Black Hills Forest Protection and Jobs Preservation Act of 2022
Bill: S.3709 | Sponsor: Sen. Thune, John (R-SD)
Policy area: Public Lands and Natural Resources

Summary:
Black Hills Forest Protection and Jobs Preservation Act of 2022
This bill provides for vegetation management projects and timber production projects on certain National Forest System lands in Montana, South Dakota, and Wyoming.
The bill directs the Forest Service to issue one or more decisions using expedited authorities for compliance with environmental review requirements to carry out vegetation management projects on land in the Black Hills National Forest. Furthermore, the Forest Service shall categorize the Black Hills National Forest and the Bighorn National Forest as being very high priority for ecological restoration that involves vegetation removal.
The Forest Service must also use specified amounts made available for forest thinning and timber harvesting for timber production in the Bighorn National Forest, the Custer Gallatin National Forest, and the Black Hills National Forest. In carrying out such timber production, the Forest Service shall use, to the extent practicable, the categorical exclusion for certain forest management activities and specified emergency action authority.
A vegetation management or timber production project carried out under this bill shall not be subject to judicial review.
Such a project may not be carried out on (1) a component of the National Wilderness Preservation System, or (2) an inventoried roadless area.

To require the Secretary of Agriculture to carry out vegetation 
management projects and timber production projects on certain National 
Forest System land in the States of Montana, South Dakota, and Wyoming, 
                        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.

    This Act may be cited as the ``Black Hills Forest Protection and 
Jobs Preservation Act of 2022''.

SEC. 2. VEGETATION MANAGEMENT PROJECTS ON BLACK HILLS NATIONAL FOREST 
              USING EXPEDITED NEPA AUTHORITIES.

    The Secretary of Agriculture, acting through the Chief of the 
Forest Service (referred to in this Act as the ``Secretary''), shall 
issue 1 or more decisions using expedited authorities for compliance 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), including sections 603 and 605 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6591b, 6591d) and a determination of 
NEPA adequacy described in section 220.4(j) of title 36, Code of 
Federal Regulations (or successor regulations), to carry out vegetation 
management projects on land in the Black Hills National Forest.

SEC. 3. FUNDING FOR TIMBER PRODUCTION PROJECTS.

    (a) In General.--Of the amounts made available to the Secretary by 
section 40803(c)(11) of the Infrastructure Investment and Jobs Act (16 
U.S.C. 6592(c)(11)), the Secretary shall use $40,000,000 for the period 
of fiscal years 2022 through 2026 to carry out projects on the Bighorn 
National Forest, the Custer Gallatin National Forest, and the Black 
Hills National Forest that will result in timber production.
    (b) Use of Categorical Exclusion and Emergency Action 
Authorities.--In carrying out projects under subsection (a), the 
Secretary shall use, to the extent practicable--
            (1) the categorical exclusion established by section 
        40806(b) of the Infrastructure Investment and Jobs Act (16 
        U.S.C. 6592b(b)); and
            (2) the emergency action authority under section 40807 of 
        that Act (16 U.S.C. 6592c).
    (c) Excess Amounts.--If any amounts made available under subsection 
(a) are not used by the Secretary by September 30, 2026, and the 
Secretary has exhausted all reasonable means to use those amounts for 
the purposes described in that subsection, those amounts shall remain 
available to the Secretary until expended to carry out projects 
described in section 40803(c)(11) of the Infrastructure Investment and 
Jobs Act (16 U.S.C. 6592(c)(11)).

SEC. 4. WOOD PRODUCTS INFRASTRUCTURE.

    In the ranking system developed under section 40804(d)(1) of the 
Infrastructure Investment and Jobs Act (16 U.S.C. 6592a(d)(1)), the 
Secretary shall categorize the Black Hills National Forest and the 
Bighorn National Forest as being very high priority for ecological 
restoration involving vegetation removal.

SEC. 5. ADMINISTRATION.

    (a) Judicial Review.--A project carried out under section 2 or 3 
shall not be subject to judicial review.
    (b) Excluded Land.--A project carried out under section 2 or 3 may 
not be carried out on--
            (1) a component of the National Wilderness Preservation 
        System; or
            (2) an inventoried roadless area.
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