IB 
Union Calendar No. 271 
115TH CONGRESS 
1ST SESSION H. R. 2936 
[Report No. 115–370, Parts I and II] 
To expedite under the National Environmental Policy Act of 1969 and im-
prove forest management activities on National Forest System lands, 
on public lands under the jurisdiction of the Bureau of Land Manage-
ment, and on Tribal lands to return resilience to overgrown, fire-prone 
forested lands, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 20, 2017 
Mr. WESTERMAN (for himself, Mr. NOLAN, Mr. TIPTON, Mr. LABRADOR, Mr. 
MCCLINTOCK, Mr. PETERSON, and Mrs. MCMORRIS RODGERS) intro-
duced the following bill; which was referred to the Committee on Agri-
culture, and in addition to the Committees on Natural Resources, Edu-
cation and the Workforce, and Transportation and Infrastructure, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
OCTOBER 25, 2017 
Additional sponsors: Mr. THOMPSON of Pennsylvania, Mr. STEWART, Mr. 
VALADAO, Mr. WALDEN, Mr. GIANFORTE, Mr. SMITH of Missouri, Mr. 
LAMALFA, Ms. CHENEY, Mr. NEWHOUSE, Mr. BYRNE, Mr. ABRAHAM, 
and Mr. SESSIONS 
OCTOBER 25, 2017 
Reported from the Committee on Agriculture with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
OCTOBER 25, 2017 
Reported from the Committee on Natural Resources with an amendment 
[Strike out all after the enacting clause and insert the part printed in boldface roman] 
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OCTOBER 25, 2017 
The Committees on Education and the Workforce and Transportation and In-
frastructure discharged; committed to the Committee of the Whole House 
on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on June 20, 2017] 
A BILL 
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 ‘‘Re-
silient 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 cata-
strophic events. 
Sec. 113. Categorical exclusion to meet forest plan goals for early successional for-
ests. 
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. 
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TITLE III—FOREST MANAGEMENT LITIGATION 
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 result 
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. 
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Subtitle B—Agency Consultation 
Sec. 811. Consultation under Forest and Rangeland Renewable Resources Plan-
ning 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 insect 
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 ac-
tivities. 
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. 
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 Oregon. 
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. 
SEC. 2. DEFINITIONS. 
In titles I through IX: 
(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 
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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 pub-
lic lands by which a project or forest management ac-
tivity is developed and implemented by the Secretary 
concerned through collaboration with interested per-
sons, 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 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 ac-
tivity carried out by the Secretary concerned on Na-
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tional Forest System lands or public lands consistent 
with the forest plan covering the lands. 
(6) FOREST
PLAN.—The term ‘‘forest plan’’ 
means— 
(A) a land use plan prepared by the Bureau 
of Land Management for public lands pursuant 
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 Resources 
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-
tem lands or public lands, as determined by the Sec-
retary concerned. 
(8) NATIONAL FOREST SYSTEM.—The term ‘‘Na-
tional Forest System’’ has the meaning given that 
term in section 11(a) of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609(a)). 
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(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 ex-
changes 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). 
(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 includes Coos 
Bay Wagon Road Grant lands and Oregon and Cali-
fornia Railroad Grant lands. 
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(11) REFORESTATION ACTIVITY.—The term ‘‘re-
forestation activity’’ means a project or forest man-
agement activity carried out by the Secretary con-
cerned whose primary purpose is the reforestation of 
impacted lands following a large-scale catastrophic 
event. The term includes planting, evaluating and en-
hancing natural regeneration, clearing competing 
vegetation, and other activities related to reestablish-
ment of forest species on the impacted lands. 
(12) RESOURCE
ADVISORY
COMMITTEE.—The 
term ‘‘resource advisory committee’’ has the meaning 
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 cat-
astrophic 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 
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(C) to provide a funding source for reforest-
ation and other restoration activities for the Na-
tional Forest System lands or public lands im-
pacted by the catastrophic event. 
(14) SECRETARY CONCERNED.—The term ‘‘Sec-
retary 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 SYS-
TEM 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; 
(2) that are located within a national or State- 
specific inventoried roadless area established by the 
Secretary of Agriculture through regulation, unless— 
(A) the forest management activity to be 
carried out under such authority is consistent 
with the forest plan applicable to the area; or 
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(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. 
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 STATEMENTS.— 
This section shall apply whenever the Secretary concerned 
prepares an environmental assessment or an environmental 
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; 
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(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; 
(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 whether 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 concerned 
shall consider whether to evaluate— 
(1) the effect of no action on— 
(A) forest health; 
(B) habitat diversity; 
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(C) wildfire potential; 
(D) insect and disease potential; and 
(E) timber production; and 
(2) the implications of a resulting decline in for-
est health, loss of habitat diversity, wildfire, or insect 
or disease infestation, given fire and insect and dis-
ease 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 CERTAIN 
CRITICAL RESPONSE ACTIONS. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—Forest 
management activities described in subsection (b) are a cat-
egory of actions hereby designated as being categorically ex-
cluded 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) FOREST MANAGEMENT ACTIVITIES DESIGNATED 
FOR CATEGORICAL EXCLUSION.—The forest management 
activities designated under this section for a categorical ex-
clusion are forest management activities 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— 
(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; 
(6) produce timber; or 
(7) any combination of the purposes specified in 
paragraphs (1) through (6). 
(c) AVAILABILITY OF CATEGORICAL EXCLUSION.—On 
and after the date of the enactment of this Act, the Secretary 
concerned may use the categorical exclusion established 
under subsection (a) in accordance with this section. 
(d) ACREAGE LIMITATIONS.— 
(1) IN GENERAL.—Except in the case of a forest 
management activity described in paragraph (2), a 
forest management activity covered by the categorical 
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 exclu-
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sion established under subsection (a) may contain 
treatment units exceeding a total of 10,000 acres but 
not more than a total of 30,000 acres if the forest 
management activity— 
(A) is developed through a collaborative 
process; 
(B) is proposed by a resource advisory com-
mittee; or 
(C) is covered by a community wildfire pro-
tection plan. 
SEC. 112. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE 
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 ex-
cluded 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 established 
under subsection (a) in accordance with this section. 
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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 cov-
ered by the categorical exclusion established under 
subsection (a) shall comply with the standards and 
guidelines for stream buffers contained in the applica-
ble 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-Vanden-
berg Act; 16 U.S.C. 576b), as part of a salvage oper-
ation covered by the categorical exclusion established 
under subsection (a). 
SEC. 113. CATEGORICAL EXCLUSION TO MEET FOREST 
PLAN GOALS FOR EARLY SUCCESSIONAL FOR-
ESTS. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—Forest 
management activities described in subsection (b) are a cat-
egory of actions hereby designated as being categorically ex-
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cluded 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) FOREST MANAGEMENT ACTIVITIES DESIGNATED 
FOR CATEGORICAL EXCLUSION.—The forest management 
activities designated under this section for a categorical ex-
clusion 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 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 established 
under subsection (a) in accordance with this section. 
(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 pro-
duction and regeneration of priority species, as identified 
in the forest plan and consistent with the capability of the 
activity site. 
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(e) ACREAGE LIMITATIONS.—A forest management ac-
tivity covered by the categorical exclusion established under 
subsection (a) may not contain treatment units exceeding 
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 protec-
tion of public health or safety, water supply, or public in-
frastructure are a category of actions hereby designated as 
being categorically excluded from the preparation of an en-
vironmental assessment or an environmental impact state-
ment under section 102 of the National Environmental Pol-
icy 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 established 
under subsection (a) in accordance with this section. 
(c) HEALTHY FORESTS RESTORATION ACT REQUIRE-
MENTS.— 
(1) ADMINISTRATIVE REVIEW.—A project that is 
categorically excluded under this section shall be sub-
ject to the requirements of subsections (d), (e), and (f) 
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of section 603 of the Healthy Forests Restoration Act 
of 2003 (16 U.S.C. 6591). 
(2) HAZARDOUS FUEL REDUCTION ON FEDERAL 
LAND.—A project that is categorically excluded under 
this section shall be subject to the requirements of sec-
tions 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 WILD-
FIRE. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—Forest 
management activities described in subsection (b) are a cat-
egory of actions hereby designated as being categorically ex-
cluded 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) FOREST MANAGEMENT ACTIVITIES DESIGNATED 
FOR CATEGORICAL EXCLUSION.— 
(1) DESIGNATION.—The forest management ac-
tivities designated under this section for a categorical 
exclusion are forest management activities described 
in paragraph (2) that are carried out by the Sec-
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retary concerned on National Forest System Lands or 
public lands where the primary purpose of such activ-
ity is to improve or restore such lands or reduce the 
risk of wildfire on those lands. 
(2) ACTIVITIES AUTHORIZED.—The follow activi-
ties may be carried out pursuant to the categorical 
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 graz-
ing, prescribed burns, and mechanical treat-
ments. 
(B) Performance of hazardous fuels manage-
ment. 
(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 boxes 
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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 established 
under subsection (a) in accordance with this section. 
(d) ACREAGE LIMITATIONS.—A forest management ac-
tivity 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 vege-
tation management activities that reduce the risk of 
wildfire. 
(2) LATE-SEASON GRAZING.—The term ‘‘late-sea-
son grazing’’ means grazing activities that occur after 
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both the invasive species and native perennial species 
have completed their current-year annual growth 
cycle until new plant growth begins to appear 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) EFFECT OF UNDERTAKING ON HISTORIC PROP-
ERTY.—With respect to a forest management activity car-
ried out pursuant to this Act, in taking into account the 
effect of a Federal undertaking on any historic property 
under section 306108 of title 54, United States Code, the 
Secretary concerned may, without consultation with the 
State Historic Preservation Officer, Tribal Historic Preser-
vation Officer, or any other entity— 
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(1) conduct a phased identification and evalua-
tion under section 800.4(b)(2) of title 36, Code of Fed-
eral Regulations, or successor regulation; and 
(2) with respect to the phased identification and 
evaluation described in paragraph (1), apply the cri-
teria of adverse effect consistent with phased identi-
fication and evaluation under section 800.5(a)(3) of 
title 36, Code of Federal Regulations, or successor reg-
ulation. 
(b) EXPEDITED CONSULTATION.— 
(1) IN GENERAL.—In the case of a forest man-
agement activity carried out pursuant to this Act that 
is not the subject of a phased identification and eval-
uation under subsection (a), consultation under sec-
tion 106 of the National Historic Preservation Act 
(54 U.S.C. 306108) shall be concluded within the 90- 
day period beginning on the date on which such con-
sultation was requested by the Secretary concerned. 
(2) NO CONCLUSION.—In the case of a consulta-
tion described in paragraph (1) that is not concluded 
within the 90-day period, the forest management ac-
tivity for which such consultation was initiated— 
(A) shall be considered to have not violated 
section 106 of the National Historic Preservation 
Act (54 U.S.C. 306108); and 
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