TITLE IV—FOREST 
MANAGEMENT LITIGATION 
SEC. 401. 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 
under this Act. 
SEC. 402. 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 this Act, the court reviewing the agency ac-
tion shall balance the impact to the ecosystem likely af-
fected 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. 
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(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 ac-
tion as part of a forest management activity under 
this Act, 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. 
SEC. 403. USE OF ARBITRATION INSTEAD OF LITIGATION 
TO ADDRESS CHALLENGES TO FOREST MAN-
AGEMENT ACTIVITIES. 
(a) DISCRETIONARY ARBITRATION PROCESS PILOT 
PROGRAM.— 
(1) IN
GENERAL.—The Secretary of Agri-
culture, with respect to National Forest System 
lands, and the Secretary of the Interior, with respect 
to public lands, shall each establish a discretionary 
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arbitration pilot program as an alternative dispute 
resolution process for the activities described in 
paragraph (2). Such arbitration pilot program shall 
take place in lieu of judicial review for the activities 
described in paragraph (2). 
(2) ACTIVITIES
DESCRIBED.—The Secretary 
concerned, at the sole discretion of the Secretary, 
may designate objections or protests to forest man-
agement activities under this Act for arbitration 
under the arbitration pilot program established 
under paragraph (1). 
(3) MAXIMUM AMOUNT OF ARBITRATIONS.— 
(A) IN GENERAL.—Under the arbitration 
pilot program, the Secretary concerned may not 
arbitrate more than 10 objections or protests to 
forest management activities under this Act in 
a fiscal year in— 
(i) each Forest Service Region; and 
(ii) each State Region of the Bureau 
of Land Management. 
(B) NOT SUBJECT TO JUDICIAL REVIEW.— 
A determination made by the Secretary con-
cerned that an objection or protest to a forest 
management activity under this Act is an activ-
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ity described under paragraph (2) shall not be 
subject to judicial review. 
(4) 
DETERMINING
AMOUNT
OF
ARBITRA-
TIONS.—An objection or protest to a forest manage-
ment activity under this Act shall not be counted to-
wards the limitation 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.— 
(A) IN GENERAL.—The pilot programs es-
tablished pursuant to paragraph (1) shall ter-
minate on the date that is 7 years after the 
date of the enactment of this Act. 
(B) ACTIVITY IN ARBITRATION.—An objec-
tion or protest to a forest management activity 
under this Act that has commenced but has not 
completed arbitration on the date of termi-
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nation under subparagraph (A) shall continue 
until such arbitration is completed. 
(b) INTERVENING PARTIES.— 
(1) REQUIREMENTS.—Any person that sub-
mitted a public comment on a forest management 
activity under this Act that is subject to arbitration 
may intervene in the arbitration— 
(A) by endorsing— 
(i) the forest management activity; or 
(ii) the modification proposal sub-
mitted under subparagraph (B); or 
(B) by submitting a proposal to further 
modify the forest management activity. 
(2) DEADLINE FOR SUBMISSION.—With respect 
to an objection or protest that is designated for arbi-
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.— 
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(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 
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 this subsection. 
(B) APPOINTMENT
AFTER
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-
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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— 
(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) potential losses of life and prop-
erty; 
(iii) habitat diversity; 
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(iv) wildfire potential; 
(v) insect and disease potential; 
(vi) timber production; and 
(vii) 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) potential losses of life and 
property; 
(II) domestic water costs; 
(III) wildlife habitat loss; and 
(IV) other economic and social 
factors. 
(e) EFFECT OF DECISION.—The decision of an arbi-
trator with respect to a forest management activity under 
this Act shall— 
(1) not be considered a major Federal action; 
(2) be binding; and 
(3) not be subject to judicial review, except 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 
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respect to a forest management activity under this Act, 
the arbitration process shall be completed. 
TITLE 
V—SECURE 
RURAL 
SCHOOLS 
AND 
COMMUNITY 
SELF-DETERMINATION 
ACT 
AMENDMENTS 
SEC. 501. USE OF RESERVED FUNDS FOR TITLE II 
PROJECTS ON FEDERAL LAND AND CERTAIN 
NON-FEDERAL LAND. 
Section 204(f) of the Secure Rural Schools and Com-
munity Self-Determination Act of 2000 (16 U.S.C. 
7124(f)) is amended to read as follows: 
‘‘(f) REQUIREMENTS FOR PROJECT FUNDS.— 
‘‘(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. 
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‘‘(2) 
APPLICABILITY.—The 
requirement 
in 
paragraph (1) shall apply only to project funds re-
served by a participating county with boundaries 
that include Federal land that the Secretary con-
cerned determines has been subject to a timber or 
other forest products program in the 5 fiscal years 
preceding the fiscal year in which the funds are re-
served.’’. 
TITLE VI—STEWARDSHIP END 
RESULT CONTRACTING 
SEC. 
601. 
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 ‘‘the value 
of services received by the Chief or the Director’’ 
and all that follows through the period at the end 
and inserting the following: ‘‘the value of— 
‘‘(i) services and in-kind resources re-
ceived by the Chief or the Director under 
a stewardship contract project conducted 
under this section shall not be considered 
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monies received from the National Forest 
System or the public lands; and 
‘‘(ii) any payments made by the con-
tractor to the Chief or Director under a 
stewardship contract project conducted 
under this section shall be considered mon-
ies received from the National Forest Sys-
tem or the public lands.’’. 
SEC. 602. 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.—In the case of a contract 
or agreement between the Chief or Director and the 
private persons or other public or private entities de-
scribed in subsection (b) entered into before Feb-
ruary 7, 2014, at the request of such private persons 
or other public or private entities, the Chief or Di-
rector, as applicable, shall modify such contract or 
agreement to include the fire liability provisions de-
scribed in paragraph (7).’’. 
SEC. 603. EXTENSION OF STEWARDSHIP CONTRACTING 
MAXIMUM TERM LIMITS. 
Section 604 of the Healthy Forests Restoration Act 
of 2003 (16 U.S.C. 6591c) is amended— 
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(1) in subsection (d)(3)(B), by striking ‘‘10 
years’’ and inserting ‘‘20 years’’; and 
(2) in subsection (h), by adding at the end the 
following: 
‘‘(4) SPECIAL RULE FOR LONG-TERM STEWARD-
SHIP CONTRACTS.— 
‘‘(A) IN
GENERAL.—A long-term agree-
ment or contract entered into with an entity 
under subsection (b) by the Chief or the Direc-
tor shall provide that in the case of the can-
cellation or termination by the Chief or the Di-
rector of such long-term agreement or contract, 
the Chief or the Director, as applicable, shall 
provide 10 percent of the agreement or contract 
amount to such entity as cancellation or termi-
nation costs. 
‘‘(B) DEFINITION OF LONG-TERM AGREE-
MENT OR CONTRACT.—In this paragraph, the 
term ‘long-term agreement or contract’ means 
an agreement or contract under subsection 
(b)— 
‘‘(i) with a term of more than 5 years; 
and 
‘‘(ii) entered into on or after the date 
of the enactment of this paragraph.’’. 
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TITLE 
VII—TRIBAL 
FORESTRY 
PARTICIPATION 
AND 
PRO-
TECTION 
SEC. 701. 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.— 
‘‘(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. 
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‘‘(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— 
‘‘(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; 
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‘‘(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 
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 
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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 
‘‘(ii) the Secretary of the Interior, 
with respect to the Federal forest land re-
ferred to in subparagraph (A)(ii).’’. 
SEC. 702. TRIBAL AND ALASKA NATIVE BIOCHAR DEM-
ONSTRATION PROJECT. 
The Tribal Forest Protection Act of 2004 (25 U.S.C. 
3115a et seq.) is amended as follows: 
(1) In section 2— 
(A) by striking subsection (a); 
(B) 
by 
redesignating 
subsections 
(b) 
through (g) as subsections (a) through (f), re-
spectively, 
(C) by striking ‘‘subsection (b)’’ each place 
it appears and inserting ‘‘subsection (a)’’; and 
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(D) by striking ‘‘subsection (c)’’ each place 
it appears and inserting ‘‘subsection (b)’’. 
(2) By adding at the end the following: 
‘‘SEC. 3. TRIBAL AND ALASKA NATIVE BIOCHAR DEM-
ONSTRATION PROJECT. 
‘‘(a) STEWARDSHIP CONTRACTS OR SIMILAR AGREE-
MENTS.—For each of fiscal years 2021 through 2030, the 
Secretary shall enter into stewardship contracts or similar 
agreements (excluding direct service contracts) with In-
dian Tribes or Tribal organizations to carry out dem-
onstration projects to support the development and com-
mercialization of biochar on Indian forest land or range-
land and in nearby communities by providing reliable sup-
plies of feedstock from Federal land. 
‘‘(b) DEMONSTRATION PROJECTS.—In each fiscal 
year for which demonstration projects are authorized 
under this section, not less than 4 new demonstration 
projects that meet the eligibility criteria described in sub-
section (c) shall be carried out under contracts or agree-
ments described in subsection (a). 
‘‘(c) ELIGIBILITY CRITERIA.—To be eligible to enter 
into a contract or agreement under this section, an Indian 
Tribe shall submit to the Secretary an application that 
includes— 
‘‘(1) a description of— 
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‘‘(A) the Indian forest land or rangeland 
under the jurisdiction of the Indian Tribe; and 
‘‘(B) the demonstration project proposed 
to be carried out by the Indian Tribe; and 
‘‘(2) such other information as the Secretary 
may require. 
‘‘(d) SELECTION.—In evaluating the applications 
submitted under subsection (c), the Secretary shall— 
‘‘(1) take into consideration whether a proposed 
project— 
‘‘(A) creates new jobs and enhances the 
economic development of the Indian Tribe; 
‘‘(B) demonstrates new and innovative 
uses of biochar, viable markets for cost effective 
biochar-based products, or ecosystem services of 
biochar; 
‘‘(C) improves the forest health or water-
sheds of Federal land or Indian forest land or 
rangeland; 
‘‘(D) demonstrates new investments in 
biochar infrastructure or otherwise promotes 
the development and commercialization of 
biochar; 
‘‘(E) is located in an area with— 
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‘‘(i) nearby lands identified as having 
a high, very high, or extreme risk of wild-
fire; 
‘‘(ii) availability of sufficient quan-
tities of feedstock; or 
‘‘(iii) a high level of demand for 
biochar or other commercial byproducts of 
biochar; or 
‘‘(F) any combination of purposes specified 
in subparagraphs (A) through (E); and 
‘‘(2) exclude from consideration any merchant-
able logs that have been identified by the Secretary 
for commercial sale. 
‘‘(e) IMPLEMENTATION.—The Secretary shall— 
‘‘(1) ensure that the criteria described in sub-
section (c) are publicly available by not later than 
120 days after the date of the enactment of this sec-
tion; and 
‘‘(2) to the maximum extent practicable, consult 
with Indian Tribes and appropriate intertribal orga-
nizations likely to be affected in developing the ap-
plication and otherwise carrying out this section. 
‘‘(f) REPORT.—Not later than 2 years after the date 
of the enactment of this section and every year thereafter, 
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the Secretary shall submit to Congress a report that de-
scribes, with respect to the reporting period— 
‘‘(1) each individual Tribal application received 
under this section; and 
‘‘(2) each contract and agreement entered into 
pursuant to this section. 
‘‘(g) INCORPORATION OF MANAGEMENT PLANS.—To 
the maximum extent practicable, on receipt of a request 
from an Indian Tribe, the Secretary shall incorporate into 
a contract or agreement with that Indian Tribe entered 
into pursuant to this section, management plans (includ-
ing forest management and integrated resource manage-
ment plans and Indian Trust Asset Management Plans) 
in effect on the Indian forest land or rangeland of that 
Indian Tribe. 
‘‘(h) TERM.—A contract or agreement entered into 
under this section— 
‘‘(1) shall be for a term of not more than 20 
years; and 
‘‘(2) may be renewed in accordance with this 
section for not more than an additional 10 years. 
‘‘SEC. 4. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) BIOCHAR.—The term ‘biochar’ means car-
bonized biomass produced by converting feedstock 
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through reductive thermal processing for non-fuel 
uses. 
‘‘(2) FEDERAL LAND.—The term ‘Federal land’ 
means— 
‘‘(A) land of the National Forest System 
(as defined in section 11(a) of the Forest and 
Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1609(a)) administered by 
the Secretary of Agriculture, acting through the 
Chief of the Forest Service; and 
‘‘(B) public lands (as defined in section 
103 of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1702)), the sur-
face of which is administered by the Secretary 
of the Interior, acting through the Director of 
the Bureau of Land Management. 
‘‘(3) FEEDSTOCK.—The term ‘feedstock’ means 
excess biomass in the form of plant matter or mate-
rials that serves as the raw material for the produc-
tion of biochar. 
‘‘(4) INDIAN FOREST LAND OR RANGELAND..— 
The term ‘Indian forest land or rangeland’ means 
land that— 
‘‘(A) is held in trust by, or with a restric-
tion against alienation by, the United States for 
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an Indian Tribe or a member of an Indian 
Tribe; and 
‘‘(B)(i)(I) is Indian forest land (as defined 
in section 304 of the National Indian Forest 
Resources Management Act (25 U.S.C. 3103)); 
or 
‘‘(II) has a cover of grasses, brush, or any 
similar vegetation; or 
‘‘(ii) formerly had a forest cover or vegeta-
tive cover that is capable of restoration. 
‘‘(5) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given that term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
‘‘(6) 
SECRETARY.—The 
term 
‘Secretary’ 
means— 
‘‘(A) the Secretary of Agriculture, with re-
spect to land under the jurisdiction of the For-
est Service; and 
‘‘(B) the Secretary of the Interior, with re-
spect to land under the jurisdiction of the Bu-
reau of Land Management. 
‘‘(7) TRIBAL ORGANIZATION.—The term ‘Tribal 
organization’ has the meaning given that term in 
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section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304).’’. 
SEC. 
703. 
PROTECTION 
OF 
TRIBAL 
FOREST 
ASSETS 
THROUGH USE OF STEWARDSHIP END RE-
SULT CONTRACTING AND OTHER AUTHORI-
TIES. 
(a) PROMPT
CONSIDERATION
OF
TRIBAL
RE-
QUESTS.—Subsection (a) of section 2 of the Tribal Forest 
Protection Act of 2004 (25 U.S.C. 3115a), as redesig-
nated by section 702, is amended— 
(1) in paragraph (1), by striking ‘‘Not later 
than 120 days after the date on which an Indian 
tribe submits to the Secretary’’ and inserting ‘‘In re-
sponse to the submission by an Indian Tribe of’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(4) TIME PERIODS FOR CONSIDERATION.— 
‘‘(A) INITIAL RESPONSE.—Not later than 
120 days after the date on which the Secretary 
receives a Tribal request under paragraph (1), 
the Secretary shall provide an initial response 
to the Indian Tribe regarding— 
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‘‘(i) whether the request may meet the 
selection criteria described in subsection 
(c); and 
‘‘(ii) the likelihood of the Secretary 
entering into an agreement or contract 
with the Indian Tribe under paragraph (2) 
for activities described in paragraph (3). 
‘‘(B) NOTICE OF DENIAL.—Notice under 
subsection (d) of the denial of a Tribal request 
under paragraph (1) shall be provided not later 
than 1 year after the date on which the Sec-
retary received the request. 
‘‘(C) COMPLETION.—Not later than 2 
years after the date on which the Secretary re-
ceives a Tribal request under paragraph (1), 
other than a Tribal request denied under sub-
section (d), the Secretary shall— 
‘‘(i) complete all environmental re-
views necessary to enter into an agreement 
or contract and carry out the proposed ac-
tivities under such agreement or contract; 
and 
‘‘(ii) enter into an agreement or con-
tract with the Indian tribe under para-
graph (2).’’. 
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(b) CONFORMING AND TECHNICAL AMENDMENTS.— 
Section 2 of the Tribal Forest Protection Act of 2004 (25 
U.S.C. 3115a), as amended by section 702, is further 
amended— 
(1) in subsections (a)(1) and (e)(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))’’ in both places it appears and inserting 
‘‘section 604 of the Healthy Forests Restoration Act 
of 2003 (16 U.S.C. 6591c)’’; and 
(2) in subsection (c), by striking ‘‘denies’’ and 
all that follows through ‘‘the Secretary may’’ and in-
serting ‘‘denies a tribal request under paragraph (1) 
or (4)(B) of subsection (b), the Secretary shall’’. 
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. 
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TITLE VIII—EXPEDITING 
INTERAGENCY CONSULTATION 
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). 
SEC. 802. AGENCY CONSULTATION REQUIREMENTS. 
(a) FOREST SERVICE PLANS.—Section 6(d)(2) of the 
Forest and Rangeland Renewable Resources Planning Act 
of 1974 (16 U.S.C. 1604(d)(2)) is amended to read as 
follows: 
‘‘(2) NO
ADDITIONAL
CONSULTATION
RE-
QUIRED
UNDER
CERTAIN
CIRCUMSTANCES.—Not-
withstanding any other provision of law, the Sec-
retary shall not be required to reinitiate consultation 
under section 7(a)(2) of the Endangered Species Act 
of 1973 (16 U.S.C. 1536(a)(2)) or section 402.16 of 
title 50, Code of Federal Regulations (or successor 
regulations), on a land management plan approved, 
amended, or revised under this section when a spe-
cies is listed, critical habitat is designated, or new 
information concerning a listed species or critical 
habitat becomes available.’’. 
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(b) BUREAU OF LAND MANAGEMENT PLANS.—Sec-
tion 202 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1712) is amended by adding at the 
end the following: 
‘‘(g) NO ADDITIONAL CONSULTATION REQUIRED 
UNDER
CERTAIN
CIRCUMSTANCES.—Notwithstanding 
any other provision of law, the Secretary shall not be re-
quired to reinitiate consultation under section 7(a)(2) of 
the Endangered Species Act of 1973 (16 U.S.C. 
1536(a)(2)) or section 402.16 of title 50, Code of Federal 
Regulations (or successor regulations), on a land use plan 
approved, amended, or revised under this section when a 
species is listed, critical habitat is designated, or new in-
formation concerning a listed species or critical habitat be-
comes available.’’. 
TITLE IX—MISCELLANEOUS 
Subtitle A—Forest Management 
Provisions 
SEC. 
901. 
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 (or successor regula-
tions), to— 
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(1) authorize alternative consultation agree-
ments among Federal agencies, under which a Fed-
eral agency may determine if an action such Federal 
agency authorizes is likely to adversely affect listed 
species or critical habitat; and 
(2) if such Federal agency determines such ac-
tion is not likely to adversely affect listed species or 
critical habitat pursuant to paragraph (1), not re-
quire such Federal agency to complete a formal con-
sultation, informal consultation, or written concur-
rence of the United States Fish and Wildlife Service 
or the National Marine Fisheries Service with re-
spect to such action. 
SEC. 902. REVISION OF EXTRAORDINARY CIRCUMSTANCES 
REGULATIONS. 
(a) PROPOSED RULEMAKING; REVISION.—Not later 
than 60 days after the date of enactment of this section, 
the Secretary of Agriculture shall— 
(1) publish a notice of proposed rulemaking to 
revise section 220.6(b) of title 36, Code of Federal 
Regulations (or successor regulations), to conform 
with subsection (b); and 
(2) revise section 220.5(a)(2) of title 36, Code 
of Federal Regulations (or successor regulations), to 
exclude proposals that would substantially alter a 
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potential wilderness area from the classes of actions 
normally requiring environmental impact statements. 
(b) 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— 
(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 (or suc-
cessor regulations), of the proposed action’s cumu-
lative impact (as the term is defined in section 
1508.7 of title 40, Code of Federal Regulations (or 
successor 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-
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