[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3709 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3709
To require the Secretary of Agriculture to carry out vegetation
management projects and timber production projects on certain National
Forest System land in the States of Montana, South Dakota, and Wyoming,
and for other purposes.
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IN THE SENATE OF THE UNITED STATES
February 28, 2022
Mr. Thune (for himself and Mr. Barrasso) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
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A BILL
To require the Secretary of Agriculture to carry out vegetation
management projects and timber production projects on certain National
Forest System land in the States of Montana, South Dakota, and Wyoming,
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 ``Black Hills Forest Protection and
Jobs Preservation Act of 2022''.
SEC. 2. VEGETATION MANAGEMENT PROJECTS ON BLACK HILLS NATIONAL FOREST
USING EXPEDITED NEPA AUTHORITIES.
The Secretary of Agriculture, acting through the Chief of the
Forest Service (referred to in this Act as the ``Secretary''), shall
issue 1 or more decisions using expedited authorities for compliance
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), including sections 603 and 605 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591b, 6591d) and a determination of
NEPA adequacy described in section 220.4(j) of title 36, Code of
Federal Regulations (or successor regulations), to carry out vegetation
management projects on land in the Black Hills National Forest.
SEC. 3. FUNDING FOR TIMBER PRODUCTION PROJECTS.
(a) In General.--Of the amounts made available to the Secretary by
section 40803(c)(11) of the Infrastructure Investment and Jobs Act (16
U.S.C. 6592(c)(11)), the Secretary shall use $40,000,000 for the period
of fiscal years 2022 through 2026 to carry out projects on the Bighorn
National Forest, the Custer Gallatin National Forest, and the Black
Hills National Forest that will result in timber production.
(b) Use of Categorical Exclusion and Emergency Action
Authorities.--In carrying out projects under subsection (a), the
Secretary shall use, to the extent practicable--
(1) the categorical exclusion established by section
40806(b) of the Infrastructure Investment and Jobs Act (16
U.S.C. 6592b(b)); and
(2) the emergency action authority under section 40807 of
that Act (16 U.S.C. 6592c).
(c) Excess Amounts.--If any amounts made available under subsection
(a) are not used by the Secretary by September 30, 2026, and the
Secretary has exhausted all reasonable means to use those amounts for
the purposes described in that subsection, those amounts shall remain
available to the Secretary until expended to carry out projects
described in section 40803(c)(11) of the Infrastructure Investment and
Jobs Act (16 U.S.C. 6592(c)(11)).
SEC. 4. WOOD PRODUCTS INFRASTRUCTURE.
In the ranking system developed under section 40804(d)(1) of the
Infrastructure Investment and Jobs Act (16 U.S.C. 6592a(d)(1)), the
Secretary shall categorize the Black Hills National Forest and the
Bighorn National Forest as being very high priority for ecological
restoration involving vegetation removal.
SEC. 5. ADMINISTRATION.
(a) Judicial Review.--A project carried out under section 2 or 3
shall not be subject to judicial review.
(b) Excluded Land.--A project carried out under section 2 or 3 may
not be carried out on--
(1) a component of the National Wilderness Preservation
System; or
(2) an inventoried roadless area.
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