I 
115TH CONGRESS 
1ST SESSION H. R. 3715 
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. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 8, 2017 
Mr. WALDEN introduced the following bill; which was referred to the Com-
mittee on Agriculture, and in addition to the Committee on Natural Re-
sources, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To expedite salvage and reforestation projects in the Colum-
bia Gorge National Scenic Area and other National Sce-
nic Areas in response to certain catastrophic events, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Scenic Columbia Gorge 
Restoration Act of 2017’’. 
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SEC. 2. EXPEDITED RECOVERY ACTIVITIES IN RESPONSE 
TO CATASTROPHIC EVENTS IN NATIONAL 
SCENIC AREAS. 
(a) DEFINITIONS.—In this section: 
(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) CONCLUSION.—The term ‘‘conclusion’’, with 
respect to a catastrophic event, includes containment 
of the catastrophic event if occurring before the ac-
tual end of the catastrophic event. 
(3) NATIONAL SCENIC AREA.—The term ‘‘Na-
tional Scenic Area’’ means an area of the National 
Forest System federally designated as a National 
Scenic Area in recognition of the outstanding nat-
ural, scenic, and recreational values of the area. 
(4) RESPONSE ACTIVITY.—The term ‘‘response 
activity’’ means any salvage operation or reforest-
ation activity proposed to be conducted within a Na-
tional Scenic Area adversely impacted by a cata-
strophic event to address conditions caused or exac-
erbated by the catastrophic event. 
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(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture, acting through the 
Chief of the Forest Service. 
(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.—Not-
withstanding any other provision of law, the Secretary 
shall allow 30 days for public scoping and comment re-
garding 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
ASSESS-
MENT.—Except as provided in paragraph (2), not-
withstanding any other provision of law, an environ-
mental assessment prepared by the Secretary con-
cerned pursuant to section 102 of the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4332) for 
a National Scenic Area response activity shall be 
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completed within 60 days after the conclusion of the 
catastrophic event. 
(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 de-
velopment; 
(iii) are part of a municipal water-
shed; or 
(iv) contain utility or power trans-
mission right-of-ways. 
(e) CONSULTATION UNDER THE ENDANGERED SPE-
CIES ACT.— 
(1) NO CONSULTATION IF RESPONSE ACTIVITY 
NOT LIKELY TO ADVERSELY AFFECT A LISTED SPE-
CIES
OR
DESIGNATED
CRITICAL
HABITAT.—Con-
sultation under section 7 of the Endangered Species 
Act of 1973 (16 U.S.C. 1536) shall not be required 
if the Secretary determines that a response activity 
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is not likely to adversely affect a listed species or 
designated critical habitat. 
(2) EXPEDITED CONSULTATION.— 
(A) IN GENERAL.—With respect to a re-
sponse 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) shall be concluded within the 90-day pe-
riod beginning on the date on which such con-
sultation was requested by the Secretary. 
(B) EFFECT OF NO CONCLUSION.—In the 
case of a consultation described in subpara-
graph (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 vio-
lated section 7 of the Endangered Species 
Act of 1973 (16 U.S.C. 1536(a)(2)); and 
(ii) may be carried out. 
(f) PROHIBITION ON RESTRAINING ORDERS, PRE-
LIMINARY INJUNCTIONS, AND INJUNCTIONS PENDING AP-
PEAL.—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 
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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), shall be available to the Secretary for 
response activities. 
(h) REFORESTATION OBJECTIVE.—In the case of re-
sponse 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 fol-
lowing the conclusion of the catastrophic event. 
Æ 
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