[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4574 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4574
To expedite certain activities related to salvage operations and
reforestation activities on National Forest System lands or public
lands in response to catastrophic events, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2021
Mr. Obernolte (for himself, Mr. Westerman, Mr. Newhouse, Mr. LaMalfa,
Mr. Bentz, Mr. Rosendale, Mr. Tiffany, and Mrs. Boebert) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committee on Agriculture, 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 activities related to salvage operations and
reforestation activities on National Forest System lands or public
lands in response to catastrophic events, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Salvaging American Lumber Via Action
with Greater Efficiency Act'' or the ``SALVAGE Act''.
SEC. 2. 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. 3. 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 section.
(d) Timeline for Public Input Process.--
(1) In general.--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--
(A) 30 days for public scoping and comment;
(B) 15 days for filing an objection; and
(C) 15 days for the agency response to the filing
of an objection.
(2) Implementation.--On the final day of the process
required in paragraph (1), the Secretary concerned shall
implement the project for which the process was initiated.
(e) Conversion of Timber Sales.--
(1) In general.--Not later than 60 days after a wildfire is
contained on National Forest System lands, the Secretary of
Agriculture shall convert any timber sales on lands impacted by
such wildfire to salvage sales.
(2) Analysis deemed sufficient.--If the Regional Forester
determines that a proposed timber sale has been sufficiently
analyzed under the National Environmental Policy Act, such
analysis shall be deemed to fulfill the requirements of section
102(2)(C) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332(2)(C)) with respect to such salvage sale.
SEC. 4. COMPLIANCE WITH FOREST PLAN.
A salvage operation or reforestation activity authorized by this
Act 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. 5. 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.
SEC. 6. EXCLUSIONS.
The authorities provided by this Act 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.
SEC. 7. DEFINITIONS.
In this Act:
(1) 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 such
lands.
(2) 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).
(3) 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)).
(4) 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.
(5) 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.
<all>