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I
116TH CONGRESS
1ST SESSION H. R. 2607
To expedite under the National Environmental Policy Act of 1969 and im-
prove forest management activities on National Forest System lands,
on public lands under the jurisdiction of the Bureau of Land Manage-
ment, and on Tribal lands to return resilience to overgrown, fire-prone
forested lands, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 8, 2019
Mr. WESTERMAN (for himself, Mr. BISHOP of Utah, Ms. CHENEY, Mr. COOK,
Mr. THOMPSON of Pennsylvania, Mr. GIANFORTE, Mr. GOSAR, Mr. HUN-
TER, Mr. JOHNSON of South Dakota, Mr. LAMALFA, Mr. MCCLINTOCK,
Mrs. RODGERS of Washington, Mr. NEWHOUSE, Mr. STEWART, Mr. TIP-
TON, Mr. WALDEN, Mr. YOUNG, Mr. FULCHER, and Mr. CURTIS) intro-
duced the following bill; which was referred to the Committee on Agri-
culture, and in addition to the Committee on Natural Resources, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
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.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
1
(a) SHORT TITLE.—This Act may be cited as the
2
‘‘Resilient Federal Forests Act of 2019’’.
3
(b) TABLE OF CONTENTS.—The table of contents for
4
this Act is as follows:
5
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Rule of application for National Forest System lands and public lands.
TITLE I—EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAIL-
ABILITY OF CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST
MANAGEMENT ACTIVITIES
Subtitle A—Analysis of Proposed Collaborative Forest Management Activities
Sec. 101. Analysis of only two alternatives (action versus no action) in proposed
collaborative forest management activities.
Subtitle B—Categorical Exclusions
Sec. 111. Categorical exclusion to expedite certain critical response actions.
Sec. 112. Categorical exclusion to expedite salvage operations in response to
catastrophic events.
Sec. 113. Categorical exclusion to meet forest plan goals for early successional
forests.
Sec. 114. Categorical exclusion for road side projects.
Sec. 115. Categorical exclusion to improve or restore National Forest System
Lands or public land or reduce the risk of wildfire.
Sec. 116. Treatment areas.
Sec. 117. Administrative review.
Sec. 118. Wildfire resilience projects.
Subtitle C—General Provisions for Forest Management Activities
Sec. 121. Compliance with forest plans.
Sec. 122. Consultation under the National Historic Preservation Act.
Sec. 123. Consultation under the Endangered Species Act.
Sec. 124. Forest management activities considered non-discretionary actions.
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 injunc-
tions pending appeal.
TITLE III—FOREST MANAGEMENT LITIGATION
Subtitle A—General Litigation Provisions
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Sec. 301. No attorney fees for forest management activity challenges.
Sec. 302. Injunctive relief.
Subtitle B—Forest Management Activity Arbitration Pilot Program
Sec. 311. Use of arbitration instead of litigation to address challenges to 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.
TITLE V—STEWARDSHIP END RESULT CONTRACTING
Sec. 501. Payment of portion of stewardship project revenues to county in
which stewardship project occurs.
Sec. 502. Fire liability provision.
Sec. 503. Extension of stewardship contracting maximum term limits.
TITLE VI—TRIBAL FORESTRY PARTICIPATION AND PROTECTION
Sec. 601. Protection of Tribal forest assets through use of stewardship end re-
sult contracting and other authorities.
Sec. 602. Management of Indian forest land authorized to include related Na-
tional Forest System lands and public lands.
Sec. 603. Tribal forest management demonstration project.
Sec. 604. Rule of application.
TITLE VII— EXPEDITING INTERAGENCY CONSULTATION
Subtitle A—Forest Plans Not Considered Major Federal Actions
Sec. 701. Forest plans not considered major Federal actions.
Subtitle B—Agency Consultation
Sec. 711. Consultation under Forest and Rangeland Renewable Resources
Planning Act of 1974.
TITLE VIII—MISCELLANEOUS
Subtitle A—Forest Management Provisions
Sec. 801. Clarification of existing categorical exclusion authority related to in-
sect and disease infestation.
Sec. 802. Revision of alternate consultation agreement regulations.
Sec. 803. Revision of extraordinary circumstances regulations.
Sec. 804. Conditions on Forest Service road decommissioning.
Sec. 805. Prohibition on application of Eastside Screens requirements on Na-
tional Forest System lands.
Sec. 806. Use of site-specific forest plan amendments for certain projects and
activities.
Sec. 807. Knutson-Vandenberg Act modifications.
Sec. 808. Application of Northwest Forest Plan Survey and Manage Mitigation
Measure Standard and Guidelines.
Sec. 809. Reconstruction and repair included in good neighbor agreements.
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Subtitle B—Oregon and California Railroad Grant Lands and Coos Bay
Wagon Road Grant Lands
Sec. 811. Amendments to the Act of August 28, 1937.
Sec. 812. Oregon and California Railroad Grant Lands and Coos Bay Wagon
Road Grant lands permanent rights of access.
Sec. 813. Management of Bureau of Land Management lands in Western Or-
egon.
SEC. 2. DEFINITIONS.
1
In titles I through IX:
2
(1) CATASTROPHIC EVENT.—The term ‘‘cata-
3
strophic event’’ means any natural disaster (such as
4
hurricane, tornado, windstorm, snow or ice storm,
5
rain storm, high water, wind-driven water, tidal
6
wave, earthquake, volcanic eruption, landslide,
7
mudslide, drought, or insect or disease outbreak) or
8
any fire, flood, or explosion, regardless of cause.
9
(2) COLLABORATIVE PROCESS.—The term ‘‘col-
10
laborative process’’ refers to a process relating to the
11
management of National Forest System lands or
12
public lands by which a project or forest manage-
13
ment activity is developed and implemented by the
14
Secretary concerned through collaboration with in-
15
terested
persons,
as
described
in
section
16
603(b)(1)(C) of the Healthy Forests Restoration Act
17
of 2003 (16 U.S.C. 6591b(b)(1)(C)).
18
(3)
COMMUNITY
WILDFIRE
PROTECTION
19
PLAN.—The term ‘‘community wildfire protection
20
plan’’ has the meaning given that term in section
21
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101 of the Healthy Forests Restoration Act of 2003
1
(16 U.S.C. 6511).
2
(4) COOS BAY WAGON ROAD GRANT LANDS.—
3
The term ‘‘Coos Bay Wagon Road Grant lands’’
4
means the lands reconveyed to the United States
5
pursuant to the first section of the Act of February
6
26, 1919 (40 Stat. 1179).
7
(5) FOREST
MANAGEMENT
ACTIVITY.—The
8
term ‘‘forest management activity’’ means a project
9
or activity carried out by the Secretary concerned on
10
National Forest System lands or public lands con-
11
sistent with the forest plan covering the lands.
12
(6) FOREST
PLAN.—The term ‘‘forest plan’’
13
means—
14
(A) a land use plan prepared by the Bu-
15
reau of Land Management for public lands pur-
16
suant to section 202 of the Federal Land Policy
17
and Management Act of 1976 (43 U.S.C.
18
1712); or
19
(B) a land and resource management plan
20
prepared by the Forest Service for a unit of the
21
National Forest System pursuant to section 6
22
of the Forest and Rangeland Renewable Re-
23
sources Planning Act of 1974 (16 U.S.C.
24
1604).
25
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(7) LARGE-SCALE CATASTROPHIC EVENT.—The
1
term ‘‘large-scale catastrophic event’’ means a cata-
2
strophic event that adversely impacts at least 5,000
3
acres of reasonably contiguous National Forest Sys-
4
tem lands or public lands, as determined by the Sec-
5
retary concerned.
6
(8) NATIONAL
FOREST
SYSTEM.—The term
7
‘‘National Forest System’’ has the meaning given
8
that term in section 11(a) of the Forest and Range-
9
land Renewable Resources Planning Act of 1974 (16
10
U.S.C. 1609(a)).
11
(9) OREGON AND CALIFORNIA RAILROAD GRANT
12
LANDS.—The term ‘‘Oregon and California Railroad
13
Grant lands’’ means the following lands:
14
(A) All lands in the State of Oregon re-
15
vested in the United States under the Act of
16
June 9, 1916 (39 Stat. 218), that are adminis-
17
tered by the Secretary of the Interior, acting
18
through the Bureau of Land Management, pur-
19
suant to the first section of the Act of August
20
28, 1937 (43 U.S.C. 1181a).
21
(B) All lands in that State obtained by the
22
Secretary of the Interior pursuant to the land
23
exchanges authorized and directed by section 2
24
of the Act of June 24, 1954 (43 U.S.C. 1181h).
25
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(C) All lands in that State acquired by the
1
United States at any time and made subject to
2
the provisions of title II of the Act of August
3
28, 1937 (43 U.S.C. 1181f).
4
(10) PUBLIC LANDS.—The term ‘‘public lands’’
5
has the meaning given that term in section 103 of
6
the Federal Land Policy and Management Act of
7
1976 (43 U.S.C. 1702), except that the term in-
8
cludes Coos Bay Wagon Road Grant lands and Or-
9
egon and California Railroad Grant lands.
10
(11) REFORESTATION
ACTIVITY.—The term
11
‘‘reforestation activity’’ means a project or forest
12
management activity carried out by the Secretary
13
concerned whose primary purpose is the reforest-
14
ation of impacted lands following a large-scale cata-
15
strophic event. The term includes planting, evalu-
16
ating and enhancing natural regeneration, clearing
17
competing vegetation, and other activities related to
18
reestablishment of forest species on the impacted
19
lands.
20
(12) RESOURCE
ADVISORY
COMMITTEE.—The
21
term ‘‘resource advisory committee’’ has the mean-
22
ing given that term in section 201 of the Secure
23
Rural Schools and Community Self-Determination
24
Act of 2000 (16 U.S.C. 7121).
25
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(13) SALVAGE OPERATION.—The term ‘‘salvage
1
operation’’ means a forest management activity and
2
restoration activities carried out in response to a
3
catastrophic event where the primary purpose is—
4
(A) to prevent wildfire as a result of the
5
catastrophic event, or, if the catastrophic event
6
was wildfire, to prevent a re-burn of the fire-im-
7
pacted area;
8
(B) to provide an opportunity for utiliza-
9
tion of forest materials damaged as a result of
10
the catastrophic event; or
11
(C) to provide a funding source for refor-
12
estation and other restoration activities for the
13
National Forest System lands or public lands
14
impacted by the catastrophic event.
15
(14)
SECRETARY
CONCERNED.—The
term
16
‘‘Secretary concerned’’ means—
17
(A) the Secretary of Agriculture, with re-
18
spect to National Forest System lands; and
19
(B) the Secretary of the Interior, with re-
20
spect to public lands.
21
SEC. 3. RULE OF APPLICATION FOR NATIONAL FOREST
22
SYSTEM LANDS AND PUBLIC LANDS.
23
Unless specifically provided by a provision of titles
24
I through IX, the authorities provided by such titles do
25
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not apply with respect to any National Forest System
1
lands or public lands—
2
(1) that are included in the National Wilderness
3
Preservation System;
4
(2) that are located within a national or State-
5
specific inventoried roadless area established by the
6
Secretary of Agriculture through regulation, un-
7
less—
8
(A) the forest management activity to be
9
carried out under such authority is consistent
10
with the forest plan applicable to the area; or
11
(B) the Secretary concerned determines
12
the activity is allowed under the applicable
13
roadless rule governing such lands; or
14
(3) on which timber harvesting for any purpose
15
is prohibited by Federal statute.
16
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•HR 2607 IH
TITLE I—EXPEDITED ENVIRON-
1
MENTAL
ANALYSIS
AND
2
AVAILABILITY OF CATEGOR-
3
ICAL EXCLUSIONS TO EXPE-
4
DITE FOREST MANAGEMENT
5
ACTIVITIES
6
Subtitle A—Analysis of Proposed
7
Collaborative
Forest
Manage-
8
ment Activities
9
SEC. 101. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION
10
VERSUS NO ACTION) IN PROPOSED COLLABO-
11
RATIVE FOREST MANAGEMENT ACTIVITIES.
12
(a) APPLICATION TO CERTAIN ENVIRONMENTAL AS-
13
SESSMENTS
AND
ENVIRONMENTAL
IMPACT
STATE-
14
MENTS.—This section shall apply whenever the Secretary
15
concerned prepares an environmental assessment or an en-
16
vironmental impact statement pursuant to section 102 of
17
the National Environmental Policy Act of 1969 (42 U.S.C.
18
4332) for a forest management activity that—
19
(1) is developed through a collaborative process;
20
(2) is proposed by a resource advisory com-
21
mittee;
22
(3) will occur on lands identified by the Sec-
23
retary concerned as suitable for timber production;
24
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(4) will occur on lands des
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