Title: RESTORE Act of 2021
Policy area: Public Lands and Natural Resources

Summary:
Restoring Environments, Soils, Trees, and Operations to develop the Rural Economy Act of 2021 or the RESTORE Act of 2021
This bill requires the Department of Agriculture (USDA), at the request of a governor of a state, to select a forest landscape in the state on which to conduct a forest landscape project. For a project, USDA must carry out one or more specified management activities, including installing fuel breaks, conducting controlled burns, and removing dead trees.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2612 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 2612

   To provide for forest landscape projects, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 16, 2021

 Mr. LaMalfa (for himself, Mr. Newhouse, Mr. Johnson of South Dakota, 
Mr. McCarthy, Mr. Westerman, and Mr. Crawford) introduced the following 
   bill; which was referred to the Committee on Agriculture, and in 
addition to the Committees on Natural Resources, and the Judiciary, 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 provide for forest landscape projects, 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 ``Restoring Environments, Soils, 
Trees, and Operations to develop the Rural Economy Act of 2021'' or the 
``RESTORE Act of 2021''.

SEC. 2. FOREST LANDSCAPE PROJECTS.

    (a) Establishment.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary shall, at the request 
        of a Governor of a State, select a forest landscape in the 
        State on which to conduct a forest landscape project described 
        in subsection (b)(1).
            (2) Process.--
                    (A) Proposals.--To request a forest landscape 
                project be carried out in a State under paragraph (1), 
                the Governor of such State may submit to the Secretary 
                a proposal for a forest landscape project in such 
                State.
                    (B) Selection.--The Secretary may only select a 
                proposal submitted under subparagraph (A) if the 
                proposal will be conducted on a forest landscape.
            (3) Applicability of nepa.--The selection of a forest 
        landscape under this subsection shall not be subject to the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
    (b) Forest Landscape Projects.--
            (1) In general.--A forest landscape project carried out by 
        the Secretary under this section is a project--
                    (A) for which the Secretary carries out 1 or more 
                covered management activities described in paragraph 
                (2); and
                    (B) that takes place--
                            (i) on a forest landscape; and
                            (ii) on not more than 75,000 acres of--
                                    (I) Federal land; or
                                    (II) non-Federal land adjacent to 
                                Federal land on which the project is 
                                also carried out.
            (2) Covered management activity.--A covered management 
        activity described in this paragraph is a forest management 
        activity to--
                    (A) install fuel breaks (including shaded fuel 
                breaks) not more than \1/2\-mile wide across a forest 
                landscape in a strategic system that maximizes the 
                reduction of wildfire risk to communities or 
                watersheds;
                    (B) carry out mechanical thinning (including 
                restoration thinning) of a forest landscape to clear--
                            (i) surface fuels, such as slash;
                            (ii) ladder fuels, such as small and medium 
                        diameter trees and shrubs; or
                            (iii) both of the fuels described in 
                        clauses (i) and (ii);
                    (C) conduct controlled burns; and
                    (D) remove dead trees, dying trees, or trees at 
                high-risk of dying.
            (3) Requirements.--In carrying out a covered management 
        activity under a forest landscape project, the Secretary--
                    (A) shall--
                            (i) maximize the retention of old-growth 
                        stands and large trees, as appropriate for the 
                        forest type, to the extent that the trees 
                        promote stands that are resilient to wildfire 
                        and increased average temperature; and
                            (ii) consider the best available scientific 
                        information to maintain or restore the 
                        ecological integrity of the forest landscape; 
                        and
                    (B) may not establish a permanent road.
    (c) Environmental Analysis.--
            (1) Application to certain environmental assessments and 
        environmental impact statements.--This subsection shall apply 
        in any case in which the Secretary prepares an environmental 
        assessment or an environmental impact statement pursuant to 
        section 102(2) of the National Environmental Policy Act of 1969 
        (42 U.S.C.4332(2)) for a forest landscape project--
                    (A) that--
                            (i) is developed through a collaborative 
                        process; or
                            (ii) is covered by a community wildfire 
                        protection plan; and
                    (B) the primary purpose of which is--
                            (i) to reduce the risk of wildfire in the 
                        forest landscape;
                            (ii) to restore ecological health to the 
                        forest landscape; or
                            (iii) to adapt the forest landscape to the 
                        increased risk of wildfire due to climate 
                        change.
            (2) Consideration of alternatives.--In an environmental 
        assessment or an environmental impact statement described in 
        paragraph (1), the Secretary shall study, develop, and describe 
        only the following alternatives:
                    (A) The proposed agency action.
                    (B) The alternative of no action.
            (3) Waiver.--In preparing an environmental impact statement 
        for a forest landscape project described in paragraph (1), the 
        Secretary shall not be required to comply with section 
        1502.11(g) or 1502.17 of title 40, Code of Federal Regulations 
        (or successor regulations).
    (d) Judicial Review in United States District Courts.--
            (1) Venue.--Notwithstanding section 1391 of title 28, 
        United States Code, or other applicable law, a forest landscape 
        project for which an environmental assessment or an 
        environmental impact statement is prepared shall be subject to 
        judicial review only in--
                    (A) the United States district court for a district 
                in which the Federal land to be treated under the 
                forest landscape project is located; or
                    (B) the United States district court for the 
                District of Columbia.
            (2) Expeditious completion of judicial review.--In the 
        judicial review of an action challenging a forest landscape 
        project described in paragraph (1), Congress encourages a court 
        of competent jurisdiction to expedite, to the maximum extent 
        practicable, the proceedings in the action with the goal of 
        rendering a final determination on jurisdiction, and, if 
        jurisdiction exists, a final determination on the merits, as 
        soon as practicable after the date on which a complaint or 
        appeal is filed to initiate the action.
    (e) Exclusions.--The authorities provided under this section may 
not apply to--
            (1) any component of the National Wilderness Preservation 
        System, except with respect to wilderness study areas 
        determined, before the date of the enactment of this Act, to 
        not be suitable for wilderness designation;
            (2) any congressionally designated wilderness study area;
            (3) National Forest System lands--
                    (A) on which the removal of vegetation is 
                prohibited by Act of Congress;
                    (B) that are located within a national or State-
                specific inventoried roadless area established by the 
                Secretary 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;
                            (ii) the Secretary determines the forest 
                        management activity is permissible under the 
                        applicable roadless rule governing such lands; 
                        or
                            (iii) the inventoried roadless area was not 
                        recommended for wilderness designation as a 
                        result of--
                                    (I) the second roadless area review 
                                and evaluation program (RARE II); or
                                    (II) a subsequent revision of a 
                                land and resources management plan 
                                under section 6 of the Forest and 
                                Rangeland Renewable Resources Planning 
                                Act of 1974 (16 U.S.C. 1604); or
                    (C) on which timber harvesting for any purpose is 
                prohibited by Federal statute.
    (f) Definitions.--In this section:
            (1) Collaborative process.--The term ``collaborative 
        process'' means a collaborative process described in section 
        4003(b)(2) of the Omnibus Public Land Management Act of 2009 
        (16 U.S.C. 7303(b)(2)).
            (2) Forest landscape.--The term ``forest landscape'' means 
        an area that--
                    (A) primarily or entirely contains land that has a 
                high or very high wildfire hazard potential;
                    (B) due to a fuel management activity in the area, 
                would have a reduced risk, as determined by the 
                Secretary--
                            (i) of wildfire endangering a nearby at-
                        risk community (as defined in section 101 of 
                        the Healthy Forests Restoration Act of 2003 (16 
                        U.S.C. 6511));
                            (ii) of wildfire damaging a municipal 
                        watershed or infrastructure that serves an at-
                        risk community described in clause (i); or
                            (iii) of the transmission of a high 
                        intensity wildfire from the applicable 
                        wildland-urban interface or forest landscape to 
                        a nearby community; and
                    (C) to the extent practicable, is conducive to the 
                development and implementation of projects relating to 
                wildfire resilience and forest health or removal of 
                dead or dying trees that are carried out through a 
                collaborative process.
            (3) Forest landscape project.--The term ``forest landscape 
        project'' means a project described in subsection (b)(1).
            (4) Forest plan.--The term ``forest plan'' means 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).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $200,000,000 for fiscal year 
2021 and each fiscal year thereafter.
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