nation of a multiyear stewardship contract described 
in paragraph (1) may be paid from any appropria-
tions available to the Forest Service. In the event 
such appropriations are exhausted— 
‘‘(A) the exhaustion of such appropriations 
shall not be considered to be a violation of sec-
tion 1341 of title 31, United States Code; and 
‘‘(B) the Secretary of Agriculture shall 
seek a supplemental appropriation.’’. 
SEC. 106. ENVIRONMENTAL ANALYSIS AND DECISION DOC-
UMENT. 
(a) REQUIREMENTS.— 
(1) APPLICABLE
LAW.—Except as otherwise 
provided in this section, the Secretary shall comply 
with the National Environmental Policy Act of 1969 
(42 U.S.C. 4331 et seq.), any regulations promul-
gated to carry out that Act, and other applicable 
laws in designing and conducting pine beetle preven-
tion and mitigation and forest restoration projects 
for a demonstration project site. 
(2) SINGLE EA OR EIS.—The Secretary shall 
prepare a single environmental assessment or envi-
ronmental impact statement pursuant to section 
102(2) of the National Environmental Policy Act of 
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1969 (42 U.S.C. 4332(2)) for an entire demonstra-
tion project site. 
(3) 
LIMITED
CONSIDERATION
OF
ALTER-
NATIVES.—The Secretary is not required to study, 
develop, or analyze any alternatives in the environ-
mental assessment or environmental impact state-
ment other than the proposed agency action and the 
alternative of no action in designing pine beetle pre-
vention and mitigation and forest restoration 
projects for a demonstration project site. 
(4) PUBLIC
COMMENT.—In accordance with 
section 102(2) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)) and the applicable 
regulations and administrative guidelines, the Sec-
retary shall provide an opportunity for public com-
ment during the preparation of the environmental 
assessment or environmental impact statement for 
pine beetle prevention and mitigation and forest res-
toration projects for a demonstration project site. 
(b) REQUIRED CONSULTATION.— 
(1) COMPLIANCE WITH ENDANGERED SPECIES 
ACT OF 1973.— 
(A) IN
GENERAL.—Except as otherwise 
provided in this section, the Secretary shall 
comply with section 7 of the Endangered Spe-
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cies Act of 1973 (16 U.S.C. 1536) in designing 
and conducting pine beetle prevention and miti-
gation and forest restoration projects for a 
demonstration project site. 
(B) DEADLINE FOR COMPLETION.—If the 
consultation required under this paragraph is 
not completed by the date on which the decision 
document is issued under subsection (c), the ap-
plicable biological assessment from the land 
management agency shall be considered to be 
sufficient for the purposes of section 7 of the 
Endangered Species Act of 1973 (16 U.S.C. 
1536). 
(2) OTHER REQUIRED CONSULTATION.— 
(A) IN
GENERAL.—Any consultation re-
quired under any other laws, such as the Na-
tional Historic Preservation Act (16 U.S.C. 470 
et seq.), may proceed simultaneously with the 
design of the pine beetle prevention and mitiga-
tion and forest restoration project. 
(B) INCORPORATION.—To the extent fea-
sible, practicable, and consistent with the objec-
tives of the pine beetle prevention and mitiga-
tion and forest restoration project, the results 
of any consultation required under subpara-
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graph (A) shall be immediately incorporated 
into the project. 
(c) PUBLIC NOTICE AND MEETING.— 
(1) PUBLIC NOTICE.—The Secretary shall pro-
vide notice of each pine beetle prevention and miti-
gation and forest restoration project in accordance 
with applicable regulations and administrative guide-
lines. 
(2) PUBLIC MEETING.—During the preparation 
stage of the pine beetle prevention and mitigation 
and forest restoration project, the Secretary shall— 
(A) conduct a public meeting at an appro-
priate location in the demonstration project for-
est in which the project will be conducted; and 
(B) provide advance notice of the location, 
date, and time of the meeting. 
(d) PUBLIC COLLABORATION.—In order to encourage 
meaningful public participation during preparation of pine 
beetle prevention and mitigation and forest restoration 
projects, the Secretary shall facilitate collaboration among 
State and local governments and Indian tribes, and par-
ticipation of interested persons, during the preparation of 
the projects. 
(e) DECISION DOCUMENT.—The Secretary shall sign 
a decision document for a pine beetle prevention and miti-
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gation and forest restoration project and provide notice 
of the final agency actions. 
(f) IMPLEMENTATION.—The Secretary shall imple-
ment the pine beetle prevention and mitigation and forest 
restoration project as soon as practicable after the 
issuance of the decision document, subject only to the 
availability of funds for the project. 
SEC. 107. PREDECISIONAL ADMINISTRATIVE REVIEW PROC-
ESS AND JUDICIAL REVIEW. 
Sections 105 and 106 of the Healthy Forests Res-
toration Act of 2003 (16 U.S.C. 6515, 6516) shall apply 
to pine beetle prevention and mitigation and forest res-
toration projects for a demonstration project site. 
SEC. 108. AVAILABILITY OF REFORESTATION TRUST FUND. 
(a) INAPPLICABILITY
OF LIMITATION
ON TRANS-
FERS.—Section 303(b)(2) of Public Law 96–451 (16 
U.S.C. 1606a(b)(2)) shall not apply to limit the transfer 
of amounts to the Reforestation Trust Fund until such 
date as the Secretary notifies the Secretary of the Treas-
ury that funds are no longer needed to design and conduct 
pine beetle prevention and mitigation and forest restora-
tion projects at demonstration project sites. 
(b) AVAILABILITY
OF
REFORESTATION
TRUST 
FUND.—Amounts transferred to the Reforestation Trust 
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Fund for a fiscal year in excess of $30,000,000 shall be 
available to the Secretary to carry out this title. 
SEC. 109. ACCEPTANCE OF DONATIONS. 
(a) AUTHORITY TO ACCEPT GIFTS
AND DONA-
TIONS.—Subject to subsection (b), the Secretary may ac-
cept gifts and donations for purposes of defraying the 
costs of carrying out this title. The Secretary may solicit 
donations— 
(1) at National Forest System visitor centers; 
and 
(2) in connection with the issuance of hunting 
and fishing licenses or campground reservations. 
(b) LIMITATION.—The Secretary may not accept a 
gift or donation under subsection (a) if acceptance of the 
gift or donation would compromise or appear to com-
promise— 
(1) the ability of the Forest Service or any em-
ployee of the Forest Service to carry out the respon-
sibility or duty of the Forest Service in a fair and 
objective manner; or 
(2) the integrity of any program of the Forest 
Service or of any person involved in such a program. 
(c) CRITERIA
FOR ACCEPTANCE.—The Secretary 
shall prescribe written guidance setting forth the criteria 
to be used in determining whether the acceptance of a gift 
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or donation would have a result described in subsection 
(b). 
(d) CREDITING OF DONATIONS.—Funds accepted by 
the Secretary under section (a) shall be credited to appro-
priations available to carry out this title. 
TITLE II—GOOD NEIGHBOR AND 
EMERGENCY 
ECOSYSTEM, 
WATERSHED, 
AND 
HUMAN 
HEALTH 
AND 
SAFETY 
AU-
THORITIES 
SEC. 201. DESIGNATION OF INSECT OR DISEASE EMER-
GENCY AREAS. 
(a) DESIGNATION AUTHORIZED.—Using the selection 
criteria specified in subsection (c), the Secretary may des-
ignate National Forest System land or public land in a 
covered State as an insect or disease emergency area from 
which dead and dying trees may be removed in response 
to threats to human health and safety. 
(b) CONSIDERATION OF DESIGNATION PROPOSALS.— 
The Secretary concerned shall accept and consider pro-
posals for the designation of insect or disease emergency 
areas submitted by— 
(1) the Governor of a covered State; 
(2) a State forester; 
(3) a Water Conservation District; or 
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(4) an at-risk community. 
(c) SELECTION CRITERIA.—The Secretary may des-
ignate an insect or disease emergency area if the Secretary 
determines that an excessive number of dead and dying 
trees on the National Forest System land or public land 
to be designated has resulted in an unacceptable threat 
of fire or falling trees on campgrounds, roadways, power 
lines, watersheds, at-risk communities, or wildland-urban 
interface areas or other unacceptable threats to human 
health and safety. 
(d) CERTAIN LANDS EXCLUDED.—An insect or dis-
ease emergency area may not include National Forest Sys-
tem land or public land— 
(1) that is designated as wilderness; 
(2) that is recommended for wilderness designa-
tion in a forest land and resource management plan; 
or 
(3) on which the removal of vegetation is pro-
hibited or restricted by Act of Congress or Presi-
dential proclamation. 
(e) EFFECT OF DESIGNATION.—For the one-year pe-
riod beginning on the date of the designation of an insect 
or disease emergency area, projects for the removal of 
dead and dying trees in the insect or disease emergency 
area shall be categorically excluded from documentation 
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in an environmental impact statement and environmental 
assessment under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) if the decision to cat-
egorically exclude the project is made in accordance with 
applicable extraordinary circumstances procedures estab-
lished pursuant to section 1508.4 of title 40, Code of Fed-
eral Regulations. 
SEC. 202. TREATMENT OF BIOMASS REMOVED FROM IN-
SECT OR DISEASE EMERGENCY AREAS. 
Any biomass removed from an insect or disease emer-
gency area shall be deemed to be renewable biomass for 
purposes of the renewable fuel program under section 
211(o) of the Clean Air Act (42 U.S.C. 7545(o)). 
SEC. 203. USE OF STATE FORESTERS TO PROVIDE FOREST, 
RANGELAND, 
AND 
WATERSHED 
RESTORA-
TION AND PROTECTION SERVICES ON FED-
ERAL LAND. 
(a) COOPERATIVE AGREEMENTS
AND CONTRACTS 
AUTHORIZED.—The Secretary may enter into a coopera-
tive agreement or contract (including a sole source con-
tract) with the State forester of a covered State to author-
ize the State forester to provide forest, rangeland, and wa-
tershed restoration and protection services described in 
subsection (b) on the National Forest System land or pub-
lic land covered by the agreement or contract. 
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(b) AUTHORIZED SERVICES.—Forest, rangeland, and 
watershed restoration and protection services authorized 
by subsection (a) include the conduct of— 
(1) activities to treat insect infected trees; 
(2) activities to reduce hazardous fuels; and 
(3) any other activities to restore or improve 
forest, rangeland, and watershed health, including 
fish and wildlife habitat. 
(c) STATE AS AGENT.—Except as provided in sub-
section (f), a cooperative agreement or contract entered 
into under subsection (a) may authorize the State forester 
to serve as the agent for the Secretary in providing the 
restoration and protection services authorized under the 
agreement or contract. 
(d) SUBCONTRACTS.—In accordance with applicable 
contract procedures for the covered State, a State forester 
may enter into subcontracts to provide the restoration and 
protection services authorized under a cooperative agree-
ment or contract entered into under subsection (a). 
(e) TIMBER SALES.—Subsections (d) and (g) of sec-
tion 14 of the National Forest Management Act of 1976 
(16 U.S.C. 472a) shall not apply to services performed 
under a cooperative agreement or contract entered into 
under subsection (a). 
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(f) RETENTION OF NEPA RESPONSIBILITIES.—Any 
decision required to be made under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 
respect to any restoration and protection services to be 
provided by a State forester under a cooperative agree-
ment or contract entered into under subsection (a) on Na-
tional Forest System land or public land shall not be dele-
gated to a State forester or any other officer or employee 
of the covered State. 
(g) APPLICABLE LAW.—The restoration and protec-
tion services to be provided under this section shall be car-
ried out on a project-to-project basis under existing au-
thorities of the Forest Service or Bureau of Land Manage-
ment, as applicable. 
(h) TERMINATION.— 
(1) TERMINATION
OF
AUTHORITY.—The au-
thority of the Secretary to enter into cooperative 
agreements and contracts under this section termi-
nates on September 30, 2018. 
(2) CONTRACT TERMINATION DATE.—The ter-
mination date of a cooperative agreement or contract 
entered into under this section shall not extend be-
yond September 30, 2019. 
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SEC. 204. REMOVAL OF DEAD AND DYING TREES FROM 
RIGHTS-OF-WAY ON FEDERAL LAND. 
(a) COOPERATIVE AGREEMENTS
AND CONTRACTS 
AUTHORIZED.—The Secretary may enter into a coopera-
tive agreement, memorandum of understanding, or con-
tract (including a sole source contract) with a State de-
partment of transportation, State or Federal public utility 
commission, or private utility company to authorize the 
removal of dead and dying trees from a right-of-way held 
by the department, commission, or company on National 
Forest System land or public land in a covered State. 
(b) HOLD HARMLESS.—Until a cooperative agree-
ment, memorandum of understanding, or contract is en-
tered into with a private utility company for the removal 
of dead and dying trees from rights-of-way held by the 
company on National Forest System land or public land 
in a covered State, the company shall not be liable for 
damages resulting from fallen dead or dying trees on any 
right-of-way held by the company on National Forest Sys-
tem land or public land within any beetle infested area. 
Æ 
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