Resilient Federal Forests Act
Bill: H.R.4614 | Sponsor: Rep. Westerman, Bruce (R-AR)
Policy area: Public Lands and Natural Resources

Summary:
Resilient Federal Forests Act
This bill modifies and sets forth provisions regarding forest management activities on National Forest System, public, and tribal lands.
The bill provides for, among other things

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 Representatives 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.
Sec. 218. Clarification of existing categorical exclusion authority 
                            related to insect 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 injunctions 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 National 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 result 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.
                        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 National 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 
                            Oregon.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Catastrophic event.--The term ``catastrophic event'' 
        means--
                    (A) any natural disaster (such as a hurricane, 
                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 outbreak); or
                    (B) any fire, flood, or explosion, regardless of 
                cause.
            (2) 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 management activity is developed and implemented by 
        the Secretary concerned through collaboration with multiple 
        interested persons representing diverse interests.
            (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 consistent with the forest plan covering such 
        lands.
            (6) Forest plan.--The term ``forest plan'' means--
                    (A) a land use plan prepared by the Bureau of Land 
                Management for public lands pursuant 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 Resources Planning Act of 1974 (16 
                U.S.C. 1604).
            (7) Large-scale catastrophic event.--The term ``large-scale 
        catastrophic event'' means a catastrophic event that adversely 
        impacts at least 5,000 acres of reasonably contiguous National 
        Forest System lands or public lands, as determined by the 
        Secretary concerned.
            (8) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland 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 revested in 
                the United States under the Act of June 9, 1916 (39 
                Stat. 218), that are administered by the Secretary of 
                the Interior, acting through the Bureau of Land 
                Management, pursuant 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 includes Coos Bay Wagon Road Grant lands and Oregon 
        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 lands impacted by a 
                large-scale catastrophic event; and
                    (B) includes planting, evaluating and enhancing 
                natural regeneration, clearing competing vegetation, 
                and other activities related to reestablishment of 
                forest species on such impacted lands.
            (12) 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).
            (13) Salvage operation.--The term ``salvage operation'' 
        means a forest management activity or restoration activity 
        carried out in response to a catastrophic 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-impacted 
                area;
                    (B) to provide an opportunity for utilization of 
                forest materials damaged as a result of the 
                catastrophic event; or
                    (C) to provide a funding source for reforestation 
                and other restoration activities for the 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 respect to 
                National Forest System lands; and
                    (B) the Secretary of the Interior, with respect 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, unless--
                    (A) the forest management activity to be carried 
                out under such authority is consistent with the forest 
                plan applicable to the area; or
                    (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 Governor 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.
                    ``(B) Additional fireshed management areas.--With 
                respect to an agreement with a Governor of a State 
                under subparagraph (A), the Secretary, if requested by 
                such Governor, may--
                            ``(i) designate additional fireshed 
                        management areas under such agreement; and
                            ``(ii) update such agreement to address new 
                        wildfire threats.
                    ``(C) Shared stewardship.--A previously signed 
                shared stewardship agreement between a Governor of a 
                State and the Secretary (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 management area 
                designated under an agreement under paragraph (1)--
                            ``(i) shall be--
                                    ``(I) a landscape-scale area; and
                                    ``(II) identified on the date of 
                                such designation as a fireshed ranked 
                                in the top 10 percent of wildfire 
                                exposure, as determined by the most 
                                recently 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 designation of a 
                fireshed management area under an agreement under 
                paragraph (1) shall not be subject to the requirements 
                of the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
    ``(b) Stewardship and Fireshed Assessments.--
            ``(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 agreement, 
        jointly conduct a stewardship and fireshed assessment that--
                    ``(A) identifies--
                            ``(i) using the best available data, 
                        wildfire exposure risks within each such 
                        fireshed management area, including scenario 
                        planning and wildfire hazard mapping and 
                        models; and
                            ``(ii) each at-risk community within each 
                        fireshed management area;
                    ``(B) identifies potential fireshed management 
                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 wildfire;
                            ``(ii) secondarily, to projects with the 
                        purpose of protecting--
                                    ``(I) critical infrastructure;
                                    ``(II) wildlife habitats;
                                    ``(III) watersheds or improving 
                                water yield; or
                                    ``(IV) any combination of purposes 
                                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 management 
                        project size limitations based on the best 
                        available data;
                            ``(iii) a timeline for the implementation 
                        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 understanding.--In carrying 
                out a stewardship and fireshed assessment under this 
                subsection, the Secretary may enter into memorandums of 
                understanding with other Federal agencies or 
                departments, States, private entities, or research or 
                educational institutions to improve, with respect to 
                such assessment, the use and integration of--
                            ``(i) advanced remote sensing and 
                        geospatial technologies;
                            ``(ii) statistical modeling and analysis; 
                        or
                            ``(iii) any other technology the Secretary 
                        determines will benefit the quality of 
                        information of such an assessment.
                    ``(B) State information.--To the maximum extent 
                practicable, the Secretary shall incorporate 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 management areas designated 
        under an agreement under subsection (a)(1) in accordance with 
        the timeline and project size limitations included in the 
        stewardship and fireshed assessment relating to such areas 
        under subsection (b)(1)(C).
            ``(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 management;
                    ``(C) conducting prescribed burns;
                    ``(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 excluded 
                from the 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); and
                    ``(B) exempt from the special administrative 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 Wilderness 
                Preservation System;
                    ``(B) that are located within a national or State-
                specific inventoried roadless area established by the 
                Secretary of Agriculture through regulation, unless--
                            ``(i) the forest management activity to be 
                        carried out under such authority is consistent 
                        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 
                                developed after the date of the 
                                enactment 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 existing statutory and 
        administrative authorities, including 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 management 
        project.
    ``(d) Judicial Review.--Section 106 shall apply to fireshed 
management projects conducted under this section in the same manner as 
such section applies to an authorized 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 decision 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 annually 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 management activity is developed and implemented by the 
        Secretary through collaboration with interested persons, 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 Bureau of 
                Land Management for public lands pursuant 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 Resources Planning Act of 1974 (16 
                U.S.C. 1604).
            ``(4) Hazardous fuels management.--The term `hazardous 
        fuels management' means any vegetation management activities 
        that reduce the risk of wildfire, including mechanical 
        treatments and livestock grazing.
            ``(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 includes Coos Bay Wagon Road Grant lands and Oregon 
        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 respect to 
                National Forest System lands; and
                    ``(B) the Secretary of the Interior, with respect 
                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.''.

   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.

    (a) Application to Certain Environmental Assessments and 
Environmental Impact Statements.--This section shall apply whenever the 
Secretary concerned prepares an environmental assessment or an 
environmental 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 Secretary 
        concerned as suitable for timber production; and
            (2) meets at least one of the following conditions:
                    (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 developed 
                through a collaborative process.
                    (C) The forest management activity is proposed by a 
                resource advisory committee.
                    (D) The forest management activity is covered 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 concerned 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 subsection (b)(2), the Secretary 
concerned shall consider whether to evaluate--
            (1) the effect of no action on--
                    (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 insect 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 CERTAIN CRITICAL RESPONSE 
              ACTIONS.

    (a) Categorical Exclusion Established.--Forest management 
activities described in subsection (b) 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 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--
            (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 established under subsection (a) in accordance 
with this section.
    (d) Acreage Limitations.--
            (1) In general.--Except as provided in paragraph (2), a 
        forest management activity covered by the categorical exclusion 
        established under subsection (a) may not contain treatment 
        units exceeding a total of 10,000 acres.
            (2) Larger areas authorized.--A forest management activity 
        covered by the categorical exclusion 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 
        forest 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 SUCCESSIONAL FORESTS.

    (a) Categorical Exclusion Established.--Forest management 
activities described in subsection (b) 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 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 established under subsection (a) in accordance 
with this section.
    (d) Project Goals.--To the maximum extent practicable, the 
Secretary concerned shall design forest management 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 under subsection (a) may not 
contain treatment units exceeding a total of 10,000 acres.

SEC. 213. CATEGORICAL EXCLUSION FOR OUTDOOR RECREATION.

    (a) Categorical Exclusion Established.--Activities described in 
subsection (b) 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 Environmental Policy Act of 1969 (42 U.S.C. 4332).
    (b) Activities Designated for Categorical Exclusion.--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 administrative 
        terms of an existing or expired special use authorization, if 
        the holder or applicant of such special use authorization is in 
        full compliance with the terms and conditions of such special 
        use authorization;
            (2) modify, remove, repair, maintain, reconstruct, 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 authorizations 
        on National Forest System land that require less than 20 acres 
        of contiguous land;
            (6) operate, maintain, modify, construct, reconstruct, 
        improve, decommission, relocate, or dispose of buildings, 
        infrastructure, or other improvements at developed recreation 
        sites;
            (7) remove hazard trees for the purpose of protecting 
        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 Secretary concerned may use the 
categorical exclusion established under subsection (a) in accordance 
with this section.

SEC. 214. CATEGORICAL EXCLUSION FOR INFRASTRUCTURE IMPROVEMENTS.

    (a) Categorical Exclusion Established.--Activities described in 
subsection (b) 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 Environmental Policy Act of 1969 (42 U.S.C. 4332).
    (b) Activities Designated for Categorical Exclusion.--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 System roads not 
        exceeding 10 miles;
            (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 communication uses at a site 
        already identified as available for such purposes;
            (7) maintain, construct, reconstruct, improve, 
        decommission, relocate, or dispose of buildings, 
        infrastructure, or other improvements at administrative 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 established under subsection (a) in accordance 
with this section.

SEC. 215. CATEGORICAL EXCLUSION FOR ROAD SIDE PROJECTS.

    (a) Categorical Exclusion Established.--Projects carried out by the 
Secretary concerned to remove hazard trees or to salvage timber for 
purposes of the protection 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 Environmental 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 established under subsection (a) in accordance 
with this section.
    (c) Healthy Forests Restoration Act Requirements.--
            (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 Restoration Act of 2003 (16 U.S.C. 6591).
            (2) Hazardous fuel reduction on federal land.--A project 
        that is categorically excluded under this section shall be 
        subject to the requirements 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.).

SEC. 216. CATEGORICAL EXCLUSION TO IMPROVE OR RESTORE NATIONAL FOREST 
              SYSTEM LANDS OR PUBLIC LAND OR REDUCE THE RISK OF 
              WILDFIRE.

    (a) Categorical Exclusion Established.--Forest management 
activities described in subsection (b) 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 Environmental Policy Act of 1969 (42 U.S.C. 
4332).
    (b) Forest Management Activities Designated for Categorical 
Exclusion.--
            (1) Designation.--The forest management activities 
        designated under this section for a categorical exclusion are 
        forest management activities described 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 categorical exclusion established 
        under subsection (a):
                    (A) Removal of noxious weeds through late-season 
                livestock grazing, targeted livestock grazing, 
                prescribed burns, or mechanical treatments.
                    (B) Performance of hazardous fuels management.
                    (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 infrastructure 
                and maintenance of existing permanent 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 transplanting of 
                sagebrush, grass, forb, shrub, and other species of 
                grass.
                    (H) Use of herbicides, so long as the Secretary 
                concerned determines that the activity is otherwise 
                conducted consistently with the forest plan applicable 
                to the area covered by the activity.
    (c) Availability of Categorical Exclusion.--On and after the date 
of the enactment of this Act, the Secretary concerned may use the 
categorical exclusion established under subsection (a) in accordance 
with this section.
    (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 native 
                perennial species have completed their current-year 
                annual growth cycle; and
                    (B) before new plant growth begins to appear in the 
                following year.
            (3) Noxious weeds.--The term ``noxious weeds'' includes 
        juniper trees, medusahead rye, conifer trees, pinon pine trees, 
        cheatgrass, and other noxious or invasive weeds specified on a 
        Federal or State noxious weed list.
            (4) Targeted livestock grazing.--The term ``targeted 
        livestock grazing'' means grazing used for purposes of 
        hazardous fuel management.

SEC. 217. CATEGORICAL EXCLUSION FOR WILDFIRE PREVENTION AND DROUGHT 
              MITIGATION.

    (a) Categorical Exclusion Established.--Forest management 
activities described in subsection (b) 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 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;
            (4) improve, maintain, or restore snowpack;
            (5) adapt the forest landscape to an increased threat of 
        drought; or
            (6) any combination of the purposes specified in paragraphs 
        (1) through (5).
    (c) Availability of Categorical Exclusion.--On and after the date 
of the enactment of this Act, the Secretary concerned may use the 
categorical exclusion established under subsection (a) in accordance 
with this section.
    (d) Acreage Limitations.--
            (1) In general.--Except in the case of a forest management 
        activity described in paragraph (2), a forest management 
        activity covered by the categorical exclusion established under 
        subsection (a) may not contain treatment units exceeding a 
        total of 10,000 acres.
            (2) Larger areas authorized.--A forest management activity 
        covered by the categorical exclusion 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 
        forest management activity is located in an area that, at the 
        time of such activity--
                    (A) is in a severe, extreme, or exceptional 
                drought; or
                    (B) has been in a severe, extreme, or exceptional 
                drought in the previous 5 years.

SEC. 218. CLARIFICATION OF EXISTING CATEGORICAL EXCLUSION AUTHORITY 
              RELATED TO INSECT AND DISEASE INFESTATION.

    (a) Insect and Disease Categorical Exclusion.--Section 603(c) of 
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)) is 
amended--
            (1) in paragraph (1), by striking ``3000 acres'' and 
        inserting ``10,000 acres''; and
            (2) in paragraph (2)(B), by striking ``Fire Regime Groups 
        I, II, or III,'' and inserting ``Fire Regime I, Fire Regime II, 
        Fire Regime III, Fire Regime IV, or Fire Regime V,''.

SEC. 219. CLARIFICATION OF EXISTING CATEGORICAL EXCLUSION AUTHORITY 
              RELATED TO WILDFIRE RESILIENCE PROJECTS.

    Section 605(c) of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591d(c)) is amended--
            (1) in paragraph (1), by striking ``3000 acres'' and 
        inserting ``10,000 acres''; and
            (2) in paragraph (2)(B), by striking ``Fire Regime Groups 
        I, II, or III'' and inserting ``Fire Regime I, Fire Regime II, 
        Fire Regime III, Fire Regime IV, or Fire Regime V''.

SEC. 220. CATEGORICAL EXCLUSION FOR JOINT PROJECTS.

    (a) Categorical Exclusion Established.--Forest management 
activities described in subsection (b) 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 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--
            (1) carried out by the Secretary concerned jointly with the 
        head of another Federal agency on National Forest System lands 
        or public lands;
            (2) for which a categorical exclusion applies with respect 
        to such other Federal agency.
    (c) Availability of Categorical Exclusion.--On and after the date 
of the enactment of this Act, the Secretary concerned may use the 
categorical exclusion established under subsection (a) in accordance 
with this section after obtaining written confirmation from the other 
Federal agency that the categorical exclusion applies to the proposed 
forest management activity.

SEC. 221. USE OF ESTABLISHED CATEGORICAL EXCLUSIONS.

    Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) is amended by adding at the end the following:

``SEC. 106. USE OF ESTABLISHED CATEGORICAL EXCLUSIONS.

    ``(a) In General.--
            ``(1) Authority established.--A Federal agency may 
        designate any covered category of actions 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) without further substantiation.
            ``(2) Covered category of actions.--For purposes of 
        paragraph (1), the term `covered category of actions' means, 
        with respect to a Federal agency, a category of action 
        identified by another Federal agency 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) Judicial Review.--A categorical exclusion established 
pursuant to subsection (a)(1) shall not be subject to judicial review.
    ``(c) Exclusion.--The authorities provided by this section 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, unless--
                    ``(A) the forest management activity to be carried 
                out under such authority is consistent with the forest 
                plan applicable to the area; or
                    ``(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.''.

    Subtitle C--General Provisions for Forest Management Activities

SEC. 231. COMPLIANCE WITH FOREST PLANS.

    A forest management activity carried out pursuant to this Act shall 
be conducted in a manner consistent with the forest plan applicable to 
the National Forest System land or public lands covered by the forest 
management activity.

SEC. 232. CONSULTATION UNDER THE NATIONAL HISTORIC PRESERVATION ACT.

    (a) In General.--Not later than 12 months after the date of 
enactment of this Act, the Secretary of the Interior and the Secretary 
of Agriculture shall each develop, in consultation with relevant 
consulting parties, a programmatic agreement or other appropriate 
program alternative pursuant to section 800.14 of title 36, Code of 
Federal Regulations (or successor regulations) for expediting reviews 
under section 306108 of title 54, United States Code, for forest 
management activities carried out pursuant to this Act.
    (b) Requirement.--A programmatic agreement or other appropriate 
program alternative developed under subsection (a) shall incorporate 
the concepts of phased identification and evaluation in accordance with 
section 800.4(b)(2) of title 36, Code of Federal Regulations (or 
successor regulations).

SEC. 233. CONSULTATION UNDER THE ENDANGERED SPECIES ACT.

    (a) No Consultation if Action Not Likely To Adversely Affect a 
Listed Species or Designated Critical Habitat.--With respect to a 
forest management activity carried out pursuant to this Act, 
consultation under section 7 of the Endangered Species Act of 1973 (16 
U.S.C. 1536) shall not be required if the Secretary concerned 
determines that the such forest management activity is not likely to 
adversely affect a species listed under section 4 of such Act (16 
U.S.C. 1533) or a critical 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 Endangered 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 consultation 
        was requested by the Secretary concerned.
            (2) No conclusion.--In the case of a consultation described 
        in paragraph (1) that is not concluded before the last day of 
        the 90-day period described in such paragraph, the forest 
        management activity for which such consultation was initiated--
                    (A) shall be deemed to be in compliance with 
                section 7 of the Endangered Species Act of 1973 (16 
                U.S.C. 1536(a)(2)); and
                    (B) may be carried out.

SEC. 234. FOREST MANAGEMENT ACTIVITIES CONSIDERED NON-DISCRETIONARY 
              ACTIONS.

    For purposes of the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.), a forest management activity carried out by the Secretary 
concerned pursuant to this Act shall be considered a non-discretionary 
action.

TITLE III--SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS

SEC. 301. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN 
              RESPONSE TO CATASTROPHIC EVENTS.

    (a) Categorical Exclusion Established.--Salvage operations carried 
out by the Secretary concerned on National Forest System lands or 
public lands 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 Environmental 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 established under subsection (a) in accordance 
with this section.
    (c) Acreage Limitation.--A salvage operation covered by the 
categorical exclusion established under subsection (a) may not contain 
treatment units exceeding a total of 10,000 acres.
    (d) Additional Requirements.--
            (1) Stream buffers.--A salvage operation covered by the 
        categorical exclusion established under subsection (a) shall 
        comply with the standards and guidelines for stream buffers 
        contained in the applicable forest plan unless waived by the 
        Regional Forester, in the case of National Forest System lands, 
        or the State Director of the Bureau of Land Management, in the 
        case of public lands.
            (2) Reforestation plan.--A reforestation plan shall be 
        developed under section 3 of the Act of June 9, 1930 (commonly 
        known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), as part 
        of a salvage operation covered by the categorical exclusion 
        established under subsection (a).

SEC. 302. EXPEDITED SALVAGE OPERATIONS AND REFORESTATION ACTIVITIES 
              FOLLOWING LARGE-SCALE CATASTROPHIC EVENTS.

    (a) Expedited Environmental Assessment.--Notwithstanding any other 
provision of law, an environmental assessment prepared by the Secretary 
concerned pursuant to section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332) for a salvage operation or reforestation 
activity proposed to be conducted on National Forest System lands or 
public lands adversely impacted by a large-scale catastrophic event 
shall be completed within 60 days after the conclusion of the 
catastrophic event.
    (b) Expedited Implementation and Completion.--In the case of 
reforestation activities conducted on National Forest System lands or 
public lands adversely impacted by a large-scale catastrophic event, 
the Secretary concerned shall, to the maximum extent practicable, 
achieve reforestation of at least 75 percent of the impacted lands 
during the 5-year period following the conclusion of the catastrophic 
event.
    (c) Availability of Knutson-Vandenberg Funds.--Amounts in the 
special fund established 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.
    (d) Timeline for Public Input Process.--
            (1) In general.--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--
                    (A) 30 days for public scoping and comment;
                    (B) 15 days for filing an objection; and
                    (C) 15 days for the agency response to the filing 
                of an objection.
            (2) Implementation.--On the final day of the process 
        required in paragraph (1), the Secretary concerned shall 
        implement the project for which the process was initiated.
    (e) Conversion of Timber Sales.--
            (1) In general.--Not later than 60 days after a wildfire is 
        contained on National Forest System lands, the Secretary of 
        Agriculture shall convert any timber sales on lands impacted by 
        such wildfire to salvage sales.
            (2) Analysis deemed sufficient.--If the Regional Forester 
        determines that a proposed timber sale has been sufficiently 
        analyzed under the National Environmental Policy Act, such 
        analysis shall be deemed to fulfill the requirements of section 
        102(2)(C) of the National Environmental Policy Act of 1969 (42 
        U.S.C. 4332(2)(C)) with respect to such salvage sale.

SEC. 303. COMPLIANCE WITH FOREST PLAN.

    A salvage operation or reforestation activity authorized by this 
Act shall be conducted in a manner consistent with the forest plan 
applicable to the National Forest System lands or public lands covered 
by the salvage operation or reforestation activity.

SEC. 304. PROHIBITION ON RESTRAINING ORDERS, PRELIMINARY INJUNCTIONS, 
              AND INJUNCTIONS PENDING APPEAL.

    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.

                 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 
applies to any agency action as part of a forest management activity 
under this Act, 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 undertaking the 
        agency action; against
            (2) the short- and long-term effects of not undertaking the 
        action.
    (b) Time Limitations for Injunctive Relief.--
            (1) In general.--Subject to paragraph (2), the length of 
        any preliminary injunctive relief and stays pending appeal that 
        applies to any agency action as part of a forest management 
        activity under 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 appeal, granted under 
                paragraph (1).
                    (B) Updates.--In each renewal of an injunction in 
                an action, the parties to the action shall present the 
                court with updated information on the status of the 
                authorized forest management activity.

SEC. 403. USE OF ARBITRATION INSTEAD OF LITIGATION TO ADDRESS 
              CHALLENGES TO FOREST MANAGEMENT ACTIVITIES.

    (a) Discretionary Arbitration Process Pilot Program.--
            (1) In general.--The Secretary of Agriculture, with respect 
        to National Forest System lands, and the Secretary of the 
        Interior, with respect to public lands, shall each establish a 
        discretionary 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 management 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 concerned that an 
                objection or protest to a forest management activity 
                under this Act is an activity described under paragraph 
                (2) shall not be subject to judicial review.
            (4) Determining amount of arbitrations.--An objection or 
        protest to a forest management activity under this Act shall 
        not be counted towards the limitation on number of arbitrations 
        under paragraph (3) unless--
                    (A) on the date such objection or protest is 
                designated for arbitration, the forest management 
                activity for which such objection or protest is filed 
                has not been the subject of arbitration proceedings 
                under the pilot program; and
                    (B) the arbitration proceeding has commenced with 
                respect to such objection or protest.
            (5) Termination.--
                    (A) In general.--The pilot programs established 
                pursuant to paragraph (1) shall terminate on the date 
                that is 7 years after the date of the enactment of this 
                Act.
                    (B) Activity in arbitration.--An objection or 
                protest to a forest management activity under this Act 
                that has commenced but has not completed arbitration on 
                the date of termination under subparagraph (A) shall 
                continue until such arbitration is completed.
    (b) Intervening Parties.--
            (1) Requirements.--Any person that submitted 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 submitted 
                        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 arbitration under this 
        subsection (a), a request to intervene in an arbitration must 
        be submitted not later than the date that is 30 days after the 
        date on which such objection or protest was designated for 
        arbitration.
            (3) Multiple parties.--Multiple intervening parties may 
        submit a joint proposal so long as each intervening party meets 
        the eligibility requirements of paragraph (1).
    (c) Appointment of Arbitrator.--
            (1) Appointment.--The Secretary of Agriculture and the 
        Secretary of the Interior shall jointly develop and publish a 
        list of not fewer than 20 individuals 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 individual 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 14 days.--In the case of an 
                agreement with respect to a mutually acceptable 
                arbitrator not being reached within the 14-day limit 
                described in subparagraph (A), the Secretary concerned 
                shall appoint 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 objector 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 regulations;
                    (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 property;
                            (iii) habitat diversity;
                            (iv) wildfire potential;
                            (v) insect and disease potential;
                            (vi) timber production; and
                            (vii) the implications of a resulting 
                        decline in forest health, loss of habitat 
                        diversity, wildfire, or insect or disease 
                        infestation, given fire and insect and disease 
                        historic 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 arbitrator 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 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 Community 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 participating county under section 102(d) 
        shall be available only for projects that--
                    ``(A) include the sale of timber or other forest 
                products, reduce fire risks, or improve water supplies; 
                and
                    ``(B) implement stewardship objectives that enhance 
                forest ecosystems or restore and improve land health 
                and water quality.
            ``(2) Applicability.--The requirement in paragraph (1) 
        shall apply only to project funds reserved by a participating 
        county with boundaries that include Federal land that the 
        Secretary concerned 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 reserved.''.

              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 
                        received by the Chief or the Director under a 
                        stewardship contract project conducted under 
                        this section shall not be considered monies 
                        received from the National Forest System or the 
                        public lands; and
                            ``(ii) any payments made by the contractor 
                        to the Chief or Director under a stewardship 
                        contract project conducted under this section 
                        shall be considered monies received from the 
                        National Forest System 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 described in subsection (b) entered 
        into before February 7, 2014, at the request of such private 
        persons or other public or private entities, the Chief or 
        Director, as applicable, shall modify such contract or 
        agreement to include the fire liability provisions described 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--
            (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 stewardship contracts.--
                    ``(A) In general.--A long-term agreement or 
                contract entered into with an entity under subsection 
                (b) by the Chief or the Director shall provide that in 
                the case of the cancellation or termination by the 
                Chief or the Director 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 termination 
                costs.
                    ``(B) Definition of long-term agreement 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.''.

        TITLE VII--TRIBAL FORESTRY PARTICIPATION AND PROTECTION

SEC. 701. MANAGEMENT OF INDIAN FOREST LAND AUTHORIZED TO INCLUDE 
              RELATED NATIONAL FOREST 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 purposes of planning and conducting 
        forest land management activities under this section if the 
        Federal forest land is located within, or mostly within, a 
        geographic area that presents a feature or involves 
        circumstances 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 homelands.
            ``(2) Requirements.--As part of the agreement 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 concerned 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 revenue sharing 
                        agreement for the Federal forest land;
                    ``(C) comply with applicable prohibitions on the 
                export of unprocessed logs harvested from the Federal 
                forest land;
                    ``(D) recognize all right-of-way agreements in 
                place on Federal forest land prior to commencement of 
                Tribal management activities;
                    ``(E) ensure that all commercial timber removed 
                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 wildlife.
            ``(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 section 
                        103(e) of the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1702(e))), 
                        including Coos Bay Wagon Road Grant lands 
                        reconveyed to the United States pursuant to the 
                        first section of the Act of February 26, 1919 
                        (40 Stat. 1179), and Oregon and California 
                        Railroad Grant lands.
                    ``(B) Secretary concerned.--The term `Secretary 
                concerned' means--
                            ``(i) the Secretary of Agriculture, with 
                        respect to the Federal forest land referred to 
                        in subparagraph (A)(i); and
                            ``(ii) the Secretary of the Interior, with 
                        respect to the Federal forest land referred to 
                        in subparagraph (A)(ii).''.

SEC. 702. TRIBAL AND ALASKA NATIVE BIOCHAR DEMONSTRATION 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), respectively,
                    (C) by striking ``subsection (b)'' each place it 
                appears and inserting ``subsection (a)''; and
                    (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 DEMONSTRATION PROJECT.

    ``(a) Stewardship Contracts or Similar Agreements.--For each of 
fiscal years 2021 through 2030, the Secretary shall enter into 
stewardship contracts or similar agreements (excluding direct service 
contracts) with Indian Tribes or Tribal organizations to carry out 
demonstration projects to support the development and commercialization 
of biochar on Indian forest land or rangeland and in nearby communities 
by providing reliable supplies 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 subsection (c) shall be carried out under contracts or 
agreements 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--
                    ``(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 watersheds 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--
                            ``(i) nearby lands identified as having a 
                        high, very high, or extreme risk of wildfire;
                            ``(ii) availability of sufficient 
                        quantities 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 merchantable logs that 
        have been identified by the Secretary for commercial sale.
    ``(e) Implementation.--The Secretary shall--
            ``(1) ensure that the criteria described in subsection (c) 
        are publicly available by not later than 120 days after the 
        date of the enactment of this section; and
            ``(2) to the maximum extent practicable, consult with 
        Indian Tribes and appropriate intertribal organizations likely 
        to be affected in developing the application 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, the Secretary 
shall submit to Congress a report that describes, 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 
(including forest management and integrated resource management 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 carbonized biomass 
        produced by converting feedstock 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 Management Act of 1976 (43 
                U.S.C. 1702)), the surface 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 materials that serves as the raw 
        material for the production 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 restriction 
                against alienation by, the United States for 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 vegetative 
                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 respect to 
                land under the jurisdiction of the Forest Service; and
                    ``(B) the Secretary of the Interior, with respect 
                to land under the jurisdiction of the Bureau of Land 
                Management.
            ``(7) Tribal organization.--The term `Tribal organization' 
        has the meaning given that term in section 4 of the Indian 
        Self-Determination and Education Assistance Act (25 U.S.C. 
        5304).''.

SEC. 703. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF STEWARDSHIP 
              END RESULT CONTRACTING AND OTHER AUTHORITIES.

    (a) Prompt Consideration of Tribal Requests.--Subsection (a) of 
section 2 of the Tribal Forest Protection Act of 2004 (25 U.S.C. 
3115a), as redesignated 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 response 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--
                            ``(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 Secretary received the request.
                    ``(C) Completion.--Not later than 2 years after the 
                date on which the Secretary receives a Tribal request 
                under paragraph (1), other than a Tribal request denied 
                under subsection (d), the Secretary shall--
                            ``(i) complete all environmental reviews 
                        necessary to enter into an agreement or 
                        contract and carry out the proposed activities 
                        under such agreement or contract; and
                            ``(ii) enter into an agreement or contract 
                        with the Indian tribe under paragraph (2).''.
    (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 amended 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 inserting ``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 responsibility of any State to exercise 
primary management, control, or regulation of fish and wildlife on land 
or water within the State (including on public land) under State law.

            TITLE VIII--EXPEDITING INTERAGENCY CONSULTATION

SEC. 801. FOREST PLANS NOT CONSIDERED MAJOR FEDERAL ACTIONS.

    The development, maintenance, amendment, and revision of a forest 
plan shall not be considered a major Federal action for purposes of 
section 102 of the National Environmental 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 required under certain 
        circumstances.--Notwithstanding any other provision of law, the 
        Secretary 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 species is listed, critical habitat is 
        designated, or new information concerning a listed species or 
        critical habitat becomes available.''.
    (b) Bureau of Land Management Plans.--Section 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 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 use plan approved, amended, or 
revised under this section when a species is listed, critical habitat 
is designated, or new information concerning a listed species or 
critical habitat becomes 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 enactment 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 regulations), to--
            (1) authorize alternative consultation agreements among 
        Federal agencies, under which a Federal 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 action is not 
        likely to adversely affect listed species or critical habitat 
        pursuant to paragraph (1), not require such Federal agency to 
        complete a formal consultation, informal consultation, or 
        written concurrence of the United States Fish and Wildlife 
        Service or the National Marine Fisheries Service with respect 
        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 potential wilderness area from 
        the classes of actions normally requiring environmental impact 
        statements.
    (b) Determinations of Extraordinary Circumstances.--In determining 
whether extraordinary circumstances related to a proposed action 
preclude use of a categorical exclusion, the Forest Service shall not 
be required 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 successor regulations), of the 
        proposed action's cumulative 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 likely to adversely affect 
        threatened, endangered, candidate species, or designated 
        critical habitat if the agency is in compliance with the 
        applicable provisions of the biological opinion.
    (c) Additional Actions.--Not later than 120 days after the date of 
enactment of this Act, the Secretary of Agriculture shall issue final 
regulations to carry out the revisions described in subsection (a).

SEC. 903. CONDITIONS ON FOREST SERVICE ROAD DECOMMISSIONING.

    If a maintenance level 1 or a maintenance level 2 road (as defined 
by the Forest Service) is considered for decommissioning and the road 
is within a designated high fire-prone area of a unit of the National 
Forest System--
            (1) the Forest Supervisor of such unit shall--
                    (A) consult with the government of the county 
                containing the road regarding the merits and possible 
                consequences of decommissioning the road; and
                    (B) solicit possible alternatives to 
                decommissioning the road; and
            (2) such road may not be decommissioned without the advance 
        approval of the Regional Forester.

SEC. 904. PROHIBITION ON APPLICATION OF EASTSIDE SCREENS REQUIREMENTS 
              ON NATIONAL FOREST SYSTEM LANDS.

    (a) Repeal of Eastside Screens Requirements.--Notwithstanding any 
other provision of law, not later than 1 day after the date of the 
enactment of this section, the Secretary of Agriculture shall repeal 
the Interim Management Direction Establishing Riparian, Ecosystem, and 
Wildlife Standards for Timber Sales (commonly known as the ``Eastside 
Screens''), including all predecessor or associated versions of these 
amendments.
    (b) Effect of Repeal.--On and after the date of the enactment of 
this section, the Secretary of Agriculture may not apply any of the 
amendments repealed under subsection (a) with respect to National 
Forest System lands.

SEC. 905. USE OF SITE-SPECIFIC FOREST PLAN AMENDMENTS FOR CERTAIN 
              PROJECTS AND ACTIVITIES.

    If the Secretary concerned determines that, in order to conduct a 
project or carry out an activity implementing a forest plan, an 
amendment to the forest plan is required, the Secretary concerned shall 
execute such amendment as a non-significant plan amendment through the 
record of decision or decision notice for the project or activity.

SEC. 906. KNUTSON-VANDENBERG ACT.

    (a) Deposits of Funds From National Forest Timber Purchasers 
Required.--Section 3(a) of the Act of June 9, 1930 (commonly known as 
the ``Knutson-Vandenberg Act''; 16 U.S.C. 576b(a)), is amended by 
striking ``The Secretary'' and all that follows through ``any 
purchaser'' and inserting the following: ``The Secretary of Agriculture 
shall require each purchaser''.
    (b) Conditions on Use of Deposits.--Section 3 of the Act of June 9, 
1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is 
amended--
            (1) by striking ``Such deposits'' and inserting the 
        following:
    ``(b) Amounts deposited under subsection (a)'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting before subsection (d), as so redesignated, 
        the following new subsection (c):
    ``(c)(1) Amounts in the special fund established pursuant to this 
section--
            ``(A) shall be used exclusively to implement activities 
        authorized by subsection (a); and
            ``(B) may be used with respect to any unit within the 
        Forest Service Region from which the original deposits were 
        collected.
    ``(2) The Secretary of Agriculture may not deduct overhead costs 
from the funds collected under subsection (a), except as needed to fund 
personnel of the responsible Ranger District for the planning and 
implementation of the activities authorized by subsection (a).''.
    (c) Technical Correction.--In section 318(1) of division E of the 
Consolidated Appropriations Act, 2005 (Public Law 108-447), the 
following is repealed: ```(b) Amounts deposited under subsection 
(a)';''.

SEC. 907. APPLICATION OF NORTHWEST FOREST PLAN SURVEY AND MANAGE 
              MITIGATION MEASURE STANDARD AND GUIDELINES.

    The Northwest Forest Plan Survey and Manage Mitigation Measure 
Standards and Guidelines shall not apply with respect to any National 
Forest System lands or public lands.

SEC. 908. DESIGNATION OF CERTAIN TREATMENT AREAS.

    Section 602 of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591a) is amended--
            (1) in the heading, by striking ``designation of'';
            (2) by amending subsection (a) to read as follows:
    ``(a) Definitions.--In this section:
            ``(1) 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).
            ``(2) Declining forest health.--The term `declining forest 
        health' means a qualified forest that is experiencing--
                    ``(A) substantially increased tree mortality due to 
                insect or disease infestation; or
                    ``(B) dieback due to infestation or defoliation by 
                insects or disease.
            ``(3) 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 revested in 
                the United States under the Act of June 9, 1916 (39 
                Stat. 218), that are administered by the Secretary of 
                the Interior, acting through the Bureau of Land 
                Management, pursuant 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).
            ``(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 includes Coos Bay Wagon Road Grant lands and Oregon 
        and California Railroad Grant lands.
            ``(5) Qualified forest.--The term `qualified forest' means 
        a forest located in--
                    ``(A) National Forest System lands; or
                    ``(B) public lands.
            ``(6) Secretary concerned.--The term `Secretary concerned' 
        means--
                    ``(A) with respect to National Forest System lands, 
                the Secretary of Agriculture; and
                    ``(B) with respect to public lands, the Secretary 
                of the Interior.'';
            (3) by amending subsection (b) to read as follows:
    ``(b) Authority.--The Secretary concerned may carry out insect and 
disease treatment programs in a qualified forest that meets the 
requirements specified in subsection (c).'';
            (4) in subsection (c), by striking ``To be designated a 
        landscape-scale area under subsection (b), the area shall be'' 
        and inserting ``The Secretary concerned may only carry out 
        projects under subsection (b) in a qualified forest that is''; 
        and
            (5) in subsection (d)(1), by striking ``on Federal land in 
        the areas designated''.

SEC. 909. GOOD NEIGHBOR AGREEMENTS.

    (a) Reconstruction and Repair.--Section 8206(a)(4) of the 
Agricultural Act of 2014 (16 U.S.C. 2113a(a)(4)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (ii), by striking ``and'';
                    (B) by redesignating clause (iii) as clause (v);
                    (C) by inserting after clause (ii) the following:
                            ``(iii) construction, reconstruction, 
                        repair, or restoration of roads as necessary to 
                        achieve project objectives;
                            ``(iv) activities conducted under section 
                        607 of the Healthy Forests Restoration Act of 
                        2003;'';
                    (D) in clause (v), as so redesignated, by striking 
                the period at the end and inserting ``; and''; and
                    (E) by adding at the end the following:
                            ``(vi) any combination of activities 
                        specified in clauses (i) through (v).''; and
            (2) by amending subparagraph (B) to read as follows:
                    ``(B) Exclusions.--The term `forest, rangeland, and 
                watershed restoration services' does not include 
                construction, alteration, repair, or replacement of 
                public buildings or works.''.
    (b) Treatment of Revenue.--Section 8206(b)(2)(C) of the 
Agricultural Act of 2014 (16 U.S.C. 2113a) is amended to read as 
follows:
                    ``(C) Treatment of revenue.--Funds received from 
                the sale of timber by a Governor of a State under a 
                good neighbor agreement shall be retained and used by 
                the Governor--
                            ``(i) to carry out authorized restoration 
                        services under such good neighbor agreement; 
                        and
                            ``(ii) if funds are remaining after 
                        carrying out the services under clause (i), to 
                        carry out authorized restoration services 
                        within the State under other good neighbor 
                        agreements.''.

SEC. 910. GIANT SEQUOIA TREES PROTECTION PLAN.

    (a) Findings.--Congress finds the following:
            (1) Giant sequoia trees only naturally grow in California 
        on the western slopes of the Sierra Nevada Mountains.
            (2) Mature giant sequoia trees can be up to 2,000 years 
        old.
            (3) Thirty of the largest giant sequoia trees in the world 
        are located in Sequoia and Kings Canyon National Parks, with 
        many other large, old-growth trees in the Sequoia National 
        Forest.
            (4) On August 19, 2020, the lightning-ignited Castle Fire 
        and another fire were discovered in the Sequoia National 
        Forest, ultimately named the SQF Complex Fire.
            (5) The SQF Complex Fire burned over 170,000 acres, 
        primarily in the Sequoia National Forest.
            (6) According to a Federal interagency report, between 
        7,500 and 10,600 large giant sequoia trees, representing 10 to 
        14 percent of the world's giant sequoia tree population, were 
        killed in the SQF Complex Fire.
            (7) According to the San Francisco Chronicle, the world's 
        ninth largest giant sequoia tree, the King Arthur Tree, was 
        destroyed by the SQF Complex Fire.
            (8) Giant sequoia trees play an important role in the 
        region's ecosystem.
            (9) Many communities near giant sequoia groves depend on 
        these unique natural wonders to help support their local 
        economies through tourism.
            (10) It is critical to protect the unique and ancient giant 
        sequoia trees for current and future generations to see and 
        enjoy.
    (b) Protection Plan.--Not later than 1 year after date of the 
enactment of this section, the Secretary concerned shall develop a 
protection plan for giant sequoia trees across their natural range in 
California, on National Forest System lands and public lands, that 
includes recommendations to increase the health and resiliency of giant 
sequoia trees with respect to threats including--
            (1) catastrophic wildfire;
            (2) insect and disease infestation; and
            (3) drought.
    (c) Plan Components.--In developing the protection plan under 
subsection (b), the Secretary concerned may--
            (1) conduct research and identify knowledge gaps on giant 
        sequoia tree health and resiliency;
            (2) establish protocols for monitoring and surveying giant 
        sequoia trees, including through geospatial and remote sensing 
        technologies;
            (3) identify innovative, experimental, or cutting-edge 
        technologies or management practices to protect individual 
        giant sequoia trees or giant sequoia groves from destruction by 
        wildfires;
            (4) develop guidelines, protocols, or practices for 
        reducing the risk of catastrophic wildfire to giant sequoia 
        trees;
            (5) consult with State, Tribal, and local government 
        officials and other interested local stakeholders in 
        implementing this section; and
            (6) develop materials to educate and promote awareness with 
        respect to the importance of protecting giant sequoia trees 
        from catastrophic wildfires.
    (d) Report to Congress.--Not later than 1 year after the date of 
the enactment of this section, the Secretary concerned shall submit to 
the Committees on Agriculture and Natural Resources of the House of 
Representatives, and the Committees on Agriculture, Nutrition, and 
Forestry and Energy and Natural Resources of the Senate, a report that 
includes the following:
            (1) The protection plan developed under subsection (b).
            (2) A description of any additional authorities necessary 
        to protect giant sequoia trees.
            (3) A description of any barriers to protecting giant 
        sequoia trees from catastrophic wildfire.
    (e) Implementation.--Not later than 30 days after submitting the 
report to Congress under subsection (d), the Secretary concerned shall 
begin to implement the recommendations of the protection plan developed 
under subsection (b).

  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.

    The first paragraph of the first section of the Act of August 28, 
1937 (50 Stat. 874; 43 U.S.C. 2601), is amended--
            (1) by striking ``conformity with the principal'' and 
        inserting ``conformity with the principle'';
            (2) by striking ``facilties'' and inserting ``facilities''; 
        and
            (3) by striking ``That timber from said lands in an 
        amount'' and inserting ``That timber from said lands in the 
        amount that is the greater of''.

SEC. 922. OREGON AND CALIFORNIA RAILROAD GRANT LANDS AND COOS BAY WAGON 
              ROAD GRANT LANDS PERMANENT RIGHTS OF ACCESS.

    (a) Creation of Permanent Rights of Access Required.--
Notwithstanding any other provision of law, reciprocal road right-of-
way permits, grants, and agreements issued to a private landowner by 
the Secretary of the Interior pursuant to subpart 2812 of part 2810 of 
title 43, Code of Federal Regulations (or any predecessor or successor 
regulations), are deemed permanent rights of access that--
            (1) are recordable; and
            (2) shall run with the land.
    (b) Records Updated.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of the Interior shall--
            (1) amend the reciprocal road right-of-way permits, grants, 
        and agreements described in subsection (a) to reflect the 
        permanent rights of access deemed as such under subsection (a); 
        and
            (2) record amendments made under paragraph (1) in each 
        county where the lands affected by such amendments are located.
    (c) Restriction on Amendments.--No other amendments shall be made 
to the right-of-way permits, grants, and agreements as recorded under 
subsection (b).

SEC. 923. MANAGEMENT OF BUREAU OF LAND MANAGEMENT LANDS IN WESTERN 
              OREGON.

    (a) In General.--Except as provided in subsection (c), all public 
lands managed by the Bureau of Land Management in the Northwest 
District, Roseburg District, Coos Bay District, Medford District, and 
the Klamath Resource Area of the Lakeview District in the State of 
Oregon shall hereafter be managed by the Secretary of the Interior in 
accordance with title I of the Act of August 28, 1937 (50 Stat. 874; 43 
U.S.C. 2601 through 2604).
    (b) Revenue.--Except as provided in subsection (c), all of the 
revenue produced from the public lands described in subsection (a) 
shall--
            (1) be deposited in the Treasury of the United States in 
        the Oregon and California land-grant fund; and
            (2) be subject to the provisions of title II of the Act of 
        August 28, 1937 (50 Stat. 875; 43 U.S.C. 2605).
    (c) Exclusions.--
            (1) Certain lands excluded.--Subsections (a) and (b) shall 
        not apply to--
                    (A) the Yaquina Head Outstanding Natural Area 
                established under section 119 of Public Law 96-199 (43 
                U.S.C. 1783);
                    (B) lands managed under the Wild and Scenic Rivers 
                Act (Public Law 90-542; 16 U.S.C. 1271 et seq.);
                    (C) lands managed under the Wilderness Act (Public 
                Law 88-577; 16 U.S.C. 1131 et seq.); and
                    (D) lands managed under the National Trails System 
                Act (Public Law 90-543; 16 U.S.C. 1241 et seq.).
            (2) Certain revenue excluded.--Subsections (a) and (b) 
        shall not apply to any revenue that is required to be deposited 
        in the Coos Bay Wagon Road grant fund pursuant to sections 1 
        through 4 of the Act of May 24, 1939 (53 Stat. 753; 43 U.S.C. 
        2621 through 2624).
                                 <all>