I 
118TH CONGRESS 
1ST SESSION 
H. R. 188 
To direct the Secretary concerned to coordinate with impacted parties when 
conducting a forest management activity, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 9, 2023 
Mr. MCCLINTOCK (for himself, Mr. LAMALFA, Mr. MOYLAN, Mr. STAUBER, 
and Mr. VALADAO) introduced the following bill; which was referred to 
the Committee on Agriculture, and in addition to the Committee on Nat-
ural Resources, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To direct the Secretary concerned to coordinate with im-
pacted parties when conducting a forest management 
activity, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Proven Forest Man-
agement Act of 2022’’. 
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SEC. 2. FOREST MANAGEMENT ACTIVITIES FOR NATIONAL 
FOREST SYSTEM LAND. 
(a) COORDINATION.—In conducting a forest manage-
ment activity on National Forest System land, the Sec-
retary concerned shall, as appropriate, coordinate with im-
pacted parties to increase efficiency and maximize the 
compatibility of management practices across National 
Forest System land. 
(b) FOREST MANAGEMENT ACTIVITIES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), in conducting a forest management activ-
ity on National Forest System land, the Secretary 
concerned shall conduct such activity in a manner 
that attains multiple ecosystem benefits, including— 
(A) reducing forest fuels; 
(B) maintaining biological diversity; 
(C) improving wetland and water quality, 
including in Stream Environment Zones; and 
(D) increasing resilience to changing water 
temperature and precipitation. 
(2) EXCEPTION
FOR
COST.—Paragraph (1) 
shall not apply if the Secretary concerned deter-
mines that the costs associated with attaining mul-
tiple ecosystem benefits are excessive. 
(c) GROUND DISTURBANCE.—Consistent with appli-
cable Federal law and the forest plan developed for the 
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relevant National Forest System land, the Secretary con-
cerned shall— 
(1) establish any post-program ground condi-
tion criteria for a ground disturbance caused by a 
forest management activity required by such plan; 
and 
(2) provide for monitoring to ascertain the at-
tainment of relevant post-program conditions. 
(d) AVAILABILITY OF CATEGORICAL EXCLUSION FOR 
CERTAIN FOREST MANAGEMENT ACTIVITIES.—A forest 
management activity conducted on National Forest Sys-
tem land for the purpose of reducing forest fuels is cat-
egorically excluded from the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) if the forest management activity— 
(1) notwithstanding section 423 of the Depart-
ment of the Interior, Environment, and Related 
Agencies Appropriations Act, 2009 (division E of 
Public Law 111–8; 123 Stat. 748), does not exceed 
10,000 acres, including not more than 3,000 acres 
of mechanical thinning; 
(2) is developed— 
(A) in coordination with impacted parties, 
specifically including representatives of local 
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governments, such as county supervisors or 
county commissioners; and 
(B) in consultation with other interested 
entities; and 
(3) is consistent with the forest plan developed 
for the relevant National Forest System land. 
(e) COOPERATIVE
AUTHORITIES.—The Secretary 
concerned, in conjunction with land adjustment programs, 
may enter into contracts and cooperative agreements with 
a qualified entity to provide for fuel reduction, erosion 
control, reforestation, Stream Environment Zone restora-
tion, and similar management activities on Federal land 
and non-Federal land within the programs. 
(f) DEFINITIONS.—In this section: 
(1) INTERESTED ENTITIES.—The term ‘‘inter-
ested entities’’ includes— 
(A) the Administrator of the National Oce-
anic and Atmospheric Administration; 
(B) State, local, and Tribal governments; 
(C) local fire departments; and 
(D) other relevant volunteer groups. 
(2) FOREST
MANAGEMENT
ACTIVITY.—The 
term ‘‘forest management activity’’ means a project 
or activity carried out by the Secretary concerned on 
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National Forest System land and consistent with the 
forest plan covering such land. 
(3) 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)). 
(4) 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. 
(5) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) the Secretary of Agriculture, with re-
spect to National Forest System land; and 
(B) the Secretary of the Interior, with re-
spect to public lands. 
(6) STREAM ENVIRONMENT ZONE.—The term 
‘‘Stream Environment Zone’’ means an area that 
generally owes the biological and physical character-
istics of the area to the presence of surface water or 
groundwater. 
Æ 
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