FORESTS Act of 2022
Bill: H.R.8091 | Sponsor: Rep. McMorris Rodgers, Cathy (R-WA)
Policy area: Public Lands and Natural Resources

Summary:
Fostering Opportunities for Resources and Education Spending through Timber Sales Act of 2022 or the FORESTS Act of 2022
This bill directs the Department of Agriculture to designate an area of each national forest for production of material to provide revenue for payments under the Secure Rural Schools and Community Self-Determination Act of 2000.


To restore employment and educational opportunities in, and improve the 
economic stability of, counties containing National Forest System land, 
 while also reducing Forest Service management costs, by ensuring that 
  such counties have a dependable source of revenue from timber sales 
conducted on National Forest System land, to reduce payments under the 
 Secure Rural Schools and Community Self-Determination Act of 2000 to 
 reflect such counties receipt of timber sale revenues, to strengthen 
      stewardship end result contracting, 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 ``Fostering 
Opportunities for Resources and Education Spending through Timber Sales 
Act of 2022'' or the ``FORESTS Act of 2022''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
                TITLE I--FOREST ACTIVE MANAGEMENT AREAS

Sec. 101. Definitions.
Sec. 102. Establishment of Forest Active Management Areas and annual 
                            volume requirements.
Sec. 103. Management of Forest Active Management Areas.
Sec. 104. Environmental analysis process for covered active management 
                            projects.
Sec. 105. Expedited compliance with Endangered Species Act.
Sec. 106. Administrative review.
Sec. 107. Use of arbitration instead of litigation to address challenge 
                            to covered active management project 
                            developed through collaborative process.
Sec. 108. Distribution of forest active management revenues.
Sec. 109. Annual report.
    TITLE II--TRANSITION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
           DETERMINATION ACT OF 2000 AND 25-PERCENT PAYMENTS

Sec. 201. Prohibition on State retention of portion of 25-percent 
                            payments made on behalf of beneficiary 
                            counties.
        TITLE III--STEWARDSHIP END RESULT CONTRACTING AUTHORITY

Sec. 301. Maximum authorized duration of stewardship end result 
                            contracts.
Sec. 302. Payment of portion of stewardship project revenues to county 
                            in which stewardship project occurs.
Sec. 303. Use of contractors to perform environmental analysis in 
                            connection with stewardship end result 
                            contracting projects.
                        TITLE IV--OTHER MATTERS

Sec. 401. Treatment as supplemental funding.
Sec. 402. Definition of fire suppression to include certain related 
                            activities.
Sec. 403. Prohibition on certain actions regarding Forest Service roads 
                            and trails.

SEC. 2. PURPOSES.

    The purposes of this Act are as follows:
            (1) To restore employment and educational opportunities in, 
        and improve the economic stability of, counties containing 
        National Forest System land.
            (2) To ensure that such counties have a dependable source 
        of revenue from National Forest System land.
            (3) To reduce Forest Service management costs while also 
        ensuring the protection of United States forest resources.
            (4) To reduce the frequency and severity of catastrophic 
        wildfires on Federal lands.

                TITLE I--FOREST ACTIVE MANAGEMENT AREAS

SEC. 101. DEFINITIONS.

    In this title:
            (1) Annual volume requirement.--
                    (A) In general.--The term ``annual volume 
                requirement'', with respect to a Forest Active 
                Management Area, means, the annual volume of national 
                forest materials from such Forest Active Management 
                Area that, subject to an adjustment pursuant to section 
                102(e)(2), is equal to or greater than--
                            (i) the allowable sale quantity established 
                        in the applicable forest plan for such Area,
                            (ii) divided by 10.
                    (B) Exclusions.--In determining the volume of 
                national forest materials or the sustained yield of a 
                Forest Active Management Area, the Secretary may not 
                include non-commercial post and pole sales and personal 
                use firewood.
            (2) Beneficiary county.--The term ``beneficiary county'' 
        means a political subdivision of a State that, on account of 
        containing National Forest System land, was eligible to receive 
        payments for any of the fiscal years 2001 through 2015 through 
        the State under title I of the Secure Rural Schools and 
        Community Self-Determination Act of 2000 (16 U.S.C. 7111 et 
        seq.).
            (3) Collaborative process.--The term ``collaborative 
        process'' refers to a planning, decisionmaking, and management 
        process that, as determined by the forest manager of the unit 
        of the National Forest System for which the process will occur 
        and as confirmed by the Regional Forester--
                    (A) includes multiple interested persons 
                representing diverse interests; and
                    (B) is transparent and nonexclusive or meets the 
                requirements for a resource advisory committee under 
                subsections (c) through (f) of section 205 of the 
                Secure Rural Schools and Community Self-Determination 
                Act of 2000 (16 U.S.C. 7125).
            (4) Covered active management project.--The terms ``covered 
        active management project'' and ``covered project'' mean a 
        project involving the management or sale of national forest 
        materials within a Forest Active Management Area to generate 
        forest active management revenues and achieve the annual volume 
        requirement for the Forest Active Management Area.
            (5) Forest active management area.--
                    (A) In general.--The term ``Forest Active 
                Management Area'' means National Forest System land in 
                a unit of the National Forest System that has been 
                identified in the 5-year period preceding the date of 
                such identification as being overstocked based off of 
                basal area or at risk of wildfire and suitable for 
                timber production.
                    (B) Exclusions.--A Forest Active Management Area 
                may not include National Forest System land--
                            (i) that is a component of the National 
                        Wilderness Preservation System;
                            (ii) on which the removal of vegetation is 
                        specifically prohibited by Federal statute; or
                            (iii) that is included within a National 
                        Monument as of the date of the enactment of 
                        this Act.
            (6) Forest active management revenues.--The term ``forest 
        active management revenues'' means revenues derived from the 
        sale of national forest materials in a Forest Active Management 
        Area.
            (7) National forest materials.--The term ``national forest 
        materials'' has the meaning given that term in section 14(e)(1) 
        of the National Forest Management Act of 1976 (16 U.S.C. 
        472a(e)(1)).
            (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)), except that the term does not include 
        the National Grasslands and land utilization projects 
        designated as National Grasslands administered pursuant to the 
        Act of July 22, 1937 (7 U.S.C. 1010-1012).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (10) Sustained yield.--The term ``sustained yield'' means 
        the maximum annual growth potential of a forest calculated on 
        the basis of the culmination of mean annual increment using 
        cubic measurement.
            (11) State.--The term ``State'' includes the Commonwealth 
        of Puerto Rico.
            (12) 25-percent payment.--The term ``25-percent payment'' 
        means the payment to States required by the sixth paragraph 
        under the heading of ``FOREST SERVICE'' in the Act of May 23, 
        1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act 
        of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).

SEC. 102. ESTABLISHMENT OF FOREST ACTIVE MANAGEMENT AREAS AND ANNUAL 
              VOLUME REQUIREMENTS.

    (a) Establishment of Forest Active Management Areas.--
Notwithstanding any other provision of law, the Secretary shall 
establish one or more Forest Active Management Areas within each unit 
of the National Forest System.
    (b) Deadline for Establishment.--The Secretary shall complete the 
establishment of Forest Active Management Areas not later than 60 days 
after the date of the enactment of this Act.
    (c) Purpose.--The purpose of a Forest Active Management Area is to 
provide a dependable source of 25-percent payments and economic 
activity through sustainable forest management for each beneficiary 
county containing National Forest System land included within that 
Forest Active Management Area.
    (d) Fiduciary Responsibility.--The Secretary shall have a fiduciary 
responsibility to beneficiary counties to manage a Forest Active 
Management Area to satisfy the annual volume requirement established 
for that Forest Active Management Area.
    (e) Annual Volume Requirement.--
            (1) Deadline for establishment.--Not later than 30 days 
        after the date of the establishment of a Forest Active 
        Management Area, the Secretary shall establish the annual 
        volume requirement for that Forest Active Management Area.
            (2) Collaborative adjustment authority.--
                    (A) In general.--The Secretary shall make publicly 
                available the annual volume requirement for a Forest 
                Active Management Area.
                    (B) Petition for adjustment.--Not later than 30 
                days after an annual volume requirement for a Forest 
                Management Area is made publicly available under 
                subparagraph (A), a forest management collaborative 
                located in the same Forest Service region as the Forest 
                Active Management Area may petition the Secretary to 
                adjust such annual volume requirement.
                    (C) Determination.--In the case of a petition under 
                subparagraph (B), the Secretary shall make a 
                determination on such petition not later than 60 days 
                after receiving such petition.
    (f) Size of Forest Active Management Area.--
            (1) Minimum size.--Except as provided in paragraph (3), the 
        Forest Active Management Areas established within a unit of the 
        National Forest System shall include not less than 50 percent 
        of the National Forest System lands in that unit identified as 
        commercial forest land capable of producing twenty cubic feet 
        of timber per acre.
            (2) Reduction prohibited.--Except as provided in paragraph 
        (3), once a Forest Active Management Area is established, the 
        Secretary may not reduce the number of acres of National Forest 
        System land included in that Forest Active Management Area.
            (3) Collaborative adjustment authority.--The Secretary may 
        reduce the number of acres of National Forest System land 
        included in a Forest Active Management Area, including an 
        acreage reduction resulting in the inclusion of a quantity of 
        commercial forest land below the percentage required by 
        paragraph (1) and section 101(5)(B), if the reduction is 
        developed and agreed upon through a collaborative process.
    (g) Map.--The Secretary shall submit a map of all Forest Active 
Management Areas established under subsection (a) and a map of any 
Forest Active Management Area whose acreage is adjusted made pursuant 
to subsection (f)(3)--
            (1) to the Committee on Agriculture and the Committee on 
        Natural Resources of the House of Representatives; and
            (2) to the Committee on Agriculture, Nutrition, and 
        Forestry and the Committee on Energy and Natural Resources of 
        the Senate.
    (h) Recognition of Valid and Existing Rights.--Neither the 
establishment of Forest Active Management Areas under subsection (a) 
nor any other provision of this title shall be construed to limit or 
restrict--
            (1) access to National Forest System land for hunting, 
        fishing, recreation, and other related purposes; or
            (2) valid and existing rights regarding National Forest 
        System land, including rights of any federally recognized 
        Indian tribe.

SEC. 103. MANAGEMENT OF FOREST ACTIVE MANAGEMENT AREAS.

    (a) Requirement To Achieve Annual Volume Requirement.--Immediately 
upon the establishment of a Forest Active Management Area, the 
Secretary shall manage the Forest Active Management Area in the manner 
necessary to achieve the annual volume requirement for the Forest 
Active Management Area. Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall commence covered active 
management projects to begin generating forest active management 
revenues.
    (b) Standards for Projects Within Forest Active Management Areas.--
The Secretary shall conduct covered active management projects within 
Forest Active Management Areas in accordance with this section and 
sections 104 and 105, which shall serve as the sole means by which the 
Secretary will comply with the National Environmental Policy Act of 
1969 (42 U.S.C. 4331 et seq.) and other laws applicable to the covered 
projects.
    (c) Use of Collaborative Process.--The Secretary is authorized and 
encouraged to develop covered active management projects for a Forest 
Active Management Area through a collaborative process. The decision 
notice for a covered active management project shall describe the 
collaborative process by which the project was developed, including a 
description of--
            (1) participation by or consultation with State, local, and 
        tribal governments; and
            (2) any established record of successful collaborative 
        planning and implementation of forest management projects by 
        the collaborators.
    (d) Use of Contractors To Perform Environmental Analysis.--
            (1) In general.--As part of a covered active management 
        project, or as a separate agreement or contract in connection 
        with one or more covered active management projects, the 
        Secretary may procure the services of persons who are not 
        Federal employees to perform activities necessary to ensure 
        project for compliance with the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4331 et seq.) and the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.).
            (2) Approval requirement.--Services performed under this 
        subsection are subject to approval by the Chief of the Forest 
        Service or other responsible official of the Forest Service.
            (3) Funding source.--As provided in section 108(c)(2), the 
        Secretary shall use forest active management revenues to cover 
        the cost of services procured under this subsection.
    (e) Application of Land and Resource Management Plan.--
            (1) Modification authority.--The Secretary may modify the 
        standards and guidelines contained in the land and resource 
        management plan for the unit of the National Forest System in 
        which the covered active management project will be carried out 
        as necessary to achieve the requirements of this Act.
            (2) Harvesting system.--Section 6(g)(3)(E)(iv) of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1604(g)(3)(E)(iv)) shall not apply to a covered 
        active management project.
    (f) Use of All-Terrain Vehicles for Management Activities.--The 
Secretary may allow the use of all-terrain vehicles within the Forest 
Active Management Areas for the purpose of activities associated with 
the sale of national forest materials in a Forest Active Management 
Area.

SEC. 104. ENVIRONMENTAL ANALYSIS PROCESS FOR COVERED ACTIVE MANAGEMENT 
              PROJECTS.

    (a) Environmental Assessment.--Except in the case of a covered 
active management project for which a categorical exclusion is 
available under subsection (e) or a Forest Active Management Area for 
which a programmatic environmental impact statement is in effect under 
subsection (f), the Secretary shall--
            (1) publish advance notice of each covered active 
        management project proposed to be conducted within a Forest 
        Active Management Area; and
            (2) complete an environmental assessment pursuant to 
        section 102(2) of the National Environmental Policy Act of 1969 
        (42 U.S.C. 4332(2)) for the proposed covered active management 
        project.
    (b) No Alternative Version.--The Secretary is not required to 
study, develop, or describe any alternative to the proposed agency 
action.
    (c) Cumulative Effects.--The Secretary shall consider cumulative 
effects solely by evaluating the impacts of a proposed covered active 
management project combined with the impacts of any other projects that 
were approved with a Decision Notice or Record of Decision before the 
date on which the Secretary published notice of the proposed covered 
project. The cumulative effects of past projects may be considered in 
the environmental assessment by using a description of the current 
environmental conditions.
    (d) Treatment of Decision Notice.--The decision notice for a 
covered active management project shall be considered a final agency 
action and no additional analysis under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall be required to 
implement any portion of the covered project.
    (e) Applicability of NEPA.--The designation and management of a 
Forest Active Management Area under this Act shall not be subject to 
the requirements of the National Environmental Policy Act of 1969 (42 
U.S.C. 4331 et seq.).

SEC. 105. EXPEDITED COMPLIANCE WITH ENDANGERED SPECIES ACT.

    (a) Non-Jeopardy Assessment.--If the Secretary makes a 
determination that a proposed covered active management project is not 
likely to jeopardize the continued existence of any species listed as 
endangered or threatened under section 4 of the Endangered Species Act 
of 1973 (16 U.S.C. 1533), the Secretary shall--
            (1) prepare an explanation of the basis for the 
        determination; and
            (2) submit the determination and explanation to the 
        Secretary of the Interior or the Secretary of Commerce, as 
        appropriate.
    (b) Review and Response.--
            (1) In general.--Within 30 days after receiving a 
        determination made by the Secretary under subsection (a), the 
        Secretary of the Interior or the Secretary of Commerce, as 
        appropriate, shall provide a written response to the Secretary 
        concurring in or rejecting the Secretary's determination.
            (2) Effect of rejection.--If the Secretary of the Interior 
        or the Secretary of Commerce rejects the determination made by 
        the Secretary under subsection (a), the written response of the 
        Secretary of the Interior or the Secretary of Commerce under 
        paragraph (1) shall include recommendations for measures that--
                    (A) will avoid the likelihood of jeopardy to an 
                endangered or threatened species;
                    (B) can be implemented in a manner consistent with 
                the intended purpose of the covered active management 
                project;
                    (C) can be implemented consistent with the scope of 
                the Secretary's legal authority and jurisdiction; and
                    (D) are economically and technologically feasible.
    (c) Formal Consultation.--In addition to recommendations made under 
subsection (b)(2) when the Secretary of the Interior or the Secretary 
of Commerce rejects a determination issued by the Secretary under 
subsection (a), the Secretary of the Interior or the Secretary of 
Commerce, as the case may be, shall engage in formal consultation with 
the Secretary pursuant to section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536). The Secretaries shall complete such consultation 
within 90 days after the submission of the written response under 
subsection (b).

SEC. 106. ADMINISTRATIVE REVIEW.

    Administrative review of a covered active management project shall 
occur only in accordance with the special administrative review process 
and requirements established under section 105 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6515), including the project-level 
predecisional administrative review process established in part 218 of 
title 36, Code of Federal Regulations.

SEC. 107. USE OF ARBITRATION INSTEAD OF LITIGATION TO ADDRESS CHALLENGE 
              TO COVERED ACTIVE MANAGEMENT PROJECT DEVELOPED THROUGH 
              COLLABORATIVE PROCESS.

    (a) Arbitration Process.--
            (1) In general.--In the case of a covered active management 
        project that was developed through a collaborative process, any 
        challenge to the covered project made after the special 
        administrative review process required by section 106 shall be 
        addressed using arbitration consistent with this section 
        instead of through judicial review.
            (2) Who may seek.--Any person who sought administrative 
        review for the covered project described in paragraph (1) and 
        who is not satisfied with the decision made under the 
        administrative review process may file a demand for arbitration 
        regarding the covered project in accordance with chapter 1 of 
        title 9, United States Code.
    (b) Requirements for Demand.--The demand for arbitration under 
subsection (a)(2) shall--
            (1) be filed not more than 30 days after the date on which 
        the administrative review decision was issued; and
            (2) include a proposal describing the modifications sought 
        to the covered project.
    (c) Intervening Parties.--
            (1) Requirements.--Any person that submitted a public 
        comment on the covered active management project subject to 
        arbitration may intervene in the arbitration--
                    (A) by endorsing the covered project or the 
                modification proposal submitted under subsection 
                (b)(2); or
                    (B) by submitting a proposal to further modify the 
                covered project.
            (2) Deadline for submission.--A request to intervene in an 
        arbitration must be submitted not later than the date that is 
        30 days after the date on which the demand for arbitration was 
        filed.
            (3) Multiple parties.--Multiple objectors or intervening 
        parties may submit a joint proposal so long as each objector or 
        intervening party meets the eligibility requirements of 
        subsection (a)(2) or paragraph (1), whichever applies.
    (d) Appointment of Arbitrator.--The United States District Court in 
the district in which the covered active management project is located 
shall appoint the arbitrator to conduct the arbitration proceedings in 
accordance with this section and chapter 1 of title 9, United States 
Code.
    (e) Selection of Proposals.--
            (1) In general.--The arbitrator appointed under subsection 
        (d)--
                    (A) may not modify any of the proposals submitted 
                with the demand for arbitration or a request to 
                intervene; and
                    (B) shall select to be conducted--
                            (i) a proposal submitted by an objector or 
                        an intervening party; or
                            (ii) the covered active management project, 
                        as approved by the Secretary.
            (2) Selection criteria.--An arbitrator shall select the 
        proposal that best meets the purpose and needs described in the 
        environmental analysis conducted for the covered project.
    (f) Effect of Decision.--The decision of an arbitrator with respect 
to the covered active management project--
            (1) shall not be considered a major Federal action;
            (2) shall be binding; and
            (3) shall not be subject to judicial review.
    (g) Deadline for Completion.--Not later than 90 days after the date 
on which the demand for arbitration is filed with respect to the 
covered active management project, the arbitration process shall be 
completed.

SEC. 108. DISTRIBUTION OF FOREST ACTIVE MANAGEMENT REVENUES.

    (a) Use To Make 25-Percent Payments.--The Secretary shall use 
forest active management revenues generated by covered active 
management projects to make 25-percent payments to States for payment 
to beneficiary counties.
    (b) Relation to Payments Under Secure Rural Schools and Community 
Self-Determination Act of 2000.--Subject to the offset required by 
subsection (f) of section 102 of the Secure Rural Schools and Community 
Self-Determination Act of 2000 (16 U.S.C. 7112), a beneficiary county 
may receive both--
            (1) a share of the 25-percent payments made to a State 
        under subsection (a); and
            (2) a share of the payment for the State (known as the 
        State payment) calculated under section 101(a) of the Secure 
        Rural Schools and Community Self-Determination Act of 2000 (16 
        U.S.C. 7111(a)) for which the beneficiary county made an 
        election (or was deemed to make an election) under section 
        102(b)(1) of such Act (16 U.S.C. 7112(b)(1)).
    (c) Other Uses of Revenues.--After compliance with subsection (a), 
the Secretary shall use forest active management revenues--
            (1) to make deposits into the fund established under 
        section 3 of the Act of June 9, 1930 (16 U.S.C. 576b; commonly 
        known as the Knutson-Vandenberg Fund), and the fund established 
        under section 14(h) of the National Forest Management Act of 
        1976 (16 U.S.C. 472a(h); commonly known as the salvage sale 
        fund) in contributions equal to the monies otherwise collected 
        under those Acts for projects conducted on National Forest 
        System land; and
            (2) to cover the cost of project services procured under 
        section 103(d).
    (d) Deposit in General Fund of the Treasury.--After compliance with 
subsections (a) and (c), the Secretary shall deposit remaining forest 
active management revenues into the general fund of the Treasury.

SEC. 109. ANNUAL REPORT.

    (a) Report Required.--Not later than 60 days after the end of each 
fiscal year, the Secretary shall submit to Congress an annual report 
specifying the following:
            (1) The annual volume requirement in effect for that fiscal 
        year for each Forest Active Management Area.
            (2) The volume of board feet actually harvested for each 
        Forest Active Management Area during that fiscal year.
            (3) The average cost of preparation for timber sales for 
        each Forest Active Management Area during that fiscal year.
            (4) The forest active management revenues generated from 
        such sales.
            (5) The total amount of 25-percent payments made to States 
        under section 108(a) during that fiscal year for the benefit of 
        beneficiary counties and the amount of forest active management 
        revenues distributed to each beneficiary county.
    (b) Form of Report.--The information required by subsection (a) to 
be provided with respect to a Forest Active Management Area shall be 
presented on a single page.
    (c) Public Availability.--The Secretary shall make each annual 
report available on the website of the Forest Service.

    TITLE II--TRANSITION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
           DETERMINATION ACT OF 2000 AND 25-PERCENT PAYMENTS

SEC. 201. PROHIBITION ON STATE RETENTION OF PORTION OF 25-PERCENT 
              PAYMENTS MADE ON BEHALF OF BENEFICIARY COUNTIES.

    (a) Amendment of Act of May 23, 1908.--The sixth paragraph under 
the heading ``FOREST SERVICE'' in the Act of May 23, 1908 (16 U.S.C. 
500), is amended in the first sentence by striking ``situated: 
Provided, That when'' and inserting the following: ``situated. 
Beginning on the date of the enactment of the FORESTS Act of 2022, the 
State or Territorial legislature may not withhold any of the amount 
paid under this paragraph from distribution to the county or counties 
in which the national forest is situated. When''.
    (b) Conforming Amendment to Weeks Law.--Section 13 of the Act of 
March 1, 1911 (commonly known as the Weeks Law; 16 U.S.C. 500), is 
amended in the first sentence by striking ``situated: Provided, That 
when'' and inserting the following: ``situated. Beginning on the date 
of the enactment of the FORESTS Act of 2022, the State legislature may 
not withhold any of the amount paid under this section from 
distribution to the county or counties in which such national forest is 
situated. When''.

        TITLE III--STEWARDSHIP END RESULT CONTRACTING AUTHORITY

SEC. 301. MAXIMUM AUTHORIZED DURATION OF STEWARDSHIP END RESULT 
              CONTRACTS.

    Section 604(d)(3)(B) of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6591c(d)(3)(B)) is amended by striking ``10 years'' and 
inserting ``20 years''.

SEC. 302. 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 by adding at the end the following new 
paragraph:
            ``(4) Payment of portion of stewardship project revenues to 
        counties.--Of the monies retained under paragraph (2) from an 
        agreement or contract under subsection (b), the Chief or the 
        Director, as the case may be, shall pay 25 percent of the 
        retained monies to the county or counties in which the project 
        site is situated.''.

SEC. 303. USE OF CONTRACTORS TO PERFORM ENVIRONMENTAL ANALYSIS IN 
              CONNECTION WITH STEWARDSHIP END RESULT CONTRACTING 
              PROJECTS.

    Section 604(b) of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6591c(b)) is amended--
            (1) by striking ``The Chief'' and inserting the following:
            ``(1) Project authority.--The Chief''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Related project preparation authority.--
                    ``(A) In general.--As part of an agreement or 
                contract under paragraph (1) for a stewardship 
                contracting project, or as a separate agreement or 
                contract in connection with one or more stewardship 
                contracting projects, the Chief or Director may procure 
                the services of persons who are not Federal employees 
                to perform activities necessary to ensure project for 
                compliance with the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4331 et seq.) and the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.).
                    ``(B) Approval requirement.--Services performed 
                under this paragraph are subject to approval by the 
                Chief, Director, or other responsible official of the 
                Forest Service or Bureau of Land Management.
                    ``(C) Funding sources.--The offset authority 
                provided by subsection (d)(4)(A) and receipts available 
                for expenditure under subsection (e)(2)(B) may be used 
                to cover the cost of services procured under this 
                paragraph.''.

                        TITLE IV--OTHER MATTERS

SEC. 401. TREATMENT AS SUPPLEMENTAL FUNDING.

    None of the funds made available to a beneficiary county (as 
defined in section 101(2) of this Act) or other political subdivision 
of a State under this Act shall be used in lieu of or to otherwise 
offset State funding sources for local schools, facilities, or 
educational purposes.

SEC. 402. DEFINITION OF FIRE SUPPRESSION TO INCLUDE CERTAIN RELATED 
              ACTIVITIES.

    For purposes of utilizing amounts made available to the Secretary 
of Agriculture or the Secretary of the Interior for fire suppression 
activities, including funds made available from the FLAME Fund, the 
term ``fire suppression'' includes reforestation, site rehabilitation, 
salvage operations, and replanting occurring following fire damage on 
lands under the jurisdiction of the Secretary concerned or following 
fire suppression efforts on such lands by the Secretary concerned.

SEC. 403. PROHIBITION ON CERTAIN ACTIONS REGARDING FOREST SERVICE ROADS 
              AND TRAILS.

    The Forest Service shall not remove or otherwise eliminate or 
obliterate any legally created road or trail unless there has been a 
specific decision, which included adequate and appropriate public 
involvement, to decommission the specific road or trail in question. 
The fact that any road or trail is not a Forest System road or trail, 
or does not appear on a Motor Vehicle Use Map, shall not constitute a 
decision.
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