I 
117TH CONGRESS 
1ST SESSION H. R. 4614 
To expedite under the National Environmental Policy Act of 1969 and im-
prove forest management activities on National Forest System lands, 
on public lands under the jurisdiction of the Bureau of Land Manage-
ment, and on Tribal lands to return resilience to overgrown, fire-prone 
forested lands, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2021 
Mr. WESTERMAN (for himself, Mr. MCCARTHY, Mr. CUELLAR, Mr. AMODEI, 
Mr. BABIN, Mr. BAIRD, Mr. BENTZ, Mr. BERGMAN, Mrs. BOEBERT, Mr. 
BOST, Mr. BURCHETT, Mr. CALVERT, Mrs. CAMMACK, Mr. CARL, Mr. 
CARTER of Georgia, Ms. CHENEY, Mr. COLE, Mr. CRAWFORD, Mr. CREN-
SHAW, Mr. CURTIS, Mr. FLEISCHMANN, Mr. FULCHER, Mr. GARCIA of 
California, Mr. GOHMERT, Miss GONZA´LEZ-COLO´N, Mr. GOOD of Vir-
ginia, Mr. GOSAR, Mr. GRAVES of Louisiana, Mr. GROTHMAN, Ms. 
HERRELL, Ms. HERRERA BEUTLER, Mr. HICE of Georgia, Mr. ISSA, Mr. 
JOHNSON of South Dakota, Mr. JOYCE of Ohio, Mr. KELLY of Mis-
sissippi, Mr. KELLY of Pennsylvania, Mr. LAMALFA, Mr. LAMBORN, Mr. 
LUCAS, Ms. MALLIOTAKIS, Mr. MCCLINTOCK, Mr. MCKINLEY, Mrs. 
RODGERS
of Washington, Mr. MEIJER, Mrs. MILLER-MEEKS, Mr. 
MOORE of Utah, Mr. NEWHOUSE, Mr. OBERNOLTE, Mr. PALMER, Mrs. 
RADEWAGEN, Mr. REED, Mr. RICE of South Carolina, Mr. ROGERS of 
Alabama, 
Mr. 
ROSENDALE, 
Ms. 
SALAZAR, 
Mr. 
SCALISE, 
Mr. 
SCHWEIKERT, Mr. SIMPSON, Mr. SMITH of Missouri, Mr. STAUBER, Mrs. 
STEEL, Mr. THOMPSON of Pennsylvania, Mr. TIFFANY, Mr. VALADAO, 
Mr. WEBER of Texas, Mr. WEBSTER of Florida, Mr. WITTMAN, Mr. 
YOUNG, Mrs. KIM of California, and Mr. TIMMONS) introduced the fol-
lowing bill; which was referred to the Committee on Agriculture, and in 
addition to the Committee on Natural Resources, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
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A BILL 
To expedite under the National Environmental Policy Act 
of 1969 and improve forest management activities on 
National Forest System lands, on public lands under 
the jurisdiction of the Bureau of Land Management, 
and on Tribal lands to return resilience to overgrown, 
fire-prone forested lands, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Resilient Federal Forests Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Rule of application for National Forest System lands and public lands. 
TITLE I—EMERGENCY FIRESHED MANAGEMENT 
Sec. 101. Emergency fireshed management. 
TITLE 
II—STREAMLINED 
ENVIRONMENTAL 
ANALYSIS 
AND 
AVAILABILITY OF CATEGORICAL EXCLUSIONS TO EXPEDITE 
FOREST MANAGEMENT ACTIVITIES 
Subtitle A—Analysis of Proposed Collaborative Forest Management Activities 
Sec. 201. Analysis of only two alternatives (action versus no action) in proposed 
collaborative forest management activities. 
Subtitle B—Categorical Exclusions 
Sec. 211. Categorical exclusion to expedite certain critical response actions. 
Sec. 212. Categorical exclusion for early successional forests. 
Sec. 213. Categorical exclusion for outdoor recreation. 
Sec. 214. Categorical exclusion for infrastructure improvements. 
Sec. 215. Categorical exclusion for road side projects. 
Sec. 216. Categorical exclusion to improve or restore National Forest System 
lands or public land or reduce the risk of wildfire. 
Sec. 217. Categorical exclusion for wildfire prevention and drought mitigation. 
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Sec. 218. Clarification of existing categorical exclusion authority related to in-
sect and disease infestation. 
Sec. 219. Clarification of existing categorical exclusion authority related to 
wildfire resilience projects. 
Sec. 220. Categorical exclusion for joint projects. 
Sec. 221. Use of established categorical exclusions. 
Subtitle C—General Provisions for Forest Management Activities 
Sec. 231. Compliance with forest plans. 
Sec. 232. Consultation under the National Historic Preservation Act. 
Sec. 233. Consultation under the Endangered Species Act. 
Sec. 234. Forest management activities considered non-discretionary actions. 
TITLE III—SALVAGE AND REFORESTATION IN RESPONSE TO 
CATASTROPHIC EVENTS 
Sec. 301. Categorical exclusion to expedite salvage operations in response to 
catastrophic events. 
Sec. 302. Expedited salvage operations and reforestation activities following 
large-scale catastrophic events. 
Sec. 303. Compliance with forest plan. 
Sec. 304. Prohibition on restraining orders, preliminary injunctions, and injunc-
tions pending appeal. 
TITLE IV—FOREST MANAGEMENT LITIGATION 
Sec. 401. No attorney fees for forest management activity challenges. 
Sec. 402. Injunctive relief. 
Sec. 403. Use of arbitration instead of litigation to address challenges to forest 
management activities. 
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. 
TITLE VI—STEWARDSHIP END RESULT CONTRACTING 
Sec. 601. Payment of portion of stewardship project revenues to county in 
which stewardship project occurs. 
Sec. 602. Fire liability provision. 
Sec. 603. Extension of stewardship contracting maximum term limits. 
TITLE VII—TRIBAL FORESTRY PARTICIPATION AND PROTECTION 
Sec. 701. Management of Indian Forest Land authorized to include related Na-
tional Forest System lands and public lands. 
Sec. 702. Tribal and Alaska Native biochar demonstration project. 
Sec. 703. Protection of tribal forest assets through use of stewardship end re-
sult contracting and other authorities. 
Sec. 704. Rule of application. 
TITLE VIII—EXPEDITING INTERAGENCY CONSULTATION 
Sec. 801. Forest plans not considered major Federal actions. 
Sec. 802. Agency consultation requirements. 
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TITLE IX—MISCELLANEOUS 
Subtitle A—Forest Management Provisions 
Sec. 901. Revision of alternate consultation agreement regulations. 
Sec. 902. Revision of extraordinary circumstances regulations. 
Sec. 903. Conditions on forest service road decommissioning. 
Sec. 904. Prohibition on application of Eastside Screens requirements on Na-
tional Forest System lands. 
Sec. 905. Use of site-specific forest plan amendments for certain projects and 
activities. 
Sec. 906. Knutson-Vandenberg Act. 
Sec. 907. Application of northwest forest plan survey and manage mitigation 
measure standard and guidelines. 
Sec. 908. Designation of certain treatment areas. 
Sec. 909. Good neighbor agreements. 
Sec. 910. Giant sequoia trees protection plan. 
Subtitle B—Oregon and California Railroad Grant Lands and Coos Bay 
Wagon Road Grant Lands 
Sec. 921. Amendments to the Act of August 28, 1937. 
Sec. 922. Oregon and California Railroad Grant Lands and Coos Bay Wagon 
Road Grant Lands Permanent Rights of Access. 
Sec. 923. Management of Bureau of Land Management Lands in Western Or-
egon. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CATASTROPHIC EVENT.—The term ‘‘cata-
strophic event’’ means— 
(A) any natural disaster (such as a hurri-
cane, tornado, windstorm, snow or ice storm, 
rain storm, high water, wind-driven water, tidal 
wave, earthquake, volcanic eruption, landslide, 
mudslide, drought, or insect or disease out-
break); or 
(B) any fire, flood, or explosion, regardless 
of cause. 
(2) COLLABORATIVE PROCESS.—The term ‘‘col-
laborative process’’ means a process relating to the 
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management of National Forest System lands or 
public lands by which a project or forest manage-
ment activity is developed and implemented by the 
Secretary concerned through collaboration with mul-
tiple interested persons representing diverse inter-
ests. 
(3) 
COMMUNITY
WILDFIRE
PROTECTION 
PLAN.—The term ‘‘community wildfire protection 
plan’’ has the meaning given that term in section 
101 of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6511). 
(4) COOS BAY WAGON ROAD GRANT LANDS.— 
The term ‘‘Coos Bay Wagon Road Grant lands’’ 
means the lands reconveyed to the United States 
pursuant to the first section of the Act of February 
26, 1919 (40 Stat. 1179). 
(5) FOREST
MANAGEMENT
ACTIVITY.—The 
term ‘‘forest management activity’’ means a project 
or activity carried out by the Secretary concerned on 
National Forest System lands or public lands con-
sistent with the forest plan covering such lands. 
(6) FOREST
PLAN.—The term ‘‘forest plan’’ 
means— 
(A) a land use plan prepared by the Bu-
reau of Land Management for public lands pur-
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suant to section 202 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 
1712); or 
(B) a land and resource management plan 
prepared by the Forest Service for a unit of the 
National Forest System pursuant to section 6 
of the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 
1604). 
(7) LARGE-SCALE CATASTROPHIC EVENT.—The 
term ‘‘large-scale catastrophic event’’ means a cata-
strophic event that adversely impacts at least 5,000 
acres of reasonably contiguous National Forest Sys-
tem lands or public lands, as determined by the Sec-
retary concerned. 
(8) NATIONAL
FOREST
SYSTEM.—The term 
‘‘National Forest System’’ has the meaning given 
that term in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609(a)). 
(9) OREGON AND CALIFORNIA RAILROAD GRANT 
LANDS.—The term ‘‘Oregon and California Railroad 
Grant lands’’ means the following lands: 
(A) All lands in the State of Oregon re-
vested in the United States under the Act of 
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June 9, 1916 (39 Stat. 218), that are adminis-
tered by the Secretary of the Interior, acting 
through the Bureau of Land Management, pur-
suant to the first section of the Act of August 
28, 1937 (43 U.S.C. 1181a). 
(B) All lands in that State obtained by the 
Secretary of the Interior pursuant to the land 
exchanges authorized and directed by section 2 
of the Act of June 24, 1954 (43 U.S.C. 1181h). 
(C) All lands in that State acquired by the 
United States at any time and made subject to 
the provisions of title II of the Act of August 
28, 1937 (43 U.S.C. 1181f). 
(10) PUBLIC LANDS.—The term ‘‘public lands’’ 
has the meaning given that term in section 103 of 
the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702), except that the term in-
cludes Coos Bay Wagon Road Grant lands and Or-
egon and California Railroad Grant lands. 
(11) REFORESTATION
ACTIVITY.—The term 
‘‘reforestation activity’’— 
(A) means a project or forest management 
activity carried out by the Secretary concerned 
that has the primary purpose of reforestation of 
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lands impacted by a large-scale catastrophic 
event; and 
(B) includes planting, evaluating and en-
hancing natural regeneration, clearing com-
peting vegetation, and other activities related to 
reestablishment of forest species on such im-
pacted lands. 
(12) RESOURCE
ADVISORY
COMMITTEE.—The 
term ‘‘resource advisory committee’’ has the mean-
ing given that term in section 201 of the Secure 
Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7121). 
(13) SALVAGE OPERATION.—The term ‘‘salvage 
operation’’ means a forest management activity or 
restoration activity carried out in response to a cata-
strophic event for which the primary purpose is— 
(A) to prevent wildfire as a result of the 
catastrophic event, or, if the catastrophic event 
was wildfire, to prevent a re-burn of the fire-im-
pacted area; 
(B) to provide an opportunity for utiliza-
tion of forest materials damaged as a result of 
the catastrophic event; or 
(C) to provide a funding source for refor-
estation and other restoration activities for the 
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National Forest System lands or public lands 
impacted by the catastrophic event. 
(14) 
SECRETARY
CONCERNED.—The 
term 
‘‘Secretary concerned’’ means— 
(A) the Secretary of Agriculture, with re-
spect to National Forest System lands; and 
(B) the Secretary of the Interior, with re-
spect to public lands. 
SEC. 3. RULE OF APPLICATION FOR NATIONAL FOREST 
SYSTEM LANDS AND PUBLIC LANDS. 
Unless otherwise specifically provided by a provision 
of titles I through IX, the authorities provided by such 
titles do not apply with respect to any National Forest 
System lands or public lands— 
(1) that are included in the National Wilderness 
Preservation System; 
(2) that are located within a national or State- 
specific inventoried roadless area established by the 
Secretary of Agriculture through regulation, un-
less— 
(A) the forest management activity to be 
carried out under such authority is consistent 
with the forest plan applicable to the area; or 
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(B) the Secretary concerned determines 
the activity is allowed under the applicable 
roadless rule governing such lands; or 
(3) on which timber harvesting for any purpose 
is prohibited by Federal statute. 
TITLE I—EMERGENCY FIRESHED 
MANAGEMENT 
SEC. 101. EMERGENCY FIRESHED MANAGEMENT. 
Title VI of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6591 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 607. EMERGENCY FIRESHED MANAGEMENT. 
‘‘(a) ESTABLISHMENT OF FIRESHED MANAGEMENT 
AREAS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) JOINT AGREEMENTS.—Not later than 
90 days after receiving a request from a Gov-
ernor of a State, the Secretary shall enter into 
an agreement with such Governor to jointly— 
‘‘(i) designate 1 or more fireshed 
management areas within such State; and 
‘‘(ii) conduct fireshed management 
projects in accordance with subsection (c) 
on such fireshed management areas. 
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‘‘(B) ADDITIONAL
FIRESHED
MANAGE-
MENT AREAS.—With respect to an agreement 
with a Governor of a State under subparagraph 
(A), the Secretary, if requested by such Gov-
ernor, may— 
‘‘(i) 
designate 
additional 
fireshed 
management areas under such agreement; 
and 
‘‘(ii) update such agreement to ad-
dress new wildfire threats. 
‘‘(C) 
SHARED
STEWARDSHIP.—A 
pre-
viously signed shared stewardship agreement 
between a Governor of a State and the Sec-
retary (or an update or successor agreement to 
such shared stewardship agreement) may be 
treated as an agreement under subparagraph 
(A) if such Governor approves such treatment. 
‘‘(2) DESIGNATION OF FIRESHED MANAGEMENT 
AREAS.— 
‘‘(A) IN
GENERAL.—A fireshed manage-
ment area designated under an agreement 
under paragraph (1)— 
‘‘(i) shall be— 
‘‘(I) a landscape-scale area; and 
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‘‘(II) identified on the date of 
such designation as a fireshed ranked 
in the top 10 percent of wildfire expo-
sure, as determined by the most re-
cently published models of fireshed 
risk exposure published by the Forest 
Service; 
‘‘(ii) may not overlap with any other 
fireshed management area; and 
‘‘(iii) may contain Federal and non- 
Federal land. 
‘‘(B) APPLICABILITY OF NEPA.—The des-
ignation of a fireshed management area under 
an agreement under paragraph (1) shall not be 
subject to the requirements of the National En-
vironmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). 
‘‘(b) 
STEWARDSHIP
AND
FIRESHED
ASSESS-
MENTS.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after entering into an agreement with a Governor of 
a State under subsection (a)(1), the Secretary and 
such Governor shall, with respect to the fireshed 
management areas designated under such agree-
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ment, jointly conduct a stewardship and fireshed as-
sessment that— 
‘‘(A) identifies— 
‘‘(i) using the best available data, 
wildfire exposure risks within each such 
fireshed management area, including sce-
nario planning and wildfire hazard map-
ping and models; and 
‘‘(ii) each at-risk community within 
each fireshed management area; 
‘‘(B) identifies potential fireshed manage-
ment projects to be carried out in such fireshed 
management areas, giving priority— 
‘‘(i) primarily, to projects with the 
purpose of reducing threats to public 
health and safety from catastrophic wild-
fire; 
‘‘(ii) secondarily, to projects with the 
purpose of protecting— 
‘‘(I) critical infrastructure; 
‘‘(II) wildlife habitats; 
‘‘(III) watersheds or improving 
water yield; or 
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‘‘(IV) any combination of pur-
poses described in subclauses (I) 
through (III); 
‘‘(C) includes— 
‘‘(i) a strategy for reducing the threat 
of wildfire to at-risk communities in the 
wildland-urban interface; 
‘‘(ii) recommended fireshed manage-
ment project size limitations based on the 
best available data; 
‘‘(iii) a timeline for the implementa-
tion of fireshed management projects; and 
‘‘(iv) long-term benchmark goals for 
the completion of fireshed management 
projects in the highest wildfire exposure 
areas; and 
‘‘(D) shall be regularly updated based on 
the best available data, as determined by the 
Secretary. 
‘‘(2) INFORMATION IMPROVEMENT.— 
‘‘(A) 
MEMORANDUMS
OF
UNDER-
STANDING.—In carrying out a stewardship and 
fireshed assessment under this subsection, the 
Secretary may enter into memorandums of un-
derstanding with other Federal agencies or de-
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partments, States, private entities, or research 
or educational institutions to improve, with re-
spect to such assessment, the use and integra-
tion of— 
‘‘(i) advanced remote sensing and 
geospatial technologies; 
‘‘(ii) statistical modeling and analysis; 
or 
‘‘(iii) any other technology the Sec-
retary determines will benefit the quality of 
information of such an assessment. 
‘‘(B) STATE INFORMATION.—To the max-
imum extent practicable, the Secretary shall in-
corporate data from State forest action plans, 
State wildfire risk assessments, and other State 
sources in conducting an assessment under 
paragraph (1). 
‘‘(c) FIRESHED MANAGEMENT PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out fireshed management projects in fireshed man-
agement areas designated under an agreement under 
subsection (a)(1) in accordance with the timeline 
and project size limitations included in the steward-
ship and fireshed assessment relating to such areas 
under subsection (b)(1)(C). 
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‘‘(2) REQUIREMENTS.—A fireshed management 
project shall— 
‘‘(A) be carried out— 
‘‘(i) in accordance with paragraph (3); 
and 
‘‘(ii) in accordance with the applicable 
forest management plan; and 
‘‘(B) be— 
‘‘(i) developed through a collaborative 
process; 
‘‘(ii) proposed by a resource advisory 
committee (as defined in section 201 of the 
Secure Rural Schools and Community Self- 
Determination Act of 2000 (16 U.S.C. 
7121)); or 
‘‘(iii) covered by a community wildfire 
protection plan. 
‘‘(3) AUTHORIZED
ACTIVITIES.—A fireshed 
management project shall have the primary purpose 
of— 
‘‘(A) creating fuel breaks and fire breaks; 
‘‘(B) conducting hazardous fuels manage-
ment; 
‘‘(C) conducting prescribed burns; 
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‘‘(D) removing dead trees, dying trees, or 
trees at high-risk of dying; or 
‘‘(E) carrying out any combination of the 
activities 
described 
in 
subparagraphs 
(A) 
through (D). 
‘‘(4) CATEGORICAL EXCLUSION FOR FIRESHED 
MANAGEMENT
PROJECTS.—Fireshed management 
projects under this subsection shall be— 
‘‘(A) considered an action categorically ex-
cluded from the from the preparation of an en-
vironmental assessment or an environmental 
impact statement under section 102 of the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4332); and 
‘‘(B) exempt from the special administra-
tive review process under section 105. 
‘‘(5) EXCLUSIONS.—A fireshed management 
project may not be carried out on lands— 
‘‘(A) that are included in the National Wil-
derness Preservation System; 
‘‘(B) that are located within a national or 
State-specific inventoried roadless area estab-
lished by the Secretary of Agriculture through 
regulation, unless— 
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‘‘(i) the forest management activity to 
be carried out under such authority is con-
sistent with the forest plan applicable to 
the area; or 
‘‘(ii) the activity is allowed under the 
applicable roadless rule governing such 
lands, including— 
‘‘(I) the Idaho roadless rule 
under subpart C of part 294 or title 
36, Code of Federal Regulations; 
‘‘(II) the Colorado roadless rule 
under subpart D of part 294 of title 
36, Code of Federal Regulations; or 
‘‘(III) any other roadless rule de-
veloped after the date of the enact-
ment of this section by the Secretary 
with respect to a specific State; or 
‘‘(C) on which timber harvesting for any 
purpose is prohibited by Federal statute. 
‘‘(6) RULE
OF
CONSTRUCTION
FOR
CERTAIN 
ROADLESS RULES.—Nothing in this section shall be 
construed to affect the roadless rules described in 
subclauses (I) and (II) of paragraph (5)(B)(ii). 
‘‘(7) USE
OF
OTHER
AUTHORITIES.—To the 
maximum extent practicable, the Secretary shall use 
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existing statutory and administrative authorities, in-
cluding a good neighbor agreement entered into 
under section 8206 of the Agricultural Act of 2014 
(16 U.S.C. 2113a), to carry out each fireshed man-
agement project. 
‘‘(d) JUDICIAL REVIEW.—Section 106 shall apply to 
fireshed management projects conducted under this sec-
tion in the same manner as such section applies to an au-
thorized hazardous fuels reduction project conducted 
under title I, except that no restraining order, preliminary 
injunction, or injunction pending appeal shall be issued 
by any court of the United States with respect to any deci-
sion to prepare or conduct a fireshed management project 
in the wildland-urban interface. 
‘‘(e) REPORT REQUIRED.—Not later than 2 years 
after the date of the enactment of this section and annu-
ally thereafter, the Secretary shall submit to Congress a 
report evaluating the progress and implementation of 
fireshed management projects under this section. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) COLLABORATIVE
PROCESS.—The term 
‘collaborative process’ means a process relating to 
the management of National Forest System lands or 
public lands by which a project or forest manage-
ment activity is developed and implemented by the 
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Secretary through collaboration with interested per-
sons, as described in section 603(b)(1)(C). 
‘‘(2) FIRESHED.—The term ‘fireshed’ means a 
landscape-scale area that faces similar wildfire 
threat where a response strategy could influence the 
wildfire outcome. 
‘‘(3) FOREST
PLAN.—The term ‘forest plan’ 
means— 
‘‘(A) a land use plan prepared by the Bu-
reau of Land Management for public lands pur-
suant to section 202 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 
1712); or 
‘‘(B) a land and resource management 
plan prepared by the Forest Service for a unit 
of the National Forest System pursuant to sec-
tion 6 of the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 
1604). 
‘‘(4) HAZARDOUS FUELS MANAGEMENT.—The 
term ‘hazardous fuels management’ means any vege-
tation management activities that reduce the risk of 
wildfire, including mechanical treatments and live-
stock grazing. 
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‘‘(5) 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. 
‘‘(6) RESOURCE
ADVISORY
COMMITTEE.—The 
term ‘resource advisory committee’ has the meaning 
given that term in section 201 of the Secure Rural 
Schools and Community Self-Determination Act of 
2000 (16 U.S.C. 7121). 
‘‘(7) 
SECRETARY.—The 
term 
‘Secretary’ 
means— 
‘‘(A) the Secretary of Agriculture, with re-
spect to National Forest System lands; and 
‘‘(B) the Secretary of the Interior, with re-
spect to public lands. 
‘‘(8) SECTION 101 TERMS.—The terms ‘at-risk 
community’, ‘community wildfire protection plan’, 
and ‘wildland-urban interface’ have the meanings 
given such terms, respectively, in section 101.’’. 
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TITLE II—STREAMLINED ENVI-
RONMENTAL ANALYSIS AND 
AVAILABILITY OF CATEGOR-
ICAL EXCLUSIONS TO EXPE-
DITE FOREST MANAGEMENT 
ACTIVITIES 
Subtitle A—Analysis of Proposed 
Collaborative 
Forest 
Manage-
ment Activities 
SEC. 201. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION 
VERSUS NO ACTION) IN PROPOSED COLLABO-
RATIVE FOREST MANAGEMENT ACTIVITIES. 
(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) will occur on lands identified as the Sec-
retary concerned as suitable for timber production; 
and 
(2) meets at least one of the following condi-
tions: 
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(A) The forest management activity will 
occur on lands designated by the Secretary (or 
designee thereof) pursuant to section 602(b) of 
the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6591a(b)), notwithstanding whether 
such forest management activity is initiated 
prior to the date of enactment of this Act. 
(B) The forest management activity is de-
veloped through a collaborative process. 
(C) The forest management activity is pro-
posed by a resource advisory committee. 
(D) The forest management activity is cov-
ered by a community wildfire protection plan. 
(b) CONSIDERATION OF ALTERNATIVES.—In the case 
of an environmental assessment or environmental impact 
statement described in subsection (a), the Secretary con-
cerned shall study, develop, and describe only the following 
two alternatives: 
(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 described in sub-
section (b)(2), the Secretary concerned shall consider 
whether to evaluate— 
(1) the effect of no action on— 
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(A) forest health; 
(B) potential losses of life and property; 
(C) habitat diversity; 
(D) wildfire potential; 
(E) insect and disease potential; and 
(F) 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) potential losses of life and property; 
(B) domestic water supply in the project 
area; 
(C) wildlife habitat loss; and 
(D) other economic and social factors. 
Subtitle B—Categorical Exclusions 
SEC. 211. CATEGORICAL EXCLUSION TO EXPEDITE CER-
TAIN CRITICAL RESPONSE ACTIONS. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
a category of actions hereby designated as being categori-
cally excluded from the preparation of an environmental 
assessment or an environmental impact statement under 
section 102 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332). 
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(b) FOREST MANAGEMENT ACTIVITIES DESIGNATED 
FOR CATEGORICAL EXCLUSION.—The forest management 
activities designated under this section for a categorical 
exclusion are forest management activities carried out by 
the Secretary concerned on National Forest System lands 
or public lands where the primary purpose of such activity 
is— 
(1) to address an insect or disease infestation; 
(2) to reduce hazardous fuel loads; 
(3) to protect a municipal water source; 
(4) to maintain, enhance, or modify critical 
habitat to protect such habitat from catastrophic 
disturbances; 
(5) to increase water yield; 
(6) to remove dead or dying trees or trees at 
high risk of dying; 
(7) to facilitate native species restoration; or 
(8) any combination of the purposes specified in 
paragraphs (1) through (7). 
(c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
Secretary concerned may use the categorical exclusion es-
tablished under subsection (a) in accordance with this sec-
tion. 
(d) ACREAGE LIMITATIONS.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2), a forest management activity covered by 
the categorical exclusion established under sub-
section (a) may not contain treatment units exceed-
ing a total of 10,000 acres. 
(2) LARGER
AREAS
AUTHORIZED.—A forest 
management activity covered by the categorical ex-
clusion established under subsection (a) may contain 
treatment units exceeding a total of 10,000 acres 
but not more than a total of 30,000 acres if the for-
est management activity— 
(A) is developed through a collaborative 
process; 
(B) is proposed by a resource advisory 
committee; or 
(C) is covered by a community wildfire 
protection plan. 
SEC. 212. CATEGORICAL EXCLUSION FOR EARLY SUCCES-
SIONAL FORESTS. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
a category of actions hereby designated as being categori-
cally excluded from the preparation of an environmental 
assessment or an environmental impact statement under 
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section 102 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332). 
(b) FOREST MANAGEMENT ACTIVITIES DESIGNATED 
FOR CATEGORICAL EXCLUSION.—The forest management 
activities designated under this section for a categorical 
exclusion are forest management activities carried out by 
the Secretary concerned on National Forest System lands 
or public lands where the primary purpose of such activity 
is, consistent with the applicable forest plan, to modify, 
improve, enhance, or create early successional forests for 
wildlife habitat improvement and other purposes. 
(c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
Secretary concerned may use the categorical exclusion es-
tablished under subsection (a) in accordance with this sec-
tion. 
(d) PROJECT GOALS.—To the maximum extent prac-
ticable, the Secretary concerned shall design forest man-
agement activities described in subsection (b)— 
(1) to meet early successional forest goals; and 
(2) to maximize production and regeneration of 
priority species, as identified in the forest plan and 
consistent with the capability of the treatment units. 
(e) ACREAGE LIMITATIONS.—A forest management 
activity covered by the categorical exclusion established 
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under subsection (a) may not contain treatment units ex-
ceeding a total of 10,000 acres. 
SEC. 213. CATEGORICAL EXCLUSION FOR OUTDOOR RECRE-
ATION. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—Ac-
tivities described in subsection (b) are a category of ac-
tions hereby designated as being categorically excluded 
from the preparation of an environmental assessment or 
an environmental impact statement under section 102 of 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4332). 
(b) ACTIVITIES DESIGNATED FOR CATEGORICAL EX-
CLUSION.—The activities designated under this section for 
a categorical exclusion are activities carried out by the 
Secretary concerned on National Forest System lands or 
public lands where the primary purpose of such activity 
is to— 
(1) issue, amend, replace, or extend the admin-
istrative terms of an existing or expired special use 
authorization, if the holder or applicant of such spe-
cial use authorization is in full compliance with the 
terms and conditions of such special use authoriza-
tion; 
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(2) modify, remove, repair, maintain, recon-
struct, or replace a facility for an existing special 
use authorization; 
(3) issue a new special use authorization or 
amendment to an existing special use authorization 
for activities that will occur on existing roads, trails, 
facilities, or areas approved for use in an applicable 
forest plan or other documented decision; 
(4) approve, modify, or continue special uses of 
National Forest System lands or public lands for 
less than 5 years; 
(5) approve, modify, or continue special use au-
thorizations on National Forest System land that re-
quire less than 20 acres of contiguous land; 
(6) operate, maintain, modify, construct, recon-
struct, improve, decommission, relocate, or dispose 
of buildings, infrastructure, or other improvements 
at developed recreation sites; 
(7) remove hazard trees for the purpose of pro-
tecting public health or safety or improving access to 
a recreation site; or 
(8) any combination of the purposes specified in 
paragraphs (1) through (7). 
(c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
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Secretary concerned may use the categorical exclusion es-
tablished under subsection (a) in accordance with this sec-
tion. 
SEC. 214. CATEGORICAL EXCLUSION FOR INFRASTRUC-
TURE IMPROVEMENTS. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—Ac-
tivities described in subsection (b) are a category of ac-
tions hereby designated as being categorically excluded 
from the preparation of an environmental assessment or 
an environmental impact statement under section 102 of 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4332). 
(b) ACTIVITIES DESIGNATED FOR CATEGORICAL EX-
CLUSION.—The activities designated under this section for 
a categorical exclusion are activities carried out by the 
Secretary concerned on National Forest System lands or 
public lands where the primary purpose of such activity 
is to— 
(1) convert an unauthorized road or trail into 
a National Forest System road or trail; 
(2) construct or realign segments of National 
Forest System roads or roads on Federal land not 
exceeding 5 miles; 
(3) construct segments of National Forest Sys-
tem roads not exceeding 10 miles; 
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(4) reclassify a National Forest System road or 
roads on Federal lands at a different maintenance 
level; 
(5) reconstruct or rehabilitate bridges; 
(6) approve new or additional communications 
facilities, associated improvements, or communica-
tion uses at a site already identified as available for 
such purposes; 
(7) maintain, construct, reconstruct, improve, 
decommission, relocate, or dispose of buildings, in-
frastructure, or other improvements at administra-
tive sites; 
(8) approve the use of land for a utility corridor 
that crosses a National Forest; or 
(9) any combination of the purposes specified in 
paragraphs (1) through (8). 
(c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
Secretary concerned may use the categorical exclusion es-
tablished under subsection (a) in accordance with this sec-
tion. 
SEC. 215. CATEGORICAL EXCLUSION FOR ROAD SIDE 
PROJECTS. 
(a) CATEGORICAL
EXCLUSION
ESTABLISHED.— 
Projects carried out by the Secretary concerned to remove 
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hazard trees or to salvage timber for purposes of the pro-
tection of public health or safety, water supply, or public 
infrastructure 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). 
(b) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
Secretary concerned may use the categorical exclusion es-
tablished under subsection (a) in accordance with this sec-
tion. 
(c) HEALTHY FORESTS RESTORATION ACT RE-
QUIREMENTS.— 
(1) ADMINISTRATIVE REVIEW.—A project that 
is categorically excluded under this section shall be 
subject to the requirements of subsections (d), (e), 
and (f) of section 603 of the Healthy Forests Res-
toration Act of 2003 (16 U.S.C. 6591). 
(2) HAZARDOUS
FUEL
REDUCTION
ON
FED-
ERAL
LAND.—A project that is categorically ex-
cluded under this section shall be subject to the re-
quirements of sections 102, 104, 105, and 106 of 
title I of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6511 et seq.). 
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SEC. 216. CATEGORICAL EXCLUSION TO IMPROVE OR RE-
STORE NATIONAL FOREST SYSTEM LANDS OR 
PUBLIC LAND OR REDUCE THE RISK OF 
WILDFIRE. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
a category of actions hereby designated as being categori-
cally excluded from the preparation of an environmental 
assessment or an environmental impact statement under 
section 102 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332). 
(b) FOREST MANAGEMENT ACTIVITIES DESIGNATED 
FOR CATEGORICAL EXCLUSION.— 
(1) DESIGNATION.—The forest management ac-
tivities designated under this section for a categor-
ical exclusion are forest management activities de-
scribed in paragraph (2) that are carried out by the 
Secretary concerned on National Forest System 
Lands or public lands where the primary purpose of 
such activity is to improve or restore such lands or 
reduce the risk of wildfire on such lands. 
(2) ACTIVITIES
AUTHORIZED.—The following 
activities may be carried out pursuant to the cat-
egorical exclusion established under subsection (a): 
(A) Removal of noxious weeds through 
late-season livestock grazing, targeted livestock 
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grazing, prescribed burns, or mechanical treat-
ments. 
(B) Performance of hazardous fuels man-
agement. 
(C) Creation of fuel and fire breaks. 
(D) Modification of existing fences in order 
to distribute livestock and help improve wildlife 
habitat. 
(E) Installation of erosion control devices. 
(F) Construction of new permanent infra-
structure and maintenance of existing perma-
nent infrastructure, including stock ponds, 
water catchments, and water spring boxes used 
to benefit livestock and improve wildlife habitat. 
(G) Performance of soil treatments, native 
and non-native seeding, and planting and trans-
planting of sagebrush, grass, forb, shrub, and 
other species of grass. 
(H) Use of herbicides, so long as the Sec-
retary concerned determines that the activity is 
otherwise conducted consistently with the forest 
plan applicable to the area covered by the activ-
ity. 
(c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
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Secretary concerned may use the categorical exclusion es-
tablished under subsection (a) in accordance with this sec-
tion. 
(d) ACREAGE LIMITATIONS.—A forest management 
activity covered by the categorical exclusion established 
under subsection (a) may not exceed 10,000 acres. 
(e) DEFINITIONS.—In this section: 
(1) HAZARDOUS
FUELS
MANAGEMENT.—The 
term ‘‘hazardous fuels management’’ means any 
vegetation management activities that reduce the 
risk of wildfire. 
(2) LATE-SEASON GRAZING.—The term ‘‘late- 
season grazing’’ means grazing activities that 
occur— 
(A) after both the invasive species and na-
tive perennial species have completed their cur-
rent-year annual growth cycle; and 
(B) before new plant growth begins to ap-
pear in the following year. 
(3) NOXIOUS
WEEDS.—The term ‘‘noxious 
weeds’’ includes juniper trees, medusahead rye, coni-
fer trees, pin˜on pine trees, cheatgrass, and other 
noxious or invasive weeds specified on a Federal or 
State noxious weed list. 
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(4) 
TARGETED
LIVESTOCK
GRAZING.—The 
term ‘‘targeted livestock grazing’’ means grazing 
used for purposes of hazardous fuel management. 
SEC. 217. CATEGORICAL EXCLUSION FOR WILDFIRE PRE-
VENTION AND DROUGHT MITIGATION. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
a category of actions hereby designated as being categori-
cally excluded from the preparation of an environmental 
assessment or an environmental impact statement under 
section 102 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4332). 
(b) FOREST MANAGEMENT ACTIVITIES DESIGNATED 
FOR CATEGORICAL EXCLUSION.—The forest management 
activities designated under this section for a categorical 
exclusion are forest management activities carried out by 
the Secretary concerned on National Forest System lands 
or public lands where the primary purpose of such activity 
is to— 
(1) protect a municipal or Tribal water source 
from damage caused by wildfire; 
(2) improve ecosystem health, resilience, and 
other watershed and habitat conditions; 
(3) improve, maintain, or restore water yield or 
quality; 
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800.4(b)(2) of title 36, Code of Federal Regulations (or 
successor regulations). 
SEC. 233. 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 species list-
ed under section 4 of such Act (16 U.S.C. 1533) or a crit-
ical habitat (as defined in section 3 of such Act (16 U.S.C. 
1532)). 
(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 before the last day of the 90-day 
period beginning on the date on which such con-
sultation was requested by the Secretary concerned. 
(2) NO CONCLUSION.—In the case of a con-
sultation described in paragraph (1) that is not con-
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