I 
113TH CONGRESS 
2D SESSION 
H. R. 4549 
To require the Forest Service to meet annual volume targets for timber 
harvesting in the management of a unit of the National Forest System 
and to provide for the transfer of such management responsibility to 
the State in which the unit is located when such targets are not consist-
ently met, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 1, 2014 
Mr. DUFFY introduced the following bill; which was referred to the Committee 
on Agriculture 
A BILL 
To require the Forest Service to meet annual volume targets 
for timber harvesting in the management of a unit of 
the National Forest System and to provide for the trans-
fer of such management responsibility to the State in 
which the unit is located when such targets are not 
consistently met, 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 ‘‘Strong Forests Grow 
Strong Communities Act of 2014’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) ANNUAL VOLUME REQUIREMENT.— 
(A) IN GENERAL.—The term ‘‘annual vol-
ume requirement’’, with respect to a unit of the 
National Forest System, means a volume of na-
tional forest materials no less than 50 percent 
of the sustained yield of the unit. 
(B) EXCLUSIONS.—In determining the vol-
ume of national forest materials or the sus-
tained yield of a Forest Reserve Revenue Area, 
the Secretary may not include non-commercial 
post and pole sales and personal use firewood. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Agriculture and the 
Committee on Natural Resources of the House 
of Representatives; and 
(B) the Committee on Agriculture, Nutri-
tion, and Forestry and the Committee on En-
ergy and Natural Resources of the Senate. 
(3) NATIONAL FOREST MATERIALS.—The term 
‘‘national forest materials’’ has the meaning given 
that term in section 14(e)(1) of the National Forest 
Management Act of 1976 (16 U.S.C. 472a(e)(1)). 
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(4) 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)), except that the term does not in-
clude the National Grasslands and land utilization 
projects designated as National Grasslands adminis-
tered pursuant to the Act of July 22, 1937 (7 
U.S.C. 1010–1012). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(6) SUSTAINED YIELD.—The term ‘‘sustained 
yield’’ means the maximum annual growth potential 
of the forest calculated on the basis of the culmina-
tion of mean annual increment using cubic measure-
ment. 
(7) STATE.—The term ‘‘State’’ includes the 
Commonwealth of Puerto Rico. 
SEC. 3. ANNUAL VOLUME REQUIREMENT. 
(a) PUBLICATION.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary shall pub-
lish in the Federal Register, make available on the website 
of the Forest Service, and submit to the appropriate con-
gressional committees the annual volume requirement for 
each unit of the National Forest System. 
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(b) REVISION.—Upon publication of the annual vol-
ume requirement for a unit of the National Forest System 
under subsection (a), the Secretary may not reduce the 
annual volume requirement for that unit without the con-
sent of Congress in a law enacted after the date of the 
enactment of this Act. 
SEC. 4. MANAGEMENT OF NATIONAL FOREST SYSTEM 
LANDS TO SATISFY ANNUAL VOLUME RE-
QUIREMENTS. 
(a) REQUIREMENT TO ACHIEVE ANNUAL VOLUME 
REQUIREMENT.—The Secretary shall manage the sale of 
national forest materials in each unit of the National For-
est System in the manner necessary so that the annual 
volume requirement for that unit is met each calendar 
year. 
(b) APPLICATION OF LAND AND RESOURCE MANAGE-
MENT PLAN.—The Secretary may modify the standards 
and guidelines contained in the land and resource manage-
ment plan for a unit of the National Forest System as 
necessary so as to meet the annual volume requirement 
for that unit. 
(c) COMPLIANCE
WITH
ENDANGERED
SPECIES 
ACT.— 
(1) NON-JEOPARDY ASSESSMENT.—If the Sec-
retary determines that a sale of national forest ma-
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terials may affect the continued existence of any spe-
cies listed as endangered or threatened under section 
4 of the Endangered Species Act of 1973 (16 U.S.C. 
1533), the Secretary shall issue a determination ex-
plaining the view of the Secretary that the proposed 
sale is not likely to jeopardize the continued exist-
ence of the species. 
(2) SUBMISSION, REVIEW, AND RESPONSE.— 
(A) SUBMISSION.—The Secretary shall 
submit a determination issued by the Secretary 
under paragraph (1) to the Secretary of the In-
terior or the Secretary of Commerce, as appro-
priate. 
(B) REVIEW AND RESPONSE.—Within 30 
days after receiving a determination under sub-
paragraph (A), the Secretary of the Interior or 
the Secretary of Commerce, as appropriate, 
shall provide a written response to the Sec-
retary concurring in or rejecting the Secretary’s 
determination. If the Secretary of the Interior 
or the Secretary of Commerce rejects the deter-
mination, the written response shall include rec-
ommendations for measures that— 
(i) will avoid the likelihood of jeopardy 
to an endangered or threatened species; 
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(ii) can be implemented in a manner 
consistent with the intended purpose of the 
sale; 
(iii) can be implemented consistent 
with the scope of the Secretary’s legal au-
thority and jurisdiction; and 
(iv) are economically and techno-
logically feasible. 
(3) FORMAL CONSULTATION.—If the Secretary 
of the Interior or the Secretary of Commerce rejects 
a determination issued by the Secretary under para-
graph (1), the Secretary of the Interior or the Sec-
retary of Commerce also is required to engage in 
formal consultation with the Secretary. The Secre-
taries shall complete such consultation pursuant to 
section 7 of the Endangered Species Act of 1973 (16 
U.S.C. 1536) within 90 days after the submission of 
the written response under paragraph (2). 
SEC. 5. STATE MANAGEMENT OF NATIONAL FOREST SYS-
TEM LANDS WHEN ANNUAL VOLUME RE-
QUIREMENTS ARE NOT MET. 
(a) REQUEST BY STATE TO MANAGE UNIT.— 
(1) SUBMISSION OF REQUEST; WHEN AUTHOR-
IZED.—If the Secretary fails to meet the annual vol-
ume requirement for a unit of the National Forest 
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System for five calendar years, whether consecutively 
or over a longer than five-year period, the State in 
which the unit is located may submit to the Sec-
retary a request to enter into a cooperative agree-
ment with the Secretary for purposes of managing 
the unit. 
(2) ROLE
OF
POLITICAL
SUBDIVISIONS.—A 
State that undertakes the management of a unit of 
the National Forest System under this section may 
conduct such management directly, through an 
agreement with a political subdivision of the State in 
which National Forest System lands of that unit are 
located, or through contracts with third parties. 
(3) TREATMENT OF UNITS LOCATED IN MUL-
TIPLE STATES.—If a unit of the National Forest 
System is located in more than one State, a State’s 
request under paragraph (1) shall cover only those 
National Forest System lands of that unit located in 
that State. 
(b) APPROVAL OF REQUEST.—Not later than 90 days 
after the date on which the Secretary receives the request 
under subsection (a), the Secretary shall approve the re-
quest and enter into the cooperative agreement unless the 
Secretary determines that— 
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(1) the State has failed to demonstrate that it 
has sufficient funds to manage the unit of the Na-
tional Forest System for the production of national 
forest materials; 
(2) the request is incomplete; or 
(3) the proposed cooperative agreement sub-
mitted with the request fails to address all of the 
items specified in subsection (f). 
(c) OPPORTUNITY TO AMEND REQUEST.— 
(1) NOTICE OF DENIAL.—If the Secretary de-
nies a request received under subsection (a) on the 
basis of one or more of the reasons authorized by 
subsection (b), the Secretary shall provide the State 
with a clear and comprehensive statement of— 
(A) the reasons why the request was de-
nied; and 
(B) any deficiencies in the request or the 
related proposed cooperative agreement. 
(2) RESUBMISSION.—After receiving a notice 
from the Secretary under paragraph (1), a State 
may amend and resubmit the denied request. 
(d) REQUEST
AND
COOPERATIVE
AGREEMENT 
DEEMED APPROVED.—If the Secretary does not approve 
or deny a request submitted under subsection (a) or (c)(2) 
within the 90 days after receiving the request, the request 
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and the proposed cooperative agreement submitted with 
the request shall be deemed approved. 
(e) REQUEST
CONTENTS.—A request submitted 
under subsection (a) shall include— 
(1) a letter signed by the Governor of the State 
addressed to the Secretary that identifies the unit of 
the National Forest System that the State will man-
age for the production of national forest materials; 
(2) the proposed cooperative agreement for 
State management of the unit; 
(3) the proposed role of political subdivisions of 
the State in the management of National Forest 
System lands of the unit located within the political 
subdivisions; and 
(4) documentation that demonstrates the ability 
of the State to provide sufficient funds to manage 
the unit for the duration of the cooperative agree-
ment. 
(f) ELEMENTS OF COOPERATIVE AGREEMENT.—The 
cooperative agreement entered into by the Secretary and 
the Governor of a State for the management of a unit 
of the National Forest System shall address the following: 
(1) The State’s management of the unit after 
the effective date of the transfer of management to 
the State for a specified term of years. 
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(2) A cost-sharing agreement under which the 
State will provide a certain amount (equal to not 
less than 50 percent), in cash or in-kind, of the total 
amount required for the management of the unit. 
(3) The amount to be contributed by the State 
shall be determined by the Governor of the State 
and the Secretary, only after the Secretary submits 
to the State a categorical assessment of all costs, in 
the recent past and anticipated during the duration 
of the cooperative agreement, of managing the unit, 
including employee salary data. 
(4) In the event of a natural disaster, as cat-
egorized by the Federal Emergency Management 
Agency, the State shall assume authority over recov-
ery initiatives (nullifying any existing established 
Federal response protocol) so that— 
(A) the cost of damages to any structure 
on the unit be shared by both State and Fed-
eral entities at a ratio in accordance to the cost- 
sharing agreement; and 
(B) the cost and administration of repair 
of damages resulting from natural disasters, 
not including structures referred to in subpara-
graph (A), shall be assumed by the State rather 
than the Federal Government. 
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(5) All revenue accrued from fees, royalties, and 
other revenues related to the unit shall be distrib-
uted to the State and Federal entities in accordance 
to the percentages dictated by the cost-sharing 
agreement and shall be used so that the percentage 
of funds designated to the Federal entity shall be 
made available to the Secretary for use at the sole 
discretion of the Secretary. 
(6) The procedures to be followed for purposes 
of the transition from Federal to State management 
of the unit, including— 
(A) a guarantee that all Federal employees 
managing the unit may remain employed with-
out infringement upon their existing conditions 
of employment; 
(B) a guarantee that the State may use its 
percentage of the amounts required for the 
management of the unit to hire additional staff 
whose terms of employment shall be decided by 
the State; and 
(C) authority over the unit shall be di-
rected by the State and a State-appointed man-
ager, but the implementation of its directives 
may include the existing Federal superintendent 
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concerned and performed in conjunction with 
State employees. 
(7) The transfer to the State of any special use 
permits issued to the Secretary with respect to the 
unit. 
(8) A provision stating that lands currently 
open to mineral entry under the Act of May 10, 
1872 (commonly referred to as the General Mining 
Act of 1872; 30 U.S.C. 22 et seq.), shall remain 
open to mineral entry under State law unless subse-
quently changed by a State mineral closing order. 
(g) APPLICABILITY OF STATE LAW ON QUALIFYING 
FEDERAL LANDS UNDER COOPERATIVE AGREEMENT.— 
State environmental, wildlife, and land management laws 
shall supercede Federal environmental, wildlife, and land 
management laws on a unit of the National Forest System 
managed by a State under a cooperative agreement in 
place under this section. 
(h) OWNERSHIP.—Notwithstanding State manage-
ment of a unit of the National Forest System under a 
cooperative agreement entered into under this section, the 
United States shall retain all right, title, and interest in 
and to the National Forest System lands within the unit. 
(i) TERMINATION OF COOPERATIVE AGREEMENT.— 
A cooperative agreement applicable under this section 
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shall terminate, at the discretion of the Secretary, under 
the following circumstances: 
(1) The State defaults on a payment, thereby 
requiring Federal entities to assume responsibility 
for the financial liabilities. 
(2) The State is in substantial breach of the co-
operative agreement as determined by a court of the 
United States. 
(3) The cooperative agreement terminates 
under a term contained in that agreement. 
SEC. 6. ANNUAL REPORT. 
(a) REPORT REQUIRED.—Not later than 60 days 
after the end of each calendar year, the Secretary shall 
submit to the appropriate congressional committees an an-
nual report specifying— 
(1) the annual volume requirement in effect for 
that calendar year for each unit of the National For-
est System; 
(2) the units that did not meet the annual vol-
ume requirement; 
(3) the units under State management pursu-
ant to section 5; 
(4) the volume of board feet actually harvested 
for each unit; 
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(5) the average cost of preparation for sales of 
national forest materials; and 
(6) the revenues generated from such sales. 
(b) FORM OF REPORT.—In addition to submitting 
each report to Congress, the Secretary shall also make the 
report available on the website of the Forest Service. 
Æ 
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