II 
Calendar No. 634 
114TH CONGRESS 
2D SESSION 
H. R. 2647 
IN THE SENATE OF THE UNITED STATES 
JULY 13, 2015 
Received; read twice and referred to the Committee on Agriculture, Nutrition, 
and Forestry 
SEPTEMBER 19, 2016 
Reported by Mr. ROBERTS, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Resilient Federal Forests Act of 2015’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAIL-
ABILITY OF CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST 
MANAGEMENT ACTIVITIES 
Sec. 101. Analysis of only two alternatives (action versus no action) in proposed 
collaborative forest management activities. 
Sec. 102. Categorical exclusion to expedite certain critical response actions. 
Sec. 103. Categorical exclusion to expedite salvage operations in response to 
catastrophic events. 
Sec. 104. Categorical exclusion to meet forest plan goals for early successional 
forests. 
Sec. 105. Clarification of existing categorical exclusion authority related to in-
sect and disease infestation. 
Sec. 106. Categorical exclusion to improve, restore, and reduce the risk of wild-
fire. 
Sec. 107. Compliance with forest plan. 
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. 
Sec. 204. Exclusion of certain lands. 
TITLE III—COLLABORATIVE PROJECT LITIGATION REQUIREMENT 
Sec. 301. Definitions. 
Sec. 302. Bond requirement as part of legal challenge of certain forest manage-
ment 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. 
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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. 
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. 
TITLE VIII—MISCELLANEOUS FOREST MANAGEMENT PROVISIONS 
Sec. 801. Balancing short- and long-term effects of forest management activi-
ties in considering injunctive relief. 
Sec. 802. Conditions on Forest Service road decommissioning. 
Sec. 803. Prohibition on application of Eastside Screens requirements on Na-
tional Forest System lands. 
Sec. 804. Use of site-specific forest plan amendments for certain projects and 
activities. 
Sec. 805. Knutson-Vandenberg Act modifications. 
Sec. 806. Exclusion of certain National Forest System lands and public lands. 
Sec. 807. Application of Northwest Forest Plan Survey and Manage Mitigation 
Measure Standard and Guidelines. 
Sec. 808. Management of Bureau of Land Management lands in western Or-
egon. 
Sec. 809. Bureau of Land Management resource management plans. 
Sec. 810. Landscape-scale forest restoration project. 
TITLE IX—MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND 
Sec. 901. Wildfire on Federal lands. 
Sec. 902. Declaration of a major disaster for wildfire on Federal lands. 
Sec. 903. Prohibition on transfers. 
SEC. 2. DEFINITIONS. 
In titles I through VIII: 
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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) CATEGORICAL EXCLUSION.—The term ‘‘cat-
egorical exclusion’’ refers to an exception to the re-
quirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4331 et seq.) for a project 
or activity relating to the management of National 
Forest System lands or public lands. 
(3) 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 activity is devel-
oped and implemented by the Secretary concerned 
through collaboration with interested persons, as de-
scribed in section 603(b)(1)(C) of the Healthy For-
ests
Restoration
Act
of
2003
(16
U.S.C. 
6591b(b)(1)(C)). 
(4)
COMMUNITY
WILDFIRE
PROTECTION 
PLAN.—The term ‘‘community wildfire protection 
plan’’ has the meaning given that term in section 
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101(3) of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6511(3)). 
(5) 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). 
(6)
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 in con-
cert with the forest plan covering the lands. 
(7) 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). 
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(8) 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. 
(9)
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)). 
(10)
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). 
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(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). 
(11) PUBLIC LANDS.—The term ‘‘public lands’’ 
has the meaning given that term in section 103(e) 
of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702(e)), except that the term in-
cludes Coos Bay Wagon Road Grant lands and Or-
egon and California Railroad Grant lands. 
(12)
REFORESTATION
ACTIVITY.—The
term 
‘‘reforestation activity’’ means a project or activity 
carried out by the Secretary concerned whose pri-
mary purpose is the reforestation of impacted lands 
following a large-scale catastrophic event. The term 
includes planting, evaluating and enhancing natural 
regeneration,
clearing
competing
vegetation,
and 
other activities related to reestablishment of forest 
species on the fire-impacted lands. 
(13) RESOURCE
ADVISORY
COMMITTEE.—The 
term ‘‘resource advisory committee’’ has the mean-
ing given that term in section 201(3) of the Secure 
Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7121(3)). 
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(14) SALVAGE OPERATION.—The term ‘‘salvage 
operation’’ means a forest management activity un-
dertaken in response to a catastrophic event whose 
primary purpose— 
(A) is 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) is to provide an opportunity for utiliza-
tion of forest materials damaged as a result of 
the catastrophic event; or 
(C) is to provide a funding source for re-
forestation and other restoration activities for 
the National Forest System lands or public 
lands impacted by the catastrophic event. 
(15)
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. 
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TITLE
I—EXPEDITED
ENVIRON-
MENTAL
ANALYSIS
AND 
AVAILABILITY
OF
CATEGOR-
ICAL EXCLUSIONS TO EXPE-
DITE
FOREST
MANAGEMENT 
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(2) 
of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)) for a forest management activity that— 
(1) is developed through a collaborative process; 
(2) is proposed by a resource advisory com-
mittee; or 
(3) 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 
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study, develop, and describe only the following two alter-
natives: 
(1) The forest management activity, as pro-
posed pursuant to paragraph (1), (2), or (3) of sub-
section (a). 
(2) The alternative of no action. 
(c) ELEMENTS OF NON-ACTION ALTERNATIVE.—In 
the case of the alternative of no action, the Secretary con-
cerned shall evaluate— 
(1) the effect of no action on— 
(A) forest health; 
(B) habitat diversity; 
(C) wildfire potential; and 
(D) insect and disease potential; and 
(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 costs; 
(B) wildlife habitat loss; and 
(C) other economic and social factors. 
SEC. 102. CATEGORICAL EXCLUSION TO EXPEDITE CER-
TAIN CRITICAL RESPONSE ACTIONS. 
(a) AVAILABILITY OF CATEGORICAL EXCLUSION.—A 
categorical exclusion is available to the Secretary con-
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cerned to develop and carry out a forest management ac-
tivity on National Forest System lands or public lands 
when the primary purpose of the forest management activ-
ity 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; or 
(6) any combination of the purposes specified in 
paragraphs (1) through (5). 
(b) 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 granted by subsection (a) may not 
contain harvest units exceeding a total of 5,000 
acres. 
(2) LARGER
AREAS
AUTHORIZED.—A forest 
management activity covered by the categorical ex-
clusion granted by subsection (a) may not contain 
harvest units exceeding a total of 15,000 acres if the 
forest management activity— 
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(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. 103. CATEGORICAL EXCLUSION TO EXPEDITE SAL-
VAGE OPERATIONS IN RESPONSE TO CATA-
STROPHIC EVENTS. 
(a) AVAILABILITY OF CATEGORICAL EXCLUSION.—A 
categorical exclusion is available to the Secretary con-
cerned to develop and carry out a salvage operation as 
part of the restoration of National Forest System lands 
or public lands following a catastrophic event. 
(b) ACREAGE LIMITATIONS.— 
(1) IN GENERAL.—A salvage operation covered 
by the categorical exclusion granted by subsection 
(a) may not contain harvest units exceeding a total 
of 5,000 acres. 
(2) HARVEST AREA.—In addition to the limita-
tion imposed by paragraph (1), the harvest units 
covered by the categorical exclusion granted by sub-
section (a) may not exceed one-third of the area im-
pacted by the catastrophic event. 
(c) ADDITIONAL REQUIREMENTS.— 
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(1) ROAD BUILDING.—A salvage operation cov-
ered by the categorical exclusion granted by sub-
section (a) may not include any new permanent 
roads. Temporary roads constructed as part of the 
salvage operation shall be retired before the end of 
the fifth fiscal year beginning after the completion 
of the salvage operation. 
(2) STREAM
BUFFERS.—A salvage operation 
covered by the categorical exclusion granted by sub-
section (a) shall comply with the standards and 
guidelines for stream buffers contained in the appli-
cable forest plan unless waived by the Regional For-
ester, in the case of National Forest System lands, 
or the State Director of the Bureau of Land Man-
agement, in the case of public lands. 
(3)
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 
granted by subsection (a). 
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SEC.
104.
CATEGORICAL
EXCLUSION
TO
MEET
FOREST 
PLAN
GOALS
FOR
EARLY
SUCCESSIONAL 
FORESTS. 
(a) AVAILABILITY OF CATEGORICAL EXCLUSION.—A 
categorical exclusion is available to the Secretary con-
cerned to develop and carry out a forest management ac-
tivity on National Forest System lands or public lands 
when the primary purpose of the forest management activ-
ity is to modify, improve, enhance, or create early succes-
sional forests for wildlife habitat improvement and other 
purposes, consistent with the applicable forest plan. 
(b) 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. 
(c) ACREAGE LIMITATIONS.—A forest management 
activity covered by the categorical exclusion granted by 
subsection (a) may not contain harvest units exceeding a 
total of 5,000 acres. 
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SEC. 105. CLARIFICATION OF EXISTING CATEGORICAL EX-
CLUSION AUTHORITY RELATED TO INSECT 
AND DISEASE INFESTATION. 
Section 603(c)(2)(B) of the Healthy Forests Restora-
tion Act of 2003 (16 U.S.C. 6591b(c)(2)(B)) is amended 
by striking ‘‘Fire Regime Groups I, II, or III’’ and insert-
ing ‘‘Fire Regime I, Fire Regime II, Fire Regime III, or 
Fire Regime IV’’. 
SEC.
106.
CATEGORICAL
EXCLUSION
TO
IMPROVE,
RE-
STORE, AND REDUCE THE RISK OF WILDFIRE. 
(a) AVAILABILITY OF CATEGORICAL EXCLUSION.—A 
categorical exclusion is available to the Secretary con-
cerned to carry out a forest management activity described 
in subsection (c) on National Forest System Lands or 
public lands when the primary purpose of the activity is 
to improve, restore, or reduce the risk of wildfire on those 
lands. 
(b) ACREAGE LIMITATIONS.—A forest management 
activity covered by the categorical exclusion granted by 
subsection (a) may not exceed 5,000 acres. 
(c) AUTHORIZED ACTIVITIES.—The following activi-
ties may be carried out using a categorical exclusion 
granted by subsection (a): 
(1) Removal of juniper trees, medusahead rye, 
conifer trees, pin˜on pine trees, cheatgrass, and other 
noxious or invasive weeds specified on Federal or 
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State noxious weeds lists through late-season live-
stock grazing, targeted livestock grazing, prescribed 
burns, and mechanical treatments. 
(2) Performance of hazardous fuels manage-
ment. 
(3) Creation of fuel and fire breaks. 
(4) Modification of existing fences in order to 
distribute livestock and help improve wildlife habitat. 
(5) Installation of erosion control devices. 
(6) Construction of new and maintenance of 
permanent infrastructure, including stock ponds, 
water catchments, and water spring boxes used to 
benefit livestock and improve wildlife habitat. 
(7) Performance of soil treatments, native and 
non-native seeding, and planting of and trans-
planting sagebrush, grass, forb, shrub, and other 
species. 
(8) Use of herbicides, so long as the Secretary 
concerned determines that the activity is otherwise 
conducted consistently with agency procedures, in-
cluding any forest plan applicable to the area cov-
ered by the activity. 
(d) DEFINITIONS.—In this section: 
(1) HAZARDOUS
FUELS
MANAGEMENT.—The 
term ‘‘hazardous fuels management’’ means any 
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vegetation management activities that reduce the 
risk of wildfire. 
(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. 
SEC. 107. COMPLIANCE WITH FOREST PLAN. 
A forest management activity covered by a categorical 
exclusion granted by this title shall be conducted in a man-
ner consistent with the forest plan applicable to the Na-
tional Forest System land or public lands covered by the 
forest management activity. 
TITLE II—SALVAGE AND REFOR-
ESTATION
IN
RESPONSE
TO 
CATASTROPHIC EVENTS 
SEC. 201. EXPEDITED SALVAGE OPERATIONS AND REFOR-
ESTATION
ACTIVITIES
FOLLOWING
LARGE- 
SCALE CATASTROPHIC EVENTS. 
(a) EXPEDITED ENVIRONMENTAL ASSESSMENT.— 
Notwithstanding any other provision of law, any environ-
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