,i #aacth ,,congress #ast ,session ,h4 ,r4 #aebf ,,in ,,the ,,house ,,of ,,representatives ,april #ab1 #bjac ,mr4 ,hastings of ,washington 7for himself1 ,mrs4 ,mc,morris ,rodgers1 ,ms4 ,herrera ,beutler1 ,mr4 ,ribble1 ,mr4 ,la,malfa1 ,mr4 ,mc,clintock1 ,mr4 ,southerland1 ,mr4 ,daines1 ,mr4 ,thompson of ,pennsylvania1 ,mr4 ,young of ,alaska1 ,mr4 ,griffith of ,virginia1 ,mr4 ,gosar1 ,mr4 ,gohmert1 ,mr4 ,pearce1 ,mr4 ,bishop of ,utah1 and ,mrs4 ,lummis7 introduced the following bill2 which was referred to the ,committee on ,agriculture1 and in addition to the ,committee on ,natural ,resources1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to restore employment and educational opportunities in1 and improve the economic stability of1 counties containing ,national ,forest ,system land1 while also reducing ,forest ,service management costs1 by ensuring that such counties have a dependable source of revenue from ,national ,forest ,system land1 to provide a temporary extension of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,restoring ,healthy ,forests for ,healthy ,communities ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,establishment of ,forest ,reserve ,revenue ,areas and annual volume requirements4 ,sec4 #d4 ,management of ,forest ,reserve ,revenue ,areas4 ,sec4 #e4 ,distribution of forest reserve revenues4 ,sec4 #f4 ,extension of ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj pending full operation of ,forest ,reserve ,revenue ,areas4 #b4 ,definitions ,in this ,act3 7#a7 ,annual volume requirement 7,a7 ,in general ,the term annual volume requirement1 with respect to a ,forest ,reserve ,revenue ,area1 means a volume of national forest materials no less than #ej percent of the sustained yield of the ,forest ,reserve ,revenue ,area4 7,b7 ,exclusions ,in determining the volume of national forest materials or the sustained yield of a ,forest ,reserve ,revenue ,area1 the ,secretary may not include non-commercial post and pole sales and personal use firewood4 7#b7 ,beneficiary county ,the term beneficiary county means a political subdivision of a ,state that1 on account of containing ,national ,forest ,system land1 was eligible to receive payments through the ,state under title ,i of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaaa et seq474 7#c7 ,catastrophic event ,the term catastrophic event means an event 7including severe fire1 insect or disease infestations1 windthrow1 or other extreme weather or natural disaster7 that the ,secretary determines will cause or has caused substantial damage to ,national ,forest ,system land or natural resources on ,national ,forest ,system land4 7#d7 ,community wildfire protection plan ,the term community wildfire protection plan has the meaning given that term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74 7#e7 ,covered forest reserve project ,the terms covered forest reserve project and covered project mean a project involving the management or sale of national forest materials within a ,forest ,reserve ,revenue ,area to generate forest reserve revenues and achieve the annual volume requirement for the ,forest ,reserve ,revenue ,area4 7#f7 ,forest reserve revenue area 7,a7 ,in general ,the term ,forest ,reserve ,revenue ,area means ,national ,forest ,system land in a unit of the ,national ,forest ,system designated for sustainable forest management for the production of national forest materials and forest reserve revenues4 7,b7 ,inclusions ,subject to subparagraph 7,c71 but otherwise notwithstanding any other provision of law1 including executive orders and regulations1 the ,secretary shall include in ,forest ,reserve ,revenue ,areas all ,national ,forest ,system lands identified as commercial forest land capable of producing twenty cubic feet of timber per acre4 7,c7 ,exclusions ,a ,forest ,reserve ,revenue ,area may not include ,national ,forest ,system land-- 7i7 that is a component of the ,national ,wilderness ,preservation ,system2 or 7ii7 on which the removal of vegetation is specifically prohibited by ,federal statute4 7#g7 ,forest reserve revenues ,the term forest reserve revenues means revenues derived from the sale of national forest materials in a ,forest ,reserve ,revenue ,area4 7#h7 ,national forest materials ,the term national forest materials has the meaning given that term in section #ad7;e77#a7 of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a7e77#a774 7#i7 ,national forest system ,the term ,national ,forest ,system has the meaning given that term in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a771 except that the term does not include the ,national ,grasslands and land utilization projects designated as ,national ,grasslands administered pursuant to the ,act of ,july #bb1 #aicg 7#g ,u4,s4,c4 #ajaj-ajab74 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#aa7 ,sustained yield ,the term sustained yield means the annual growth of the forest calculated on the basis of the culmination of mean annual increment using cubic measurement or other methods at the sole discretion of the ,secretary4 7#ab7 ,state ,the term ,state includes the ,commonwealth of ,puerto ,rico4 7#ac7 #be-percent payment ,the term #be-percent payment means the payment to ,states required by the sixth paragraph under the heading of ,,forest ,,service in the ,act of ,may #bc1 #aijh 7#ce ,stat4 #bfj2 #af ,u4,s4,c4 #ejj71 and section #ac of the ,act of ,march #a1 #aiaa 7#cf ,stat4 #ifc2 #af ,u4,s4,c4 #ejj74 #c4 ,establishment of ,forest ,reserve ,revenue ,areas and annual volume requirements 7a7 ,establishment of ,forest ,reserve ,revenue ,areas ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall establish one or more ,forest ,reserve ,revenue ,areas within each unit of the ,national ,forest ,system4 7b7 ,purpose ,the purpose of a ,forest ,reserve ,revenue ,area is to provide a dependable source of #be-percent payments and economic activity for each beneficiary county containing ,national ,forest ,system land4 7c7 ,fiduciary responsibility ,the ,secretary shall have a fiduciary responsibility to beneficiary counties to manage ,forest ,reserve ,revenue ,areas to satisfy the annual volume requirement4 7d7 ,determination of annual volume requirement ,not later than #cj days after the date of the establishment of a ,forest ,reserve ,revenue ,area1 the ,secretary shall determine the annual volume requirement for that ,forest ,reserve ,revenue ,area4 7e7 ,limitation on reduction of forest reserve revenue areas ,once a ,forest ,reserve ,revenue ,area is established under subsection 7a71 the ,secretary may not reduce the number of acres of ,national ,forest ,system land included in that ,forest ,reserve ,revenue ,area4 7f7 ,map ,the ,secretary shall provide a map of all ,forest ,reserve ,revenue ,areas established under subsection 7a7 for each unit of the ,national ,forest ,system to-- 7#a7 the ,committee on ,agriculture and the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7#b7 the ,committee on ,agriculture1 ,nutrition1 and ,forestry and the ,committee on ,energy and ,natural ,resources of the ,senate4 7g7 ,recognition of ,valid and ,existing ,rights ,neither the establishment of ,forest ,reserve ,revenue ,areas under subsection 7a7 nor any other provision of this ,act shall be construed to limit or restrict-- 7#a7 access to ,national ,forest ,system land for hunting1 fishing1 recreation1 and other related purposes2 or 7#b7 valid and existing rights regarding ,national ,forest ,system land1 including rights of any federally recognized ,indian tribe4 #d4 ,management of ,forest ,reserve ,revenue ,areas 7a7 ,requirement ,to achieve annual volume requirement ,effective for fiscal year #bjad and each fiscal year thereafter1 the ,secretary shall manage each ,forest ,reserve ,revenue ,area in the manner necessary to achieve the annual volume requirement for the ,forest ,reserve ,revenue ,area4 ,the ,secretary is authorized and encouraged to commence covered forest reserve projects as soon as practicable after the date of the enactment of this ,act to begin generating forest reserve revenues4 7b7 ,standards for projects within forest reserve revenue areas ,the ,secretary shall conduct covered forest reserve projects within ,forest ,reserve ,revenue ,areas in accordance with this section1 which shall serve as the sole means by which the ,secretary will comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 and other laws applicable to the covered projects4 7c7 ,environmental analysis process for projects in forest reserve revenue areas 7#a7 ,environmental ,assessment ,the ,secretary shall give published notice and complete an environmental assessment pursuant to section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77 for a covered forest reserve project proposed to be conducted within a ,forest ,reserve ,revenue ,area1 except that the ,secretary is not required to study1 develop1 or describe any alternative to the proposed agency action4 7#b7 ,cumulative effects ,the ,secretary shall consider cumulative effects solely by evaluating the impacts of a proposed covered forest reserve project combined with the impacts of any other projects that were approved with a ,decision ,notice or ,record of ,decision before the date on which the ,secretary published notice of the proposed covered project4 ,the cumulative effects of past projects may be considered in the environmental assessment by using a description of the current environmental conditions4 7#c7 ,length ,the environmental assessment prepared for a proposed covered forest reserve project shall not exceed #ajj pages in length4 ,the ,secretary may incorporate in the environmental assessment1 by reference1 any documents that the ,secretary determines1 in the sole discretion of the ,secretary1 are relevant to the assessment of the environmental effects of the covered project4 7#d7 ,deadline for completion ,the ,secretary shall complete the environmental assessment for a covered forest reserve project within #ahj days after the date on which the ,secretary published notice of the proposed covered project4 7#e7 ,categorical exclusion ,a covered forest reserve project that is proposed in response to a catastrophic event1 is identified within a community wildfire protection plan1 or that covers an area of #aj1jjj acres or less shall be categorically excluded from the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq474 7d7 ,application of land and resource management plan ,a covered forest reserve project shall be implemented consistent with the standards and guidelines contained in the land and resource management plan for the unit of the ,national ,forest ,system in which the covered project will be carried out1 except that-- 7#a7 section #f7;g77#c77;,e77iv7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd7;g77#c77;,e77iv77 shall not apply2 and 7#b7 the ,secretary may comply with section #ad7;g7 of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb7;a77g77 by using designation-by-prescription4 7e7 ,compliance with endangered species act 7#a7 ,non-jeopardy assessment ,if the ,secretary determines that a concern exists that a proposed covered forest reserve project may affect the continued existence of any species listed as endangered or threatened under section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc71 the ,secretary shall issue a determination explaining the view of the ,secretary that the proposed covered project will not jeopardize the continued existence of the species4 7#b7 ,submission1 review1 and response 7,a7 ,submission ,the ,secretary shall submit a determination issued by the ,secretary under paragraph 7#a7 to the ,secretary of the ,interior or the ,secretary of ,commerce1 as appropriate4 7,b7 ,review and response ,within #cj days after receiving a determination under subparagraph 7,a71 the ,secretary of the ,interior or the ,secretary of ,commerce1 as appropriate1 shall provide a written response to the ,secretary concurring in or rejecting the ,secretary's determination4 ,if the ,secretary of the ,interior or the ,secretary of ,commerce rejects the determination1 the written response shall include recommendations for measures that-- 7i7 will avoid the likelihood of jeopardy to1 or adverse modification of the habitat of1 an endangered or threatened species2 7ii7 can be implemented in a manner consistent with the intended purpose of the covered forest reserve project2 7iii7 can be implemented consistent with the scope of the ,secretary's legal authority and jurisdiction2 and 7iv7 are economically and technologically feasible4 7#c7 ,formal consultation ,if the ,secretary of the ,interior or the ,secretary of ,commerce rejects a determination issued by the ,secretary under paragraph 7#a71 the ,secretary of the ,interior or the ,secretary of ,commerce also is required to engage in formal consultation with the ,secretary4 ,the ,secretaries shall complete such consultation pursuant to section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 within #ij days after the submission of the written response under paragraph 7#b74 7f7 ,administrative and judicial review 7#a7 ,administrative review ,administrative review of a covered forest reserve project shall occur only in accordance with the special administrative review process established under section #aje of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feae74 7#b7 ,judicial review 7,a7 ,in general ,judicial review of a covered forest reserve project shall occur in accordance with section #ajf of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaf74 7,b7 ,bond required ,a plaintiff challenging a covered forest reserve project shall be required to post a bond or other security acceptable to the court for the reasonably estimated costs1 expenses1 and attorneys fees of the ,secretary as defendant4 ,all proceedings in the action shall be stayed until the security is given4 ,if the plaintiff has not complied with the order to post such bond or other security within #ij days after the date of service of the order1 then the action shall be dismissed with prejudice4 7,c7 ,recovery ,if the ,secretary prevails in the case1 the ,secretary shall submit to the court a motion for payment of all litigation expenses4 #e4 ,distribution of forest reserve revenues ,forest reserve revenues generated by a covered forest reserve project shall be used by the ,secretary-- 7#a7 to make deposits into the fund established under section #c of the ,act of ,june #i1 #aicj 7#af ,u4,s4,c4 #egf;b2 commonly known as the ,knutson-,vandenberg ,fund7 and the fund established under section #ad7;h7 of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a7h72 commonly known as the salvage sale fund7 in contributions equal to the monies otherwise collected under those ,acts for projects conducted on ,national ,forest ,system land2 and 7#b7 to make #be-percent payments to ,states for the benefit of beneficiary counties4 #f4 ,extension of ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj pending full operation of ,forest ,reserve ,revenue ,areas ,the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaja et seq47 is amended--to be supplied