[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2644 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2644
To expedite certain forest management activities on National Forest
System lands derived from the public domain when the activities are
developed through a collaborative process of interested parties, to
require the posting of a bond in initiating a legal challenge to
certain forest management activities, to modify the Secure Rural
Schools and Community Self-Determination Act of 2000, to authorize
additional funding sources for forest management activities, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 3, 2015
Mr. Zinke introduced the following bill; which was referred to the
Committee on Agriculture, and in addition to the Committee on Natural
Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To expedite certain forest management activities on National Forest
System lands derived from the public domain when the activities are
developed through a collaborative process of interested parties, to
require the posting of a bond in initiating a legal challenge to
certain forest management activities, to modify the Secure Rural
Schools and Community Self-Determination Act of 2000, to authorize
additional funding sources for forest management activities, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Forest
Collaborative Incentive Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS OF COLLABORATIVE FOREST
MANAGEMENT ACTIVITIES
Sec. 101. Definitions.
Sec. 102. Analysis of only two alternatives (action versus no action)
in proposed collaborative forest management
activities.
TITLE II--COLLABORATIVE PROJECT LITIGATION REQUIREMENT
Sec. 201. Definitions.
Sec. 202. Bond requirement as part of legal challenge of certain forest
management activities.
TITLE III--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT
AMENDMENTS
Sec. 301. Use of reserved funds for title II projects on Federal land
and certain non-Federal land.
Sec. 302. Resource advisory committees.
Sec. 303. Program for title II self-sustaining resource advisory
committee projects.
Sec. 304. Additional authorized use of reserved funds for title III
county projects.
TITLE IV--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES
Sec. 401. Definitions.
Sec. 402. Availability of stewardship project revenues and
Collaborative Forest Landscape Restoration
Fund to cover forest management activity
planning costs.
Sec. 403. State-supported planning of forest management activities.
TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS OF COLLABORATIVE FOREST
MANAGEMENT ACTIVITIES
SEC. 101. DEFINITIONS.
In this title:
(1) Collaborative process.--The term ``collaborative
process'' refers to a process relating to the management of
National Forest System lands by which a project or activity is
developed and implemented by the Secretary 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)).
(2) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
that term in section 101(3) of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6511(3)).
(3) Forest management activity.--The term ``forest
management activity'' means a project or activity carried out
by the Secretary on National Forest System lands in concert
with the forest plan covering the lands.
(4) Forest plan.--The term ``forest plan'' means a land and
resource management plan prepared by the Secretary for a unit
of the National Forest System pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604).
(5) 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)), except that the term--
(A) includes only National Forest System lands
derived from the public domain; and
(B) does not include the National Grasslands and
land utilization projects designated as National
Grasslands administered pursuant to the Act of July 22,
1937 (7 U.S.C. 1010-1012).
(6) Resource advisory committee.--The term ``resource
advisory committee'' has the meaning given that term in section
201(3) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7121(3)).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
SEC. 102. 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 prepares an environmental assessment or an environmental
impact statement pursuant to section 102(2) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a forest
management activity that--
(1) is developed through a collaborative process;
(2) is proposed by a resource advisory committee; or
(3) 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 shall study, develop, and describe--
(1) the forest management activity, as proposed pursuant to
paragraph (1), (2), or (3) of subsection (a); and
(2) the alternative of no action.
(c) Elements of Non-Action Alternative.--In the case of the
alternative of no action, the Secretary shall evaluate--
(1) the effect of no action on wildfire potential and
insect and disease potential; and
(2) the implications of a resulting wildfire or insect or
disease infestation, given fire and insect and disease historic
cycles, on domestic water costs, wildlife habitat loss, and
other economic and social factors.
TITLE II--COLLABORATIVE PROJECT LITIGATION REQUIREMENT
SEC. 201. DEFINITIONS.
In this title:
(1) Collaborative process.--The term ``collaborative
process'' refers to a process relating to the management of
National Forest System lands by which a project or activity is
developed and implemented by the Secretary 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)).
(2) Costs.--The term ``costs'' refers to the fees and costs
described in section 1920 of title 28, United States Code.
(3) Expenses.--The term ``expenses'' includes the
expenditures incurred by the staff of the Secretary in
preparing for a legal challenge to a collaborative forest
management activity and in participating in litigation that
challenges the forest management activity, including such staff
time as may be used to prepare the administrative record,
exhibits, declarations, and affidavits in connection with the
litigation.
(4) Forest management activity.--The term ``forest
management activity'' means a project or activity carried out
by the Secretary on National Forest System lands in concert
with the forest plan covering the lands.
(5) Forest plan.--The term ``forest plan'' means a land and
resource management plan prepared by the Secretary 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).
(6) 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)), except that the term--
(A) includes only National Forest System lands
derived from the public domain; and
(B) does not include the National Grasslands and
land utilization projects designated as National
Grasslands administered pursuant to the Act of July 22,
1937 (7 U.S.C. 1010-1012).
(7) Resource advisory committee.--The term ``resource
advisory committee'' has the meaning given that term in section
201(3) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7121(3)).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
SEC. 202. BOND REQUIREMENT AS PART OF LEGAL CHALLENGE OF CERTAIN FOREST
MANAGEMENT ACTIVITIES.
(a) Bond Required.--In the case of a forest management activity
developed through a collaborative process or proposed by a resource
advisory committee, any plaintiff or plaintiffs challenging the forest
management activity shall be required to post a bond or other security
acceptable to the court equal to the anticipated costs, expenses, and
attorneys fees of the Secretary as defendant, as reasonably estimated
by the Secretary. All proceedings in the action shall be stayed until
the required bond or security is provided.
(b) Recovery of Litigation Costs, Expenses, and Attorneys Fees.--
(1) Motion for payment.--If the Secretary prevails in an
action challenging a forest management activity described in
subsection (a), the Secretary shall submit to the court a
motion for payment, from the bond or other security posted
under subsection (a) in such action, of the reasonable costs,
expenses, and attorneys fees incurred by the Secretary.
(2) Maximum amount recovered.--The amount of costs,
expenses, and attorneys fees recovered by the Secretary under
paragraph (1) as a result of prevailing in an action
challenging the forest management activity may not exceed the
amount of the bond or other security posted under subsection
(a) in such action.
(3) Return of remainder.--Any funds remaining from the bond
or other security posted under subsection (a) after the payment
of costs, expenses, and attorneys fees under paragraph (1)
shall be returned to the plaintiff or plaintiffs that posted
the bond or security in the action.
(c) Return of Bond to Prevailing Plaintiff.--
(1) In general.--If the plaintiff ultimately prevails on
the merits in all actions brought by the plaintiff challenging
a forest management activity described in subsection (a), the
court shall return to the plaintiff any bond or security
provided by the plaintiff under subsection (a), plus interest
from the date the bond or security was provided.
(2) Ultimately prevails on the merits.--In this subsection,
the phrase ``ultimately prevails on the merits'' means, in a
final enforceable judgment on the merits, a court rules in
favor of the plaintiff on all causes of action in all actions
brought by the plaintiff challenging the forest management
activity.
(d) Effect of Settlement.--If a challenge to a forest management
activity described in subsection (a) for which a bond or other security
was provided by the plaintiff under such subsection is resolved by
settlement between the Secretary and the plaintiff, the settlement
agreement shall provide for sharing the costs, expenses, and attorneys
fees incurred by the parties.
(e) Limitation on Certain Payments.--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
described in subsection (a).
TITLE III--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT
AMENDMENTS
SEC. 301. 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 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7124) is amended by striking subsection (f) and inserting the following
new subsection:
``(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; 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. 302. 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 ``2020''.
(b) Temporary 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 ``Each'' and inserting
``Except during the period specified in paragraph (6), each'';
and
(2) by adding at the end the following new paragraph:
``(6) Temporary reduction in minimum number of members.--
``(A) Temporary 6-member minimum.--During the
period beginning on the date of the enactment of this
paragraph and ending on September 30, 2020, a resource
advisory committee established under this section may
be comprised of 6 or more members--
``(i) 2 or more of whom shall be
representative of interests described in
subparagraph (A) of paragraph (2);
``(ii) 2 or more of whom shall be
representative of interests described in
subparagraph (B) of paragraph (2); and
``(iii) 2 or more of whom shall be
representative of interests described in
subparagraph (C) of paragraph (2).
``(B) Additional requirement.--In appointing
members of a resource advisory committee from the 3
categories described in paragraph (2), as provided in
subparagraph (A), the Secretary concerned shall ensure
balanced and broad representation in each category.
``(C) Charter.--A charter for a resource advisory
committee with 15 members that was filed on or before
the date of the enactment of this paragraph shall be
considered to be filed for a resource advisory
committee described in this paragraph.''.
(c) Conforming Change to Project Approval Requirements.--Section
205(e)(3) of the Secure Rural Schools and Community Self-Determination
Act of 2000 (16 U.S.C. 7125(e)(3)) is amended by adding at the end the
following new sentence: ``In the case of a resource advisory committee
consisting of fewer than 15 members, as authorized by subsection
(d)(6), a project may be proposed to the Secretary concerned upon
approval by a majority of the members of the committee.''.
(d) 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.''.
SEC. 303. 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,
except that, consistent with section 205(d)(6), a selected resource
advisory committee must have a minimum of 6 members.
``(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 of Revenues.--Any revenue generated by a project
conducted under the RAC program, including any interest accrued from
the revenues, shall be deposited in the special account in the Treasury
established under section 102(d)(2)(A) and shall be available 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, 2020.
``(2) Deposits in treasury.--Any funds available for
projects under the RAC program and not obligated by September
30, 2021, 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. 304. 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 of paragraph
(2);
(2) by redesignating paragraph (3) as paragraph (4); and
(3) 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''.
TITLE IV--ADDITIONAL FUNDING SOURCES FOR FOREST MANAGEMENT ACTIVITIES
SEC. 401. DEFINITIONS.
In this title:
(1) Collaborative process.--The term ``collaborative
process'' refers to a process relating to the management of
National Forest System lands by which a project or activity is
developed and implemented by the Secretary 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)).
(2) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
that term in section 101(3) of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6511(3)).
(3) Eligible entity.--The term ``eligible entity'' means--
(A) a State or political subdivision of a State
containing National Forest System 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 to
be appropriate for participation in the Fund.
(4) Forest management activity.--The term ``forest
management activity'' means a project or activity carried out
by the Secretary on National Forest System lands in concert
with the forest plan covering the lands.
(5) Forest plan.--The term ``forest plan'' means a land and
resource management plan prepared by the Secretary 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).
(6) Fund.--The term ``Fund'' means the State-Supported
Forest Management Fund established by section 403.
(7) 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)), except that the term--
(A) includes only National Forest System lands
derived from the public domain; and
(B) does not include the National Grasslands and
land utilization projects designated as National
Grasslands administered pursuant to the Act of July 22,
1937 (7 U.S.C. 1010-1012).
(8) Resource advisory committee.--The term ``resource
advisory committee'' has the meaning given that term in section
201(3) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7121(3)).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
SEC. 402. 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 Forest Restoration Act of 2003 (16 U.S.C.
6591c(e)(2)(B)) is 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. 403. 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, carrying out, and monitoring certain forest management
activities on National Forest System 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 for which the
contribution may be expended; or
(2) subject to subsection (d), limit the types of forest
management activities for which the contribution may be
expended.
(d) Authorized Forest Management Activities.--A forest management
activity may be planned, carried out, or monitored using amounts in the
Fund only if the activity--
(1) is developed through a collaborative process;
(2) is proposed by a resource advisory committee; or
(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, but
revenues generated by the forest management activity shall be used
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 on September 30,
2025.
(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.
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