- TXT
-
PDF
(PDF provides a complete and accurate display of this text.)
Tip
?
115th Congress } { Rept. 115-370
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
RESILIENT FEDERAL FORESTS ACT OF 2017
_______
October 25, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conaway, from the Committee on Agriculture, submitted the following
R E P O R T
[To accompany H.R. 2936]
[Including cost estimate of the Congressional Budget Office]
The Committee on Agriculture, to whom was referred the bill
(H.R. 2936) to expedite under the National Environmental Policy
Act of 1969 and improve forest management activities on
National Forest System lands, on public lands under the
jurisdiction of the Bureau of Land Management, and on Tribal
lands to return resilience to overgrown, fire-prone forested
lands, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Resilient Federal
Forests Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Rule of application for National Forest System lands and public
lands.
TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF
CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
Subtitle A--Analysis of Proposed Collaborative Forest Management
Activities
Sec. 101. Analysis of only two alternatives (action versus no action)
in proposed collaborative forest management activities.
Subtitle B--Categorical Exclusions
Sec. 111. Categorical exclusion to expedite certain critical response
actions.
Sec. 112. Categorical exclusion to expedite salvage operations in
response to catastrophic events.
Sec. 113. Categorical exclusion to meet forest plan goals for early
successional forests.
Sec. 114. Categorical exclusion for road side projects.
Sec. 115. Categorical exclusion to improve or restore National Forest
System Lands or public land or reduce the risk of wildfire.
Subtitle C--General Provisions for Forest Management Activities
Sec. 121. Compliance with forest plans.
Sec. 122. Consultation under the National Historic Preservation Act.
Sec. 123. Consultation under the Endangered Species Act.
Sec. 124. Forest management activities considered non-discretionary
actions.
TITLE II--SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS
Sec. 201. Expedited salvage operations and reforestation activities
following large-scale catastrophic events.
Sec. 202. Compliance with forest plan.
Sec. 203. Prohibition on restraining orders, preliminary injunctions,
and injunctions pending appeal.
TITLE III--FOREST MANAGEMENT LITIGATION
Subtitle A--General Litigation Provisions
Sec. 301. No attorney fees for forest management activity challenges.
Sec. 302. Injunctive relief.
Subtitle B--Forest Management Activity Arbitration Pilot Program
Sec. 311. Use of arbitration instead of litigation to address
challenges to forest management activities.
TITLE IV--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT
AMENDMENTS
Sec. 401. Use of reserved funds for title II projects on Federal land
and certain non-Federal land.
Sec. 402. Resource advisory committees.
Sec. 403. Program for title II self-sustaining resource advisory
committee projects.
Sec. 404. Additional authorized use of reserved funds for title III
county projects.
Sec. 405. Treatment as supplemental funding.
TITLE V--STEWARDSHIP END RESULT CONTRACTING
Sec. 501. Cancellation ceilings for stewardship end result contracting
projects.
Sec. 502. Excess offset value.
Sec. 503. Payment of portion of stewardship project revenues to county
in which stewardship project occurs.
Sec. 504. Submission of existing annual report.
Sec. 505. Fire liability provision.
Sec. 506. Extension of stewardship contracting maximum term limits.
TITLE VI--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES
Sec. 601. Definitions.
Sec. 602. Availability of stewardship project revenues and
Collaborative Forest Landscape Restoration Fund to cover forest
management activity planning costs.
Sec. 603. State-supported planning of forest management activities.
TITLE VII--TRIBAL FORESTRY PARTICIPATION AND PROTECTION
Sec. 701. Protection of Tribal forest assets through use of stewardship
end result contracting and other authorities.
Sec. 702. Management of Indian forest land authorized to include
related National Forest System lands and public lands.
Sec. 703. Tribal forest management demonstration project.
Sec. 704. Rule of application.
TITLE VIII-- EXPEDITING INTERAGENCY CONSULTATION
Subtitle A--Forest Plans Not Considered Major Federal Actions
Sec. 801. Forest plans not considered major Federal actions.
Subtitle B--Agency Consultation
Sec. 811. Consultation under Forest and Rangeland Renewable Resources
Planning Act of 1974.
Sec. 812. Consultation under Federal Land Policy and Management Act of
1976.
TITLE IX--MISCELLANEOUS
Subtitle A--Forest Management Provisions
Sec. 901. Clarification of existing categorical exclusion authority
related to insect and disease infestation.
Sec. 902. Revision of alternate consultation agreement regulations.
Sec. 903. Revision of extraordinary circumstances regulations.
Sec. 904. Conditions on Forest Service road decommissioning.
Sec. 905. Prohibition on application of Eastside Screens requirements
on National Forest System lands.
Sec. 906. Use of site-specific forest plan amendments for certain
projects and activities.
Sec. 907. Knutson-Vandenberg Act modifications.
Sec. 908. Application of Northwest Forest Plan Survey and Manage
Mitigation Measure Standard and Guidelines.
Sec. 909. Reconstruction and repair included in good neighbor
agreements.
Sec. 910. Logging and mechanized operations.
Subtitle B--Oregon and California Railroad Grant Lands and Coos Bay
Wagon Road Grant Lands
Sec. 911. Amendments to the Act of August 28, 1937.
Sec. 912. Oregon and California Railroad Grant Lands and Coos Bay Wagon
Road Grant lands permanent rights of access.
Sec. 913. Management of Bureau of Land Management lands in Western
Oregon.
Subtitle C--Timber Innovation
Sec. 921. Definitions.
Sec. 922. Clarification of research and development program for wood
building construction.
TITLE X--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
Sec. 1001. Wildfire on Federal lands.
Sec. 1002. Declaration of a major disaster for wildfire on Federal
lands.
Sec. 1003. Prohibition on transfers.
SEC. 2. DEFINITIONS.
In titles I through IX:
(1) Catastrophic event.--The 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) Collaborative process.--The term ``collaborative
process'' refers to a process relating to the management of
National Forest System lands or public lands by which a project
or forest management activity is developed and implemented by
the Secretary concerned through collaboration with interested
persons, as described in section 603(b)(1)(C) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C)).
(3) Community wildfire protection plan.--The term ``community
wildfire protection plan'' has the meaning given that term in
section 101 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6511).
(4) Coos bay wagon road grant lands.--The term ``Coos Bay
Wagon Road Grant lands'' means the lands reconveyed to the
United States pursuant to the first section of the Act of
February 26, 1919 (40 Stat. 1179).
(5) 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 the lands.
(6) 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).
(7) Large-scale catastrophic event.--The term ``large-scale
catastrophic event'' means a catastrophic event that adversely
impacts at least 5,000 acres of reasonably contiguous National
Forest System lands or public lands, as determined by the
Secretary concerned.
(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)).
(9) Oregon and california railroad grant lands.--The term
``Oregon and California Railroad Grant lands'' means the
following lands:
(A) All lands in the State of Oregon revested in the
United States under the Act of June 9, 1916 (39 Stat.
218), that are administered by the Secretary of the
Interior, acting through the Bureau of Land Management,
pursuant to the first section of the Act of August 28,
1937 (43 U.S.C. 1181a).
(B) All lands in that State obtained by the Secretary
of the Interior pursuant to the land exchanges
authorized and directed by section 2 of the Act of June
24, 1954 (43 U.S.C. 1181h).
(C) All lands in that State acquired by the United
States at any time and made subject to the provisions
of title II of the Act of August 28, 1937 (43 U.S.C.
1181f).
(10) 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.
(11) Reforestation activity.--The term ``reforestation
activity'' means a project or forest management activity
carried out by the Secretary concerned whose primary purpose is
the reforestation of impacted lands following a large-scale
catastrophic event. The term includes planting, evaluating and
enhancing natural regeneration, clearing competing vegetation,
and other activities related to reestablishment of forest
species on the impacted lands.
(12) Resource advisory committee.--The term ``resource
advisory committee'' has the meaning given that term in section
201 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7121).
(13) Salvage operation.--The term ``salvage operation'' means
a forest management activity and restoration activities carried
out in response to a catastrophic event where the primary
purpose is--
(A) to prevent wildfire as a result of the
catastrophic event, or, if the catastrophic event was
wildfire, to prevent a re-burn of the fire-impacted
area;
(B) to provide an opportunity for utilization 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 lands or public lands impacted by the
catastrophic event.
(14) 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.
SEC. 3. RULE OF APPLICATION FOR NATIONAL FOREST SYSTEM LANDS AND PUBLIC
LANDS.
Unless specifically provided by a provision of titles I through IX,
the authorities provided by such titles 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.
TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF
CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
Subtitle A--Analysis of Proposed Collaborative Forest Management
Activities
SEC. 101. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION VERSUS NO ACTION)
IN PROPOSED COLLABORATIVE FOREST MANAGEMENT
ACTIVITIES.
(a) Application to Certain Environmental Assessments and
Environmental Impact Statements.--This section shall apply whenever the
Secretary concerned prepares an environmental assessment or an
environmental impact statement pursuant to section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) for a forest
management activity that--
(1) is developed through a collaborative process;
(2) is proposed by a resource advisory committee;
(3) will occur on lands identified by the Secretary concerned
as suitable for timber production;
(4) will occur on lands designated by the Secretary (or
designee thereof) pursuant to section 602(b) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591a(b)),
notwithstanding whether such forest management activity is
initiated prior to September 30, 2018; or
(5) is covered by a community wildfire protection plan.
(b) Consideration of Alternatives.--In an environmental assessment or
environmental impact statement described in subsection (a), the
Secretary concerned shall study, develop, and describe only the
following two alternatives:
(1) The forest management activity.
(2) The alternative of no action.
(c) Elements of No Action Alternative.--In the case of the
alternative of no action, the Secretary concerned shall consider
whether to evaluate--
(1) the effect of no action on--
(A) forest health;
(B) habitat diversity;
(C) wildfire potential;
(D) insect and disease potential; and
(E) timber production; and
(2) the implications of a resulting decline in forest health,
loss of habitat diversity, wildfire, or insect or disease
infestation, given fire and insect and disease historic cycles,
on--
(A) domestic water supply in the project area;
(B) wildlife habitat loss; and
(C) other economic and social factors.
Subtitle B--Categorical Exclusions
SEC. 111. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE
ACTIONS.
(a) Categorical Exclusion Established.--Forest management activities
described in subsection (b) 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) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated under this
section for a categorical exclusion are forest management activities
carried out by the Secretary concerned on National Forest System lands
or public lands where the primary purpose of such activity is--
(1) to address an insect or disease infestation;
(2) to reduce hazardous fuel loads;
(3) to protect a municipal water source;
(4) to maintain, enhance, or modify critical habitat to
protect it from catastrophic disturbances;
(5) to increase water yield;
(6) produce timber; or
(7) any combination of the purposes specified in paragraphs
(1) through (6).
(c) 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.
(d) Acreage Limitations.--
(1) In general.--Except in the case of a forest management
activity described in paragraph (2), a forest management
activity covered by the categorical exclusion established under
subsection (a) may not contain treatment units exceeding a
total of 10,000 acres.
(2) Larger areas authorized.--A forest management activity
covered by the categorical exclusion established under
subsection (a) may contain treatment units exceeding a total of
10,000 acres but not more than a total of 30,000 acres if the
forest management activity--
(A) is developed through a collaborative process;
(B) is proposed by a resource advisory committee; or
(C) is covered by a community wildfire protection
plan.
SEC. 112. 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. 113. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR EARLY
SUCCESSIONAL FORESTS.
(a) Categorical Exclusion Established.--Forest management activities
described in subsection (b) 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) Forest Management Activities Designated for Categorical
Exclusion.--The forest management activities designated under this
section for a categorical exclusion are forest management activities
carried out by the Secretary concerned on National Forest System lands
or public lands where the primary purpose of such activity is to
modify, improve, enhance, or create early successional forests for
wildlife habitat improvement and other purposes, consistent with the
applicable forest plan.
(c) 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.
(d) Project Goals.--To the maximum extent practicable, the Secretary
concerned shall design a forest management activity under this section
to meet early successional forest goals in such a manner so as to
maximize production and regeneration of priority species, as identified
in the forest plan and consistent with the capability of the activity
site.
(e) Acreage Limitations.--A forest management activity covered by the
categorical exclusion established under subsection (a) may not contain
treatment units exceeding a total of 10,000 acres.
SEC. 114. CATEGORICAL EXCLUSION FOR ROAD SIDE PROJECTS.
(a) Categorical Exclusion Established.--Projects carried out by the
Secretary concerned to remove hazard trees or to salvage timber for
purposes of the protection of public health or safety, water supply, or
public infrastructure 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) Healthy Forests Restoration Act Requirements.--
(1) Administrative review.--A project that is categorically
excluded under this section shall be subject to the
requirements of subsections (d), (e), and (f) of section 603 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591).
(2) Hazardous fuel reduction on federal land.--A project that
is categorically excluded under this section shall be subject
to the requirements of sections 102, 104, 105, and 106 of title
I of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6511 et seq.).
SEC. 115. CATEGORICAL EXCLUSION TO IMPROVE OR RESTORE NATIONAL FOREST
SYSTEM LANDS OR PUBLIC LAND OR REDUCE THE RISK OF
WILDFIRE.
(a) Categorical Exclusion Established.--Forest management activities
described in subsection (b) 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) Forest Management Activities Designated for Categorical
Exclusion.--
(1) Designation.--The forest management activities designated
under this section for a categorical exclusion are forest
management activities described in paragraph (2) that are
carried out by the Secretary concerned on National Forest
System Lands or public lands where the primary purpose of such
activity is to improve or restore such lands or reduce the risk
of wildfire on those lands.
(2) Activities authorized.--The follow activities may be
carried out pursuant to the categorical exclusion established
under subsection (a):
(A) Removal of juniper trees, medusahead rye, conifer
trees, pinon pine trees, cheatgrass, and other noxious
or invasive weeds specified on Federal or State noxious
weeds lists through late-season livestock grazing,
targeted livestock grazing, prescribed burns, and
mechanical treatments.
(B) Performance of hazardous fuels management.
(C) Creation of fuel and fire breaks.
(D) Modification of existing fences in order to
distribute livestock and help improve wildlife habitat.
(E) Installation of erosion control devices.
(F) Construction of new and maintenance of permanent
infrastructure, including stock ponds, water
catchments, and water spring boxes used to benefit
livestock and improve wildlife habitat.
(G) Performance of soil treatments, native and non-
native seeding, and planting of and transplanting
sagebrush, grass, forb, shrub, and other species.
(H) Use of herbicides, so long as the Secretary
concerned determines that the activity is otherwise
conducted consistently with agency procedures,
including any forest plan applicable to the area
covered by the activity.
(c) 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.
(d) Acreage Limitations.--A forest management activity covered by the
categorical exclusion established under subsection (a) may not exceed
10,000 acres.
(e) Definitions.--In this section:
(1) Hazardous fuels management.--The term ``hazardous fuels
management'' means any vegetation management activities that
reduce the risk of wildfire.
(2) Late-season grazing.--The term ``late-season grazing''
means grazing activities that occur after both the invasive
species and native perennial species have completed their
current-year annual growth cycle until new plant growth begins
to appear in the following year.
(3) Targeted livestock grazing.--The term ``targeted
livestock grazing'' means grazing used for purposes of
hazardous fuel reduction.
Subtitle C--General Provisions for Forest Management Activities
SEC. 121. COMPLIANCE WITH FOREST PLANS.
A forest management activity carried out pursuant to this Act shall
be conducted in a manner consistent with the forest plan applicable to
the National Forest System land or public lands covered by the forest
management activity.
SEC. 122. CONSULTATION UNDER THE NATIONAL HISTORIC PRESERVATION ACT.
(a) Effect of Undertaking on Historic Property.--With respect to a
forest management activity carried out pursuant to this Act, in taking
into account the effect of a Federal undertaking on any historic
property under section 306108 of title 54, United States Code, the
Secretary concerned may, without consultation with the State Historic
Preservation Officer, Tribal Historic Preservation Officer, or any
other entity--
(1) conduct a phased identification and evaluation under
section 800.4(b)(2) of title 36, Code of Federal Regulations,
or successor regulation; and
(2) with respect to the phased identification and evaluation
described in paragraph (1), apply the criteria of adverse
effect consistent with phased identification and evaluation
under section 800.5(a)(3) of title 36, Code of Federal
Regulations, or successor regulation.
(b) Expedited Consultation.--
(1) In general.--In the case of a forest management activity
carried out pursuant to this Act that is not the subject of a
phased identification and evaluation under subsection (a),
consultation under section 106 of the National Historic
Preservation Act (54 U.S.C. 306108) shall be concluded within
the 90-day period beginning on the date on which such
consultation was requested by the Secretary concerned.
(2) No conclusion.--In the case of a consultation described
in paragraph (1) that is not concluded within the 90-day
period, the forest management activity for which such
consultation was initiated--
(A) shall be considered to have not violated section
106 of the National Historic Preservation Act (54
U.S.C. 306108); and
(B) may be carried out.
SEC. 123. CONSULTATION UNDER THE ENDANGERED SPECIES ACT.
(a) No Consultation if Action Not Likely To Adversely Affect a Listed
Species or Designated Critical Habitat.--With respect to a forest
management activity carried out pursuant to this Act, consultation
under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536)
shall not be required if the Secretary concerned determines that the
such forest management activity is not likely to adversely affect a
listed species or designated critical habitat.
(b) Expedited Consultation.--
(1) In general.--With respect to a forest management activity
carried out pursuant to this Act, consultation required under
section 7 of the Endangered Species Act of 1973 (16 U.S.C.
1536) shall be concluded within the 90-day period beginning on
the date on which such consultation was requested by the
Secretary concerned.
(2) No conclusion.--In the case of a consultation described
in paragraph (1) that is not concluded within the 90-day
period, the forest management activity for which such
consultation was initiated--
(A) shall be considered to have not violated section
7 of the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(2)); and
(B) may be carried out.
SEC. 124. FOREST MANAGEMENT ACTIVITIES CONSIDERED NON-DISCRETIONARY
ACTIONS.
For purposes of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), a forest management activity carried out by the Secretary
concerned pursuant to this Act shall be considered a non-discretionary
action.
TITLE II--SALVAGE AND REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS
SEC. 201. 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 title.
(d) Timeline for Public Input Process.--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 30 days for public scoping and
comment, 15 days for filing an objection, and 15 days for the agency
response to the filing of an objection. Upon completion of this process
and expiration of the period specified in subsection (a), the Secretary
concerned shall implement the project immediately.
SEC. 202. COMPLIANCE WITH FOREST PLAN.
A salvage operation or reforestation activity authorized by this
title 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. 203. 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.
Section 705 of title 5, United States Code, shall not apply to any
challenge to the salvage operation or reforestation activity.
TITLE III--FOREST MANAGEMENT LITIGATION
Subtitle A--General Litigation Provisions
SEC. 301. NO ATTORNEY FEES FOR FOREST MANAGEMENT ACTIVITY CHALLENGES.
Notwithstanding section 1304 of title 31, United States Code, no
award may be made under section 2412 of title 28, United States Code,
and no amounts may be obligated or expended from the Claims and
Judgment Fund of the United States Treasury to pay any fees or other
expenses under such sections to any plaintiff related to an action
challenging a forest management activity carried out pursuant to this
Act.
SEC. 302. INJUNCTIVE RELIEF.
(a) Balancing Short- and Long-Term Effects of Forest Management
Activities in Considering Injunctive Relief.--As part of its weighing
the equities while considering any request for an injunction that
applies to any agency action as part of a forest management activity
under titles I through IX, the court reviewing the agency action shall
balance the impact to the ecosystem likely affected by the forest
management activity of--
(1) the short- and long-term effects of undertaking the
agency action; against
(2) the short- and long-term effects of not undertaking the
action.
(b) Time Limitations for Injunctive Relief.--
(1) In general.--Subject to paragraph (2) the length of any
preliminary injunctive relief and stays pending appeal that
applies to any agency action as part of a forest management
activity under titles I through IX, shall not exceed 60 days.
(2) Renewal.--
(A) In general.--A court of competent jurisdiction
may issue one or more renewals of any preliminary
injunction, or stay pending appeal, granted under
paragraph (1).
(B) Updates.--In each renewal of an injunction in an
action, the parties to the action shall present the
court with updated information on the status of the
authorized forest management activity.
Subtitle B--Forest Management Activity Arbitration Pilot Program
SEC. 311. USE OF ARBITRATION INSTEAD OF LITIGATION TO ADDRESS
CHALLENGES TO FOREST MANAGEMENT ACTIVITIES.
(a) Discretionary Arbitration Process Pilot Program.--
(1) In general.--The Secretary of Agriculture, with respect
to National Forest System lands, and the Secretary of the
Interior, with respect to public lands, shall each establish a
discretionary arbitration pilot program as an alternative
dispute resolution process in lieu of judicial review for the
activities described in paragraph (2).
(2) Activities described.--The Secretary concerned, at the
sole discretion of the Secretary, may designate objections or
protests to forest management activities for arbitration under
the arbitration pilot program established under paragraph (1).
(3) Maximum amount of arbitrations.--Under the arbitration
pilot program, the Secretary concerned may not arbitrate more
than 10 objections or protests to forest management activities
in a fiscal year in--
(A) each Forest Service Region; and
(B) each State Region of the Bureau of Land
Management.
(4) Determining amount of arbitrations.--An objection or
protest to a forest management activity shall not be counted
towards the limitation on number of arbitrations under
paragraph (3) unless--
(A) on the date such objection or protest is
designated for arbitration, the forest management
activity for which such objection or protest is filed
has not been the subject of arbitration proceedings
under the pilot program; and
(B) the arbitration proceeding has commenced with
respect to such objection or protest.
(5) Termination.--The pilot programs established pursuant to
paragraph (1) shall terminate on the date that is 7 years after
the date of the enactment of this Act.
(b) Intervening Parties.--
(1) Requirements.--Any person that submitted a public comment
on the forest management activity that is subject to
arbitration may intervene in the arbitration--
(A) by endorsing--
(i) the forest management activity; or
(ii) the modification proposal submitted
under subparagraph (B); or
(B) by submitting a proposal to further modify the
forest management activity.
(2) Deadline for submission.--With respect to an objection or
protest that is designated for arbitration under this
subsection (a), a request to intervene in an arbitration must
be submitted not later than the date that is 30 days after the
date on which such objection or protest was designated for
arbitration.
(3) Multiple parties.--Multiple intervening parties may
submit a joint proposal so long as each intervening party meets
the eligibility requirements of paragraph (1).
(c) Appointment of Arbitrator.--
(1) Appointment.--The Secretary of Agriculture and the
Secretary of the Interior shall jointly develop and publish a
list of not fewer than 20 individuals eligible to serve as
arbitrators for the pilot programs under this section.
(2) Qualifications.--In order to be eligible to serve as an
arbitrator under this subsection, an individual shall be, on
the date of the appointment of such arbitrator--
(A) certified by the American Arbitration
Association; and
(B) not a registered lobbyist.
(3) Selection of arbitrator.--
(A) In general.--For each arbitration commenced under
this section, the Secretary concerned and each
applicable objector or protestor shall agree, not later
than 14 days after the agreement process is initiated,
on a mutually acceptable arbitrator from the list
published under subsection.
(B) Appointment after 14-days.--In the case of an
agreement with respect to a mutually acceptable
arbitrator not being reached within the 14-day limit
described in subparagraph (A), the Secretary concerned
shall appoint an arbitrator from the list published
under this subsection.
(d) Selection of Proposals.--
(1) In general.--The arbitrator appointed under subsection
(c)--
(A) may not modify any of the proposals submitted
with the objection, protest, or request to intervene;
and
(B) shall select to be conducted--
(i) the forest management activity, as
approved by the Secretary; or
(ii) a proposal submitted by an objector or
an intervening party.
(2) Selection criteria.--An arbitrator shall, when selecting
a proposal, consider--
(A) whether the proposal is consistent with the
applicable forest plan, laws, and regulations;
(B) whether the proposal can be carried out by the
Secretary concerned; and
(C) the effect of each proposal on--
(i) forest health;
(ii) habitat diversity;
(iii) wildfire potential;
(iv) insect and disease potential;
(v) timber production; and
(vi) the implications of a resulting decline
in forest health, loss of habitat diversity,
wildfire, or insect or disease infestation,
given fire and insect and disease historic
cycles, on--
(I) domestic water costs;
(II) wildlife habitat loss; and
(III) other economic and social
factors.
(e) Effect of Decision.--The decision of an arbitrator with respect
to the forest management activity--
(1) shall not be considered 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.
(f) Deadline for Completion.--Not later than 90 days after the date
on which the arbitration is filed with respect to the forest management
activity, the arbitration process shall be completed.
TITLE IV--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT
AMENDMENTS
SEC. 401. USE OF RESERVED FUNDS FOR TITLE II PROJECTS ON FEDERAL LAND
AND CERTAIN NON-FEDERAL LAND.
(a) Repeal of Merchantable Timber Contracting Pilot Program.--Section
204(e) of the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7124(e)) is amended by striking paragraph (3).
(b) Requirements for Project Funds.--Section 204(f) of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7124(f)) is amended to read as follows:
``(f) Requirements for Project Funds.--
``(1) In general.--Subject to paragraph (2), the Secretary
concerned shall ensure that at least 50 percent of the project
funds reserved by a participating county under section 102(d)
shall be available only for projects that--
``(A) include the sale of timber or other forest
products, reduce fire risks, or improve water supplies;
and
``(B) implement stewardship objectives that enhance
forest ecosystems or restore and improve land health
and water quality.
``(2) Applicability.--The requirement in paragraph (1) shall
apply only to project funds reserved by a participating county
whose boundaries include Federal land that the Secretary
concerned determines has been subject to a timber or other
forest products program within 5 fiscal years before the fiscal
year in which the funds are reserved.''.
SEC. 402. RESOURCE ADVISORY COMMITTEES.
(a) Recognition of Resource Advisory Committees.--Section 205(a)(4)
of the Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012'' each place
it appears and inserting ``2022''.
(b) Reduction in Composition of Committees.--Section 205(d) of the
Secure Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7125(d)) is amended--
(1) in paragraph (1), by striking ``15 members'' and
inserting ``9 members''; and
(2) by striking ``5 persons'' each place it appears and
inserting ``3 persons''.
(c) Expanding Local Participation on Committees.--Section 205(d) of
the Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7125(d)) is amended--
(1) in paragraph (3), by inserting before the period at the
end the following: ``, consistent with the requirements of
paragraph (4)''; and
(2) by striking paragraph (4) and inserting the following new
paragraph:
``(4) Geographic distribution.--The members of a resource
advisory committee shall reside within the county or counties
in which the committee has jurisdiction or an adjacent
county.''.
(d) Appointment of Resource Advisory Committees by Applicable
Designee.--
(1) In general.--Section 205 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7125) is
further amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``(or
applicable designee)'' after ``The Secretary
concerned'';
(ii) in paragraph (3), by inserting ``(or
applicable designee)'' after ``the Secretary
concerned''; and
(iii) in paragraph (4), by inserting ``(or
applicable designee)'' after ``the Secretary
concerned'' both places it appears;
(B) in subsection (b)(6), by inserting ``(or
applicable designee)'' after ``the Secretary
concerned'';
(C) in subsection (c)--
(i) in the subsection heading, by inserting
``or Applicable Designee'' after ``by the
Secretary'';
(ii) in paragraph (1), by inserting ``(or
applicable designee)'' after ``The Secretary
concerned'' both places it appears;
(iii) in paragraph (2), by inserting ``(or
applicable designee)'' after ``The Secretary
concerned'';
(iv) in paragraph (4), by inserting ``(or
applicable designee)'' after ``The Secretary
concerned''; and
(v) by adding at the end the following new
paragraph:
``(6) Applicable designee.--In this section, the term
`applicable designee' means--
``(A) with respect to Federal land described in
section 3(7)(A), the applicable Regional Forester; and
``(B) with respect to Federal land described in
section 3(7)(B), the applicable Bureau of Land
Management State Director.'';
(D) in subsection (d)(3), by inserting ``(or
applicable designee)'' after ``the Secretary
concerned''; and
(E) in subsection (f)(1)--
(i) by inserting ``(or applicable designee)''
after ``the Secretary concerned''; and
(ii) by inserting ``(or applicable
designee)'' after ``of the Secretary''.
(2) Conforming amendment.--Section 201(3) of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7121(3)) is amended by inserting ``(or applicable designee (as
defined in section 205(c)(6)))'' after ``Secretary concerned''
both places it appears.
SEC. 403. PROGRAM FOR TITLE II SELF-SUSTAINING RESOURCE ADVISORY
COMMITTEE PROJECTS.
(a) Self-Sustaining Resource Advisory Committee Projects.--Title II
of the Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7121 et seq.) is amended by adding at the end the
following new section:
``SEC. 209. PROGRAM FOR SELF-SUSTAINING RESOURCE ADVISORY COMMITTEE
PROJECTS.
``(a) RAC Program.--The Chief of the Forest Service shall conduct a
program (to be known as the `self-sustaining resource advisory
committee program' or `RAC program') under which 10 resource advisory
committees will propose projects authorized by subsection (c) to be
carried out using project funds reserved by a participating county
under section 102(d).
``(b) Selection of Participating Resource Advisory Committees.--The
selection of resource advisory committees to participate in the RAC
program is in the sole discretion of the Chief of the Forest Service.
``(c) Authorized Projects.--Notwithstanding the project purposes
specified in sections 202(b), 203(c), and 204(a)(5), projects under the
RAC program are intended to--
``(1) accomplish forest management objectives or support
community development; and
``(2) generate receipts.
``(d) Deposit and Availability of Revenues.--Any revenue generated by
a project conducted under the RAC program, including any interest
accrued from the revenues, shall be--
``(1) deposited in the special account in the Treasury
established under section 102(d)(2)(A); and
``(2) available, in such amounts as may be provided in
advance in appropriation Acts, for additional projects under
the RAC program.
``(e) Termination of Authority.--
``(1) In general.--The authority to initiate a project under
the RAC program shall terminate on September 30, 2022.
``(2) Deposits in treasury.--Any funds available for projects
under the RAC program and not obligated by September 30, 2023,
shall be deposited in the Treasury of the United States.''.
(b) Exception to General Rule Regarding Treatment of Receipts.--
Section 403(b) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7153(b)) is amended by striking
``All revenues'' and inserting ``Except as provided in section 209, all
revenues''.
SEC. 404. ADDITIONAL AUTHORIZED USE OF RESERVED FUNDS FOR TITLE III
COUNTY PROJECTS.
Section 302(a) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7142(a)) is amended--
(1) in paragraph (2)--
(A) by inserting ``and law enforcement patrols''
after ``including firefighting''; and
(B) by striking ``and'' at the end;
(2) in paragraph (3), by inserting ``and carry out'' after
``develop'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) to cover training costs and equipment purchases
directly related to the emergency services described in
paragraph (2); and''.
SEC. 405. TREATMENT AS SUPPLEMENTAL FUNDING.
(a) In General.--Section 102 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7112) is amended by
adding at the end the following new subsection:
``(f) Treatment as Supplemental Funding.--None of the funds made
available to a beneficiary county 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.''.
(b) Continuation of Direct Payments.--Payments to States made under
the Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7101 et seq.) and 25-percent payments made to States and
Territories under the Acts of May 23, 1908, and March 1, 1911 (16
U.S.C. 500), shall continue to be made as direct payments.
TITLE V--STEWARDSHIP END RESULT CONTRACTING
SEC. 501. CANCELLATION CEILINGS FOR STEWARDSHIP END RESULT CONTRACTING
PROJECTS.
(a) Cancellation Ceilings.--Section 604 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591c) is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Cancellation Ceilings.--
``(1) In general.--Notwithstanding section 3903(b)(1) of
title 41, United States Code, the Chief and the Director may
obligate funds in stages that are economically or
programmatically viable to cover any potential cancellation or
termination costs for an agreement or contract under subsection
(b) in stages that are economically or programmatically viable.
``(2) Advance notice to congress of cancellation ceiling in
excess of $25 million.--Not later than 30 days before entering
into a multiyear agreement or contract under subsection (b)
that includes a cancellation ceiling in excess of $25 million,
but does not include proposed funding for the costs of
cancelling the agreement or contract up to such cancellation
ceiling, the Chief or the Director, as the case may be, shall
submit to the Committee on Energy and Natural Resources and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
and the Committee on Natural Resources and the Committee on
Agriculture of the House of Representatives a written notice
that includes--
``(A) the cancellation ceiling amounts proposed for
each program year in the agreement or contract;
``(B) the reasons why such cancellation ceiling
amounts were selected;
``(C) the extent to which the costs of contract
cancellation are not included in the budget for the
agreement or contract; and
``(D) an assessment of the financial risk of not
including budgeting for the costs of agreement or
contract cancellation.
``(3) Transmittal of notice to omb.--Not later than 14 days
after the date on which written notice is provided under
paragraph (2) with respect to an agreement or contract under
subsection (b), the Chief or the Director, as the case may be,
shall transmit a copy of the notice to the Director of the
Office of Management and Budget.''.
(b) Relation to Other Laws.--Section 604(d)(5) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591c(d)(5)) is amended--
(1) by striking ``, the Chief may'' and inserting ``and
section 2(a)(1) of the Act of July 31, 1947 (commonly known as
the Materials Act of 1947; 30 U.S.C. 602(a)(1)), the Chief and
the Director may''; and
(2) by striking the last sentence.
SEC. 502. EXCESS OFFSET VALUE.
Section 604(g)(2) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c(g)(2)) is amended by striking subparagraphs (A) and (B)
and inserting the following new subparagraphs:
``(A) use the excess to satisfy any outstanding
liabilities for cancelled agreements or contracts; or
``(B) if there are no outstanding liabilities under
subparagraph (A), apply the excess to other authorized
stewardship projects.''.
SEC. 503. 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--
(1) in paragraph (2)(B), by inserting ``subject to paragraph
(3)(A),'' before ``shall''; and
(2) in paragraph (3)(A), by striking ``services received by
the Chief or the Director'' and all that follows through the
period at the end and inserting the following: ``services and
in-kind resources received by the Chief or the Director under a
stewardship contract project conducted under this section shall
not be considered monies received from the National Forest
System or the public lands, but any payments made by the
contractor to the Chief or Director under the project shall be
considered monies received from the National Forest System or
the public lands.''.
SEC. 504. SUBMISSION OF EXISTING ANNUAL REPORT.
Subsection (j) of section 604 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6591c), as redesignated by section 501(a)(1), is
amended by striking ``report to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on Agriculture
of the House of Representatives'' and inserting ``submit to the
congressional committees specified in subsection (h)(2) a report''.
SEC. 505. FIRE LIABILITY PROVISION.
Section 604(d) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c(d)) is amended by adding at the end the following new
paragraph:
``(8) Modification.--Upon the request of the contractor, a
contract or agreement under this section awarded before
February 7, 2014, shall be modified by the Chief or Director to
include the fire liability provisions described in paragraph
(7).''.
SEC. 506. EXTENSION OF STEWARDSHIP CONTRACTING MAXIMUM TERM LIMITS.
(a) Health Forests Restoration Act.--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''.
(b) National Forest Management Act.--Section 14(c) of the National
Forest Management Act of 1976 (16 U.S.C. 472a(c)) is amended by
striking ``ten years'' and inserting ``20 years''.
TITLE VI--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES
SEC. 601. DEFINITIONS.
In this title:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State or political subdivision of a State
containing National Forest System lands or public
lands;
(B) a publicly chartered utility serving one or more
States or a political subdivision thereof;
(C) a rural electric company; and
(D) any other entity determined by the Secretary
concerned to be appropriate for participation in the
Fund.
(2) Fund.--The term ``Fund'' means the State-Supported Forest
Management Fund established by section 603.
SEC. 602. AVAILABILITY OF STEWARDSHIP PROJECT REVENUES AND
COLLABORATIVE FOREST LANDSCAPE RESTORATION FUND TO
COVER FOREST MANAGEMENT ACTIVITY PLANNING COSTS.
(a) Availability of Stewardship Project Revenues.--Section
604(e)(2)(B) of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591c(e)(2)(B)), as amended by section 503, is further amended by
striking ``appropriation at the project site from which the monies are
collected or at another project site.'' and inserting the following:
``appropriation--
``(i) at the project site from which the
monies are collected or at another project
site; and
``(ii) to cover not more than 25 percent of
the cost of planning additional stewardship
contracting projects.''.
(b) Availability of Collaborative Forest Landscape Restoration
Fund.--Section 4003(f)(1) of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 7303(f)(1)) is amended by striking ``carrying out and''
and inserting ``planning, carrying out, and''.
SEC. 603. STATE-SUPPORTED PLANNING OF FOREST MANAGEMENT ACTIVITIES.
(a) State-Supported Forest Management Fund.--There is established in
the Treasury of the United States a fund, to be known as the ``State-
Supported Forest Management Fund'', to cover the cost of planning
(especially related to compliance with section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332)), carrying out, and
monitoring certain forest management activities on National Forest
System lands or public lands.
(b) Contents.--The State-Supported Forest Management Fund shall
consist of such amounts as may be--
(1) contributed by an eligible entity for deposit in the
Fund;
(2) appropriated to the Fund; or
(3) generated by forest management activities carried out
using amounts in the Fund.
(c) Geographical and Use Limitations.--In making a contribution under
subsection (b)(1), an eligible entity may--
(1) specify the National Forest System lands or public lands
for which the contribution may be expended; and
(2) limit the types of forest management activities for which
the contribution may be expended.
(d) Authorized Forest Management Activities.--In such amounts as may
be provided in advance in appropriation Acts, the Secretary concerned
may use the Fund to plan, carry out, and monitor a forest management
activity that--
(1) is developed through a collaborative process;
(2) is proposed by a resource advisory committee;
(3) is covered by a community wildfire protection plan.
(e) Implementation Methods.--A forest management activity carried out
using amounts in the Fund may be carried out using a contract or
agreement under section 604 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591c), the good neighbor authority provided by section
8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a), a contract
under section 14 of the National Forest Management Act of 1976 (16
U.S.C. 472a), or other authority available to the Secretary concerned,
but revenues generated by the forest management activity shall be used
to reimburse the Fund for planning costs covered using amounts in the
Fund.
(f) Relation to Other Laws.--
(1) Revenue sharing.--Subject to subsection (e), revenues
generated by a forest management activity carried out using
amounts from the Fund shall be considered monies received from
the National Forest System.
(2) Knutson-vanderberg act.--The Act of June 9, 1930
(commonly known as the Knutson-Vanderberg Act; 16 U.S.C. 576 et
seq.), shall apply to any forest management activity carried
out using amounts in the Fund.
(g) Termination of Fund.--
(1) Termination.--The Fund shall terminate 10 years after the
date of the enactment of this Act.
(2) Effect of termination.--Upon the termination of the Fund
pursuant to paragraph (1) or pursuant to any other provision of
law, unobligated contributions remaining in the Fund shall be
returned to the eligible entity that made the contribution.
TITLE VII--TRIBAL FORESTRY PARTICIPATION AND PROTECTION
SEC. 701. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF STEWARDSHIP
END RESULT CONTRACTING AND OTHER AUTHORITIES.
(a) Prompt Consideration of Tribal Requests.--Section 2(b) of the
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended--
(1) in paragraph (1), by striking ``Not later than 120 days
after the date on which an Indian tribe submits to the
Secretary'' and inserting ``In response to the submission by an
Indian Tribe of''; and
(2) by adding at the end the following new paragraph:
``(4) Time periods for consideration.--
``(A) Initial response.--Not later than 120 days
after the date on which the Secretary receives a Tribal
request under paragraph (1), the Secretary shall
provide an initial response to the Indian Tribe
regarding--
``(i) whether the request may meet the
selection criteria described in subsection (c);
and
``(ii) the likelihood of the Secretary
entering into an agreement or contract with the
Indian Tribe under paragraph (2) for activities
described in paragraph (3).
``(B) Notice of denial.--Notice under subsection (d)
of the denial of a Tribal request under paragraph (1)
shall be provided not later than 1 year after the date
on which the Secretary received the request.
``(C) Completion.--Not later than 2 years after the
date on which the Secretary receives a Tribal request
under paragraph (1), other than a Tribal request denied
under subsection (d), the Secretary shall--
``(i) complete all environmental reviews
necessary in connection with the agreement or
contract and proposed activities under the
agreement or contract; and
``(ii) enter into the agreement or contract
with the Indian tribe under paragraph (2).''.
(b) Conforming and Technical Amendments.--Section 2 of the Tribal
Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended--
(1) in subsections (b)(1) and (f)(1), by striking ``section
347 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-
277) (as amended by section 323 of the Department of the
Interior and Related Agencies Appropriations Act, 2003 (117
Stat. 275))'' and inserting ``section 604 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591c)''; and
(2) in subsection (d), by striking ``subsection (b)(1), the
Secretary may'' and inserting ``paragraphs (1) and (4)(B) of
subsection (b), the Secretary shall''.
SEC. 702. MANAGEMENT OF INDIAN FOREST LAND AUTHORIZED TO INCLUDE
RELATED NATIONAL FOREST SYSTEM LANDS AND PUBLIC
LANDS.
Section 305 of the National Indian Forest Resources Management Act
(25 U.S.C. 3104) is amended by adding at the end the following new
subsection:
``(c) Inclusion of Certain National Forest System Land and Public
Land.--
``(1) Authority.--At the request of an Indian Tribe, the
Secretary concerned may agree to treat Federal forest land as
Indian forest land for purposes of planning and conducting
forest land management activities under this section if the
Federal forest land is located within, or mostly within, a
geographic area that presents a feature or involves
circumstances principally relevant to that Indian Tribe, such
as Federal forest land ceded to the United States by treaty,
Federal forest land within the boundaries of a current or
former reservation, or Federal forest land adjudicated to be
Tribal homelands.
``(2) Requirements.--As part of the agreement to treat
Federal forest land as Indian forest land under paragraph (1),
the Secretary concerned and the Indian Tribe making the request
shall--
``(A) provide for continued public access applicable
to the Federal forest land prior to the agreement,
except that the Secretary concerned may limit or
prohibit such access as needed;
``(B) continue sharing revenue generated by the
Federal forest land with State and local governments
either--
``(i) on the terms applicable to the Federal
forest land prior to the agreement, including,
where applicable, 25-percent payments or 50-
percent payments; or
``(ii) at the option of the Indian Tribe, on
terms agreed upon by the Indian Tribe, the
Secretary concerned, and State and county
governments participating in a revenue sharing
agreement for the Federal forest land;
``(C) comply with applicable prohibitions on the
export of unprocessed logs harvested from the Federal
forest land;
``(D) recognize all right-of-way agreements in place
on Federal forest land prior to commencement of Tribal
management activities;
``(E) ensure that all commercial timber removed from
the Federal forest land is sold on a competitive bid
basis; and
``(F) cooperate with the appropriate State fish and
wildlife agency to achieve mutual agreement on the
management of fish and wildlife.
``(3) Limitation.--Treating Federal forest land as Indian
forest land for purposes of planning and conducting management
activities pursuant to paragraph (1) shall not be construed to
designate the Federal forest land as Indian forest lands for
any other purpose.
``(4) Definitions.--In this subsection:
``(A) Federal forest land.--The term `Federal forest
land' means--
``(i) National Forest System lands; and
``(ii) public lands (as defined in section
103(e) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702(e))),
including Coos Bay Wagon Road Grant lands
reconveyed to the United States pursuant to the
first section of the Act of February 26, 1919
(40 Stat. 1179), and Oregon and California
Railroad Grant lands.
``(B) Secretary concerned.--The term `Secretary
concerned' means--
``(i) the Secretary of Agriculture, with
respect to the Federal forest land referred to
in subparagraph (A)(i); and
``(ii) the Secretary of the Interior, with
respect to the Federal forest land referred to
in subparagraph (A)(ii).''.
SEC. 703. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.
The Secretary of the Interior and the Secretary of Agriculture may
carry out demonstration projects by which federally recognized Indian
Tribes or Tribal organizations may contract to perform administrative,
management, and other functions of programs of the Tribal Forest
Protection Act of 2004 (25 U.S.C. 3115a et seq.) through contracts
entered into under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304 et seq.).
SEC. 704. RULE OF APPLICATION.
Nothing in this title, or the amendments made by this title, shall be
construed as interfering with, diminishing, or conflicting with the
authority, jurisdiction, or responsibility of any State to exercise
primary management, control, or regulation of fish and wildlife on land
or water within the State (including on public land) under State law.
TITLE VIII-- EXPEDITING INTERAGENCY CONSULTATION
Subtitle A--Forest Plans Not Considered Major Federal Actions
SEC. 801. FOREST PLANS NOT CONSIDERED MAJOR FEDERAL ACTIONS.
The development, maintenance, amendment, and revision of a forest
plan shall not be considered a major Federal action for purposes of
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
Subtitle B--Agency Consultation
SEC. 811. CONSULTATION UNDER FOREST AND RANGELAND RENEWABLE RESOURCES
PLANNING ACT OF 1974.
(a) In General.--Section 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 general.--The Secretary''; and
(2) by adding at the end the following:
``(2) No additional consultation required after approval of
land management plans.--
``(A) In general.--Notwithstanding 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 the
Endangered Species Act (16 U.S.C. 1536) and section
402.16 of title 50, Code of Federal Regulations (or a
successor regulation)) with respect to--
``(i) if a land management plan approved by
the Secretary--
``(I) the listing of a species as
threatened or endangered, or a
designation of critical habitat
pursuant to the Endangered Species Act
(16 U.S.C. 1531 et seq.);
``(II) whether the amount or extent
of taking specified in the incidental
take statement is exceeded;
``(III) whether new information
reveals effects of the action that may
affect listed species or critical
habitat in a manner or to an extent not
previously considered; or
``(IV) whether the identified action
is subsequently modified in a manner
that causes an effect to the listed
species or critical habitat that was
not considered in the biological
opinion; or
``(ii) any provision of a land management
plan adopted as described in clause (i).
``(B) Effect of paragraph.--Nothing 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, including a
project carried out, or proposed to be carried
out, in an area designated as critical habitat
pursuant to the Endangered Species Act (16
U.S.C. 1531 et seq.); or
``(ii) with respect to the development of an
amendment to a land management plan that would
result in a significant change in the land
management plan.
``(3) Land management plan considered a non-discretionary
action.--For purposes of the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.), a forest management activity carried out
by the Secretary concerned pursuant to this Act shall be
considered a non-discretionary action.''.
(b) Definition of Secretary; Conforming Amendments.--
(1) Definition of secretary.--Section 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 amendments.--The 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''.
SEC. 812. CONSULTATION UNDER FEDERAL LAND POLICY AND MANAGEMENT ACT OF
1976.
Section 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 general.--The Secretary''; and
(2) by adding at the end the following:
``(2) No additional consultation required after approval of
land use plans.--
``(A) In general.--Notwithstanding 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 the
Endangered Species Act (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 the Endangered Species Act
(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 change.--In
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) Effect.--Nothing 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 the Endangered Species Act
(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.
``(3) Land use plan considered non-discretionary action.--For
purposes of the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), a forest management activity carried out by the
Secretary concerned pursuant to this Act shall be considered a
non-discretionary action.''.
TITLE IX--MISCELLANEOUS
Subtitle A--Forest Management Provisions
SEC. 901. CLARIFICATION OF EXISTING CATEGORICAL EXCLUSION AUTHORITY
RELATED TO INSECT AND DISEASE INFESTATION.
Section 603(c)(2)(B) of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591b(c)(2)(B)) is amended by striking ``Fire Regime Groups
I, II, or III'' and inserting ``Fire Regime I, Fire Regime II, Fire
Regime III, Fire Regime IV, or Fire Regime V''.
SEC. 902. REVISION OF ALTERNATE CONSULTATION AGREEMENT REGULATIONS.
Not later than 90 days after the date of the enactment of this
section, the Secretary of the Interior and the Secretary of Commerce
shall revise section 402.13 of title 50, Code of Federal Regulations,
to--
(1) authorize Federal agencies to enter into alternative
consultation agreements under which the Federal agency may
determine if an action such agency authorizes is likely to
adversely affect listed species or critical habitat; and
(2) if an agency determines such action will not likely
adversely affect listed species or critical habitat pursuant to
paragraph (1), not require such agency to complete a formal
consultation, informal consultation, or written concurrence of
the U.S. Fish and Wildlife Service or the National Marine
Fisheries Service with respect to such action.
SEC. 903. REVISION OF EXTRAORDINARY CIRCUMSTANCES REGULATIONS.
(a) Determinations of Extraordinary Circumstances.--In determining
whether extraordinary circumstances related to a proposed action
preclude use of a categorical exclusion, the Forest Service shall not
be required to--
(1) consider whether a proposed action is within a potential
wilderness area;
(2) consider whether a proposed action affects a Forest
Service sensitive species;
(3) conduct an analysis under section 220.4(f) of title 36,
Code of Federal Regulations, of the proposed action's
cumulative impact (as the term is defined in section 1508.7 of
title 40, Code of Federal Regulations);
(4) consider a determination under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) that a proposed
action may affect, but is not likely to adversely affect,
threatened, endangered, or candidate species, or designated
critical habitats; or
(5) consider a determination under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) that a proposed
action may affect, and is likely to adversely affect
threatened, endangered, candidate species, or designated
critical habitat if the agency is in compliance with the
applicable provisions of the biological opinion.
(b) Proposed Rulemaking.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Agriculture shall publish a
notice of proposed rulemaking to revise section 220.6(b) of title 36,
Code of Federal Regulations to conform such section with subsection
(a).
(c) Additional Revision.--As part of the proposed rulemaking
described in subsection (b), the Secretary of Agriculture shall revise
section 220.5(a)(2) of title 36, Code of Federal Regulations, to
provide that the Forest Service shall not be required to consider
proposals that would substantially alter a potential wilderness area as
a class of actions normally requiring environmental impact statements.
(d) Additional Actions.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Agriculture shall issue final
regulations to carry out the revisions described in subsections (b) and
(c).
SEC. 904. CONDITIONS ON FOREST SERVICE ROAD DECOMMISSIONING.
(a) Consultation With Affected County.--Whenever any Forest Service
defined maintenance level one- or two-system road within a designated
high-fire prone area of a unit of the National Forest System is
considered for decommissioning, the Forest Supervisor of that unit of
the National Forest System shall--
(1) consult with the government of the county containing the
road regarding the merits and possible consequences of
decommissioning the road; and
(2) solicit possible alternatives to decommissioning the
road.
(b) Period Prior to Decommission.--A Forest Service road described in
subsection (a) may not be decommissioned without the advance approval
of the Regional Forester.
SEC. 905. PROHIBITION ON APPLICATION OF EASTSIDE SCREENS REQUIREMENTS
ON NATIONAL FOREST SYSTEM LANDS.
(a) Repeal of Eastside Screens Requirements.--Notwithstanding any
other provision of law, the Secretary of Agriculture shall immediately
withdraw the Interim Management Direction Establishing Riparian,
Ecosystem, and Wildlife Standards for Timber Sales (commonly known as
the Eastside Screens requirements), including all preceding or
associated versions of these amendments.
(b) Effect of Repeal.--On and after the date of the enactment of this
Act, the Secretary of Agriculture may not apply to National Forest
System lands any of the amendments repealed under subsection (a).
SEC. 906. USE OF SITE-SPECIFIC FOREST PLAN AMENDMENTS FOR CERTAIN
PROJECTS AND ACTIVITIES.
If the Secretary concerned determines that, in order to conduct a
project or carry out an activity implementing a forest plan, an
amendment to the forest plan is required, the Secretary concerned shall
execute such amendment as a nonsignificant plan amendment through the
record of decision or decision notice for the project or activity.
SEC. 907. KNUTSON-VANDENBERG ACT MODIFICATIONS.
(a) Deposits of Funds From National Forest Timber Purchasers
Required.--Section 3(a) of the Act of June 9, 1930 (commonly known as
the Knutson-Vandenberg Act; 16 U.S.C. 576b(a)), is amended by striking
``The Secretary'' and all that follows through ``any purchaser'' and
inserting the following: ``The Secretary of Agriculture shall require
each purchaser''.
(b) Conditions on Use of Deposits.--Section 3 of the Act of June 9,
1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is
amended--
(1) by striking ``Such deposits'' and inserting the
following:
``(b) Amounts deposited under subsection (a)'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting before subsection (d), as so redesignated,
the following new subsection (c):
``(c)(1) Amounts in the special fund established pursuant to this
section--
``(A) shall be used exclusively to implement activities
authorized by subsection (a); and
``(B) may be used anywhere within the Forest Service Region
from which the original deposits were collected.
``(2) The Secretary of Agriculture may not deduct overhead costs from
the funds collected under subsection (a), except as needed to fund
personnel of the responsible Ranger District for the planning and
implementation of the activities authorized by subsection (a).''.
SEC. 908. APPLICATION OF NORTHWEST FOREST PLAN SURVEY AND MANAGE
MITIGATION MEASURE STANDARD AND GUIDELINES.
The Northwest Forest Plan Survey and Manage Mitigation Measure
Standard and Guidelines shall not apply to any National Forest System
lands or public lands.
SEC. 909. RECONSTRUCTION AND REPAIR INCLUDED IN GOOD NEIGHBOR
AGREEMENTS.
Section 8206(a)(3) of the Agricultural Act of 2014 (16 U.S.C.
2113a(a)(3)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by striking ``and'';
(B) by redesignating clause (iii) as clause (iv); and
(C) by inserting after clause (ii) the following new
clause:
``(iii) construction, reconstruction, repair
or restoration of roads as necessary to achieve
project objectives; and''; and
(2) by amending subparagraph (B) to read as follows:
``(B) Exclusions.--The term `forest, rangeland, and
watershed restoration services' does not include
construction, alteration, repair or replacement of
public buildings or works.''.
SEC. 910. LOGGING AND MECHANIZED OPERATIONS.
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is
amended--
(1) in section 3 (29 U.S.C. 203)--
(A) in subsection (l), by striking ``well-being.''
and inserting ``well-being, and that employment of
employees ages sixteen or seventeen years in a logging
or mechanized operation in an occupation that the
Secretary of Labor finds and declares to be
particularly hazardous for the employment of
individuals of such ages shall not be deemed to
constitute oppressive child labor if such employee is
employed by his parent or by a person standing in the
place of his parent in a logging or mechanized
operation owned or operated by such parent or
person.''; and
(B) by adding at the end the following:
``(z)(1) `Logging'--
``(A) means--
``(i) the felling, skidding, yarding, loading and
processing of timber by equipment other than manually
operated chainsaws and cable skidders;
``(ii) the felling of timber in mechanized
operations;
``(iii) the bucking or converting of timber into
logs, poles, ties, bolts, pulpwood, chemical wood,
excelsior wood, cordwood, fence posts, or similar
products;
``(iv) the collecting, skidding, yarding, loading,
transporting and unloading of such products in
connection with logging;
``(v) the constructing, repairing and maintaining of
roads or camps used in connection with logging; the
constructing, repairing, and maintenance of machinery
or equipment used in logging; and
``(vi) other work performed in connection with
logging; and
``(B) does not include the manual use of chain saws to fell
and process timber and the use of cable skidders to bring the
timber to the landing.
``(2) `Mechanized operation'--
``(A) means the felling, skidding, yarding, loading and
processing of timber by equipment other than manually operated
chainsaws and cable skidders; and
``(B) includes whole tree processors, cut-to-length
processors, stroke boom delimbers, wheeled and track feller-
bunchers, pull thru delimbers, wheeled and track forwarders,
chippers, grinders, mechanical debarkers, wheeled and track
grapple skidders, yarders, bulldozers, excavators, and log
loaders.''; and
(2) in section 13(c) (29 U.S.C. 211(c)), by adding at the end
the following:
``(8) The provisions of section 12 relating to child labor shall
apply to an employee who is 16 or 17 years old employed in a logging or
mechanized operation in an occupation that the Secretary of Labor finds
and declares to be particularly hazardous for the employment of
children ages 16 or 17, except where such employee is employed by his
parent or by a person standing in the place of his parent in a logging
or mechanized operation owned or operated by such parent or person.''.
Subtitle B--Oregon and California Railroad Grant Lands and Coos Bay
Wagon Road Grant Lands
SEC. 911. AMENDMENTS TO THE ACT OF AUGUST 28, 1937.
The first section of the Act of August 28, 1937 (50 Stat. 874; 43
U.S.C. 2601 et seq.), is amended--
(1) by striking ``principal of sustained yield'' and
inserting ``principle of sustained yield'';
(2) by striking ``facilties'' and inserting ``facilities'';
and
(3) by striking ``That timber from said lands in an amount''
and inserting ``That timber from said lands in the amount that
is the greater of:''.
SEC. 912. OREGON AND CALIFORNIA RAILROAD GRANT LANDS AND COOS BAY WAGON
ROAD GRANT LANDS PERMANENT RIGHTS OF ACCESS.
(a) Creation of Permanent Rights of Access Required.--Notwithstanding
any other provision of law, on the date of the enactment of this
section, reciprocal road right-of-way permits, grants, and agreements
issued to a private landowner by the Secretary of the Interior pursuant
to subpart 2812 of part 2810 of title 43, Code of Federal Regulations,
or its predecessor regulation shall become permanent rights of access
that are recordable and that shall run with the land.
(b) Records Updated.--Not later than 60 days after the date of the
enactment of this Act, the reciprocal road right-of-way permits,
grants, and agreements described in subsection (a) shall be amended to
reflect the permanent rights of access required under subsection (a)
and recorded by the Secretary of the Interior in each county where the
lands are located. No other amendments shall be made to such right-of-
way permits, grants, and agreements.
SEC. 913. MANAGEMENT OF BUREAU OF LAND MANAGEMENT LANDS IN WESTERN
OREGON.
(a) In General.--All of the public land managed by the Bureau of Land
Management in the Northwest District, Roseburg District, Coos Bay
District, Medford District, and the Klamath Resource Area of the
Lakeview District in the State of Oregon shall hereafter be managed
pursuant to title I of the of the Act of August 28, 1937 (43 U.S.C.
1181a through 1181e). Except as provided in subsection (b), all of the
revenue produced from such land shall be deposited in the Treasury of
the United States in the Oregon and California land-grant fund and be
subject to the provisions of title II of the Act of August 28, 1937 (43
U.S.C. 1181f).
(b) Certain Lands Excluded.--Subsection (a) does not apply to any
revenue that is required to be deposited in the Coos Bay Wagon Road
grant fund pursuant to sections 1 through 4 of the Act of May 24, 1939
(43 U.S.C. 1181f et seq.).
Subtitle C--Timber Innovation
SEC. 921. DEFINITIONS.
In this subtitle:
(1) Innovative wood product.--The term ``innovative wood
product'' means a type of building component or system that
uses large panelized wood construction, including mass timber.
(2) Mass timber.--The term ``mass timber'' includes--
(A) cross-laminated timber;
(B) nail laminated timber;
(C) glue laminated timber;
(D) laminated strand lumber; and
(E) laminated veneer lumber.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Research and Development deputy
area and the State and Private Forestry deputy area of the
Forest Service.
(4) Tall wood building.--The term ``tall wood building''
means a building designed to be--
(A) constructed with mass timber; and
(B) more than 85 feet in height.
SEC. 922. CLARIFICATION OF RESEARCH AND DEVELOPMENT PROGRAM FOR WOOD
BUILDING CONSTRUCTION.
(a) In General.--The Secretary shall conduct performance-driven
research and development, education, and technical assistance for the
purpose of facilitating the use of innovative wood products in wood
building construction in the United States.
(b) Activities.--In carrying out subsection (a), the Secretary
shall--
(1) after receipt of input and guidance from, and
collaboration with, the wood products industry, conservation
organizations, and institutions of higher education, conduct
research and development, education, and technical assistance
at the Forest Products Laboratory or through the State and
Private Forestry deputy area that meets measurable performance
goals for the achievement of the priorities described in
subsection (c); and
(2) after coordination and collaboration with the wood
products industry and conservation organizations, make
competitive grants to institutions of higher education to
conduct research and development, education, and technical
assistance that meets measurable performance goals for the
achievement of the priorities described in subsection (c).
(c) Priorities.--The research and development, education, and
technical assistance conducted under subsection (a) shall give priority
to--
(1) ways to improve the commercialization of innovative wood
products;
(2) analyzing the safety of tall wood building materials;
(3) calculations by the Forest Products Laboratory of the
life cycle environmental footprint, from extraction of raw
materials through the manufacturing process, of tall wood
building construction;
(4) analyzing methods to reduce the life cycle environmental
footprint of tall wood building construction;
(5) analyzing the potential implications of the use of
innovative wood products in building construction on wildlife;
and
(6) one or more other research areas identified by the
Secretary, in consultation with conservation organizations,
institutions of higher education, and the wood products
industry.
(d) Timeframe.--To the maximum extent practicable, the measurable
performance goals for the research and development, education, and
technical assistance conducted under subsection (a) shall be achievable
within a 5-year timeframe.
TITLE X--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
SEC. 1001. WILDFIRE ON FEDERAL LANDS.
Section 102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(2)) is amended--
(1) by striking ``(2)'' and all that follows through
``means'' and inserting the following:
``(2) Major disaster.--
``(A) Major disaster.--The term `major disaster'
means''; and
(2) by adding at the end the following:
``(B) Major disaster for wildfire on federal lands.--
The term `major disaster for wildfire on Federal lands'
means any wildfire or wildfires, which in the
determination of the President under section 802
warrants assistance under section 803 to supplement the
efforts and resources of the Department of the Interior
or the Department of Agriculture--
``(i) on Federal lands; or
``(ii) on non-Federal lands pursuant to a
fire protection agreement or cooperative
agreement.''.
SEC. 1002. DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON FEDERAL
LANDS.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 et seq.) is amended by adding at the end the following:
``TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
``SEC. 801. DEFINITIONS.
``As used in this title--
``(1) Federal land.--The term `Federal land' means--
``(A) any land under the jurisdiction of the
Department of the Interior; and
``(B) any land under the jurisdiction of the United
States Forest Service.
``(2) Federal land management agencies.--The term `Federal
land management agencies' means--
``(A) the Bureau of Land Management;
``(B) the National Park Service;
``(C) the Bureau of Indian Affairs;
``(D) the United States Fish and Wildlife Service;
and
``(E) the United States Forest Service.
``(3) Wildfire suppression operations.--The term `wildfire
suppression operations' means the emergency and unpredictable
aspects of wildland firefighting, including support, response,
emergency stabilization activities, and other emergency
management activities of wildland firefighting on Federal lands
(or on non-Federal lands pursuant to a fire protection
agreement or cooperative agreement) by the Federal land
management agencies covered by the wildfire suppression
subactivity of the Wildland Fire Management account or the
FLAME Wildfire Suppression Reserve Fund account of the Federal
land management agencies.
``SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR DISASTER FOR WILDFIRE
ON FEDERAL LANDS.
``(a) In General.--The Secretary of the Interior or the Secretary of
Agriculture may submit a request to the President consistent with the
requirements of this title for a declaration by the President that a
major disaster for wildfire on Federal lands exists.
``(b) Requirements.--A request for a declaration by the President
that a major disaster for wildfire on Federal lands exists shall--
``(1) be made in writing by the respective Secretary;
``(2) certify that the amount appropriated in the current
fiscal year for wildfire suppression operations of the Federal
land management agencies under the jurisdiction of the
respective Secretary, net of any concurrently enacted
rescissions of wildfire suppression funds, increases the total
unobligated balance of amounts available for wildfire
suppression by an amount equal to or greater than the average
total costs incurred by the Federal land management agencies
per year for wildfire suppression operations, including the
suppression costs in excess of appropriated amounts, over the
previous ten fiscal years;
``(3) certify that the amount available for wildfire
suppression operations of the Federal land management agencies
under the jurisdiction of the respective Secretary will be
obligated not later than 30 days after such Secretary notifies
the President that wildfire suppression funds will be exhausted
to fund ongoing and anticipated wildfire suppression operations
related to the wildfire on which the request for the
declaration of a major disaster for wildfire on Federal lands
pursuant to this title is based; and
``(4) specify the amount required in the current fiscal year
to fund wildfire suppression operations related to the wildfire
on which the request for the declaration of a major disaster
for wildfire on Federal lands pursuant to this title is based.
``(c) Declaration.--Based on the request of the respective Secretary
under this title, the President may declare that a major disaster for
wildfire on Federal lands exists.
``SEC. 803. WILDFIRE ON FEDERAL LANDS ASSISTANCE.
``(a) In General.--In a major disaster for wildfire on Federal lands,
the President may transfer funds, only from the account established
pursuant to subsection (b), to the Secretary of the Interior or the
Secretary of Agriculture to conduct wildfire suppression operations on
Federal lands (and non-Federal lands pursuant to a fire protection
agreement or cooperative agreement).
``(b) Wildfire Suppression Operations Account.--The President shall
establish a specific account for the assistance available pursuant to a
declaration under section 802. Such account may only be used to fund
assistance pursuant to this title.
``(c) Limitation.--
``(1) Limitation of transfer.--The assistance available
pursuant to a declaration under section 802 is limited to the
transfer of the amount requested pursuant to section 802(b)(4).
The assistance available for transfer shall not exceed the
amount contained in the wildfire suppression operations account
established pursuant to subsection (b).
``(2) Transfer of funds.--Funds under this section shall be
transferred from the wildfire suppression operations account to
the wildfire suppression subactivity of the Wildland Fire
Management Account.
``(d) Prohibition of Other Transfers.--Except as provided in this
section, no funds may be transferred to or from the account established
pursuant to subsection (b) to or from any other fund or account.
``(e) Reimbursement for Wildfire Suppression Operations on Non-
Federal Land.--If amounts transferred under subsection (c) are used to
conduct wildfire suppression operations on non-Federal land, the
respective Secretary shall--
``(1) secure reimbursement for the cost of such wildfire
suppression operations conducted on the non-Federal land; and
``(2) transfer the amounts received as reimbursement to the
wildfire suppression operations account established pursuant to
subsection (b).
``(f) Annual Accounting and Reporting Requirements.--Not later than
90 days after the end of each fiscal year for which assistance is
received pursuant to this section, the respective Secretary shall
submit to the Committees on Agriculture, Appropriations, the Budget,
Natural Resources, and Transportation and Infrastructure of the House
of Representatives and the Committees on Agriculture, Nutrition, and
Forestry, Appropriations, the Budget, Energy and Natural Resources,
Homeland Security and Governmental Affairs, and Indian Affairs of the
Senate, and make available to the public, a report that includes the
following:
``(1) The risk-based factors that influenced management
decisions regarding wildfire suppression operations of the
Federal land management agencies under the jurisdiction of the
Secretary concerned.
``(2) Specific discussion of a statistically significant
sample of large fires, in which each fire is analyzed for cost
drivers, effectiveness of risk management techniques, resulting
positive or negative impacts of fire on the landscape, impact
of investments in preparedness, suggested corrective actions,
and such other factors as the respective Secretary considers
appropriate.
``(3) Total expenditures for wildfire suppression operations
of the Federal land management agencies under the jurisdiction
of the respective Secretary, broken out by fire sizes, cost,
regional location, and such other factors as the such Secretary
considers appropriate.
``(4) Lessons learned.
``(5) Such other matters as the respective Secretary
considers appropriate.
``(g) Savings Provision.--Nothing in this title shall limit the
Secretary of the Interior, the Secretary of Agriculture, Indian Tribe,
or a State from receiving assistance through a declaration made by the
President under this Act when the criteria for such declaration have
been met.''.
SEC. 1003. PROHIBITION ON TRANSFERS.
No funds may be transferred to or from the Federal land management
agencies' wildfire suppression operations accounts referred to in
section 801(3) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act to or from any account or subactivity of the Federal
land management agencies, as defined in section 801(2) of such Act,
that is not used to cover the cost of wildfire suppression operations.
Brief Explanation
The Resilient Federal Forests Act of 2017, H.R. 2936,
expedites management under the National Environmental Policy
Act and improves forest management activities in units of the
National Forest System derived from the public domain, on
public lands under the jurisdiction of the Bureau of Land
Management, and on tribal lands to return resilience to
overgrown, fire-prone forested lands.
Purpose and Need for Legislation
H.R. 2936 addresses the declining health of America's
forested land managed by the United States Forest Service
(USFS) and the Bureau of Land Management (BLM) due to a lack of
active management.
The most significant result of this diminished forest
health is the significant increase in catastrophic wildfires in
the past 15 years. These catastrophic wildfires have a
significant negative impact on watershed health, wildlife
habitat, property, and human life. In 2016 alone, a total of
4,312 structures were destroyed by wildfires, including 3,192
residences, 1,025 minor structures and 78 commercial
structures. Most disturbing, agency data indicates that 349
lives have been lost to catastrophic wildfire in the last
twenty years.
The alarming increase in catastrophic wildfire impacts can
be attributed to the decrease in timber production. From the
mid-1950s to the mid-1990s, the USFS typically harvested
between 10 and 12 billion board feet annually. Since 1996, that
number has declined to a range of 1.5 to 3.3 billion board
feet. During this same period, the average number of acres
burned increased to 6.2 million acres.
The reason for the declining amount of timber production is
twofold: longer planning periods that result in increased time
and money and leave our forests vulnerable to insect and
disease damage, and the effect of unnecessary litigation on
forest planning decisions.
A 2012 USFS report estimated between 65 million and 82
million acres of forest land are facing some level of threat of
wildfire and are in need of restoration. This is more than one-
third of the National Forest System. In 2014, the USFS treated
2.9 million acres of land. At this pace, it would take the USFS
more than 20 years to treat this endangered land.
Prior to marking up H.R. 2936, the Subcommittee on
Conservation and Forestry held a hearing to review the
management of the National Forest System. Members heard
testimony from former U.S. Forest Service Chief Tom Tidwell, as
well as stakeholders representing forestry, sportsmen, and
conservation industries. The witnesses' testimony highlighted
the need for active forest management to address the challenges
the U.S. Forest Service is facing.
This legislation attempts to address the core issues facing
the USFS: lengthy and costly planning processes to complete
needed hazardous fuel reduction projects and the threat of
litigation forcing the USFS and BLM to take an overly cautious
approach to forest management. H.R. 2936 addresses these
challenges by including categorical exclusions for processes
that are routine and have known effects, allowing the agencies
to perform forest management activities sooner to save time and
taxpayer money. It rewards collaboration, giving all interest
groups a seat at the table, and minimizes the threat of
litigation of these collaborative projects.
H.R. 2936 imposes no new requirements or burdens on the
USFS or BLM. It expands upon the successes of the 2014 Farm
Bill and the Healthy Forest Restoration Act.
H.R. 2936 retains many environmental safeguards to ensure
the respective land management agencies use these authorities
in a reasonable and environmentally safe manner.
Section-by-Section Analysis of Amendment in the Nature of a Substitute
H.R. 2936, the Resilient Federal Forests Act of 2017
Section 1. Short title; Table of contents
Section 1 is the short title--the Resilient Federal Forests
Act of 2017--and the table of contents.
Section 2. Definitions
Section 2 provides the relevant definitions for the bill.
Section 3. Rule of application for National Forest System Lands and
Public Lands
Section 3 is a rule of application, limiting the
application of the bill's provision to National Forest or
public lands that are not in the National Wilderness
Preservation System, within an inventoried roadless area
(unless the forest management activity is consistent with the
applicable forest plan or allowed under the applicable roadless
rule, or land on which timber harvest is prohibited by Federal
law.
Title I--Expedited Environmental Analysis and Availability of
Categorical Exclusions To Expedite Forest Management Activities
SUBTITLE A--ANALYSIS OF PROPOSED COLLABORATIVE FOREST MANAGEMENT
ACTIVITIES
Section 101. Analysis of only two alternatives (action versus no
action) in proposed collaborative forest management activities
Section 101 provides that whenever the Secretary prepares
an environmental assessment (EA) or environmental impact
statement (EIS) under NEPA for a proposed management activity
that was developed through a collaborative process or resource
advisory committee (RAC) and which will occur on lands
identified as suitable for timber production, lands designated
as part of an insect and disease treatment program, or lands
covered by a community wildfire protection, the Secretary may
only analyze two alternatives.
The first of the alternatives is a forest management
activity or ``action alternative''; which is the project
proposed by a collaborative process, or RAC on lands designated
as suitable for timber production, or as part of a Community
Wildfire Protection Act (CWPP). The second is the ``no action''
alternative''; in which the Secretary must consider the effect
of no action on matters such as forest health, habitat
diversity, the potential of increased wildfires, or insect and
disease infestation, and timber production as well
socioeconomic factors.
SUBTITLE B--CATEGORICAL EXCLUSIONS (CE)
Section 111. Categorical exclusion to expedite certain critical
response actions
Subsections (a) and (b) of section 111 authorize use of CEs
for addressing insect and disease infestation, reducing
hazardous fuel loads, protecting municipal water sources,
improving or enhancing critical habitat, increasing water
yield, and producing timber.
Subsection (d) limits the size of the CEs to 10,000 acres.
The subsection also allows for treatment units to exceed
10,000, but not more than 30,000, acres if the activity is
developed through a collaborative process, proposed by a RAC,
or covered by a CWPP.
Section 112. Categorical exclusion to expedite salvage operations in
response to catastrophic events
Subsection (a) of section 112 authorizes the use of CEs for
salvage operations carried out by the Secretary.
Subsection (c) limits the size of the CE to 10,000 acres.
Subsection (d) requires that salvage projects protect
streams and stream buffers as provided in the forest plan. The
subsection further requires the development of a reforestation
plan as part of the salvage operation.
Section 113. Categorical exclusion to meet forest plan goals for early
successional forests
Subsections (a) and (b) of section 113 authorize the use of
CEs for the modification, improvement, enhancement, or creation
of early successional forests for wildlife habitat improvement.
Subsection (d) directs the Secretary to maximize production
and regeneration of priority species in the development of a
forest management activity conducted under this section.
Subsection (e) limits the size of the CEs to 10,000 acres.
Section 114. Categorical exclusion for road side projects
Subsection (a) of section 113 authorizes the use of CEs in
order to remove hazardous trees and salvage timber to protect
public safety, water supply, or public infrastructure.
Subsection (c) clarifies that this section does not apply
to lands that are part of the National Preservation System,
Federal lands where vegetation removal has been prohibited by
Congress, land in a congressionally designated wilderness study
area, or activity where the forest management activity would
not be consistent with the applicable land management plan.
Projects are required to be consistent with applicable land
management plans. The subsection further requires public notice
and scoping.
Section 115. Categorical exclusion to improve or restore National
Forest System lands or public land or reduce the risk of
wildfire
Subsections (a) and (b) of section 115 authorize the use of
CEs for certain activities when the purpose of those activities
is to improve, restore, or reduce the risk of wildfire on
Forest System or public lands.
Subsection (d) limits the size of the CEs to 10,000 acres.
Subsection (e) provides the pertinent definitions.
SUBTITLE C--GENERAL PROVISIONS FOR FOREST MANAGEMENT ACTIVITIES
Section 121. Compliance with Forest Plans
Section 121 requires that forest management activities
covered by a CE must be consistent with guidance in the Forest
Plan.
Section 122. Consultation under the National Historic Preservation Act
Subsection (a) of section 122 authorizes the Secretary when
considering the impacts of a project implemented under a CE
provided in the bill, to conduct a phased evaluation of the
project and its impacts on historic property without
consultation with outside state or Federal agencies.
Subsection (b) provides in cases when consultation with an
outside agency under Section 106 of the National Historic
Preservation Act is required, the consultation is considered
completed and the project may proceed after 90 days.
Section 123. Consultation under the Endangered Species Act
Subsection (a) of section 123 amends the ESA to remove the
requirement for consultation under Section 7 for a project
carried out by the FS if the project is found not likely to
adversely affect a listed species.
Subsection (b) allows for an expedited consultation where
the projects conducted under a CE for which a Section 7
consultation is required, the action is deemed to have complied
with the requirements of Section 7 after 90 days.
Section 124. Forest management activities considered non-discretionary
actions
Section 124 declares forest management activities carried
out under this Act as non-discretionary for the purposes of
implementing the Endangered Species Act.
Title II--Salvage and Reforestation in Response to Catastrophic Events
Section 201. Expedited salvage operations and reforestation activities
following large-scale catastrophic events
Subsection (a) of section 201 requires that EAs for salvage
operations or reforestation activities be completed within two
months.
Subsection (b) requires at least 75% of the impacted area
should be reforested within 5 years, to the maximum extent
practicable.
Subsection (c) makes monies available from the Knuston-
Vandenberg Fund.
Subsection (d) limits the time available for public input
to 30 days for public scoping, 15 days for filing an objection,
and 15 days for an agency to respond to an objection. The
subsection further directs the Secretary to immediately
implement the project upon expiration of the time limits.
Section 202. Compliance with forest plan
Section 202 requires that all projects authorized under
this title comply with forest plans.
Section 203. Prohibition of restraining orders, preliminary
injunctions, and injunctions pending appeal
Section 203 prohibits courts from issuing restraining
orders, preliminary injunctions, or injunctions pending appeal
for activities related to salvage operations or reforestation
activities in response to large-scale catastrophic events.
Title III--Forest Management Litigation
SUBTITLE A--GENERAL LITIGATION PROVISIONS
Section 301. No attorney fees for forest management activity challenges
Section 301 prohibits awards for fees or expenses paid from
the Claims and Judgement Fund established under the Equal
Access to Justice Act to any plaintiff challenging a forest
management activity carried out under this Act.
Section 302. Injunctive relief
Subsection (a) of section 302 provides that any court
reviewing a Forest Service action must weigh the benefits of
taking short-term action against the potential long-term harm
of inaction (fire, etc.).
Subsection (b) limits the time period of a preliminary
injunction to 60 days. The Subsection further allows
injunctions to be renewed an unlimited number of times
following updated information provided to the court by the
parties in the action.
SUBTITLE B--FOREST MANAGEMENT ACTIVITY ARBITRATION PROGRAM
Section 311. Use of arbitration instead of litigation to address
challenges to forest management activities
Subsection (a) of section 311 directs the Secretaries to
establish a pilot program to resolve lawsuits filed against a
forest management activity. The subsection further provides
that a project may be settled through arbitration at the sole
discretion of the Secretary. It also limits the maximum number
of projects that may be arbitrated to 10 per Forest Service
Region.
Subsection (b) requires that a demand for arbitration be
filed within 30 days after the forest management activity was
initiated and requires the demand to include a proposed
alternative to the forest management activity. The subsection
further requires that an intervening party endorse either the
forest management activity put forward by the Secretary
concerned, the alternative proposal put forward in the demand
for arbitration, or their own proposal and allows multiple
interveners to join together to submit a joint proposal.
Subsection (c) directs the Secretary concerned to develop a
list of 20 or more individuals to serve as arbitrators under
this program. It further requires arbitrators under this
section be certified by the American Arbitration Association.
The subsection directs the Secretary concerned and the objector
to agree on a mutually acceptable arbitrator for the case
within 14 days. If an agreement is not reached within 14 days,
the Secretary concerned may appoint an arbitrator from the
list.
Subsection (d) prohibits an appointed arbitrator from
modifying proposals. The subsection requires the arbitrator to
select the forest management activity proposed by the Forest
Service or an alternative proposal submitted with the demand
for arbitration of an intervening party taking into account the
effects of each option on forest health, habitat diversity,
wildfire potential, insect and disease potential, and timber
production, among other considerations. It clarifies that the
decision of the arbitrator shall not be considered a major
Federal action, is binding, and is not subject to further
judicial review. The subsection also requires that the
arbitration be completed within 90 days after the demand for
arbitration is filed.
Title IV--Secure Rural Schools and Community Self-Determination Act
Amendments
Section 401. Use of reserved funds for Title II projects on Federal
land and certain non-Federal land
Subsection (a) amends section 204(e) of the Secure Rural
Schools and Community Self-Determination Act of 2000 to
eliminate the `sorting yard' requirement.
Subsection (b) amends section 204 of the Secure Rural
Schools and Community Self-Determination Act of 2000 to require
50% of Title II funds be spent on projects which include sale
of forest products and meet land management objectives.
Section 402. Resource Advisory Committees
Subsection (a) amends section 205(a)(4) of the Secure Rural
Schools and Community Self-Determination Act of 2000 to extend
Title II Resource Advisory Committee (RAC) functions,
membership through FY 2022.
Subsection (b) requires new members to be appointed from
within RAC geographic area or charters and allows RAC's to
function with reduced membership. RAC's are required to have
balanced representation from environmental, industry, and
government interests.
Subsection (c) is a conforming amendment.
Subsection (d) adds a requirement for members of the RAC to
reside in the county or adjacent county where the RAC has
jurisdiction. It further allows for a designee of the Secretary
to perform certain functions.
Sec. 403. Program for Title II self-sustaining Resource Advisory
Committee projects
Subsection (a) amends Title II of the Secure Rural Schools
and Community Self-Determination Act of 2000 by authorizing the
Chief of the Forest Service to choose ten RACs that may retain
revenue from projects to fund future projects that accomplish
forest management objectives.
Sec. 404. Additional authorized use of reserved funds for Title III
county projects
Section 404 amends section 302(a) of the Secure Rural
Schools and Community Self-Determination Act of 2000 to allow
search and rescue funding to also be spent on patrols,
training, and equipment purchases.
Sec. 405. Treatment as supplemental funding
Subsection (a) of section 405 amends section 102 of the
Secure Rural Schools and Community Self-Determination Act of
2000 by adding a new subsection that prohibits funds made
available to a beneficiary county or other political
subdivision to be used in lieu of or offset State funding
sources for local schools, facilities, or educational purposes.
Subsection (b) clarifies that payments shall continue to be
made as direct payments.
Title V--Stewardship End Result Contracting
Sec. 501. Cancellation ceilings for stewardship end result contracting
projects
Subsection (a) amends section 604 of the Healthy Forest
Restoration Act of 2003--the Stewardship Contracting
Authority--so the Forest Service is no longer required to set
aside money in the event a stewardship contract is cancelled.
Sec. 502. Excess offset value
Section 502 amends section 604(g)(2) of the Healthy Forests
Restoration Act of 2003 to dictate the use of excess funds in
instances in which the value of forest products exceeds the
value of the resource improvement treatments to satisfy any
outstanding liabilities or other authorized stewardship
projects.
Sec. 503. Payment of portion of stewardship project revenues to county
in which stewardship project occurs
Section 503 amends section 604(e) of the Healthy Forest
Restoration Act of 2003. The Forest Service is currently
required to cover potential losses in capital expenditures by a
contractor in rare cases (such as if there is a significantly
extended government shutdown and the contractor cannot operate
as a result). This would allow the Forest Service to use funds
that were deposited in these accounts for additional project
work.
Sec. 504. Submission of existing annual report
Section 504 amends section 604(j) of the Healthy Forests
Restoration Act of 2003 by amending a report required under
stewardship contracting authorities.
Sec. 505. Fire liability provision
Section 505 amends section 604(d) of the Healthy Forest
Restoration Act of 2003 to allow a contractor to request a
stewardship contract be modified to include fire liability
provisions as otherwise provided for in integrated resources
timber contracts or timber sale contracts pursuant to NFMA.
Sec. 506. Extension of stewardship contracting maximum term limits
Section 506 amends section 604.
Title VI--Additional Funding Sources for Forest Management Activities
Sec. 601. Definitions
Section 601 is the definitions section for the purposes of
the title.
Sec. 602. Availability of stewardship project revenues and
collaborative forest landscape restoration fund to cover forest
management activity planning costs
Subsection (a) amends section 604 of the Healthy Forests
Restoration Act of 2003 to allow the Forest Service to use up
to 25% of Stewardship Contracting funds for planning projects.
Currently law prohibits the use of funds for planning.
Subsection (b) is a conforming amendment in the Omnibus
Public Land Management Act of 2009.
Sec. 603. State-Supported planning of forest management activities
Subsection (a) establishes the ``State-Supported Forest
Management Fund,'' which allows for state or other entities to
contribute funds for forest management activities.
Subsection (b) allows the Fund to consist of amounts that
are contributed by an eligible entity, appropriated to the
Fund, or generated by forest management activities.
Subsection (c) allows an eligible entity to specify and
limit the types of forest management activates for which the
contribution may be expended.
Subsection (d) authorizes expenditures from the Fund to
plan, carry out, or monitor a forest management activity
developed through a collaborative process, proposed by a RAC,
on lands identified as suitable.
Subsection (e) allows for the Fund to be used to carry out
a project through Stewardship Contracting, good neighbor
authority, a timber sale, or other authority available.
Revenues generated by the forest management activity shall be
used to reimburse the Fund for planning costs covered by the
Fund.
Subsection (f) provides that revenue sharing with counties
shall apply to revenues generated by activities carried out by
the fund. The provisions of Knutson-Vandenberg shall apply to
projects carried out using the Fund.
Subsection (g) terminates the Fund's authority on September
30, 2025. Any unobligated contributions remaining in the fund
at termination will be returned to the eligible entity that
made the contribution.
Title VII--Tribal Forestry Participation and Protection
Sec. 701. Protection of Tribal forest assets through use of stewardship
end result contracting and other authorities
Subsection (a) amends section 2(b) of the Tribal Forest
Protection Act of 2004. Federal land management agencies would
have 120 days to respond to Tribal request for forest
management on agency lands and two years to complete the
analysis.
Subsection (b) includes conforming amendments.
Sec. 702. Management of Indian forest land authorized to include
related National Forest System lands and public lands
Section 702 amends section 305 of the National Indian
Forest Resources Management Act to give authority to Indian
Tribes to request to conduct forest management activities on
Federal lands where they have a Tribal interest. The authority
to conduct those activities would come from authorities on
Indian lands.
Sec. 703. Tribal forest management demonstration project
Section 703 authorizes demonstration projects through which
Tribes may contract to perform administrative, management, and
other functions of the Tribal Forest Protection Act.
Sec. 704. Rule of application
Section 704 clarifies that nothing in this title diminishes
or interferes with the authorities or responsibilities of any
state to manage fish and wildlife.
Title VIII--Expediting Interagency Consultation
SUBTITLE A--FOREST PLANS NOT CONSIDERED MAJOR FEDERAL ACTIONS
Sec. 801. Forest plans not considered major Federal actions
Section 801 dictates that the development, maintenance,
amendment, or revision of a forest plan is not subject to NEPA.
SUBTITLE B--AGENCY CONSULTATION
Sec. 811. Consultation under Forest and Rangeland Renewable Resources
Planning Act of 1974
Subsection (a) amends section 6(d) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 to clarify
that: (1) Consultation under Section 7 of the Endangered
Species Act is not required for an adopted land management plan
for species listed, or critical habitat designated, after the
adoption of the plan; (2) Consultation under Section 7 of the
ESA is still required for projects conducted pursuant to a
management plan, and for modifications to a land management
plan that would result in a significant change; and (3) for the
purposes of implementing ESA a forest management activity
carried out pursuant to this Act shall be considered non-
discretionary.
Subsection (b) updates the definition of Secretary for the
purposes of the Forest and Rangeland Renewable Resources
Planning Act of 1974.
Sec. 812. Consultation under Federal Land Policy and Management Act of
1976
Section 812 amends the Federal Land Policy and Management
Act of 1976 to clarify that: (1) Consultation under Section 7
of the Endangered Species Act is not required for an adopted
land management plan for species listed, or critical habitat
designated, after the adoption of the plan; and (2)
Consultation under Section 7 of the ESA is still required for
projects conducted pursuant to a management plan, and for
modifications to a land management plan that would result in a
significant change.
Title IX--Miscellaneous
SUBTITLE A--FOREST MANAGEMENT PROVISIONS
Sec. 901. Clarification of existing categorical exclusion authority
related to insect and disease infestation.
Section 901 builds upon amendments the Agricultural Act of
2014 made to the Healthy Forests Restoration Act to include
Fire Regime IV (Lodgepole pine) in the Insect & Disease
Categorical Exclusion included in the Farm Bill. This was
inadvertently left out of the original legislation even though
Fire Regime I, II, and III were included.
Sec. 902. Revision of alternate consultation agreement regulations
Section 901 directs the Secretary of the Interior and
Secretary of Commerce to promulgate a rule authorizing Federal
agencies to enter into alternate consultation agreements that
would not require formal or informal consultation under Section
7 of the ESA if an agency action is found not likely to
adversely affect a listed species or critical habitat.
Sec. 903. Revision of extraordinary circumstances regulations
Subsection (a) and (b) direct the Secretary to initiate a
rulemaking to clarify that the following project
characteristics do not need to be examined as part of
determining whether extraordinary circumstances preclude a CE
under NEPA: whether a project is within a proposed wilderness
area; whether a project impacts a FS sensitive species; the
cumulative impact of a project when added to other past,
present, and reasonably foreseeable future actions; whether a
project may affect, but is not likely to adversely affect, a
listed species or designated critical habitat; and whether a
project may affect, and is likely to adversely affect, a listed
species or designated critical habitat, if the project is in
compliance with the applicable provisions of the biological
opinion.
Subsection (c) eliminates the requirement to perform an
environmental impact statement for all projects that would
substantially alter a potential wilderness area.
Subsection (d) requires that the rulemaking be complete
within 120 days of enactment.
Sec. 904. Conditions on Forest Service road decommissioning
Subsection (a) requires that when the Forest Service is
considering decommissioning a road in a fire-prone area, the
Forest Service shall consult with the local government and
consider alternatives before taking final action.
Subsection (b) requires advance approval by the Regional
Forester before any road is decommissioned.
Sec. 905. Prohibition on application of Eastside Screens requirements
on National Forest System lands
Subsection (a) eliminates the restriction of the Northwest
Forest plan interim management direction that no trees over 21
inches could be cut east of the Cascades in Oregon and
Washington states.
Subsection (b) applies the effect of subsection (a) to all
National Forest System lands.
Sec. 906. Use of site-specific forest plan amendments for certain
projects and activities
Section 906 allows the Forest Service to amend forest plans
as nonsignificant plan amendments in certain instances.
Sec. 907. Knutson-Vandenberg Act modifications
Subsection (a) amends section 3(a) of the Act of June 9,
1930 to require the Forest Service to use Knutson-Vandenberg
authorities for certain purchases.
Subsection (b) allows the use of Knutson-Vandenberg funds
on any National Forest within the Forest Service Region. The
subsection further prohibits the Secretary to charge Knutson-
Vandenberg with overhead costs for forest management projects.
Sec. 908. Application of Northwest Forest Plan Survey and Manage
Mitigation Measure Standard and Guidelines
Section 908 dictates that Northwest Forest Plan Survey and
Manage Mitigation Measure Standard and Guidelines shall not
apply to any National Forest System lands or public lands.
Sec. 909. Reconstruction and repair included in good neighbor
agreements
Section 909 amends the Agricultural Act of 2014's good
neighbor authority to include the construction, reconstruction,
repair or restoration of paved or permanent roads, parking
areas, public buildings, or public works as allowable services
in good neighbor agreements.
Sec. 910. Logging and mechanized operations
Section 910 amends the Fair Labor Standards Act of 1938 to
allow 16 and 17 year olds to participate in a family run
mechanized logging operation.
SUBTITLE B--OREGON AND CALIFORNIA RAILROAD GRANT LANDS AND COOS BAY
WAGON ROAD GRANT LANDS
Sec. 911. Amendments to the Act of August 28, 1937
The section amends the Act of August 28, 1937 to clarify
that the timber produced from Oregon and California and Coos
Bay Wagon Roads grant lands should be the greater of
500,000,000 board feet or the annual sustained yield of the
lands.
Sec. 912. Oregon and California Railroad grant lands and Coos Bay Wagon
Road grant lands permanent rights of access
Subsection (a) makes rights-of-way established by the
Secretary of the Interior on Coos Bay Wagon Road lands
permanent and recordable.
Subsection (b) directs the Secretary of the Interior to
record the rights-of-way made permanent under part (a) with the
county in which they are located within 60 days of the
enactment of this Act.
Sec. 913. Management of Bureau of Land Management lands in western
Oregon
Subsection (a) requires certain Oregon BLM lands in the
Northwest District, Roseburg District, Coos Bay District,
Medford District, and the Klamath Resource Area of the Lakeview
District to be managed pursuant to the laws governing the
management of the Oregon and California and Coos Bay Wagon
Roads grant lands.
SUBTITLE C--TIMBER INNOVATION
Sec. 921. Definitions
Section 921 provides the relevant definitions for the
purposes of the subtitle.
Sec. 922. Clarification of research and development program for wood
building construction
Subsection (a) of section 922 directs the Secretary to
conduct performance driven research and development, education,
and technical assistance for the purpose of facilitating the
use of innovative wood products in wood building construction.
Subsection (b) requires the Secretary to collaborate with
the wood products industry, conservation organizations, and
institutions of higher education to meet these objectives at
the Forest Products Laboratory or through the State and Private
Forestry deputy area to achieve measurable performance goals.
The subsection further requires the Secretary to make
competitive grants to institutions of higher education to meet
these measurable performance goals.
Subsection (c) identifies key priorities that are to be the
focus of the research and development, education, and technical
assistance to be conducted under the bill, including;
commercialization, safety, life cycle environmental footprint,
implications on wildlife, and other research areas.
Subsection (d) calls for a timeframe of 5-years to achieve
the measurable performance goals called for under the bill.
Title X--Major Disaster for Wildfire on Federal Land
Sec. 1001. Wildfire on Federal lands
Section 1001 amends the Robert T. Stafford Disaster Relief
and Emergency Assistance Act to define a major disaster for
wildfire on Federal lands.
Sec. 1002. Declaration of a major disaster for wildfire on Federal
lands
Section 1002 amends the Robert T. Stafford Disaster Relief
and Emergency Assistance Act to establish the procedure for
requesting a declaration of a major disaster for wildfire on
Federal lands and provides for monetary assistance.
Sec. 1003. Prohibition on transfers
Section 1003 prohibits the transfer of funds between
wildfire suppression accounts and other accounts not used to
cover the cost of wildfire suppression operations.
Committee Consideration
I. HEARINGS
On April 29, 2015, the Subcommittee on Conservation and
Forestry held a public hearing entitled, Hearing To Review the
National Forest System and Active Forest Management.
Members of the Subcommittee heard testimony and discussed
wildfire prevention and suppression funding; timelines for
implementing the final Farm Bill provisions; the Endangered
Species Act recent lists and the impacts on forests; and
challenges for the U.S. Forest Service. During the hearing, the
following witnesses testified on matters included in H.R. 2936:
The Honorable Tom Tidwell, Chief, U.S. Forest
Service, Washington, D.C.
Ms. Susan Swanson, Executive Director, Allegany
Hardwood Utilization Group, Kane, PA
Ms. Rebecca A. Humphries, Chief Conservation
Officer, National Wild Turkey Federation, Edgefield, SC
Ms. Laura Falk McCarthy, Director of Conservation
Programs, The Nature Conservancy, Santa Fe, NM
Additionally, on March 16, 2017, the Subcommittee on
Conservation and Forestry held a public hearing entitled, The
Next Farm Bill: Forestry Initiatives.
Members of the Subcommittee heard testimony and discussed
the effect that management decisions had on catastrophic
wildfires. They discussed challenges to reducing fuel loads
through the removal of timber and biomass, and needed technical
assistance for private forests owners to manage properly.
During the hearing, the following witnesses testified on
matters included in H.R. 2936:
Mr. George Geissler, C.F., Oklahoma State
Forester; Vice President, National Association of State
Foresters, Oklahoma City, OK
Ms. Susan Benedict, Managing Partner, Beartown
Family Limited Partnership, State College, PA
Mr. Jim D. Neiman, President & CEO, Neiman
Enterprises, Inc., Hulett, WY
Ms. Rebecca A. Humphries, Chief Conservation and
Operations Officer, National Wild Turkey Federation, Edgefield,
SC
Mr. Tom Harbour, Retired National Director, Fire &
Aviation Management, U.S. Forest Service, USDA, Falls Church,
VA
II. FULL COMMITTEE
The Committee on Agriculture met, pursuant to notice, with
a quorum present, on October 4, 2017, to consider H.R. 2936,
the Resilient Federal Forests Act of 2017.
H.R. 2936 was placed before the Committee for
consideration. Without objection, a first reading of the bill
was waived and it was open for amendment at any point. Mr.
Thompson was recognized to offer an Amendment in the Nature of
a Substitute to H.R. 2936. Without objection, Mr. Thompson's
Amendment in Nature of a Substitute was considered as original
text for purposes of amendment.
Chairman Conaway, Mr. Peterson, Mr. Thompson, and Mr. Costa
were recognized for statements. Mr. O'Halleran offered an
amendment to make changes to the NEPA and ESA provisions. This
amendment failed by a voice vote. Mr. O'Halleran also offered
an amendment to add to the Resource Advisory Committee Section.
This amendment also failed by a voice vote. There being no
other amendments, Mr. Peterson was recognized to offer a motion
that the Amendment in the Nature of a Substitute to H.R. 2936
be approved. The Amendment in the Nature of a Substitute was
adopted by a voice vote. Mr. Peterson was then recognized to
offer a motion that the bill H.R. 2936 be reported, as amended,
favorably to the House with recommendation that it do pass. The
motion was subsequently approved by voice vote.
At the conclusion of the meeting, Chairman Conaway advised
Members that pursuant to the rules of the House of
Representatives Members had until October 6, 2017, to file any
supplemental, minority, additional, or dissenting views with
the Committee.
Without objection, staff was given permission to make any
necessary clerical, technical or conforming changes to reflect
the intent of the Committee. Chairman Conaway thanked all the
Members and adjourned the meeting.
Committee Votes
In compliance with clause 3(b) of rule XIII of the House of
Representatives, H.R. 2936 was reported by voice vote with a
majority quorum present. There was no request for a recorded
vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee on Agriculture's
oversight findings and recommendations are reflected in the
body of this report.
Budget Act Compliance (Sections 308, 402, and 423)
The provisions of clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives and section 308(a)(1) of the
Congressional Budget Act of 1974 (relating to estimates of new
budget authority, new spending authority, new credit authority,
or increased or decreased revenues or tax expenditures) are not
considered applicable. The estimate and comparison required to
be prepared by the Director of the Congressional Budget Office
under clause 3(c)(3) of rule XIII of the Rules of the House of
Representatives and sections 402 and 423 of the Congressional
Budget Act of 1974 submitted to the Committee prior to the
filing of this report are as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 24, 2017.
Hon. K. Michael Conaway,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2936, the
Resilient Federal Forests Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall, Director.
Enclosure.
H.R. 2936--Resilient Federal Forests Act of 2017
Summary: H.R. 2936 would increase the share of proceeds
from timber sales that the Bureau of Land Management (BLM) pays
to certain counties in Oregon. CBO estimates that enacting the
bill would increase the amounts the federal government pays to
certain counties in Oregon by $6 million over the 2019-2027
period. Those payments are considered direct spending;
therefore, pay-as-you-go procedures apply. Enacting the
legislation would not affect revenues.
The bill also would change the way the Forest Service
conducts various activities related to forest management.
Finally, the bill would exempt lawsuits challenging certain
forest management activities from the Equal Access to Justice
Act (EAJA). Based on information provided by the Forest
Service, CBO estimates that implementing the bill would cost
$10 million over the 2017-2022 period, assuming appropriation
of the necessary amounts.
CBO also estimates that enacting H.R. 2936 would not
increase net direct spending or on-budget deficits by more than
$5 billion in any of the four consecutive 10-year periods
beginning in 2028.
H.R. 2936 would impose intergovernmental and private-sector
mandates, as defined in the Unfunded Mandates Reform Act (UMRA)
on plaintiffs, including public and private entities that seek
judicial review of some forest management projects on federal
lands. CBO estimates that the cost of the mandate would fall
below the annual thresholds established in UMRA for
intergovernmental and private-sector mandates ($78 million and
$156 million in 2017, respectively, adjusted annually for
inflation).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 2936 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2018-2022 2018-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASES IN DIRECT SPENDING
Payments to Counties in Oregon:
Estimated Budget Authority.............................. 0 1 1 1 1 1 1 1 1 1 3 6
Estimated Outlays....................................... 0 1 1 1 1 1 1 1 1 1 3 6
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Administrative Costs:
Estimated Authorization Level........................... 2 2 2 2 2 2 2 2 2 2 20 20
Estimated Outlays....................................... 2 2 2 2 2 2 2 2 2 2 20 20
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Amounts may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that H.R.
2936 will be enacted near the end of 2017 and that the
necessary amounts will be appropriated for each fiscal year.
Estimates of outlays are based on historical spending patterns
for the affected programs.
Direct spending
H.R. 2936 contains several provisions that would affect
direct spending. The bill would increase the amount of payments
that BLM makes to certain counties in Oregon, which CBO
estimates would increase direct spending by $6 million over the
2019-2027 period. Various other provisions also would affect
net direct spending, but CBO estimates those effects would not
be significant over the 2018-2027 period.
Payments to Counties in Oregon. Under current law, BLM
receives proceeds from timber sales that occur on lands
administered by the agency. A portion of those proceeds is paid
to the counties where those sales occurred. The remaining
proceeds are deposited in the U.S. Treasury. Under H.R. 2936,
the amount of proceeds that would be paid to counties from
sales on about 385,000 acres of BLM lands would increase from
four percent to 75 percent beginning in 2019 (Proceeds are
disbursed the year after they are collected.) Based on
information provided by BLM, CBO expects that the affected
lands would generate proceeds totaling about $900,000 a year
over the next 10 years, and we estimate that enacting the bill
would increase payments to Oregon by about $640,000 a year
(from $36,000 to $675,000) over the 2019-2027 period.
Expedited Environmental Reviews and Salvage Operations.
H.R. 2936 would expedite certain activities related to managing
forests, including environmental assessments and harvesting of
salvage timber after natural disasters or certain other events.
Based on information provided by the Forest Service, CBO
expects that enacting those provisions could affect the timing
of certain salvage timber sales; however, we estimate that
expediting those sales would have no significant net effect on
offsetting receipts in any year.
Stewardship Contracting. The bill would allow the Forest
Service and BLM to determine the amount of appropriated funds
they reserve to pay for the costs of canceling certain
stewardship contracts. Under the Antideficiency Act, federal
agencies cannot spend funds in excess of amounts specifically
made available to the agency. Because, under the bill, the
agencies might reserve insufficient funds to cover all the
costs of canceled contracts, the legislation would effectively
allow them to obligate sums greater than the appropriations
they have available when they enter into the contracts--thus
creating direct spending authority. However, the amount of
funds set aside to cover cancellation costs for all multi-year
stewardship contracts over the last 10 years averaged less than
$200,000 a year, and no contracts were cancelled over that
period. We expect the agencies to continue to administer the
stewardship contracting program in a similar way in the future;
therefore, CBO estimates that enacting this provision would
have a negligible effect on direct spending.
The legislation also would amend the Healthy Forests
Restoration Act to allow proceeds from activities conducted
under stewardship contracts to be spent for various purposes,
including providing certain direct payments to counties. The
Forest Service has the authority under current law to retain
and spend those proceeds; therefore, CBO estimates that
enacting those provisions would have no net effect on direct
spending.
Elimination of Certain Restrictions on Timber Harvesting.
The bill would prohibit the Forest Service from enforcing
provisions in existing land use plans that limit timber
harvesting in certain areas to trees less than 21 inches in
diameter. Because CBO expects that under the bill the Forest
Service would shift certain timber sales from areas with low-
value timber to areas with higher-value timber, enacting this
provision would probably increase offsetting receipts from
timber sales relative to current law. However, based on
information provided by the agency, CBO estimates that any
increase in receipts would not be significant in any year.
Lawsuits Related to Certain Activities Related to Forest
Management. H.R. 2936 would exempt lawsuits related to certain
forest management activities from EAJA, which requires the
federal government to pay attorneys' fees for certain
plaintiffs that prevail in lawsuits against the United States.
Based on information from the Forest Service regarding the
number of plaintiffs likely to be affected, CBO estimates that
enacting those provisions would reduce direct spending by a
negligible amount each year.
Spending subject to appropriation
H.R. 2936 contains several provisions that could affect
discretionary spending. The bill would prohibit the Forest
Service from using amounts in the Knutson-Vandenberg Trust Fund
(K-V Fund) to cover certain administrative costs and would make
funds available, subject to appropriation, for forest
management and firefighting activities. In total, CBO estimates
that implementing the legislation would cost $10 million over
the 2018-2022 period, assuming appropriation of the necessary
amounts.
Limit on the Use of Certain Funds for Administrative Costs.
The K-V Fund consists of amounts generated by timber sales that
can be retained and spent by the Forest Service to carry out
activities related to forest management. The bill would
prohibit the agency from using amounts in the K-V Fund to cover
administrative costs for personnel working outside of ranger
districts where those funds were generated. Under current law,
the Forest Service spends, without annual appropriation, about
$2 million a year from the K-V Fund for that purpose. If those
amounts were no longer available for administrative purposes,
CBO expects additional appropriations would be necessary to
cover the cost of those activities. Based on information from
the Forest Service, CBO expects this provision would not change
total spending from the K-V Fund and thus have no effect on
direct spending.
State-supported Forest Management. H.R. 2936 would allow
states to contribute money to a new federal fund and, subject
to appropriation of those contributions, direct the Forest
Service to use the funds to carry out certain activities
related to managing forests. Any proceeds generated by those
activities also would be deposited in the fund. CBO expects
that states would not contribute to the fund until the Congress
provided authority in future appropriations acts to spend
amounts in the fund; therefore, we estimate that enacting this
provision would not affect the federal budget.
Arbitration Pilot Program. The bill would require the
Secretary of Agriculture and the Secretary of the Interior to
establish pilot programs to settle disputes over forest
management activities through arbitration. Under the bill, each
secretary would be allowed to use arbitration up to 10 times
each year. Based on the small number of disputes that would be
handled using arbitration, CBO estimates that implementing the
pilot program would have no significant effect on the federal
budget.
Timber Innovation Grants. H.R. 2936 would codify an
existing grant program to promote the use of wood as a
construction material in commercial buildings. In 2017, the
Forest Service allocated $4 million to carry out that program.
Because the agency is already conducting the program under
current law, CBO estimates that implementing provisions in the
bill related to the timber innovation grant program would not
affect the federal budget.
Major Disaster Declarations for Wildfires. The bill would
authorize the Secretary of Agriculture and the Secretary of the
Interior to declare a major disaster if the amounts available
for fighting wildfires would not be sufficient to fund those
operations for the entire fiscal year. If either secretary
makes such a declaration, funds provided to a special account
in an appropriations bill would be available to transfer to the
affected agencies to supplement funding to fight wildfires.
Because CBO assumes that the amounts provided to the affected
agencies through appropriations would be sufficient to fund
wildfire suppression activities each year, we estimate that
enacting this provision would have no effect on the federal
budget.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 2936 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON AGRICULTURE ON OCTOBER 4, 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2018-2022 2018-2027
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE IN THE DEFICIT
Statutory Pay-As-You-Go Impact.................... 0 1 1 1 1 1 1 1 1 1 3 6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long-term direct spending and deficits: CBO
also estimates that enacting H.R. 2936 would not increase net
direct spending or on-budget deficits by more than $5 billion
in any of the four consecutive 10-year periods beginning in
2028.
Intergovernmental and private-sector impact: H.R. 2936
would impose intergovernmental and private-sector mandates as
defined in UMRA because it would prohibit or restrict
plaintiffs, including public and private entities, from seeking
a preliminary injunction to temporarily stop activities, such
as salvage logging, on federal lands. Consequently, the bill
would eliminate a right of action for some entities to
challenge proposed forest management projects. The cost of a
mandate that eliminates a right of action would be the forgone
income and value of awards in such cases. Because such losses
would generally not occur for the types of cases involved, CBO
estimates the mandate costs, if any, would fall below the
annual thresholds established in UMRA for intergovernmental and
private-sector mandates ($78 million and $156 million in 2017,
respectively, adjusted annually for inflation).
The bill would benefit public entities, such as state and
local fire agencies, by authorizing federal grants and other
forms of assistance to manage forests on federal and non-
federal lands. Any costs incurred by public entities, including
cost-sharing contributions, would result from participation in
voluntary federal programs.
Previous CBO estimate: On September 7, 2017, CBO
transmitted a cost estimate for H.R. 2936, as ordered reported
by the House Committee on Natural Resources on June 27, 2017.
The two versions of the legislation are similar, and CBO's
estimates of the budgetary effects are the same.
Estimate prepared by: Federal costs: Jeff LaFave;
intergovernmental and private-sector impact: Zach Byrum.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
expedite under the National Environmental Policy Act and
improve forest management activities in units of the National
Forest System derived from the public domain, on public lands
under the jurisdiction of the Bureau of Land Management, and on
tribal lands to return resilience to overgrown, fire-prone
forested lands.
Committee Cost Estimate
Pursuant to clause 3(d)(2) of rule XIII of the Rules of the
House of Representatives, the Committee report incorporates the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to sections 402 and 423 of the
Congressional Budget Act of 1974.
Advisory Committee Statement
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Federal Mandates Statement
The Committee adopted as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
Earmark Statement Required by Clause 9 of Rule XXI of the Rules of
House of Representatives
H.R. 2936 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(e), 9(f), or 9(g) of rule XXI of the Rules of the
House Representatives.
Duplication of Federal Programs
This bill does not establish or reauthorize a program of
the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee does not believe that the legislation directs
an Executive Branch official to conduct any specific rule
making proceedings within the meaning of 5 U.S.C. 551.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000
* * * * * * *
TITLE I--SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL
LAND
* * * * * * *
SEC. 102. PAYMENTS TO STATES AND COUNTIES.
(a) Payment Amounts.--Except as provided in section 103, the
Secretary of the Treasury shall pay to--
(1) a State or territory of the United States an
amount equal to the sum of the amounts elected under
subsection (b) by each county within the State or
territory for--
(A) if the county is eligible for the 25-
percent payment, the share of the 25-percent
payment; or
(B) the share of the State payment of the
eligible county; and
(2) a county an amount equal to the amount elected
under subsection (b) by each county for--
(A) if the county is eligible for the 50-
percent payment, the 50-percent payment; or
(B) the county payment for the eligible
county.
(b) Election To Receive Payment Amount.--
(1) Election; submission of results.--
(A) In general.--The election to receive a
share of the State payment, the county payment,
a share of the State payment and the county
payment, a share of the 25-percent payment, the
50-percent payment, or a share of the 25-
percent payment and the 50-percent payment, as
applicable, shall be made at the discretion of
each affected county by August 1, 2013 (or as
soon thereafter as the Secretary concerned
determines is practicable), and August 1 of
each second fiscal year thereafter, in
accordance with paragraph (2), and transmitted
to the Secretary concerned by the Governor of
each eligible State.
(B) Failure to transmit.--If an election for
an affected county is not transmitted to the
Secretary concerned by the date specified under
subparagraph (A), the affected county shall be
considered to have elected to receive a share
of the State payment, the county payment, or a
share of the State payment and the county
payment, as applicable.
(C) Effect of late payment for fiscal years
2014 and 2015.--The election otherwise required
by subparagraph (A) shall not apply for fiscal
year 2014 or 2015.
(2) Duration of election.--
(A) In general.--A county election to receive
a share of the 25-percent payment or 50-percent
payment, as applicable, shall be effective for
2 fiscal years. If such two-fiscal year period
included fiscal year 2013, the county election
to receive a share of the 25-percent payment or
50-percent payment, as applicable, also shall
be effective for fiscal years 2014 and 2015.
(B) Full funding amount.--If a county elects
to receive a share of the State payment or the
county payment in 2013, the election shall be
effective for all subsequent fiscal years
through fiscal year 2015.
(3) Source of payment amounts.--The payment to an
eligible State or eligible county under this section
for a fiscal year shall be derived from--
(A) any amounts that are appropriated to
carry out this Act;
(B) any revenues, fees, penalties, or
miscellaneous receipts, exclusive of deposits
to any relevant trust fund, special account, or
permanent operating funds, received by the
Federal Government from activities by the
Bureau of Land Management or the Forest Service
on the applicable Federal land; and
(C) to the extent of any shortfall, out of
any amounts in the Treasury of the United
States not otherwise appropriated.
(c) Distribution and Expenditure of Payments.--
(1) Distribution method.--A State that receives a
payment under subsection (a) for Federal land described
in section 3(7)(A) shall distribute the appropriate
payment amount among the appropriate counties in the
State in accordance with--
(A) the Act of May 23, 1908 (16 U.S.C. 500);
and
(B) section 13 of the Act of March 1, 1911
(36 Stat. 963; 16 U.S.C. 500).
(2) Expenditure purposes.--Subject to subsection (d),
payments received by a State under subsection (a) and
distributed to counties in accordance with paragraph
(1) shall be expended as required by the laws referred
to in paragraph (1).
(d) Expenditure Rules for Eligible Counties.--
(1) Allocations.--
(A) Use of portion in same manner as 25-
percent payment or 50-percent payment, as
applicable.--Except as provided in subparagraph
(D), if an eligible county elects to receive
its share of the State payment or the county
payment, not less than 80 percent, but not more
than 85 percent, of the funds shall be expended
in the same manner in which the 25-percent
payments or 50-percent payment, as applicable,
are required to be expended.
(B) Election as to use of balance.--Except as
provided in subparagraph (C), an eligible
county shall elect to do 1 or more of the
following with the balance of any funds not
expended pursuant to subparagraph (A):
(i) Reserve any portion of the
balance for projects in accordance with
title II.
(ii) Reserve not more than 7 percent
of the total share for the eligible
county of the State payment or the
county payment for projects in
accordance with title III.
(iii) Return the portion of the
balance not reserved under clauses (i)
and (ii) to the Treasury of the United
States.
(C) Counties with modest distributions.--In
the case of each eligible county to which more
than $100,000, but less than $350,000, is
distributed for any fiscal year pursuant to
either or both of paragraphs (1)(B) and (2)(B)
of subsection (a), the eligible county, with
respect to the balance of any funds not
expended pursuant to subparagraph (A) for that
fiscal year, shall--
(i) reserve any portion of the
balance for--
(I) carrying out projects
under title II;
(II) carrying out projects
under title III; or
(III) a combination of the
purposes described in
subclauses (I) and (II); or
(ii) return the portion of the
balance not reserved under clause (i)
to the Treasury of the United States.
(D) Counties with minor distributions.--In
the case of each eligible county to which less
than $100,000 is distributed for any fiscal
year pursuant to either or both of paragraphs
(1)(B) and (2)(B) of subsection (a), the
eligible county may elect to expend all the
funds in the same manner in which the 25-
percent payments or 50-percent payments, as
applicable, are required to be expended.
(E) Effect of late payment for fiscal year
2014.--The election made by an eligible county
under subparagraph (B), (C), or (D) for fiscal
year 2013, or deemed to be made by the county
under paragraph (3)(B) for that fiscal year,
shall be effective for fiscal years 2014 and
2015.
(2) Distribution of funds.--
(A) In general.--Funds reserved by an
eligible county under subparagraph (B)(i) or
(C)(i) of paragraph (1) for carrying out
projects under title II shall be deposited in a
special account in the Treasury of the United
States.
(B) Availability.--Amounts deposited under
subparagraph (A) shall--
(i) be available for expenditure by
the Secretary concerned, without
further appropriation; and
(ii) remain available until expended
in accordance with title II.
(3) Election.--
(A) Notification.--The Governor of each
eligible State shall notify the Secretary
concerned of an election by an eligible county
under this subsection not later than September
30, 2012, and each September 30 thereafter for
each succeeding fiscal year.
(B) Failure to elect.--If the Governor of an
eligible State fails to notify the Secretary
concerned of the election for an eligible
county by the date specified in subparagraph
(A)--
(i) the eligible county shall be
considered to have elected to expend 80
percent of the funds in accordance with
paragraph (1)(A); and
(ii) the remainder shall be available
to the Secretary concerned to carry out
projects in the eligible county to
further the purpose described in
section 202(b).
(C) Effect of late payment for fiscal year
2014.--This paragraph does not apply for fiscal
years 2014 and 2015.
(e) Time for Payment.--The payments required under this
section for a fiscal year shall be made as soon as practicable
after the end of that fiscal year.
(f) Treatment as Supplemental Funding.--None of the funds
made available to a beneficiary county 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.
* * * * * * *
TITLE II--SPECIAL PROJECTS ON FEDERAL LAND
SEC. 201. DEFINITIONS.
In this title:
(1) Participating county.--The term ``participating
county'' means an eligible county that elects under
section 102(d) to expend a portion of the Federal funds
received under section 102 in accordance with this
title.
(2) Project funds.--The term ``project funds'' means
all funds an eligible county elects under section
102(d) to reserve for expenditure in accordance with
this title.
(3) Resource advisory committee.--The term ``resource
advisory committee'' means--
(A) an advisory committee established by the
Secretary concerned (or applicable designee (as
defined in section 205(c)(6))) under section
205; or
(B) an advisory committee determined by the
Secretary concerned (or applicable designee (as
defined in section 205(c)(6))) to meet the
requirements of section 205.
(4) Resource management plan.--The term ``resource
management plan'' means--
(A) a land use plan prepared by the Bureau of
Land Management for units of the Federal land
described in section 3(7)(B) 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 units 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).
* * * * * * *
SEC. 204. EVALUATION AND APPROVAL OF PROJECTS BY SECRETARY CONCERNED.
(a) Conditions for Approval of Proposed Project.--The
Secretary concerned may make a decision to approve a project
submitted by a resource advisory committee under section 203
only if the proposed project satisfies each of the following
conditions:
(1) The project complies with all applicable Federal
laws (including regulations).
(2) The project is consistent with the applicable
resource management plan and with any watershed or
subsequent plan developed pursuant to the resource
management plan and approved by the Secretary
concerned.
(3) The project has been approved by the resource
advisory committee in accordance with section 205,
including the procedures issued under subsection (e) of
that section.
(4) A project description has been submitted by the
resource advisory committee to the Secretary concerned
in accordance with section 203.
(5) The project will improve the maintenance of
existing infrastructure, implement stewardship
objectives that enhance forest ecosystems, and restore
and improve land health and water quality.
(b) Environmental Reviews.--
(1) Request for payment by county.--The Secretary
concerned may request the resource advisory committee
submitting a proposed project to agree to the use of
project funds to pay for any environmental review,
consultation, or compliance with applicable
environmental laws required in connection with the
project.
(2) Conduct of environmental review.--If a payment is
requested under paragraph (1) and the resource advisory
committee agrees to the expenditure of funds for this
purpose, the Secretary concerned shall conduct
environmental review, consultation, or other compliance
responsibilities in accordance with Federal laws
(including regulations).
(3) Effect of refusal to pay.--
(A) In general.--If a resource advisory
committee does not agree to the expenditure of
funds under paragraph (1), the project shall be
deemed withdrawn from further consideration by
the Secretary concerned pursuant to this title.
(B) Effect of withdrawal.--A withdrawal under
subparagraph (A) shall be deemed to be a
rejection of the project for purposes of
section 207(c).
(c) Decisions of Secretary Concerned.--
(1) Rejection of projects.--
(A) In general.--A decision by the Secretary
concerned to reject a proposed project shall be
at the sole discretion of the Secretary
concerned.
(B) No administrative appeal or judicial
review.--Notwithstanding any other provision of
law, a decision by the Secretary concerned to
reject a proposed project shall not be subject
to administrative appeal or judicial review.
(C) Notice of rejection.--Not later than 30
days after the date on which the Secretary
concerned makes the rejection decision, the
Secretary concerned shall notify in writing the
resource advisory committee that submitted the
proposed project of the rejection and the
reasons for rejection.
(2) Notice of project approval.--The Secretary
concerned shall publish in the Federal Register notice
of each project approved under subsection (a) if the
notice would be required had the project originated
with the Secretary.
(d) Source and Conduct of Project.--Once the Secretary
concerned accepts a project for review under section 203, the
acceptance shall be deemed a Federal action for all purposes.
(e) Implementation of Approved Projects.--
(1) Cooperation.--Notwithstanding chapter 63 of title
31, United States Code, using project funds the
Secretary concerned may enter into contracts, grants,
and cooperative agreements with States and local
governments, private and nonprofit entities, and
landowners and other persons to assist the Secretary in
carrying out an approved project.
(2) Best value contracting.--
(A) In general.--For any project involving a
contract authorized by paragraph (1) the
Secretary concerned may elect a source for
performance of the contract on a best value
basis.
(B) Factors.--The Secretary concerned shall
determine best value based on such factors as--
(i) the technical demands and
complexity of the work to be done;
(ii)(I) the ecological objectives of
the project; and
(II) the sensitivity of the resources
being treated;
(iii) the past experience by the
contractor with the type of work being
done, using the type of equipment
proposed for the project, and meeting
or exceeding desired ecological
conditions; and
(iv) the commitment of the contractor
to hiring highly qualified workers and
local residents.
[(3) Merchantable timber contracting pilot program.--
[(A) Establishment.--The Secretary concerned
shall establish a pilot program to implement a
certain percentage of approved projects
involving the sale of merchantable timber using
separate contracts for--
[(i) the harvesting or collection of
merchantable timber; and
[(ii) the sale of the timber.
[(B) Annual percentages.--Under the pilot
program, the Secretary concerned shall ensure
that, on a nationwide basis, not less than the
following percentage of all approved projects
involving the sale of merchantable timber are
implemented using separate contracts:
[(i) For fiscal year 2008, 35
percent.
[(ii) For fiscal year 2009, 45
percent.
[(iii) For fiscal year 2010 and
fiscal years thereafter, 50 percent.
[(C) Inclusion in pilot program.--The
decision whether to use separate contracts to
implement a project involving the sale of
merchantable timber shall be made by the
Secretary concerned after the approval of the
project under this title.
[(D) Assistance.--
[(i) In general.--The Secretary
concerned may use funds from any
appropriated account available to the
Secretary for the Federal land to
assist in the administration of
projects conducted under the pilot
program.
[(ii) Maximum amount of assistance.--
The total amount obligated under this
subparagraph may not exceed $1,000,000
for any fiscal year during which the
pilot program is in effect.
[(E) Review and report.--
[(i) Initial report.--Not later than
September 30, 2010, the Comptroller
General shall submit to the Committees
on Agriculture, Nutrition, and Forestry
and Energy and Natural Resources of the
Senate and the Committees on
Agriculture and Natural Resources of
the House of Representatives a report
assessing the pilot program.
[(ii) Annual report.--The Secretary
concerned shall submit to the
Committees on Agriculture, Nutrition,
and Forestry and Energy and Natural
Resources of the Senate and the
Committees on Agriculture and Natural
Resources of the House of
Representatives an annual report
describing the results of the pilot
program.]
[(f) Requirements for Project Funds.--The Secretary shall
ensure that at least 50 percent of all project funds be used
for projects that are primarily dedicated--
[(1) to road maintenance, decommissioning, or
obliteration; or
[(2) to restoration of streams and watersheds.]
(f) Requirements for Project Funds.--
(1) In general.--Subject to paragraph (2), the
Secretary concerned shall ensure that at least 50
percent of the project funds reserved by a
participating county under section 102(d) shall be
available only for projects that--
(A) include the sale of timber or other
forest products, reduce fire risks, or improve
water supplies; and
(B) implement stewardship objectives that
enhance forest ecosystems or restore and
improve land health and water quality.
(2) Applicability.--The requirement in paragraph (1)
shall apply only to project funds reserved by a
participating county whose boundaries include Federal
land that the Secretary concerned determines has been
subject to a timber or other forest products program
within 5 fiscal years before the fiscal year in which
the funds are reserved.
SEC. 205. RESOURCE ADVISORY COMMITTEES.
(a) Establishment and Purpose of Resource Advisory
Committees.--
(1) Establishment.--The Secretary concerned (or
applicable designee) shall establish and maintain
resource advisory committees to perform the duties in
subsection (b), except as provided in paragraph (4).
(2) Purpose.--The purpose of a resource advisory
committee shall be--
(A) to improve collaborative relationships;
and
(B) to provide advice and recommendations to
the land management agencies consistent with
the purposes of this title.
(3) Access to resource advisory committees.--To
ensure that each unit of Federal land has access to a
resource advisory committee, and that there is
sufficient interest in participation on a committee to
ensure that membership can be balanced in terms of the
points of view represented and the functions to be
performed, the Secretary concerned (or applicable
designee) may, establish resource advisory committees
for part of, or 1 or more, units of Federal land.
(4) Existing advisory committees.--
(A) In general.--An advisory committee that
meets the requirements of this section, a
resource advisory committee established before
September 29, [2012] 2022, or an advisory
committee determined by the Secretary concerned
(or applicable designee) before September 29,
[2012] 2022, to meet the requirements of this
section may be deemed by the Secretary
concerned (or applicable designee) to be a
resource advisory committee for the purposes of
this title.
(B) Charter.--A charter for a committee
described in subparagraph (A) that was filed on
or before September 29, [2012] 2022, shall be
considered to be filed for purposes of this
Act.
(C) Bureau of land management advisory
committees.--The Secretary of the Interior may
deem a resource advisory committee meeting the
requirements of subpart 1784 of part 1780 of
title 43, Code of Federal Regulations, as a
resource advisory committee for the purposes of
this title.
(b) Duties.--A resource advisory committee shall--
(1) review projects proposed under this title by
participating counties and other persons;
(2) propose projects and funding to the Secretary
concerned under section 203;
(3) provide early and continuous coordination with
appropriate land management agency officials in
recommending projects consistent with purposes of this
Act under this title;
(4) provide frequent opportunities for citizens,
organizations, tribes, land management agencies, and
other interested parties to participate openly and
meaningfully, beginning at the early stages of the
project development process under this title;
(5)(A) monitor projects that have been approved under
section 204; and
(B) advise the designated Federal official on the
progress of the monitoring efforts under subparagraph
(A); and
(6) make recommendations to the Secretary concerned
(or applicable designee) for any appropriate changes or
adjustments to the projects being monitored by the
resource advisory committee.
(c) Appointment by the Secretary Or Applicable Designee.--
(1) Appointment and term.--
(A) In general.--The Secretary concerned (or
applicable designee), shall appoint the members
of resource advisory committees for a term of 4
years beginning on the date of appointment.
(B) Reappointment.--The Secretary concerned
(or applicable designee) may reappoint members
to subsequent 4-year terms.
(2) Basic requirements.--The Secretary concerned (or
applicable designee) shall ensure that each resource
advisory committee established meets the requirements
of subsection (d).
(3) Initial appointment.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary concerned shall make initial appointments to
the resource advisory committees.
(4) Vacancies.--The Secretary concerned (or
applicable designee) shall make appointments to fill
vacancies on any resource advisory committee as soon as
practicable after the vacancy has occurred.
(5) Compensation.--Members of the resource advisory
committees shall not receive any compensation.
(6) Applicable designee.--In this section, the term
``applicable designee'' means--
(A) with respect to Federal land described in
section 3(7)(A), the applicable Regional
Forester; and
(B) with respect to Federal land described in
section 3(7)(B), the applicable Bureau of Land
Management State Director.
(d) Composition of Advisory Committee.--
(1) Number.--Each resource advisory committee shall
be comprised of [15 members] 9 members.
(2) Community interests represented.--Committee
members shall be representative of the interests of the
following 3 categories:
(A) [5 persons] 3 persons that--
(i) represent organized labor or non-
timber forest product harvester groups;
(ii) represent developed outdoor
recreation, off highway vehicle users,
or commercial recreation activities;
(iii) represent--
(I) energy and mineral
development interests; or
(II) commercial or
recreational fishing interests;
(iv) represent the commercial timber
industry; or
(v) hold Federal grazing or other
land use permits, or represent
nonindustrial private forest land
owners, within the area for which the
committee is organized.
(B) [5 persons] 3 persons that represent--
(i) nationally recognized
environmental organizations;
(ii) regionally or locally recognized
environmental organizations;
(iii) dispersed recreational
activities;
(iv) archaeological and historical
interests; or
(v) nationally or regionally
recognized wild horse and burro
interest groups, wildlife or hunting
organizations, or watershed
associations.
(C) [5 persons] 3 persons that--
(i) hold State elected office (or a
designee);
(ii) hold county or local elected
office;
(iii) represent American Indian
tribes within or adjacent to the area
for which the committee is organized;
(iv) are school officials or
teachers; or
(v) represent the affected public at
large.
(3) Balanced representation.--In appointing committee
members from the 3 categories in paragraph (2), the
Secretary concerned (or applicable designee) shall
provide for balanced and broad representation from
within each category, consistent with the requirements
of paragraph (4).
[(4) Geographic distribution.--The members of a
resource advisory committee shall reside within the
State in which the committee has jurisdiction and, to
extent practicable, the Secretary concerned shall
ensure local representation in each category in
paragraph (2).]
(4) Geographic distribution.--The members of a
resource advisory committee shall reside within the
county or counties in which the committee has
jurisdiction or an adjacent county.
(5) Chairperson.--A majority on each resource
advisory committee shall select the chairperson of the
committee.
(e) Approval Procedures.--
(1) In general.--Subject to paragraph (3), each
resource advisory committee shall establish procedures
for proposing projects to the Secretary concerned under
this title.
(2) Quorum.--A quorum must be present to constitute
an official meeting of the committee.
(3) Approval by majority of members.--A project may
be proposed by a resource advisory committee to the
Secretary concerned under section 203(a), if the
project has been approved by a majority of members of
the committee from each of the 3 categories in
subsection (d)(2).
(f) Other Committee Authorities and Requirements.--
(1) Staff assistance.--A resource advisory committee
may submit to the Secretary concerned (or applicable
designee) a request for periodic staff assistance from
Federal employees under the jurisdiction of the
Secretary (or applicable designee).
(2) Meetings.--All meetings of a resource advisory
committee shall be announced at least 1 week in advance
in a local newspaper of record and shall be open to the
public.
(3) Records.--A resource advisory committee shall
maintain records of the meetings of the committee and
make the records available for public inspection.
* * * * * * *
SEC. 209. PROGRAM FOR SELF-SUSTAINING RESOURCE ADVISORY COMMITTEE
PROJECTS.
(a) RAC Program.--The Chief of the Forest Service shall
conduct a program (to be known as the ``self-sustaining
resource advisory committee program'' or ``RAC program'') under
which 10 resource advisory committees will propose projects
authorized by subsection (c) to be carried out using project
funds reserved by a participating county under section 102(d).
(b) Selection of Participating Resource Advisory
Committees.--The selection of resource advisory committees to
participate in the RAC program is in the sole discretion of the
Chief of the Forest Service.
(c) Authorized Projects.--Notwithstanding the project
purposes specified in sections 202(b), 203(c), and 204(a)(5),
projects under the RAC program are intended to--
(1) accomplish forest management objectives or
support community development; and
(2) generate receipts.
(d) Deposit and Availability of Revenues.--Any revenue
generated by a project conducted under the RAC program,
including any interest accrued from the revenues, shall be--
(1) deposited in the special account in the Treasury
established under section 102(d)(2)(A); and
(2) available, in such amounts as may be provided in
advance in appropriation Acts, for additional projects
under the RAC program.
(e) Termination of Authority.--
(1) In general.--The authority to initiate a project
under the RAC program shall terminate on September 30,
2022.
(2) Deposits in treasury.--Any funds available for
projects under the RAC program and not obligated by
September 30, 2023, shall be deposited in the Treasury
of the United States.
TITLE III--COUNTY FUNDS
* * * * * * *
SEC. 302. USE.
(a) Authorized Uses.--A participating county, including any
applicable agencies of the participating county, shall use
county funds, in accordance with this title, only--
(1) to carry out activities under the Firewise
Communities program to provide to homeowners in fire-
sensitive ecosystems education on, and assistance with
implementing, techniques in home siting, home
construction, and home landscaping that can increase
the protection of people and property from wildfires;
(2) to reimburse the participating county for search
and rescue and other emergency services, including
firefighting and law enforcement patrols, that are--
(A) performed on Federal land after the date
on which the use was approved under subsection
(b); and
(B) paid for by the participating county;
[and]
(3) to cover training costs and equipment purchases
directly related to the emergency services described in
paragraph (2); and
[(3)] (4) to develop and carry out community wildfire
protection plans in coordination with the appropriate
Secretary concerned.
(b) Proposals.--A participating county shall use county funds
for a use described in subsection (a) only after a 45-day
public comment period, at the beginning of which the
participating county shall--
(1) publish in any publications of local record a
proposal that describes the proposed use of the county
funds; and
(2) submit the proposal to any resource advisory
committee established under section 205 for the
participating county.
* * * * * * *
TITLE IV--MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 403. TREATMENT OF FUNDS AND REVENUES.
(a) Relation to Other Appropriations.--Funds made available
under section 402 and funds made available to a Secretary
concerned under section 206 shall be in addition to any other
annual appropriations for the Forest Service and the Bureau of
Land Management.
(b) Deposit of Revenues and Other Funds.--[All revenues]
Except as provided in section 209, all revenues generated from
projects pursuant to title II, including any interest accrued
from the revenues, shall be deposited in the Treasury of the
United States.
* * * * * * *
----------
HEALTHY FORESTS RESTORATION ACT OF 2003
* * * * * * *
TITLE VI--MISCELLANEOUS
* * * * * * *
SEC. 603. ADMINISTRATIVE REVIEW.
(a) In General.--Except as provided in subsection (d), a
project described in subsection (b) that is conducted in
accordance with section 602(d) may be--
(1) considered an action categorically excluded from
the requirements of Public Law 91-190 (42 U.S.C. 4321
et seq.); and
(2) exempt from the special administrative review
process under section 105.
(b) Collaborative Restoration Project.--
(1) In general.--A project referred to in subsection
(a) is a project to carry out forest restoration
treatments that--
(A) maximizes the retention of old-growth and
large trees, as appropriate for the forest
type, to the extent that the trees promote
stands that are resilient to insects and
disease;
(B) considers the best available scientific
information to maintain or restore the
ecological integrity, including maintaining or
restoring structure, function, composition, and
connectivity; and
(C) is developed and implemented through a
collaborative process that--
(i) includes multiple interested
persons representing diverse interests;
and
(ii)(I) is transparent and
nonexclusive; or
(II) 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).
(2) Inclusion.--A project under this subsection may
carry out part of a proposal that complies with the
eligibility requirements of the Collaborative Forest
Landscape Restoration Program under section 4003(b) of
the Omnibus Public Land Management Act of 2009 (16
U.S.C. 7303(b)).
(c) Limitations.--
(1) Project size.--A project under this section may
not exceed 3000 acres.
(2) Location.--A project under this section shall be
limited to areas--
(A) in the wildland-urban interface; or
(B) Condition Classes 2 or 3 in [Fire Regime
Groups I, II, or III] Fire Regime I, Fire
Regime II, Fire Regime III, Fire Regime IV, or
Fire Regime V, outside the wildland-urban
interface.
(3) Roads.--
(A) Permanent roads.--
(i) Prohibition on establishment.--A
project under this section shall not
include the establishment of permanent
roads.
(ii) Existing roads.--The Secretary
may carry out necessary maintenance and
repairs on existing permanent roads for
the purposes of this section.
(B) Temporary roads.--The Secretary shall
decommission any temporary road constructed
under a project under this section not later
than 3 years after the date on which the
project is completed.
(d) Exclusions.--This section does not apply to--
(1) a component of the National Wilderness
Preservation System;
(2) any Federal land on which, by Act of Congress or
Presidential proclamation, the removal of vegetation is
restricted or prohibited;
(3) a congressionally designated wilderness study
area; or
(4) an area in which activities under subsection (a)
would be inconsistent with the applicable land and
resource management plan.
(e) Forest Management Plans.--All projects and activities
carried out under this section shall be consistent with the
land and resource management plan established under section 6
of the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604) for the unit of the National Forest
System containing the projects and activities.
(f) Public Notice and Scoping.--The Secretary shall conduct
public notice and scoping for any project or action proposed in
accordance with this section.
(g) Accountability.--
(1) In general.--The Secretary shall prepare an
annual report on the use of categorical exclusions
under this section that includes a description of all
acres (or other appropriate unit) treated through
projects carried out under this section.
(2) Submission.--Not later than 1 year after the date
of enactment of this section, and each year thereafter,
the Secretary shall submit the reports required under
paragraph (1) to--
(A) the Committee on Agriculture, Nutrition,
and Forestry of the Senate;
(B) the Committee on Environment and Public
Works of the Senate;
(C) the Committee on Agriculture of the House
of Representatives;
(D) the Committee on Natural Resources of the
House of Representatives; and
(E) the Government Accountability Office.
SEC. 604. STEWARDSHIP END RESULT CONTRACTING PROJECTS.
(a) Definitions.--In this section:
(1) Chief.--The term ``Chief'' means the Chief of the
Forest Service.
(2) Director.--The term ``Director'' means the
Director of the Bureau of Land Management.
(b) Projects.--The Chief and the Director, via agreement or
contract as appropriate, may enter into stewardship contracting
projects with private persons or other public or private
entities to perform services to achieve land management goals
for the national forests and the public lands that meet local
and rural community needs.
(c) Land Management Goals.--The land management goals of a
project under subsection (b) may include any of the following:
(1) Road and trail maintenance or obliteration to
restore or maintain water quality.
(2) Soil productivity, habitat for wildlife and
fisheries, or other resource values.
(3) Setting of prescribed fires to improve the
composition, structure, condition, and health of stands
or to improve wildlife habitat.
(4) Removing vegetation or other activities to
promote healthy forest stands, reduce fire hazards, or
achieve other land management objectives.
(5) Watershed restoration and maintenance.
(6) Restoration and maintenance of wildlife and fish.
(7) Control of noxious and exotic weeds and
reestablishing native plant species.
(d) Agreements or Contracts.--
(1) Procurement procedure.--A source for performance
of an agreement or contract under subsection (b) shall
be selected on a best-value basis, including
consideration of source under other public and private
agreements or contracts.
(2) Contract for sale of property.--A contract
entered into under this section may, at the discretion
of the Secretary of Agriculture, be considered a
contract for the sale of property under such terms as
the Secretary may prescribe without regard to any other
provision of law.
(3) Term.--
(A) In general.--Except as provided in
subparagraph (B), the Chief and the Director
may enter into a contract under subsection (b)
in accordance with section 3903 of title 41,
United States Code.
(B) Maximum.--The period of the contract
under subsection (b) may exceed 5 years but may
not exceed [10 years] 20 years.
(4) Offsets.--
(A) In general.--The Chief and the Director
may apply the value of timber or other forest
products removed as an offset against the cost
of services received under the agreement or
contract described in subsection (b).
(B) Methods of appraisal.--The value of
timber or other forest products used as an
offset under subparagraph (A)--
(i) shall be determined using
appropriate methods of appraisal
commensurate with the quantity of
products to be removed; and
(ii) may--
(I) be determined using a
unit of measure appropriate to
the contracts; and
(II) may include valuing
products on a per-acre basis.
(5) Relation to other laws.--Notwithstanding
subsections (d) and (g) of section 14 of the National
Forest Management Act of 1976 (16 U.S.C. 472a)[, the
Chief may] and section 2(a)(1) of the Act of July 31,
1947 (commonly known as the Materials Act of 1947; 30
U.S.C. 602(a)(1)), the Chief and the Director may enter
into an agreement or contract under subsection (b).
[Notwithstanding the Materials Act of 1947 (30 U.S.C.
602(a)),the Director may enter into an agreement or
contract undersubsection (b).]
(6) Contracting officer.--Notwithstanding any other
provision of law, the Secretary or the Secretary of the
Interior may determine the appropriate contracting
officer to enter into and administer an agreement or
contract under subsection (b).
(7) Fire liability provisions.--Not later than 90
days after the date of enactment of this section, the
Chief shall issue for use in all contracts and
agreements under this section fire liability provisions
that are in substantially the same form as the fire
liability provisions contained in--
(A) integrated resource timber contracts, as
described in the Forest Service contract
numbered 2400-13, part H, section H.4; and
(B) timber sale contracts conducted pursuant
to section 14 of the National Forest Management
Act of 1976 (16 U.S.C. 472a).
(8) Modification.--Upon the request of the
contractor, a contract or agreement under this section
awarded before February 7, 2014, shall be modified by
the Chief or Director to include the fire liability
provisions described in paragraph (7).
(e) Receipts.--
(1) In general.--The Chief and the Director may
collect monies from an agreement or contract under
subsection (b) if the collection is a secondary
objective of negotiating the contract that will best
achieve the purposes of this section.
(2) Use.--Monies from an agreement or contract under
subsection (b)--
(A) may be retained by the Chief and the
Director; and
(B) subject to paragraph (3)(A), shall be
available for expenditure without further
[appropriation at the project site from which
the monies are collected or at another project
site.] appropriation--
(i) at the project site from which
the monies are collected or at another
project site; and
(ii) to cover not more than 25
percent of the cost of planning
additional stewardship contracting
projects.
(3) Relation to other laws.--
(A) In general.--Notwithstanding any other
provision of law, the value of [services
received by the Chief or the Director under a
stewardship contract project conducted under
this section, and any payments made or
resources provided by the contractor, Chief, or
Director shall not be considered monies
received from the National Forest System or the
public lands.] services and in-kind resources
received by the Chief or the Director under a
stewardship contract project conducted under
this section shall not be considered monies
received from the National Forest System or the
public lands, but any payments made by the
contractor to the Chief or Director under the
project shall be considered monies received
from the National Forest System or the public
lands.
(B) Knutson-vanderberg Act.--The Act of June
9, 1930 (commonly known as the ``Knutson-
Vanderberg Act'') (16 U.S.C. 576 et seq.) shall
not apply to any agreement or contract under
subsection (b).
(f) Costs of Removal.--Notwithstanding the fact that a
contractor did not harvest the timber, the Chief may collect
deposits from a contractor covering the costs of removal of
timber or other forest products under--
(1) the Act of August 11, 1916 (16 U.S.C. 490); and
(2) the Act of June 30, 1914 (16 U.S.C. 498).
(g) Performance and Payment Guarantees.--
(1) In general.--The Chief and the Director may
require performance and payment bonds under sections
28.103-2 and 28.103-3 of the Federal Acquisition
Regulation, in an amount that the contracting officer
considers sufficient to protect the investment in
receipts by the Federal Government generated by the
contractor from the estimated value of the forest
products to be removed under a contract under
subsection (b).
(2) Excess offset value.--If the offset value of the
forest products exceeds the value of the resource
improvement treatments, the Chief and the Director
may--
[(A) collect any residual receipts under the
Act of June 9, 1930 (commonly known as the
``Knutson-Vanderberg Act'') (16 U.S.C. 576 et
seq.); and
[(B) apply the excess to other authorized
stewardship projects.]
(A) use the excess to satisfy any outstanding
liabilities for cancelled agreements or
contracts; or
(B) if there are no outstanding liabilities
under subparagraph (A), apply the excess to
other authorized stewardship projects.
(h) Cancellation Ceilings.--
(1) In general.--Notwithstanding section 3903(b)(1)
of title 41, United States Code, the Chief and the
Director may obligate funds in stages that are
economically or programmatically viable to cover any
potential cancellation or termination costs for an
agreement or contract under subsection (b) in stages
that are economically or programmatically viable.
(2) Advance notice to congress of cancellation
ceiling in excess of $25 million.--Not later than 30
days before entering into a multiyear agreement or
contract under subsection (b) that includes a
cancellation ceiling in excess of $25 million, but does
not include proposed funding for the costs of
cancelling the agreement or contract up to such
cancellation ceiling, the Chief or the Director, as the
case may be, shall submit to the Committee on Energy
and Natural Resources and the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee
on Natural Resources and the Committee on Agriculture
of the House of Representatives a written notice that
includes--
(A) the cancellation ceiling amounts proposed
for each program year in the agreement or
contract;
(B) the reasons why such cancellation ceiling
amounts were selected;
(C) the extent to which the costs of contract
cancellation are not included in the budget for
the agreement or contract; and
(D) an assessment of the financial risk of
not including budgeting for the costs of
agreement or contract cancellation.
(3) Transmittal of notice to omb.--Not later than 14
days after the date on which written notice is provided
under paragraph (2) with respect to an agreement or
contract under subsection (b), the Chief or the
Director, as the case may be, shall transmit a copy of
the notice to the Director of the Office of Management
and Budget.
[(h)] (i) Monitoring and Evaluation.--
(1) In general.--The Chief and the Director shall
establish a multiparty monitoring and evaluation
process that accesses the stewardship contracting
projects conducted under this section.
(2) Participants.--Other than the Chief and Director,
participants in the process described in paragraph (1)
may include--
(A) any cooperating governmental agencies,
including tribal governments; and
(B) any other interested groups or
individuals.
[(i)] (j) Reporting.--Not later than 1 year after the date of
enactment of this section, and annually thereafter, the Chief
and the Director shall [report to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on
Agriculture of the House of Representatives] submit to the
congressional committees specified in subsection (h)(2) a
report on--
(1) the status of development, execution, and
administration of agreements or contracts under
subsection (b);
(2) the specific accomplishments that have resulted;
and
(3) the role of local communities in the development
of agreements or contract plans.
* * * * * * *
----------
NATIONAL FOREST MANAGEMENT ACT OF 1976
* * * * * * *
timber sales on national forest system lands
Sec. 14. (a) For the purpose of achieving the policies set
forth in the Multiple-Use Sustained-Yield Act of 1960 (74 Stat.
215; 16 U.S.C. 528-531) and the Forest and Rangeland Renewable
Resources Planning Act of 1974 (88 Stat. 476; 16 U.S.C. 1601-
1610), the Secretary of Agriculture, under such rules and
regulations as he may prescribe, may sell, at not less than
appraised value, trees, portions of trees, or forest products
located on National Forest System lands.
(b) All advertised timber sales shall be designated on maps,
and a prospectus shall be available to the public and
interested potential bidders.
(c) The length and other terms of the contract shall be
designed to promote orderly harvesting consistent with the
principles set out in section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974, as amended. Unless
there is a finding by the Secretary of Agriculture that better
utilization of the various forest resources (consistent with
the provisions of the Multiple-Use Sustained-Yield Act of 1960)
will result, sales contracts shall be for a period not to
exceed [ten years] 20 years: Provided, That such period may be
adjusted at the discretion of the Secretary to provide
additional time due to time delays caused by an act of an agent
of the United States or by other circumstances beyond the
control of the purchaser. The Secretary shall require the
purchaser to file as soon as practicable after execution of a
contract for any advertised sale with a term of two years or
more, a plan of operation, which shall be subject to
concurrence by the Secretary. The Secretary shall not extend
any contract period with an original term of two years or more
unless he finds (A) that the purchaser has diligently performed
in accordance with an approved plan of operation or (B) that
the substantial overriding public interest justifies the
extension.
(d) The Secretary of Agriculture shall advertise all sales
unless he determines that extraordinary conditions exist, as
defined by regulation, or that the appraised value of the sale
is less than $10,000. If, upon proper offering, no satisfactory
bid is received for a sale, or the bidder fails to complete the
purchase, the sale may be offered and sold without further
advertisement.
(e)(1) In the sale of trees, portions of trees, or forest
products from National Forest System lands (hereinafter
referred to in this subsection as ``national forest
materials''), the Secretary of Agriculture shall select the
bidding method or methods which--
(A) insure open and fair competition;
(B) insure that the Federal Government receive not
less than the appraised value as required by subsection
(a) of this section;
(C) consider the economic stability of communities
whose economies are dependent on such national forest
materials, or achieve such other objectives as the
Secretary deems necessary; and
(D) are consistent with the objectives of this Act
and other Federal statutes.
The Secretary shall select or alter the bidding method or
methods as he determines necessary to achieve the objectives
stated in clauses (A), (B), (C), and (D) of this paragraph.
(2) In those instances when the Secretary selects oral
auction as the bidding method for the sale of any national
forest materials, he shall require that all prospective
purchasers submit written sealed qualifying bids. Only
prospective purchasers whose written sealed qualifying bids are
equal to or in excess of the appraised value of such national
forest materials may participate in the oral bidding process.
(3) The Secretary shall monitor bidding patterns involved in
the sale of national forest materials. If the Secretary has a
reasonable belief that collusive bidding practices may be
occurring, then--
(A) he shall report any such instances of possible
collusive bidding or suspected collusive bidding
practices to the Attorney General of the United States
with any and all supporting data;
(B) he may alter the bidding methods used within the
affected area; and
(C) he shall take such other action as he deems
necessary to eliminate such practices within the
affected area.
(f) The Secretary of Agriculture, under such rules and
regulations as he may prescribe, is authorized to dispose of,
by sale or otherwise, trees, portions of trees, or other forest
products related to research and demonstration projects.
(g) Designation and Supervision of Harvesting.--
(1) In general.--Designation, including marking when
necessary, designation by description, or designation
by prescription, and supervision of harvesting of
trees, portions of trees, or forest products shall be
conducted by persons employed by the Secretary of
Agriculture.
(2) Requirement.--Persons employed by the Secretary
of Agriculture under paragraph (1)--
(A) shall have no personal interest in the
purchase or harvest of the products; and
(B) shall not be directly or indirectly in
the employment of the purchaser of the
products.
(3) Methods for designation.--Designation by
prescription and designation by description shall be
considered valid methods for designation, and may be
supervised by use of post-harvest cruise, sample weight
scaling, or other methods determined by the Secretary
of Agriculture to be appropriate.
(h) The Secretary of Agriculture shall develop utilization
standards methods of measurement, and harvesting practices for
the removal of trees, portions of trees, or forest products to
provide for the optimum practical use of the wood material.
Such standards, methods, and practices shall reflect
consideration of opportunities to promote more effective wood
utilization, regional conditions, and species characteristics
and shall be compatible with multiple use resource management
objectives in the affected area. To accomplish the purpose of
this subsection in situations involving salvage of insect-
infested, dead, damaged, or down timber, and to remove
associated trees for stand improvement, the Secretary is
authorized to require the purchasers of such timber to make
monetary deposits, as a part of the payment for the timber, to
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. Deposits of money
pursuant to this subsection are to be available until expended
to cover the cost to the United States of accomplishing the
purposes for which deposited: Provided, That such deposits
shall not be considered as moneys received from the national
forests within the meaning of sections 500 and 501 of title 16,
United States Code: And provided further, That sums found to be
in excess of the cost of accomplishing the purposes for which
deposited on any national forest shall be transferred to
miscellaneous receipts in the Treasury of the United States.
(i)(1) For sales of timber which include a provision for
purchaser credit for construction of permanent roads with an
estimated cost in excess of $20,000, the Secretary of
Agriculture shall promulgate regulations requiring that the
notice of sale afford timber purchasers qualifying as ``small
business concerns'' under the Small Business Act, as amended,
and the regulations issued thereunder, an estimate of the cost
and the right, when submitting a bid, to elect that the
Secretary build the proposed road.
(2) If the purchaser makes such an election, the price
subsequently paid for the timber shall include all of the
estimated cost of the road. In the notice of sale, the
Secretary of Agriculture shall set a date when such road shall
be completed which shall be applicable to either construction
by the purchaser or the Secretary, depending on the election.
To accomplish requested work, the Secretary is authorized to
use from any receipts from the sale of timber a sum equal to
the estimate for timber purchaser credits, and such additional
sums as may be appropriated for the construction of roads, such
funds to be available until expended, to construct a road that
meets the standards specified in the notice of sale.
(3) The provisions of this subsection shall become effective
on October 1, 1976.
----------
SECTION 4003 OF THE OMNIBUS PUBLIC LAND MANAGEMENT ACT OF 2009
SEC. 4003. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.
(a) In General.--The Secretary, in consultation with the
Secretary of the Interior, shall establish a Collaborative
Forest Landscape Restoration Program to select and fund
ecological restoration treatments for priority forest
landscapes in accordance with--
(1) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(2) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(3) any other applicable law.
(b) Eligibility Criteria.--To be eligible for nomination
under subsection (c), a collaborative forest landscape
restoration proposal shall--
(1) be based on a landscape restoration strategy
that--
(A) is complete or substantially complete;
(B) identifies and prioritizes ecological
restoration treatments for a 10-year period
within a landscape that is--
(i) at least 50,000 acres;
(ii) comprised primarily of forested
National Forest System land, but may
also include land under the
jurisdiction of the Bureau of Land
Management, land under the jurisdiction
of the Bureau of Indian Affairs, or
other Federal, State, tribal, or
private land;
(iii) in need of active ecosystem
restoration; and
(iv) accessible by existing or
proposed wood-processing infrastructure
at an appropriate scale to use woody
biomass and small-diameter wood removed
in ecological restoration treatments;
(C) incorporates the best available science
and scientific application tools in ecological
restoration strategies;
(D) fully maintains, or contributes toward
the restoration of, the structure and
composition of old growth stands according to
the pre-fire suppression old growth conditions
characteristic of the forest type, taking into
account the contribution of the stand to
landscape fire adaptation and watershed health
and retaining the large trees contributing to
old growth structure;
(E) would carry out any forest restoration
treatments that reduce hazardous fuels by--
(i) focusing on small diameter trees,
thinning, strategic fuel breaks, and
fire use to modify fire behavior, as
measured by the projected reduction of
uncharacteristically severe wildfire
effects for the forest type (such as
adverse soil impacts, tree mortality or
other impacts); and
(ii) maximizing the retention of
large trees, as appropriate for the
forest type, to the extent that the
trees promote fire-resilient stands;
and
(F)(i) does not include the establishment of
permanent roads; and
(ii) would commit funding to decommission all
temporary roads constructed to carry out the
strategy;
(2) be developed and implemented through a
collaborative process that--
(A) includes multiple interested persons
representing diverse interests; and
(B)(i) is transparent and nonexclusive; or
(ii) meets the requirements for a resource
advisory committee under subsections (c)
through (f) of section 205 of Public Law 106-
393 (16 U.S.C. 500 note);
(3) describe plans to--
(A) reduce the risk of uncharacteristic
wildfire, including through the use of fire for
ecological restoration and maintenance and
reestablishing natural fire regimes, where
appropriate;
(B) improve fish and wildlife habitat,
including for endangered, threatened, and
sensitive species;
(C) maintain or improve water quality and
watershed function;
(D) prevent, remediate, or control invasions
of exotic species;
(E) maintain, decommission, and rehabilitate
roads and trails;
(F) use woody biomass and small-diameter
trees produced from projects implementing the
strategy;
(G) report annually on performance, including
through performance measures from the plan
entitled the ``10 Year Comprehensive Strategy
Implementation Plan'' and dated December 2006;
and
(H) take into account any applicable
community wildfire protection plan;
(4) analyze any anticipated cost savings, including
those resulting from--
(A) reduced wildfire management costs; and
(B) a decrease in the unit costs of
implementing ecological restoration treatments
over time;
(5) estimate--
(A) the annual Federal funding necessary to
implement the proposal; and
(B) the amount of new non-Federal investment
for carrying out the proposal that would be
leveraged;
(6) describe the collaborative process through which
the proposal was developed, including a description
of--
(A) participation by or consultation with
State, local, and Tribal governments; and
(B) any established record of successful
collaborative planning and implementation of
ecological restoration projects on National
Forest System land and other land included in
the proposal by the collaborators; and
(7) benefit local economies by providing local
employment or training opportunities through contracts,
grants, or agreements for restoration planning, design,
implementation, or monitoring with--
(A) local private, nonprofit, or cooperative
entities;
(B) Youth Conservation Corps crews or related
partnerships, with State, local, and non-profit
youth groups;
(C) existing or proposed small or micro-
businesses, clusters, or incubators; or
(D) other entities that will hire or train
local people to complete such contracts,
grants, or agreements; and
(8) be subject to any other requirements that the
Secretary, in consultation with the Secretary of the
Interior, determines to be necessary for the efficient
and effective administration of the program.
(c) Nomination Process.--
(1) Submission.--A proposal shall be submitted to--
(A) the appropriate Regional Forester; and
(B) if actions under the jurisdiction of the
Secretary of the Interior are proposed, the
appropriate--
(i) State Director of the Bureau of
Land Management;
(ii) Regional Director of the Bureau
of Indian Affairs; or
(iii) other official of the
Department of the Interior.
(2) Nomination.--
(A) In general.--A Regional Forester may
nominate for selection by the Secretary any
proposals that meet the eligibility criteria
established by subsection (b).
(B) Concurrence.--Any proposal nominated by
the Regional Forester that proposes actions
under the jurisdiction of the Secretary of the
Interior shall include the concurrence of the
appropriate--
(i) State Director of the Bureau of
Land Management;
(ii) Regional Director of the Bureau
of Indian Affairs; or
(iii) other official of the
Department of the Interior.
(3) Documentation.--With respect to each proposal
that is nominated under paragraph (2)--
(A) the appropriate Regional Forester shall--
(i) include a plan to use Federal
funds allocated to the region to fund
those costs of planning and carrying
out ecological restoration treatments
on National Forest System land,
consistent with the strategy, that
would not be covered by amounts
transferred to the Secretary from the
Fund; and
(ii) provide evidence that amounts
proposed to be transferred to the
Secretary from the Fund during the
first 2 fiscal years following
selection would be used to carry out
ecological restoration treatments
consistent with the strategy during the
same fiscal year in which the funds are
transferred to the Secretary;
(B) if actions under the jurisdiction of the
Secretary of the Interior are proposed, the
nomination shall include a plan to fund such
actions, consistent with the strategy, by the
appropriate--
(i) State Director of the Bureau of
Land Management;
(ii) Regional Director of the Bureau
of Indian Affairs; or
(iii) other official of the
Department of the Interior; and
(C) if actions on land not under the
jurisdiction of the Secretary or the Secretary
of the Interior are proposed, the appropriate
Regional Forester shall provide evidence that
the landowner intends to participate in, and
provide appropriate funding to carry out, the
actions.
(d) Selection Process.--
(1) In general.--After consulting with the advisory
panel established under subsection (e), the Secretary,
in consultation with the Secretary of the Interior,
shall, subject to paragraph (2), select the best
proposals that--
(A) have been nominated under subsection
(c)(2); and
(B) meet the eligibility criteria established
by subsection (b).
(2) Criteria.--In selecting proposals under paragraph
(1), the Secretary shall give special consideration
to--
(A) the strength of the proposal and
strategy;
(B) the strength of the ecological case of
the proposal and the proposed ecological
restoration strategies;
(C) the strength of the collaborative process
and the likelihood of successful collaboration
throughout implementation;
(D) whether the proposal is likely to achieve
reductions in long-term wildfire management
costs;
(E) whether the proposal would reduce the
relative costs of carrying out ecological
restoration treatments as a result of the use
of woody biomass and small-diameter trees; and
(F) whether an appropriate level of non-
Federal investment would be leveraged in
carrying out the proposal.
(3) Limitation.--The Secretary may select not more
than--
(A) 10 proposals to be funded during any
fiscal year;
(B) 2 proposals in any 1 region of the
National Forest System to be funded during any
fiscal year; and
(C) the number of proposals that the
Secretary determines are likely to receive
adequate funding.
(e) Advisory Panel.--
(1) In general.--The Secretary shall establish and
maintain an advisory panel comprised of not more than
15 members to evaluate, and provide recommendations on,
each proposal that has been nominated under subsection
(c)(2).
(2) Representation.--The Secretary shall ensure that
the membership of the advisory panel is fairly balanced
in terms of the points of view represented and the
functions to be performed by the advisory panel.
(3) Inclusion.--The advisory panel shall include
experts in ecological restoration, fire ecology, fire
management, rural economic development, strategies for
ecological adaptation to climate change, fish and
wildlife ecology, and woody biomass and small-diameter
tree utilization.
(f) Collaborative Forest Landscape Restoration Fund.--
(1) Establishment.--There is established in the
Treasury of the United States a fund, to be known as
the ``Collaborative Forest Landscape Restoration
Fund'', to be used to pay up to 50 percent of the cost
of [carrying out and] planning, carrying out, and
monitoring ecological restoration treatments on
National Forest System land for each proposal selected
to be carried out under subsection (d).
(2) Inclusion.--The cost of carrying out ecological
restoration treatments as provided in paragraph (1)
may, as the Secretary determines to be appropriate,
include cancellation and termination costs required to
be obligated for contracts to carry out ecological
restoration treatments on National Forest System land
for each proposal selected to be carried out under
subsection (d).
(3) Contents.--The Fund shall consist of such amounts
as are appropriated to the Fund under paragraph (6).
(4) Expenditures from fund.--
(A) In general.--On request by the Secretary,
the Secretary of the Treasury shall transfer
from the Fund to the Secretary such amounts as
the Secretary determines are appropriate, in
accordance with paragraph (1).
(B) Limitation.--The Secretary shall not
expend money from the Fund on any 1 proposal--
(i) during a period of more than 10
fiscal years; or
(ii) in excess of $4,000,000 in any 1
fiscal year.
(5) Accounting and reporting system.--The Secretary
shall establish an accounting and reporting system for
the Fund.
(6) Authorization of appropriations.--There is
authorized to be appropriated to the Fund $40,000,000
for each of fiscal years 2009 through 2019, to remain
available until expended.
(g) Program Implementation and Monitoring.--
(1) Work plan.--Not later than 180 days after the
date on which a proposal is selected to be carried out,
the Secretary shall create, in collaboration with the
interested persons, an implementation work plan and
budget to implement the proposal that includes--
(A) a description of the manner in which the
proposal would be implemented to achieve
ecological and community economic benefit,
including capacity building to accomplish
restoration;
(B) a business plan that addresses
(i) the anticipated unit treatment
cost reductions over 10 years;
(ii) the anticipated costs for
infrastructure needed for the proposal;
(iii) the projected sustainability of
the supply of woody biomass and small-
diameter trees removed in ecological
restoration treatments; and
(iv the projected local economic
benefits of the proposal;
(C) documentation of the non-Federal
investment in the priority landscape, including
the sources and uses of the investments; and
(D) a plan to decommission any temporary
roads established to carry out the proposal.
(2) Project implementation.--Amounts transferred to
the Secretary from the Fund shall be used to carry out
ecological restoration treatments that are--
(A) consistent with the proposal and
strategy; and
(B) identified through the collaborative
process described in subsection (b)(2).
(3) Annual report.-- The Secretary, in collaboration
with the Secretary of the Interior and interested
persons, shall prepare an annual report on the
accomplishments of each selected proposal that
includes--
(A) a description of all acres (or other
appropriate unit) treated and restored through
projects implementing the strategy;
(B) an evaluation of progress, including
performance measures and how prior year
evaluations have contributed to improved
project performance;
(C) a description of community benefits
achieved, including any local economic
benefits;
(D) the results of the multiparty monitoring,
evaluation, and accountability process under
paragraph (4); and
(E) a summary of the costs of--
(i) treatments; and
(ii) relevant fire management
activities.
(4) Multiparty monitoring.-- The Secretary shall, in
collaboration with the Secretary of the Interior and
interested persons, use a multiparty monitoring,
evaluation, and accountability process to assess the
positive or negative ecological, social, and economic
effects of projects implementing a selected proposal
for not less than 15 years after project implementation
commences.
(h) Report.--Not later than 5 years after the first fiscal
year in which funding is made available to carry out ecological
restoration projects under the program, and every 5 years
thereafter, the Secretary, in consultation with the Secretary
of the Interior, shall submit a report on the program,
including an assessment of whether, and to what extent, the
program is fulfilling the purposes of this title, to--
(1) the Committee on Energy and Natural Resources of
the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Natural Resources of the House
of Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
* * * * * * *
----------
TRIBAL FOREST PROTECTION ACT OF 2004
* * * * * * *
SEC. 2. TRIBAL FOREST ASSETS PROTECTION.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means--
(A) land of the National Forest System (as
defined in section 11(a) of the Forest and
Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a))) administered by the
Secretary of Agriculture, acting through the
Chief of the Forest Service; and
(B) public lands (as defined in section 103
of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1702)), the surface of which
is administered by the Secretary of the
Interior, acting through the Director of the
Bureau of Land Management.
(2) Indian forest land or rangeland.--The term
``Indian forest land or rangeland'' means land that--
(A) is held in trust by, or with a
restriction against alienation by, the United
States for an Indian tribe or a member of an
Indian tribe; and
(B)(i)(I) is Indian forest land (as defined
in section 304 of the National Indian Forest
Resources Management Act (25 U.S.C. 3103)); or
(II) has a cover of grasses,
brush, or any similar
vegetation; or
(ii) formerly had a forest cover or
vegetative cover that is capable of
restoration.
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b).
(4) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with
respect to land under the jurisdiction of the
Forest Service; and
(B) the Secretary of the Interior, with
respect to land under the jurisdiction of the
Bureau of Land Management.
(b) Authority to Protect Indian Forest Land or Rangeland.--
(1) In general.--[Not later than 120 days after the
date on which an Indian tribe submits to the Secretary]
In response to the submission by an Indian Tribe of a
request to enter into an agreement or contract to carry
out a project to protect Indian forest land or
rangeland (including a project to restore Federal land
that borders on or is adjacent to Indian forest land or
rangeland) that meets the criteria described in
subsection (c), the Secretary may issue public notice
of initiation of any necessary environmental review or
of the potential of entering into an agreement or
contract with the Indian tribe pursuant to [section 347
of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 2104 note; Public
Law 105-277) (as amended by section 323 of the
Department of the Interior and Related Agencies
Appropriations Act, 2003 (117 Stat. 275))] section 604
of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c), or such other authority as appropriate,
under which the Indian tribe would carry out activities
described in paragraph (3).
(2) Environmental analysis.--Following completion of
any necessary environmental analysis, the Secretary may
enter into an agreement or contract with the Indian
tribe as described in paragraph (1).
(3) Activities.--Under an agreement or contract
entered into under paragraph (2), the Indian tribe may
carry out activities to achieve land management goals
for Federal land that is--
(A) under the jurisdiction of the Secretary;
and
(B) bordering or adjacent to the Indian
forest land or rangeland under the jurisdiction
of the Indian tribe.
(4) Time periods for consideration.--
(A) Initial response.--Not later than 120
days after the date on which the Secretary
receives a Tribal request under paragraph (1),
the Secretary shall provide an initial response
to the Indian Tribe regarding--
(i) whether the request may meet the
selection criteria described in
subsection (c); and
(ii) the likelihood of the Secretary
entering into an agreement or contract
with the Indian Tribe under paragraph
(2) for activities described in
paragraph (3).
(B) Notice of denial.--Notice under
subsection (d) of the denial of a Tribal
request under paragraph (1) shall be provided
not later than 1 year after the date on which
the Secretary received the request.
(C) Completion.--Not later than 2 years after
the date on which the Secretary receives a
Tribal request under paragraph (1), other than
a Tribal request denied under subsection (d),
the Secretary shall--
(i) complete all environmental
reviews necessary in connection with
the agreement or contract and proposed
activities under the agreement or
contract; and
(ii) enter into the agreement or
contract with the Indian tribe under
paragraph (2).
(c) Selection Criteria.--The criteria referred to in
subsection (b), with respect to an Indian tribe, are whether--
(1) the Indian forest land or rangeland under the
jurisdiction of the Indian tribe borders on or is
adjacent to land under the jurisdiction of the Forest
Service or the Bureau of Land Management;
(2) Forest Service or Bureau of Land Management land
bordering on or adjacent to the Indian forest land or
rangeland under the jurisdiction of the Indian tribe--
(A) poses a fire, disease, or other threat
to--
(i) the Indian forest land or
rangeland under the jurisdiction of the
Indian tribe; or
(ii) a tribal community; or
(B) is in need of land restoration
activities;
(3) the agreement or contracting activities applied
for by the Indian tribe are not already covered by a
stewardship contract or other instrument that would
present a conflict on the subject land; and
(4) the Forest Service or Bureau of Land Management
land described in the application of the Indian tribe
presents or involves a feature or circumstance unique
to that Indian tribe (including treaty rights or
biological, archaeological, historical, or cultural
circumstances).
(d) Notice of Denial.--If the Secretary denies a tribal
request under [subsection (b)(1), the Secretary may] paragraphs
(1) and (4)(B) of subsection (b), the Secretary shall issue a
notice of denial to the Indian tribe, which--
(1) identifies the specific factors that caused, and
explains the reasons that support, the denial;
(2) identifies potential courses of action for
overcoming specific issues that led to the denial; and
(3) proposes a schedule of consultation with the
Indian tribe for the purpose of developing a strategy
for protecting the Indian forest land or rangeland of
the Indian tribe and interests of the Indian tribe in
Federal land.
(e) Proposal Evaluation and Determination Factors.--In
entering into an agreement or contract in response to a request
of an Indian tribe under subsection (b)(1), the Secretary may--
(1) use a best-value basis; and
(2) give specific consideration to tribally-related
factors in the proposal of the Indian tribe,
including--
(A) the status of the Indian tribe as an
Indian tribe;
(B) the trust status of the Indian forest
land or rangeland of the Indian tribe;
(C) the cultural, traditional, and historical
affiliation of the Indian tribe with the land
subject to the proposal;
(D) the treaty rights or other reserved
rights of the Indian tribe relating to the land
subject to the proposal;
(E) the indigenous knowledge and skills of
members of the Indian tribe;
(F) the features of the landscape of the land
subject to the proposal, including watersheds
and vegetation types;
(G) the working relationships between the
Indian tribe and Federal agencies in
coordinating activities affecting the land
subject to the proposal; and
(H) the access by members of the Indian tribe
to the land subject to the proposal.
(f) No Effect on Existing Authority.--Nothing in this Act--
(1) prohibits, restricts, or otherwise adversely
affects the participation of any Indian tribe in
stewardship agreements or contracting under the
authority of [section 347 of the Department of the
Interior and Related Agencies Appropriations Act, 1999
(16 U.S.C. 2104 note; Public Law 105-277) (as amended
by section 323 of the Department of the Interior and
Related Agencies Appropriations Act, 2003 (117 Stat.
275))] section 604 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591c) or other authority
invoked pursuant to this Act; or
(2) invalidates any agreement or contract under that
authority.
(g) Report.--Not later than 4 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report that describes the Indian tribal requests received and
agreements or contracts that have been entered into under this
Act.
* * * * * * *
----------
NATIONAL INDIAN FOREST RESOURCES MANAGEMENT ACT
* * * * * * *
TITLE III--INDIAN FOREST AND WOODLANDS
* * * * * * *
SEC. 305. MANAGEMENT OF INDIAN FOREST LAND.
(a) Management Activities.--The Secretary shall undertake
forest land management activities on Indian forest land, either
directly or through contracts, cooperative agreements, or
grants under the Indian Self-Determination Act (25 U.S.C. 5321
et seq.).
(b) Management Objectives.--Indian forest land management
activities undertaken by the Secretary shall be designed to
achieve the following objectives--
(1) the development, maintenance, and enhancement of
Indian forest land in a perpetually productive state in
accordance with the principles of sustained yield and
with the standards and objectives set forth in forest
management plans by providing effective management and
protection through the application of sound
silvicultural and economic principles to--
(A) the harvesting of forest products,
(B) forestation,
(C) timber stand improvement, and
(D) other forestry practices;
(2) the regulation of Indian forest lands through the
development and implementation, with the full and
active consultation and participation of the
appropriate Indian tribe, of forest management plans
which are supported by written tribal objectives and
forest marketing programs;
(3) the regulation of Indian forest lands in a manner
that will ensure the use of good method and order in
harvesting so as to make possible, on a sustained yield
basis, continuous productivity and a perpetual forest
business;
(4) the development of Indian forest lands and
associated value-added industries by Indians and Indian
tribes to promote self-sustaining communities, so that
Indians may receive from their Indian forest land not
only stumpage value, but also the benefit of all the
labor and profit that such Indian forest land is
capable of yielding;
(5) the retention of Indian forest land in its
natural state when an Indian tribe determines that the
recreational, cultural, aesthetic, or traditional
values of the Indian forest land represents the highest
and best use of the land;
(6) the management and protection of forest resources
to retain the beneficial effects to Indian forest lands
of regulating water run-off and minimizing soil
erosion; and
(7) the maintenance and improvement of timber
productivity, grazing, wildlife, fisheries, recreation,
aesthetic, cultural and other traditional values.
(c) Inclusion of Certain National Forest System Land and
Public Land.--
(1) Authority.--At the request of an Indian Tribe,
the Secretary concerned may agree to treat Federal
forest land as Indian forest land for purposes of
planning and conducting forest land management
activities under this section if the Federal forest
land is located within, or mostly within, a geographic
area that presents a feature or involves circumstances
principally relevant to that Indian Tribe, such as
Federal forest land ceded to the United States by
treaty, Federal forest land within the boundaries of a
current or former reservation, or Federal forest land
adjudicated to be Tribal homelands.
(2) Requirements.--As part of the agreement to treat
Federal forest land as Indian forest land under
paragraph (1), the Secretary concerned and the Indian
Tribe making the request shall--
(A) provide for continued public access
applicable to the Federal forest land prior to
the agreement, except that the Secretary
concerned may limit or prohibit such access as
needed;
(B) continue sharing revenue generated by the
Federal forest land with State and local
governments either--
(i) on the terms applicable to the
Federal forest land prior to the
agreement, including, where applicable,
25-percent payments or 50-percent
payments; or
(ii) at the option of the Indian
Tribe, on terms agreed upon by the
Indian Tribe, the Secretary concerned,
and State and county governments
participating in a revenue sharing
agreement for the Federal forest land;
(C) comply with applicable prohibitions on
the export of unprocessed logs harvested from
the Federal forest land;
(D) recognize all right-of-way agreements in
place on Federal forest land prior to
commencement of Tribal management activities;
(E) ensure that all commercial timber removed
from the Federal forest land is sold on a
competitive bid basis; and
(F) cooperate with the appropriate State fish
and wildlife agency to achieve mutual agreement
on the management of fish and wildlife.
(3) Limitation.--Treating Federal forest land as
Indian forest land for purposes of planning and
conducting management activities pursuant to paragraph
(1) shall not be construed to designate the Federal
forest land as Indian forest lands for any other
purpose.
(4) Definitions.--In this subsection:
(A) Federal forest land.--The term ``Federal
forest land'' means--
(i) National Forest System lands; and
(ii) public lands (as defined in
section 103(e) of the Federal Land
Policy and Management Act of 1976 (43
U.S.C. 1702(e))), including Coos Bay
Wagon Road Grant lands reconveyed to
the United States pursuant to the first
section of the Act of February 26, 1919
(40 Stat. 1179), and Oregon and
California Railroad Grant lands.
(B) Secretary concerned.--The term
``Secretary concerned'' means--
(i) the Secretary of Agriculture,
with respect to the Federal forest land
referred to in subparagraph (A)(i); and
(ii) the Secretary of the Interior,
with respect to the Federal forest land
referred to in subparagraph (A)(ii).
* * * * * * *
----------
FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 1974
* * * * * * *
Sec. 3. Renewable Resource Assessment.--(a) In recognition of
the vital importance of America's renewable resources of the
forest, range, and other associated lands to the Nation's
social and economic well-being, and of the necessity for a long
term perspective in planning and undertaking related national
renewable resource programs administered by the Forest Service,
the Secretary of Agriculture (referred to in this Act as the
``Secretary'') shall prepare a Renewable Resource Assessment
(hereinafter called the ``Assessment''). The Assessment shall
be prepared not later than December 31, 1975, and shall be
undated during 1979 and each tenth year thereafter, and shall
include but not be limited to--
(1) an analysis of present and anticipated uses,
demand for, and supply of the renewable resources, with
consideration of the international resource situation,
and an emphasis of pertinent supply and demand and
price relationship trends;
(2) an inventory, based on information developed by
the Forest Service and other ``Federal agencies, of
present and potential renewable resources, and an
evaluation of opportunities for improving their yield
of tangible and intangible goods and services, together
with estimates of investment costs and direct and
indirect returns to the Federal Government;
(3) a description of Forest Service programs and
responsibilities in research, cooperative programs and
management of the National Forest System, their
interrelationships, and the relationship of these
programs and responsibilities to public and private
activities;
(4) a discussion of important policy considerations,
laws, regulations, and other factors expected to
influence and affect significantly the use, ownership,
and management of forest, range, and other associated
lands; and
(5) an analysis of the potential effects of global
climate change on the condition of renewable resources
on the forests and rangelands of the United States; and
(6) an analysis of the rural and urban forestry
opportunities to mitigate the buildup of atmospheric
carbon dioxide and reduce the risk of global climate
change,
(b) [Omitted-Amendment]
(c) The Secretary shall report in the 1979 and subsequent
Assessments on:
(1) the additional fiber potential in the National
Forest System including, but not restricted to, forest
mortality, growth, salvage potential, potential
increased forest products sales, economic constraints,
alternate markets, contract considerations, and other
multiple use considerations;
(2) the potential for increased utilization of forest
and wood product wastes in the National Forest System
and on other lands, and of urban wood wastes and wood
product recycling, including recommendations to the
Congress for actions which would lead to increased
utilization of materials now being wasted both in the
forests and in manufactured products; and
(3) the milling and other wood fiber product
fabrication facilities and their location in the United
States, noting the public and private forested areas
that supply such facilities, assessing the degree of
utilization into product form of harvested trees by
such facilities, and setting forth the technology
appropriate to the facilities to improve utilization
either individually or in aggregate units of harvested
trees and to reduce wasted wood fibers. The Secretary
shall set forth a program to encourage the adoption by
these facilities of these technologies for improving
wood fiber utilization.
(d) In developing the reports required under subsection (c)
of this section, the Secretary shall provide opportunity for
public involvement and shall consult with other interested
governmental departments and agencies.
(d)(1) It is the policy of the Congress that all forested
lands in the National Forest System shall be maintained in
appropriate forest cover with species of trees, degree of
stocking, rate of growth, and conditions of stand designed to
secure the maximum benefits of multiple use sustained yield
management in accordance with land management plans.
Accordingly, the Secretary is directed to identify and report
to the Congress annually at the time of submission of the
President's budget together with the annual report provided for
under section 8(c) of this Act, beginning with submission of
the President's budget for fiscal year 1978, the amount and
location by forests and States and by productivity class, where
practicable, of all lands in the National Forest System where
objectives of land management plans indicate the need to
reforest areas that have been cut-over or otherwise denuded or
deforested, and all lands with stands of trees that are not
growing at their best potential rate of growth. All national
forest lands treated from year to year shall be examined after
the first and third growing seasons and certified by the
Secretary in the report provided for under this subsection as
to stocking rate, growth rate in relation to potential and
other pertinent measures. Any lands not certified as
satisfactory shall be returned to the backlog and scheduled for
prompt treatment. The level and types of treatment shall be
those which secure the most effective mix of multiple use
benefits.
(2) Notwithstanding the provisions of section 9 of this Act,
the Secretary shall annually for eight years following the
enactment of this subsection, transmit to the Congress in the
manner provided in this subsection an estimate of the sums
necessary to be appropriated, in addition to the funds
available from other sources, to replant and otherwise treat an
acreage equal to the acreage to be cut over that year, plus a
sufficient portion of the backlog of lands found to be in need
of treatment to eliminate the backlog within the eight-year
period. After such eight-year period, the Secretary shall
transmit annually to the Congress an estimate of the sums
necessary to replant and otherwise treat all lands being cut
over and maintain planned timber production on all other
forested lands in the National Forest System so as to prevent
the development of a backlog of needed work larger than the
needed work at the beginning of the fiscal year. The
Secretary's estimate of sums necessary, in addition to the sums
available under other authorities, for accomplishment of the
reforestation and other treatment of National Forest System
lands under this section shall be provided annually for
inclusion in the President's budget and shall also be
transmitted to the Speaker of the House and the President of
the Senate together with the annual report provided for under
section 8(c) of this Act at the time of submission of the
President's budget to the Congress beginning with the budget
for fiscal year 1978. The sums estimated as necessary for
reforestation and other treatment shall include moneys needed
to secure seed, grow seedlings, prepare sites, plant trees,
thin, remove deleterious growth and underbrush, build fence to
exclude livestock and adverse wildlife from regeneration areas
and otherwise establish and improve forests to secure planned
production of trees and other multiple use values.
(3) Effective for the fiscal year beginning October 1, 1977,
and each fiscal year thereafter, there is hereby authorized to
be appropriated for the purpose of reforesting and treating
lands in the National Forest System $200,000,000 annually to
meet requirements of this subsection (d). All sums appropriated
for the purposes of this subsection shall be available until
expended.
(e) The Secretary shall submit an annual report to the
Congress on the amounts, types, and uses of herbicides and
pesticides used in the National Forest System, including the
beneficial or adverse effects of such uses.
Sec. 4. Renewable Resource Program.--In order to provide for
periodic review of programs for management and administration
of the National Forest System, for research, for cooperative
State and private Forest Service programs, and for conduct of
other Forest Service activities in relation to the findings of
the Assessment, the [Secretary of Agriculture] Secretary,
utilizing information available to the Forest Service and other
agencies within the Department of Agriculture, including data
prepared pursuant to section 302 of the Rural Development Act
of 1972, shall prepare and transmit to the President a
recommended Renewable Resource Program (hereinafter called the
``Program''). The Program transmitted to the President may
include alternatives, and shall provide in appropriate detail
for protection, management, and development of the National
Forest System, including forest development roads and trails;
for cooperative Forest Service programs; and for research. The
Program shall be developed in accordance with principles set
forth in the Multiple-Use Sustained-Yield Act of June 12, 1960
(74 Stat. 215; 16 U.S.C. 528-531), and the National
Environmental Policy Act of 1969 (83 Stat. 852; 42 U.S.C. 4321-
4347). The Program shall be prepared not later than December
31, 1975, to cover the four-year period beginning October 1,
1976, and at least each of the four fiscal decades next
following such period, and shall be updated no later than
during the first half of the fiscal year ending September 30,
1980, and the first half of each fifth fiscal year thereafter
to cover at least each of the four fiscal decades beginning
next after such updating. The Program shall include, but not be
limited to--
(1) an inventory of specific needs and opportunities
for both public and private program investments. The
inventory shall differentiate between activities which
are of a capital nature and those which are of an
operational nature;
(2) specific identification of Program outputs,
results anticipated, and benefits associated with
investments in such a manner that the anticipated costs
can be directly compared with the total related
benefits and direct and indirect returns to the Federal
Government;
(3) a discussion of priorities for accomplishment of
inventoried Program opportunities, with specified
costs, outputs, results, and benefits;
(4) a detailed study of personnel requirements as
needed to implement and monitor existing and ongoing
programs; and
(5) Program recommendations which--
(A) evaluate objectives for the major Forest
Service programs in order that multiple-use and
sustained-yield relationships among and within
the renewable resources can be determined;
(B) explain the opportunities for owners of
forests and rangeland to participate in
programs to improve and enhance the condition
of the land and the renewable resource products
therefrom;
(C) recognize the fundamental need to protect
and, where appropriate, improve the quality of
soil, water, and air resources;
(D) state national goals that recognize the
interrelationships between and interdependence
within the renewable resources;
(E) evaluate the impact of the export and
import of raw logs upon domestic timber
supplies and prices; and
(F) account for the effects of global climate
change on forest and rangeland conditions,
including potential effects on the geographic
ranges of species, and on forest and rangeland
products.
Sec. 5. National Forest System Resource Inventories.--As a
part of the Assessment, the [Secretary of Agriculture]
Secretary shall develop and maintain on a continuing basis a
comprehensive and appropriately detailed inventory of all
National Forest System lands and renewable resources. This
inventory shall be kept current so as to reflect changes in
conditions and identify new and emerging resources and values.
Sec. 6. National Forest System Resource Planning.--(a) As a
part of the Program provided for by section 4 of this Act, the
[Secretary of Agriculture] Secretary shall develop, maintain,
and, as appropriate, revise land and resource management plans
for units of the National Forest System, coordinated with the
land and resource management planning processes of State and
local governments and other Federal agencies.
(b) In the development and maintenance of land management
plans for use on units of the National Forest System, the
Secretary shall use a systematic interdisciplinary approach to
achieve integrated consideration of physical, biological,
economic, and other sciences.
(c) The Secretary shall begin to incorporate the standards
and guidelines required by this section in plans for units of
the National Forest System as soon as practicable after
enactment of this subsection and shall attempt to complete such
incorporation for all such units by no later than September 30,
1985. The Secretary shall report to the Congress on the
progress of such incorporation in the annual report required by
section 8(c) of this Act. Until such time as a unit of the
National Forest System is managed under plans developed in
accordance with this Act, the management of such unit may
continue under existing land and resource management plans.
(d) The Secretary] (d) Public Participation and
Consultation._
(1) In general._The Secretary shall provide for
public participation in the development, review, and
revision of land management plans including, but not
limited to, making the plans or revisions available to
the public at convenient locations in the vicinity of
the affected unit for a period of at least three months
before final adoption, during which period the
Secretary shall publicize and hold public meetings or
comparable processes at locations that foster public
participation in the review of such plans or revisions.
(2) No additional consultation required after
approval of land management plans.--
(A) In general.--Notwithstanding 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 the Endangered Species
Act (16 U.S.C. 1536) and section 402.16 of
title 50, Code of Federal Regulations (or a
successor regulation)) with respect to--
(i) if a land management plan
approved by the Secretary--
(I) the listing of a species
as threatened or endangered, or
a designation of critical
habitat pursuant to the
Endangered Species Act (16
U.S.C. 1531 et seq.);
(II) whether the amount or
extent of taking specified in
the incidental take statement
is exceeded;
(III) whether new information
reveals effects of the action
that may affect listed species
or critical habitat in a manner
or to an extent not previously
considered; or
(IV) whether the identified
action is subsequently modified
in a manner that causes an
effect to the listed species or
critical habitat that was not
considered in the biological
opinion; or
(ii) any provision of a land
management plan adopted as described in
clause (i).
(B) Effect of paragraph.--Nothing 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, including
a project carried out, or proposed to
be carried out, in an area designated
as critical habitat pursuant to the
Endangered Species Act (16 U.S.C. 1531
et seq.); or
(ii) with respect to the development
of an amendment to a land management
plan that would result in a significant
change in the land management plan.
(3) Land management plan considered a non-
discretionary action.--For purposes of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), a forest
management activity carried out by the Secretary
concerned pursuant to this Act shall be considered a
non-discretionary action.
(e) In developing, maintaining, and revising plans for units
of the National Forest System pursuant to this section, the
Secretary shall assure that such plans--
(1) provide for multiple use and sustained yield of
the products and services obtained therefrom in
accordance with the Multiple-Use Sustained-Yield Act of
1960, and, in particular, include coordination of
outdoor recreation, range, timber, watershed, wildlife
and fish, and wilderness; and
(2) determine forest management systems, harvesting
levels, and procedures in the light of all of the uses
set forth in subsection (c)(1), the definition of the
terms ``multiple use'' and ``sustained yield'' as
provided in the Multiple-Use Sustained-Yield Act of
1960, and the availability of lands and their
suitability for resources management.
(f) Plans developed in accordance with this section shall--
(1) form one integrated plan for each unit of the
National Forest System, incorporating in one document
or one set of documents, available to the public at
convenient locations, all of the features required by
this section;
(2) be embodied in appropriate written material,
including maps and other descriptive documents,
reflecting proposed and possible actions, including the
planned timber sale program and the proportion of
probable methods of timber harvest within the unit
necessary to fulfill the plan;
(3) be prepared by an interdisciplinary team. Each
team shall prepare its plan based on inventories of the
applicable resources of the forest;
(4) be amended in any manner whatsoever after final
adoption after public notice, and, if such amendment
would result in a significant change in such plan, in
accordance with the provisions of subsections (e) and
(f) of this section and public involvement comparable
to that required by subsection (d) of this section; and
(5) be revised (A) from time to time when the
Secretary finds conditions in a unit have significantly
changed, but at least every fifteen years, and (B) in
accordance with the provisions of subsections (e) and
(f) of this section and public involvement comparable
to that required by subsection (d) of this section.
(g) As soon as practicable, but not later than two years
after enactment of this subsection, the Secretary shall in
accordance with the procedures set forth in section 553 of
title 5, United States Code, promulgate regulations, under the
principles of the Multiple-Use Sustained-Yield Act of 1960,
that set out the process for the development and revision of
the land management plans, and the guidelines and standards
prescribed by this subsection. The regulations shall include,
but not be limited to--
(1) specifying procedures to insure that land
management plans are prepared in accordance with the
National Environmental Policy Act of 1969, including,
but not limited to, direction on when and for what
plans an environmental impact statement required under
section 102(2)(C) of that Act shall be prepared;
(2) specifying guidelines which--
(A) require the identification of the
suitability of lands for resource management;
(B) provide for obtaining inventory data on
the various renewable resources, and soil and
water, including pertinent maps, graphic
material, and explanatory aids; and
(C) provide for methods to identify special
conditions or situations involving hazards to
the various resources and their relationship to
alternative activities:
(3) specifying guidelines for land management plans
developed to achieve the goals of the Program which--
(A) insure consideration of the economic and
environmental aspects of various systems of
renewable resource management, including the
related systems of silviculture and protection
of forest resources, to provide for outdoor
recreation (including wilderness), range,
timber, watershed, wildlife, and and fish;
(B) provide for diversity of plant and animal
communities based on the suitability and
capability of the specific land area in order
to meet overall multiple-use objectives, and
within the multiple-use objectives of a land
management plan adopted pursuant to this
section, provide, where appropriate, to the
degree practicable, for steps to be taken to
preserve the diversity of tree species similar
to that existing in the region controlled by
the plan;
(C) insure research on and (based on
continuous monitoring and assessment in the
field) evaluation of the effects of each
management system to the end that it will not
produce substantial and permanent impairment of
the productivity of the land;
(D) permit increases in harvest levels based
on intensified management practices, such as
reforestation, thinning, and tree improvement
if (i) such practices justify increasing the
harvests in accordance with the Multiple-Use
Sustained-Yield Act of 1960, and (ii) such
harvest levels are decreased at the end of each
planning period if such practices cannot be
successfully implemented or funds are not
received to permit such practices to continue
substantially as planned;
(E) insure that timber will be harvested from
National Forest System lands only where--
(i) soil, slope, or other watersheld
conditions will not be irreversibly
damaged;
(ii) there is assurance that such
lands can be adequately restocked
within five years after harvest;
(iii) protection is provided for
streams, streambanks, shorelines,
lakes, wetlands, and other bodies of
water from detrimental changes in water
temperatures, blockages of water
courses, and deposits of sediment,
where harvests are likely to seriously
and adversely affect water conditions
or fish habitat; and
(iv) the harvesting system to be used
is not selected primarily because it
will give the greatest dollar return or
the greatest unit output of timber; and
(F) insure that clearcutting, seed tree
cutting, shelterwood cutting, and other cuts
designed to regenerate an evenaged stand of
timber will be used as a cutting method on
National Forest System lands only where--
(i) for clearcutting, it is
determined to be the optimum method,
and for other such cuts it is
determined to be appropriate, to meet
the objectives and requirements of the
relevant land management plan;
(ii) the interdisciplinary review as
determined by the Secretary has been
completed and the potential
environmental, biological, esthetic,
engineering, and economic impacts on
each advertised sale area have been
assessed, as well as the consistency of
the sale with the multiple use of the
general area;
(iii) cut blocks, patches, or strips
are shaped and blended to the extent
practicable with the natural terrain;
(iv) there are established according
to geographic areas, forest types, or
other suitable classifications the
maximum size limits for areas to be cut
in one harvest operation, including
provision to exceed the established
limits after appropriate public notice
and review by the responsible Forest
Service officer one level above the
Forest Service officer who normally
would approve the harvest proposal:
Provided, That such limits shall not
apply to the size of areas harvested as
a result of natural catastrophic
conditions such as fire, insect and
disease attack, or windstorm; and
(v) such cuts are carried out in a
manner consistent with the protection
of soil, watersheld, fish, wildlife,
recreation, and esthetic resources, and
the regeneration of the timber
resource.
(h)(1) In carrying out the purposes of subsection (g) of this
section, the [Secretary of Agriculture] Secretary shall appoint
a committee of scientists who are not officers or employees of
the Forest Service. The committee shall provide scientific and
technical advice and counsel on proposed guidelines and
procedures to assure that an effective interdiscipinary
approach is proposed and adopted. The committee shall terminate
upon promulgation of the regulations, but the Secretary may,
from time to time, appoint similar committees when considering
revisions of the regulations. The views of the committees shall
be included in the public information supplied when the
regulations are proposed for adoption.
(2) Clerical and technical assistance, as may be necessary to
discharge the duties of the committee, shall be provided from
the personnel of the Department of Agriculture.
(3) While attending meetings of the committee, the members
shall be entitled to receive compensation at a rate of $100 per
diem, including traveltime, and while away from their homes or
regular places of business they may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for persons in the
Government service employed intermittently.
(i) Resource plans and permits, contracts, and other
instruments for the use and occupancy of National Forest System
lands shall be consistent with the land management plans. Those
resource plans and permits, contracts, and other such
instruments currently in existence shall be revised as soon as
practicable to be made consistent with such plans. When land
management plans are revised, resource plans and permits,
contracts, and other instruments, when necessary, shall be
revised as soon as practicable. Any revision in present or
future permits, contracts, and other instruments made pursuant
to this section shall be subject to valid existing rights.
(j) Land management plans and revisions shall become
effective thirty days after completion of public participation
and publication of notification by the Secretary as required
under section 6(d) of this Act.
(k) In developing land management plans pursuant to this Act,
the Secretary shall identify lands within the management area
which are not suited for timber production, considering
physical, economic, and other pertinent factors to the extent
feasible, as determined by the Secretary, and shall assure
that, except for salvage sales or sales necessitated to protect
other multiple-use, values, no timber harvesting shall occur on
such lands for a period of 10 years. Lands once identified as
unsuitable for timber production shall continue to be treated
for reforestation purposes, particularly with regard to the
protection of other multiple-use values. The Secretary shall
review his decision to classify these lands as not suited for
timber production at least every 10 years and shall return
these lands to timber production whenever he determines that
conditions have changed so that they have become suitable for
timber production.
(l) The Secretary shall--
(1) formulate and implement, as soon as practicable,
a process for estimating long-terms costs and benefits
to support the program evaluation requirements of this
Act. This process shall include requirements to provide
information on a representative sample basis of
estimated expenditures associated with the
reforestation, timber stand improvement, and sale of
timber from the National Forest System, and shall
provide a comparison of these expenditures to the
return to the Government resulting from the sale of
timber; and
(2) include a summary of data and findings resulting
from these estimates as a part of the annual report
required pursuant to section 8(c) of this Act,
including an identification on a representative sample
basis of those advertised timber sales made below the
estimated expenditures for such timber as determined by
the above cost process; and
(m) The Secretary shall establish--
(1) standards to insure that, prior to harvest,
stands of trees throughout the National Forest System
shall generally have reached the culmination of mean
annual increment of growth (calculated on the basis of
cubic measurement or other methods of calculation at
the discretion of the Secretary): Provided: That these
standards shall not preclude the use of sound
silvicultural practices, such as thinning or other
stand improvement measures: Provided further, That
these standards shall not preclude the Secretary from
salvage or sanitation harvesting of timber stands which
are substantially damaged by fire, windthrow or other
catastrophe, or which are in imminent danger from
insect or disease attack; and
(2) exceptions to these standards for the harvest of
particular species of trees in management units after
consideration has been given to be multiple uses of the
forest including, but not limited to, recreation,
wildlife habitat, and range and after completion of
public participation processes utilizing the procedures
of subsection (d) of this section.
Sec. 7. Cooperation in Resource Planning.--The [Secretary of
Agriculture] Secretary may utilize the Assessment, resource
surveys, and Program prepared pursuant to this Act to assist
States and other organizations in proposing the planning for
the protection, use, and management of renewable resources on
non-Federal land.
Sec. 8. National Participation.--(a) On the date Congress
first convenes in 1976 and thereafter following each updating
of the Assessment and the Program, the President shall transmit
to the Speaker of the House of Representatives and the
President of the Senate, when Congress convenes, the Assessment
as set forth in section 3 of this Act and the Program as set
forth in section 4 of this Act, together with a detailed
Statement of Policy intended to be used in framing budget
requests by that Administration for Forest Service activities
for the five- or ten-year program period beginning during the
term of such Congress for such further action deemed
appropriate by the Congress. Following the transmission of such
Assessment, Program, and Statement of Policy, the President
shall, subject to other actions of the Congress, carry out
programs already established by law in accordance with such
Statement of Policy or any subsequent amendment or modification
thereof approved by the Congress, unless, before the end of the
first period of ninety calendar days of continuous session of
Congress after the date on which the President of the Senate
and the Speaker of the House are recipients of the transmission
of such Assessment, Program, and Statement of Policy, either
House adopts a resolution reported by the appropriate committee
of jurisdiction disapproving the Statement of Policy. For the
purpose of this subsection, the continuity of a session shall
be deemed to be broken only by an adjournment sine die, and the
days on which either House is not in session because of an
adjournment of more than three days to a day certain shall be
excluded in the computation of the ninety-day period.
Notwithstanding any other provision of this Act, Congress may
revise or modify the Statement of Policy transmitted by the
President, and the revised or modified Statement of Policy
shall be used in framing budget requests.
(b) Commending with the fiscal budget for the year ending
September 30, 1977, requests presented by the President to the
Congress governing Forest Service activities shall express in
qualitative and quantitative terms the extent to which the
programs and policies projected under the budget meet the
policies approved by the Congress in accordance with subsection
(a) of this section. In any case in which such budget so
presented recommends a course which fails to meet the policies
so established, the President shall specifically set forth the
reason or reasons for requesting the Congress to approve the
lesser programs or policies presented. Amounts appropriated to
carry out the policies approved in accordance with subsection
(a) of this section shall be expended in accordance with the
Congressional Budget and Impoundment Control Act of 1974,
Public Law 93-344.
(c) For the purpose of providing information that will aid
Congress in its oversight responsibilities and improve the
accountability of agency expenditures and activities, the
[Secretary of Agriculture] Secretary shall prepare an annual
report which evaluates the component elements of the Program
required to be prepared by section 4 of this Act which shall be
furnished to the Congress at the time of submission of the
annual fiscal budget commencing with the third fiscal year
after the enactment of their Act. With regard to the research
component of the program, the report shall include, but not be
limited to, a description of the status of major research
programs, significant findings, and how these findings will be
applied in National Forest System and in cooperative State and
private Forest Service programs. With regard to the cooperative
forestry assistance part of the Program, the report shall
include, but not be limited to, a description of the status,
accomplishments, needs, and work backlogs for the programs and
activities conducted under the Cooperative Forestry Assistance
Act of 1978.
(d) These annual evaluation reports shall set forth progress
in implementing the Program required to be prepared by section
4 of this Act, together with accomplishments of the Program as
they relate to the objectives of the Assessment. Objectives
should be set forth in qualitative and quantitative terms and
accomplishments should be reported accordingly. The report
shall contain appropriate measurements of pertinent costs and
benefits. The evaluation shall assess the balance between
economic factors and environmental quality factors. Program
benefits shall include, but not be limited to, environmental
quality factors such as esthetics, public access, wildlife
habitat, recreational and wilderness use, and economic factors
such as the excess of cost savings over the value of foregone
benefits and the rate of return on renewable resources.
(e) The reports shall indicate plans for implementing
corrective action and recommendations for new legislation where
warranted.
(f) The reports shall be structured for Congress in concise
summary form with necessary detailed data in appendices.
Sec. 9. National Forest System Program Elements.--The
[Secretary of Agriculture] Secretary shall take such action as
will assure that the development and administration of the
renewable resources of the National Forest System are in full
accord with the concepts for multiple use and sustained yield
of products and services as set forth in the Multiple-Uses
Sustained-Yield Act of 1960. To further these concepts, the
Congress hereby sets the year 2000 as the target year when the
renewable resources of the National Forest System shall be in
an operating posture whereby all backlogs of needed treatment
for their restoration shall be reduced to a current basis and
the major portion of planned intensive multiple-use sustained-
yield management procedures shall be installed and operating on
an environmentally-sound basis. The annual budget shall contain
requests for funds for an orderly program to eliminate such
backlogs: Provided, That when the Secretary finds that (1) the
backlog of areas that will benefit by such treatment has been
eliminated; (2) the cost of treating the remainder of such area
exceeds the economic and environmental benefits to be secured
from their treatment; or (3) the total supplies of the
renewable resources of the United States are adequate to meet
the future needs of the American people, the budget request for
these elements of restoration may be adjusted accordingly.
* * * * * * *
Sec. 12. Renewable Resources.--In carrying out this Act, the
[Secretary of Agriculture] Secretary shall utilize information
and data available from other Federal, State, and private
organizations and shall avoid duplication and overlap of
resource assessment and program planning efforts of other
Federal agencies. The term ``renewable resources'' shall be
construed to involve those matters within the scope of
responsibilities and authorities of the Forest Service on the
date of this Act and on the date of enactment of any
legislation amendatory or supplementary thereto.
Sec. 13. Limitations on Timber Removal.--(a) [Secretary of
Agriculture] Secretary shall limit the sale of timber from each
national forest to a quantity equal to or less than a quantity
which can be removed from such forest annually in perpetuity on
a sustained-yield basis: Provided, That, in order to meet
overall multiple-use objectives, the Secretary may establish an
allowable sale quantity for any decade which departs from the
projected long-term average sale quantity that would otherwise
be established: Provided further, That any such planned
departure must be consistent with the multiple-use management
objectives of the land management plan. Plans for variations in
the allowable sale quantity must be made with public
participation as required by section 6(d) of this Act. In
addition, within any decade, the Secretary may sell a quantity
in excess of the annual allowable sale quantity established
pursuant to this section in the case of any national forest so
long as the average sale quantities of timber from such
national forest over the decade covered by the plan do not
exceed such quantity limitation. In those cases where a forest
has less than two hundred thousand acres of commercial forest
land, the Secretary may use two or more forests for purposes of
determining the sustained yield.
(b) Nothing in subsection (a) of this section shall prohibit
the Secretary from salvage or sanitation harvesting of timber
stands which are substantially damaged by fire, windthrow, or
other catastrophe, or which are in imminent danger from insect
or disease attack. The Secretary may either substitute such
timber for timber that would otherwise be sold under the plan
or, if not feasible, sell such timber over and above the plan
volume.
* * * * * * *
Sec. 15. Regulations.--The [Secretary of Agriculture]
Secretary shall prescribe such regulations as he determines
necessary and desirable to carry out the provisions of this
Act.
* * * * * * *
----------
FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976
* * * * * * *
TITLE II--LAND USE PLANNING; LAND ACQUISITION AND DISPOSITION
* * * * * * *
land use planning
Sec. 202. (a) The Secretary shall, with public involvement
and consistent with the terms and conditions of this Act,
develop, maintain, and, when appropriate, revise land use plans
which provide by tracts or areas for the use of the public
lands. Land use plans shall be developed for the public lands
regardless of whether such lands previously have been
classified, withdrawn, set aside, or otherwise designated for
one or more uses.
(b) In the development and revision of land use plans, the
Secretary of Agriculture shall coordinate land use plans for
lands in the National Forest System with the land use planning
and management programs of and for Indian tribes by among other
things, considering the policies of approved tribal land
resource management programs.
(c) In the development and revision of land use plans, the
Secretary shall--
(1) use and observe the principles of multiple use
and sustained yield set forth in this and other
applicable law;
(2) use a systematic interdisciplinary approach to
achieve integrated consideration of physical,
biological, economic, and other sciences;
(3) give priority to the designation and protection
of areas of critical environmental concern;
(4) rely, to the extent it is available, on the
inventory of the public lands, their resources, and
other values;
(5) consider present and potential uses of the public
lands;
(6) consider the relative scarcity of the values
involved and the availability of alternative means
(including recycling) and sites for realization of
those values;
(7) weigh long-term benefits to the public against
short-term benefits;
(8) provide for compliance with applicable pollution
control laws, including State and Federal air, water,
noise, or other pollution standards or implementation
plans; and
(9) to the extent consistent with the laws governing
the administration of the public lands, coordinate the
land use inventory, planning, and management activities
of or for such lands with the land use planning and
management programs of other Federal departments and
agencies and of the States and local governments within
which the lands are located, including, but not limited
to, the statewide outdoor recreation plans developed
under chapter 2003 of title 54, United States Code, and
of or for Indian tribes by, among other things,
considering the policies of approved State and tribal
land resource management programs. In implementing this
directive, the Secretary shall, to the extent he finds
practical, keep apprised of State, local, and tribal
land use plans; assure that consideration is given to
those State, local, and tribal plans that are germane
in the development of land use plans for public lands;
assist in resolving, to the extent practical,
inconsistencies between Federal and non-Federal
Governmental plans, and shall provide for meaningful
public involvement of State and local government
officials, both elected and appointed, in the
development of land use programs, land use regulations,
and land use decisions for public lands, including
early public notice of proposed decisions which may
have a significant impact on non-Federal lands. Such
officials in each State are authorized to furnish
advice to the Secretary with respect to the development
and revision of land use plans, land use guidelines,
land use rules, and land use regulations for the public
lands within such State and with respect to such other
land use matters as may be referred to them by him.
Land use plans of the Secretary under this section
shall be consistent with State and local plans to the
maximum extent he finds consistent with Federal law and
the purposes of this Act.
(d) Any classification of public lands or any land use plan
in effect on the date of enactment of this Act is subject to
review in the land use planning process conducted under this
section, and all public lands, regardless of classification,
are subject to inclusion in any land use plan developed
pursuant to this section. The Secretary may modify or terminate
any such classification consistent with such land use plans.
(e) The Secretary may issue management decisions to implement
land use plans developed or revised under this section in
accordance with the following:
(1) Such decisions, including but not limited to
exclusions (that is, total elimination) of one or more
of the principal or major uses made by a management
decision shall remain subject to reconsideration,
modification, and termination through revision by the
Secretary or his delegate, under the provisions of this
section, of the land use plan involved.
(2) Any management decision or action pursuant to a
management decision that excludes (that is, totally
eliminates) one or more of the principal or major uses
for two or more years with respect to a tract of land
of one hundred thousand acres or more shall be reported
by the Secretary to the House of Representatives and
the Senate. If within ninety days from the giving of
such notice (exclusive of days on which either House
has adjourned for more than three consecutive days),
the Congress adopts a concurrent resolution of
nonapproval of the management decision or action, then
the management decision or action shall be promptly
terminated by the Secretary. If the committee to which
a resolution has been referred during the said ninety
day period, has not reported it at the end of thirty
calendar days after its referral, it shall be in order
to either discharge the committee from further
consideration of such resolution or to discharge the
committee from consideration of any other resolution
with respect to the management decision or action. A
motion to discharge may be made only by an individual
favoring the resolution, shall be highly privileged
(except that it may not be made after the committee has
reported such a resolution), and debate thereon shall
be limited to not more than one hour, to be divided
equally between those favoring and those opposing the
resolution. An amendment to the motion shall not be in
order, and it shall not be in order to move to
reconsider the vote by which the motion was agreed to
or disagreed to. If the motion to discharge is agreed
to or disagreed to, the motion may not be made with
respect to any other resolution with respect to the
same management decision or action. When the committee
has reprinted, or has been discharged from further
consideration of a resolution, it shall at any time
thereafter be in order (even though a previous motion
to the same effect has been disagreed to) to move to
proceed to the consideration of the resolution. The
motion shall be highly privileged and shall not be
debatable. An amendment to the motion shall not be in
order, and it shall not be in order to move to
reconsider the vote by which the motion was agreed to
or disagreed to.
(3) Withdrawals made pursuant to section 204 of this
Act may be used in carrying out management decisions,
but public lands shall be removed from or restored to
the operation of the Mining Law of 1872, as amended
(R.S. 2318-2352; 30 U.S.C. 21 et. seq.) or transferred
to another department, bureau, or agency only by
withdrawal action pursuant to section 204 or other
action pursuant to applicable law: Provided, That
nothing in this section shall prevent a wholly owned
Government corporation from acquiring and holding
rights as a citizen under the Mining Law of 1872.
[(f) The Secretary] (f) Public Involvement._
(1) In general._The Secretary shall allow an
opportunity for public involvement and by regulation
shall establish procedures, including public hearings
where appropriate, to give Federal, State, and local
governments and the public, adequate notice and
opportunity to comment upon and participate in the
formulation of plans and programs relating to the
management of the public lands.
(2) No additional consultation required after
approval of land use plans.--
(A) In general.--Notwithstanding 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 the Endangered Species
Act (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 the Endangered Species Act
(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
change.--In 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) Effect.--Nothing 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 the Endangered
Species Act (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.
(3) Land use plan considered non-discretionary
action.--For purposes of the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), a forest management
activity carried out by the Secretary concerned
pursuant to this Act shall be considered a non-
discretionary action.
* * * * * * *
----------
ACT OF JUNE 9, 1930
* * * * * * *
Sec. 3. (a) [The Secretary of Agriculture may, when in his or
her judgment such action will be in the public interest,
require any purchaser] The Secretary of Agriculture shall
require each purchaser of national-forest timber to make
deposits of money, in addition to the payments for the timber,
to cover the cost to the United States of (1) planting
(including the production or purchase of young trees), (2)
sowing with tree seeds (including the collection or purchase of
such seeds), (3) cutting, destroying, or otherwise removing
undesirable trees or other growth, on the national-forest land
cut over by the purchaser, in order to improve the future stand
of timber, (4) protecting and improving the future productivity
of the renewable resources of the forest land on such sale
area, including sale area improvement operations maintenance
and construction, reforestation and wildlife habitat
management, or (5) watershed restoration, wildlife habitat
improvement, control of insects, disease and noxious weeds,
community protection activities, and the maintenance of forest
roads, within the Forest Service region in which the timber
sale occurred: Provided, That such activities may be performed
through the use of contracts, forest product sales, and
cooperative agreements. [Such deposits]
(b) Amounts deposited under subsection (a) shall be covered
into the Treasury and shall constitute a special fund, which is
hereby appropriated and made available until expended, to cover
the cost to the United States of such tree planting, seed
sowing, and forest improvement work, as the Secretary of
Agriculture may direct: Provided, That any portion of any
deposit found to be in excess of the cost of doing said work
shall, upon the determination that it is so in excess, be
transferred to miscellaneous receipts forest reserve fund, as a
national-forest receipt of the fiscal year in which such
transfer is made: Provide further, That the Secretary of
Agriculture is authorized, upon application of the Secretary of
the Interior, to furnish seedlings and/or young trees for
replanting of burned-over areas in any national park.
(c)(1) Amounts in the special fund established pursuant to
this section--
(A) shall be used exclusively to implement activities
authorized by subsection (a); and
(B) may be used anywhere within the Forest Service
Region from which the original deposits were collected.
(2) The Secretary of Agriculture may not deduct overhead
costs from the funds collected under subsection (a), except as
needed to fund personnel of the responsible Ranger District for
the planning and implementation of the activities authorized by
subsection (a).
[(c)] (d) Any portion of the balance at the end of a fiscal
year in the special fund established pursuant to this section
that the Secretary of Agriculture determines to be in excess of
the cost of doing work described in subsection (a) (as well as
any portion of the balance in the special fund that the
Secretary determined, before October 1, 2004, to be excess of
the cost of doing work described in subsection (a), but which
has not been transferred by that date) shall be transferred to
miscellaneous receipts, National Forest Fund, as a National
Forest receipt, but only if the Secretary also determines
that--
(1) the excess amounts will not be needed for
emergency wildfire suppression during the fiscal year
in which the transfer would be made; and
(2) the amount to be transferred to miscellaneous
receipts, National Forest Fund, exceeds the outstanding
balance of unreimbursed funds transferred from the
special fund in prior fiscal years for wildfire
suppression.
* * * * * * *
----------
AGRICULTURAL ACT OF 2014
* * * * * * *
TITLE VIII--FORESTRY
* * * * * * *
Subtitle C--Reauthorization of Other Forestry-Related Laws
* * * * * * *
SEC. 8206. GOOD NEIGHBOR AUTHORITY.
(a) Definitions.--In this section:
(1) Authorized restoration services.--The term
``authorized restoration services'' means similar and
complementary forest, rangeland, and watershed
restoration services carried out--
(A) on Federal land and non-Federal land; and
(B) by either the Secretary or a Governor
pursuant to a good neighbor agreement.
(2) Federal land.--
(A) In general.--The term ``Federal land''
means land that is--
(i) National Forest System land; or
(ii) public land (as defined in
section 103 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C.
1702)).
(B) Exclusions.--The term ``Federal land''
does not include--
(i) a component of the National
Wilderness Preservation System;
(ii) Federal land on which the
removal of vegetation is prohibited or
restricted by Act of Congress or
Presidential proclamation (including
the applicable implementation plan); or
(iii) a wilderness study area.
(3) Forest, rangeland, and watershed restoration
services.--
(A) In general.--The term ``forest,
rangeland, and watershed restoration services''
means--
(i) activities to treat insect- and
disease-infected trees;
(ii) activities to reduce hazardous
fuels; [and]
(iii) construction, reconstruction,
repair or restoration of roads as
necessary to achieve project
objectives; and
[(iii)] (iv) any other activities to
restore or improve forest, rangeland,
and watershed health, including fish
and wildlife habitat.
[(B) Exclusions.--The term ``forest,
rangeland, and watershed restoration services''
does not include--
[(i) construction, reconstruction,
repair, or restoration of paved or
permanent roads or parking areas; or
[(ii) construction, alteration,
repair or replacement of public
buildings or works.]
(B) Exclusions.--The term ``forest,
rangeland, and watershed restoration services''
does not include construction, alteration,
repair or replacement of public buildings or
works.
(4) Good neighbor agreement.--The term ``good
neighbor agreement'' means a cooperative agreement or
contract (including a sole source contract) entered
into between the Secretary and a Governor to carry out
authorized restoration services under this section.
(5) Governor.--The term ``Governor'' means the
Governor or any other appropriate executive official of
an affected State or the Commonwealth of Puerto Rico.
(6) Road.--The term ``road'' has the meaning given
the term in section 212.1 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of
this Act).
(7) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with
respect to National Forest System land; and
(B) the Secretary of the Interior, with
respect to Bureau of Land Management land.
(b) Good Neighbor Agreements.--
(1) Good neighbor agreements.--
(A) In general.--The Secretary may enter into
a good neighbor agreement with a Governor to
carry out authorized restoration services in
accordance with this section.
(B) Public availability.--The Secretary shall
make each good neighbor agreement available to
the public.
(2) Timber sales.--
(A) In general.--Subsections (d) and (g) of
section 14 of the National Forest Management
Act of 1976 (16 U.S.C. 472a(d) and (g)) shall
not apply to services performed under a
cooperative agreement or contract entered into
under subsection (a).
(B) Approval of silviculture prescriptions
and marking guides.--The Secretary shall
provide or approve all silviculture
prescriptions and marking guides to be applied
on Federal land in all timber sale projects
conducted under this section.
(3) Retention of nepa responsibilities.--Any decision
required to be made under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
respect to any authorized restoration services to be
provided under this section on Federal land shall not
be delegated to a Governor.
* * * * * * *
----------
FAIR LABOR STANDARDS ACT OF 1938
* * * * * * *
definitions
Sec. 3. As used in this Act--
(a) ``Person'' means an individual, partnership, association,
corporation, business trust, legal representative, or any
organized group of persons.
(b) ``Commerce'' means trade, commerce, transportation,
transmission, or communication among the several States or
between any State and any place outside thereof.
(c) ``State'' means any State of the United States or the
District of Columbia or any Territory or possession of the
United States.
(d) ``Employer'' includes any person acting directly or
indirectly in the interest of an employer in relation to an
employee and includes a public agency, but does not include any
labor organization (other than when acting as an employer) or
anyone acting in the capacity of officer or agent of such labor
organization.
(e)(1) Except as provided in paragraphs (2), (3), and (4),
the term ``employee'' means any individual employed by an
employer.
(2) In the case of an individual employed by a public agency,
such term means--
(A) any individual employed by the Government of the
United States--
(i) as a civilian in the military departments
(as defined in section 102 of title 5, United
States Code),
(ii) in any executive agency (as defined in
section 105 of such title),
(iii) in any unit of the judicial branch of
the Government which has positions in the
competitive service,
(iv) in a nonappropriated fund
instrumentality under the jurisdiction of the
Armed Forces,
(v) in the Library of Congress, or
(vi) the Government Printing Office;
(B) any individual employed by the United States
Postal Service or the Postal Rate Commission; and
(C) any individual employed by a State, political
subdivision of a State, or an interstate governmental
agency, other than such an individual--
(i) who is not subject to the civil service
laws of the State, political subdivision, or
agency which employs him; and
(ii) who--
(I) holds a public elective office of
that State, political subdivision, or
agency,
(II) is selected by the holder of
such an office to be a member of his
personal staff,
(III) is appointed by such an
officeholder to serve on a policymaking
level,
(IV) is an immediate adviser to such
an officeholder with respect to the
constitutional or legal powers of his
office, or
(V) is an employee in the legislative
branch or legislative body of that
State, political subdivision, or agency
and is not employed by the legislative
library of such State, political
subdivision, or agency.
(3) For purposes of subsection (u), such term does not
include any individual employed by an employer engaged in
agriculture if such individual is the parent, spouse, child, or
other member of the employer's immediate family.
(4)(A) The term ``employee'' does not include any individual
who volunteers to perform services for a public agency which is
a State, a political subdivision of a State, or an interstate
governmental agency, if--
(i) the individual receives no compensation or is
paid expenses, reasonable benefits, or a nominal fee to
perform the services for which the individual
volunteered; and
(ii) such services are not the same type of services
which the individual is employed to perform for such
public agency.
(B) An employee of a public agency which is a State,
political subdivision of a State, or an interstate governmental
agency may volunteer to perform services for any other State,
political subdivision, or interstate governmental agency,
including a State, political subdivision or agency with which
the employing State, political subdivision, or agency has a
mutual aid agreement.
(5) The term ``employee'' does not include individuals who
volunteer their services solely for humanitarian purposes to
private non-profit food banks and who receive from the food
banks groceries.
(f) ``Agriculture'' includes farming in all its branches and
among other things includes the cultivation and tillage of the
soil, dairying, the production, cultivation, growing, and
harvesting of any agricultural or horticultural commodities
(including commodities defined as agricultural commodities in
section 15(g) of the Agricultural Marketing Act, as amended),
the raising of livestock, bees, fur-bearing animals, or
poultry, and any practices (including any forestry or lumbering
operations) performed by a farmer or on a farm as an incident
to or in conjunction with such farming operations, including
preparation for market, delivery to storage or to market or to
carriers for transportation to market.
(g) ``Employ'' includes to suffer or permit to work.
(h) ``Industry'' means a trade, business, industry, or other
activity, or branch or group thereof, in which individuals are
gainfully employed.
(i) ``Goods'' means goods (including ships and marine
equipment), wares, products, commodities, merchandise, or
articles or subjects of commerce of any character, or any part
or ingredient thereof, but does not include goods after their
delivery into the actual physical possession of the ultimate
consumer thereof other than a producer, manufacturer, or
processor thereof.
(j) ``Producer'' means produced, manufactured, mined,
handled, or in any manner worked on in any State; and for the
purposes of this Act an employee shall be deemed to have been
engaged in the production of goods if such employee was
employed in producing, manufacturing, mining, handling,
transporting, or in any other manner working on such goods, or
in any closely related process or occupation directly essential
to the production thereof, in any State.
(k) ``Sale'' or ``sell'' includes any sale, exchange,
contract to sell, consignment for sale, shipment for sale, or
other disposition.
(l) ``Oppressive child labor'' means a condition of
employment under which (1) any employee under the age of
sixteen years is employed by an employer (other than a parent
or a person standing in place of a parent employing his own
child or a child in his custody under the age of sixteen years
in an occupation other than manufacturing or mining or an
occupation found by the Secretary of Labor to be particularly
hazardous for the employment of children between the ages of
sixteen and eighteen years or detrimental to their health or
well-being) in any occupation, or (2) any employee between the
ages of sixteen and eighteen years is employed by an employer
in any occupation which the Secretary of Labor shall find and
by order declare to be particularly hazardous for the
employment of children between such ages or detrimental to
their health or well-being; but oppressive child labor shall
not be deemed to exist by virture of the employment in any
occupation of any person with respect to whom the employer
shall have on file an unexpired certificate issued and held
pursuant to regulations of the Secretary of Labor certifying
that such person is above the oppressive child labor age. The
Secretary of Labor shall provide by regulation or by order that
the employment of employees between the ages of fourteen and
sixteen years in occupations other than manufacturing and
mining shall not be deemed to constitute oppressive child labor
if and to the extent that the Secretary of Labor determines
that such employment is confined to periods which will not
interfere with their schooling and to conditions which will not
interfere with their health and [well-being.] well-being, and
that employment of employees ages sixteen or seventeen years in
a logging or mechanized operation in an occupation that the
Secretary of Labor finds and declares to be particularly
hazardous for the employment of individuals of such ages shall
not be deemed to constitute oppressive child labor if such
employee is employed by his parent or by a person standing in
the place of his parent in a logging or mechanized operation
owned or operated by such parent or person.
(m) ``Wage'' paid to any employee includes the reasonable
cost, as determined by the Secretary of Labor, to the employer
of furnishing such employee with board, lodging, or other
facilities, if such board, lodging, or other facilities are
customarily furnished by such employer to his employees:
Provided, That the cost of board, lodging, or other facilities
shall not be included as a part of the wage paid to any
employee to the extent it is excluded therefrom under the terms
of a bona fide collective-bargaining agreement applicable to
the particular employee: Provided further, That the Secretary
is authorized to determine the fair value of such board,
lodging, or other facilities for defined classes of employees
and in defined areas, based on average cost to the employer or
to groups of employers similarly situated, or average value to
groups of employees, or other appropriate measures of fair
value. Such evaluations, where applicable and pertinent, shall
be used in lieu of actual measure of cost in determining the
wage paid to any employee. In determining the wage an employer
is required to pay a tipped employee, the amount paid such
employee by the employee's employer shall be an amount equal
to--
(1) the cash wage paid such employee which for
purposes of such determination shall be not less than
the cash wage required to be paid such an employee on
the date of the enactment of this paragraph; and
(2) an additional amount on account of the tips
received by such employee which amount is equal to the
difference between the wage specified in paragraph (1)
and the wage in effect under section 6(a)(1).
The additional amount on account of tips may not exceed the
value of the tips actually received by an employee. The
preceding 2 sentences shall not apply with respect to any
tipped employee unless such employee has been informed by the
employer of the provisions of this subsection, and all tips
received by such employee have been retained by the employee,
except that this subsection shall not be construed to prohibit
the pooling of tips among employees who customarily and
regularly receive tips.
(n) ``Resale'' shall not include the sale of goods to be used
in residential or farm building construction, repair, or
maintenance: Provided, That the sale is recognized as a bona
fide retail sale in the industry.
(o) Hours Worked.--In determining for the purposes of
sections 6 and 7 the hours for which an employee is employed,
there shall be excluded any time spent in changing clothes or
washing at the beginning or end of each workday which was
excluded from measured working time during the week involved by
the express terms of or by custom or practice under a bona fide
collective-bargaining agreement applicable to the particular
employee.
(p) ``American vessel'' includes any vessel which is
documented or numbered under the laws of the United States.
(q) ``Secretary'' means the Secretary of Labor.
(r)(1) ``Enterprise'' means the related activities performed
(either through unified operation or common control) by any
person or persons for a common business purpose, and includes
all such activities whether performed in one or more
establishments or by one or more corporate or other
organizational units including departments of an establishment
operated through leasing arrangements, but shall not include
the related activities performed for such enterprise by an
independent contractor. Within the meaning of this subsection,
a retail or service establishment which is under independent
ownership shall not be deemed to be so operated or controlled
as to be other than a separate and distinct enterprise by
reason of any arrangement, which includes, but is not
necessarily limited to, an agreement, (A) that it will sell, or
sell only, certain goods specified by a particular
manufacturer, distributor, or advertiser, or (B) that it will
join with other such establishments in the same industry for
the purpose of collective purchasing, or (C) that it will have
the exclusive rights to sell the goods or use the brand name of
a manufacturer, distributor, or advertiser within a specified
area, or by reason of the fact that it occupies premises leased
to it by a person who also leases premises to other retail or
service establishments.
(2) For purposes of paragraph (1), the activities performed
by any person or persons--
(A) in connection with the operation of a hospital,
an institution primarily engaged in the care of the
sick, the aged, the mentally ill or defective who
reside on the premises of such institution, a school
for mentally or physicially handicapped or gifted
children, a preschool, elementary or secondary school,
or an institution of higher education (regardless of
whether or not such hospital, institution, or school is
operated for profit or not for profit), or
(B) in connection with the operation of a street,
suburban or interurban electric railway, or local
trolley or motorbus carrier, if the rates and services
of such railway or carrier are subject to regulation by
a State or local agency (regardless of whether or not
such railway or carrier is public or private or
operated for profit or not for profit), or
(C) in connection with the activities of a public
agency.
shall be deemed to be activities performed for a business
purpose.
(s)(1) ``Enterprise engaged in commerce or in the production
of goods for commerce'' means an enterprise that--
(A)(i) has employees engaged in commerce or in the
production of goods for commerce, or that has employees
handling, selling, or otherwise working on goods or
materials that have been moved in or produced for
commerce by any person; and
(ii) is an enterprise whose annual gross volume of
sales made or business done is not less than $500,000
(exclusive of excise taxes at the retail level that are
separately stated);
(B) is engaged in the operation of a hospital, an
institution primarily engaged in the care of the sick,
the aged, or the mentally ill or defective who reside
on the premises of such institution, a school for
mentally or physically handicapped or gifted children,
a preschool, elementary or secondary school, or an
institution of higher education (regardless of whether
or not such hospital, institution, or school is public
or private or operated for profit or not for profit);
or
(C) is an activity of a public agency.
(2) Any establishment that has as its only regular employees
the owner thereof or the parent, spouse, child, or other member
of the immediate family of such owner shall not be considered
to be an enterprise engaged in commerce or in the production of
goods for commerce or a part of such an enterprise. The sales
of such an establishment shall not be included for the purpose
of determining the annual gross volume of sales of any
enterprise for the purpose of this subsection.
(t) ``Tipped employee'' means any employee engaged in an
occupation in which he customarily and regularly receives more
than $30 a month in tips.
(u) ``Man-day'' means any day during which an employee
performs any agricultural labor for not less than one hour.
(v) ``Elementary school'' means a day or residential school
which provides elementary education, as determined under State
law.
(w) ``Secondary school'' means a day or residential school
which provides secondary education, as determined under State
law.
(x) ``Public agency'' means the Government of the United
States; the government of a State or political subdivision
thereof; any agency of the United States (including the United
States Postal Service and Postal Rate Commission), a State, or
a political subdivision of a State; or any interstate
governmental agency.
(y) ``Employee in fire protection activities'' means an
employee, including a firefighter, paramedic, emergency medical
technician, rescue worker, ambulance personnel, or hazardous
materials worker, who--
(1) is trained in fire suppression, has the legal
authority and responsibility to engage in fire
suppression, and is employed by a fire department of a
municipality, county, fire district, or State; and
(2) is engaged in the prevention, control, and
extinguishment of fires or response to emergency
situations where life, property, or the environment is
at risk.
(z)(1) ``Logging''--
(A) means--
(i) the felling, skidding, yarding, loading
and processing of timber by equipment other
than manually operated chainsaws and cable
skidders;
(ii) the felling of timber in mechanized
operations;
(iii) the bucking or converting of timber
into logs, poles, ties, bolts, pulpwood,
chemical wood, excelsior wood, cordwood, fence
posts, or similar products;
(iv) the collecting, skidding, yarding,
loading, transporting and unloading of such
products in connection with logging;
(v) the constructing, repairing and
maintaining of roads or camps used in
connection with logging; the constructing,
repairing, and maintenance of machinery or
equipment used in logging; and
(vi) other work performed in connection with
logging; and
(B) does not include the manual use of chain saws to
fell and process timber and the use of cable skidders
to bring the timber to the landing.
(2) ``Mechanized operation''--
(A) means the felling, skidding, yarding, loading and
processing of timber by equipment other than manually
operated chainsaws and cable skidders; and
(B) includes whole tree processors, cut-to-length
processors, stroke boom delimbers, wheeled and track
feller-bunchers, pull thru delimbers, wheeled and track
forwarders, chippers, grinders, mechanical debarkers,
wheeled and track grapple skidders, yarders,
bulldozers, excavators, and log loaders.
* * * * * * *
exemptions
Sec. 13. (a) The provisions of sections 6 (except section
6(d) in the case of paragraph (1) of this subsection) and 7
shall not apply with respect to--
(1) any employee employed in a bona fide executive,
administrative, or professional capacity (including any
employee employed in the capacity of academic
administrative personnel or teacher in elementary or
secondary schools), or in the capacity of outside
salesman (as such terms are defined and delimited from
time to time by regulations of the Secretary, subject
to the provisions of the Administrative Procedure Act,
except that an employee of a retail or service
establishment shall not be excluded from the definition
of employee employed in a bona fide executive or
administrative capacity because of the number of hours
in his workweek which he devotes to activities not
directly or closely related to the performance of
executive or administrative activities, if less than 40
per centum of his hours worked in the workweek are
devoted to such activities); or
(3) any employee employed by an establishment which
is an amusement or recreational establishment,
organized camp, or religious or non-profit educational
conference center, if (A) it does not operate for more
than seven months in any calendar year, or (B) during
the preceding calendar year, its average receipts for
any six months of such year were not more than 33\1/3\
per centum of its average receipts for the other six
months of such year, except that the exemption from
sections 6 and 7 provided by this paragraph does not
apply with respect to any employee of a private entity
engaged in providing services or facilities (other
than, in the case of the exemption from section 6, a
private entity engaged in providing services and
facilities directly related to skiing) in a national
park or a national forest, or on land in the National
Wildlife Refuge System, under a contract with the
Secretary of the Interior or the Secretary of
Agriculture; or
(5) any employee employed in the catching, taking,
propagating, harvesting, cultivating, or farming of any
kind of fish, shellfish, crustacea, sponges, seaweeds,
or other acquatic forms of animal and vegetable life,
or in the first processing, canning or packing such
marine products at sea as an incident to, or in
conjunction with, such fishing operations, including
the going to and returning from work and loading and
unloading when performed by any such employee; or
(6) any employee employed in agriculture (A) if such
employee is employed by an employer who did not, during
any calendar quarter during the preceding calendar
year, use more than five hundred man-days of
agricultural labor, (B) if such employee is the parent,
spouse, child, or other member of his employer's
immediate family, (C) if such employee (i) is employed
as a hand harvest laborer and is paid on a piece rate
basis in an operation which has been, and is
customarily and generally recognized as having been,
paid on a piece rate basis in the region of employment,
(ii) commutes daily from his permanent residence to the
farm on which he is so employed, and (iii) has been
employed in agriculture less than thirteen weeks during
the preceding calendar year, (D) if such employee
(other than an employee described in clause (C) of this
subsection) (i) is sixteen years of age or under and is
employed as a hand harvest laborer, is paid on a piece
rate basis in an operation which has been, and is
customarily and generally recognized as having been,
paid on a piece rate basis in the region of employment,
(ii) is employed on the same farm as his parent or
person standing in the place of his parent, and (iii)
is paid at the same piece rate as employees over age
sixteen are paid on the same farm, or (E) if such
employee is principally engaged in the range production
of livestock; or
(7) any employee to the extent that such employee is
exempted by regulations, order, or certificate of the
Secretary issued under section 14; or
(8) any employee employed in connection with the
publication of any weekly, semiweekly, or daily
newspaper with a circulation of less than four thousand
the major part of which circulation is within the
county where published or counties contiguous thereto;
or
(10) any switchboard operator employed by an
independently owned public telephone company which has
not more than seven hundred and fifty stations; or
(12) any employee, employed as a seaman on a vessel
other than an American vessel; or
(15) any employee employed on a casual basis in
domestic service employment to provide babysitting
services or any employee employed in domestic service
employment to provide companionship services for
individuals who (because of age or infirmity) are
unable to care for themselves (as such terms are
defined and delimited by regulations of the Secretary);
or
(16) a criminal investigator who is paid availability
pay under section 5545a of title 5, United States Code;
(17) any employee who is a computer systems analyst,
computer programmer, software engineer, or other
similarly skilled worker, whose primary duty is--
(A) the application of systems analysis
techniques and procedures, including consulting
with users, to determine hardware, software, or
system functional specifications;
(B) the design, development, documentation,
analysis, creation, testing, or modification of
computer systems or programs, including
prototypes, based on and related to user or
system design specifications;
(C) the design, documentation, testing,
creation, or modification of computer programs
related to machine operating systems; or
(D) a combination of duties described in
subparagraphs (A), (B), and (C) the performance
of which requires the same level of skills, and
who, in the case of an employee who is compensated on
an hourly basis, is compensated at a rate of not less
than $27.63 an hour; or
(18) any employee who is a border patrol agent, as
defined in section 5550(a) of title 5, United States
Code.
(b) The provisions of section 7 shall not apply with respect
to--
(1) any employee with respect to whom the Secretary
of Transportation has power to establish qualifications
and maximum hours of service pursuant to the provisions
of section 204 of the Motor Carrier Act, 1935; or
(2) any employee of an employer engaged in the
operation of a rail carrier subject to part A of
subtitle IV of title 49, United States Code; or
(3) any employee of a carrier by air subject to the
provisions of title II of the Railway Labor Act; or
(5) any individual employed as an outside buyer of
poultry, eggs, cream, or milk, in their raw or natural
state; or
(6) any employee employed as a seaman; or
(9) any employee employed as an announcer, news
editor, or chief engineer by a radio or television
station the major studio of which is located (A) in a
city or town of one hundred thousand population or
less, according to the latest available decennial
census figures as complied by the Bureau of the Census,
except where such city or town is part of a standard
metropolitan statistical area, as defined and
designated by the Bureau of the Budget, which has a
total population in excess of one hundred thousand, or
(B) in a city or town or twenty-five thousand
population or less, which is part of such an area but
is at least 40 airline miles from the principal city in
such area; or
(10) A any salesman, partsman, or mechanic primarily
engaged in selling or servicing automobiles, trucks, or
farm implements, if he is employed by a
nonmanufacturing establishment primarily engaged in the
business of selling such vehicles or implements to
utlimate purchasers; or
(B) any salesman primarily engaged in selling
trailers, boats, or aircraft, if he is employed by a
nonmanufacturing establishment primarily engaged in the
business of selling trailers, boats, or aircraft to
ultimate purchasers; or
(11) any employee employed as a driver or drivers'
helper making local deliveries, who is compensated for
such employment on the basis of trip rates, or other
delivery payment plan, if the Secretary shall find that
such plan has the general purpose and effect of
reducing hours worked by such employees to, or below,
the maximum workweek applicable to them under section
7(a); or
(12) any employee employed in agriculture or in
connection with the operation or maintenance of
ditches, canals, reservoirs, or waterways, not owned or
operated for profit, or operated on a sharecrop basis,
and which are used exclusively for supply and storing
of water, at least 90 percent of which was ultimately
delivered for agricultural purposes during the
preceding calendar year; or
(13) any employee with respect to his employment in
agriculture by a farmer, notwithstanding other
employment of such employee in connection with
livestock auction operations in which such farmer is
engaged as an adjunct to the raising of livestock,
either on his own account or in conjunction with other
farmers, if such employee (A) is primarily employed
during his workweek in agriculture by such farmer, and
(B) is paid for his employment in connection with such
livestock auction operations at a wage rate not less
than that prescribed by section 6(a)(1); or
(14) any employee employed within the area of
production (as defined by the Secretary) by an
establishment commonly recognized as a country
elevator, including such an establishment which sells
products and services used in the operation of a farm,
if no more than five employees are employed in the
establishment in such operations; or
(15) any employee engaged in the processing of maple
sap into sugar (other than refined sugar) or syrup; or
(16) any employee engaged (A) in the transportation
and preparation for transportation of fruits or
vegetables, whether or not performed by the farmer,
from the farm to a place of first processing or first
marketing within the same State, or (B) in
transportation, whether or not performed by the farmer,
between the farm and any point within the same State of
persons employed or to be employed in the harvesting of
fruits or vegetables; or
(17) any driver employed by an employer engaged in
the business of operating taxicabs; or
(20) any employee of a public agency who in any
workweek is employed in fire protection activities or
any employee of a public agency who in any workweek is
employed in law enforcement activities (including
security personnel in correctional institutions), if
the public agency employs during the workweek less than
5 employees in fire protection or law enforcement
activities, as the case may be; or
(21) any employee who is employed in domestic service
in a household and who resides in such household; or
(24) any employee who is employed with his spouse by
a nonprofit educational institution to serve as the
parents of children--
(A) who are orphans or one of whose natural
parents is decreased, or
(B) who are enrolled in such institution and
reside in residential factilities of the
institution.
while such children are in residence at such
institution, if such employee and his spouse reside in
such facilities, receive, without cost, board and
lodging from such institution, and are together
compensated, on a cash basis, at an annual rate of not
less than $10,000; or
(27) any employee employed by an establishment which
is a motion picture theater; or
(28) any employee employed in planting or tending
trees, cruising, surveying, or felling timber, or in
preparing, or transporting logs or other forestry
products to the mill, processing plant, railroad, or
other transportation terminal, if the number of
employees employed by his employer in such forestry or
lumbering operations does not exceed eight;
(29) any employee of an amusement or recreational
establishment located in a national park or national
forest or on land in the National Wildlife Refuge
System if such employee (A) is an employee of a private
entity engaged in providing services or facilities in a
national park or national forest, or on land in the
National Wildlife Refuge System, under a contract with
the Secretary of the Interior or the Secretary of
Agriculture, and (B) receives compensation for
employment in excess of fifty-six hours in any workweek
at a rate not less than one and one-half times the
regular rate at which he is employed; or
(30) a criminal investigator who is paid availability
pay under section 5545a of title 5, United States Code.
(c)(1) Except as provided in paragraph (2) or (4), the
provisions of section 12 relating to child labor shall not
apply to any employee employed in agriculture outside of school
hours for the school district where such employee is living
while he is so employed, if such employee--
(A) is less than twelve years of age and (i) is
employed by his parent, or by a person standing in the
place of his parent, on a farm owned or operated by
such parent or person, or (ii) is employed with the
consent of his parent or person standing in the place
of his parent, on a farm, none of the employees of
which are (because of section 13(a)(6)(A)) required to
be paid at the wage rate prescribed by section 6(a)(5),
(B) is twelve years or thirteen years of age and (i)
such employment is with the consent of his parent or
person standing in the place of his parent, or (ii) his
parent or such person is employed on the same farm as
such employee, or
(C) is fourteen years of age or older.
(2) The provisions of section 12 relating to child labor
shall apply to an employee below the age of sixteen employed in
agriculture in an occupation that the Secretary of Labor finds
and declares to be particularly hazardous for the employment of
children below the age of sixteen, except where such employee
is employed by his parent or by a person standing in the place
of his parent on a farm owned or operated by such parent or
person.
(3) The provisions of section 12 relating to child labor
shall not apply to any child employed as an actor or performer
in motion pictures or theatrical productions, or in radio or
television productions.
(4)(A) An employer or group of employers may apply to the
Secretary for a waiver of the application of section 12 to the
employment for not more than eight weeks in any calendar year
of individuals who are less than twelve years of age, but not
less than ten years of age, as hand harvest laborers in an
agricultural operation which has been, and is customarily and
generally recognized as being, paid on a piece rate basis in
the region in which such individuals would be employed. The
Secretary may not grant such a waiver unless he finds, based on
objective data submitted by the applicant, that--
(i) the crop to be harvested is one with a
particularly short harvesting season and the
application of section 12 would cause severe economic
disruption in the industry of the employer or group of
employers applying for the wavier;
(ii) the employment of the individuals to whom the
waiver would apply would not be deleterious to their
health or well-being;
(iii) the level and type of pesticides and other
chemicals used would not have an adverse effect on the
health or well-being of the individuals to whom the
waiver would apply;
(iv) individuals age twelve and above are not
available for such employment; and
(v) the industry of such employer or group of
employers has traditionally and substantially employed
individuals under twelve years of age without
displacing substantial job opportunities for
individuals over sixteen years of age.
(B) Any waiver granted by the Secretary under subparagraph
(A) shall require that--
(i) the individuals employed under such waiver be
employed outside of school hours for the school
district where they are living while so employed;
(ii) such individuals while so employed commute daily
from their permanent residence to the farm on which
they are so employed; and
(iii) such individuals be employed under such waiver
(I) for not more than eight weeks between June 1 and
October 15 of any calendar year, and (II) in accordance
with such other terms and conditions as the Secretary
shall prescribe for such individuals' protection.
(5)(A) In the administration and enforcement of the child
labor provisions of this Act, employees who are 16 and 17 years
of age shall be permitted to load materials into, but not
operate or unload materials from, scrap paper balers and paper
box compactors--
(i) that are safe for 16- and 17-year-old employees
loading the scrap paper balers or paper box compactors;
and
(ii) that cannot be operated while being loaded.
(B) For purposes of subparagraph (A), scrap paper balers and
paper box compactors shall be considered safe for 16- or 17-
year-old employees to load only if--
(i)(I) the scrap paper balers and paper box
compactors meet the American National Standards
Institute's Standard ANSI Z245.5-1990 for scrap paper
balers and Standard ANSI Z245.2-1992 for paper box
compactors; or
(II) the scrap paper balers and paper box compactors
meet an applicable standard that is adopted by the
American National Standards Institute after the date of
enactment of this paragraph and that is certified by
the Secretary to be at least as protective of the
safety of minors as the standard described in subclause
(I);
(ii) the scrap paper balers and paper box compactors
include an on-off switch incorporating a key-lock or
other system and the control of the system is
maintained in the custody of employees who are 18 years
of age or older;
(iii) the on-off switch of the scrap paper balers and
paper box compactors is maintained in an off position
when the scrap paper balers and paper box compactors
are not in operation; and
(iv) the employer of 16- and 17-year-old employees
provides notice, and posts a notice, on the scrap paper
balers and paper box compactors stating that--
(I) the scrap paper balers and paper box
compactors meet the applicable standard
described in clause (i);
(II) 16- and 17-year-old employees may only
load the scrap paper balers and paper box
compactors; and
(III) any employee under the age of 18 may
not operate or unload the scrap paper balers
and paper box compactors.
The Secretary shall publish in the Federal Register a standard
that is adopted by the American National Standards Institute
for scrap paper balers or paper box compactors and certified by
the Secretary to be protective of the safety of minors under
clause (i)(II).
(C)(i) Employers shall prepare and submit to the Secretary
reports--
(I) on any injury to an employee under the age of 18
that requires medical treatment (other than first aid)
resulting from the employee's contact with a scrap
paper baler or paper box compactor during the loading,
operation, or unloading of the baler or compactor; and
(II) on any fatality of an employee under the age of
18 resulting from the employee's contact with a scrap
paper baler or paper box compactor during the loading,
operation, or unloading of the baler or compactor.
(ii) The reports described in clause (i) shall be used by the
Secretary to determine whether or not the implementation of
subparagraph (A) has had any effect on the safety of children.
(iii) The reports described in clause (i) shall provide--
(I) the name, telephone number, and address of the
employer and the address of the place of employment
where the incident occurred;
(II) the name, telephone number, and address of the
employee who suffered an injury or death as a result of
the incident;
(III) the date of the incident;
(IV) a description of the injury and a narrative
describing how the incident occurred; and
(V) the name of the manufacturer and the model number
of the scrap paper baler or paper box compactor
involved in the incident.
(iv) The reports described in clause (i) shall be submitted
to the Secretary promptly, but not later than 10 days after the
date on which an incident relating to an injury or death
occurred.
(v) The Secretary may not rely solely on the reports
described in clause (i) as the basis for making a determination
that any of the employers described in clause (i) has violated
a provision of section 12 relating to oppressive child labor or
a regulation or order issued pursuant to section 12. The
Secretary shall, prior to making such a determination, conduct
an investigation and inspection in accordance with section
12(b).
(vi) The reporting requirements of this subparagraph shall
expire 2 years after the date of enactment of this
subparagraph.
(6) In the administration and enforcement of the child labor
provisions of this Act, employees who are under 17 years of age
may not drive automobiles or trucks on public roadways.
Employees who are 17 years of age may drive automobiles or
trucks on public roadways only if--
(A) such driving is restricted to daylight hours;
(B) the employee holds a State license valid for the
type of driving involved in the job performed and has
no records of any moving violation at the time of hire;
(C) the employee has successfully completed a State
approved driver education course;
(D) the automobile or truck is equipped with a seat
belt for the driver and any passengers and the
employee's employer has instructed the employee that
the seat belts must be used when driving the automobile
or truck;
(E) the automobile or truck does not exceed 6,000
pounds of gross vehicle weight;
(F) such driving does not involve--
(i) the towing of vehicles;
(ii) route deliveries or route sales;
(iii) the transportation for hire of
property, goods, or passengers;
(iv) urgent, time-sensitive deliveries;
(v) more than two trips away from the primary
place of employment in any single day for the
purpose of delivering goods of the employee's
employer to a customer (other than urgent,
time-sensitive deliveries);
(vi) more than two trips away from the
primary place of employment in any single day
for the purpose of transporting passengers
(other than employees of the employer);
(vii) transporting more than three passengers
(including employees of the employer); or
(viii) driving beyond a 30 mile radius from
the employee's place of employment; and
(G) such driving is only occasional and incidental to
the employee's employment.
For purposes of subparagraph (G), the term ``occasional and
incidental'' is no more than one-third of an employee's
worktime in any workday and no more than 20 percent of an
employee's worktime in any workweek.
(7)(A)(i) Subject to subparagraph (B), in the administration
and enforcement of the child labor provisions of this Act, it
shall not be considered oppressive child labor for a new
entrant into the workforce to be employed inside or outside
places of business where machinery is used to process wood
products.
(ii) In this paragraph, the term ``new entrant into the
workforce'' means an individual who--
(I) is under the age of 18 and at least the age of
14, and
(II) by statute or judicial order is exempt from
compulsory school attendance beyond the eighth grade.
(B) The employment of a new entrant into the workforce under
subparagraph (A) shall be permitted--
(i) if the entrant is supervised by an adult relative
of the entrant or is supervised by an adult member of
the same religious sect or division as the entrant;
(ii) if the entrant does not operate or assist in the
operation of power-driven woodworking machines;
(iii) if the entrant is protected from wood particles
or other flying debris within the workplace by a
barrier appropriate to the potential hazard of such
wood particles or flying debris or by maintaining a
sufficient distance from machinery in operation; and
(iv) if the entrant is required to use personal
protective equipment to prevent exposure to excessive
levels of noise and saw dust.
(8) The provisions of section 12 relating to child labor
shall apply to an employee who is 16 or 17 years old employed
in a logging or mechanized operation in an occupation that the
Secretary of Labor finds and declares to be particularly
hazardous for the employment of children ages 16 or 17, except
where such employee is employed by his parent or by a person
standing in the place of his parent in a logging or mechanized
operation owned or operated by such parent or person.
(d) The provisions of sections 6, 7, and 12 shall not apply
with respect to any employee engaged in the delivery of
newspapers to the consumer or to any homemaker engaged in the
making of wreaths composed principally of natural holly, pine,
cedar, or other evergreens (including the harvesting of the
evergreens or other forest products used in making such
wreaths).
(e) The provisions of section 7 shall not apply with respect
to employees for whom the Secretary of Labor is authorized to
establish minimum wage rates as provided in section 6(a)(3),
except with respect to employees for whom such rates are in
effect; and with respect to such employees the Secretary may
make rules and regulations providing reasonable limitations and
allowing reasonable variations, tolerances, and exemptions to
and from any or all of the provisions of section 7 if he shall
find, after a public hearing on the matter, and taking into
account the factors set forth in section 6(a)(3), that economic
conditions warrant such action.
(f) The provisions of sections 6, 7, 11, and 12 shall not
apply with respect to any employees whose services during the
workweek are performed in a workplace within a foreign country
or within territory under the jurisdiction of the United States
other than the following: a State of the United States; the
District of Columbia; Puerto Rico; the Virgin Islands; Outer
Continental Shelf lands defined in the Outer Continental Shelf
Lands Act (ch. 345, 67 Stat. 462); American Samoa; Guam; Wake
Island; Eniwetok Atoll; Kwajalein Atoll; and Johnston Island.
(g) The exemption from section 6 provided by paragraph (6) of
subsection (a) of this section shall not apply with respect to
any employee employed by an establishment (1) which controls,
is controlled by, or is under common control with, another
establishment the activities of which are not related for a
common business purpose to, but materially support the
activities of the establishment employing such employee; and
(2) whose annual gross volume of sales made or business done,
when combined with the annual gross volume of sales made or
business done by each establishment which controls, is
controlled by, or is under common control with, the
establishment employing such employee, exceeds $10,000,000
(exclusive of excise taxes at the retail level which are
separately stated).
(h) The provisions of section 7 shall not apply for a period
or periods of not more than fourteen workweeks in the aggregate
in any calendar year to any employee who--
(1) is employed by such employer--
(A) exclusively to provide services necessary
and incidental to the ginning of cotton in an
establishment primarily engaged in the ginning
of cotton;
(B) exclusively to provide services necessary
and incidental to the receiving, handling, and
storing of raw cotton and the compressing of
raw cotton when performed at a cotton warehouse
or compress-warehouse facility, other than one
operated in conjunction with a cotton mill,
primarily engaged in storing and compressing;
(C) exclusively to provide services necessary
and incidental to the receiving, handling,
storing, and processing of cottonseed in an
establishment primarily engaged in the
receiving, handling, storing, and processing of
cottonseed; or
(D) exclusively to provide services necessary
and incidental to the processing of sugar cane
or sugar beets in an establishment primarily
engaged in the processing of sugar cane or
sugar beets; and
(2) receives for--
(A) such employment by such employer which is
in excess of ten hours in any workday, and
(B) such employment by such employer which is
in excess of forty-eight hours in any workweek,
compensation at a rate not less than one and one-half
times the regular rate at which he is employes.
Any employer who receives an exemption under this subsection
shall not be eligible for any other exemption under this
section or section 7.
(i) The provisions of section 7 shall not apply for a period
or periods of not more than fourteen workweeks in the aggregate
in any period of fifty-two consecutive weeks to any employee
who--
(1) is engaged in the ginning of cotton for market in
any place of employment located in a county where
cotton is grown in commercial quantities; and
(2) receives for any such employment during such
workweek--
(A) in excess of ten hours in any workday,
and
(B) in excess of forty-eight hours in any
workweek, compensation at a rate not less than
one and one-half times the regular rate at
which he is employed. No week included in any
fifty-two week period for purposes of the
preceding sentence may be included for such
purposes in any other fifty-two week period.
(j) The provisions of section 7 shall not apply for a period
or periods of not more than fourteen workweeks in the aggregate
in any period of fifty-two consecutive weeks to any employee
who--
(1) is engaged in the processing of sugar beets,
sugar beet molasses, or sugar cane into sugar (other
than refined sugar) or syrup; and
(2) receives for any such employment during such
workweeks--
(A) in excess of ten hours in any workday,
and
(B) in excess of forty-eight hours in any
workweek, compensation at a rate not less than
one and one-half times the regular rate at
which he is employed. No week included in any
fifty-two week period for purposes of the
preceding sentence may be included for such
purposes in any other fifty-two week period.
* * * * * * *
----------
ACT OF AUGUST 28, 1937
AN ACT relating to the revested Oregon and California Railroad and
reconveyed Coos Bay Wagon Road grant lands situated in the State of
Oregon.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That
notwithstanding any provisions in the Acts of June 9, 1916 (39
Stat. 218), and February 26, 1919 (40 Stat. 1179), as amended,
such portions of the revested Oregon and California Railroad
and reconveyed Coos Bay Wagon Road grant lands as are or may
hereafter come under the jurisdiction of the Department of the
Interior, which have heretofore or may hereafter be classified
as timberlands, and power-site lands valuable for timber, shall
be managed, except as provided in section 3 hereof, for
permanent forest production, and the timber thereon shall be
sold, cut, and removed in conformity with the [principal of
sustained yield] principle of sustained yield for the purpose
of providing a permanent source of timber supply, protecting
watersheds, regulating stream flow, and contributing to the
economic stability of local communities and industries, and
providing recreational [facilties] facilities: Provided, That
nothing herein shall be construed to interface with the use and
development of power sites as may be authorized by law.
The annual productive capacity for such lands shall be
determined and declared as promptly as possible after the
passage of this Act, but until such determination and
declaration are made the average annual cut therefrom shall not
exceed one-half billion feet board measure: Provided, [That
timber from said lands in an amount] That timber from said
lands in the amount that is the greater of: not less than one-
half billion feet board measure, or not less than the annual
sustained yield capacity when the same has been determined and
declared, shall be sold annually, or so much thereof as can be
sold at reasonable prices on a normal market.
If the Secretary of the Interior determines that such action
will facilitate sustained-yield management, he may subdivide
such revested lands into sustained-yield forest units, the
boundary lines of which shall be so established that a forest
unit will provide, insofar as practicable, a permanent source
of raw materials for the support of dependent communities and
local industries of the region; but until such subdivision is
made the land shall be treated as a single unit in applying the
principle of sustained yield, Provided, That before the
boundary lines of such forest units are established, the
Department, after published notice thereof, shall hold a
hearing thereon in the vicinity of such lands open to the
attendance of State and local officers, representatives of
dependent industries, residents, and other persons interested
in the use of such lands. Due consideration shall be given to
established lumbering operations in subdividing such lands when
necessary to protect the economic stability of dependent
communities. Timber sales from a forest unit shall be limited
to the productive capacity of such unit and the Secretary is
authorized, in his discretion, to reject any bids which may
interfere with the sustained-yield management plan of any unit.
* * * * * * *
----------
ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT
* * * * * * *
TITLE I--FINDINGS, DECLARATIONS, AND DEFINITIONS
* * * * * * *
definitions
Sec. 102. As used in this Act--
(1) Emergency.--``Emergency'' means any occasion or
instance for which, in the determination of the
President, Federal assistance is needed to supplement
State and local efforts and capabilities to save lives
and to protect property and public health and safety,
or to lessen or avert the threat of a catastrophe in
any part of the United States.
(2) Major disaster.--
(A) Major disaster.--The term ``Major
disaster'' means any natural catastrophe
(including any hurricane, tornado, storm, high
water, winddriven water, tidal wave, tsunami,
earthquake, volcanic eruption, landslide,
mudslide, snowstorm, or drought), or,
regardless of cause, any fire, flood, or
explosion, in any part of the United States,
which in the determination of the President
causes damage of sufficient severity and
magnitude to warrant major disaster assistance
under this Act to supplement the efforts and
available resources of States, local
governments, and disaster relief organizations
in alleviating the damage, loss, hardship, or
suffering caused thereby.
(B) Major disaster for wildfire on Federal
lands.--The term ``major disaster for wildfire
on Federal lands'' means any wildfire or
wildfires, which in the determination of the
President under section 802 warrants assistance
under section 803 to supplement the efforts and
resources of the Department of the Interior or
the Department of Agriculture--
(i) on Federal lands; or
(ii) on non-Federal lands pursuant to
a fire protection agreement or
cooperative agreement.
(3) ``United States'' means the fifty States, the
District of Columbia, Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
(4) ``State'' means any State of the United States,
the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
(5) ``Governor'' means the chief executive of any
State.
(6) Indian tribal government.--The term ``Indian
tribal government'' means the governing body of any
Indian or Alaska Native tribe, band, nation, pueblo,
village, or community that the Secretary of the
Interior acknowledges to exist as an Indian tribe under
the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 479a et seq.).
(7) Individual with a disability.--The term
``individual with a disability'' means an individual
with a disability as defined in section 3(2) of the
Americans with Disabilities Act of 1990 (42 U.S.C.
12102(2)).
(8) Local government.--The term ``local government''
means--
(A) a county, municipality, city, town,
township, local public authority, school
district, special district, intrastate
district, council of governments (regardless of
whether the council of governments is
incorporated as a nonprofit corporation under
State law), regional or interstate government
entity, or agency or instrumentality of a local
government;
(B) an Indian tribe or authorized tribal
organization, or Alaska Native village or
organization, that is not an Indian tribal
government as defined in paragraph (6); and
(C) a rural community, unincorporated town or
village, or other public entity, for which an
application for assistance is made by a State
or political subdivision of a State.
(9) ``Federal agency'' means any department,
independent establishment, Government corporation, or
other agency of the executive branch of the Federal
Government, including the United States Postal Service,
but shall not include the American National Red Cross.
(10) Public facility.--``Public facility'' means the
following facilities owned by a State or local
government:
(A) Any flood control, navigation,
irrigation, reclamation, public power, sewage
treatment and collection, water supply and
distribution, watershed development, or airport
facility.
(B) Any non-Federal-aid street, road, or
highway.
(C) Any other public building, structure, or
system, including those used for educational,
recreational, or cultural purposes.
(D) Any park.
(11) Private nonprofit facility.--
(A) In general.--The term ``private nonprofit
facility'' means private nonprofit educational,
utility, irrigation, emergency, medical,
rehabilitational, and temporary or permanent
custodial care facilities (including those for
the aged and disabled) and facilities on Indian
reservations, as defined by the President.
(B) Additional facilities.--In addition to
the facilities described in subparagraph (A),
the term ``private nonprofit facility''
includes any private nonprofit facility that
provides essential services of a governmental
nature to the general public (including
museums, zoos, performing arts facilities,
community arts centers, libraries, homeless
shelters, senior citizen centers,
rehabilitation facilities, shelter workshops,
broadcasting facilities, and facilities that
provide health and safety services of a
governmental nature), as defined by the
President.
(12) Chief executive.--The term ``Chief Executive''
means the person who is the Chief, Chairman, Governor,
President, or similar executive official of an Indian
tribal government.
* * * * * * *
TITLE VIII--MAJOR DISASTER FOR WILDFIRE ON FEDERAL LAND
SEC. 801. DEFINITIONS.
As used in this title--
(1) Federal land.--The term ``Federal land'' means--
(A) any land under the jurisdiction of the
Department of the Interior; and
(B) any land under the jurisdiction of the
United States Forest Service.
(2) Federal land management agencies.--The term
``Federal land management agencies'' means--
(A) the Bureau of Land Management;
(B) the National Park Service;
(C) the Bureau of Indian Affairs;
(D) the United States Fish and Wildlife
Service; and
(E) the United States Forest Service.
(3) Wildfire suppression operations.--The term
``wildfire suppression operations'' means the emergency
and unpredictable aspects of wildland firefighting,
including support, response, emergency stabilization
activities, and other emergency management activities
of wildland firefighting on Federal lands (or on non-
Federal lands pursuant to a fire protection agreement
or cooperative agreement) by the Federal land
management agencies covered by the wildfire suppression
subactivity of the Wildland Fire Management account or
the FLAME Wildfire Suppression Reserve Fund account of
the Federal land management agencies.
SEC. 802. PROCEDURE FOR DECLARATION OF A MAJOR DISASTER FOR WILDFIRE ON
FEDERAL LANDS.
(a) In General.--The Secretary of the Interior or the
Secretary of Agriculture may submit a request to the President
consistent with the requirements of this title for a
declaration by the President that a major disaster for wildfire
on Federal lands exists.
(b) Requirements.--A request for a declaration by the
President that a major disaster for wildfire on Federal lands
exists shall--
(1) be made in writing by the respective Secretary;
(2) certify that the amount appropriated in the
current fiscal year for wildfire suppression operations
of the Federal land management agencies under the
jurisdiction of the respective Secretary, net of any
concurrently enacted rescissions of wildfire
suppression funds, increases the total unobligated
balance of amounts available for wildfire suppression
by an amount equal to or greater than the average total
costs incurred by the Federal land management agencies
per year for wildfire suppression operations, including
the suppression costs in excess of appropriated
amounts, over the previous ten fiscal years;
(3) certify that the amount available for wildfire
suppression operations of the Federal land management
agencies under the jurisdiction of the respective
Secretary will be obligated not later than 30 days
after such Secretary notifies the President that
wildfire suppression funds will be exhausted to fund
ongoing and anticipated wildfire suppression operations
related to the wildfire on which the request for the
declaration of a major disaster for wildfire on Federal
lands pursuant to this title is based; and
(4) specify the amount required in the current fiscal
year to fund wildfire suppression operations related to
the wildfire on which the request for the declaration
of a major disaster for wildfire on Federal lands
pursuant to this title is based.
(c) Declaration.--Based on the request of the respective
Secretary under this title, the President may declare that a
major disaster for wildfire on Federal lands exists.
SEC. 803. WILDFIRE ON FEDERAL LANDS ASSISTANCE.
(a) In General.--In a major disaster for wildfire on Federal
lands, the President may transfer funds, only from the account
established pursuant to subsection (b), to the Secretary of the
Interior or the Secretary of Agriculture to conduct wildfire
suppression operations on Federal lands (and non-Federal lands
pursuant to a fire protection agreement or cooperative
agreement).
(b) Wildfire Suppression Operations Account.--The President
shall establish a specific account for the assistance available
pursuant to a declaration under section 802. Such account may
only be used to fund assistance pursuant to this title.
(c) Limitation.--
(1) Limitation of transfer.--The assistance available
pursuant to a declaration under section 802 is limited
to the transfer of the amount requested pursuant to
section 802(b)(4). The assistance available for
transfer shall not exceed the amount contained in the
wildfire suppression operations account established
pursuant to subsection (b).
(2) Transfer of funds.--Funds under this section
shall be transferred from the wildfire suppression
operations account to the wildfire suppression
subactivity of the Wildland Fire Management Account.
(d) Prohibition of Other Transfers.--Except as provided in
this section, no funds may be transferred to or from the
account established pursuant to subsection (b) to or from any
other fund or account.
(e) Reimbursement for Wildfire Suppression Operations on Non-
Federal Land.--If amounts transferred under subsection (c) are
used to conduct wildfire suppression operations on non-Federal
land, the respective Secretary shall--
(1) secure reimbursement for the cost of such
wildfire suppression operations conducted on the non-
Federal land; and
(2) transfer the amounts received as reimbursement to
the wildfire suppression operations account established
pursuant to subsection (b).
(f) Annual Accounting and Reporting Requirements.--Not later
than 90 days after the end of each fiscal year for which
assistance is received pursuant to this section, the respective
Secretary shall submit to the Committees on Agriculture,
Appropriations, the Budget, Natural Resources, and
Transportation and Infrastructure of the House of
Representatives and the Committees on Agriculture, Nutrition,
and Forestry, Appropriations, the Budget, Energy and Natural
Resources, Homeland Security and Governmental Affairs, and
Indian Affairs of the Senate, and make available to the public,
a report that includes the following:
(1) The risk-based factors that influenced management
decisions regarding wildfire suppression operations of
the Federal land management agencies under the
jurisdiction of the Secretary concerned.
(2) Specific discussion of a statistically
significant sample of large fires, in which each fire
is analyzed for cost drivers, effectiveness of risk
management techniques, resulting positive or negative
impacts of fire on the landscape, impact of investments
in preparedness, suggested corrective actions, and such
other factors as the respective Secretary considers
appropriate.
(3) Total expenditures for wildfire suppression
operations of the Federal land management agencies
under the jurisdiction of the respective Secretary,
broken out by fire sizes, cost, regional location, and
such other factors as the such Secretary considers
appropriate.
(4) Lessons learned.
(5) Such other matters as the respective Secretary
considers appropriate.
(g) Savings Provision.--Nothing in this title shall limit the
Secretary of the Interior, the Secretary of Agriculture, Indian
Tribe, or a State from receiving assistance through a
declaration made by the President under this Act when the
criteria for such declaration have been met.
[all]
