581 
plus pursuant to the regulations issued under subsection 
(a). 
(e) ADDITIONAL STAFF
FOR IMPLEMENTATION.— 
Using funds otherwise available to the Forest Service for 
management, protection, improvement, and utilization of 
the National Forest System, the Secretary of Agriculture 
may hire additional Forest Service employees to imple-
ment the regulations issued under subsection (a). 
(f) DURATION
OF REGULATIONS; PERIODIC RE-
VIEW.—The regulations issued under subsection (a) shall 
remain in effect for a 10-year period beginning on the date 
of the issuance of the regulations, except that the contin-
ued need for the regulations shall be subject to the peri-
odic review required by the second sentence of section 
489(b)(2) of the Forest Resources Conservation and 
Shortage Relief Act of 1990 (16 U.S.C. 620a(b)(2)). 
(g) DEFINITIONS.—In this section: 
(1) COVERED TREE SPECIES.—The term ‘‘cov-
ered tree species’’ means the following pine species: 
(A) Ponderosa pine (Pinus ponderosa). 
(B) Sugar pine (Pinus lambertiana). 
(C) Jeffrey pine (Pinus jefferyi). 
(D) Lodgepole pine (Pinus contorta). 
(2) DIED
OR
DYING.—The term ‘‘died or 
dying’’, with respect to a covered tree species, shall
582 
be determined in a manner consistent with applica-
ble Forest Service standards. 
SEC. 8334. SALVAGE AND REFORESTATION IN RESPONSE 
TO CATASTROPHIC EVENTS. 
(a) EXPEDITED SALVAGE OPERATIONS AND REFOR-
ESTATION ACTIVITIES FOLLOWING LARGE-SCALE CATA-
STROPHIC EVENTS.— 
(1) 
EXPEDITED
ENVIRONMENTAL
ASSESS-
MENT.—Notwithstanding any other provision of law, 
an environmental assessment prepared by the Sec-
retary concerned pursuant to section 102 of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4332) for a salvage operation or reforestation activ-
ity proposed to be conducted on National Forest 
System lands or public lands adversely impacted by 
a large-scale catastrophic event shall be completed 
within 60 days after the conclusion of the cata-
strophic event. 
(2) EXPEDITED
IMPLEMENTATION
AND
COM-
PLETION.—In the case of reforestation activities 
conducted on National Forest System lands or pub-
lic lands adversely impacted by a large-scale cata-
strophic event, the Secretary concerned shall, to the 
maximum extent practicable, achieve reforestation of 
at least 75 percent of the impacted lands during the
583 
5-year period following the conclusion of the cata-
strophic event. 
(3) AVAILABILITY
OF
KNUTSON-VANDENBERG 
FUNDS.—Amounts in the special fund established 
pursuant 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 reforestation activities authorized 
by this section. 
(4) TIMELINE FOR PUBLIC INPUT PROCESS.— 
Notwithstanding any other provision of law, in the 
case of a salvage operation or reforestation activity 
proposed to be 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 public 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 pe-
riod specified in paragraph (1), the Secretary con-
cerned shall implement the project immediately. 
(b) COMPLIANCE WITH FOREST PLAN.—A salvage 
operation or reforestation activity authorized by this sec-
tion shall be conducted in a manner consistent with the 
forest plan applicable to the National Forest System lands
584 
or public lands covered by the salvage operation or refor-
estation activity. 
(c) PROHIBITION ON RESTRAINING ORDERS, PRE-
LIMINARY INJUNCTIONS, AND INJUNCTIONS PENDING AP-
PEAL.—No restraining order, preliminary injunction, or 
injunction 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. 
SEC. 8335. ANALYSIS OF ONLY TWO ALTERNATIVES (AC-
TION VERSUS NO ACTION) IN PROPOSED COL-
LABORATIVE FOREST MANAGEMENT ACTIVI-
TIES. 
(a) APPLICATION TO CERTAIN ENVIRONMENTAL AS-
SESSMENTS
AND
ENVIRONMENTAL
IMPACT
STATE-
MENTS.—This section shall apply whenever the Secretary 
concerned prepares an environmental assessment or an en-
vironmental impact statement pursuant to section 102 of 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4332) for a forest management activity that— 
(1) is developed through a collaborative process; 
(2) is proposed by a resource advisory com-
mittee;
585 
(3) will occur on lands identified by the Sec-
retary concerned as suitable for timber production; 
(4) will occur on lands designated by the Sec-
retary (or designee thereof) pursuant to section 
602(b) of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6591a(b)), notwithstanding wheth-
er such forest management activity is initiated prior 
to September 30, 2018; or 
(5) is covered by a community wildfire protec-
tion plan. 
(b) CONSIDERATION OF ALTERNATIVES.—In an envi-
ronmental assessment or environmental impact statement 
described in subsection (a), the Secretary concerned shall 
study, develop, and describe only the following two alter-
natives: 
(1) The forest management activity. 
(2) The alternative of no action. 
(c) ELEMENTS OF NO ACTION ALTERNATIVE.—In 
the case of the alternative of no action, the Secretary 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
586 
(E) timber production; and 
(2) the implications of a resulting decline in 
forest health, loss of habitat diversity, wildfire, or in-
sect or disease infestation, given fire and insect and 
disease historic cycles, on— 
(A) domestic water supply in the project 
area; 
(B) wildlife habitat loss; and 
(C) other economic and social factors. 
SEC. 8336. 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 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 
(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
587 
pending appeal that applies to any agency action as 
part of a forest management activity, shall not ex-
ceed 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. 
SEC. 8337. APPLICATION OF ROADLESS AREA CONSERVA-
TION RULE. 
The roadless area conservation rule established under 
part 294 of title 36, Code of Federal Regulations (or suc-
cessor regulations), shall not apply to any National Forest 
System land in the State of Alaska. 
SEC. 8338. VACANT GRAZING ALLOTMENTS MADE AVAIL-
ABLE TO CERTAIN GRAZING PERMIT HOLD-
ERS. 
(a) IN GENERAL.—The Secretary concerned shall, to 
the maximum extent practicable, make vacant grazing al-
lotments available to a holder of a grazing permit or lease
588 
issued by such Secretary if the lands covered by the permit 
or lease are unusable because of a natural disaster (includ-
ing a drought or wildfire), court-issued injunction, or con-
flict with wildlife, as determined by the Secretary con-
cerned. 
(b) TERMS AND CONDITIONS.—The terms and condi-
tions contained in a permit or lease for a vacant grazing 
allotment made available pursuant to this subsection (a) 
shall be the terms and conditions of the most recent per-
mit or lease that was applicable to such allotment. 
(c) COURT-ISSUED INJUNCTIONS.—A court may not 
issue any order enjoining the use of any allotment for 
which a permit or lease has been issued by the Secretary 
concerned and continues in effect unless the Secretary 
concerned can make a vacant grazing allotment available 
to the holder of such permit or lease. 
(d) ENVIRONMENTAL ASSESSMENT UNDER THE NA-
TIONAL ENVIRONMENTAL POLICY ACT.—Activities car-
ried out by the Secretary concerned pursuant to sub-
section (a) are a category of actions hereby designated as 
being categorically excluded from the preparation of an 
environmental assessment or an environmental impact 
statement under section 102 of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332).
589 
SEC. 8339. PILOT PROJECT FOR FOREST HEALTH, WATER-
SHED IMPROVEMENT, AND HABITAT RES-
TORATION IN NEW MEXICO. 
(a) PILOT PROJECT ESTABLISHED.—The Secretary 
of Agriculture, acting through the Chief of the Forest 
Service, shall conduct a pilot project within the Lincoln 
National Forest, Cibola National Forest, and Gila Na-
tional Forest in the State of New Mexico to analyze and 
demonstrate the effectiveness of various tools and tech-
niques to address the following natural resource concerns: 
(1) Thinning for forest health. 
(2) Watershed improvement. 
(3) Habitat restoration. 
(b) AUTHORIZED ACTIVITIES.—The Secretary of Ag-
riculture in carrying out the pilot project established 
under subsection (a) may conduct applied silvicultural in-
vestigations and treatments, including— 
(1) silvicultural investigations conducted for the 
purposes of information gathering and research re-
lating to the natural resource concerns described in 
subsection (a); and 
(2) mechanical thinning. 
(c) COUNTY REFUSAL OF SILVICULTURAL INVES-
TIGATION
OR TREATMENT.— The Secretary may not 
carry out a silvicultural investigation or treatment under 
this section if a county in which such investigation or
590 
treatment would be conducted provides a refusal to the 
Secreteray with respect to such investigation or treatment. 
(d) ENVIRONMENTAL ASSESSMENT UNDER THE NA-
TIONAL ENVIRONMENTAL POLICY ACT.—Forest manage-
ment activities carried out by the Secretary of Agriculture 
under this section are a category of actions hereby des-
ignated as being categorically excluded from the prepara-
tion of an environmental assessment or an environmental 
impact statement under section 102 of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4332). 
(f) PUBLIC PARTICIPATION.—The Secretary shall en-
courage meaningful public participation during prepara-
tion of a silvicultural investigation or treatment under this 
section. 
(g) USE OF ARBITRATION INSTEAD OF LITIGATION 
TO ADDRESS CHALLENGES TO FOREST MANAGEMENT 
ACTIVITIES.— 
(1) DISCRETIONARY
ARBITRATION
PROCESS 
PILOT PROGRAM.— 
(A) IN GENERAL.—The Secretary of Agri-
culture shall establish a discretionary arbitra-
tion pilot program as an alternative dispute res-
olution process in lieu of judicial review for the 
an objection or protest to a forest management 
activity carried out pursuant to this section.
591 
(B) ACTIVITIES
DESCRIBED.—The Sec-
retary of Agriculture, at the sole discretion of 
the Secretary, may designate objections or pro-
tests to forest management activities for arbi-
tration under the arbitration pilot program es-
tablished under subparagraph (A). 
(C) MAXIMUM
AMOUNT
OF
ARBITRA-
TIONS.—Under the arbitration pilot program, 
the Secretary concerned may not arbitrate more 
than 10 objections or protests to forest manage-
ment activities in a fiscal year in each Forest 
Service Region. 
(D) DETERMINING AMOUNT OF ARBITRA-
TIONS.—An objection or protest to a forest 
management activity shall not be counted to-
wards the limitation on number of arbitrations 
under subparagraph (C) unless— 
(i) on the date such objection or pro-
test is designated for arbitration, the forest 
management activity for which such objec-
tion or protest is filed has not been the 
subject of arbitration proceedings under 
the pilot program; and