[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4302 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4302
To address the bark beetle epidemic, to reduce catastrophic wildfires
in the highest risk areas, to restore and improve the ecological
integrity of forest, grassland, rangeland, and watershed ecosystems
across the United States through public and private partnerships with
Federal, State, local, and Tribal governments and private partners, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2021
Mrs. Boebert (for herself, Mr. Buck, Mr. Carter of Texas, Mr. Cole, Mr.
Gosar, Mr. LaMalfa, Mr. Lamborn, Mr. McClintock, Mr. Newhouse, Mr.
Obernolte, Mr. Rosendale, Mr. Sessions, Mr. Tiffany, Mr. Higgins of
Louisiana, and Mr. Moore of Alabama) 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 address the bark beetle epidemic, to reduce catastrophic wildfires
in the highest risk areas, to restore and improve the ecological
integrity of forest, grassland, rangeland, and watershed ecosystems
across the United States through public and private partnerships with
Federal, State, local, and Tribal governments and private partners, 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 ``Active Forest
Management, Wildfire Prevention and Community Protection Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--NATIONAL PRESCRIBED BURN PROGRAM
Sec. 101. Collaborative prescribed fire program.
Sec. 102. Large cross-boundary prescribed fire incentive program.
TITLE II--WESTERN BARK BEETLE PROGRAM
Sec. 201. Western bark beetle epidemic fund.
TITLE III--ACTIVE MANAGEMENT PROGRAMS
Sec. 301. Use of hazardous fuels reduction or forest health projects
for high-risk areas.
Sec. 302. Restoration and resilience partnership program.
Sec. 303. Vegetation management, facility inspection, and operation and
maintenance relating to electric
transmission and distribution facility
rights of way.
Sec. 304. Selection and implementation of landscape-scale forest
restoration projects.
TITLE IV--FOREST RESERVE REVENUE AREA PROGRAM
Sec. 401. Establishment of forest reserve revenue areas and annual
volume requirements.
Sec. 402. Management of forest reserve revenue areas.
Sec. 403. Distribution of forest reserve revenues.
Sec. 404. Annual report.
Sec. 405. Secretary defined.
TITLE V--MISCELLANEOUS CLARIFICATIONS AND ADJUSTMENTS
Sec. 501. Wilderness and wilderness study areas.
Sec. 502. Extension of stewardship contracting maximum term limits.
Sec. 503. Clarification of existing categorical exclusion authority
related to insect and disease infestation.
TITLE VI--ANALYSIS OF PROPOSED COLLABORATIVE FOREST MANAGEMENT
ACTIVITIES
Sec. 601. Analysis of only two alternatives (action versus no action)
in proposed collaborative forest management
activities.
TITLE VII--FOREST MANAGEMENT LITIGATION
Sec. 701. No attorney's fees for forest management activity challenges.
Sec. 702. Injunctive relief (balance of harms).
TITLE VIII--CATEGORICAL EXCLUSIONS
Sec. 801. Categorical exclusion for electric utility lines rights-of-
way.
Sec. 802. Categorical exclusion for active forest management
activities.
Sec. 803. Categorical exclusion to expedite certain critical response
actions.
Sec. 804. Categorical exclusion to improve or restore national forest
system lands or public land or reduce the
risk of wildfire.
Sec. 805. Categorical exclusion to expedite salvage operations in
response to catastrophic events.
Sec. 806. Categorical exclusion for forest restoration.
Sec. 807. Categorical exclusion for infrastructure forest management
activities.
Sec. 808. Categorical exclusion for developed recreation sites.
Sec. 809. Establishment of fuel breaks in forests and other wildland
vegetation.
TITLE IX--DEFINITIONS
Sec. 901. Definitions.
TITLE I--NATIONAL PRESCRIBED BURN PROGRAM
SEC. 101. COLLABORATIVE PRESCRIBED FIRE PROGRAM.
Subject to the availability of appropriations, the Secretary of the
Interior shall establish within the Department of the Interior a
collaborative prescribed fire program to provide financial assistance
to eligible entities, including units of Federal land management
agencies, counties, States, Indian Tribes, and prescribed fire
councils, for the implementation of proposals for the conduct of
prescribed fires in priority landscapes in accordance with applicable
existing policies, including the National Cohesive Wildland Fire
Management Strategy.
SEC. 102. LARGE CROSS-BOUNDARY PRESCRIBED FIRE INCENTIVE PROGRAM.
Subject to the availability of appropriations, the Secretary
concerned shall establish an incentive program to encourage the
implementation of large, cross-boundary prescribed fires by providing
incentive payments for conducting a qualified prescribed fire.
TITLE II--WESTERN BARK BEETLE PROGRAM
SEC. 201. WESTERN BARK BEETLE EPIDEMIC FUND.
(a) Establishment.--There is established in the Treasury a Western
Bark Beetle Epidemic Fund (in this title referred to as the ``Fund'').
(b) Use.--Amounts in the Fund shall be used by the Secretary
concerned to remove or treat bark beetle-killed or infested trees in a
western State specified by the Secretary.
(c) Report.--Not later than 730 days after the date of the
enactment of this Act and every two years thereafter, the Secretary of
Agriculture and the Secretary of the Interior shall submit to the
Committee on Agriculture of the House of Representatives, the Committee
on Natural Resources of the House of Representatives, the Committee on
Agriculture, Nutrition, and Forestry of the Senate, and the Committee
on Energy and Natural Resources of the Senate a report on--
(1) the effectiveness of the Fund;
(2) the number of bark beetle trees removed; and
(3) the number of acres by agency of current high-risk bark
beetle areas.
(d) Form of Report.--The information required by subsection (c) to
be provided with respect to the Fund shall be presented on a single
page for each western State.
(e) Authorization of Appropriations.--In addition to amounts
otherwise made available for the Fund, there is authorized to be
appropriated for fiscal year 2022 and each fiscal year thereafter,
$126,346,415, adjusted for inflation as determined by the Congressional
Budget Office.
(f) Offset.--The amount appropriated from the Treasury for the Fund
shall be offset by the revenues generated for the Treasury from covered
forest reserve projects to help carry out landscape-scale-forest
restoration projects authorized by this Act.
TITLE III--ACTIVE MANAGEMENT PROGRAMS
SEC. 301. USE OF HAZARDOUS FUELS REDUCTION OR FOREST HEALTH PROJECTS
FOR HIGH-RISK AREAS.
(a) Project Proposals.--
(1) Proposals authorized.--Upon designation of a high-risk
area in a State, the Governor of the State may provide for the
development of proposed hazardous fuel reduction projects or
forest health projects for the high-risk area.
(2) Project criteria.--In preparing a proposed hazardous
fuel reduction project or a forest health project, the Governor
of a State and the Secretary concerned shall--
(A) take into account managing for rights of way,
protection of watersheds, protection of wildlife and
endangered species habitat, safe-guarding water
resources, and protecting at-risk communities from
wildfires; and
(B) emphasize activities that thin the forest to
provide the greatest health and longevity of the
forest.
(b) Consultation.--In preparing a proposed hazardous fuel reduction
project or a forest health project, the Governor of a State shall
consult with county government from affected counties, and with
affected Indian tribes.
(c) Submission and Implementation.--The Governor of a State shall
submit proposed emergency hazardous fuel reduction projects and forest
health projects to the Secretary concerned for implementation.
SEC. 302. RESTORATION AND RESILIENCE PARTNERSHIP PROGRAM.
(a) Purposes.--The purposes of this section are--
(1) to restore and improve the ecological integrity of
forest, grassland, and rangeland ecosystems across the United
States in partnership with State, local, and Tribal
governments;
(2) to create or sustain outdoor jobs by reducing the
backlog of restoration and resilience projects on Federal land
and non-Federal land;
(3) to improve the resilience and carrying capacity of
rangelands in the United States by preventing or mitigating
invasive species, such as cheatgrass, that contribute to
rangeland fire; and
(4) to reduce uncharacteristic wildfires in the highest
risk areas of the United States by carrying out, in accordance
with applicable law, restoration and resilience projects.
(b) Establishment.--There is established a Restoration and
Resilience Partnership Program, under which the Secretary of
Agriculture shall carry out restoration and resilience projects in
partnership areas designated under subsection (c)(1).
(c) Designation of Partnership Areas.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall designate, for the
purposes of carrying out restoration and resilience projects
under subsection (d), any areas of Federal land and non-Federal
land that the Secretary determines to be appropriate.
(2) Submission of partnership areas by states and tribes.--
(A) In general.--The Governor of a State or an
authorized representative of an Indian Tribe may submit
to the Secretary, in writing, a request to designate
certain Federal land or non-Federal land in the State
or Indian Country, respectively, for restoration and
resilience projects under subsection (d).
(B) Inclusions.--A written request submitted under
subparagraph (A) may include 1 or more maps or
recommendations.
(d) Requirements.--To be eligible for designation under subsection
(c), an area shall--
(1) have a high or very high wildfire potential as
determined by--
(A) the map of the Forest Service entitled
``Wildfire Hazard Potential Version 2020''; or
(B) any other mapping resource or data source
approved by the Secretary that depicts the risk of
wildfires;
(2) have high-priority wildlife habitat urgently in need of
restoration, as determined by the Secretary, in consultation
with eligible entities and the applicable Governor or
representative of an Indian Tribe; or
(3) in the case of Federal land, be in the wildland-urban
interface.
SEC. 303. VEGETATION MANAGEMENT, FACILITY INSPECTION, AND OPERATION AND
MAINTENANCE RELATING TO ELECTRIC TRANSMISSION AND
DISTRIBUTION FACILITY RIGHTS OF WAY.
(a) Hazard Trees Within 500 Feet of Electric Power Line.--Section
512(a)(1)(B)(ii) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1772(a)(1)(B)(ii)) is amended by striking ``10'' and
inserting ``500''.
(b) Consultation With Private Landowners.--Section 512(c)(3)(E) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1772(c)(3)(E)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(iii) consulting with private landowners
with respect to any hazard trees identified for
removal from land owned by such private
landowners.''.
(c) Review and Approval Process.--Clause (iv) of section
512(c)(4)(A) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1772(c)(4)(A)) is amended to read as follows:
``(iv) ensures that--
``(I) a plan submitted without a
modification under clause (iii) shall
be automatically approved 60 days after
review; and
``(II) a plan submitted with a
modification under clause (iii) shall
be automatically approved 67 days after
review.''.
SEC. 304. SELECTION AND IMPLEMENTATION OF LANDSCAPE-SCALE FOREST
RESTORATION PROJECTS.
(a) In General.--The Secretary of Agriculture shall select, in
accordance with this section, landscape-scale forest restoration
projects--
(1) to implement on National Forest System land; and
(2) if applicable, to implement on land adjoining National
Forest System land, in coordination with other Federal and non-
Federal entities.
(b) Landscape Assessment.--The project selected under to subsection
(a) shall be based on a landscape assessment that shall cover a
landscape of--
(1) not less than 100,000 acres, except as provided in
subparagraph (B) and (C);
(2) not less than 80,000 acres, if--
(A) the assessment is completed or substantially
completed on the date of the enactment of this Act; and
(B) the Secretary determines that assessing a
larger area is not necessary to restore the integrity,
resilience, and fire regimes of the landscape; or
(3) not less than 50,000 acres in the case of a project
that is carried out east of the one-hundredth meridian.
(c) Eligibility Requirements.--To be eligible for selection and
implementation under subsection (a), a landscape-scale forest
restoration project shall satisfy the following requirements:
(1) Restore the ecological integrity and ecological
resilience of terrestrial and aquatic areas that have departed
from reference conditions within the forest landscape.
(2) Restore appropriate natural fire regimes, including by
reducing fuel loads and modifying forest structure in areas
that have departed from reference conditions.
(3) Conduct wildfire risk reduction activities within the
wildland-urban interface to the extent that the project
includes lands within the wildland-urban interface.
TITLE IV--FOREST RESERVE REVENUE AREA PROGRAM
SEC. 401. ESTABLISHMENT OF FOREST RESERVE REVENUE AREAS AND ANNUAL
VOLUME REQUIREMENTS.
(a) Purpose.--The purpose of a Forest Reserve Revenue Area is to
provide a dependable source of 25-percent payments and economic
activity through sustainable forest management for each beneficiary
county containing National Forest System land.
(b) Establishment of Forest Reserve Revenue Areas.--Not later than
60 days after the date of the enactment of this Act, the Secretary
shall establish one or more Forest Reserve Revenue Areas within each
unit of the National Forest System.
(c) Fiduciary Responsibility.--The Secretary shall have a fiduciary
responsibility to beneficiary counties to manage Forest Reserve Revenue
Areas to satisfy the annual volume requirement.
(d) Determination of Annual Volume Requirement.--Not later than 30
days after the date of the establishment of a Forest Reserve Revenue
Area, the Secretary shall determine the annual volume requirement for
that Forest Reserve Revenue Area.
(e) Minimum.--The annual volume requirement for the Forest Revenue
Area shall be not less than 6,000,000,000 Board Feet.
(f) Limitation on Reduction of Forest Reserve Revenue Areas.--Once
a Forest Reserve Revenue Area is established under subsection (a), the
Secretary may not reduce the number of acres of National Forest System
land included in that Forest Reserve Revenue Area.
(g) Map.--The Secretary shall provide a map of all Forest Reserve
Revenue Areas established under subsection (a) for each unit of the
National Forest System--
(1) to the Committee on Agriculture and the Committee on
Natural Resources of the House of Representatives; and
(2) to the Committee on Agriculture, Nutrition, and
Forestry and the Committee on Energy and Natural Resources of
the Senate.
(h) Recognition of Valid and Existing Rights.--Neither the
establishment of Forest Reserve Revenue Areas under subsection (a) nor
any other provision of this title shall be construed to limit or
restrict--
(1) access to National Forest System land for hunting,
fishing, recreation, and other related purposes; or
(2) valid and existing rights regarding National Forest
System land, including rights of any federally recognized
Indian tribe.
SEC. 402. MANAGEMENT OF FOREST RESERVE REVENUE AREAS.
(a) Requirement To Achieve Annual Volume Requirement.--The
Secretary shall manage the Forest Reserve Revenue Area established
under section 401 in the manner necessary to achieve the annual volume
requirement for the Forest Reserve Revenue Area.
(b) Timing.--The Secretary is authorized and encouraged to commence
covered forest reserve projects as soon as practicable after the date
of the enactment of this Act to begin generating forest reserve
revenues.
(c) Application of NEPA.--Except as provided in subsection (d), the
National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.)
shall not apply to covered forest reserve projects under this section.
(d) Environmental Analysis Process for Projects in Forest Reserve
Revenue Areas.--
(1) Environmental assessment.--The Secretary shall give
published notice and complete an environmental assessment
pursuant to section 102(2) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)) for a covered forest reserve
project proposed to be conducted within a Forest Reserve
Revenue Area, except that the Secretary is not required to
study, develop, or describe any alternative to the proposed
agency action.
(2) Cumulative effects.--The Secretary shall consider
cumulative effects solely by evaluating the impacts of a
proposed covered forest reserve project combined with the
impacts of any other projects that were approved with a
Decision Notice or Record of Decision before the date on which
the Secretary published notice of the proposed covered project.
The cumulative effects of past projects may be considered in
the environmental assessment by using a description of the
current environmental conditions.
(3) Length.--The environmental assessment prepared for a
proposed covered forest reserve project shall not exceed 100
pages in length. The Secretary may incorporate in the
environmental assessment, by reference, any documents that the
Secretary determines, in the sole discretion of the Secretary,
are relevant to the assessment of the environmental effects of
the covered project.
(4) Deadline for completion.--The Secretary shall complete
the environmental assessment for a covered forest reserve
project within 180 days after the date on which the Secretary
published notice of the proposed covered project.
(5) Treatment of decision notice.--The decision notice for
a covered forest reserve project shall be considered a final
agency action and no additional analysis under the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) shall
be required to implement any portion of the covered project.
(e) Application of Land and Resource Management Plan.--The
Secretary may modify the standards and guidelines contained in the land
and resource management plan for the unit of the National Forest System
in which the covered forest reserve project will be carried out as
necessary to achieve the requirements of this Act. Section
6(g)(3)(E)(iv) of the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1604(g)(3)(E)(iv)) shall not apply to a covered
forest reserve project.
SEC. 403. DISTRIBUTION OF FOREST RESERVE REVENUES.
(a) 25-Percent Payments.--The Secretary shall use forest reserve
revenues generated by a covered forest reserve project to make 25
percent payments to the one or more counties within the boundaries of
which the revenue is derived, to be allocated among the counties based
on the percentage of land from which the revenue is derived.
(b) Payments in Lieu of Taxes.--A payment to a county under
paragraph (1) shall be in addition to a payment in lieu of taxes
received by the county under chapter 69 of title 31, United States
Code.
(c) Secure Rural Schools.--A payment to a county under subsection
(a) shall be in addition to a Secure Rural Schools and Community Self-
Determination Act payment received by the county under section 102 of
the Secure Rural Schools and Community Self-Determination Act (16
U.S.C. 7112).
(d) Deposit in Knutson-Vandenberg and Salvage Sale Funds.--In the
case of funds remaining after the Secretary makes the payments required
in subsection (a), the Secretary shall use forest reserve revenues to
make deposits into the fund established under section 3 of the Act of
June 9, 1930 (16 U.S.C. 576b; commonly known as the Knutson-Vandenberg
Fund), and the fund established under section 14(h) of the National
Forest Management Act of 1976 (16 U.S.C. 472a(h); commonly known as the
salvage sale fund) in contributions equal to the monies otherwise
collected under those Acts for projects conducted on National Forest
System land.
(e) Authorization of Appropriations.--There are authorized to be
appropriated 25 percent of all revenues generated for the Treasury from
covered forest reserve projects to help carry out landscape-scale-
forest restoration projects authorized by this title.
(f) Deposit in General Fund of the Treasury.--In the case of funds
remaining after the Secretary makes the payments required in
subsections (a) and (b), the Secretary shall deposit remaining forest
reserve revenues into the general fund of the Treasury.
SEC. 404. ANNUAL REPORT.
(a) Report Required.--Not later than 60 days after the end of each
fiscal year, the Secretary shall submit to Congress an annual report
specifying the annual volume requirement in effect for that fiscal year
for each Forest Reserve Revenue Area, the volume of board feet actually
harvested for each Forest Reserve Revenue Area, the average cost of
preparation for timber sales, the forest reserve revenues generated
from such sales, and the amount of receipts distributed to each
beneficiary county.
(b) Form of Report.--The information required by subsection (a) to
be provided with respect to a Forest Reserve Revenue Area shall be
presented on a single page and made available on the website of the
United States Forest Service.
SEC. 405. SECRETARY DEFINED.
In this title, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE V--MISCELLANEOUS CLARIFICATIONS AND ADJUSTMENTS
SEC. 501. WILDERNESS AND WILDERNESS STUDY AREAS.
The designation of a Wilderness Area or Wilderness Study Area shall
not interfere with the authority of the Secretary concerned to
authorize mechanical thinning of trees or underbrush to prevent or
control the spread of wildfires, or conditions creating the risk of
wildfire that threatens areas outside the boundary of the wilderness,
or the use of mechanized equipment for wildfire pre-suppression and
suppression.
SEC. 502. EXTENSION OF STEWARDSHIP CONTRACTING MAXIMUM TERM LIMITS.
Section 604(d) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591c(d)) is amended by striking paragraph (3) and inserting the
following new paragraph:
``(3) Term.--The Chief and the Director may enter into a
contract in accordance with section 3903 of title 41, United
States Code.''.
SEC. 503. 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''.
TITLE VI--ANALYSIS OF PROPOSED COLLABORATIVE FOREST MANAGEMENT
ACTIVITIES
SEC. 601. 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; and
(4) will occur on lands designated by the Secretary (or a
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
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) snowpack levels in the project area;
(C) wildlife habitat loss; and
(D) other economic and social factors.
TITLE VII--FOREST MANAGEMENT LITIGATION
SEC. 701. NO ATTORNEY'S 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 Treasury to pay any fees or other expenses under
such sections to any plaintiff related to an action challenging a
forest management activity or other authorization carried out pursuant
to this Act.
SEC. 702. INJUNCTIVE RELIEF (BALANCE OF HARMS).
(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 or
provision in this Act, 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.--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, shall not exceed 60 days.
TITLE VIII--CATEGORICAL EXCLUSIONS
SEC. 801. CATEGORICAL EXCLUSION FOR ELECTRIC UTILITY LINES RIGHTS-OF-
WAY.
(a) Categorical Exclusion.--Forest management activities described
in subsection (b) are a category of activities 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 as being
categorically excluded under subsection (a) are--
(1) the development and approval of a vegetation
management, facility inspection, and operation and maintenance
plan submitted under section 512(c)(1) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1772(c)(1)) by the
Secretary concerned; and
(2) the implementation of routine activities conducted
under the plan referred to in paragraph (1).
(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) Extraordinary Circumstances.--Use of the categorical exclusion
established under subsection (a) shall not be subject to the
extraordinary circumstances procedures in section 220.6, title 36, Code
of Federal Regulations, or section 1508.4, title 40, Code of Federal
Regulations.
(e) Roads.--
(1) Existing roads.--The Secretary concerned may carry out
necessary maintenance and repair on an existing permanent road
for the purposes of conducting a forest management activity
designated under subsection (b).
(2) Temporary roads.--The Secretary concerned shall
decommission any temporary road constructed for a forest
management activity designated under subsection (b) not later
than 3 years after the date on which the action is completed.
(f) Applicable Laws.--A forest management activity designated under
subsection (b) shall not be subject to section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536), section 106 of the National
Historic Preservation Act, or any other applicable law.
SEC. 802. CATEGORICAL EXCLUSION FOR ACTIVE FOREST MANAGEMENT
ACTIVITIES.
(a) Coordination.--
(1) In general.--In conducting forest management
activities, the Secretary concerned shall, as appropriate,
coordinate with the Administrator and State and local agencies
and organizations, including local fire departments and
volunteer groups.
(2) Goals.--The coordination of activities under
subparagraph (1) should aim to increase efficiencies and
maximize the compatibility of management practices across
public property boundaries.
(b) Multiple Benefits.--
(1) In general.--In conducting forest management
activities, the Secretary concerned shall conduct the
activities in a manner that, except as provided in subsection
(a)(2), attains multiple ecosystem benefits, including--
(A) maintaining biological diversity;
(B) improving wetland and water quality, including
in Stream Environment Zones; and
(C) increasing resilience to changing water
temperature and precipitation.
(2) Exception.--Notwithstanding subsection (a)(2), the
attainment of multiple ecosystem benefits shall not be required
if the Secretary determines that management for multiple
ecosystem benefits would excessively increase the cost of a
program in relation to the additional ecosystem benefits gained
from the management activity.
(c) Ground Disturbance.--Consistent with applicable Federal law,
the Secretary shall establish post-program ground condition criteria
for ground disturbance caused by forest management activities.
(d) Availability of Categorical Exclusion for Certain Forest
Management Projects.--A forest management activity conducted for the
purpose of reducing forest fuels is categorically excluded from the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) if the forest management activity--
(1) notwithstanding section 423 of the Department of the
Interior, Environment, and Related Agencies Appropriations Act,
2009 (division E of Public Law 111-8; 123 Stat. 748), does not
exceed 10,000 acres, including not more than 3,000 acres of
mechanical thinning; and
(2) is developed--
(A) in coordination with impacted parties,
specifically including representatives of local
governments, such as county supervisors or county
commissioners; and
(B) in consultation with other interested parties.
SEC. 803. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE
ACTIONS.
(a) Categorical Exclusion.--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) to facilitate native species restoration; 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. 804. CATEGORICAL EXCLUSION TO IMPROVE OR RESTORE NATIONAL FOREST
SYSTEM LANDS OR PUBLIC LAND OR REDUCE THE RISK OF
WILDFIRE.
(a) Categorical Exclusion.--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 following 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, ponderosa pine trees,
lodgepole pine trees, limber pine trees, Douglas-fir
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.
SEC. 805. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN
RESPONSE TO CATASTROPHIC EVENTS.
(a) Categorical Exclusion.--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) 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. 806. CATEGORICAL EXCLUSION FOR FOREST RESTORATION.
(a) Categorical Exclusion.--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 category of forest management
activities designated under this section for 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--
(A) to improve forest health and resiliency to
disturbances;
(B) to reduce hazardous fuels; or
(C) to improve wildlife and aquatic habitat.
(2) Activities authorized.--The following forest management
activities may be carried out pursuant the categorical
exclusion established under subsection (a):
(A) Timber harvests, including commercial and pre-
commercial timber harvest, salvage harvest, and
regeneration harvest.
(B) Hazardous fuels reduction.
(C) Prescribed burning.
(D) Improvement or establishment of wildlife and
aquatic habitat.
(E) Stream restoration and erosion control.
(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
contain treatment units exceeding a total of 6,000 acres.
(e) Limitations on Road Building.--
(1) Permanent roads.--A forest management activity covered
by the categorical exclusion established by subsection (a) may
include--
(A) the construction of permanent roads not to
exceed 3 miles; and
(B) the maintenance and reconstruction of existing
permanent roads and trails, including the relocation of
segments of existing roads and trails to address
resource impacts.
(2) Temporary roads.--Any temporary road constructed for a
forest management activity covered by the categorical exclusion
established by subsection (a) shall be decommissioned not later
than 3 years after the date on which the project is completed.
SEC. 807. CATEGORICAL EXCLUSION FOR INFRASTRUCTURE FOREST MANAGEMENT
ACTIVITIES.
(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 category of forest management activities designated
under this section for 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) constructing or reconstructing roads not exceeding 3
miles;
(2) adding an existing road to the forest transportation
system;
(3) reclassifying a road at a different maintenance level;
(4) reconstructing or rehabilitating bridges; or
(5) maintaining facilities through the use of pesticides as
authorized by applicable Federal and State law and as applied
in accordance with label instructions.
(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.
SEC. 808. CATEGORICAL EXCLUSION FOR DEVELOPED RECREATION SITES.
(a) Categorical Exclusion.--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 category of forest management
activities designated under this section for a categorical
exclusion are forest management activities described in
paragraph (2) carried out by the Secretary concerned on
National Forest System lands or public lands where the primary
purpose of such activity is to operate, maintain, modify,
reconstruct, or decommission existing developed recreation
sites.
(2) Activities authorized.--The following forest management
activities may be carried out pursuant to the categorical
exclusion under subsection (a):
(A) Constructing, modifying, or reconstructing
fishing piers, wildlife viewing platforms, docks, or
other constructed recreation sites or facilities.
(B) Constructing, reconstructing, or maintaining,
parking areas, roads, or trails within or connecting to
recreation sites, including paving and road and trail
rerouting, except that--
(i) permanent roads constructed under this
section may not exceed 3 miles; and
(ii) temporary roads constructed for
projects covered by this section shall be
decommissioned within 3 years of completion of
the project.
(C) Modifying or reconstructing existing water or
waste disposal systems.
(D) Constructing, modifying, or reconstructing
single or group use sites.
(E) Constructing, modifying, or reconstructing boat
landings.
(F) Reconstructing existing ski lifts.
(G) Modifying or reconstructing a recreation
lodging rental.
(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.
SEC. 809. ESTABLISHMENT OF FUEL BREAKS IN FORESTS AND OTHER WILDLAND
VEGETATION.
(a) Categorical Exclusion.--Forest management activities described
in subsection (b) are a category of actions 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) In general.--The category of forest management
activities designated under subsection (a) 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 establish and maintain
linear fuel breaks that are--
(A) up to 1,000 feet in width adjacent to, and
incorporating, existing linear features, such as roads,
trails, transmission lines, and pipelines of any length
on Federal land; and
(B) intended to reduce the risk of wildfire on the
Federal land or an adjacent at-risk community.
(2) Activities.--Subject to paragraph (3), the forest
management activities that may be carried out pursuant to the
categorical exclusion established under subsection (a) are--
(A) mowing or masticating;
(B) thinning by manual and mechanical cutting;
(C) piling, yarding, and removal of slash;
(D) selling of vegetation products, including
timber, firewood, biomass, slash, and fence posts;
(E) targeted grazing;
(F) application of--
(i) pesticide;
(ii) biopesticide; or
(iii) herbicide;
(G) seeding of native species;
(H) controlled burns and broadcast burning; and
(I) burning of piles, including jackpot piles.
(c) Acreage and Location Limitations.--Treatments of vegetation in
linear fuel breaks covered by the categorical exclusion established
under subsection (a)--
(1) may not contain treatment units in excess of 3,000
acres; and
(2) shall be located primarily in an area described in
section 605(c)(2) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591d(c)(2)).
TITLE IX--DEFINITIONS
SEC. 901. DEFINITIONS.
In this Act:
(1) Catastrophic event.--The term ``catastrophic event''
means any natural disaster (including a 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 chapter 47 of the Act of February 26,
1919 (40 Stat. 1179).
(5) Covered forest reserve project.--The term ``covered
forest reserve project'' means a project involving the
management or sale of national forest materials within a Forest
Reserve Revenue Area that generates forest reserve revenues and
achieve the annual volume requirement for the Forest Reserve
Revenue Area.
(6) 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
or the following activities:
(A) Prescribed burning for ecosystem health and
hazardous fuel reduction.
(B) Mechanical and minimum tool treatment.
(C) Stream environment zone restoration and other
watershed and wildlife habitat enhancements.
(D) Nonnative invasive species management.
(7) 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).
(8) 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.
(9) 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)).
(10) 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).
(11) 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.
(12) 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.
(13) 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).
(14) Salvage operation.--The term ``salvage operation''
means a forest management activity or restoration activity
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.
(15) 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.
(16) State.--The term ``State'' means each of the several
States.
(17) Western state.--The term ``western State'' means any
of the States of Alaska, Arizona, California, Colorado, Idaho,
Montana, Nevada, New Mexico, North Dakota, Oregon, South
Dakota, Utah, Washington, or Wyoming.
(18) Conservation finance agreement.--The term
``conservation finance agreement'' means a mutual benefit
agreement (excluding a procurement contract, grant, or
cooperative agreement described in chapter 63 of title 31,
United States Code)--
(A) the term of which is more than 1, but not more
than 20, years;
(B) that may provide that performance under the
agreement during the second and subsequent years of the
agreement is contingent on the appropriation of funds;
and
(C) if the agreement does so provide, that may
provide for a cancellation payment to be made to the
partner if those appropriations are not made.
(19) Ecological integrity.--The term ``ecological
integrity'' has the meaning given the term in section 219.19 of
title 36, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(20) Restore.--The term ``restore'' has the meaning given
the term in section 219.19 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(21) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term in section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
<all>