I 
116TH CONGRESS 
1ST SESSION H. R. 2607 
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 
MAY 8, 2019 
Mr. WESTERMAN (for himself, Mr. BISHOP of Utah, Ms. CHENEY, Mr. COOK, 
Mr. THOMPSON of Pennsylvania, Mr. GIANFORTE, Mr. GOSAR, Mr. HUN-
TER, Mr. JOHNSON of South Dakota, Mr. LAMALFA, Mr. MCCLINTOCK, 
Mrs. RODGERS of Washington, Mr. NEWHOUSE, Mr. STEWART, Mr. TIP-
TON, Mr. WALDEN, Mr. YOUNG, Mr. FULCHER, and Mr. CURTIS) intro-
duced the following bill; which was referred to the Committee on Agri-
culture, 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 com-
mittee concerned 
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. 
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 2019’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Rule of application for National Forest System lands and public lands. 
TITLE I—EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAIL-
ABILITY OF CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST 
MANAGEMENT ACTIVITIES 
Subtitle A—Analysis of Proposed Collaborative Forest Management Activities 
Sec. 101. Analysis of only two alternatives (action versus no action) in proposed 
collaborative forest management activities. 
Subtitle B—Categorical Exclusions 
Sec. 111. Categorical exclusion to expedite certain critical response actions. 
Sec. 112. Categorical exclusion to expedite salvage operations in response to 
catastrophic events. 
Sec. 113. Categorical exclusion to meet forest plan goals for early successional 
forests. 
Sec. 114. Categorical exclusion for road side projects. 
Sec. 115. Categorical exclusion to improve or restore National Forest System 
Lands or public land or reduce the risk of wildfire. 
Sec. 116. Treatment areas. 
Sec. 117. Administrative review. 
Sec. 118. Wildfire resilience projects. 
Subtitle C—General Provisions for Forest Management Activities 
Sec. 121. Compliance with forest plans. 
Sec. 122. Consultation under the National Historic Preservation Act. 
Sec. 123. Consultation under the Endangered Species Act. 
Sec. 124. Forest management activities considered non-discretionary actions. 
TITLE II—SALVAGE AND REFORESTATION IN RESPONSE TO 
CATASTROPHIC EVENTS 
Sec. 201. Expedited salvage operations and reforestation activities following 
large-scale catastrophic events. 
Sec. 202. Compliance with forest plan. 
Sec. 203. Prohibition on restraining orders, preliminary injunctions, and injunc-
tions pending appeal. 
TITLE III—FOREST MANAGEMENT LITIGATION 
Subtitle A—General Litigation Provisions 
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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. 
TITLE V—STEWARDSHIP END RESULT CONTRACTING 
Sec. 501. Payment of portion of stewardship project revenues to county in 
which stewardship project occurs. 
Sec. 502. Fire liability provision. 
Sec. 503. Extension of stewardship contracting maximum term limits. 
TITLE VI—TRIBAL FORESTRY PARTICIPATION AND PROTECTION 
Sec. 601. Protection of Tribal forest assets through use of stewardship end re-
sult contracting and other authorities. 
Sec. 602. Management of Indian forest land authorized to include related Na-
tional Forest System lands and public lands. 
Sec. 603. Tribal forest management demonstration project. 
Sec. 604. Rule of application. 
TITLE VII— EXPEDITING INTERAGENCY CONSULTATION 
Subtitle A—Forest Plans Not Considered Major Federal Actions 
Sec. 701. Forest plans not considered major Federal actions. 
Subtitle B—Agency Consultation 
Sec. 711. Consultation under Forest and Rangeland Renewable Resources 
Planning Act of 1974. 
TITLE VIII—MISCELLANEOUS 
Subtitle A—Forest Management Provisions 
Sec. 801. Clarification of existing categorical exclusion authority related to in-
sect and disease infestation. 
Sec. 802. Revision of alternate consultation agreement regulations. 
Sec. 803. Revision of extraordinary circumstances regulations. 
Sec. 804. Conditions on Forest Service road decommissioning. 
Sec. 805. Prohibition on application of Eastside Screens requirements on Na-
tional Forest System lands. 
Sec. 806. Use of site-specific forest plan amendments for certain projects and 
activities. 
Sec. 807. Knutson-Vandenberg Act modifications. 
Sec. 808. Application of Northwest Forest Plan Survey and Manage Mitigation 
Measure Standard and Guidelines. 
Sec. 809. Reconstruction and repair included in good neighbor agreements. 
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Subtitle B—Oregon and California Railroad Grant Lands and Coos Bay 
Wagon Road Grant Lands 
Sec. 811. Amendments to the Act of August 28, 1937. 
Sec. 812. Oregon and California Railroad Grant Lands and Coos Bay Wagon 
Road Grant lands permanent rights of access. 
Sec. 813. Management of Bureau of Land Management lands in Western Or-
egon. 
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 
wave, earthquake, volcanic eruption, landslide, 
mudslide, drought, or insect or disease outbreak) or 
any fire, flood, or explosion, regardless of cause. 
(2) COLLABORATIVE PROCESS.—The term ‘‘col-
laborative process’’ refers to a process relating to the 
management of National Forest System lands or 
public lands by which a project or forest manage-
ment activity is developed and implemented by the 
Secretary concerned through collaboration with in-
terested 
persons, 
as 
described 
in 
section 
603(b)(1)(C) of the Healthy Forests Restoration Act 
of 2003 (16 U.S.C. 6591b(b)(1)(C)). 
(3) 
COMMUNITY
WILDFIRE
PROTECTION 
PLAN.—The term ‘‘community wildfire protection 
plan’’ has the meaning given that term in section 
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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 activity carried out by the Secretary concerned on 
National Forest System lands or public lands con-
sistent with the forest plan covering the lands. 
(6) FOREST
PLAN.—The term ‘‘forest plan’’ 
means— 
(A) a land use plan prepared by the Bu-
reau of Land Management for public lands pur-
suant to section 202 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 
1712); or 
(B) a land and resource management plan 
prepared by the Forest Service for a unit of the 
National Forest System pursuant to section 6 
of the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 
1604). 
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(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 
‘‘National Forest System’’ has the meaning given 
that term in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609(a)). 
(9) OREGON AND CALIFORNIA RAILROAD GRANT 
LANDS.—The term ‘‘Oregon and California Railroad 
Grant lands’’ means the following lands: 
(A) All lands in the State of Oregon re-
vested in the United States under the Act of 
June 9, 1916 (39 Stat. 218), that are adminis-
tered by the Secretary of the Interior, acting 
through the Bureau of Land Management, pur-
suant to the first section of the Act of August 
28, 1937 (43 U.S.C. 1181a). 
(B) All lands in that State obtained by the 
Secretary of the Interior pursuant to the land 
exchanges authorized and directed by section 2 
of the Act of June 24, 1954 (43 U.S.C. 1181h). 
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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). 
(10) PUBLIC LANDS.—The term ‘‘public lands’’ 
has the meaning given that term in section 103 of 
the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702), except that the term in-
cludes Coos Bay Wagon Road Grant lands and Or-
egon and California Railroad Grant lands. 
(11) REFORESTATION
ACTIVITY.—The term 
‘‘reforestation activity’’ means a project or forest 
management activity carried out by the Secretary 
concerned whose primary purpose is the reforest-
ation of impacted lands following a large-scale cata-
strophic event. The term includes planting, evalu-
ating and enhancing natural regeneration, clearing 
competing vegetation, and other activities related to 
reestablishment of forest species on the impacted 
lands. 
(12) RESOURCE
ADVISORY
COMMITTEE.—The 
term ‘‘resource advisory committee’’ has the mean-
ing given that term in section 201 of the Secure 
Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7121). 
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(13) SALVAGE OPERATION.—The term ‘‘salvage 
operation’’ means a forest management activity and 
restoration activities carried out in response to a 
catastrophic event where the primary purpose is— 
(A) to prevent wildfire as a result of the 
catastrophic event, or, if the catastrophic event 
was wildfire, to prevent a re-burn of the fire-im-
pacted area; 
(B) to provide an opportunity for utiliza-
tion of forest materials damaged as a result of 
the catastrophic event; or 
(C) to provide a funding source for refor-
estation and other restoration activities for the 
National Forest System lands or public lands 
impacted by the catastrophic event. 
(14) 
SECRETARY
CONCERNED.—The 
term 
‘‘Secretary concerned’’ means— 
(A) the Secretary of Agriculture, with re-
spect to National Forest System lands; and 
(B) the Secretary of the Interior, with re-
spect to public lands. 
SEC. 3. RULE OF APPLICATION FOR NATIONAL FOREST 
SYSTEM LANDS AND PUBLIC LANDS. 
Unless specifically provided by a provision of titles 
I through IX, the authorities provided by such titles do 
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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, un-
less— 
(A) the forest management activity to be 
carried out under such authority is consistent 
with the forest plan applicable to the area; or 
(B) the Secretary concerned determines 
the activity is allowed under the applicable 
roadless rule governing such lands; or 
(3) on which timber harvesting for any purpose 
is prohibited by Federal statute. 
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(4) will occur on lands designated by the Sec-
retary (or designee thereof) pursuant to section 
602(b) of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6591a(b)), notwithstanding wheth-
er such forest management activity is initiated prior 
to the date of enactment of this Act; or 
(5) is covered by a community wildfire protec-
tion plan. 
(b) CONSIDERATION OF ALTERNATIVES.—In an envi-
ronmental assessment or environmental impact statement 
described in subsection (a), the Secretary concerned shall 
study, develop, and describe only the following two alter-
natives: 
(1) The forest management activity. 
(2) The alternative of no action. 
(c) ELEMENTS OF NO ACTION ALTERNATIVE.—In 
the case of the alternative of no action, the Secretary con-
cerned shall consider whether to evaluate— 
(1) the effect of no action on— 
(A) forest health; 
(B) habitat diversity; 
(C) wildfire potential; 
(D) insect and disease potential; and 
(E) timber production; and 
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(2) the implications of a resulting decline in 
forest health, loss of habitat diversity, wildfire, or in-
sect or disease infestation, given fire and insect and 
disease historic cycles, on— 
(A) domestic water supply in the project 
area; 
(B) wildlife habitat loss; and 
(C) other economic and social factors. 
Subtitle B—Categorical Exclusions 
SEC. 111. CATEGORICAL EXCLUSION TO EXPEDITE CER-
TAIN CRITICAL RESPONSE ACTIONS. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
a category of actions hereby designated as being categori-
cally excluded from the preparation of an environmental 
assessment or an environmental impact statement under 
section 102 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332). 
(b) FOREST MANAGEMENT ACTIVITIES DESIGNATED 
FOR CATEGORICAL EXCLUSION.—The forest management 
activities designated under this section for a categorical 
exclusion are forest management activities carried out by 
the Secretary concerned on National Forest System lands 
or public lands where the primary purpose of such activity 
is— 
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(1) to address an insect or disease infestation; 
(2) to reduce hazardous fuel loads; 
(3) to protect a municipal water source; 
(4) to maintain, enhance, or modify critical 
habitat to protect it from catastrophic disturbances; 
(5) to increase water yield; 
(6) to facilitate native species restoration; 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 es-
tablished under subsection (a) in accordance with this sec-
tion. 
(d) ACREAGE LIMITATIONS.— 
(1) IN GENERAL.—Except in the case of a for-
est management activity described in paragraph (2), 
a forest management activity covered by the categor-
ical exclusion established under subsection (a) may 
not contain treatment units exceeding a total of 
10,000 acres. 
(2) LARGER
AREAS
AUTHORIZED.—A forest 
management activity covered by the categorical ex-
clusion established under subsection (a) may contain 
treatment units exceeding a total of 10,000 acres 
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but not more than a total of 30,000 acres if the for-
est management activity— 
(A) is developed through a collaborative 
process; 
(B) is proposed by a resource advisory 
committee; or 
(C) is covered by a community wildfire 
protection plan. 
SEC. 112. CATEGORICAL EXCLUSION TO EXPEDITE SAL-
VAGE OPERATIONS IN RESPONSE TO CATA-
STROPHIC EVENTS. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—Sal-
vage operations carried out by the Secretary concerned on 
National Forest System lands or public lands are a cat-
egory of actions hereby designated as being categorically 
excluded from the preparation of an environmental assess-
ment or an environmental impact statement under section 
102 of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332). 
(b) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
Secretary concerned may use the categorical exclusion es-
tablished under subsection (a) in accordance with this sec-
tion. 
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(c) ACREAGE LIMITATION.—A salvage operation cov-
ered by the categorical exclusion established under sub-
section (a) may not contain treatment units exceeding a 
total of 10,000 acres. 
(d) ADDITIONAL REQUIREMENTS.— 
(1) STREAM
BUFFERS.—A salvage operation 
covered by the categorical exclusion established 
under subsection (a) shall comply with the standards 
and guidelines for stream buffers contained in the 
applicable forest plan unless waived by the Regional 
Forester, in the case of National Forest System 
lands, or the State Director of the Bureau of Land 
Management, in the case of public lands. 
(2) REFORESTATION
PLAN.—A reforestation 
plan shall be developed under section 3 of the Act 
of June 9, 1930 (commonly known as the Knutson- 
Vandenberg Act; 16 U.S.C. 576b), as part of a sal-
vage operation covered by the categorical exclusion 
established under subsection (a). 
SEC. 113. CATEGORICAL EXCLUSION TO MEET FOREST 
PLAN GOALS FOR EARLY SUCCESSIONAL 
FORESTS. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
a category of actions hereby designated as being categori-
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agement activities for arbitration under the arbitra-
tion pilot program established under paragraph (1). 
(3) MAXIMUM
AMOUNT
OF
ARBITRATIONS.— 
Under the arbitration pilot program, the Secretary 
concerned may not arbitrate more than 10 objec-
tions or protests to forest management activities in 
a fiscal year in— 
(A) each Forest Service Region; and 
(B) each State Region of the Bureau of 
Land Management. 
(4) 
DETERMINING
AMOUNT
OF
ARBITRA-
TIONS.—An objection or protest to a forest manage-
ment activity shall not be counted towards the limi-
tation on number of arbitrations under paragraph 
(3) unless— 
(A) on the date such objection or protest 
is designated for arbitration, the forest manage-
ment activity for which such objection or pro-
test is filed has not been the subject of arbitra-
tion proceedings under the pilot program; and 
(B) the arbitration proceeding has com-
menced with respect to such objection or pro-
test. 
(5) TERMINATION.—The pilot programs estab-
lished pursuant to paragraph (1) shall terminate on 
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