I 
118TH CONGRESS 
1ST SESSION H. R. 4228 
To restore employment and educational opportunities in, and improve the 
economic stability of, counties containing National Forest System land, 
while also reducing Forest Service management costs, by ensuring that 
such counties have a dependable source of revenue from timber sales 
conducted on National Forest System land, to reduce payments under 
the Secure Rural Schools and Community Self-Determination Act of 
2000 to reflect such counties’ receipt of timber sale revenues, to strength-
en stewardship end result contracting, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 20, 2023 
Mrs. RODGERS of Washington introduced the following bill; which was referred 
to the Committee on Agriculture, and in addition to the Committee on 
Natural Resources, 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 committee concerned 
A BILL 
To restore employment and educational opportunities in, and 
improve the economic stability of, counties containing 
National Forest System land, while also reducing Forest 
Service management costs, by ensuring that such coun-
ties have a dependable source of revenue from timber 
sales conducted on National Forest System land, to re-
duce payments under the Secure Rural Schools and Com-
munity Self-Determination Act of 2000 to reflect such 
counties’ receipt of timber sale revenues, to strengthen 
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stewardship end result contracting, and for other pur-
poses. 
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 
‘‘Fostering Opportunities for Resources and Education 
Spending through Timber Sales Act of 2023’’ or the 
‘‘FORESTS Act of 2023’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Purposes. 
TITLE I—FOREST ACTIVE MANAGEMENT AREAS 
Sec. 101. Definitions. 
Sec. 102. Establishment of Forest Active Management Areas and annual vol-
ume requirements. 
Sec. 103. Management of Forest Active Management Areas. 
Sec. 104. Environmental analysis process for covered active management 
projects. 
Sec. 105. Expedited compliance with Endangered Species Act. 
Sec. 106. Administrative review. 
Sec. 107. Use of arbitration instead of litigation to address challenge to covered 
active management project developed through collaborative 
process. 
Sec. 108. Distribution of forest active management revenues. 
Sec. 109. Annual report. 
TITLE II—TRANSITION OF SECURE RURAL SCHOOLS AND COM-
MUNITY SELF-DETERMINATION ACT OF 2000 AND 25-PERCENT 
PAYMENTS 
Sec. 201. Prohibition on State retention of portion of 25-percent payments 
made on behalf of beneficiary counties. 
TITLE III—STEWARDSHIP END RESULT CONTRACTING 
AUTHORITY 
Sec. 301. Maximum authorized duration of stewardship end result contracts. 
Sec. 302. Payment of portion of stewardship project revenues to county in 
which stewardship project occurs. 
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Sec. 303. Use of contractors to perform environmental analysis in connection 
with stewardship end result contracting projects. 
TITLE IV—OTHER MATTERS 
Sec. 401. Treatment as supplemental funding. 
Sec. 402. Definition of fire suppression to include certain related activities. 
Sec. 403. Prohibition on certain actions regarding Forest Service roads and 
trails. 
SEC. 2. PURPOSES. 
The purposes of this Act are as follows: 
(1) To restore employment and educational op-
portunities in, and improve the economic stability of, 
counties containing National Forest System land. 
(2) To ensure that such counties have a de-
pendable source of revenue from National Forest 
System land. 
(3) To reduce Forest Service management costs 
while also ensuring the protection of United States 
forest resources. 
(4) To reduce the frequency and severity of cat-
astrophic wildfires on Federal lands. 
TITLE I—FOREST ACTIVE 
MANAGEMENT AREAS 
SEC. 101. DEFINITIONS. 
In this title: 
(1) ANNUAL VOLUME REQUIREMENT.— 
(A) IN GENERAL.—The term ‘‘annual vol-
ume requirement’’, with respect to a Forest Ac-
tive Management Area, means, the annual vol-
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ume of national forest materials from such For-
est Active Management Area that, subject to an 
adjustment pursuant to section 102(e)(2), is 
equal to or greater than— 
(i) the allowable sale quantity estab-
lished in the applicable forest plan for such 
Area, 
(ii) divided by 10. 
(B) EXCLUSIONS.—In determining the vol-
ume of national forest materials or the sus-
tained yield of a Forest Active Management 
Area, the Secretary may not include non-com-
mercial post and pole sales and personal use 
firewood. 
(2) BENEFICIARY COUNTY.—The term ‘‘bene-
ficiary county’’ means a political subdivision of a 
State that, on account of containing National Forest 
System land, was eligible to receive payments for 
any of the fiscal years 2001 through 2015 through 
the State under title I of the Secure Rural Schools 
and Community Self-Determination Act of 2000 (16 
U.S.C. 7111 et seq.). 
(3) COLLABORATIVE PROCESS.—The term ‘‘col-
laborative process’’ refers to a planning, decision-
making, and management process that, as deter-
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mined by the forest manager of the unit of the Na-
tional Forest System for which the process will occur 
and as confirmed by the Regional Forester— 
(A) includes multiple interested persons 
representing diverse interests; and 
(B) is transparent and nonexclusive or 
meets the requirements for a resource advisory 
committee under subsections (c) through (f) of 
section 205 of the Secure Rural Schools and 
Community Self-Determination Act of 2000 (16 
U.S.C. 7125). 
(4) 
COVERED
ACTIVE
MANAGEMENT 
PROJECT.—The terms ‘‘covered active management 
project’’ and ‘‘covered project’’ mean a project in-
volving the management or sale of national forest 
materials within a Forest Active Management Area 
to generate forest active management revenues and 
achieve the annual volume requirement for the For-
est Active Management Area. 
(5) FOREST ACTIVE MANAGEMENT AREA.— 
(A) IN GENERAL.—The term ‘‘Forest Ac-
tive Management Area’’ means National Forest 
System land in a unit of the National Forest 
System that has been identified in the 5-year 
period preceding the date of such identification 
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as being overstocked based off of basal area or 
at risk of wildfire and suitable for timber pro-
duction. 
(B) EXCLUSIONS.—A Forest Active Man-
agement Area may not include National Forest 
System land— 
(i) that is a component of the Na-
tional Wilderness Preservation System; 
(ii) on which the removal of vegetation 
is specifically prohibited by Federal stat-
ute; or 
(iii) that is included within a National 
Monument as of the date of the enactment 
of this Act. 
(6) FOREST
ACTIVE
MANAGEMENT
REVE-
NUES.—The term ‘‘forest active management reve-
nues’’ means revenues derived from the sale of na-
tional forest materials in a Forest Active Manage-
ment Area. 
(7) 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)). 
(8) NATIONAL
FOREST
SYSTEM.—The term 
‘‘National Forest System’’ has the meaning given 
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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). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(10) SUSTAINED YIELD.—The term ‘‘sustained 
yield’’ means the maximum annual growth potential 
of a forest calculated on the basis of the culmination 
of mean annual increment using cubic measurement. 
(11) STATE.—The term ‘‘State’’ includes the 
Commonwealth of Puerto Rico. 
(12) 25-PERCENT
PAYMENT.—The term ‘‘25- 
percent payment’’ means the payment to States re-
quired by the sixth paragraph under the heading of 
‘‘FOREST SERVICE’’ in the Act of May 23, 1908 
(35 Stat. 260; 16 U.S.C. 500), and section 13 of the 
Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 
500). 
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SEC. 102. ESTABLISHMENT OF FOREST ACTIVE MANAGE-
MENT AREAS AND ANNUAL VOLUME RE-
QUIREMENTS. 
(a) ESTABLISHMENT OF FOREST ACTIVE MANAGE-
MENT AREAS.—Notwithstanding any other provision of 
law, the Secretary shall establish one or more Forest Ac-
tive Management Areas within each unit of the National 
Forest System. 
(b) DEADLINE
FOR ESTABLISHMENT.—The Sec-
retary shall complete the establishment of Forest Active 
Management Areas not later than 60 days after the date 
of the enactment of this Act. 
(c) PURPOSE.—The purpose of a Forest Active Man-
agement Area is to provide a dependable source of 25- 
percent payments and economic activity through sustain-
able forest management for each beneficiary county con-
taining National Forest System land included within that 
Forest Active Management Area. 
(d) FIDUCIARY
RESPONSIBILITY.—The Secretary 
shall have a fiduciary responsibility to beneficiary counties 
to manage a Forest Active Management Area to satisfy 
the annual volume requirement established for that Forest 
Active Management Area. 
(e) ANNUAL VOLUME REQUIREMENT.— 
(1) DEADLINE
FOR
ESTABLISHMENT.—Not 
later than 30 days after the date of the establish-
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ment of a Forest Active Management Area, the Sec-
retary shall establish the annual volume requirement 
for that Forest Active Management Area. 
(2) COLLABORATIVE
ADJUSTMENT
AUTHOR-
ITY.— 
(A) IN
GENERAL.—The Secretary shall 
make publicly available the annual volume re-
quirement for a Forest Active Management 
Area. 
(B) PETITION
FOR
ADJUSTMENT.—Not 
later than 30 days after an annual volume re-
quirement for a Forest Management Area is 
made publicly available under subparagraph 
(A), a forest management collaborative located 
in the same Forest Service region as the Forest 
Active Management Area may petition the Sec-
retary to adjust such annual volume require-
ment. 
(C) DETERMINATION.—In the case of a 
petition under subparagraph (B), the Secretary 
shall make a determination on such petition not 
later than 60 days after receiving such petition. 
(f) SIZE OF FOREST ACTIVE MANAGEMENT AREA.— 
(1) MINIMUM
SIZE.—Except as provided in 
paragraph (3), the Forest Active Management Areas 
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established within a unit of the National Forest Sys-
tem shall include not less than 50 percent of the Na-
tional Forest System lands in that unit identified as 
commercial forest land capable of producing twenty 
cubic feet of timber per acre. 
(2) REDUCTION PROHIBITED.—Except as pro-
vided in paragraph (3), once a Forest Active Man-
agement Area is established, the Secretary may not 
reduce the number of acres of National Forest Sys-
tem land included in that Forest Active Management 
Area. 
(3) COLLABORATIVE
ADJUSTMENT
AUTHOR-
ITY.—The Secretary may reduce the number of 
acres of National Forest System land included in a 
Forest Active Management Area, including an acre-
age reduction resulting in the inclusion of a quantity 
of commercial forest land below the percentage re-
quired by paragraph (1) and section 101(5)(B), if 
the reduction is developed and agreed upon through 
a collaborative process. 
(g) MAP.—The Secretary shall submit a map of all 
Forest Active Management Areas established under sub-
section (a) and a map of any Forest Active Management 
Area whose acreage is adjusted made pursuant to sub-
section (f)(3)— 
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(1) to the Committee on Agriculture and the 
Committee on Natural Resources of the House of 
Representatives; and 
(2) to the Committee on Agriculture, Nutrition, 
and Forestry and the Committee on Energy and 
Natural Resources of the Senate. 
(h) 
RECOGNITION
OF
VALID
AND
EXISTING 
RIGHTS.—Neither the establishment of Forest Active 
Management Areas under subsection (a) nor any other 
provision of this title shall be construed to limit or re-
strict— 
(1) access to National Forest System land for 
hunting, fishing, recreation, and other related pur-
poses; or 
(2) valid and existing rights regarding National 
Forest System land, including rights of any federally 
recognized Indian tribe. 
SEC. 103. MANAGEMENT OF FOREST ACTIVE MANAGEMENT 
AREAS. 
(a) REQUIREMENT TO ACHIEVE ANNUAL VOLUME 
REQUIREMENT.—Immediately upon the establishment of 
a Forest Active Management Area, the Secretary shall 
manage the Forest Active Management Area in the man-
ner necessary to achieve the annual volume requirement 
for the Forest Active Management Area. Not later than 
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1 year after the date of the enactment of this Act, the 
Secretary shall commence covered active management 
projects to begin generating forest active management rev-
enues. 
(b) STANDARDS FOR PROJECTS WITHIN FOREST AC-
TIVE MANAGEMENT AREAS.—The Secretary shall conduct 
covered active management projects within Forest Active 
Management Areas in accordance with this section and 
sections 104 and 105, which shall serve as the sole means 
by which the Secretary will comply with the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) 
and other laws applicable to the covered projects. 
(c) USE OF COLLABORATIVE PROCESS.—The Sec-
retary is authorized and encouraged to develop covered ac-
tive management projects for a Forest Active Management 
Area through a collaborative process. The decision notice 
for a covered active management project shall describe the 
collaborative process by which the project was developed, 
including a description of— 
(1) participation by or consultation with State, 
local, and tribal governments; and 
(2) any established record of successful collabo-
rative planning and implementation of forest man-
agement projects by the collaborators. 
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(d) USE OF CONTRACTORS TO PERFORM ENVIRON-
MENTAL ANALYSIS.— 
(1) IN GENERAL.—As part of a covered active 
management project, or as a separate agreement or 
contract in connection with one or more covered ac-
tive management projects, the Secretary may pro-
cure the services of persons who are not Federal em-
ployees to perform activities necessary to ensure 
project for compliance with the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4331 et seq.) 
and the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.). 
(2) APPROVAL
REQUIREMENT.—Services per-
formed under this subsection are subject to approval 
by the Chief of the Forest Service or other respon-
sible official of the Forest Service. 
(3) FUNDING SOURCE.—As provided in section 
108(c)(2), the Secretary shall use forest active man-
agement revenues to cover the cost of services pro-
cured under this subsection. 
(e) APPLICATION OF LAND AND RESOURCE MANAGE-
MENT PLAN.— 
(1) MODIFICATION AUTHORITY.—The Secretary 
may modify the standards and guidelines contained 
in the land and resource management plan for the 
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unit of the National Forest System in which the cov-
ered active management project will be carried out 
as necessary to achieve the requirements of this Act. 
(2) 
HARVESTING
SYSTEM.—Section 
6(g)(3)(E)(iv) of the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 U.S.C. 
1604(g)(3)(E)(iv)) shall not apply to a covered ac-
tive management project. 
(f) USE OF ALL-TERRAIN VEHICLES FOR MANAGE-
MENT ACTIVITIES.—The Secretary may allow the use of 
all-terrain vehicles within the Forest Active Management 
Areas for the purpose of activities associated with the sale 
of national forest materials in a Forest Active Manage-
ment Area. 
SEC. 104. ENVIRONMENTAL ANALYSIS PROCESS FOR COV-
ERED ACTIVE MANAGEMENT PROJECTS. 
(a) ENVIRONMENTAL ASSESSMENT.—Except in the 
case of a covered active management project for which a 
categorical exclusion is available under subsection (e) or 
a Forest Active Management Area for which a pro-
grammatic environmental impact statement is in effect 
under subsection (f), the Secretary shall— 
(1) publish advance notice of each covered ac-
tive management project proposed to be conducted 
within a Forest Active Management Area; and 
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(2) complete an environmental assessment pur-
suant to section 102(2) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)) for 
the proposed covered active management project. 
(b) NO ALTERNATIVE VERSION.—The Secretary is 
not required to study, develop, or describe any alternative 
to the proposed agency action. 
(c) CUMULATIVE EFFECTS.—The Secretary shall 
consider cumulative effects solely by evaluating the im-
pacts of a proposed covered active management project 
combined with the impacts of any other projects that were 
approved with a Decision Notice or Record of Decision be-
fore the date on which the Secretary published notice of 
the proposed covered project. The cumulative effects of 
past projects may be considered in the environmental as-
sessment by using a description of the current environ-
mental conditions. 
(d) TREATMENT OF DECISION NOTICE.—The deci-
sion notice for a covered active management project shall 
be considered a final agency action and no additional anal-
ysis under the National Environmental Policy Act of 1969 
(42 U.S.C. 4331 et seq.) shall be required to implement 
any portion of the covered project. 
(e) APPLICABILITY OF NEPA.—The designation and 
management of a Forest Active Management Area under 
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this Act shall not be subject to the requirements of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4331 et seq.). 
SEC. 105. EXPEDITED COMPLIANCE WITH ENDANGERED 
SPECIES ACT. 
(a) NON-JEOPARDY ASSESSMENT.—If the Secretary 
makes a determination that a proposed covered active 
management project is not likely to jeopardize the contin-
ued existence of any species listed as endangered or 
threatened under section 4 of the Endangered Species Act 
of 1973 (16 U.S.C. 1533), the Secretary shall— 
(1) prepare an explanation of the basis for the 
determination; and 
(2) submit the determination and explanation 
to the Secretary of the Interior or the Secretary of 
Commerce, as appropriate. 
(b) REVIEW AND RESPONSE.— 
(1) IN GENERAL.—Within 30 days after receiv-
ing a determination made by the Secretary under 
subsection (a), the Secretary of the Interior or the 
Secretary of Commerce, as appropriate, shall provide 
a written response to the Secretary concurring in or 
rejecting the Secretary’s determination. 
(2) EFFECT OF REJECTION.—If the Secretary 
of the Interior or the Secretary of Commerce rejects 
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the determination made by the Secretary under sub-
section (a), the written response of the Secretary of 
the Interior or the Secretary of Commerce under 
paragraph (1) shall include recommendations for 
measures that— 
(A) will avoid the likelihood of jeopardy to 
an endangered or threatened species; 
(B) can be implemented in a manner con-
sistent with the intended purpose of the covered 
active management project; 
(C) can be implemented consistent with the 
scope of the Secretary’s legal authority and ju-
risdiction; and 
(D) are economically and technologically 
feasible. 
(c) FORMAL CONSULTATION.—In addition to rec-
ommendations made under subsection (b)(2) when the 
Secretary of the Interior or the Secretary of Commerce 
rejects a determination issued by the Secretary under sub-
section (a), the Secretary of the Interior or the Secretary 
of Commerce, as the case may be, shall engage in formal 
consultation with the Secretary pursuant to section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 1536). 
The Secretaries shall complete such consultation within 90 
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days after the submission of the written response under 
subsection (b). 
SEC. 106. ADMINISTRATIVE REVIEW. 
Administrative review of a covered active manage-
ment project shall occur only in accordance with the spe-
cial administrative review process and requirements estab-
lished under section 105 of the Healthy Forests Restora-
tion Act of 2003 (16 U.S.C. 6515), including the project- 
level predecisional administrative review process estab-
lished in part 218 of title 36, Code of Federal Regulations. 
SEC. 107. USE OF ARBITRATION INSTEAD OF LITIGATION 
TO ADDRESS CHALLENGE TO COVERED AC-
TIVE MANAGEMENT PROJECT DEVELOPED 
THROUGH COLLABORATIVE PROCESS. 
(a) ARBITRATION PROCESS.— 
(1) IN GENERAL.—In the case of a covered ac-
tive management project that was developed through 
a collaborative process, any challenge to the covered 
project made after the special administrative review 
process required by section 106 shall be addressed 
using arbitration consistent with this section instead 
of through judicial review. 
(2) WHO MAY SEEK.—Any person who sought 
administrative review for the covered project de-
scribed in paragraph (1) and who is not satisfied 
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with the decision made under the administrative re-
view process may file a demand for arbitration re-
garding the covered project in accordance with chap-
ter 1 of title 9, United States Code. 
(b) REQUIREMENTS FOR DEMAND.—The demand for 
arbitration under subsection (a)(2) shall— 
(1) be filed not more than 30 days after the 
date on which the administrative review decision was 
issued; and 
(2) include a proposal describing the modifica-
tions sought to the covered project. 
(c) INTERVENING PARTIES.— 
(1) REQUIREMENTS.—Any person that sub-
mitted a public comment on the covered active man-
agement project subject to arbitration may intervene 
in the arbitration— 
(A) by endorsing the covered project or the 
modification proposal submitted under sub-
section (b)(2); or 
(B) by submitting a proposal to further 
modify the covered project. 
(2) DEADLINE FOR SUBMISSION.—A request to 
intervene in an arbitration must be submitted not 
later than the date that is 30 days after the date on 
which the demand for arbitration was filed. 
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(3) MULTIPLE PARTIES.—Multiple objectors or 
intervening parties may submit a joint proposal so 
long as each objector or intervening party meets the 
eligibility requirements of subsection (a)(2) or para-
graph (1), whichever applies. 
(d) APPOINTMENT
OF ARBITRATOR.—The United 
States District Court in the district in which the covered 
active management project is located shall appoint the ar-
bitrator to conduct the arbitration proceedings in accord-
ance with this section and chapter 1 of title 9, United 
States Code. 
(e) SELECTION OF PROPOSALS.— 
(1) IN
GENERAL.—The arbitrator appointed 
under subsection (d)— 
(A) may not modify any of the proposals 
submitted with the demand for arbitration or a 
request to intervene; and 
(B) shall select to be conducted— 
(i) a proposal submitted by an objec-
tor or an intervening party; or 
(ii) the covered active management 
project, as approved by the Secretary. 
(2) SELECTION CRITERIA.—An arbitrator shall 
select the proposal that best meets the purpose and 
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needs described in the environmental analysis con-
ducted for the covered project. 
(f) EFFECT OF DECISION.—The decision of an arbi-
trator with respect to the covered active management 
project— 
(1) shall not be considered a major Federal ac-
tion; 
(2) shall be binding; and 
(3) shall not be subject to judicial review. 
(g) DEADLINE FOR COMPLETION.—Not later than 90 
days after the date on which the demand for arbitration 
is filed with respect to the covered active management 
project, the arbitration process shall be completed. 
SEC. 108. DISTRIBUTION OF FOREST ACTIVE MANAGEMENT 
REVENUES. 
(a) USE TO MAKE 25-PERCENT PAYMENTS.—The 
Secretary shall use forest active management revenues 
generated by covered active management projects to make 
25-percent payments to States for payment to beneficiary 
counties. 
(b) RELATION
TO
PAYMENTS
UNDER
SECURE 
RURAL SCHOOLS
AND COMMUNITY SELF-DETERMINA-
TION ACT OF 2000.—Subject to the offset required by 
subsection (f) of section 102 of the Secure Rural Schools 
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and Community Self-Determination Act of 2000 (16 
U.S.C. 7112), a beneficiary county may receive both— 
(1) a share of the 25-percent payments made to 
a State under subsection (a); and 
(2) a share of the payment for the State 
(known as the State payment) calculated under sec-
tion 101(a) of the Secure Rural Schools and Com-
munity Self-Determination Act of 2000 (16 U.S.C. 
7111(a)) for which the beneficiary county made an 
election (or was deemed to make an election) under 
section 
102(b)(1) 
of 
such 
Act 
(16 
U.S.C. 
7112(b)(1)). 
(c) OTHER USES OF REVENUES.—After compliance 
with subsection (a), the Secretary shall use forest active 
management revenues— 
(1) to make deposits into the fund established 
under section 3 of the Act of June 9, 1930 (16 
U.S.C. 576b; commonly known as the Knutson-Van-
denberg Fund), and the fund established under sec-
tion 14(h) of the National Forest Management Act 
of 1976 (16 U.S.C. 472a(h); commonly known as 
the salvage sale fund) in contributions equal to the 
monies otherwise collected under those Acts for 
projects conducted on National Forest System land; 
and 
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(2) to cover the cost of project services pro-
cured under section 103(d). 
(d) DEPOSIT IN GENERAL FUND OF THE TREAS-
URY.—After compliance with subsections (a) and (c), the 
Secretary shall deposit remaining forest active manage-
ment revenues into the general fund of the Treasury. 
SEC. 109. ANNUAL REPORT. 
(a) REPORT REQUIRED.—Not later than 60 days 
after the end of each fiscal year, the Secretary shall sub-
mit to Congress an annual report specifying the following: 
(1) The annual volume requirement in effect for 
that fiscal year for each Forest Active Management 
Area. 
(2) The volume of board feet actually harvested 
for each Forest Active Management Area during 
that fiscal year. 
(3) The average cost of preparation for timber 
sales for each Forest Active Management Area dur-
ing that fiscal year. 
(4) The forest active management revenues 
generated from such sales. 
(5) The total amount of 25-percent payments 
made to States under section 108(a) during that fis-
cal year for the benefit of beneficiary counties and 
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the amount of forest active management revenues 
distributed to each beneficiary county. 
(b) FORM OF REPORT.—The information required by 
subsection (a) to be provided with respect to a Forest Ac-
tive Management Area shall be presented on a single page. 
(c) PUBLIC
AVAILABILITY.—The Secretary shall 
make each annual report available on the website of the 
Forest Service. 
TITLE II—TRANSITION OF SE-
CURE RURAL SCHOOLS AND 
COMMUNITY 
SELF-DETER-
MINATION ACT OF 2000 AND 
25-PERCENT PAYMENTS 
SEC. 201. PROHIBITION ON STATE RETENTION OF PORTION 
OF 25-PERCENT PAYMENTS MADE ON BEHALF 
OF BENEFICIARY COUNTIES. 
(a) AMENDMENT OF ACT OF MAY 23, 1908.—The 
sixth paragraph under the heading ‘‘FOREST SERV-
ICE’’ in the Act of May 23, 1908 (16 U.S.C. 500), is 
amended in the first sentence by striking ‘‘situated: Pro-
vided, That when’’ and inserting the following: ‘‘situated. 
Beginning on the date of the enactment of the FORESTS 
Act of 2023, the State or Territorial legislature may not 
withhold any of the amount paid under this paragraph 
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from distribution to the county or counties in which the 
national forest is situated. When’’. 
(b) CONFORMING AMENDMENT TO WEEKS LAW.— 
Section 13 of the Act of March 1, 1911 (commonly known 
as the Weeks Law; 16 U.S.C. 500), is amended in the 
first sentence by striking ‘‘situated: Provided, That when’’ 
and inserting the following: ‘‘situated. Beginning on the 
date of the enactment of the FORESTS Act of 2023, the 
State legislature may not withhold any of the amount paid 
under this section from distribution to the county or coun-
ties in which such national forest is situated. When’’. 
TITLE 
III—STEWARDSHIP 
END 
RESULT 
CONTRACTING 
AU-
THORITY 
SEC. 301. MAXIMUM AUTHORIZED DURATION OF STEWARD-
SHIP END RESULT CONTRACTS. 
Section 604(d)(3)(B) of the Healthy Forests Restora-
tion Act of 2003 (16 U.S.C. 6591c(d)(3)(B)) is amended 
by striking ‘‘10 years’’ and inserting ‘‘20 years’’. 
SEC. 
302. 
PAYMENT 
OF 
PORTION 
OF 
STEWARDSHIP 
PROJECT REVENUES TO COUNTY IN WHICH 
STEWARDSHIP PROJECT OCCURS. 
Section 604(e) of the Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6591c(e)) is amended by adding 
at the end the following new paragraph: 
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‘‘(4) PAYMENT OF PORTION OF STEWARDSHIP 
PROJECT REVENUES TO COUNTIES.—Of the monies 
retained under paragraph (2) from an agreement or 
contract under subsection (b), the Chief or the Di-
rector, as the case may be, shall pay 25 percent of 
the retained monies to the county or counties in 
which the project site is situated.’’. 
SEC. 303. USE OF CONTRACTORS TO PERFORM ENVIRON-
MENTAL ANALYSIS IN CONNECTION WITH 
STEWARDSHIP END RESULT CONTRACTING 
PROJECTS. 
Section 604(b) of the Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6591c(b)) is amended— 
(1) by striking ‘‘The Chief’’ and inserting the 
following: 
‘‘(1) PROJECT AUTHORITY.—The Chief’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) RELATED
PROJECT
PREPARATION
AU-
THORITY.— 
‘‘(A) IN GENERAL.—As part of an agree-
ment or contract under paragraph (1) for a 
stewardship contracting project, or as a sepa-
rate agreement or contract in connection with 
one or more stewardship contracting projects, 
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the Chief or Director may procure the services 
of persons who are not Federal employees to 
perform activities necessary to ensure project 
for compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4331 et seq.) 
and the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.). 
‘‘(B) APPROVAL REQUIREMENT.—Services 
performed under this paragraph are subject to 
approval by the Chief, Director, or other re-
sponsible official of the Forest Service or Bu-
reau of Land Management. 
‘‘(C) FUNDING SOURCES.—The offset au-
thority provided by subsection (d)(4)(A) and re-
ceipts available for expenditure under sub-
section (e)(2)(B) may be used to cover the cost 
of services procured under this paragraph.’’. 
TITLE IV—OTHER MATTERS 
SEC. 401. TREATMENT AS SUPPLEMENTAL FUNDING. 
None of the funds made available to a beneficiary 
county (as defined in section 101(2) of this Act) or other 
political subdivision of a State under this Act shall be used 
in lieu of or to otherwise offset State funding sources for 
local schools, facilities, or educational purposes. 
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SEC. 402. DEFINITION OF FIRE SUPPRESSION TO INCLUDE 
CERTAIN RELATED ACTIVITIES. 
For purposes of utilizing amounts made available to 
the Secretary of Agriculture or the Secretary of the Inte-
rior for fire suppression activities, including funds made 
available from the FLAME Fund, the term ‘‘fire suppres-
sion’’ includes reforestation, site rehabilitation, salvage op-
erations, and replanting occurring following fire damage 
on lands under the jurisdiction of the Secretary concerned 
or following fire suppression efforts on such lands by the 
Secretary concerned. 
SEC. 403. PROHIBITION ON CERTAIN ACTIONS REGARDING 
FOREST SERVICE ROADS AND TRAILS. 
The Forest Service shall not remove or otherwise 
eliminate or obliterate any legally created road or trail un-
less there has been a specific decision, which included ade-
quate and appropriate public involvement, to decommis-
sion the specific road or trail in question. The fact that 
any road or trail is not a Forest System road or trail, 
or does not appear on a Motor Vehicle Use Map, shall 
not constitute a decision. 
Æ 
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