SALVAGE Act
Bill: H.R.4574 | Sponsor: Rep. Obernolte, Jay (R-CA)
Policy area: Public Lands and Natural Resources

Summary:
Salvaging American Lumber Via Action with Greater Efficiency Act or the SALVAGE Act
This bill provides for certain activities related to salvage operations and certain reforestation activities conducted on National Forest System lands or public lands.
The bill categorically excludes salvage operations carried out by the Department of Agriculture (USDA) and the Department of the Interior, on certain National Forest System lands or certain public lands, respectively, from the requirement to prepare an environmental assessment or an environmental impact statement.
Each salvage operation covered by the categorical exclusion may not contain treatment units that exceed a total of 10,000 acres.
An environmental assessment for a salvage operation or reforestation activity proposed to be conducted on National Forest System lands or public lands that are adversely impacted by a large-scale catastrophic event shall be completed within 60 days after the conclusion of the event. In the case of such reforestation activities USDA and Interior shall, to the maximum extent practicable, achieve reforestation of at least 75% of the impacted lands during the five-year period following the conclusion of the catastrophic event.
No later than 60 days after a wildfire is contained on National Forest System lands, USDA shall convert any timber sales on lands impacted by such wildfire to salvage sales.
No restraining order, preliminary injunction, or injunction pending appeal shall be issued by any U.S. court respecting any decision to prepare or conduct a salvage operation or reforestation activity in response to a large-scale catastrophic event.

To expedite certain activities related to salvage operations and 
  reforestation activities on National Forest System lands or public 
   lands in response to catastrophic events, 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 ``Salvaging American Lumber Via Action 
with Greater Efficiency Act'' or the ``SALVAGE Act''.

SEC. 2. 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. 3. 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. 4. 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. 5. 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.

SEC. 6. EXCLUSIONS.

    The authorities provided by this Act 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.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) 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.
            (2) 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).
            (3) 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)).
            (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) 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.
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