HR 2936 RFS
expediting reviews under section 306108 of title 54, 
United States Code, for forest management activities car-
ried out pursuant to this Act. 
(b) REQUIREMENT.—A programmatic agreement or 
other program alternative developed under subsection (a) 
shall incorporate the concepts of phased identification and 
evaluation set forth in section 800.4(b)(2) of title 36, Code 
of Federal Regulations, or successor regulation. 
SEC. 123. CONSULTATION UNDER THE ENDANGERED SPE-
CIES ACT. 
(a) NO CONSULTATION IF ACTION NOT LIKELY TO 
ADVERSELY AFFECT A LISTED SPECIES OR DESIGNATED 
CRITICAL HABITAT.—With respect to a forest manage-
ment activity carried out pursuant to this Act, consulta-
tion under section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536) shall not be required if the Sec-
retary concerned determines that the such forest manage-
ment activity is not likely to adversely affect a listed spe-
cies or designated critical habitat. 
(b) EXPEDITED CONSULTATION.— 
(1) IN
GENERAL.—With respect to a forest 
management activity carried out pursuant to this 
Act, consultation required under section 7 of the En-
dangered Species Act of 1973 (16 U.S.C. 1536) 
shall be concluded within the 90-day period begin-
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
ning on the date on which such consultation was re-
quested by the Secretary concerned. 
(2) NO CONCLUSION.—In the case of a con-
sultation described in paragraph (1) that is not con-
cluded within the 90-day period, the forest manage-
ment activity for which such consultation was initi-
ated— 
(A) shall be considered to have not violated 
section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536(a)(2)); and 
(B) may be carried out. 
SEC. 124. FOREST MANAGEMENT ACTIVITIES CONSIDERED 
NON-DISCRETIONARY ACTIONS. 
For purposes of the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.), a forest management activity 
carried out by the Secretary concerned pursuant to this 
Act shall be considered a non-discretionary action. 
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, an environ-
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
mental assessment prepared by the Secretary concerned 
pursuant to section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332) for a salvage oper-
ation or reforestation activity proposed to be conducted 
on National Forest System lands or public lands adversely 
impacted by a large-scale catastrophic event shall be com-
pleted within 60 days after the conclusion of the cata-
strophic event. 
(b) EXPEDITED IMPLEMENTATION
AND COMPLE-
TION.—In the case of reforestation activities conducted on 
National Forest System lands or public lands adversely 
impacted by a large-scale catastrophic event, the Secretary 
concerned shall, to the maximum extent practicable, 
achieve reforestation of at least 75 percent of the impacted 
lands during the 5-year period following the conclusion of 
the catastrophic event. 
(c) 
AVAILABILITY
OF
KNUTSON-VANDENBERG 
FUNDS.—Amounts in the special fund established pursu-
ant to section 3 of the Act of June 9, 1930 (commonly 
known as the Knutson-Vandenberg Act; 16 U.S.C. 576b) 
shall be available to the Secretary of Agriculture for refor-
estation activities authorized by this title. 
(d) TIMELINE FOR PUBLIC INPUT PROCESS.—Not-
withstanding any other provision of law, in the case of a 
salvage operation or reforestation activity proposed to be 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
conducted on National Forest System lands or public 
lands adversely impacted by a large-scale catastrophic 
event, the Secretary concerned shall allow 30 days for pub-
lic scoping and comment, 15 days for filing an objection, 
and 15 days for the agency response to the filing of an 
objection. Upon completion of this process and expiration 
of the period specified in subsection (a), the Secretary con-
cerned shall implement the project immediately. 
SEC. 202. COMPLIANCE WITH FOREST PLAN. 
A salvage operation or reforestation activity author-
ized by this title shall be conducted in a manner consistent 
with the forest plan applicable to the National Forest Sys-
tem lands or public lands covered by the salvage operation 
or reforestation activity. 
SEC. 203. PROHIBITION ON RESTRAINING ORDERS, PRE-
LIMINARY INJUNCTIONS, AND INJUNCTIONS 
PENDING APPEAL. 
No restraining order, preliminary injunction, or in-
junction pending appeal shall be issued by any court of 
the United States with respect to any decision to prepare 
or conduct a salvage operation or reforestation activity in 
response to a large-scale catastrophic event. Section 705 
of title 5, United States Code, shall not apply to any chal-
lenge to the salvage operation or reforestation activity. 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
TITLE III—FOREST 
MANAGEMENT LITIGATION 
Subtitle A—General Litigation 
Provisions 
SEC. 301. NO ATTORNEY FEES FOR FOREST MANAGEMENT 
ACTIVITY CHALLENGES. 
Notwithstanding section 1304 of title 31, United 
States Code, no award may be made under section 2412 
of title 28, United States Code, and no amounts may be 
obligated or expended from the Claims and Judgment 
Fund of the United States Treasury to pay any fees or 
other expenses under such sections to any plaintiff related 
to an action challenging a forest management activity car-
ried out pursuant to this Act. 
SEC. 302. INJUNCTIVE RELIEF. 
(a) BALANCING SHORT- AND LONG-TERM EFFECTS 
OF FOREST MANAGEMENT ACTIVITIES IN CONSIDERING 
INJUNCTIVE RELIEF.—As part of its weighing the equities 
while considering any request for an injunction that ap-
plies to any agency action as part of a forest management 
activity under titles I through IX, the court reviewing the 
agency action shall balance the impact to the ecosystem 
likely affected by the forest management activity of— 
(1) the short- and long-term effects of under-
taking the agency action; against 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
(2) the short- and long-term effects of not un-
dertaking the action. 
(b) TIME LIMITATIONS FOR INJUNCTIVE RELIEF.— 
(1) IN GENERAL.—Subject to paragraph (2) the 
length of any preliminary injunctive relief and stays 
pending appeal that applies to any agency action as 
part of a forest management activity under titles I 
through IX, shall not exceed 60 days. 
(2) RENEWAL.— 
(A) IN GENERAL.—A court of competent 
jurisdiction may issue one or more renewals of 
any preliminary injunction, or stay pending ap-
peal, granted under paragraph (1). 
(B) UPDATES.—In each renewal of an in-
junction in an action, the parties to the action 
shall present the court with updated informa-
tion on the status of the authorized forest man-
agement activity. 
Subtitle B—Forest Management 
Activity Arbitration Pilot Program 
SEC. 311. USE OF ARBITRATION INSTEAD OF LITIGATION 
TO ADDRESS CHALLENGES TO FOREST MAN-
AGEMENT ACTIVITIES. 
(a) DISCRETIONARY ARBITRATION PROCESS PILOT 
PROGRAM.— 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
tration under this subsection (a), a request to inter-
vene in an arbitration must be submitted not later 
than the date that is 30 days after the date on 
which such objection or protest was designated for 
arbitration. 
(3) MULTIPLE PARTIES.—Multiple intervening 
parties may submit a joint proposal so long as each 
intervening party meets the eligibility requirements 
of paragraph (1). 
(c) APPOINTMENT OF ARBITRATOR.— 
(1) APPOINTMENT.—The Secretary of Agri-
culture and the Secretary of the Interior shall jointly 
develop and publish a list of not fewer than 20 indi-
viduals eligible to serve as arbitrators for the pilot 
programs under this section. 
(2) QUALIFICATIONS.—In order to be eligible to 
serve as an arbitrator under this subsection, an indi-
vidual shall be, on the date of the appointment of 
such arbitrator— 
(A) certified by the American Arbitration 
Association; and 
(B) not a registered lobbyist. 
(3) SELECTION OF ARBITRATOR.— 
(A) IN
GENERAL.—For each arbitration 
commenced under this section, the Secretary 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
concerned and each applicable objector or 
protestor shall agree, not later than 14 days 
after the agreement process is initiated, on a 
mutually acceptable arbitrator from the list 
published under subsection. 
(B) APPOINTMENT
AFTER
14-DAYS.—In 
the case of an agreement with respect to a mu-
tually acceptable arbitrator not being reached 
within the 14-day limit described in subpara-
graph (A), the Secretary concerned shall ap-
point an arbitrator from the list published 
under this subsection. 
(d) SELECTION OF PROPOSALS.— 
(1) IN
GENERAL.—The arbitrator appointed 
under subsection (c)— 
(A) may not modify any of the proposals 
submitted with the objection, protest, or request 
to intervene; and 
(B) shall select to be conducted— 
(i) the forest management activity, as 
approved by the Secretary; or 
(ii) a proposal submitted by an objec-
tor or an intervening party. 
(2) SELECTION CRITERIA.—An arbitrator shall, 
when selecting a proposal, consider— 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
(A) whether the proposal is consistent with 
the applicable forest plan, laws, and regula-
tions; 
(B) whether the proposal can be carried 
out by the Secretary concerned; and 
(C) the effect of each proposal on— 
(i) forest health; 
(ii) habitat diversity; 
(iii) wildfire potential; 
(iv) insect and disease potential; 
(v) timber production; and 
(vi) the implications of a resulting de-
cline in forest health, loss of habitat diver-
sity, wildfire, or insect or disease infesta-
tion, given fire and insect and disease his-
toric cycles, on— 
(I) domestic water costs; 
(II) wildlife habitat loss; and 
(III) other economic and social 
factors. 
(e) EFFECT OF DECISION.—The decision of an arbi-
trator with respect to the forest management activity— 
(1) shall not be considered a major Federal ac-
tion; 
(2) shall be binding; and 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
(3) shall not be subject to judicial review, ex-
cept as provided in section 10(a) of title 9, United 
States Code. 
(f) DEADLINE FOR COMPLETION.—Not later than 90 
days after the date on which the arbitration is filed with 
respect to the forest management activity, the arbitration 
process shall be completed. 
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. 
(a) REPEAL
OF
MERCHANTABLE
TIMBER
CON-
TRACTING PILOT PROGRAM.—Section 204(e) of the Se-
cure Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7124(e)) is amended by striking 
paragraph (3). 
(b) REQUIREMENTS FOR PROJECT FUNDS.—Section 
204(f) of the Secure Rural Schools and Community Self- 
Determination Act of 2000 (16 U.S.C. 7124(f)) is amend-
ed to read as follows: 
‘‘(f) REQUIREMENTS FOR PROJECT FUNDS.— 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary concerned shall ensure that at least 50 
percent of the project funds reserved by a partici-
pating county under section 102(d) shall be available 
only for projects that— 
‘‘(A) include the sale of timber or other 
forest products, reduce fire risks, or improve 
water supplies; and 
‘‘(B) implement stewardship objectives 
that enhance forest ecosystems or restore and 
improve land health and water quality. 
‘‘(2) 
APPLICABILITY.—The 
requirement 
in 
paragraph (1) shall apply only to project funds re-
served by a participating county whose boundaries 
include Federal land that the Secretary concerned 
determines has been subject to a timber or other for-
est products program within 5 fiscal years before the 
fiscal year in which the funds are reserved.’’. 
SEC. 402. RESOURCE ADVISORY COMMITTEES. 
(a) RECOGNITION OF RESOURCE ADVISORY COMMIT-
TEES.—Section 205(a)(4) of the Secure Rural Schools 
and Community Self-Determination Act of 2000 (16 
U.S.C. 7125(a)(4)) is amended by striking ‘‘2012’’ each 
place it appears and inserting ‘‘2022’’. 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
(b) REDUCTION IN COMPOSITION OF COMMITTEES.— 
Section 205(d) of the Secure Rural Schools and Commu-
nity Self-Determination Act of 2000 (16 U.S.C. 7125(d)) 
is amended— 
(1) in paragraph (1), by striking ‘‘15 members’’ 
and inserting ‘‘9 members’’; and 
(2) by striking ‘‘5 persons’’ each place it ap-
pears and inserting ‘‘3 persons’’. 
(c) EXPANDING LOCAL PARTICIPATION ON COMMIT-
TEES.—Section 205(d) of the Secure Rural Schools and 
Community Self-Determination Act of 2000 (16 U.S.C. 
7125(d)) is amended— 
(1) in paragraph (3), by inserting before the pe-
riod at the end the following: ‘‘, consistent with the 
requirements of paragraph (4)’’; and 
(2) by striking paragraph (4) and inserting the 
following new paragraph: 
‘‘(4) GEOGRAPHIC DISTRIBUTION.—The mem-
bers of a resource advisory committee shall reside 
within the county or counties in which the committee 
has jurisdiction or an adjacent county.’’. 
(d) APPOINTMENT OF RESOURCE ADVISORY COM-
MITTEES BY APPLICABLE DESIGNEE.— 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
(1) IN GENERAL.—Section 205 of the Secure 
Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7125) is further amended— 
(A) in subsection (a)— 
(i) in paragraph (1), by inserting ‘‘(or 
applicable designee)’’ after ‘‘The Secretary 
concerned’’; 
(ii) in paragraph (3), by inserting 
‘‘(or applicable designee)’’ after ‘‘the Sec-
retary concerned’’; and 
(iii) in paragraph (4), by inserting 
‘‘(or applicable designee)’’ after ‘‘the Sec-
retary concerned’’ both places it appears; 
(B) in subsection (b)(6), by inserting ‘‘(or 
applicable designee)’’ after ‘‘the Secretary con-
cerned’’; 
(C) in subsection (c)— 
(i) in the subsection heading, by in-
serting ‘‘OR APPLICABLE DESIGNEE’’ after 
‘‘BY THE SECRETARY’’; 
(ii) in paragraph (1), by inserting 
‘‘(or applicable designee)’’ after ‘‘The Sec-
retary concerned’’ both places it appears; 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
(iii) in paragraph (2), by inserting 
‘‘(or applicable designee)’’ after ‘‘The Sec-
retary concerned’’; 
(iv) in paragraph (4), by inserting 
‘‘(or applicable designee)’’ after ‘‘The Sec-
retary concerned’’; and 
(v) by adding at the end the following 
new paragraph: 
‘‘(6) APPLICABLE DESIGNEE.—In this section, 
the term ‘applicable designee’ means— 
‘‘(A) with respect to Federal land de-
scribed in section 3(7)(A), the applicable Re-
gional Forester; and 
‘‘(B) with respect to Federal land de-
scribed in section 3(7)(B), the applicable Bu-
reau of Land Management State Director.’’; 
(D) in subsection (d)(3), by inserting ‘‘(or 
applicable designee)’’ after ‘‘the Secretary con-
cerned’’; and 
(E) in subsection (f)(1)— 
(i) by inserting ‘‘(or applicable des-
ignee)’’ after ‘‘the Secretary concerned’’; 
and 
(ii) by inserting ‘‘(or applicable des-
ignee)’’ after ‘‘of the Secretary’’. 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
(2) 
CONFORMING
AMENDMENT.—Section 
201(3) of the Secure Rural Schools and Community 
Self-Determination Act of 2000 (16 U.S.C. 7121(3)) 
is amended by inserting ‘‘(or applicable designee (as 
defined in section 205(c)(6)))’’ after ‘‘Secretary con-
cerned’’ both places it appears. 
SEC. 403. PROGRAM FOR TITLE II SELF-SUSTAINING RE-
SOURCE ADVISORY COMMITTEE PROJECTS. 
(a) SELF-SUSTAINING RESOURCE ADVISORY COM-
MITTEE PROJECTS.—Title II of the Secure Rural Schools 
and Community Self-Determination Act of 2000 (16 
U.S.C. 7121 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 209. PROGRAM FOR SELF-SUSTAINING RESOURCE AD-
VISORY COMMITTEE PROJECTS. 
‘‘(a) RAC PROGRAM.—The Chief of the Forest Serv-
ice shall conduct a program (to be known as the ‘self-sus-
taining resource advisory committee program’ or ‘RAC 
program’) under which 10 resource advisory committees 
will propose projects authorized by subsection (c) to be 
carried out using project funds reserved by a participating 
county under section 102(d). 
‘‘(b) SELECTION OF PARTICIPATING RESOURCE AD-
VISORY COMMITTEES.—The selection of resource advisory 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
committees to participate in the RAC program is in the 
sole discretion of the Chief of the Forest Service. 
‘‘(c) AUTHORIZED PROJECTS.—Notwithstanding the 
project purposes specified in sections 202(b), 203(c), and 
204(a)(5), projects under the RAC program are intended 
to— 
‘‘(1) accomplish forest management objectives 
or support community development; and 
‘‘(2) generate receipts. 
‘‘(d) DEPOSIT AND AVAILABILITY OF REVENUES.— 
Any revenue generated by a project conducted under the 
RAC program, including any interest accrued from the 
revenues, shall be— 
‘‘(1) deposited in the special account in the 
Treasury established under section 102(d)(2)(A); 
and 
‘‘(2) available, in such amounts as may be pro-
vided in advance in appropriation Acts, for addi-
tional projects under the RAC program. 
‘‘(e) TERMINATION OF AUTHORITY.— 
‘‘(1) IN GENERAL.—The authority to initiate a 
project under the RAC program shall terminate on 
September 30, 2022. 
‘‘(2) DEPOSITS
IN
TREASURY.—Any funds 
available for projects under the RAC program and 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
not obligated by September 30, 2023, shall be depos-
ited in the Treasury of the United States.’’. 
(b) EXCEPTION
TO GENERAL RULE REGARDING 
TREATMENT OF RECEIPTS.—Section 403(b) of the Secure 
Rural Schools and Community Self-Determination Act of 
2000 (16 U.S.C. 7153(b)) is amended by striking ‘‘All rev-
enues’’ and inserting ‘‘Except as provided in section 209, 
all revenues’’. 
SEC. 404. ADDITIONAL AUTHORIZED USE OF RESERVED 
FUNDS FOR TITLE III COUNTY PROJECTS. 
Section 302(a) of the Secure Rural Schools and Com-
munity Self-Determination Act of 2000 (16 U.S.C. 
7142(a)) is amended— 
(1) in paragraph (2)— 
(A) by inserting ‘‘and law enforcement pa-
trols’’ after ‘‘including firefighting’’; and 
(B) by striking ‘‘and’’ at the end; 
(2) in paragraph (3), by inserting ‘‘and carry 
out’’ after ‘‘develop’’; 
(3) by redesignating paragraph (3) as para-
graph (4); and 
(4) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
‘‘(3) to cover training costs and equipment pur-
chases directly related to the emergency services de-
scribed in paragraph (2); and’’. 
SEC. 405. TREATMENT AS SUPPLEMENTAL FUNDING. 
(a) IN GENERAL.—Section 102 of the Secure Rural 
Schools and Community Self-Determination Act of 2000 
(16 U.S.C. 7112) is amended by adding at the end the 
following new subsection: 
‘‘(f) TREATMENT AS SUPPLEMENTAL FUNDING.— 
None of the funds made available to a beneficiary county 
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 pur-
poses.’’. 
(b) CONTINUATION
OF DIRECT PAYMENTS.—Pay-
ments to States made under the Secure Rural Schools and 
Community Self-Determination Act of 2000 (16 U.S.C. 
7101 et seq.) and 25-percent payments made to States 
and Territories under the Acts of May 23, 1908, and 
March 1, 1911 (16 U.S.C. 500), shall continue to be made 
as direct payments. 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
TITLE V—STEWARDSHIP END 
RESULT CONTRACTING 
SEC. 501. CANCELLATION CEILINGS FOR STEWARDSHIP 
END RESULT CONTRACTING PROJECTS. 
(a) CANCELLATION CEILINGS.—Section 604 of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6591c) is amended— 
(1) by redesignating subsections (h) and (i) as 
subsections (i) and (j), respectively; and 
(2) by inserting after subsection (g) the fol-
lowing new subsection (h): 
‘‘(h) CANCELLATION CEILINGS.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
3903(b)(1) of title 41, United States Code, the Chief 
and the Director may obligate funds in stages that 
are economically or programmatically viable to cover 
any potential cancellation or termination costs for an 
agreement or contract under subsection (b) in stages 
that are economically or programmatically viable. 
‘‘(2) ADVANCE NOTICE TO CONGRESS OF CAN-
CELLATION CEILING IN EXCESS OF $25 MILLION.— 
Not later than 30 days before entering into a 
multiyear agreement or contract under subsection 
(b) that includes a cancellation ceiling in excess of 
$25 million, but does not include proposed funding 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
for the costs of cancelling the agreement or contract 
up to such cancellation ceiling, the Chief or the Di-
rector, as the case may be, shall submit to the Com-
mittee on Energy and Natural Resources and the 
Committee on Agriculture, Nutrition, and Forestry 
of the Senate and the Committee on Natural Re-
sources and the Committee on Agriculture of the 
House of Representatives a written notice that in-
cludes— 
‘‘(A) the cancellation ceiling amounts pro-
posed for each program year in the agreement 
or contract; 
‘‘(B) the reasons why such cancellation 
ceiling amounts were selected; 
‘‘(C) the extent to which the costs of con-
tract cancellation are not included in the budget 
for the agreement or contract; and 
‘‘(D) an assessment of the financial risk of 
not including budgeting for the costs of agree-
ment or contract cancellation. 
‘‘(3) TRANSMITTAL OF NOTICE TO OMB.—Not 
later than 14 days after the date on which written 
notice is provided under paragraph (2) with respect 
to an agreement or contract under subsection (b), 
the Chief or the Director, as the case may be, shall 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
transmit a copy of the notice to the Director of the 
Office of Management and Budget.’’. 
(b) RELATION TO OTHER LAWS.—Section 604(d)(5) 
of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591c(d)(5)) is amended— 
(1) by striking ‘‘, the Chief may’’ and inserting 
‘‘and section 2(a)(1) of the Act of July 31, 1947 
(commonly known as the Materials Act of 1947; 30 
U.S.C. 602(a)(1)), the Chief and the Director may’’; 
and 
(2) by striking the last sentence. 
SEC. 502. EXCESS OFFSET VALUE. 
Section 604(g)(2) of the Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6591c(g)(2)) is amended by strik-
ing subparagraphs (A) and (B) and inserting the following 
new subparagraphs: 
‘‘(A) use the excess to satisfy any out-
standing liabilities for cancelled agreements or 
contracts; or 
‘‘(B) if there are no outstanding liabilities 
under subparagraph (A), apply the excess to 
other authorized stewardship projects.’’. 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
SEC. 
503. 
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— 
(1) in paragraph (2)(B), by inserting ‘‘subject 
to paragraph (3)(A),’’ before ‘‘shall’’; and 
(2) in paragraph (3)(A), by striking ‘‘services 
received by the Chief or the Director’’ and all that 
follows through the period at the end and inserting 
the following: ‘‘services and in-kind resources re-
ceived by the Chief or the Director under a steward-
ship contract project conducted under this section 
shall not be considered monies received from the Na-
tional Forest System or the public lands, but any 
payments made by the contractor to the Chief or Di-
rector under the project shall be considered monies 
received from the National Forest System or the 
public lands.’’. 
SEC. 504. SUBMISSION OF EXISTING ANNUAL REPORT. 
Subsection (j) of section 604 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6591c), as redesig-
nated by section 501(a)(1), is amended by striking ‘‘report 
to the Committee on Agriculture, Nutrition, and Forestry 
of the Senate and the Committee on Agriculture of the 
House of Representatives’’ and inserting ‘‘submit to the 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
congressional committees specified in subsection (h)(2) a 
report’’. 
SEC. 505. FIRE LIABILITY PROVISION. 
Section 604(d) of the Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6591c(d)) is amended by adding 
at the end the following new paragraph: 
‘‘(8) MODIFICATION.—Upon the request of the 
contractor, a contract or agreement under this sec-
tion awarded before February 7, 2014, shall be 
modified by the Chief or Director to include the fire 
liability provisions described in paragraph (7).’’. 
SEC. 506. EXTENSION OF STEWARDSHIP CONTRACTING 
MAXIMUM TERM LIMITS. 
(a) HEALTH FORESTS RESTORATION ACT.—Section 
604(d)(3)(B) of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6591c(d)(3)(B)) is amended by striking 
‘‘10 years’’ and inserting ‘‘20 years’’. 
(b) NATIONAL FOREST MANAGEMENT ACT.—Section 
14(c) of the National Forest Management Act of 1976 (16 
U.S.C. 472a(c)) is amended by striking ‘‘ten years’’ and 
inserting ‘‘20 years’’. 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
TITLE 
VI—ADDITIONAL 
FUND-
ING SOURCES FOR FOREST 
MANAGEMENT ACTIVITIES 
SEC. 601. DEFINITIONS. 
In this title: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means— 
(A) a State or political subdivision of a 
State containing National Forest System lands 
or public lands; 
(B) a publicly chartered utility serving one 
or more States or a political subdivision thereof; 
(C) a rural electric company; and 
(D) any other entity determined by the 
Secretary concerned to be appropriate for par-
ticipation in the Fund. 
(2) FUND.—The term ‘‘Fund’’ means the 
State-Supported Forest Management Fund estab-
lished by section 603. 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
SEC. 602. AVAILABILITY OF STEWARDSHIP PROJECT REVE-
NUES AND COLLABORATIVE FOREST LAND-
SCAPE RESTORATION FUND TO COVER FOR-
EST 
MANAGEMENT 
ACTIVITY 
PLANNING 
COSTS. 
(a) AVAILABILITY OF STEWARDSHIP PROJECT REVE-
NUES.—Section 604(e)(2)(B) of the Healthy Forests Res-
toration Act of 2003 (16 U.S.C. 6591c(e)(2)(B)), as 
amended by section 503, is further amended by striking 
‘‘appropriation at the project site from which the monies 
are collected or at another project site.’’ and inserting the 
following: ‘‘appropriation— 
‘‘(i) at the project site from which the 
monies are collected or at another project 
site; and 
‘‘(ii) to cover not more than 25 per-
cent of the cost of planning additional 
stewardship contracting projects.’’. 
(b) AVAILABILITY
OF
COLLABORATIVE
FOREST 
LANDSCAPE RESTORATION FUND.—Section 4003(f)(1) of 
the Omnibus Public Land Management Act of 2009 (16 
U.S.C. 7303(f)(1)) is amended by striking ‘‘carrying out 
and’’ and inserting ‘‘planning, carrying out, and’’. 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
SEC. 603. STATE-SUPPORTED PLANNING OF FOREST MAN-
AGEMENT ACTIVITIES. 
(a) 
STATE-SUPPORTED
FOREST
MANAGEMENT 
FUND.—There is established in the Treasury of the 
United States a fund, to be known as the ‘‘State-Sup-
ported Forest Management Fund’’, to cover the cost of 
planning (especially related to compliance with section 102 
of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332)), carrying out, and monitoring certain forest 
management activities on National Forest System lands 
or public lands. 
(b) CONTENTS.—The State-Supported Forest Man-
agement Fund shall consist of such amounts as may be— 
(1) contributed by an eligible entity for deposit 
in the Fund; 
(2) appropriated to the Fund; or 
(3) generated by forest management activities 
carried out using amounts in the Fund. 
(c) GEOGRAPHICAL
AND
USE
LIMITATIONS.—In 
making a contribution under subsection (b)(1), an eligible 
entity may— 
(1) specify the National Forest System lands or 
public lands for which the contribution may be ex-
pended; and 
(2) limit the types of forest management activi-
ties for which the contribution may be expended. 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
(d) AUTHORIZED FOREST MANAGEMENT ACTIVI-
TIES.—In such amounts as may be provided in advance 
in appropriation Acts, the Secretary concerned may use 
the Fund to plan, carry out, and monitor a forest manage-
ment activity that— 
(1) is developed through a collaborative process; 
(2) is proposed by a resource advisory com-
mittee; 
(3) is covered by a community wildfire protec-
tion plan. 
(e) IMPLEMENTATION METHODS.—A forest manage-
ment activity carried out using amounts in the Fund may 
be carried out using a contract or agreement under section 
604 of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591c), the good neighbor authority provided by 
section 8206 of the Agricultural Act of 2014 (16 U.S.C. 
2113a), a contract under section 14 of the National Forest 
Management Act of 1976 (16 U.S.C. 472a), or other au-
thority available to the Secretary concerned, but revenues 
generated by the forest management activity shall be used 
to reimburse the Fund for planning costs covered using 
amounts in the Fund. 
(f) RELATION TO OTHER LAWS.— 
(1) REVENUE SHARING.—Subject to subsection 
(e), revenues generated by a forest management ac-
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
tivity carried out using amounts from the Fund shall 
be considered monies received from the National 
Forest System. 
(2) KNUTSON-VANDERBERG ACT.—The Act of 
June 9, 1930 (commonly known as the Knutson- 
Vanderberg Act; 16 U.S.C. 576 et seq.), shall apply 
to any forest management activity carried out using 
amounts in the Fund. 
(g) TERMINATION OF FUND.— 
(1) TERMINATION.—The Fund shall terminate 
10 years after the date of the enactment of this Act. 
(2) EFFECT OF TERMINATION.—Upon the ter-
mination of the Fund pursuant to paragraph (1) or 
pursuant to any other provision of law, unobligated 
contributions remaining in the Fund shall be re-
turned to the eligible entity that made the contribu-
tion. 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
(b) CONFORMING AND TECHNICAL AMENDMENTS.— 
Section 2 of the Tribal Forest Protection Act of 2004 (25 
U.S.C. 3115a) is amended— 
(1) in subsections (b)(1) and (f)(1), by striking 
‘‘section 347 of the Department of the Interior and 
Related Agencies Appropriations Act, 1999 (16 
U.S.C. 2104 note; Public Law 105–277) (as amend-
ed by section 323 of the Department of the Interior 
and Related Agencies Appropriations Act, 2003 (117 
Stat. 275))’’ and inserting ‘‘section 604 of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6591c)’’; and 
(2) in subsection (d), by striking ‘‘subsection 
(b)(1), the Secretary may’’ and inserting ‘‘para-
graphs (1) and (4)(B) of subsection (b), the Sec-
retary shall’’. 
SEC. 702. MANAGEMENT OF INDIAN FOREST LAND AUTHOR-
IZED TO INCLUDE RELATED NATIONAL FOR-
EST SYSTEM LANDS AND PUBLIC LANDS. 
Section 305 of the National Indian Forest Resources 
Management Act (25 U.S.C. 3104) is amended by adding 
at the end the following new subsection: 
‘‘(c) INCLUSION
OF CERTAIN NATIONAL FOREST 
SYSTEM LAND AND PUBLIC LAND.— 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
‘‘(1) AUTHORITY.—At the request of an Indian 
Tribe, the Secretary concerned may agree to treat 
Federal forest land as Indian forest land for pur-
poses of planning and conducting forest land man-
agement activities under this section if the Federal 
forest land is located within, or mostly within, a geo-
graphic area that presents a feature or involves cir-
cumstances principally relevant to that Indian Tribe, 
such as Federal forest land ceded to the United 
States by treaty, Federal forest land within the 
boundaries of a current or former reservation, or 
Federal forest land adjudicated to be Tribal home-
lands. 
‘‘(2) REQUIREMENTS.—As part of the agree-
ment to treat Federal forest land as Indian forest 
land under paragraph (1), the Secretary concerned 
and the Indian Tribe making the request shall— 
‘‘(A) provide for continued public access 
applicable to the Federal forest land prior to 
the agreement, except that the Secretary con-
cerned may limit or prohibit such access as 
needed; 
‘‘(B) continue sharing revenue generated 
by the Federal forest land with State and local 
governments either— 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
‘‘(i) on the terms applicable to the 
Federal forest land prior to the agreement, 
including, where applicable, 25-percent 
payments or 50-percent payments; or 
‘‘(ii) at the option of the Indian Tribe, 
on terms agreed upon by the Indian Tribe, 
the Secretary concerned, and State and 
county governments participating in a rev-
enue sharing agreement for the Federal 
forest land; 
‘‘(C) comply with applicable prohibitions 
on the export of unprocessed logs harvested 
from the Federal forest land; 
‘‘(D) recognize all right-of-way agreements 
in place on Federal forest land prior to com-
mencement of Tribal management activities; 
‘‘(E) ensure that all commercial timber re-
moved from the Federal forest land is sold on 
a competitive bid basis; and 
‘‘(F) cooperate with the appropriate State 
fish and wildlife agency to achieve mutual 
agreement on the management of fish and wild-
life. 
‘‘(3) LIMITATION.—Treating Federal forest 
land as Indian forest land for purposes of planning 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
and conducting management activities pursuant to 
paragraph (1) shall not be construed to designate 
the Federal forest land as Indian forest lands for 
any other purpose. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) FEDERAL FOREST LAND.—The term 
‘Federal forest land’ means— 
‘‘(i) National Forest System lands; 
and 
‘‘(ii) public lands (as defined in sec-
tion 103(e) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 
1702(e))), including Coos Bay Wagon 
Road Grant lands reconveyed to the 
United States pursuant to the first section 
of the Act of February 26, 1919 (40 Stat. 
1179), and Oregon and California Railroad 
Grant lands. 
‘‘(B) SECRETARY CONCERNED.—The term 
‘Secretary concerned’ means— 
‘‘(i) the Secretary of Agriculture, with 
respect to the Federal forest land referred 
to in subparagraph (A)(i); and 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
‘‘(ii) the Secretary of the Interior, 
with respect to the Federal forest land re-
ferred to in subparagraph (A)(ii).’’. 
SEC. 703. TRIBAL FOREST MANAGEMENT DEMONSTRATION 
PROJECT. 
The Secretary of the Interior and the Secretary of 
Agriculture may carry out demonstration projects by 
which federally recognized Indian Tribes or Tribal organi-
zations may contract to perform administrative, manage-
ment, and other functions of programs of the Tribal For-
est Protection Act of 2004 (25 U.S.C. 3115a et seq.) 
through contracts entered into under the Indian Self-De-
termination and Education Assistance Act (25 U.S.C. 
5304 et seq.). 
SEC. 704. RULE OF APPLICATION. 
Nothing in this title, or the amendments made by this 
title, shall be construed as interfering with, diminishing, 
or conflicting with the authority, jurisdiction, or responsi-
bility of any State to exercise primary management, con-
trol, or regulation of fish and wildlife on land or water 
within the State (including on public land) under State 
law. 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
TITLE VIII— EXPEDITING 
INTERAGENCY CONSULTATION 
Subtitle A—Forest Plans Not 
Considered Major Federal Actions 
SEC. 801. FOREST PLANS NOT CONSIDERED MAJOR FED-
ERAL ACTIONS. 
The development, maintenance, amendment, and re-
vision of a forest plan shall not be considered a major Fed-
eral action for purposes of section 102 of the National En-
vironmental Policy Act of 1969 (42 U.S.C. 4332). 
Subtitle B—Agency Consultation 
SEC. 811. CONSULTATION UNDER FOREST AND RANGELAND 
RENEWABLE RESOURCES PLANNING ACT OF 
1974. 
(a) IN GENERAL.—Section 6(d) of the Forest and 
Rangeland Renewable Resources Planning Act of 1974 
(16 U.S.C. 1604(d)) is amended— 
(1) by striking ‘‘(d) The Secretary’’ and insert-
ing the following: 
‘‘(d) PUBLIC PARTICIPATION AND CONSULTATION.— 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(2) by adding at the end the following: 
‘‘(2) NO
ADDITIONAL
CONSULTATION
RE-
QUIRED AFTER APPROVAL OF LAND MANAGEMENT 
PLANS.— 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, the Secretary shall not 
be required to engage in consultation under this 
subsection or any other provision of law (includ-
ing section 7 of the Endangered Species Act 
(16 U.S.C. 1536) and section 402.16 of title 
50, Code of Federal Regulations (or a successor 
regulation)) with respect to— 
‘‘(i) if a land management plan ap-
proved by the Secretary— 
‘‘(I) the listing of a species as 
threatened or endangered, or a des-
ignation of critical habitat pursuant to 
the Endangered Species Act (16 
U.S.C. 1531 et seq.); 
‘‘(II) whether the amount or ex-
tent of taking specified in the inci-
dental take statement is exceeded; 
‘‘(III) whether new information 
reveals effects of the action that may 
affect listed species or critical habitat 
in a manner or to an extent not pre-
viously considered; or 
‘‘(IV) whether the identified ac-
tion is subsequently modified in a 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
manner that causes an effect to the 
listed species or critical habitat that 
was not considered in the biological 
opinion; or 
‘‘(ii) any provision of a land manage-
ment plan adopted as described in clause 
(i). 
‘‘(B) EFFECT
OF
PARAGRAPH.—Nothing 
in this paragraph affects any applicable require-
ment of the Secretary to consult with the head 
of any other Federal department or agency— 
‘‘(i) regarding any project, including a 
project carried out, or proposed to be car-
ried out, in an area designated as critical 
habitat pursuant to the Endangered Spe-
cies Act (16 U.S.C. 1531 et seq.); or 
‘‘(ii) with respect to the development 
of an amendment to a land management 
plan that would result in a significant 
change in the land management plan. 
‘‘(3) LAND MANAGEMENT PLAN CONSIDERED A 
NON-DISCRETIONARY ACTION.—For purposes of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), a forest management activity carried out by 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
the Secretary concerned pursuant to this Act shall 
be considered a non-discretionary action.’’. 
(b) DEFINITION
OF
SECRETARY; CONFORMING 
AMENDMENTS.— 
(1) DEFINITION OF SECRETARY.—Section 3(a) 
of the Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1601(a)) is 
amended, in the first sentence of the matter pre-
ceding paragraph (1), by inserting ‘‘(referred to in 
this Act as the ‘Secretary’)’’ after ‘‘Secretary of Ag-
riculture’’. 
(2) CONFORMING
AMENDMENTS.—The Forest 
and Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1600 et seq.) is amended, in sec-
tions 4 through 9, 12, 13, and 15, by striking ‘‘Sec-
retary of Agriculture’’ each place it appears and in-
serting ‘‘Secretary’’. 
SEC. 812. CONSULTATION UNDER FEDERAL LAND POLICY 
AND MANAGEMENT ACT OF 1976. 
Section 202(f) of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1712(f)) is amended— 
(1) by striking ‘‘(f) The Secretary’’ and insert-
ing the following: 
‘‘(f) PUBLIC INVOLVEMENT.— 
‘‘(1) IN GENERAL.—The Secretary’’; and 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
(2) by adding at the end the following: 
‘‘(2) NO
ADDITIONAL
CONSULTATION
RE-
QUIRED AFTER APPROVAL OF LAND USE PLANS.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, the Secretary shall not 
be required to engage in consultation under this 
subsection or any other provision of law (includ-
ing section 7 of the Endangered Species Act 
(16 U.S.C. 1536) and section 402.16 of title 
50, Code of Federal Regulations (or a successor 
regulation)), with respect to— 
‘‘(i) the listing of a species as threat-
ened or endangered, or a designation of 
critical habitat, pursuant to the Endan-
gered Species Act (16 U.S.C. 1531 et 
seq.), if a land use plan has been adopted 
by the Secretary as of the date of listing 
or designation; or 
‘‘(ii) any provision of a land use plan 
adopted as described in clause (i). 
‘‘(B) EFFECT OF PARAGRAPH.— 
‘‘(i) DEFINITION
OF
SIGNIFICANT 
CHANGE.—In this subparagraph, the term 
‘significant change’ means a significant 
change within the meaning of section 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
219.13(b)(3) of title 36, Code of Federal 
Regulations (as in effect on the date of en-
actment of this subparagraph), except 
that— 
‘‘(I) any reference contained in 
that section to a land management 
plan shall be deemed to be a reference 
to a land use plan; 
‘‘(II) any reference contained in 
that section to the Forest Service 
shall be deemed to be a reference to 
the Bureau of Land Management; and 
‘‘(III) any reference contained in 
that section to the National Forest 
Management Act of 1976 (Public Law 
94–588; 90 Stat. 2949) shall be 
deemed to be a reference to this Act. 
‘‘(ii) EFFECT.—Nothing in this para-
graph affects any applicable requirement of 
the Secretary to consult with the head of 
any other Federal department or agency— 
‘‘(I) regarding a project carried 
out, or proposed to be carried out, 
with respect to a species listed as 
threatened or endangered, or in an 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
area designated as critical habitat, 
pursuant to the Endangered Species 
Act (16 U.S.C. 1531 et seq.); or 
‘‘(II) with respect to the develop-
ment of a new land use plan or the re-
vision of or other significant change to 
an existing land use plan. 
‘‘(3) LAND USE PLAN CONSIDERED NON-DIS-
CRETIONARY ACTION.—For purposes of the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
a forest management activity carried out by the Sec-
retary concerned pursuant to this Act shall be con-
sidered a non-discretionary action.’’. 
TITLE IX—MISCELLANEOUS 
Subtitle A—Forest Management 
Provisions 
SEC. 901. 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, Fire 
Regime IV, or Fire Regime V’’. 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
SEC. 
902. 
REVISION 
OF 
ALTERNATE 
CONSULTATION 
AGREEMENT REGULATIONS. 
Not later than 90 days after the date of the enact-
ment of this section, the Secretary of the Interior and the 
Secretary of Commerce shall revise section 402.13 of title 
50, Code of Federal Regulations, to— 
(1) authorize Federal agencies to enter into al-
ternative consultation agreements under which the 
Federal agency may determine if an action such 
agency authorizes is likely to adversely affect listed 
species or critical habitat; and 
(2) if an agency determines such action will not 
likely adversely affect listed species or critical habi-
tat pursuant to paragraph (1), not require such 
agency to complete a formal consultation, informal 
consultation, or written concurrence of the U.S. Fish 
and Wildlife Service or the National Marine Fish-
eries Service with respect to such action. 
SEC. 903. REVISION OF EXTRAORDINARY CIRCUMSTANCES 
REGULATIONS. 
(a) DETERMINATIONS
OF
EXTRAORDINARY
CIR-
CUMSTANCES.—In determining whether extraordinary cir-
cumstances related to a proposed action preclude use of 
a categorical exclusion, the Forest Service shall not be re-
quired to— 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
(1) consider whether a proposed action is within 
a potential wilderness area; 
(2) consider whether a proposed action affects 
a Forest Service sensitive species; 
(3) conduct an analysis under section 220.4(f) 
of title 36, Code of Federal Regulations, of the pro-
posed action’s cumulative impact (as the term is de-
fined in section 1508.7 of title 40, Code of Federal 
Regulations); 
(4) consider a determination under section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 
1536) that a proposed action may affect, but is not 
likely to adversely affect, threatened, endangered, or 
candidate species, or designated critical habitats; or 
(5) consider a determination under section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 
1536) that a proposed action may affect, and is like-
ly to adversely affect threatened, endangered, can-
didate species, or designated critical habitat if the 
agency is in compliance with the applicable provi-
sions of the biological opinion. 
(b) PROPOSED RULEMAKING.—Not later than 60 
days after the date of enactment of this Act, the Secretary 
of Agriculture shall publish a notice of proposed rule-
making to revise section 220.6(b) of title 36, Code of Fed-
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
eral Regulations to conform such section with subsection 
(a). 
(c) ADDITIONAL REVISION.—As part of the proposed 
rulemaking described in subsection (b), the Secretary of 
Agriculture shall revise section 220.5(a)(2) of title 36, 
Code of Federal Regulations, to provide that the Forest 
Service shall not be required to consider proposals that 
would substantially alter a potential wilderness area as a 
class of actions normally requiring environmental impact 
statements. 
(d) ADDITIONAL ACTIONS.—Not later than 120 days 
after the date of enactment of this Act, the Secretary of 
Agriculture shall issue final regulations to carry out the 
revisions described in subsections (b) and (c). 
SEC. 904. CONDITIONS ON FOREST SERVICE ROAD DECOM-
MISSIONING. 
(a) CONSULTATION WITH AFFECTED COUNTY.— 
Whenever any Forest Service defined maintenance level 
one- or two-system road within a designated high-fire 
prone area of a unit of the National Forest System is con-
sidered for decommissioning, the Forest Supervisor of that 
unit of the National Forest System shall— 
(1) consult with the government of the county 
containing the road regarding the merits and pos-
sible consequences of decommissioning the road; and 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
(2) solicit possible alternatives to decommis-
sioning the road. 
(b) PERIOD PRIOR TO DECOMMISSION.—A Forest 
Service road described in subsection (a) may not be de-
commissioned without the advance approval of the Re-
gional Forester. 
SEC. 905. PROHIBITION ON APPLICATION OF EASTSIDE 
SCREENS 
REQUIREMENTS 
ON 
NATIONAL 
FOREST SYSTEM LANDS. 
(a) REPEAL
OF
EASTSIDE
SCREENS
REQUIRE-
MENTS.—Notwithstanding any other provision of law, the 
Secretary of Agriculture shall immediately withdraw the 
Interim Management Direction Establishing Riparian, 
Ecosystem, and Wildlife Standards for Timber Sales 
(commonly known as the Eastside Screens requirements), 
including all preceding or associated versions of these 
amendments. 
(b) EFFECT OF REPEAL.—On and after the date of 
the enactment of this Act, the Secretary of Agriculture 
may not apply to National Forest System lands any of 
the amendments repealed under subsection (a). 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
SEC. 906. USE OF SITE-SPECIFIC FOREST PLAN AMEND-
MENTS FOR CERTAIN PROJECTS AND ACTIVI-
TIES. 
If the Secretary concerned determines that, in order 
to conduct a project or carry out an activity implementing 
a forest plan, an amendment to the forest plan is required, 
the Secretary concerned shall execute such amendment as 
a nonsignificant plan amendment through the record of 
decision or decision notice for the project or activity. 
SEC. 907. KNUTSON-VANDENBERG ACT MODIFICATIONS. 
(a) DEPOSITS OF FUNDS FROM NATIONAL FOREST 
TIMBER PURCHASERS REQUIRED.—Section 3(a) of the 
Act of June 9, 1930 (commonly known as the Knutson- 
Vandenberg Act; 16 U.S.C. 576b(a)), is amended by strik-
ing ‘‘The Secretary’’ and all that follows through ‘‘any 
purchaser’’ and inserting the following: ‘‘The Secretary of 
Agriculture shall require each purchaser’’. 
(b) CONDITIONS ON USE OF DEPOSITS.—Section 3 
of the Act of June 9, 1930 (commonly known as the 
Knutson-Vandenberg Act; 16 U.S.C. 576b), is amended— 
(1) by striking ‘‘Such deposits’’ and inserting 
the following: 
‘‘(b) Amounts deposited under subsection (a)’’; 
(2) by redesignating subsection (c) as sub-
section (d); and 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS
HR 2936 RFS
(3) by inserting before subsection (d), as so re-
designated, the following new subsection (c): 
‘‘(c)(1) Amounts in the special fund established pur-
suant to this section— 
‘‘(A) shall be used exclusively to implement ac-
tivities authorized by subsection (a); and 
‘‘(B) may be used anywhere within the Forest 
Service Region from which the original deposits were 
collected. 
‘‘(2) The Secretary of Agriculture may not deduct 
overhead costs from the funds collected under subsection 
(a), except as needed to fund personnel of the responsible 
Ranger District for the planning and implementation of 
the activities authorized by subsection (a).’’. 
SEC. 908. APPLICATION OF NORTHWEST FOREST PLAN SUR-
VEY AND MANAGE MITIGATION MEASURE 
STANDARD AND GUIDELINES. 
The Northwest Forest Plan Survey and Manage Miti-
gation Measure Standard and Guidelines shall not apply 
to any National Forest System lands or public lands. 
SEC. 909. RECONSTRUCTION AND REPAIR INCLUDED IN 
GOOD NEIGHBOR AGREEMENTS. 
Section 8206(a)(3) of the Agricultural Act of 2014 
(16 U.S.C. 2113a(a)(3)) is amended— 
(1) in subparagraph (A)— 
VerDate Sep 11 2014 
01:19 Nov 03, 2017
Jkt 079200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H2936.RFS
H2936
lotter on DSKBCFDHB2PROD with BILLS