IIB 
115TH CONGRESS 
1ST SESSION H. R. 2936 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 2, 2017 
Received; read twice and referred to the Committee on Agriculture, Nutrition, 
and Forestry 
AN ACT 
To expedite under the National Environmental Policy Act 
of 1969 and improve forest management activities on 
National Forest System lands, on public lands under 
the jurisdiction of the Bureau of Land Management, 
and on Tribal lands to return resilience to overgrown, 
fire-prone forested lands, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Resilient Federal Forests Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Rule of application for National Forest System lands and public lands. 
TITLE I—EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAIL-
ABILITY OF CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST 
MANAGEMENT ACTIVITIES 
Subtitle A—Analysis of Proposed Collaborative Forest Management Activities 
Sec. 101. Analysis of only two alternatives (action versus no action) in proposed 
collaborative forest management activities. 
Subtitle B—Categorical Exclusions 
Sec. 111. Categorical exclusion to expedite certain critical response actions. 
Sec. 112. Categorical exclusion to expedite salvage operations in response to 
catastrophic events. 
Sec. 113. Categorical exclusion to meet forest plan goals for early successional 
forests. 
Sec. 114. Categorical exclusion for road side projects. 
Sec. 115. Categorical exclusion to improve or restore National Forest System 
Lands or public land or reduce the risk of wildfire. 
Subtitle C—General Provisions for Forest Management Activities 
Sec. 121. Compliance with forest plans. 
Sec. 122. Consultation under the National Historic Preservation Act. 
Sec. 123. Consultation under the Endangered Species Act. 
Sec. 124. Forest management activities considered non-discretionary actions. 
TITLE II—SALVAGE AND REFORESTATION IN RESPONSE TO 
CATASTROPHIC EVENTS 
Sec. 201. Expedited salvage operations and reforestation activities following 
large-scale catastrophic events. 
Sec. 202. Compliance with forest plan. 
Sec. 203. Prohibition on restraining orders, preliminary injunctions, and injunc-
tions pending appeal. 
TITLE III—FOREST MANAGEMENT LITIGATION 
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Subtitle A—General Litigation Provisions 
Sec. 301. No attorney fees for forest management activity challenges. 
Sec. 302. Injunctive relief. 
Subtitle B—Forest Management Activity Arbitration Pilot Program 
Sec. 311. Use of arbitration instead of litigation to address challenges to forest 
management activities. 
TITLE IV—SECURE RURAL SCHOOLS AND COMMUNITY SELF- 
DETERMINATION ACT AMENDMENTS 
Sec. 401. Use of reserved funds for title II projects on Federal land and certain 
non-Federal land. 
Sec. 402. Resource advisory committees. 
Sec. 403. Program for title II self-sustaining resource advisory committee 
projects. 
Sec. 404. Additional authorized use of reserved funds for title III county 
projects. 
Sec. 405. Treatment as supplemental funding. 
TITLE V—STEWARDSHIP END RESULT CONTRACTING 
Sec. 501. Cancellation ceilings for stewardship end result contracting projects. 
Sec. 502. Excess offset value. 
Sec. 503. Payment of portion of stewardship project revenues to county in 
which stewardship project occurs. 
Sec. 504. Submission of existing annual report. 
Sec. 505. Fire liability provision. 
Sec. 506. Extension of stewardship contracting maximum term limits. 
TITLE VI—ADDITIONAL FUNDING SOURCES FOR FOREST 
MANAGEMENT ACTIVITIES 
Sec. 601. Definitions. 
Sec. 602. Availability of stewardship project revenues and Collaborative Forest 
Landscape Restoration Fund to cover forest management activ-
ity planning costs. 
Sec. 603. State-supported planning of forest management activities. 
TITLE VII—TRIBAL FORESTRY PARTICIPATION AND PROTECTION 
Sec. 701. Protection of Tribal forest assets through use of stewardship end re-
sult contracting and other authorities. 
Sec. 702. Management of Indian forest land authorized to include related Na-
tional Forest System lands and public lands. 
Sec. 703. Tribal forest management demonstration project. 
Sec. 704. Rule of application. 
TITLE VIII— EXPEDITING INTERAGENCY CONSULTATION 
Subtitle A—Forest Plans Not Considered Major Federal Actions 
Sec. 801. Forest plans not considered major Federal actions. 
Subtitle B—Agency Consultation 
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Sec. 811. Consultation under Forest and Rangeland Renewable Resources 
Planning Act of 1974. 
Sec. 812. Consultation under Federal Land Policy and Management Act of 
1976. 
TITLE IX—MISCELLANEOUS 
Subtitle A—Forest Management Provisions 
Sec. 901. Clarification of existing categorical exclusion authority related to in-
sect and disease infestation. 
Sec. 902. Revision of alternate consultation agreement regulations. 
Sec. 903. Revision of extraordinary circumstances regulations. 
Sec. 904. Conditions on Forest Service road decommissioning. 
Sec. 905. Prohibition on application of Eastside Screens requirements on Na-
tional Forest System lands. 
Sec. 906. Use of site-specific forest plan amendments for certain projects and 
activities. 
Sec. 907. Knutson-Vandenberg Act modifications. 
Sec. 908. Application of Northwest Forest Plan Survey and Manage Mitigation 
Measure Standard and Guidelines. 
Sec. 909. Reconstruction and repair included in good neighbor agreements. 
Sec. 910. Logging and mechanized operations. 
Sec. 910A. Study on use of unmanned aerial vehicles to support wildland fire 
response and management. 
Sec. 910B. Pilot project for forest health, watershed improvement, and habitat 
restoration in New Mexico. 
Subtitle B—Oregon and California Railroad Grant Lands and Coos Bay 
Wagon Road Grant Lands 
Sec. 911. Amendments to the Act of August 28, 1937. 
Sec. 912. Oregon and California Railroad Grant Lands and Coos Bay Wagon 
Road Grant lands permanent rights of access. 
Sec. 913. Management of Bureau of Land Management lands in Western Or-
egon. 
Subtitle C—Timber Innovation 
Sec. 921. Definitions. 
Sec. 922. Clarification of research and development program for wood building 
construction. 
TITLE X—MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND 
Sec. 1001. Wildfire on Federal lands. 
Sec. 1002. Declaration of a major disaster for wildfire on Federal lands. 
Sec. 1003. Prohibition on transfers. 
TITLE XI—DISASTER RELIEF AND WILDFIRE ADJUSTMENT 
Sec. 1101. Increase in maximum adjustment to accommodate wildfire funding. 
SEC. 2. DEFINITIONS. 
In titles I through IX: 
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(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) COLLABORATIVE PROCESS.—The term ‘‘col-
laborative process’’ refers to a process relating to the 
management of National Forest System lands or 
public lands by which a project or forest manage-
ment activity is developed and implemented by the 
Secretary concerned through collaboration with in-
terested 
persons, 
as 
described 
in 
section 
603(b)(1)(C) of the Healthy Forests Restoration Act 
of 2003 (16 U.S.C. 6591b(b)(1)(C)). 
(3) 
COMMUNITY
WILDFIRE
PROTECTION 
PLAN.—The term ‘‘community wildfire protection 
plan’’ has the meaning given that term in section 
101 of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6511). 
(4) COOS BAY WAGON ROAD GRANT LANDS.— 
The term ‘‘Coos Bay Wagon Road Grant lands’’ 
means the lands reconveyed to the United States 
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pursuant to the first section of the Act of February 
26, 1919 (40 Stat. 1179). 
(5) 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. 
(6) FOREST
PLAN.—The term ‘‘forest plan’’ 
means— 
(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). 
(7) LARGE-SCALE CATASTROPHIC EVENT.—The 
term ‘‘large-scale catastrophic event’’ means a cata-
strophic event that adversely impacts at least 5,000 
acres of reasonably contiguous National Forest Sys-
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tem lands or public lands, as determined by the Sec-
retary concerned. 
(8) 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)). 
(9) 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-
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). 
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(10) 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. 
(11) REFORESTATION
ACTIVITY.—The term 
‘‘reforestation activity’’ means a project or forest 
management activity carried out by the Secretary 
concerned whose primary purpose is the reforest-
ation of impacted lands following a large-scale cata-
strophic event. The term includes planting, evalu-
ating and enhancing natural regeneration, clearing 
competing vegetation, and other activities related to 
reestablishment of forest species on the impacted 
lands. 
(12) 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). 
(13) SALVAGE OPERATION.—The term ‘‘salvage 
operation’’ means a forest management activity and 
restoration activities carried out in response to a 
catastrophic event where the primary purpose is— 
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(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 and other restoration activities for the 
National Forest System lands or public lands 
impacted by the catastrophic event. 
(14) 
SECRETARY
CONCERNED.—The 
term 
‘‘Secretary concerned’’ means— 
(A) the Secretary of Agriculture, with re-
spect to National Forest System lands; and 
(B) the Secretary of the Interior, with re-
spect to public lands. 
SEC. 3. RULE OF APPLICATION FOR NATIONAL FOREST 
SYSTEM LANDS AND PUBLIC LANDS. 
Unless specifically provided by a provision of titles 
I through IX, the authorities provided by such titles do 
not apply with respect to any National Forest System 
lands or public lands— 
(1) that are included in the National Wilderness 
Preservation System; 
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(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 concerned determines 
the activity is allowed under the applicable 
roadless rule governing such lands; or 
(3) on which timber harvesting for any purpose 
is prohibited by Federal statute. 
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TITLE I—EXPEDITED ENVIRON-
MENTAL 
ANALYSIS 
AND 
AVAILABILITY OF CATEGOR-
ICAL EXCLUSIONS TO EXPE-
DITE FOREST MANAGEMENT 
ACTIVITIES 
Subtitle A—Analysis of Proposed 
Collaborative 
Forest 
Manage-
ment Activities 
SEC. 101. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION 
VERSUS NO ACTION) IN PROPOSED COLLABO-
RATIVE FOREST MANAGEMENT ACTIVITIES. 
(a) APPLICATION TO CERTAIN ENVIRONMENTAL AS-
SESSMENTS
AND
ENVIRONMENTAL
IMPACT
STATE-
MENTS.—This section shall apply whenever the Secretary 
concerned prepares an environmental assessment or an en-
vironmental impact statement pursuant to section 102 of 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4332) for a forest management activity that— 
(1) is developed through a collaborative process; 
(2) is proposed by a resource advisory com-
mittee; 
(3) will occur on lands identified by the Sec-
retary concerned as suitable for timber production; 
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(4) will occur on lands designated by the Sec-
retary (or designee thereof) pursuant to section 
602(b) of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6591a(b)), notwithstanding wheth-
er such forest management activity is initiated prior 
to September 30, 2018; or 
(5) is covered by a community wildfire protec-
tion plan. 
(b) CONSIDERATION OF ALTERNATIVES.—In an envi-
ronmental assessment or environmental impact statement 
described in subsection (a), the Secretary concerned shall 
study, develop, and describe only the following two alter-
natives: 
(1) The forest management activity. 
(2) The alternative of no action. 
(c) ELEMENTS OF NO ACTION ALTERNATIVE.—In 
the case of the alternative of no action, the Secretary con-
cerned shall consider whether to evaluate— 
(1) the effect of no action on— 
(A) forest health; 
(B) habitat diversity; 
(C) wildfire potential; 
(D) insect and disease potential; and 
(E) timber production; and 
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(2) the implications of a resulting decline in 
forest health, loss of habitat diversity, wildfire, or in-
sect or disease infestation, given fire and insect and 
disease historic cycles, on— 
(A) domestic water supply in the project 
area; 
(B) wildlife habitat loss; and 
(C) other economic and social factors. 
Subtitle B—Categorical Exclusions 
SEC. 111. 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 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— 
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(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). 
(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.— 
(1) IN GENERAL.—Except in the case of a for-
est management activity described in paragraph (2), 
a forest management activity covered by the categor-
ical exclusion established under subsection (a) may 
not contain treatment units exceeding a total of 
10,000 acres. 
(2) LARGER
AREAS
AUTHORIZED.—A forest 
management activity covered by the categorical ex-
clusion established under subsection (a) may contain 
treatment units exceeding a total of 10,000 acres 
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but not more than a total of 30,000 acres if the for-
est management activity— 
(A) is developed through a collaborative 
process; 
(B) is proposed by a resource advisory 
committee; or 
(C) is covered by a community wildfire 
protection plan. 
SEC. 112. 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 10,000 acres. 
(d) ADDITIONAL REQUIREMENTS.— 
(1) STREAM
BUFFERS.—A salvage operation 
covered by the categorical exclusion established 
under subsection (a) shall comply with the standards 
and guidelines for stream buffers contained in the 
applicable forest plan unless waived by the Regional 
Forester, in the case of National Forest System 
lands, or the State Director of the Bureau of Land 
Management, in the case of public lands. 
(2) REFORESTATION
PLAN.—A reforestation 
plan shall be developed under section 3 of the Act 
of June 9, 1930 (commonly known as the Knutson- 
Vandenberg Act; 16 U.S.C. 576b), as part of a sal-
vage operation covered by the categorical exclusion 
established under subsection (a). 
SEC. 113. CATEGORICAL EXCLUSION TO MEET FOREST 
PLAN GOALS FOR EARLY SUCCESSIONAL 
FORESTS. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
a category of actions hereby designated as being categori-
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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 forest management 
activities designated under this section for a categorical 
exclusion are forest management activities carried out by 
the Secretary concerned on National Forest System lands 
or public lands where the primary purpose of such activity 
is to modify, improve, enhance, or create early successional 
forests for wildlife habitat improvement and other pur-
poses, 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-
fied in the forest plan and consistent with the capability 
of the activity site. 
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(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 10,000 acres. 
SEC. 114. CATEGORICAL EXCLUSION FOR ROAD SIDE 
PROJECTS. 
(a) CATEGORICAL
EXCLUSION
ESTABLISHED.— 
Projects carried out by the Secretary concerned to remove 
hazard trees or to salvage timber for purposes of the 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. 
(c) HEALTHY FORESTS RESTORATION ACT RE-
QUIREMENTS.— 
(1) ADMINISTRATIVE REVIEW.—A project that 
is categorically excluded under this section shall be 
subject to the requirements of subsections (d), (e), 
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and (f) of section 603 of the Healthy Forests Res-
toration Act of 2003 (16 U.S.C. 6591). 
(2) HAZARDOUS
FUEL
REDUCTION
ON
FED-
ERAL
LAND.—A project that is categorically ex-
cluded under this section shall be subject to the re-
quirements of sections 102, 104, 105, and 106 of 
title I of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6511 et seq.). 
SEC. 115. 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 forest management ac-
tivities designated under this section for a categor-
ical exclusion are forest management activities de-
scribed in paragraph (2) that are carried out by the 
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Secretary concerned on National Forest System 
Lands or public lands where the primary purpose of 
such activity is to improve or restore such lands or 
reduce the risk of wildfire on those lands. 
(2) ACTIVITIES AUTHORIZED.—The follow ac-
tivities may be carried out pursuant to the categor-
ical exclusion established under subsection (a): 
(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) Installation of erosion control devices. 
(F) Construction of new and maintenance 
of permanent infrastructure, including stock 
ponds, water catchments, and water spring 
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boxes used to benefit livestock and improve 
wildlife habitat. 
(G) Performance of soil treatments, native 
and non-native seeding, and planting of and 
transplanting sagebrush, grass, forb, shrub, and 
other species. 
(H) Use of herbicides, so long as the 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 exceed 10,000 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. 
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(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. 
(3) 
TARGETED
LIVESTOCK
GRAZING.—The 
term ‘‘targeted livestock grazing’’ means grazing 
used for purposes of hazardous fuel reduction. 
Subtitle C—General Provisions for 
Forest Management Activities 
SEC. 121. COMPLIANCE WITH FOREST PLANS. 
A forest management activity carried out pursuant 
to this Act shall be conducted in a manner consistent with 
the forest plan applicable to the National Forest System 
land or public lands covered by the forest management ac-
tivity. 
SEC. 122. CONSULTATION UNDER THE NATIONAL HISTORIC 
PRESERVATION ACT. 
(a) IN GENERAL.—Not later than 12 months after 
the date of enactment of this Act, the Secretary concerned 
shall each develop, in consultation with relevant consulting 
parties, a programmatic agreement or other appropriate 
program alternative pursuant to section 800.14 of title 36, 
Code of Federal Regulations, or successor regulation, for 
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TITLE 
VII—TRIBAL 
FORESTRY 
PARTICIPATION 
AND 
PRO-
TECTION 
SEC. 
701. 
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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