the subsection heading, by in-
serting ‘‘OR APPLICABLE DESIGNEE’’ after 
‘‘BY THE SECRETARY’’; 
(ii) in paragraph (1), by inserting 
‘‘(or applicable designee)’’ after ‘‘The Sec-
retary concerned’’ both places it appears; 
(iii) in paragraph (2), by inserting 
‘‘(or applicable designee)’’ after ‘‘The Sec-
retary concerned’’; 
(iv) in paragraph (4), by inserting 
‘‘(or applicable designee)’’ after ‘‘The Sec-
retary concerned’’; and 
(v) by adding at the end the following 
new paragraph: 
‘‘(6) APPLICABLE DESIGNEE.—In this section, 
the term ‘applicable designee’ means— 
‘‘(A) with respect to Federal land de-
scribed in section 3(7)(A), the applicable Re-
gional Forester; and 
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‘‘(B) with respect to Federal land de-
scribed in section 3(7)(B), the applicable Bu-
reau of Land Management State Director.’’; 
(D) in subsection (d)(3), by inserting ‘‘(or 
applicable designee)’’ after ‘‘the Secretary con-
cerned’’; and 
(E) in subsection (f)(1)— 
(i) by inserting ‘‘(or applicable des-
ignee)’’ after ‘‘the Secretary concerned’’; 
and 
(ii) by inserting ‘‘(or applicable des-
ignee)’’ after ‘‘of the Secretary’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
201(3) of the Secure Rural Schools and Community 
Self-Determination Act of 2000 (16 U.S.C. 7121(3)) 
is amended by inserting ‘‘(or applicable designee (as 
defined in section 205(c)(6)))’’ after ‘‘Secretary con-
cerned’’ both places it appears. 
SEC. 8203. PROGRAM FOR TITLE II SELF-SUSTAINING RE-
SOURCE ADVISORY COMMITTEE PROJECTS. 
(a) SELF-SUSTAINING RESOURCE ADVISORY COM-
MITTEE PROJECTS.—Title II of the Secure Rural Schools 
and Community Self-Determination Act of 2000 (16 
U.S.C. 7121 et seq.) is amended by adding at the end 
the following new section: 
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492 
‘‘SEC. 209. PROGRAM FOR SELF-SUSTAINING RESOURCE AD-
VISORY COMMITTEE PROJECTS. 
‘‘(a) RAC PROGRAM.—The Chief of the Forest Serv-
ice shall conduct a program (to be known as the ‘self-sus-
taining resource advisory committee program’ or ‘RAC 
program’) under which 10 resource advisory committees 
will propose projects authorized by subsection (c) to be 
carried out using project funds reserved by a participating 
county under section 102(d). 
‘‘(b) SELECTION OF PARTICIPATING RESOURCE AD-
VISORY COMMITTEES.—The selection of resource advisory 
committees to participate in the RAC program is in the 
sole discretion of the Chief of the Forest Service. 
‘‘(c) AUTHORIZED PROJECTS.—Notwithstanding the 
project purposes specified in sections 202(b), 203(c), and 
204(a)(5), projects under the RAC program are intended 
to— 
‘‘(1) accomplish forest management objectives 
or support community development; and 
‘‘(2) generate receipts. 
‘‘(d) DEPOSIT AND AVAILABILITY OF REVENUES.— 
Any revenue generated by a project conducted under the 
RAC program, including any interest accrued from the 
revenues, shall be— 
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‘‘(1) deposited in the special account in the 
Treasury established under section 102(d)(2)(A); 
and 
‘‘(2) available, in such amounts as may be pro-
vided in advance in appropriation Acts, for addi-
tional projects under the RAC program. 
‘‘(e) TERMINATION OF AUTHORITY.— 
‘‘(1) IN GENERAL.—The authority to initiate a 
project under the RAC program shall terminate on 
September 30, 2023. 
‘‘(2) DEPOSITS
IN
TREASURY.—Any funds 
available for projects under the RAC program and 
not obligated by September 30, 2024, shall be depos-
ited in the Treasury of the United States.’’. 
(b) EXCEPTION
TO GENERAL RULE REGARDING 
TREATMENT OF RECEIPTS.—Section 403(b) of the Secure 
Rural Schools and Community Self-Determination Act of 
2000 (16 U.S.C. 7153(b)) is amended by striking ‘‘All rev-
enues’’ and inserting ‘‘Except as provided in section 209, 
all revenues’’. 
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Subtitle C—Availability of Categor-
ical Exclusions To Expedite For-
est Management Activities 
PART I—GENERAL PROVISIONS 
SEC. 8301. DEFINITIONS. 
In this subtitle: 
(1) CATASTROPHIC EVENT.—The term ‘‘cata-
strophic event’’ means any natural disaster (such as 
hurricane, tornado, windstorm, snow or ice storm, 
rain storm, high water, wind-driven water, tidal 
wave, earthquake, volcanic eruption, landslide, 
mudslide, drought, or insect or disease outbreak) or 
any fire, flood, or explosion, regardless of cause. 
(2) COOS BAY WAGON ROAD GRANT LANDS.— 
The term ‘‘Coos Bay Wagon Road Grant lands’’ 
means the lands reconveyed to the United States 
pursuant to the first section of the Act of February 
26, 1919 (40 Stat. 1179). 
(3) FOREST
MANAGEMENT
ACTIVITY.—The 
term ‘‘forest management activity’’ means a project 
or activity carried out by the Secretary concerned on 
National Forest System lands or public lands con-
sistent with the forest plan covering the lands. 
(4) FOREST
PLAN.—The term ‘‘forest plan’’ 
means— 
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(A) a land use plan prepared by the Bu-
reau of Land Management for public lands pur-
suant to section 202 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 
1712); or 
(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 Re-
sources Planning Act of 1974 (16 U.S.C. 
1604). 
(5) NATIONAL
FOREST
SYSTEM.—The term 
‘‘National Forest System’’ has the meaning given 
that term in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609(a)). 
(6) OREGON AND CALIFORNIA RAILROAD GRANT 
LANDS.—The term ‘‘Oregon and California Railroad 
Grant lands’’ means the following lands: 
(A) All lands in the State of Oregon re-
vested in the United States under the Act of 
June 9, 1916 (39 Stat. 218), that are adminis-
tered by the Secretary of the Interior, acting 
through the Bureau of Land Management, pur-
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suant 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). 
(7) PUBLIC LANDS.—The term ‘‘public lands’’ 
has the meaning given that term in section 103 of 
the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702), except that the term in-
cludes Coos Bay Wagon Road Grant lands and Or-
egon and California Railroad Grant lands. 
(8) REFORESTATION ACTIVITY.—The term ‘‘re-
forestation activity’’ means a forest management ac-
tivity carried out by the Secretary concerned where 
the primary purpose is the reforestation of impacted 
lands following a catastrophic event. The term in-
cludes planting, evaluating and enhancing natural 
regeneration, clearing competing vegetation, and 
other activities related to reestablishment of forest 
species on the impacted lands. 
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(9) RESOURCE
ADVISORY
COMMITTEE.—The 
term ‘‘resource advisory committee’’ has the mean-
ing given that term in section 201 of the Secure 
Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7121). 
(10) SALVAGE OPERATION.—The term ‘‘salvage 
operation’’ means a forest management activity car-
ried out in response to a catastrophic event where 
the primary purpose is— 
(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-im-
pacted area; 
(B) to provide an opportunity for utiliza-
tion of forest materials damaged as a result of 
the catastrophic event; or 
(C) to provide a funding source for refor-
estation for the National Forest System lands 
or public lands impacted by the catastrophic 
event. 
(11) 
SECRETARY
CONCERNED.—The 
term 
‘‘Secretary concerned’’ means— 
(A) the Secretary of Agriculture, with re-
spect to National Forest System lands; and 
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(B) the Secretary of the Interior, with re-
spect to public lands. 
SEC. 8302. RULE OF APPLICATION FOR NATIONAL FOREST 
SYSTEM LANDS AND PUBLIC LANDS. 
Unless specifically provided by a provision of this sub-
title, the authorities provided by this subtitle do not apply 
with respect to any National Forest System lands or pub-
lic 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, un-
less— 
(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 of Agriculture deter-
mines the forest management activity is permis-
sible under the applicable roadless rule gov-
erning such lands; or 
(3) on which timber harvesting for any purpose 
is prohibited by Federal statute. 
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SEC. 8303. CONSULTATION UNDER THE ENDANGERED SPE-
CIES ACT. 
(a) NO CONSULTATION IF ACTION NOT LIKELY TO 
ADVERSELY AFFECT A LISTED SPECIES OR DESIGNATED 
CRITICAL HABITAT.—With respect to a forest manage-
ment activity carried out pursuant to this subtitle, con-
sultation under section 7 of the Endangered Species Act 
of 1973 (16 U.S.C. 1536) shall not be required if the Sec-
retary concerned determines that such forest management 
activity is not likely to adversely affect a listed species or 
designated critical habitat. 
(b) EXPEDITED CONSULTATION.—With respect to a 
forest management activity carried out pursuant to this 
subtitle, consultation required under section 7 of the En-
dangered Species Act of 1973 (16 U.S.C. 1536) shall be 
concluded within the 90-day period beginning on the date 
on which such consultation was requested by the Secretary 
concerned. 
SEC. 8304. SECRETARIAL DISCRETION IN THE CASE OF TWO 
OR MORE CATEGORICAL EXCLUSIONS. 
To the extent that a forest management activity may 
be categorically excluded under more than one of the sec-
tions of this subtitle, the Secretary concerned shall have 
full discretion to determine which categorical exclusion to 
use. 
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PART II—CATEGORICAL EXCLUSIONS 
SEC. 8311. CATEGORICAL EXCLUSION TO EXPEDITE CER-
TAIN CRITICAL RESPONSE ACTIONS. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
a category of actions hereby designated as being categori-
cally 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 category of 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; or 
(6) any combination of the purposes specified in 
paragraphs (1) through (5). 
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(c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
Secretary concerned may use the categorical exclusion es-
tablished under subsection (a) in accordance with this sec-
tion. 
(d) ACREAGE LIMITATIONS.—A forest management 
activity covered by the categorical exclusion established 
under subsection (a) may not contain treatment units ex-
ceeding a total of 6,000 acres. 
SEC. 8312. CATEGORICAL EXCLUSION TO EXPEDITE SAL-
VAGE OPERATIONS IN RESPONSE TO CATA-
STROPHIC EVENTS. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—Sal-
vage operations carried out by the Secretary concerned on 
National Forest System lands or public lands are a cat-
egory of actions hereby designated as being categorically 
excluded from the preparation of an environmental assess-
ment 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 es-
tablished under subsection (a) in accordance with this sec-
tion. 
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(c) ACREAGE LIMITATION.—A salvage operation cov-
ered by the categorical exclusion established under sub-
section (a) may not contain treatment units exceeding a 
total of 6,000 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, except that the Regional For-
ester, in the case of National Forest System lands, 
or the State Director of the Bureau of Land Man-
agement, in the case of public lands, may, on a case- 
by-case basis, waive the standards and guidelines. 
(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)), as part of a sal-
vage operation covered by the categorical exclusion 
established under subsection (a). 
SEC. 8313. CATEGORICAL EXCLUSION TO MEET FOREST 
PLAN GOALS FOR EARLY SUCCESSIONAL 
FORESTS. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
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a category of actions hereby designated as being categori-
cally 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 category of 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 improve, enhance, or create early suc-
cessional 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 es-
tablished under subsection (a) in accordance with this sec-
tion. 
(d) PROJECT GOALS.—To the maximum extent prac-
ticable, the Secretary concerned shall design a forest man-
agement activity under this section to meet early succes-
sional forest goals in such a manner so as to maximize 
production and regeneration of priority species, as identi-
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fied 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 ex-
ceeding a total of 6,000 acres. 
SEC. 8314. CATEGORICAL EXCLUSION FOR HAZARD TREES. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities carried out by the Secretary 
concerned to remove hazard trees for purposes of the pro-
tection 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 Environ-
mental 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 es-
tablished under subsection (a) in accordance with this sec-
tion. 
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SEC. 8315. CATEGORICAL EXCLUSION TO IMPROVE OR RE-
STORE NATIONAL FOREST SYSTEM LANDS OR 
PUBLIC LAND OR REDUCE THE RISK OF 
WILDFIRE. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
a category of actions hereby designated as being categori-
cally 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 category of 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 pur-
pose of such activity is to improve or restore such 
lands or reduce the risk of wildfire on those lands. 
(2) ACTIVITIES
AUTHORIZED.—The following 
forest management activities may be carried out 
pursuant to the categorical exclusion established 
under subsection (a): 
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(A) Removal of juniper trees, medusahead 
rye, conifer trees, pin˜on 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 man-
agement. 
(C) Creation of fuel and fire breaks. 
(D) Modification of existing fences in order 
to distribute livestock and help improve wildlife 
habitat. 
(E) Stream restoration and erosion con-
trol, including the 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. 
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(H) Use of herbicides, so long as the Sec-
retary 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 es-
tablished under subsection (a) in accordance with this sec-
tion. 
(d) ACREAGE LIMITATIONS.—A forest management 
activity covered by the categorical exclusion established 
under subsection (a) may not contain treatment units ex-
ceeding a total of 6,000 acres. 
(e) DEFINITIONS.—In this section: 
(1) HAZARDOUS
FUELS
MANAGEMENT.—The 
term ‘‘hazardous fuels management’’ means any 
vegetation management activities that reduce the 
risk of wildfire. 
(2) LATE-SEASON GRAZING.—The term ‘‘late- 
season grazing’’ means grazing activities that occur 
after both the invasive species and native perennial 
species have completed their current-year annual 
growth cycle until new plant growth begins to ap-
pear in the following year. 
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(3) 
TARGETED
LIVESTOCK
GRAZING.—The 
term ‘‘targeted livestock grazing’’ means grazing 
used for purposes of hazardous fuels management. 
SEC. 8316. CATEGORICAL EXCLUSION FOR FOREST RES-
TORATION. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
a category of actions hereby designated as being categori-
cally 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 category of forest 
management activities designated under this section 
for categorical exclusion are forest management ac-
tivities described in paragraph (2) that are carried 
out by the Secretary concerned on National Forest 
System lands or public lands where the primary pur-
pose of such activity is— 
(A) to improve forest health and resiliency 
to disturbances; 
(B) to reduce hazardous fuels; or 
(C) to improve wildlife and aquatic habitat. 
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(2) ACTIVITIES
AUTHORIZED.—The following 
forest management activities may be carried out 
pursuant the categorical exclusion established under 
subsection (a): 
(A) Timber harvests, including commercial 
and pre-commercial timber harvest, salvage har-
vest, and regeneration harvest. 
(B) Hazardous fuels reduction. 
(C) Prescribed burning. 
(D) Improvement or establishment of wild-
life and aquatic habitat. 
(E) Stream restoration and erosion con-
trol. 
(F) Road and trail decommissioning. 
(c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
Secretary concerned may use the categorical exclusion es-
tablished under subsection (a) in accordance with this sec-
tion. 
(d) ACREAGE LIMITATIONS.—A forest management 
activity covered by the categorical exclusion established 
under subsection (a) may not contain treatment units ex-
ceeding a total of 6,000 acres. 
(e) LIMITATIONS ON ROAD BUILDING.— 
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(1) PERMANENT ROADS.—A forest management 
activity covered by the categorical exclusion estab-
lished by subsection (a) may include— 
(A) the construction of permanent roads 
not to exceed 3 miles; and 
(B) the maintenance and reconstruction of 
existing permanent roads and trails, including 
the relocation of segments of existing roads and 
trails to address resource impacts. 
(2) TEMPORARY ROADS.—Any temporary road 
constructed for a forest management activity covered 
by the categorical exclusion established by subsection 
(a) shall be decommissioned not later than 3 years 
after the date on which the project is completed. 
SEC. 8317. CATEGORICAL EXCLUSION FOR INFRASTRUC-
TURE FOREST MANAGEMENT ACTIVITIES. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
a category of actions hereby designated as being categori-
cally 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 category of forest 
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management activities designated under this section for 
categorical exclusion are forest management activities car-
ried out by the Secretary of Agriculture on National For-
est System lands where the primary purpose of such activ-
ity is— 
(1) constructing, reconstructing, or decommis-
sioning National Forest System roads not exceeding 
3 miles; 
(2) adding an existing road to the forest trans-
portation system; 
(3) reclassifying a National Forest System road 
at a different maintenance level; 
(4) reconstructing, rehabilitating, or decommis-
sioning bridges; 
(5) removing dams; or 
(6) maintaining facilities through the use of 
pesticides as authorized by applicable Federal and 
State law and as applied in accordance with label in-
structions. 
(c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
Secretary of Agriculture may use the categorical exclusion 
established under subsection (a) in accordance with this 
section. 
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SEC. 8318. CATEGORICAL EXCLUSION FOR DEVELOPED 
RECREATION SITES. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
a category of actions hereby designated as being categori-
cally 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 category of forest 
management activities designated under this section 
for a categorical exclusion are forest management 
activities described in paragraph (2) carried out by 
the Secretary of Agriculture on National Forest Sys-
tem lands where the primary purpose of such activ-
ity is to operate, maintain, modify, reconstruct, or 
decommission existing developed recreation sites. 
(2) ACTIVITIES
AUTHORIZED.—The following 
forest management activities may be carried out 
pursuant to the categorical exclusion under sub-
section (a): 
(A) Constructing, modifying, or recon-
structing toilet or shower facilities. 
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(B) Constructing, modifying, or recon-
structing fishing piers, wildlife viewing plat-
forms, docks, or other constructed recreation 
sites or facilities. 
(C) Constructing, reconstructing, or main-
taining, parking areas, National Forest System 
roads, or National Forest System trails within 
or connecting to recreation sites, including pav-
ing and road and trail rerouting, except that— 
(i) 
permanent 
roads 
constructed 
under this section may not exceed 3 miles; 
and 
(ii) temporary roads constructed for 
projects covered by this section shall be de-
commissioned within 3 years of completion 
of the project. 
(D) Modifying or reconstructing existing 
water or waste disposal systems. 
(E) Constructing, modifying, or recon-
structing single or group use sites. 
(F) Decommissioning recreation facilities 
or portions of recreation facilities. 
(G) Decommissioning National Forest Sys-
tem roads or National Forest System trails not 
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exceeding 3 miles within or connecting to devel-
oped recreation sites. 
(H) Constructing, modifying, or recon-
structing boat landings. 
(I) Reconstructing existing ski lifts. 
(J) Modifying or reconstructing a recre-
ation lodging rental. 
(c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
Secretary of Agriculture may use the categorical exclusion 
established under subsection (a) in accordance with this 
section. 
SEC. 8319. CATEGORICAL EXCLUSION FOR ADMINISTRA-
TIVE SITES. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
a category of actions hereby designated as being categori-
cally 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 category of forest 
management activities designated under this section for 
a categorical exclusion are forest management activities 
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carried out by the Secretary of Agriculture on National 
Forest System lands where the primary purpose of such 
activity is to construct, reconstruct, maintain, decommis-
sion, relocate, or dispose of an administrative site. 
(c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
Secretary of Agriculture may use the categorical exclusion 
established under subsection (a) in accordance with this 
section. 
(d) LIMITATIONS.— 
(1) PERMANENT ROADS.—A project covered by 
the categorical exclusion established by subsection 
(a) may include— 
(A) the construction of permanent roads 
not to exceed 3 miles; and 
(B) the maintenance and reconstruction of 
existing permanent roads and trails, including 
the relocation of segments of existing roads and 
trails to address resource impacts. 
(2) TEMPORARY ROADS.—Any temporary road 
constructed for a project covered by the categorical 
exclusion established by subsection (a) shall be de-
commissioned not later than 3 years after the date 
on which the project is completed. 
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(3) PESTICIDES.—Pesticides may only be used 
to carry out a project covered by the categorical ex-
clusion established by subsection (a) as authorized 
by applicable Federal and State law and as applied 
in accordance with label instructions.″ 
(e) DEFINITION OF ADMINISTRATIVE SITE.—In this 
section, the term ‘‘administrative site’’ has the meaning 
given the term in section 502(1) of the Forest Service Fa-
cility Realignment and Enhancement Act of 2005 (16 
U.S.C. 580d note). 
SEC. 8320. CATEGORICAL EXCLUSION FOR SPECIAL USE AU-
THORIZATIONS. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
a category of actions hereby designated as being categori-
cally 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 category of forest 
management activities designated under this section for 
a categorical exclusion are forest management activities 
carried out by the Secretary of Agriculture on National 
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Forest System lands where the primary purpose of such 
activity is: 
(1) Issuance of a new special use authorization 
for an existing or expired special use authorization, 
without any substantial change in the scope and 
scale of the authorized use and occupancy when— 
(A) the issuance is a purely ministerial ac-
tion to account for administrative changes, such 
as a change in ownership or expiration of the 
current authorization; and 
(B) the applicant or holder is in compli-
ance with the terms and conditions of the exist-
ing or expired special use authorization. 
(2) Modification, removal, repair, maintenance, 
reconstruction, or replacement of a facility or im-
provement for an existing special use authorization. 
(3) Issuance of a new special use authorization 
or amendment to an existing special use authoriza-
tion for activities that will occur on existing roads, 
trails, facilities, or areas approved for use in a land 
management plan or other documented decision. 
(4) Approval, modification, or continuation of 
minor, short-term (5 years or less) special uses of 
National Forest System lands or public lands. 
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(5) Issuance of a special use authorization for 
an existing unauthorized use or occupancy that has 
not been deemed in trespass where no new ground 
disturbance is proposed. 
(6) Approval or modification of minor special 
uses of National Forest System lands or public lands 
that require less than 20 contiguous acres. 
(7) Approval of vegetative management plans, 
and vegetation management activities in accordance 
with an approved vegetation management plan, 
under a special use authorization for an electric 
transmission and distribution facility right-of-way. 
(c) AVAILABILITY OF EXCLUSION.—On and after the 
date of the enactment of this Act, the Secretary of Agri-
culture may use the categorical exclusion established 
under subsection (a) in accordance with this section. 
(d) DOCUMENT REQUIREMENTS.—The Secretary of 
Agriculture shall not be required to prepare a project file 
or decision memorandum to categorically exclude a forest 
management activity described under paragraphs (1) 
through (4) of subsection (b). 
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SEC. 8321. CLARIFICATION OF EXISTING CATEGORICAL EX-
CLUSION AUTHORITY RELATED TO INSECT 
AND DISEASE INFESTATION. 
Section 603(c)(2)(B) of the Healthy Forests Restora-
tion Act of 2003 (16 U.S.C. 6591b(c)(2)(B)) is amended 
by striking ‘‘Fire Regime Groups I, II, or III’’ and insert-
ing ‘‘Fire Regime I, Fire Regime II, Fire Regime III, Fire 
Regime IV, or Fire Regime V’’. 
PART III—MISCELLANEOUS FOREST 
MANAGEMENT ACTIVITIES 
SEC. 8331. GOOD NEIGHBOR AGREEMENTS. 
Section 8206 of the Agricultural Act of 2014 (16 
U.S.C. 2113a) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(B), by striking ‘‘Sec-
retary or a Governor’’ and inserting ‘‘Secretary, 
Governor, or Indian Tribe’’; 
(B) in paragraph (4) by striking ‘‘Sec-
retary and a Governor’’ and inserting ‘‘Sec-
retary and either a Governor or an Indian 
Tribe’’; 
(C) by redesignating paragraphs (6), (7), 
and (8) as paragraphs (7), (8), and (9), respec-
tively; and 
(D) by inserting after paragraph (5) the 
following new paragraph: 
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‘‘(6) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304));’’; and 
(2) in subsection (b)— 
(A) in paragraph (1)(A), by inserting ‘‘or 
an Indian Tribe’’ after ‘‘Governor’’; and 
(B) in paragraph (3), by inserting ‘‘or an 
Indian Tribe’’ after ‘‘Governor’’. 
SEC. 8332. PROMOTING CROSS-BOUNDARY WILDFIRE MITI-
GATION. 
Section 103 of the Healthy Forests Restoration Act 
of 2003 (16 U.S.C. 6513) is amended— 
(1) in subsection (d), by adding at the end the 
following new paragraph: 
‘‘(3) CROSS-BOUNDARY CONSIDERATIONS.—For 
any fiscal year for which the amount appropriated to 
the Secretary for hazardous fuels reduction is in ex-
cess of $300,000,000, the Secretary— 
‘‘(A) is encouraged to use the excess 
amounts for hazardous fuels reduction projects 
that incorporate cross-boundary treatments of 
landscapes on Federal land and non-Federal 
land; and 
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‘‘(B) may use the excess amounts to sup-
port authorized hazardous fuels reduction 
projects on non-Federal lands through grants to 
State Foresters, or equivalent State officials, in 
accordance with subsection (e) in an amount 
equal to the greater of— 
‘‘(i) 20 percent of the excess amount; 
and 
‘‘(ii) $20,000,000.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(e) 
CROSS-BOUNDARY
FUELS
REDUCTION 
PROJECTS.— 
‘‘(1) IN
GENERAL.—To the maximum extent 
practicable, the Secretary shall use the excess funds 
described in subsection (d)(3) to support hazardous 
fuels reduction projects that incorporate treatments 
for hazardous fuels reduction in landscapes across 
ownership boundaries on Federal, State, county, or 
Tribal land, private land, and other non-Federal 
land, particularly in areas identified as priorities in 
applicable State-wide forest resource assessments or 
strategies under section 2A(a) of the Cooperative 
Forestry Assistance Act of 1978 (16 U.S.C. 
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2101a(a)), as mutually agreed to by the State For-
ester and the Regional Forester. 
‘‘(2) LAND
TREATMENTS.—To conduct and 
fund treatments for projects that include Federal 
and non-Federal land, the Secretary may— 
‘‘(A) use the authorities of the Secretary 
relating to cooperation and technical and finan-
cial assistance, including the good neighbor au-
thority under— 
‘‘(i) section 8206 of the Agricultural 
Act of 2014 (16 U.S.C. 2113a); and 
‘‘(ii) section 331 of the Department of 
the Interior and Related Agencies Appro-
priations Act, 2001 (16 U.S.C. 1011 note; 
Public Law 106–291); and 
‘‘(B) allocate excess funds under sub-
section (d)(3) for projects carried out pursuant 
to section 8206 of the Agricultural Act of 2014 
(16 U.S.C. 2113a). 
‘‘(3) COOPERATION.—In carrying out this sub-
section, the State Forester, in consultation with the 
Secretary (or a designee)— 
‘‘(A) shall consult with the owners of 
State, county, Tribal, and private land and 
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other non-Federal land with respect to haz-
ardous fuels reduction projects; and 
‘‘(B) shall not implement any project on 
non-Federal land without the consent of the 
owner of the non-Federal land. 
‘‘(4) EXISTING LAWS.—Regardless of the indi-
vidual or entity implementing a project on non-Fed-
eral land under this subsection, only the laws and 
regulations that apply to non-Federal land shall be 
applicable with respect to the project.’’. 
SEC. 8333. REGULATIONS REGARDING DESIGNATION OF 
DEAD OR DYING TREES OF CERTAIN TREE 
SPECIES 
ON 
NATIONAL 
FOREST 
SYSTEM 
LANDS IN CALIFORNIA AS EXEMPT FROM 
PROHIBITION ON EXPORT OF UNPROCESSED 
TIMBER 
ORIGINATING 
FROM 
FEDERAL 
LANDS. 
(a) ISSUANCE OF REGULATIONS.—Consistent with 
the rulemaking procedures specified in paragraph (2) of 
subsection (b) of section 489 of the Forest Resources Con-
servation and Shortage Relief Act of 1990 (16 U.S.C. 
620a), the Secretary of Agriculture shall make a deter-
mination under paragraph (1) of such subsection that un-
processed timber derived from dead or dying trees of a 
covered tree species originating on National Forest Sys-
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tem lands in the State of California are surplus to domes-
tic manufacturing needs and therefore exempt from the 
export prohibition contained in subsection (a) of such sec-
tion. 
(b) ELIMINATION OF ADVERSE EFFECTS.—In mak-
ing the determination under subsection (a) and in imple-
menting any regulations issued under such subsection, the 
Secretary of Agriculture shall— 
(1) consult with representatives of sawmills in 
the State of California and other interested persons; 
and 
(2) make reasonable efforts to avoid adversely 
impacting the domestic sawmill industry in the State 
of California. 
(c) SPECIAL CONTRACT PROVISIONS.—The Secretary 
of Agriculture may adjust contract provisions for Forest 
Service contracts in region 5 of the National Forest Sys-
tem as the Secretary considers appropriate to ensure suc-
cessful implementation of, and compliance with, the regu-
lations issued under subsection (a). 
(d) RELATION TO LIMITATIONS ON TIMBER SUBSTI-
TUTION.—Section 490 of the Forest Resources Conserva-
tion and Shortage Relief Act of 1990 (16 U.S.C. 620b) 
shall not apply to unprocessed timber designated as sur-
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plus pursuant to the regulations issued under subsection 
(a). 
(e) ADDITIONAL STAFF
FOR IMPLEMENTATION.— 
Using funds otherwise available to the Forest Service for 
management, protection, improvement, and utilization of 
the National Forest System, the Secretary of Agriculture 
may hire additional Forest Service employees to imple-
ment the regulations issued under subsection (a). 
(f) DURATION
OF REGULATIONS; PERIODIC RE-
VIEW.—The regulations issued under subsection (a) shall 
remain in effect for a 10-year period beginning on the date 
of the issuance of the regulations, except that the contin-
ued need for the regulations shall be subject to the peri-
odic review required by the second sentence of section 
489(b)(2) of the Forest Resources Conservation and 
Shortage Relief Act of 1990 (16 U.S.C. 620a(b)(2)). 
(g) DEFINITIONS.—In this section: 
(1) COVERED TREE SPECIES.—The term ‘‘cov-
ered tree species’’ means the following pine species: 
(A) Ponderosa pine (Pinus ponderosa). 
(B) Sugar pine (Pinus lambertiana). 
(C) Jeffrey pine (Pinus jefferyi). 
(D) Lodgepole pine (Pinus contorta). 
(2) DIED
OR
DYING.—The term ‘‘died or 
dying’’, with respect to a covered tree species, shall 
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be determined in a manner consistent with applica-
ble Forest Service standards. 
Subtitle D—Tribal Forestry 
Participation and Protection 
SEC. 8401. PROTECTION OF TRIBAL FOREST ASSETS 
THROUGH USE OF STEWARDSHIP END RE-
SULT CONTRACTING AND OTHER AUTHORI-
TIES. 
(a) PROMPT
CONSIDERATION
OF
TRIBAL
RE-
QUESTS.—Section 2(b) of the Tribal Forest Protection 
Act of 2004 (25 U.S.C. 3115a(b)) is amended— 
(1) in paragraph (1), by striking ‘‘Not later 
than 120 days after the date on which an Indian 
tribe submits to the Secretary’’ and inserting ‘‘In re-
sponse to the submission by an Indian Tribe of’’; 
and 
(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— 
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‘‘(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 Sec-
retary received the request. 
‘‘(C) COMPLETION.—Not later than 2 
years after the date on which the Secretary re-
ceives a Tribal request under paragraph (1), 
other than a Tribal request denied under sub-
section (d), the Secretary shall— 
‘‘(i) complete all environmental re-
views necessary in connection with the 
agreement or contract and proposed activi-
ties under the agreement or contract; and 
‘‘(ii) enter into the agreement or con-
tract with the Indian Tribe under para-
graph (2).’’. 
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(b) CONFORMING AND TECHNICAL AMENDMENTS.— 
Section 2 of the Tribal Forest Protection Act of 2004 (25 
U.S.C. 3115a) is amended— 
(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 note; Public Law 105–277) (as amend-
ed by section 323 of the Department of the Interior 
and Related Agencies Appropriations Act, 2003 (117 
Stat. 275))’’ and inserting ‘‘section 604 of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6591c)’’; and 
(2) in subsection (d), by striking ‘‘subsection 
(b)(1), the Secretary may’’ and inserting ‘‘para-
graphs (1) and (4)(B) of subsection (b), the Sec-
retary shall’’. 
SEC. 8402. MANAGEMENT OF INDIAN FOREST LAND AU-
THORIZED 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) is amended by adding 
at the end the following new subsection: 
‘‘(c) INCLUSION
OF CERTAIN NATIONAL FOREST 
SYSTEM LAND AND PUBLIC LAND.— 
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‘‘(1) AUTHORITY.—At the request of an Indian 
Tribe, the Secretary concerned may agree to treat 
Federal forest land as Indian forest land for pur-
poses of planning and conducting forest land man-
agement activities under this section if the Federal 
forest land is located within, or mostly within, a geo-
graphic area that presents a feature or involves cir-
cumstances 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 home-
lands. 
‘‘(2) REQUIREMENTS.—As part of the agree-
ment 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 con-
cerned may limit or prohibit such access as 
needed; 
‘‘(B) continue sharing revenue generated 
by the Federal forest land with State and local 
governments either— 
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‘‘(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 rev-
enue-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 com-
mencement of Tribal management activities; 
‘‘(E) ensure that all commercial timber re-
moved 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 wild-
life. 
‘‘(3) LIMITATION.—Treating Federal forest 
land as Indian forest land for purposes of planning 
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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’ means— 
‘‘(i) National Forest System lands; 
and 
‘‘(ii) public lands (as defined in sec-
tion 103(e) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 
1702(e))), including Coos Bay Wagon 
Road Grant lands reconveyed to the 
United States pursuant to the first section 
of the Act of February 26, 1919 (40 Stat. 
1179), and Oregon and California Railroad 
Grant lands. 
‘‘(B) SECRETARY CONCERNED.—The term 
‘Secretary concerned’ means— 
‘‘(i) the Secretary of Agriculture, with 
respect to the Federal forest land referred 
to in subparagraph (A)(i); and 
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‘‘(ii) the Secretary of the Interior, 
with respect to the Federal forest land re-
ferred to in subparagraph (A)(ii).’’. 
SEC. 8403. TRIBAL FOREST MANAGEMENT DEMONSTRA-
TION PROJECT. 
The Secretary of the Interior and the Secretary of 
Agriculture may carry out demonstration projects by 
which federally recognized Indian Tribes or Tribal organi-
zations may contract to perform administrative, manage-
ment, and other functions of programs of the Tribal For-
est Protection Act of 2004 (25 U.S.C. 3115a et seq.) 
through contracts entered into under the Indian Self-De-
termination and Education Assistance Act (25 U.S.C. 
5304 et seq.). 
Subtitle E—Other Matters 
SEC. 8501. CLARIFICATION OF RESEARCH AND DEVELOP-
MENT PROGRAM FOR WOOD BUILDING CON-
STRUCTION. 
(a) IN GENERAL.—The Secretary shall conduct per-
formance-driven research and development, education, and 
technical assistance for the purpose of facilitating the use 
of innovative wood products in wood building construction 
in the United States. 
(b) ACTIVITIES.—In carrying out subsection (a), the 
Secretary shall— 
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(1) after receipt of input and guidance from, 
and collaboration with, the wood products industry, 
conservation organizations, and institutions of high-
er education, conduct research and development, 
education, and technical assistance that meets meas-
urable performance goals for the achievement of the 
priorities described in subsection (c); and 
(2) after coordination and collaboration with 
the wood products industry and conservation organi-
zations, make competitive grants to institutions of 
higher education to conduct research and develop-
ment, education, and technical assistance that meets 
measurable performance goals for the achievement 
of the priorities described in subsection (c). 
(c) PRIORITIES.—The research and development, 
education, and technical assistance conducted under sub-
section (a) shall give priority to— 
(1) ways to improve the commercialization of 
innovative wood products; 
(2) analyzing the safety of tall wood building 
materials; 
(3) calculations by the Secretary of the life 
cycle environmental footprint, from extraction of raw 
materials through the manufacturing process, of tall 
wood building construction; 
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(4) analyzing methods to reduce the life cycle 
environmental footprint of tall wood building con-
struction; 
(5) analyzing the potential implications of the 
use of innovative wood products in building con-
struction on wildlife; and 
(6) one or more other research areas identified 
by the Secretary, in consultation with conservation 
organizations, institutions of higher education, and 
the wood products industry. 
(d) TIMEFRAME.—To the maximum extent prac-
ticable, the measurable performance goals for the research 
and development, education, and technical assistance con-
ducted under subsection (a) shall be achievable within a 
5-year period. 
(e) DEFINITIONS.—In this section: 
(1) INNOVATIVE
WOOD
PRODUCT.—The term 
‘‘innovative wood product’’ means a type of building 
component or system that uses large panelized wood 
construction, including mass timber. 
(2) MASS TIMBER.—The term ‘‘mass timber’’ 
includes— 
(A) cross-laminated timber; 
(B) nail-laminated timber; 
(C) glue-laminated timber; 
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(D) laminated strand lumber; and 
(E) laminated veneer lumber. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture, acting through the Re-
search and Development deputy area and the State 
and Private Forestry deputy area of the Forest 
Service. 
(4) TALL
WOOD
BUILDING.—The term ‘‘tall 
wood building’’ means a building designed to be— 
(A) constructed with mass timber; and 
(B) more than 85 feet in height. 
SEC. 
8502. 
UTILITY 
INFRASTRUCTURE 
RIGHTS-OF-WAY 
VEGETATION 
MANAGEMENT 
PILOT 
PRO-
GRAM. 
(a) PILOT
PROGRAM
REQUIRED.—To encourage 
owners or operators of rights-of-way on National Forest 
System land to partner with the Forest Service to volun-
tarily perform vegetation management on a proactive basis 
to better protect utility infrastructure from potential pass-
ing wildfires, the Secretary shall conduct a limited, vol-
untary pilot program, in the manner described in this sec-
tion, to permit vegetation management projects on Na-
tional Forest System land adjacent to or near such rights- 
of-way. 
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(b) ELIGIBLE PARTICIPANTS.—A participant in the 
pilot program must have a right-of-way on National For-
est System land. In selecting participants, the Secretary 
shall give priority to holders of a right-of-way who have 
worked with Forest Service fire scientists and used tech-
nologies, such as Light Detection and Ranging surveys, 
to improve utility infrastructure protection prescriptions. 
(c) PROJECT ELEMENTS.—A vegetation management 
project under the pilot program involves limited and selec-
tive vegetation management activities, which— 
(1) shall create the least amount of disturbance 
reasonably necessary to protect utility infrastructure 
from passing wildfires based on applicable models, 
including Forest Service fuel models; 
(2) may include thinning, fuel reduction, cre-
ation and treatment of shaded fuel breaks, and other 
measures as appropriate; 
(3) shall only take place adjacent to the partici-
pant’s right-of-way or within 75 feet of the partici-
pant’s right-of-way; 
(4) shall not take place in any designated wil-
derness area, wilderness study area, or inventoried 
roadless area; and 
(5) shall be subject to approval by the Forest 
Service in accordance with this section. 
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(d) PROJECT COSTS.—A participant in the pilot pro-
gram shall be responsible for all costs, as determined by 
the Secretary, incurred in participating in the pilot pro-
gram, unless the Secretary determines that it is in the 
public interest for the Forest Service to contribute funds 
for a vegetation management project conducted under the 
pilot program. 
(e) LIABILITY.— 
(1) IN
GENERAL.—Participation in the pilot 
program does not affect any existing legal obliga-
tions or liability standards that— 
(A) arise under the right-of-way for activi-
ties in the right-of-way; or 
(B) apply to fires resulting from causes 
other than activities conducted pursuant to an 
approved vegetation management project. 
(2) PROJECT WORK.—A participant shall not be 
liable to the United States for damage proximately 
caused by activities conducted pursuant to an ap-
proved vegetation management project unless— 
(A) such activities were carried out in a 
manner that was grossly negligent or that vio-
lated criminal law; or 
(B) the damage was caused by the failure 
of the participant to comply with specific safety 
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requirements expressly imposed by the Forest 
Service as a condition of participating in the 
pilot program. 
(f) IMPLEMENTATION.—The Secretary shall utilize 
existing laws and regulations in the conduct of the pilot 
program and, in order to implement the pilot program in 
an efficient and expeditious manner, may waive or modify 
specific provisions of the Federal Acquisition Regulation, 
including modifications to allow for formation of contracts 
or agreements on a noncompetitive basis. 
(g) TREATMENT
OF PROCEEDS.—Notwithstanding 
any other provision of law, the Secretary may— 
(1) retain any funds provided to the Forest 
Service by a participant in the pilot program; and 
(2) use such funds, in such amounts as may be 
appropriated, in the conduct of the pilot program. 
(h) DEFINITIONS.—In this section: 
(1) NATIONAL
FOREST
SYSTEM
LAND.—The 
term ‘‘National Forest System land’’ means land 
within the National Forest System, as defined in 
section 11(a) of the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 U.S.C. 
1609(a)) exclusive of the National Grasslands and 
land utilization projects designated as National 
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Grasslands administered pursuant to the Act of July 
22, 1937 (7 U.S.C. 1010–1012). 
(2) PASSING
WILDFIRE.—The term ‘‘passing 
wildfire’’ means a wildfire that originates outside the 
right-of-way. 
(3) RIGHT-OF-WAY.—The term ‘‘right-of-way’’ 
means a special use authorization issued by the For-
est Service allowing the placement of utility infra-
structure. 
(4) UTILITY
INFRASTRUCTURE.—The term 
‘‘utility infrastructure’’ means electric transmission 
lines, natural gas infrastructure, or related struc-
tures. 
(i) DURATION.—The authority to conduct the pilot 
program, and any vegetation management project under 
the pilot program, expires December 21, 2027. 
(j) REPORT TO CONGRESS.—Not later than Decem-
ber 31, 2019, and every two years thereafter, the Sec-
retary shall issue a report to the Committee on Energy 
and Natural Resources of the Senate, the Committee on 
Agriculture, Nutrition, and Forestry of the Senate, the 
Committee on Natural Resources of the House of Rep-
resentatives, and the Committee on Agriculture of the 
House of Representatives on the status of the program 
and any projects established under this section. 
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SEC. 8503. REVISION OF EXTRAORDINARY CIRCUMSTANCES 
REGULATIONS. 
(a) DETERMINATIONS
OF
EXTRAORDINARY
CIR-
CUMSTANCES.—In determining whether extraordinary cir-
cumstances related to a proposed action preclude use of 
a categorical exclusion, the Forest Service shall not be re-
quired 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 pro-
posed action’s cumulative impact (as the term is de-
fined 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) that a proposed action may affect, but is not 
likely to adversely affect, threatened, endangered, or 
candidate species, or designated critical habitats; or 
(5) consider a determination under section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 
1536) that a proposed action may affect, and is like-
ly to adversely affect threatened, endangered, can-
didate species, or designated critical habitat if the 
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541 
agency is in compliance with the applicable provi-
sions of the biological opinion. 
(b) PROPOSED RULEMAKING.—Not later than 60 
days after the date of the enactment of this Act, the Sec-
retary 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 sub-
section (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 the enactment of this Act, the Secretary 
of Agriculture shall issue final regulations to carry out the 
revisions described in subsections (b) and (c). 
SEC. 8504. NO LOSS OF FUNDS FOR WILDFIRE SUPPRES-
SION. 
Nothing in this title or the amendments made by this 
title may be construed to limit from the availability of 
funds or other resources for wildfire suppression. 
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SEC. 8505. TECHNICAL CORRECTIONS. 
(a) WILDFIRE SUPPRESSION FUNDING AND FOREST 
MANAGEMENT ACTIVITIES ACT.— 
(1) IN
GENERAL.—The Wildfire Suppression 
Funding and Forest Management Activities Act 
(Public Law 115–141) is amended— 
(A) in section 102(a)(2), by striking ‘‘the 
date of enactment’’ and inserting ‘‘the date of 
the enactment’’; and 
(B) in section 401(a)(1), by inserting ‘‘of 
2000’’ after ‘‘Self-Determination’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect as if enacted as 
part of the Wildfire Suppression Funding and For-
est Management Activities Act (Public Law 115– 
141). 
(b) AGRICULTURAL ACT OF 2014.—Section 8206(a) 
of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is 
amended— 
(1) in paragraph (3)(B)(i)(II), by striking 
‘‘Good Neighbor Authority Improvement Act’’ and 
inserting ‘‘Wildfire Suppression Funding and Forest 
Management Activities Act’’; and 
(2) in paragraph (7), as redesignated by section 
8331, by striking ‘‘Good Neighbor Authority Im-
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provement Act’’ and inserting ‘‘Wildfire Suppression 
Funding and Forest Management Activities Act’’. 
TITLE IX—HORTICULTURE 
Subtitle A—Horticulture Marketing 
and Information 
SEC. 9001. SPECIALTY CROPS MARKET NEWS ALLOCATION. 
Section 10107(b) of the Food, Conservation, and En-
ergy Act of 2008 (7 U.S.C. 1622b(b)) is amended by strik-
ing ‘‘2018’’ and inserting ‘‘2023’’. 
SEC. 9002. FARMERS’ MARKET AND LOCAL FOOD PRO-
MOTION PROGRAM. 
Section 6(g) of the Farmer-to-Consumer Direct Mar-
keting Act of 1976 (7 U.S.C. 3005(g)) is amended— 
(1) in paragraph (3), by striking ‘‘this section’’ 
and all that follows through ‘‘2018.’’ and inserting 
the following: ‘‘this section— 
‘‘(A) $10,000,000 for each of fiscal years 
2014 through 2018; and 
‘‘(B) $30,000,000 for each of fiscal years 
2019 through 2023.’’; 
(2) by striking paragraph (2); and 
(3) by redesignating paragraphs (3), (4), (5), 
and (6) as paragraphs (2), (3), (4), and (5), respec-
tively. 
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SEC. 9003. FOOD SAFETY EDUCATION INITIATIVES. 
Section 10105(c) of the Food, Conservation, and En-
ergy Act of 2008 (7 U.S.C. 7655a(c)) is amended by strik-
ing ‘‘2018’’ and inserting ‘‘2023’’. 
SEC. 9004. SPECIALTY CROP BLOCK GRANTS. 
Section 101 of the Specialty Crops Competitiveness 
Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465) 
is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘2018’’ and inserting 
‘‘2023’’; and 
(B) by striking ‘‘agriculture solely to en-
hance the competitiveness of specialty crops.’’ 
and inserting the following: ‘‘agriculture to— 
‘‘(1) enhance the competitiveness of specialty 
crops; 
‘‘(2) leverage efforts to market and promote 
specialty crops; 
‘‘(3) assist producers with research and devel-
opment; 
‘‘(4) expand availability and access to specialty 
crops; 
‘‘(5) address local, regional, and national chal-
lenges confronting specialty crop producers; and 
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‘‘(6) other priorities as determined by the Sec-
retary in consultation with relevant State depart-
ments of agriculture.’’; 
(2) in subsection (k), by adding at the end the 
following new paragraph: 
‘‘(3) EVALUATION
OF
PERFORMANCE.—The 
Secretary shall enter into a cooperative agreement 
with relevant State departments of agriculture and 
specialty crop industry stakeholders that agree to— 
‘‘(A) develop, in consultation with the Sec-
retary, performance measures to be used as the 
sole means for performing an evaluation under 
subparagraph (B); and 
‘‘(B) periodically evaluate the performance 
of the program established under this section.’’; 
and 
(3) in subsection (l)(2)(E), by striking ‘‘fiscal 
year 2018’’ and inserting ‘‘each of fiscal years 2018 
through 2023’’. 
SEC. 9005. AMENDMENTS TO THE PLANT VARIETY PROTEC-
TION ACT. 
(a) ASEXUALLY REPRODUCED DEFINED.—Section 
41(a) of the Plant Variety Protection Act (7 U.S.C. 
2401(a)) is amended— 
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(1) by redesignating paragraphs (1), (2), (3), 
(4), (5), (6), (7), (8), and (9) as paragraphs (2), 
(3), (4), (5), (6), (7), (8), (9), and (10), respectively; 
and 
(2) by inserting before paragraph (2), as so re-
designated, the following new paragraph: 
‘‘(1) ASEXUALLY
REPRODUCED.—The term 
‘asexually reproduced’ means produced by a method 
of plant propagation using vegetative material (other 
than seed) from a single parent, including cuttings, 
grafting, tissue culture, and propagation by root di-
vision.’’. 
(b) RIGHT TO PLANT VARIETY PROTECTION; PLANT 
VARIETIES PROTECTABLE.—Section 42(a) of the Plant 
Variety Protection Act (7 U.S.C. 2402(a)) is amended by 
striking ‘‘or tuber propagated’’ and inserting ‘‘, tuber 
propagated, or asexually reproduced’’. 
(c) INFRINGEMENT
OF PLANT VARIETY PROTEC-
TION.—Section 111(a)(3) of the Plant Variety Protection 
Act (7 U.S.C. 2541(a)(3)) is amended by inserting ‘‘or 
asexually’’ after ‘‘sexually’’. 
(d) FALSE MARKETING; CEASE AND DESIST OR-
DERS.—Section 128(a) of the Plant Variety Protection 
Act (7 U.S.C. 2568(a)) is amended by inserting ‘‘or 
asexually’’ after ‘‘sexually’’. 
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547 
SEC. 9006. ORGANIC PROGRAMS. 
(a) ADDITIONAL ACCREDITATION AUTHORITY.—Sec-
tion 2115 of the Organic Foods Production Act of 1990 
(7 U.S.C. 6514) is amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) SATELLITE OFFICES
AND OVERSEAS OPER-
ATIONS.—The Secretary— 
‘‘(1) has oversight and approval authority with 
respect to a certifying agent accredited under this 
section who is operating as a certifying agent in a 
foreign country for the purpose of certifying a farm 
or handling operation in such foreign country as a 
certified organic farm or handling operation; and 
‘‘(2) shall require that each certifying agent 
that intends to operate in any foreign country as de-
scribed in paragraph (1) is authorized by the Sec-
retary to so operate an annual basis.’’. 
(b) NATIONAL LIST OF APPROVED AND PROHIBITED 
SUBSTANCES FOR ORGANIC FARMING OR HANDLING OP-
ERATIONS.—Section 2118(d) of the Organic Foods Pro-
duction Act of 1990 (7 U.S.C. 6517(d)) is amended by 
adding at the end the following new paragraph: 
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548 
‘‘(7) EXPEDITED
PETITIONS
FOR
NATIONAL 
LIST SUBSTANCES RELATED TO FOOD SAFETY.—The 
Secretary shall develop— 
‘‘(A) expedited procedures for petitions 
seeking to add crop protection and post-harvest 
handling substances, or a class of such sub-
stances, related to food safety for placement on 
the National List; and 
‘‘(B) emergency procedures for designating 
substances described in subparagraph (A) for 
placement on the National List in the event of 
a threat to crop or human safety that cannot 
be addressed with listed substances for a period 
not to exceed 12 months.’’. 
(c) CERTAIN EMPLOYEES ELIGIBLE TO SERVE AS 
NATIONAL ORGANICS STANDARDS BOARD MEMBERS.— 
Section 2119(b) of the Organic Foods Production Act of 
1990 (7 U.S.C. 6518(b)) is amended— 
(1) in paragraph (1), by inserting ‘‘, or employ-
ees of such individuals’’ after ‘‘operation’’; 
(2) in paragraph (2), by inserting ‘‘, or employ-
ees of such individuals’’ after ‘‘operation’’; and 
(3) in paragraph (3), by inserting ‘‘, or an em-
ployee of such individual’’ after ‘‘products’’. 
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549 
(d) NATIONAL ORGANIC STANDARDS BOARD CON-
SULTATION REQUIREMENTS.—Section 2119(l) of the Or-
ganic Foods Production Act of 1990 (7 U.S.C. 6518(l)) 
is amended— 
(1) in paragraph (2), by striking ‘‘; and’’ at the 
end and inserting a semicolon; 
(2) in paragraph (3)— 
(A) by striking ‘‘and the evaluation of the 
technical advisory panel’’ and inserting ‘‘, the 
evaluation of the technical advisory panel, and 
the determinations of the task force required 
under paragraph (4)’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) in the case of a substance not included in 
the National List that the Commissioner of Food 
and Drugs has determined to be safe for use within 
the meaning of section 201(s) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 321(s)) or the 
Administrator of the Environmental Protection 
Agency has determined there is a reasonable cer-
tainty that no harm will result from aggregate expo-
sure to the pesticide chemical residue, including all 
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anticipated dietary exposures and all other exposures 
for which there is reliable information, convene a 
task force to consult with the Commissioner or Ad-
ministrator (or the designees thereof), as applicable, 
to determine if such substance should be included in 
the National List.’’. 
(e) RECORDKEEPING, INVESTIGATION, AND
EN-
FORCEMENT.— 
(1) COLLABORATIVE INVESTIGATIONS AND EN-
FORCEMENT.—Section 2120 of the Organic Foods 
Production Act of 1990 (7 U.S.C. 6519) is amended 
by adding at the end the following new subsection: 
‘‘(d) COLLABORATIVE INVESTIGATIONS
AND EN-
FORCEMENT.— 
‘‘(1) INFORMATION
SHARING
DURING
ACTIVE 
INVESTIGATION.—In carrying out this title, all par-
ties to an active investigation (including certifying 
agents, State organic certification programs, and the 
national organic program) may share confidential 
business information with Federal and State govern-
ment officers and employees and certifying agents 
involved in the investigation as necessary to fully in-
vestigate and enforce potential violations of this title. 
‘‘(2) ACCESS TO DATA DOCUMENTATION SYS-
TEMS.—The Secretary shall have access to available 
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551 
data from cross-border documentation systems ad-
ministered by other Federal agencies, including— 
‘‘(A) the Automated Commercial Environ-
ment system of the U.S. Customs and Border 
Protection; and 
‘‘(B) 
the 
Phytosanitary 
Certificate 
Issuance and Tracking system of the Animal 
and Plant Health Inspection Service. 
‘‘(3) 
ADDITIONAL
DOCUMENTATION
AND 
VERIFICATION.—The Secretary, acting through the 
Deputy Administrator of the national organic pro-
gram under this title, has the authority, and shall 
grant an accredited certifying agent the authority, to 
require producers and handlers to provide additional 
documentation or verification before granting certifi-
cation under section 2104, in the case of a known 
area of risk or when there is a specific area of con-
cern, with respect to meeting the national standards 
for organic production established under section 
2105, as determined by the Secretary or the certi-
fying agent.’’. 
(2) MODIFICATION
OF
REGULATIONS
ON
EX-
CLUSIONS FROM CERTIFICATION.—Not later than 1 
year after the date of the enactment of this Act, the 
Secretary of Agriculture shall issue regulations to 
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limit the type of operations that are excluded from 
certification under section 205.101 of title 7, Code 
of Federal Regulations (or a successor regulation). 
(f) REPORTING REQUIREMENT.—Section 2122 of the 
Organic Foods Production Act of 1990 (7 U.S.C. 6521) 
is amended by adding at the end the following new sub-
section: 
‘‘(c) REPORTING REQUIREMENT.—Not later than 
March 1, 2019, and annually thereafter through March 
1, 2023, the Secretary shall submit to Congress a report 
describing national organic program activities with respect 
to all domestic and overseas investigations and compliance 
actions taken pursuant to this title during the preceding 
year.’’. 
(g) AUTHORIZATION OF APPROPRIATIONS FOR NA-
TIONAL ORGANIC PROGRAM.—Subsection (b) of section 
2123 of the Organic Foods Production Act of 1990 (7 
U.S.C. 6522) is amended to read as follows: 
‘‘(b) 
NATIONAL
ORGANIC
PROGRAM.—Notwith-
standing any other provision of law, in order to carry out 
activities under the national organic program established 
under this title, there are authorized to be appropriated— 
‘‘(1) $15,000,000 for fiscal year 2018; 
‘‘(2) $16,500,000 for fiscal year 2019; 
‘‘(3) $18,000,000 for fiscal year 2020; 
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553 
‘‘(4) $20,000,000 for fiscal year 2021; 
‘‘(5) $22,000,000 for fiscal year 2022; and 
‘‘(6) $24,000,000 for fiscal year 2023.’’. 
(h) INTERNATIONAL TRADE TECHNOLOGY SYSTEMS 
AND DATA COLLECTION.—Subsection (c) of section 2123 
of the Organic Foods Production Act of 1990 (7 U.S.C. 
6522) is amended to read as follows: 
‘‘(c) MODERNIZATION AND IMPROVEMENT OF INTER-
NATIONAL TRADE TECHNOLOGY SYSTEMS
AND DATA 
COLLECTION.— 
‘‘(1) IN GENERAL.—The Secretary shall mod-
ernize international trade tracking and data collec-
tion systems of the national organic program. 
‘‘(2) ACTIVITIES.—In carrying out paragraph 
(1), the Secretary shall modernize trade and trans-
action certificates to ensure full traceability without 
unduly hindering trade, such as through an elec-
tronic trade document exchange system. 
‘‘(3) FUNDING.—Of the funds of the Com-
modity Credit Corporation, the Secretary shall make 
available $5,000,000 for fiscal year 2019 for the 
purposes of— 
‘‘(A) carrying out this subsection; and 
‘‘(B) maintaining the database and tech-
nology upgrades previously carried out under 
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554 
this subsection, as in effect on the day before 
the date of the enactment of the Agriculture 
and Nutrition Act of 2018. 
‘‘(4) AVAILABILITY.—The amounts made avail-
able under paragraph (3) are in addition to any 
other funds made available for the purposes speci-
fied in such paragraph and shall remain available 
until expended.’’. 
(i) ORGANIC PRODUCTION AND MARKET DATA INI-
TIATIVES.—Section 7407(d) of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 5925c(d)) is 
amended— 
(1) by striking paragraphs (1) and (2) and in-
serting the following new paragraph: 
‘‘(1) MANDATORY FUNDING FOR FISCAL YEAR 
2019.—Of the funds of the Commodity Credit Cor-
poration, the Secretary shall use to carry out this 
section $5,000,000 for fiscal year 2019, to remain 
available until expended.’’; 
(2) in paragraph (3)— 
(A) by striking ‘‘paragraphs (1) and (2)’’ 
and inserting ‘‘paragraph (1)’’; and 
(B) by striking ‘‘2018’’ and inserting 
‘‘2023’’; and 
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(3) by redesignating paragraph (3), as so 
amended, as paragraph (2). 
Subtitle B—Regulatory Reform 
PART I—STATE LEAD AGENCIES UNDER FED-
ERAL 
INSECTICIDE, 
FUNGICIDE, 
AND 
RODENTICIDE ACT 
SEC. 9101. RECOGNITION AND ROLE OF STATE LEAD AGEN-
CIES. 
(a) STATE LEAD AGENCY DEFINED.—Section 2(aa) 
of the Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136(aa)) is amended— 
(1) by striking ‘‘(aa)STATE.—The term’’ and 
inserting the following: 
‘‘(aa) STATE; STATE LEAD AGENCY.— 
‘‘(1) STATE.—The term’’; and 
(2) by adding at the end the following: 
‘‘(2) STATE LEAD AGENCY.—The term ‘State 
lead agency’ means a statewide department, agency, 
board, bureau, or other entity in a State that is au-
thorized to regulate, in a manner consistent with 
section 24(a), the sale or use of any federally reg-
istered pesticide or device in such State.’’. 
(b) UNIFORM REGULATION OF PESTICIDES.— 
(1) COOPERATION WITH AND ROLE OF STATE 
LEAD AGENCY.—Section 22(b) of the Federal Insec-
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ticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136t(b)) is amended by inserting before the period 
at the end the following: ‘‘promulgated by the Ad-
ministrator or, when authorized pursuant to a coop-
erative agreement entered into under section 
23(a)(1), by a State lead agency for a State’’. 
(2) AUTHORITY TO ESTABLISH AND MAINTAIN 
UNIFORM
REGULATIONS.—Section 23(a)(1) of the 
Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136u(a)(1)) is amended by inserting after 
‘‘enforcement of this Act,’’ the following: ‘‘to author-
ize the State or Indian tribe to establish and main-
tain uniform regulation of pesticides within the 
State or for the Indian tribe,’’. 
(3) CONDITION ON MORE RESTRICTIVE REGU-
LATION.—Section 24(a) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136v(a)) 
is amended by striking ‘‘A State may’’ and inserting 
‘‘A State, but not a political subdivision of a State, 
may’’. 
(c) ROLE OF STATE LEAD AGENCIES IN PROMULGA-
TION OF REGULATIONS.—Section 25(a)(2) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136w(a)(2)) is amended— 
(1) in subparagraph (A)— 
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