115 S2068 IS: Wildfire Prevention and Mitigation Act of 2017
U.S. Senate
2017-11-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 2068IN THE SENATE OF THE UNITED STATESNovember 2, 2017Mr. Barrasso (for himself, Mr. Hatch, Mr. Thune, and Mr. Daines) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo discourage litigation against the Forest Service and the Bureau of Land Management relating to
			 land management projects, to require the Secretary of the Interior to
			 develop a categorical exclusion for covered vegetative management
			 activities carried out to establish or improve habitat for greater
			 sage-grouse and mule deer, to address the forest health crisis on National
			 Forest System land, to expedite and prioritize forest management
			 activities to achieve ecosystem restoration objectives, and for other
			 purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Wildfire Prevention and Mitigation Act of 2017.
 (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—Litigation relief for forest management projects Sec. 101. Forest and Rangeland Renewable Resources Planning Act of 1974. Sec. 102. Federal Land Policy and Management Act of 1976. TITLE II—Sage-grouse and mule deer habitat conservation and restoration Sec. 201. Definitions. Sec. 202. Improvement of habitat for greater sage-grouse and mule deer. TITLE III—Forest habitat and ecosystem improvement  Sec. 301. Definitions. Subtitle A—General provisions Sec. 311. Environmental assessments. Sec. 312. Good neighbor authority. Sec. 313. Stewardship end result contracting projects. Sec. 314. Pilot alternative dispute process. Subtitle B—Ecosystem restoration Sec. 321. Definitions. Sec. 322. Ecosystem restoration projects. Sec. 323. National restoration treatment acreage. Sec. 324. Performance measures; annual reports. Subtitle C—Categorical exclusions  Sec. 331. Definitions. Sec. 332. Categorical exclusion to expedite certain critical response actions. Sec. 333. Categorical exclusion to meet forest plan goals for early seral and early successional forests. Sec. 334. Categorical exclusion to improve wildlife habitats. Sec. 335. Categorical exclusion to thin forests. Sec. 336. Expansion of categorical exclusion for insect and disease infestation.  2.Definition of SecretaryIn this Act, the term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
		ILitigation relief for forest management projects
			101.Forest and Rangeland Renewable Resources Planning Act of 1974
 (a)Consultation regarding land management plansSection 6(d) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604(d)) is amended—
 (1)by striking (d) The Secretary and inserting the following:  (d)Public participation and consultation (1)In generalThe Secretary; and
 (2)by adding at the end the following:  (2)No additional consultation required after approval of land management plans (A)In generalNotwithstanding any other provision of law, the Secretary shall not be required to engage in consultation under this subsection or any other provision of law (including section 7 of Public Law 93–205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal Regulations (or a successor regulation)) with respect to—
 (i)the listing of a species as threatened or endangered, or a designation of critical habitat pursuant to Public Law 93–205 (16 U.S.C. 1531 et seq.), if a land management plan has been adopted by the Secretary as of the date of listing or designation; or
 (ii)any provision of a land management plan adopted as described in clause (i). (B)Effect of paragraphNothing in this paragraph affects any applicable requirement of the Secretary to consult with the head of any other Federal department or agency—
 (i)regarding any project to implement a land management plan, including a project carried out, or proposed to be carried out, in an area designated as critical habitat pursuant to Public Law 93–205 (16 U.S.C. 1531 et seq.); or
 (ii)with respect to the development of a modification to a land management plan that would result in a significant change (within the meaning of subsection (f)(4)) in the land management plan..
					(b)Definition of Secretary; conforming amendments
 (1)Definition of SecretarySection 3(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601(a)) is amended, in the first sentence of the matter preceding paragraph (1), by inserting (referred to in this Act as the Secretary) after Secretary of Agriculture.
 (2)Conforming amendmentsThe Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) is amended, in sections 4 through 9, 12, 13, and 15, by striking Secretary of Agriculture each place it appears and inserting Secretary.
 102.Federal Land Policy and Management Act of 1976Section 202(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(f)) is amended—
 (1)by striking (f) The Secretary and inserting the following:  (f)Public involvement (1)In generalThe Secretary; and
 (2)by adding at the end the following:  (2)No additional consultation required after approval of land use plans (A)In generalNotwithstanding any other provision of law, the Secretary shall not be required to engage in consultation under this subsection or any other provision of law (including section 7 of Public Law 93–205 (16 U.S.C. 1536) and section 402.16 of title 50, Code of Federal Regulations (or a successor regulation)), with respect to—
 (i)the listing of a species as threatened or endangered, or a designation of critical habitat, pursuant to Public Law 93–205 (16 U.S.C. 1531 et seq.), if a land use plan has been adopted by the Secretary as of the date of listing or designation; or
 (ii)any provision of a land use plan adopted as described in clause (i). (B)Effect of paragraph (i)Definition of significant changeIn this subparagraph, the term significant change means a significant change within the meaning of section 219.13(b)(3) of title 36, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph), except that—
 (I)any reference contained in that section to a land management plan shall be deemed to be a reference to a land use plan;
 (II)any reference contained in that section to the Forest Service shall be deemed to be a reference to the Bureau of Land Management; and
 (III)any reference contained in that section to the National Forest Management Act of 1976 (Public Law 94–588; 90 Stat. 2949) shall be deemed to be a reference to this Act.
 (ii)EffectNothing in this paragraph affects any applicable requirement of the Secretary to consult with the head of any other Federal department or agency—
 (I)regarding a project carried out, or proposed to be carried out, with respect to a species listed as threatened or endangered, or in an area designated as critical habitat, pursuant to Public Law 93–205 (16 U.S.C. 1531 et seq.); or
 (II)with respect to the development of a new land use plan or the revision of or other significant change to an existing land use plan..
				IISage-grouse and mule deer habitat conservation and restoration
 201.DefinitionsIn this title: (1)Covered vegetation management activity (A)In generalThe term covered vegetation management activity means any activity described in subparagraph (B) that—
 (i)meets the objectives of the order of the Secretary numbered 3336 and dated January 5, 2015; (ii)conforms to an applicable land use plan;
 (iii)protects, restores, or improves greater sage-grouse or mule deer habitat; (iv)will not permanently impair—
 (I)the natural state of the treated area; (II)outstanding opportunities for solitude;
 (III)outstanding opportunities for primitive, unconfined recreation; (IV)economic opportunities consistent with multiple-use management; or
 (V)the identified values of a unit of the National Landscape Conservation System; and (v)(I)restores native vegetation following a natural disturbance;
 (II)prevents the expansion into greater sage-grouse or mule deer habitat of— (aa)juniper, piñon pine, or any other conifer; or
 (bb)nonnative or invasive vegetation; (III)reduces the risk of loss of greater sage-grouse or mule deer habitat from wildfire or any other natural disturbance; or
 (IV)provides emergency stabilization of soil resources after a natural disturbance. (B)Description of activitiesAn activity referred to in subparagraph (A) is—
 (i)manual cutting and removal of juniper trees, piñon pine trees, other conifers, or other nonnative or invasive vegetation;
 (ii)mechanical mastication, cutting, or mowing, mechanical piling and burning, chaining, broadcast burning, or yarding;
 (iii)removal of cheat grass, medusa head rye, other nonnative vegetation, or an invasive species; (iv)collection and seeding or planting of native vegetation using a manual, mechanical, or aerial method;
 (v)seeding of nonnative vegetation only for the purpose of emergency stabilization; (vi)use of an herbicide, pesticide, or biological control agent, subject to the condition that the use shall be in accordance with applicable legal requirements, Federal agency procedures, and land use plans;
 (vii)targeted livestock grazing to mitigate hazardous fuels and control noxious and invasive weeds;
 (viii)temporary removal of wild horses or burros in the area in which the activity is being carried out to ensure treatment objectives are met;
 (ix)modification or adjustment of permissible usage under an annual plan of use of a grazing permit issued by the Secretary, in coordination with the affected permit holder, to achieve restoration treatment objectives;
 (x)installation of new, or modification of existing, fencing or water sources intended to control use or improve wildlife habitat; or
 (xi)construction of temporary roads. (C)ExclusionsThe term covered vegetation management activity does not include—
 (i)any activity conducted in a wilderness area or wilderness study area; or (ii)any activity for the construction of a permanent road or permanent trail.
 (2)SecretaryThe term Secretary means the Secretary of the Interior. (3)Temporary roadThe term temporary road means a road that is—
 (A)authorized— (i)by a contract, permit, lease, other written authorization; or
 (ii)pursuant to an emergency operation; (B)not intended to be part of the permanent transportation system of a Federal department or agency;
 (C)not necessary for long-term resource management; and (D)designed in accordance with standards appropriate for the intended use of the road, taking into consideration—
 (i)safety; (ii)the cost of transportation; and
 (iii)impacts to land and resources. 202.Improvement of habitat for greater sage-grouse and mule deer (a)Categorical exclusion (1)In generalNot later than 1 year after the date of the enactment of this Act, the Secretary shall develop one or more categorical exclusions (as defined in section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation)) for covered vegetative management activities carried out to establish or improve habitat for greater sage-grouse and mule deer.
 (2)AdministrationIn developing and administering a categorical exclusion under paragraph (1), the Secretary shall— (A)be consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
 (B)apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or a successor regulation), in determining whether to use the categorical exclusion; and
 (C)consider— (i)the relative efficacy of landscape-scale habitat projects;
 (ii)the likelihood of continued declines in the populations of greater sage-grouse and mule deer in the absence of landscape-scale vegetation management; and
 (iii)the need for habitat restoration activities after wildfire or other natural disturbances. (b)Long-Term monitoring and maintenanceBefore commencing any covered vegetative management activity that is covered by a categorical exclusion under subsection (a), the Secretary shall develop a long-term monitoring and maintenance plan, covering at least the 20-year period beginning on the date of commencement, to ensure that management of the treated area does not degrade the habitat gains secured by the covered vegetative management activity.
 (c)Disposal of vegetative materialSubject to applicable local restrictions, any vegetative material resulting from a covered vegetation management activity that is covered by a categorical exclusion under subsection (a) may be—
 (1)used for— (A)fuel wood; or
 (B)other products; or (2)piled or burned, or both.
					(d)Treatment for temporary roads
 (1)In generalA temporary road constructed in connection with a covered vegetation management activity that is a categorical exclusion under subsection (a) shall be treated to ensure the reestablishment of native vegetative cover by artificial or natural means, as necessary to minimize erosion from any area disturbed by the construction or use of the temporary road.
 (2)RequirementA treatment under paragraph (1) shall be designed to reestablish vegetative cover— (A)as soon as practicable; but
 (B)not later than 10 years after the date of completion of the applicable covered vegetation management activity.
						IIIForest habitat and ecosystem improvement
 301.DefinitionsIn this title: (1)Forest planThe term forest plan means a land and resource management plan prepared by the Forest Service in accordance with section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
				(2)National Forest System
 (A)In generalThe term National Forest System has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
 (B)ExclusionThe term National Forest System does not include— (i)any forest reserve not created from the public domain; or
 (ii)any national grassland or land utilization project administered under title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.).
						AGeneral provisions
				311.Environmental assessments
 (a)Applicability of National Environmental Policy Act of 1969The Secretary shall prepare an environmental assessment in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for each project under this title.
 (b)Public notice and commentIn preparing an environmental assessment for a project under subsection (a), the Secretary shall provide public notice of, and an opportunity to comment regarding, the applicable project.
 (c)Consideration of alternativesThe Secretary shall study, develop, and describe in each environmental assessment under subsection (a)—
 (1)the project as the proposed action; and (2)a no-action alternative, the analysis of which shall include a description of the resulting environmental effects of taking no action on—
 (A)forest health; (B)habitat diversity;
 (C)wildfire potential; (D)insect and disease potential;
 (E)municipal water supplies; and (F)other economic and social factors.
 (d)LimitationsThe Secretary shall limit each environmental assessment under this section to a length of not more than 100 pages.
					(e)Deadline for completion
 (1)In generalNot later than 180 days after the date on which the Secretary publishes a notice regarding an ecosystem restoration project in accordance with subsection (b), the Secretary shall complete the environmental assessment for the project.
 (2)No supplemental analysis requiredNo supplemental analysis of an ecosystem restoration project that is the subject of an environmental assessment under paragraph (1) shall be required after the date on which that environmental assessment is complete.
						312.Good neighbor authority
 (a)In generalSection 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is amended— (1)in subsection (a)(3)—
 (A)by redesignating subparagraph (B) as subparagraph (C); (B)by inserting after subparagraph (A) the following:

 (B)InclusionThe term forest, rangeland, and watershed restoration services includes construction, reconstruction, repair, or restoration of permanent roads.; and (C)in subparagraph (C)(i) (as redesignated by subparagraph (A)), by striking or permanent; and
 (2)in subsection (b)— (A)by redesignating paragraph (3) as paragraph (4); and
 (B)by inserting after paragraph (2) the following:  (3)Permanent road closure (A)In generalThe Secretary may close a permanent road under a good neighbor agreement without carrying out with respect to the permanent road authorized restoration services if the permanent road would allow future access for firefighting or other appropriate agency use, as determined by the applicable forest supervisor.
 (B)IntactnessIf a permanent road is closed under subparagraph (A), the permanent road shall be closed to the public according to the applicable forest plan, but shall remain intact..
 (b)RepealSection 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011 note) is repealed.
					313.Stewardship end result contracting projects
 (a)Healthy forests restorationSection 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) is amended— (1)in subsection (c), by adding at the end the following:

 (8)Retention of existing wood products infrastructure.; (2)in subsection (d)—
 (A)in paragraph (1), by inserting , or lowest-cost-technically-acceptable, after best-value; and (B)by adding at the end the following:

									(8)Permanent road closure
 (A)In generalThe Secretary of Agriculture may close a permanent road under a contract entered into under this section without achieving with respect to the permanent road the restoration activities included in the land management goals described in subsection (c) if the permanent road would allow future access for firefighting or other appropriate agency use, as determined by the applicable forest supervisor.
 (B)IntactnessIf a permanent road is closed under subparagraph (A), the permanent road shall be closed to the public according to the applicable forest plan, but shall remain intact.; and
 (3)in subsection (e)(2)(A), by inserting , subject to the condition that 25 percent of the gross receipts shall be disbursed to the county in which the project site is located before ; and.
						314.Pilot alternative dispute process
					(a)Arbitration
 (1)In generalThe Secretary shall establish within the Forest Service a 5-year arbitration pilot program as an alternative dispute resolution process in lieu of judicial review for the projects described in subsection (b).
 (2)Notification to objectorsOn issuance of an appeal response to an objection filed with respect to a project subject to an objection at the project level under part 218 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), the Secretary shall notify each applicable individual or entity that submitted the objection (referred to in this section as the objector) that any further appeal may be subject to arbitration in accordance with this section.
 (b)Description of projectsThe Secretary, in coordination with the head of the applicable Region of the Forest Service, may designate any type of project under this title for arbitration under this section.
					(c)Arbitrators
 (1)AppointmentThe Secretary shall develop and publish a list of not fewer than 20 individuals eligible to serve as arbitrators for the pilot program under this section.
 (2)QualificationsIn order to be eligible to serve as an arbitrator under this subsection, an individual shall be currently certified by the American Arbitration Association.
						(d)Initiation of arbitration
 (1)In generalNot later than 7 days after the date of receipt of a notice of intent to file suit challenging a project, the Secretary shall notify each applicable objector and the court of jurisdiction that the project has been designated for arbitration in accordance with this section.
						(2)Demand for arbitration
 (A)In generalAn objector that sought judicial review of a project that has been designated by the Secretary for arbitration under this section may file a demand for arbitration in accordance with—
 (i)sections 571 through 584 of title 5, United States Code; and (ii)this paragraph.
 (B)RequirementsA demand for arbitration under subparagraph (A) shall— (i)be filed not later than the date that is 30 days after the date of the notification by the Secretary under paragraph (1); and
 (ii)include an alternative proposal to the applicable project that describes each modification sought by the objector with respect to the project.
 (e)Selection of arbitratorFor each arbitration commenced under this section, the Secretary and each applicable objector shall agree on a mutually acceptable arbitrator from the list published under subsection (c)(1).
					(f)Responsibilities of arbitrator
 (1)In generalAn arbitrator selected under subsection (e)— (A)shall address each demand filed for arbitration with respect to a project under this section; but
 (B)may consolidate into a single arbitration all demands for arbitration by all objectors with respect to a project.
 (2)Selection of proposalsAn arbitrator shall make a decision regarding each applicable demand for arbitration under this section by selecting—
 (A)the project, as approved by the Secretary; (B)an alternative proposal submitted by the applicable objector; or
 (C)neither proposal. (3)Limitations (A)Administrative recordA decision of an arbitrator under this subsection shall be based solely on the administrative record for the project.
 (B)No modifications to proposalsAn arbitrator may not modify any proposal contained in a demand for arbitration of an objector under this section.
 (g)Deadline for completion of arbitrationNot later than 90 days after the date on which a demand for arbitration is filed under subsection (d)(2), the arbitration process shall be completed.
 (h)Effect of arbitration decisionA decision of an arbitrator under this section— (1)shall not be considered to be a major Federal action;
 (2)shall be binding; and (3)shall not be subject to judicial review, except as provided in section 10(a) of title 9, United States Code.
 (i)Termination of effectivenessThe authority provided by this section terminates effective January 1, 2023. BEcosystem restoration 321.DefinitionsIn this subtitle:
 (1)Community wildfire protection planThe term community wildfire protection plan has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
					(2)Restoration
 (A)In generalThe term restoration, with respect to an ecosystem, means to carry out any activity that helps to recover, establish, or maintain the resilience or adaptive capacity of an ecosystem.
 (B)InclusionsThe term restoration includes any activity described in subsection (a) relating to—
 (i)timber harvesting; (ii)thinning;
 (iii)prescribed fire; or (iv)other vegetation manipulation in the National Forest System.
							322.Ecosystem restoration projects
 (a)In generalSubject to subsection (b), the Secretary shall identify, prioritize, and carry out ecosystem restoration projects on National Forest System land in accordance with applicable land and resource management plans prepared by the Secretary for units of the National Forest System under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), if any, to accomplish one or more of the following objectives:
 (1)To restore terrestrial habitat. (2)To sustain water quality, water flows, or watershed health and function.
 (3)To create, improve, or increase early seral habitat. (4)To carry out a needed timber stand improvement.
 (5)To reduce the risk or extent of insect or disease infestation. (6)To reduce wildland fire severity potential.
 (7)To implement a community wildfire protection plan. (8)To establish, recover, or maintain ecosystem resiliency.
 (b)ExclusionsThe Secretary may not carry out an ecosystem restoration project under this section on any area of National Forest System land—
 (1)that is a component of the National Wilderness Preservation System; or (2)on which removal of vegetation is prohibited by law.
						323.National restoration treatment acreage
 (a)In generalFor fiscal year 2018 and each fiscal year thereafter, the Secretary shall establish a 5-year schedule to achieve the ecosystem restoration objectives described in section 322(a).
 (b)Schedule goalsThe schedule established under subsection (a) shall— (1)by the end of the first 5-year period, result in at least a doubling of the acres subject to an ecosystem restoration project under this subtitle, as compared to the number of acres subject to an ecosystem restoration project in fiscal year 2017; and
 (2)be consistent with any applicable forest plan. (c)AssignmentNot later than 90 days after the date of enactment of this Act, and annually thereafter, the Secretary shall assign the annual acreage for restoration treatments, by National Forest System region, described in subsection (a).
 (d)PublicationAs soon as practicable after the date of each assignment of acreage for restoration treatments under subsection (c), the Secretary shall publish the acreage that will apply, by National Forest System region, on the Internet website of the Forest Service.
					324.Performance measures; annual reports
 (a)Performance measuresThe Secretary shall annually evaluate the degree to which the Secretary is achieving— (1)the purposes of this subtitle, including—
 (A)the number of acres covered by ecosystem restoration projects; (B)the number of acres treated by mechanical methods under ecosystem restoration projects;
 (C)the number of acres treated using stewardship contracts and stewardship agreements under ecosystem restoration projects;
 (D)the number of acres treated using timber sales under ecosystem restoration projects; (E)the number of acres treated by prescribed fire, mowing, and other noncommercial product producing activities under ecosystem restoration projects; and
 (F)to the extent practicable, a summary of acres receiving more than 1 type of treatment; and (2)the acreage requirements established under section 323(b)(1).
 (b)Annual reportsNot later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives—
 (1)a report that describes, with respect to the preceding year, the results of evaluations using the performance measures described in subsection (a); and
 (2)a report that describes, with respect to the preceding year— (A)the number and substance of projects that are subject to arbitration under section 314; and
 (B)the outcomes of the arbitrations under that section. CCategorical exclusions  331.DefinitionsIn this subtitle:
 (1)Catastrophic eventThe term catastrophic event means any natural disaster (such as hurricane, tornado, windstorm, snow or ice storm, rain storm, high water, wind-driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, drought, or insect or disease outbreak), or any fire, flood, or explosion, regardless of cause.
 (2)Categorical exclusionThe term categorical exclusion means an exclusion from the requirement to prepare an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) for a category of forest management activities.
 (3)Forest management activityThe term forest management activity means a project or activity carried out by the Secretary on National Forest System land, consistent with the forest plan covering that land.
 (4)Salvage operationThe term salvage operation means a forest management activity carried out in response to a catastrophic event, the primary purpose of which is—
 (A)to prevent wildfire as a result of the catastrophic event, or, if the catastrophic event was wildfire, to prevent a reburn of the fire-impacted area;
 (B)to provide an opportunity for use of forest materials damaged as a result of the catastrophic event; or
 (C)to provide a funding source for reforestation and other restoration activities for the National Forest System land impacted by the catastrophic event.
						332.Categorical exclusion to expedite certain critical response actions
 (a)In generalNot later than 1 year after the date of enactment of this Act, the Secretary shall develop a categorical exclusion (as defined in section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation)) to carry out a forest management activity on National Forest System land in any case in which at least 2 of the primary purposes of the forest management activity are—
 (1)to address an insect or disease infestation; (2)to treat land at risk of insect or disease infestation;
 (3)to reduce hazardous fuel loads; (4)to protect a municipal water source;
 (5)to maintain, enhance, or modify critical habitat to protect the habitat from catastrophic disturbances;
 (6)to increase water yield; (7)to achieve salvage operation objectives; or
 (8)any combination of the purposes specified in paragraphs (1) through (7). (b)AdministrationIn developing and administering a categorical exclusion under subsection (a), the Secretary shall—
 (1)be consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (2)apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or a successor regulation), in determining whether to use the categorical exclusion.
						333.Categorical exclusion to meet forest plan goals for early seral and early successional forests
 (a)Availability of categorical exclusionA categorical exclusion is available to the Secretary to develop and carry out a forest management activity on National Forest System land in any case in which the primary purpose of the forest management activity is modifying, improving, enhancing, or creating an early seral or early successional forest, in accordance with the applicable forest plan.
 (b)Acreage limitationsA forest management activity covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 6,000 acres.
 (c)Extraordinary circumstancesThe Secretary may apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or a successor regulation), in determining whether to use a categorical exclusion under subsection (a).
 (d)ConsistencyIn carrying out forest management activities using the categorical exclusions under subsection (a), the Secretary shall ensure that the forest management activities are consistent with the applicable forest plans.
 (e)Cumulative impactsThe Secretary shall not be required to conduct a cumulative impact analysis in an environmental document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a forest management activity carried out using a categorical exclusion made available to the Secretary under subsection (a) or any other provision of law (including regulations).
					334.Categorical exclusion to improve wildlife habitats
 (a)Availability of categorical exclusionA categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is the improvement of wildlife habitat.
 (b)Acreage limitationsA forest management activity covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 6,000 acres.
 (c)Extraordinary circumstancesThe Secretary may apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or a successor regulation), in determining whether to use a categorical exclusion under subsection (a).
 (d)ConsistencyIn carrying out forest management activities using the categorical exclusions under subsection (a), the Secretary shall ensure that the forest management activities are consistent with the applicable forest plans.
 (e)Cumulative impactsThe Secretary shall not be required to conduct a cumulative impact analysis in an environmental document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a forest management activity carried out using a categorical exclusion made available to the Secretary under subsection (a) or any other provision of law (including regulations).
					335.Categorical exclusion to thin forests
 (a)Availability of categorical exclusionA categorical exclusion is available to the Secretary to conduct a forest management activity the purpose of which is commercial thinning of forest stands on suited timberland, including—
 (1)the incidental removal of trees for landings, skid trails, and road clearing; and (2)the construction of a temporary road that is not longer than 1 mile to carry out that commercial thinning.
 (b)Acreage limitationsA forest management activity covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 6,000 acres.
 (c)Extraordinary circumstancesThe Secretary may apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or a successor regulation), in determining whether to use a categorical exclusion under subsection (a).
 (d)ConsistencyIn carrying out forest management activities using the categorical exclusions under subsection (a), the Secretary shall ensure that the forest management activities are consistent with the applicable forest plans.
 (e)Cumulative impactsThe Secretary shall not be required to conduct a cumulative impact analysis in an environmental document prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a forest management activity carried out using a categorical exclusion made available to the Secretary under subsection (a) or any other provision of law (including regulations).
					336.Expansion of categorical exclusion for insect and disease infestation
 (a)Permanent authoritySection 602(f) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(f)) is amended by striking each of fiscal years 2014 through 2024. and inserting each fiscal year..
 (b)Administrative reviewSection 603 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b) is amended— (1)in subsection (a), in the matter preceding paragraph (1), by striking described in subsection (b);
 (2)by striking subsection (b); (3)by redesignating subsections (c) through (g) as subsections (b) through (f), respectively; and
 (4)in subsection (b) (as so redesignated)— (A)in paragraph (1), by striking 3000 and inserting 6,000; and
 (B)in paragraph (2), by striking shall be in the matter preceding subparagraph (A) and all that follows through the period at the end of subparagraph (B) and inserting may be carried out in any area designated under section 602(b), including areas in Fire Regime Groups IV and V..


		VI
		109th CONGRESS
		2d Session
		S. 4099
		IN THE SENATE OF THE UNITED STATES

			December 7, 2006
			Mr. Levin introduced the
			 following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		For the relief of Perlat Binaj, Almida
		  Binaj, Erina Binaj, and Anxhela Binaj.

		1.Permanent resident status for
			 Perlat Binaj, Almida Binaj, Erina Binaj, and Anxhela Binaj
			(a)In
			 generalNotwithstanding
			 subsections (a) and (b) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151),
			 Perlat Binaj, Almida Binaj, Erina Binaj, and Anxhela Binaj shall be eligible
			 for issuance of immigrant visas or for adjustment of status to that of aliens
			 lawfully admitted for permanent residence upon filing applications for issuance
			 of immigrant visas under section 204 of such Act or for adjustment of status to
			 lawful permanent resident.
			(b)Adjustment of
			 statusIf Perlat Binaj,
			 Almida Binaj, Erina Binaj, and Anxhela Binaj enter the United States before the
			 filing deadline specified in subsection (c), Perlat Binaj, Almida Binaj, Erina
			 Binaj, and Anxhela Binaj shall be considered to have entered and remained
			 lawfully in the United States and shall be eligible for adjustment of status
			 under section 245 of the Immigration and
			 Nationality Act (8 U.S.C. 1255) as of the date of the enactment of
			 this Act.
			(c)Deadline for
			 application and payment of feesSubsections (a) and (b) shall apply only if
			 the applications for issuance of immigrant visas or the applications for
			 adjustment of status are filed with appropriate fees not later than 2 years
			 after the date of the enactment of this Act.
			(d)Reduction of
			 immigrant visa numbersUpon
			 the granting of immigrant visas or adjustment of status to that of aliens
			 lawfully admitted for permanent residence to Perlat Binaj, Almida Binaj, Erina
			 Binaj, and Anxhela Binaj, the Secretary of State shall instruct the proper
			 officer to reduce by 4, during the current or next following fiscal year, the
			 total number of immigrant visas that are made available to natives of the
			 country of the aliens’ birth under section 203(a) of the
			 Immigration and Nationality Act (8 U.S.C.
			 1153(a)) or, if applicable, the total number of immigrant visas that
			 are made available to natives of the country of the aliens’ birth under section
			 202(e) of such Act.


IB
Union Calendar No. 48
112th CONGRESS 1st Session
H. R. 1745
[Report No. 112–87, Part I]
IN THE HOUSE OF REPRESENTATIVES

May 5, 2011
Mr. Camp (for himself, Mr. Davis of Kentucky, and Mr. Berg) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on the Budget, 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

May 23, 2011
Reported from the Committee on Ways and Means with an amendment
Strike out all after the enacting clause and insert the part printed in italic

May 23, 2011
Additional sponsor: Mr. Stivers

May 23, 2011
The Committee on the Budget discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
For text of introduced bill, see copy of bill as introduced on May 5, 2011

A BILL
To improve jobs, opportunity, benefits, and services for unemployed Americans, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Jobs, Opportunity, Benefits, and Services Act of 2011 or the JOBS Act of 2011.
(b)Table of contentsThe table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.
Title I—Reforms of Unemployment Compensation to Promote Work and Job Creation
Sec. 101. Consistent job search requirements.
Sec. 102. Participation in reemployment services made a condition of benefit receipt.
Sec. 103. State flexibility to promote the reemployment of unemployed workers.
Sec. 104. Repeal of regulation requiring higher State taxes.
Sec. 105. Restore State flexibility to improve unemployment program solvency.
Sec. 106. Data standardization for improved data matching.
Sec. 107. Technical and conforming amendments.
Title II—Forward Funding of Remaining Federal Unemployment Compensation Funds
Sec. 201. Special transfers to all States.
Sec. 202. Emergency unemployment compensation transition rules.
Sec. 203. Extended benefits program transition rules.
Sec. 204. Emergency designation.
IReforms of Unemployment Compensation to Promote Work and Job Creation
101.Consistent job search requirements
(a)In generalSection 303(a) of the Social Security Act is amended by adding at the end the following:

(11)
(A)A requirement that, as a condition of eligibility for regular compensation for any week, a claimant must be able to work, available to work, and actively seeking work.
(B)For purposes of this paragraph, the term actively seeking work means, with respect to any individual, that such individual is actively engaged in a systematic and sustained effort to obtain work, as determined based on evidence (whether in electronic format or otherwise) satisfactory to the State agency charged with the administration of the State law.
(C)The specific requirements that must be met in order to satisfy this paragraph shall be established by the State agency, and shall include at least the following:
(i)Registration for employment services within 14 days after making initial application for regular compensation.
(ii)Posting a resume, record, or other application for employment on such database as the State agency may require.
(iii)Applying, in such manner as the State agency may require, for work which is similar to that previously performed by the individual, and which offers wages comparable to wages for similar work in the local labor market in which the individual resides or is actively seeking work. .
(b)Effective dateThe amendment made by subsection (a) shall apply to weeks beginning after the end of the first session of the State legislature which begins after the date of enactment of this Act.
102.Participation in reemployment services made a condition of benefit receipt
(a)Social Security ActParagraph (10) of section 303(a) of the Social Security Act is amended to read as follows:

(10)
(A)A requirement that, as a condition of eligibility for regular compensation for any week—
(i)a claimant shall meet the minimum educational requirements set forth in subparagraph (B); and
(ii)any claimant who has been referred to reemployment services shall participate in such services.
(B)For purposes of this paragraph, an individual shall not be considered to have met the minimum educational requirements of this subparagraph unless such individual—
(i)has earned a high school diploma;
(ii)has earned the General Educational Development (GED) credential or other State-recognized equivalent (including by meeting recognized alternative standards for individuals with disabilities); or
(iii)is enrolled and making satisfactory progress in classes leading to satisfaction of clause (ii).
(C)The requirements of subparagraph (B) may be waived for an individual to the extent that the State agency charged with the administration of the State law deems such requirements to be unduly burdensome in the case of such individual. .
(b)Internal Revenue Code of 1986Paragraph (8) of section 3304(a) of the Internal Revenue Code of 1986 is amended to read as follows:

(8)compensation shall not be denied to an individual for any week in which the individual is enrolled and making satisfactory progress in education or training which has been previously approved by the State agency; .
(c)Effective dateThe amendments made by this section shall apply to weeks beginning after the end of the first session of the State legislature which begins after the date of enactment of this Act.
103.State flexibility to promote the reemployment of unemployed workersTitle III of the Social Security Act (42 U.S.C. 501 and following) is amended by adding at the end the following:

305.Demonstration projects
(a)The Secretary of Labor may enter into agreements, with States submitting an application described in subsection (b), for the purpose of allowing such States to conduct demonstration projects to test and evaluate measures designed—
(1)to expedite the reemployment of individuals who establish initial eligibility for unemployment compensation under the State law of such State; or
(2)to improve the effectiveness of a State in carrying out its State law with respect to reemployment.
(b)The Governor of any State desiring to conduct a demonstration project under this section shall submit an application to the Secretary of Labor. Any such application shall, at a minimum, include—
(1)a general description of the proposed demonstration project, including the authority (under the laws of the State) for the measures to be tested, as well as the period of time during which such demonstration project would be conducted;
(2)if a waiver under subsection (c) is requested, the specific aspects of the project to which the waiver would apply and the reasons why such waiver is needed;
(3)a description of the goals and the expected programmatic outcomes of the demonstration project, including how the project would contribute to the objective described in subsection (a)(1), subsection (a)(2), or both;
(4)assurances (accompanied by supporting analysis) that the demonstration project would not result in any increased net costs to the State’s account in the Unemployment Trust Fund;
(5)a description of the manner in which the State—
(A)will conduct an impact evaluation, using a control or comparison group or other valid methodology, of the demonstration project; and
(B)will determine the extent to which the goals and outcomes described in paragraph (3) were achieved; and
(6)assurances that the State will provide any reports relating to the demonstration project, after its approval, as the Secretary of Labor may require.
(c)The Secretary of Labor may waive any of the requirements of section 3304(a)(4) of the Internal Revenue Code of 1986 or of paragraph (1) or (5) of section 303(a), to the extent and for the period the Secretary of Labor considers necessary to enable the State to carry out a demonstration project under this section.
(d)A demonstration project under this section—
(1)may be commenced any time after the date of enactment of this section; and
(2)may not be approved for a period of time greater than 3 years, subject to extension upon request of the Governor of the State involved for such additional period as the Secretary of Labor may agree to, except that in no event may a demonstration project under this section be conducted after the end of the 5-year period beginning on the date of enactment of this section.
(e)The Secretary of Labor shall, in the case of any State for which an application is submitted under subsection (b)—
(1)notify the State as to whether such application has been approved or denied within 30 days after receipt of a complete application; and
(2)provide public notice of the decision within 10 days after providing notification to the State in accordance with paragraph (1). Public notice under paragraph (2) may be provided through the Internet or other appropriate means. Any application under this section that has not been denied within such 30 days shall be deemed approved, and public notice of any approval under this sentence shall be provided within 10 days thereafter.
(f)The Secretary of Labor may terminate a demonstration project under this section if the Secretary makes a final determination that the State has violated the substantive terms or conditions of the project. .
104.Repeal of regulation requiring higher State taxes
(a)In generalSection 1202(b)(2) of the Social Security Act is amended—
(1)in subparagraph (A), by inserting and at the end;
(2)in subparagraph (B), by striking , and and inserting a period; and
(3)by striking subparagraph (C).
(b)Effective dateThe amendments made by subsection (a) shall take effect as of the date of enactment of this Act.
105.Restore State flexibility to improve unemployment program solvency
(a)In generalSubsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) is repealed.
(b)Effective dateThe amendment made by subsection (a) shall take effect as of the date of enactment of this Act.
106.Data standardization for improved data matching
(a)In generalTitle IX of the Social Security Act is amended by adding at the end the following:

911.Data standardization for improved data matching
(a)Standard data elements
(1)The Secretary of Labor, in consultation with an interagency work group established by the Office of Management and Budget, and considering State perspectives, shall, by rule, designate standard data elements for any category of information required under title III or this title.
(2)The standard data elements designated under paragraph (1) shall, to the extent practicable, be nonproprietary and interoperable.
(3)In designating standard data elements under this subsection, the Secretary of Labor shall, to the extent practicable, incorporate—
(A)interoperable standards developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget, such as the International Organization for Standardization;
(B)interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; and
(C)interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulations Council.
(b)Data standards for reporting
(1)The Secretary of Labor, in consultation with an interagency work group established by the Office of Management and Budget, and considering State government perspectives, shall, by rule, designate data reporting standards to govern the reporting required under title III or this title.
(2)The data reporting standards required by paragraph (1) shall, to the extent practicable—
(A)incorporate a widely-accepted, non-proprietary, searchable, computer-readable format;
(B)be consistent with and implement applicable accounting principles; and
(C)be capable of being continually upgraded as necessary.
(3)In designating reporting standards under this subsection, the Secretary of Labor shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Business Reporting Language. .
(b)Effective dateThe amendment made by this section shall apply after September 30, 2012 .
107.Technical and conforming amendments
(a)Use of Unemployment Compensation To Repay OverpaymentsSection 3304(a)(4)(D) of the Internal Revenue Code of 1986 and section 303(g)(1) of the Social Security Act are amended by striking may and inserting shall.
(b)Effective DateThe amendment made by subsection (a) shall apply to weeks beginning after the end of the first session of the State legislature which begins after the date of enactment of this Act.
IIForward Funding of Remaining Federal Unemployment Compensation Funds
201.Special transfers to all States
(a)Special transfers in fiscal years 2011 and 2012Section 903 of the Social Security Act is amended by adding at the end the following:

(h)Special transfers in fiscal years 2011 and 2012
(1)The Secretary of the Treasury shall transfer (as of the dates determined under paragraph (4)) from the extended unemployment compensation account to the account of each State in the Unemployment Trust Fund the amount determined with respect to such State under paragraph (2).
(2)
(A)The amount to be transferred to a State under this subsection in any fiscal year is the amount derived by multiplying the applicable total dollar amount for such fiscal year by the applicable fraction for such State.
(B)For purposes of subparagraph (A), the applicable total dollar amount is—
(i)for fiscal year 2011, $12,800,000,000; and
(ii)for fiscal year 2012, $18,200,000,000.
(C)For purposes of subparagraph (A), the applicable fraction for a State is a fraction—
(i)the numerator of which is the total amount of extended compensation and emergency unemployment compensation paid out by such State for weeks beginning in the 12-month period described in clause (ii); and
(ii)the denominator of which is the total amount of extended compensation and emergency unemployment compensation paid out by all States for weeks beginning in the most recent 12-month period for which that information is available for all States as of May 1, 2011.
(3)
(A)Except as provided in subparagraph (B), amounts transferred to a State account pursuant to this subsection shall be used only in the payment of extended compensation and emergency unemployment compensation, in accordance with applicable provisions of Federal and State law (including agreements and implementing regulations) as in effect on May 1, 2011.
(B)A State may, pursuant to specific legislation enacted by the legislative body of the State after the date of enactment of the JOBS Act of 2011, use money transferred to the State account of such State under this subsection for
(i)the payment of unemployment compensation,
(ii)the repayment of advances made to such State under section 1201 (including interest thereon), and
(iii)reemployment services designed to enhance the rapid reemployment of unemployed workers (such as mandatory workshops, claimant assessments, resume preparation and job search assistance, wage subsidy programs, eligibility reviews, labor market information, development of a work-search plan, and training), if and only if—
(I)the purposes and amounts are specified in the law;
(II)the money is withdrawn and expended, for the purpose described in clause (i), (ii), or (iii) (as the case may be), after the date of enactment of the law; and
(III)the use of the money is accounted for in accordance with standards established by the Secretary of Labor.
(4)Transfers under this subsection shall—
(A)to the extent that they relate to the amount set forth in paragraph (2)(B)(i), be made within 10 days after the date of enactment of this subsection; and
(B)to the extent that they relate to the amount set forth in paragraph (2)(B)(ii), be made after September 30, 2011, and on or before October 10, 2011. .
(b)Rule of constructionNothing in section 903(b) of the Social Security Act shall be considered to apply with respect to any transfer under section 903(h) of such Act (as amended by this section).
(c)RegulationsThe Secretary of Labor may prescribe any operating instructions or regulations necessary to carry out this section and the amendment made by this section.
202.Emergency unemployment compensation transition rules
(a)RepealSection 4003 of the Supplemental Appropriations Act, 2008 is repealed.
(b)FinancingSection 4004(e)(1) of the Supplemental Appropriations Act, 2008 is amended—
(1)in subparagraph (F), by striking and after the semicolon; and
(2)by adding after subparagraph (G) the following:

(H)the amendment made by section 201 of the Jobs, Opportunity, Benefits, and Services Act of 2011; and .
(c)Effective date of repeal
(1)In generalThe amendment made by subsection (a) shall be effective with respect to weeks ending after July 6, 2011.
(2)Rule of constructionNothing in this subsection shall be considered to affect the reimbursability of any emergency unemployment compensation paid for a week ending before July 7, 2011.
203.Extended benefits program transition rules
(a)In generalSection 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 (26 U.S.C. 3304 note), is amended—
(1)in subsection (a), by striking January 4, 2012 and inserting July 6, 2011;
(2)in subsection (b), by striking January 4, 2012 and inserting the date of enactment of the JOBS Act of 2011; and
(3)by striking subsection (c).
(b)Termination of provisions relating to temporary modification of extended benefit indicatorsSection 203 of the Federal-State Extended Unemployment Compensation Act of 1970, as amended by section 502 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Public Law 111-312; 124 Stat. 3307), is amended—
(1)in subsection (d) (in the next to last sentence), by striking December 31, 2011 and inserting June 30, 2011; and
(2)in subsection (f)(2), by striking December 31, 2011 and inserting June 30, 2011.
(c)Savings provisionIn the case of any State law which, as of the date of enactment of this Act, has been amended in conformance with the amendments made by subsection (a) or (b) of section 502 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Public Law 111-312; 124 Stat. 3307) and section 2005(a) of the Assistance for Unemployed Workers and Struggling Families Act (Public Law 111-5; 26 U.S.C. 3304 note), the amendment made by subsection (a)(1) shall be disregarded for purposes of any provision of such State law which provides for a State off indicator or which otherwise provides for the termination of an extended benefit period by reason of the cessation of full Federal funding of sharable extended compensation or sharable regular compensation.
204.Emergency designationThe budgetary effects of this Act are designated as an emergency requirement and necessary to meet emergency needs pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010.

May 23, 2011
Reported from the Committee on Ways and Means with an amendment
May 23, 2011
The Committee on the Budget discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed