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114th Congress   }                                   {   Rept. 114-185
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                   {          Part 2

======================================================================



 
                 RESILIENT FEDERAL FORESTS ACT OF 2015

                                _______
                                

 June 25, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2647]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2647) 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, and for 
other purposes, having considered the same, report favorably 
thereon with amendments and recommend that the bill as amended 
do pass.
    The amendments are 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 2015''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

     TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF 
    CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES

Sec. 101. Analysis of only two alternatives (action versus no action) 
in proposed collaborative forest management activities.
Sec. 102. Categorical exclusion to expedite certain critical response 
actions.
Sec. 103. Categorical exclusion to expedite salvage operations in 
response to catastrophic events.
Sec. 104. Categorical exclusion to meet forest plan goals for early 
successional forests.
Sec. 105. Clarification of existing categorical exclusion authority 
related to insect and disease infestation.
Sec. 106. Categorical exclusion to improve, restore, and reduce the 
risk of wildfire.
Sec. 107. Compliance with forest plan.

 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.
Sec. 204. Exclusion of certain lands.

        TITLE III--COLLABORATIVE PROJECT LITIGATION REQUIREMENT

Sec. 301. Definitions.
Sec. 302. Bond requirement as part of legal challenge of certain 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.

              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.

 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.

         TITLE VIII--MISCELLANEOUS FOREST MANAGEMENT PROVISIONS

Sec. 801. Balancing short- and long-term effects of forest management 
activities in considering injunctive relief.
Sec. 802. Conditions on Forest Service road decommissioning.
Sec. 803. Prohibition on application of Eastside Screens requirements 
on National Forest System lands.
Sec. 804. Use of site-specific forest plan amendments for certain 
projects and activities.
Sec. 805. Knutson-Vandenberg Act modifications.
Sec. 806. Exclusion of certain National Forest System lands and public 
lands.

SEC. 2. DEFINITIONS.

  In this Act:
          (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) Categorical exclusion.--The term ``categorical 
        exclusion'' refers to an exception to the requirements of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4331 et 
        seq.) for a project or activity relating to the management of 
        National Forest System lands or public lands.
          (3) 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 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)).
          (4) 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)).
          (5) 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).
          (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 in concert with the forest plan covering the lands.
          (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.
          (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(e) of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1702(e)), 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 activity carried out by the 
        Secretary concerned whose primary purpose is the reforestation 
        of fire-impacted lands following a large-scale wildfire. The 
        term includes planting, evaluating and enhancing natural 
        regeneration, clearing competing vegetation, and other 
        activities related to reestablishment of forest species on the 
        fire-impacted lands.
          (13) 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)).
          (14) Salvage operation.--The term ``salvage operation'' means 
        a forest management activity undertaken in response to a 
        catastrophic event whose primary purpose--
                  (A) is 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) is to provide an opportunity for utilization of 
                forest materials damaged as a result of the 
                catastrophic event; or
                  (C) is 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.

     TITLE I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF 
    CATEGORICAL EXCLUSIONS TO EXPEDITE 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(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 concerned shall study, develop, and describe only the 
following two alternatives:
          (1) The forest management activity, as proposed pursuant to 
        paragraph (1), (2), or (3) of subsection (a).
          (2) The alternative of no action.
  (c) Elements of Non-Action Alternative.--In the case of the 
alternative of no action, the Secretary concerned shall evaluate--
          (1) the effect of no action on--
                  (A) forest health;
                  (B) habitat diversity;
                  (C) wildfire potential; and
                  (D) insect and disease potential; 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 costs;
                  (B) wildlife habitat loss; and
                  (C) other economic and social factors.

SEC. 102. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE 
                    ACTIONS.

  (a) Availability of Categorical Exclusion.--A categorical exclusion 
is available to the Secretary concerned to develop and carry out a 
forest management activity on National Forest System lands or public 
lands when the primary purpose of the forest management 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; or
          (6) any combination of the purposes specified in paragraphs 
        (1) through (5).
  (b) 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 granted by 
        subsection (a) may not contain harvest units exceeding a total 
        of 5,000 acres.
          (2) Larger areas authorized.--A forest management activity 
        covered by the categorical exclusion granted by subsection (a) 
        may not contain harvest units exceeding a total of 15,000 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. 103. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN 
                    RESPONSE TO CATASTROPHIC EVENTS.

  (a) Availability of Categorical Exclusion.--A categorical exclusion 
is available to the Secretary concerned to develop and carry out a 
salvage operation as part of the restoration of National Forest System 
lands or public lands following a catastrophic event.
  (b) Acreage Limitations.--
          (1) In general.--A salvage operation covered by the 
        categorical exclusion granted by subsection (a) may not contain 
        harvest units exceeding a total of 5,000 acres.
          (2) Harvest area.--In addition to the limitation imposed by 
        paragraph (1), the harvest units covered by the categorical 
        exclusion granted by subsection (a) may not exceed one-third of 
        the area impacted by the catastrophic event.
  (c) Additional Requirements.--
          (1) Road building.--A salvage operation covered by the 
        categorical exclusion granted by subsection (a) may not include 
        any new permanent roads. Temporary roads constructed as part of 
        the salvage operation shall be retired before the end of the 
        second fiscal year beginning after the completion of the 
        salvage operation.
          (2) Stream buffers.--A salvage operation covered by the 
        categorical exclusion granted by 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.
          (3) 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 
        granted by subsection (a).

SEC. 104. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR EARLY 
                    SUCCESSIONAL FORESTS.

  (a) Availability of Categorical Exclusion.--A categorical exclusion 
is available to the Secretary concerned to develop and carry out a 
forest management activity on National Forest System lands or public 
lands when the primary purpose of the forest management activity is to 
modify, improve, enhance, or create early successional forests for 
wildlife habitat improvement and other purposes, consistent with the 
applicable forest plan.
  (b) 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.
  (c) Acreage Limitations.--A forest management activity covered by the 
categorical exclusion granted by subsection (a) may not contain harvest 
units exceeding a total of 5,000 acres.

SEC. 105. 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, or Fire Regime IV''.

SEC. 106. CATEGORICAL EXCLUSION TO IMPROVE, RESTORE, AND REDUCE THE 
                    RISK OF WILDFIRE.

  (a) Availability of Categorical Exclusion.--A categorical exclusion 
is available to the Secretary concerned to carry out a forest 
management activity described in subsection (c) on National Forest 
System Lands or public lands when the primary purpose of the activity 
is to improve, restore, or reduce the risk of wildfire on those lands.
  (b) Acreage Limitations.--A forest management activity covered by the 
categorical exclusion granted by subsection (a) may not exceed 5,000 
acres.
  (c) Authorized Activities.--The following activities may be carried 
out using a categorical exclusion granted by subsection (a):
          (1) 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.
          (2) Performance of hazardous fuels management.
          (3) Creation of fuel and fire breaks.
          (4) Modification of existing fences in order to distribute 
        livestock and help improve wildlife habitat.
          (5) Installation of erosion control devices.
          (6) 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.
          (7) Performance of soil treatments, native and non-native 
        seeding, and planting of and transplanting sagebrush, grass, 
        forb, shrub, and other species.
          (8) 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.
  (d) 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 to for purposes of 
        hazardous fuel reduction.

SEC. 107. COMPLIANCE WITH FOREST PLAN.

  A forest management activity covered by a categorical exclusion 
granted by this title 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.

 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, any environmental assessment prepared by the 
Secretary concerned pursuant to section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) 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 three months 
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 achieve reforestation of at least 75 
percent of the impacted lands during the five-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.

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.

SEC. 204. EXCLUSION OF CERTAIN LANDS.

  In applying this title, the Secretary concerned may not carry out 
salvage operations or reforestation activities on National Forest 
System lands or public lands--
          (1) that are included in the National Wilderness Preservation 
        System;
          (2) that are located within an inventoried roadless area 
        unless the reforestation activity is consistent with the forest 
        plan; or
          (3) on which timber harvesting for any purpose is prohibited 
        by statute.

        TITLE III--COLLABORATIVE PROJECT LITIGATION REQUIREMENT

SEC. 301. DEFINITIONS.

  In this title:
          (1) Costs.--The term ``costs'' refers to the fees and costs 
        described in section 1920 of title 28, United States Code.
          (2) Expenses.--The term ``expenses'' includes the 
        expenditures incurred by the staff of the Secretary concerned 
        in preparing for and responding to 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.

SEC. 302. 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 
equal to the anticipated costs, expenses, and attorneys fees of the 
Secretary concerned as defendant, as reasonably estimated by the 
Secretary concerned. 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 concerned prevails 
        in an action challenging a forest management activity described 
        in subsection (a), the Secretary concerned 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 
        concerned.
          (2) Maximum amount recovered.--The amount of costs, expenses, 
        and attorneys fees recovered by the Secretary concerned 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 every action 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 every cause of action in every action 
        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 concerned 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 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 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. 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 ``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, of which--
                          ``(i) at least 2 shall be representative of 
                        interests described in subparagraph (A) of 
                        paragraph (2);
                          ``(ii) at least 2 shall be representative of 
                        interests described in subparagraph (B) of 
                        paragraph (2); and
                          ``(iii) at least 2 shall be representative of 
                        interests described in subparagraph (C) of 
                        paragraph (2).
                  ``(B) Additional requirements.--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. In the case of a 
                vacancy on a resource advisory committee, the vacancy 
                shall be filled within 90 days after the date on which 
                the vacancy occurred. Appointments to a new resource 
                advisory committee shall be made within 90 days after 
                the date on which the decision to form the new resource 
                advisory committee was made.
                  ``(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. The charter of a 
                resource advisory committee shall be reapproved before 
                the expiration of the existing charter of the resource 
                advisory committee. In the case of a new resource 
                advisory committee, the charter of the resource 
                advisory committee shall be approved within 90 days 
                after the date on which the decision to form the new 
                resource advisory committee was made.''.
  (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. 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, 
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 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, 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. 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) 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 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.--The Chief and the Director may obligate 
        funds 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 $25,000,000.--Not later than 30 days before entering 
        into a multiyear agreement or contract under subsection (b) 
        that includes a cancellation ceiling in excess of $25,000,000, 
        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 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''.

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 Forest 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''.

 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 Forest 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(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2))), 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; 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 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 one year after the 
                date on which the Secretary received the request.
                  ``(C) Completion.--Not later than two 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 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; and
                  ``(D) recognize all right-of-way agreements in place 
                on Federal forest land prior to commencement of tribal 
                management activities.
          ``(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).''.

         TITLE VIII--MISCELLANEOUS FOREST MANAGEMENT PROVISIONS

SEC. 801. 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 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.

SEC. 802. 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) Regional Forester Approval.--A Forest Service road described in 
subsection (a) may not be decommissioned without the advance approval 
of the Regional Forester.

SEC. 803. PROHIBITION ON APPLICATION OF EASTSIDE SCREENS REQUIREMENTS 
                    ON NATIONAL FOREST SYSTEM LANDS.

  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 to forest plans adopted in the Decision Notice for the 
Revised Continuation of 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.

SEC. 804. 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. 805. 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. 806. EXCLUSION OF CERTAIN NATIONAL FOREST SYSTEM LANDS AND PUBLIC 
                    LANDS.

  Unless specifically provided by a provision of this Act, 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 an inventoried roadless area 
        unless the forest management activity to be carried out under 
        such authority is consistent with the forest plan applicable to 
        the area; or
          (3) on which timber harvesting for any purpose is prohibited 
        by statute.
  Amend the title so as to read: ``A bill 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.''.

                          Purpose of the Bill

    The purpose of H.R. 2647 is 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.

                  Background and Need for Legislation

    H.R. 2647 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 wildfire 
over the past 15 years. These catastrophic wildfires have a 
significant negative impact on watershed health, wildlife 
habitat, property, and human life. Since 2006, USFS has 
indicated more than 3,000 man-made structures have been 
destroyed. Most disturbingly, agency data indicates that 348 
lives have been lost to catastrophic wildfire since 1995.
    The alarming increase in catastrophic wildfire impacts can 
be attributable to the decrease in timber production. From the 
mid-1950s to the mid-1990s, USFS typically harvested between 
ten and 12 billion board feet annually. Since 1996, that number 
has declined to a range of 1.6 to 3.3 billion board feet. 
During this same period, the average number of acres burned 
increased to six million acres, up from 3.3 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, plus the chilling effect of unnecessary litigation on 
forest planning decisions. A 2012 USFS report estimated that 
between 65 million and 82 million acres 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, 
USFS treated 2.9 million acres of land. At this pace, it would 
take the agency more than 20 years to treat this endangered 
land.
    Prior to marking up H.R. 2647, the House Natural Resources 
Subcommittee on Federal Lands heard testimony from a variety of 
witnesses--including retired USFS employees, sportsmen groups, 
and Indian tribes--about the declining state of health of our 
federal forests and opportunities for Congress to expand 
existing USFS and BLM tools to improve forest health. This 
legislation attempts to address the core issues facing USFS: 
lengthy and costly planning processes to complete needed 
hazardous fuel reduction projects and the threat of litigation 
forcing USFS and BLM to take an overly cautious approach to 
forest management. H.R. 2647 addresses these challenges by 
rewarding collaboration among interest groups and minimizing 
the threat of needless litigation while providing proven 
categorical exclusions under the National Environmental Policy 
Act for the agencies to use to engage in routine treatment of 
forested lands.
    H.R. 2647 imposes no new requirements or burdens on USFS or 
BLM. It expands upon the successes of the Agricultural Act of 
2014 (Public Law 113-79) and the Healthy Forests Restoration 
Act of 2003 (Public Law 108-148).
    H.R. 2647 also retains many environmental safeguards to 
ensure that the respective land management agencies use these 
authorities in a reasonable and environmentally-safe manner.

                            Committee Action

    H.R. 2647 was introduced on June 4, 2015, by Congressman 
Bruce Westerman (R-AR). The bill was referred to the Committee 
on Agriculture and in addition to the Committee on Natural 
Resources. Within the Committee on Natural Resources, the bill 
was referred to the Subcommittee on Federal Lands and the 
Subcommittee on Indian, Insular and Alaska Native Affairs. On 
June 10, 2015, the Natural Resources Committee met to consider 
the bill. The Subcommittees were discharged by unanimous 
consent. Congressman Westerman offered an amendment to the bill 
(007); it was adopted by voice vote. Congressman Cresent Hardy 
(R-NV) offered an amendment to the bill (001); it was adopted 
by voice vote. Congressman Dan Benishek (R-MI) offered and 
withdrew an amendment (011). Congressman Jared Polis (D-CO) 
offered an amendment (066); it was not adopted by a roll call 
vote of 16-22, as follows:


    Congressman Raul M. Grijalva (D-AZ) offered an amendment 
(052). It was not adopted by a bipartisan roll call vote of 15-
24, as follows:


    No additional amendments were offered and the bill, as 
amended, was adopted and ordered favorably reported to the 
House of Representatives by a bipartisan roll call vote of 22-
15 on June 11, 2015, as follows:


            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 2647--Resilient Federal Forests Act of 2015

    Summary: H.R. 2647 would change the way the Forest Service 
conducts various activities related to forest management. The 
bill also would exempt lawsuits challenging certain forest 
management activities from the Equal Access to Justice Act 
(EAJA) and would require plaintiffs who sue the Forest Service 
for conducting such activities to post a cash bond to cover the 
agency's legal expenses if the agency wins the lawsuit.
    Based on information provided by the Forest Service, CBO 
estimates that implementing the bill would cost $10 million 
over the 2016-2020 period, assuming appropriation of the 
necessary amounts. Because H.R. 2647 contains provisions that 
would affect direct spending, pay-as-you-go procedures apply. 
However, CBO estimates that none of the provisions would have a 
significant effect on direct spending in any year and that 
enacting the bill would have a negligible net effect on direct 
spending over the 2016-2025 period. Enacting the legislation 
would not affect revenues.
    H.R. 2647 would impose intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act (UMRA) 
on plaintiffs, including public and private entities, seeking 
judicial review of some forest management activities on federal 
lands. CBO estimates that the cost of the mandates would fall 
below the annual thresholds established in UMRA for 
intergovernmental and private-sector mandates ($77 million and 
$154 million in 2015, respectively, adjusted annually for 
inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of H.R. 2647 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--
                                                         -------------------------------------------------------
                                                            2016     2017     2018     2019     2020   2016-2020
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level...........................        2        2        2        2        2        10
Estimated Outlays.......................................        2        2        2        2        2        10
----------------------------------------------------------------------------------------------------------------

    Basis of estimate:

Limit on the use of certain funds for administrative costs

    The Knutson-Vandenberg Trust Fund (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. Because, under the bill, those 
amounts would no longer be available to cover those 
administrative costs, CBO estimates that implementing this 
provision would cost $2 million a year over the 2016-2020 
period, assuming appropriation of the necessary amounts. Based 
on information from the Forest Service, CBO expects this 
provision would not change total spending from the K-V Fund.

Expedited environmental reviews and salvage operations

    H.R. 2647 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 the Bureau of 
Land Management 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.

State-supported forest management

    H.R. 2647 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.

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. 2647 would require certain plaintiffs who sue the 
Forest Service to post a bond to cover the agency's legal 
expenses. Under the bill, if the Forest Service wins the 
lawsuit, an amount equal to the agency's legal expenses or the 
amount of the bond, whichever is less, would be awarded to the 
agency and would be classified as an offsetting receipt. The 
bill also 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 provided by 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.
    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. Enacting H.R. 2647 would have no significant net 
effect on direct spending over the 2016-2025 period, CBO 
estimates.
    Intergovernmental and private-sector impact: H.R. 2647 
would impose intergovernmental and private-sector mandates on 
plaintiffs, including public and private entities, seeking 
judicial review of some forest management activities on federal 
lands. CBO estimates that the aggregate cost of the mandates in 
the bill would fall below the annual thresholds established in 
UMRA for intergovernmental and private-sector mandates ($77 
million and $154 million in 2015, respectively, adjusted 
annually for inflation).
    The bill would impose a mandate by establishing bond 
requirements on plaintiffs seeking judicial review of some 
forest management projects carried out on federal lands. The 
value of the bond would be equal to the estimated litigation 
costs of the federal government. The cost of the mandate would 
be the purchase price of required bonds, typically 10 percent 
of the bond amount. CBO expects that both the number of forest 
management projects by federal agencies that would be litigated 
and the bond fee in those cases would be relatively small. 
Therefore, CBO expects that the annual cost of the mandate also 
would be small.
    Additionally, the bill would prohibit plaintiffs from 
seeking a preliminary injunction to temporarily stop 
activities, such as salvage logging, on federal lands. By 
eliminating a right of action, the bill would impose a mandate. 
The cost of a mandate that eliminates a right of action is the 
forgone income and value of awards in such cases. Because such 
losses would generally not occur for the types of cases 
involved, CBO expects that the mandate would probably impose no 
costs.
    Estimate prepared by: Federal costs: Jeff LaFave; Impact on 
state, local, and tribal governments: Jon Sperl; Impact on the 
private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Assistant Director for 
Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. The Congressional Budget Office 
(CBO) estimates that implementing the bill would cost $10 
million over the 2016-2010 time period, subject to 
appropriation. In addition, CBO concludes that enacting the 
bill would have a ``negligible'' net effect on direct spending 
over the 2016-2025 period.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office (GAO) to Congress pursuant to section 21 of Public Law 
111-139 or the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169). The bill does amend and improve a Secure Rural Schools 
and Community Self-Determination Act (SRS, Public Law 106-393) 
program that was identified in a 2011 GAO report as a 
development program that had similar or overlapping objectives 
with other development programs. The bill's changes to the 
program will result in a more self-sustained and effective 
program of forest management and community development under 
SRS.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         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):

                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, or Fire Regime IV, 
                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.
          (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).
          (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 and the Director 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).
  (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.--The Chief and the Director may 
        obligate funds 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 $25,000,000.--Not later than 30 
        days before entering into a multiyear agreement or 
        contract under subsection (b) that includes a 
        cancellation ceiling in excess of $25,000,000, 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.
                              ----------                              


   SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000



           *       *       *       *       *       *       *
TITLE II--SPECIAL PROJECTS ON FEDERAL LAND

           *       *       *       *       *       *       *


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; 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 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 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] 2020, or an advisory 
                committee determined by the Secretary concerned 
                before September 29, [2012] 2020, to meet the 
                requirements of this section may be deemed by 
                the Secretary concerned 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] 2020, 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 
        for any appropriate changes or adjustments to the 
        projects being monitored by the resource advisory 
        committee.
  (c) Appointment by the Secretary.--
          (1) Appointment and term.--
                  (A) In general.--The Secretary concerned, 
                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 
                may reappoint members to subsequent 4-year 
                terms.
          (2) Basic requirements.--The Secretary concerned 
        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 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.
  (d) Composition of Advisory Committee.--
          (1) Number.--[Each] Except during the period 
        specified in paragraph (6), each resource advisory 
        committee shall be comprised of 15 members.
          (2) Community interests represented.--Committee 
        members shall be representative of the interests of the 
        following 3 categories:
                  (A) 5 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 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 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 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.
          (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, of which--
                          (i) at least 2 shall be 
                        representative of interests described 
                        in subparagraph (A) of paragraph (2);
                          (ii) at least 2 shall be 
                        representative of interests described 
                        in subparagraph (B) of paragraph (2); 
                        and
                          (iii) at least 2 shall be 
                        representative of interests described 
                        in subparagraph (C) of paragraph (2).
                  (B) Additional requirements.--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. In the case of 
                a vacancy on a resource advisory committee, the 
                vacancy shall be filled within 90 days after 
                the date on which the vacancy occurred. 
                Appointments to a new resource advisory 
                committee shall be made within 90 days after 
                the date on which the decision to form the new 
                resource advisory committee was made.
                  (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. The charter of a resource 
                advisory committee shall be reapproved before 
                the expiration of the existing charter of the 
                resource advisory committee. In the case of a 
                new resource advisory committee, the charter of 
                the resource advisory committee shall be 
                approved within 90 days after the date on which 
                the decision to form the new resource advisory 
                committee was made.
  (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). 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.
  (f) Other Committee Authorities and Requirements.--
          (1) Staff assistance.--A resource advisory committee 
        may submit to the Secretary concerned a request for 
        periodic staff assistance from Federal employees under 
        the jurisdiction of the Secretary.
          (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, 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 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, 
        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.

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 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.

           *       *       *       *       *       *       *

                              ----------                              


     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 one year after the date on which 
                the Secretary received the request.
                  (C) Completion.--Not later than two 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.
                              ----------                              


   SECTION 305 OF THE NATIONAL INDIAN FOREST RESOURCES MANAGEMENT ACT



           *       *       *       *       *       *       *
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. 450 
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 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; and
                  (D) recognize all right-of-way agreements in 
                place on Federal forest land prior to 
                commencement of tribal management activities.
          (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).
                              ----------                              


                          ACT OF JUNE 9, 1930

AN ACT Authorizing the Secretary of Agriculture to enlarge treeplanting 
        operations on national forests, and for other purposes.



           *       *       *       *       *       *       *
  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.

           *       *       *       *       *       *       *


                            DISSENTING VIEWS

    H.R. 2647 claims to promote forest health and reduce 
wildfire risk on public lands by providing broad exemptions 
from environmental analyses required under the National 
Environmental Policy Act (NEPA) and restricting judicial review 
of authorized forest management activities. The bill applies to 
forests managed by the National Forest Service as a well as 
those managed by the Bureau of Land Management. Sponsors of the 
bill claim that these sweeping exemptions of bedrock 
environmental safeguards, and disregard for the right of 
American citizens to confront their government, are necessary 
to incentivize collaboration and increase the pace and scale of 
restoration projects.
    Unfortunately, the bill fails to address the biggest 
obstacle to restoration and collaboration: the cost of large 
wildfires. In recent years, firefighting costs have consumed 
over fifty percent of the Forest Service's budget, with the 
largest one percent of wildfires accounting for thirty percent 
of those costs. The costs of large, complex wildfires force the 
Forest Service to transfer funds away from programs that 
promote forest health and mitigate wildfire risk in order to 
fund wildfire suppression. This counterintuitive practice, 
commonly known as ``fire borrowing,'' will continue to divert 
huge sums of money from forest management activities until 
Congress provides a solution. H.R. 2647 ignores this reality.
    Instead of addressing the wildfire funding issue, which the 
Chief of the Forest Service has described as the agency's 
number one concern, this bill authorizes a range of forest 
management activities with limited environmental review and 
public participation.
    Title I creates several new Categorical Exclusions (CE) 
under NEPA. CEs are reserved for categories of actions which do 
not individually or cumulatively have a significant effect on 
the human environment and, for which, neither an environmental 
assessment (EA) nor an environmental impact statement (EIS) is 
required unless there are extraordinary circumstances, as 
described by the agency. All of the CEs established by H.R. 
2647 lack the customary sideboards that determine the 
circumstances in which the covered activity has environmental 
impacts that require the preparation of an EA or EIS. Without 
articulating these extraordinary circumstances, the language 
becomes a waiver of NEPA's requirement.
    The bill creates a CE to address insect or disease 
infestation, reduce hazardous fuels, protect municipal water 
sources, maintain, enhance, or modify critical habitat for 
threatened or endangered species, increase water yield, or any 
combination of these purposes. The CE can be up to 5,000 acres 
or up to 15,000 acres if the forest management activity is 
either developed through a collaborative process, proposed by a 
resources advisory committee, or covered by a community 
wildfire protection plan. The 2014 Farm Bill created a CE for 
collaboratively-developed insect and disease treatment projects 
up to 3,000 acres in size that preserve old growth forests and 
focus on scientifically sound ecological restoration. This bill 
increases the project size five-fold while dropping the 
emphasis on old growth protection and sound science.
    Second, the bill creates a CE for a salvage operation as 
part of restoration of National Forest Service System lands or 
other public lands after a catastrophic event. The area covered 
by the CE can be up to 5,000 acres, and the harvest area 
covered by the CE cannot exceed one-third of the area burned by 
the wildfire. This is 20 times larger than the current 250 acre 
authority for salvage logging CEs. At mark-up, the majority 
adopted an amendment that removed language that limited 
temporary road construction to one square mile. The amendment 
also removed a requirement to comply with standards and 
guidelines for stream buffers. Failure to adequately address 
stream protection and limit temporary road construction could 
lead to significant ecological impacts. Salvage logging 
operations occur in ecologically sensitive post-fire landscapes 
and require careful consideration.
    Third, H.R. 2647 establishes a CE to improve, enhance, or 
create successional forests for wildlife habitat improvement 
and other purposes for management activities up to 5,000 acres. 
Establishment of early successional forests is typically 
achieved through clear cutting. Clear cuts are not currently 
authorized under Forest Service NEPA guidance and this bill 
could lead to nearly 8 square mile clear cuts with limited 
review of the impacts on wildlife, water quality, and other 
ecosystem services.
    Lastly, an amendment was added to the bill at mark-up that 
creates a CE for projects intended to improve, restore, and 
reduce the risk of wildfire. This broad CE could apply to a 
multitude of management activities, including the use of 
pesticides in forests, without careful consideration. Current 
Forest Service practice excludes the use of herbicides or 
pesticides from consideration under the CE for hazardous fuels 
reduction which was authorized under the Healthy Forest 
Restoration Act of 2003.
    Title II requires a NEPA environmental assessment to be 
completed within three months for a salvage operation or 
reforestation of National Forest System lands or public lands 
following a large-scale catastrophic event (over 10,000 acres). 
Rushing the NEPA process could have unfortunate long-term 
results, such as creating highly flammable tree plantations, if 
potential environmental effects are not well considered. Title 
II also requires the reforestation to achieve 75 percent of the 
fire-impacted lands within the five year period following the 
conclusion of the wildfire. The Forest Service testified in 
opposition to both of these unrealistic timelines and project 
goals.
    Lastly, this section of the bill prohibits restraining 
orders and preliminary injunctions with respect to any decision 
to prepare or conduct a salvage operation or reforestation in 
response to a catastrophic event and prevents relief pending 
review from applying to any challenge to such a salvage 
operation or reforestation activity. Salvage operations should 
be considered on a caseby-case basis and subject to 
environmental review.
    Title III would require litigants challenging projects 
developed under collaborative framework to put up a bond 
covering all litigation expenses of the government. Plaintiffs 
would only get their bond back if they prevailed on all their 
claims. Further, it would not allow litigants to recover 
attorney's fees under Equal Access to Justice Act (EAJA). It is 
a fundamental principle of American law and our system of 
separation of powers that citizens can turn to the legal system 
to hold the government accountable. A citizen holding their 
government accountable can ensure agency compliance with 
statutory mandates that Congress enacted, such as requiring 
public input and participation. Title III treats judicial 
review of agency decisions as an annoyance to be minimized. The 
result of this bill would be to prevent any plaintiffs except 
large companies with deep pockets, from bringing suit. The fee-
shifting provisions in section 302 are especially extreme. The 
bill envisions a new world order: if the plaintiff loses, the 
plaintiff pays the government's fees; if the plaintiff fails to 
win every claim, the plaintiff pays the government's fees; and 
if the government loses, there is no return fee-shifting in 
favor of the plaintiff.
    Sponsors of the bill claim they want to limit the federal 
government's power and to empower individuals, but this does 
the exact opposite--it's all about making sure the Federal 
government can do exactly what it wants without having to worry 
about pesky legal challenges filed by annoying American 
taxpayers. Our civil justice system is not designed to work to 
benefit the mighty and ignore the small and blocking access to 
the courts does nothing to make our forests more resilient.
    Title IV amends the Secure Rural Schools and Community 
Self-Determination Act (SRS) Title II by repealing the existing 
requirement to dedicate at least 50 percent of the Title II 
funding to stream and watershed restoration or road maintenance 
or removal. Instead, it would require that at least 50 percent 
of the Title II funds in each county to be used exclusively for 
stewardship projects that ``include the sale of timber or other 
forest products'' and ``implement stewardship objectives that 
enhance the forest ecosystems or restore and improve land 
health quality.'' This directs funds away from their original 
purpose, changing the orientation of the program from 
restoration to timber sale driven revenue generation.
    Title VIII includes a provision that would require Forest 
Service land managers to consult with affected county 
commissioners and solicit possible alternatives prior to 
decommissioning any closed or primitive road that is located in 
a ``designated high fire prone area'' of the National Forests. 
Adding procedural hurdles does nothing to improve forest health 
or reduce wildfire risk.
    All told, the potential effects of H.R. 2647 are difficult 
to enumerate. Significant collaborative efforts have brought 
together a diverse range of stakeholders to plan and implement 
forest management activities across the National Forest System. 
The top-down, Congress-knows-best approach advanced by this 
bill threatens to unravel the trust that has been developed and 
tear apart the incentive to collaborate. For that reason and 
those described above, we cannot support this bill in its 
current form.

                                   Raul Grijalva.
                                   Alan Lowenthal.
                                   Matt Cartwright.
                                   Debbie Dingell.
                                   Don Beyer.
                                   Niki Tsongas.
                                   Grace Napolitano.
                                   Jared Huffman.
                                   Ruben Gallego.

                                  [all]