Title: Emergency Forest Restoration Act
Policy area: Public Lands and Natural Resources

Summary:
Emergency Forest Restoration Act
This bill allows the Department of Agriculture (USDA), regarding National Forest System lands, or the Department of the Interior, regarding public lands, to develop and carry out a forest management activity on lands of the department concerned in a state when the activity's primary purpose is to address an insect or disease infestation that has been declared an emergency by the state governor.
With specified exceptions, a categorical exclusion shall be available to USDA or Interior for these purposes.
A "categorical exclusion" is an exception to the requirements of the National Environmental Policy Act of 1969 for a project or activity relating to the management of National Forest System lands or public lands that would otherwise be considered a major federal action.
Beginning in FY2019, USDA shall identify the amount of funds, if any, appropriated in the previous fiscal year pursuant to the authorization of appropriations specified in this bill.
Within five years of the end of the fiscal year in which an identification is made, USDA shall sell an amount of timber the sale of which is sufficient to recoup the identified amount and any associated costs.
The bill prescribes requirements for the deposit of sales proceeds.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 865 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 865

     To make a categorical exclusion available to the Secretary of 
Agriculture and the Secretary of the Interior to develop and carry out 
 a forest management activity on National Forest system lands derived 
  from the public domain or public lands to address insect or disease 
infestation declared as an emergency in a State by the Governor of such 
                     State, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 2017

  Mr. McClintock (for himself, Mr. Cook, Mr. Gosar, Mr. Stewart, Mr. 
 Valadao, Mr. Newhouse, Mr. McCarthy, Mr. LaMalfa, Mr. Westerman, Mr. 
    Labrador, Mr. Nunes, Mr. Denham, and Mr. Knight) introduced the 
following bill; which was referred to the Committee on Agriculture, and 
 in addition to the Committee on Natural Resources, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
     To make a categorical exclusion available to the Secretary of 
Agriculture and the Secretary of the Interior to develop and carry out 
 a forest management activity on National Forest system lands derived 
  from the public domain or public lands to address insect or disease 
infestation declared as an emergency in a State by the Governor of such 
                     State, 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 ``Emergency Forest Restoration Act''.

SEC. 2. CATEGORICAL EXCLUSION TO ADDRESS A DECLARED EMERGENCY.

    (a) Authority To Conduct Forest Management Activity.--The Secretary 
concerned may develop and carry out a forest management activity on 
National Forest System lands or public lands in a State when the 
primary purpose of the forest management activity is to address a 
declared emergency.
    (b) Availability of Categorical Exclusion.--Except as provided in 
section 4, a categorical exclusion is available to the Secretary 
concerned to develop and carry out a forest management activity 
described in subsection (a).
    (c) Authorization of Appropriations.--For purposes of this section, 
there is authorized to be appropriated to the Secretary concerned 
$300,000,000 for each of fiscal years 2018 through 2025.

SEC. 3. USE OF TIMBER SALE REVENUES TO OFFSET FUNDS APPROPRIATED TO 
              ADDRESS A DECLARED EMERGENCY.

    (a) Timber Sales Required.--
            (1) Identification of amounts appropriated.--For fiscal 
        year 2019 and each fiscal year thereafter, the Secretary of 
        Agriculture shall identify the amount of funds, if any, 
        appropriated in the prior fiscal year pursuant to the 
        authorization of appropriations in section 2(c).
            (2) Sales.--Not later than 5 years after the end of the 
        fiscal year in which an identification is made under paragraph 
        (1), the Secretary of Agriculture shall sell (in the manner 
        provided for under section 14 of the National Forest Management 
        Act of 1976 (16 U.S.C. 472a)) an amount of timber the sale of 
        which is sufficient to recoup the amount identified under 
        paragraph (1) and any costs associated with such sale.
            (3) Proceeds.--Proceeds from the sale of timber described 
        under paragraph (2) shall be deposited as follows:
                    (A) An amount equal to the appropriated amount 
                identified under paragraph (1) shall be deposited in 
                the general fund of the Treasury of the United States 
                as miscellaneous receipts.
                    (B) An amount equal to the costs associated with 
                the sale shall be deposited in a designated fund from 
                which sums are to be used, to cover the cost to the 
                United States for design, engineering, and supervision 
                of the construction of needed roads and the cost for 
                Forest Service sale preparation and supervision of the 
                harvesting of such timber.
                    (C) Any amounts not described under subparagraph 
                (A) or (B) shall be deposited in the general fund of 
                the Treasury of the United States as miscellaneous 
                receipts.
    (b) Categorical Exclusion.--Except as provided in section 4, a 
categorical exclusion is available to the Secretary of Agriculture for 
timber sales conducted pursuant to subsection (a).

SEC. 4. LIMITATION OF CATEGORICAL EXCLUSION.

    A categorical exclusion under this Act may not be used on National 
Forest System lands or public lands--
            (1) that are included in the National Wilderness 
        Preservation System;
            (2) that are located within an inventoried roadless area 
        unless the reforestation activity is consistent with the forest 
        plan applicable to the area; or
            (3) on which timber harvesting for any purpose is 
        prohibited by statute.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Categorical exclusion.--The term ``categorical 
        exclusion'' means an exception to the requirements of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4331 et 
        seq.) for a project or activity relating to the management of 
        National Forest System lands or public lands that would 
        otherwise be considered a major Federal action.
            (2) Declared emergency.--The term ``declared emergency'' 
        means an insect or disease infestation in a State that has been 
        declared an emergency by the Governor of such State.
            (3) National forest system lands.--The term ``National 
        Forest System lands'' means Federal lands derived from the 
        public domain that are included in the National Forest System 
        (as such term is defined in section 11(a) of the Forest and 
        Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 
        1609(a))), including such lands within the boundaries of a 
        national monument managed by the Forest Service.
            (4) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System lands; or
                    (B) the Secretary of the Interior, with respect to 
                public lands.
            (5) State.--The term ``State'' means any of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and any other territory or possession of the United 
        States.
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