,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dedi ,,in ,,the ,,house ,,of ,,representatives ,may #a1 #bjad ,mr4 ,duffy introduced the following bill2 which was referred to the ,committee on ,agriculture ,a ,,bill ,to require the ,forest ,service to meet annual volume targets for timber harvesting in the management of a unit of the ,national ,forest ,system and to provide for the transfer of such management responsibility to the ,state in which the unit is located when such targets are not consistently met1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,strong ,forests ,grow ,strong ,communities ,act of #bjad4 #b4 ,definitions ,in this ,act3 7#a7 ,annual volume requirement 7,a7 ,in general ,the term annual volume requirement1 with respect to a unit of the ,national ,forest ,system1 means a volume of national forest materials no less than #ej percent of the sustained yield of the unit4 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 ,appropriate congressional committees ,the term appropriate congressional committees means-- 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 7#c7 ,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#d7 ,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#e7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#f7 ,sustained yield ,the term sustained yield means the maximum annual growth potential of the forest calculated on the basis of the culmination of mean annual increment using cubic measurement4 7#g7 ,state ,the term ,state includes the ,commonwealth of ,puerto ,rico4 #c4 ,annual volume requirement 7a7 ,publication ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary shall publish in the ,federal ,register1 make available on the website of the ,forest ,service1 and submit to the appropriate congressional committees the annual volume requirement for each unit of the ,national ,forest ,system4 7b7 ,revision ,upon publication of the annual volume requirement for a unit of the ,national ,forest ,system under subsection 7a71 the ,secretary may not reduce the annual volume requirement for that unit without the consent of ,congress in a law enacted after the date of the enactment of this ,act4 #d4 ,management of ,national ,forest ,system lands to satisfy annual volume requirements 7a7 ,requirement ,to achieve annual volume requirement ,the ,secretary shall manage the sale of national forest materials in each unit of the ,national ,forest ,system in the manner necessary so that the annual volume requirement for that unit is met each calendar year4 7b7 ,application of land and resource management plan ,the ,secretary may modify the standards and guidelines contained in the land and resource management plan for a unit of the ,national ,forest ,system as necessary so as to meet the annual volume requirement for that unit4 7c7 ,compliance with endangered species act 7#a7 ,non-jeopardy assessment ,if the ,secretary determines that a sale of national forest materials 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 sale is not likely to 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 to an endangered or threatened species2 7ii7 can be implemented in a manner consistent with the intended purpose of the sale2 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 #e4 ,state management of ,national ,forest ,system lands when annual volume requirements are not met 7a7 ,request by state ,to manage unit 7#a7 ,submission of request2 when authorized ,if the ,secretary fails to meet the annual volume requirement for a unit of the ,national ,forest ,system for five calendar years1 whether consecutively or over a longer than five-year period1 the ,state in which the unit is located may submit to the ,secretary a request to enter into a cooperative agreement with the ,secretary for purposes of managing the unit4 7#b7 ,role of political subdivisions ,a ,state that undertakes the management of a unit of the ,national ,forest ,system under this section may conduct such management directly1 through an agreement with a political subdivision of the ,state in which ,national ,forest ,system lands of that unit are located1 or through contracts with third parties4 7#c7 ,treatment of units located in multiple states ,if a unit of the ,national ,forest ,system is located in more than one ,state1 a ,state's request under paragraph 7#a7 shall cover only those ,national ,forest ,system lands of that unit located in that ,state4 7b7 ,approval of request ,not later than #ij days after the date on which the ,secretary receives the request under subsection 7a71 the ,secretary shall approve the request and enter into the cooperative agreement unless the ,secretary determines that-- 7#a7 the ,state has failed to demonstrate that it has sufficient funds to manage the unit of the ,national ,forest ,system for the production of national forest materials2 7#b7 the request is incomplete2 or 7#c7 the proposed cooperative agreement submitted with the request fails to address all of the items specified in subsection 7f74 7c7 ,opportunity ,to amend request 7#a7 ,notice of denial ,if the ,secretary denies a request received under subsection 7a7 on the basis of one or more of the reasons authorized by subsection 7b71 the ,secretary shall provide the ,state with a clear and comprehensive statement of-- 7,a7 the reasons why the request was denied2 and 7,b7 any deficiencies in the request or the related proposed cooperative agreement4 7#b7 ,resubmission ,after receiving a notice from the ,secretary under paragraph 7#a71 a ,state may amend and resubmit the denied request4 7d7 ,request and cooperative agreement deemed approved ,if the ,secretary does not approve or deny a request submitted under subsection 7a7 or 7c77#b7 within the #ij days after receiving the request1 the request and the proposed cooperative agreement submitted with the request shall be deemed approved4 7e7 ,request contents ,a request submitted under subsection 7a7 shall include-- 7#a7 a letter signed by the ,governor of the ,state addressed to the ,secretary that identifies the unit of the ,national ,forest ,system that the ,state will manage for the production of national forest materials2 7#b7 the proposed cooperative agreement for ,state management of the unit2 7#c7 the proposed role of political subdivisions of the ,state in the management of ,national ,forest ,system lands of the unit located within the political subdivisions2 and 7#d7 documentation that demonstrates the ability of the ,state to provide sufficient funds to manage the unit for the duration of the cooperative agreement4 7f7 ,elements of cooperative agreement ,the cooperative agreement entered into by the ,secretary and the ,governor of a ,state for the management of a unit of the ,national ,forest ,system shall address the following3 7#a7 ,the ,state's management of the unit after the effective date of the transfer of management to the ,state for a specified term of years4 7#b7 ,a cost-sharing agreement under which the ,state will provide a certain amount 7equal to not less than #ej percent71 in cash or in-kind1 of the total amount required for the management of the unit4 7#c7 ,the amount to be contributed by the ,state shall be determined by the ,governor of the ,state and the ,secretary1 only after the ,secretary submits to the ,state a categorical assessment of all costs1 in the recent past and anticipated during the duration of the cooperative agreement1 of managing the unit1 including employee salary data4 7#d7 ,in the event of a natural disaster1 as categorized by the ,federal ,emergency ,management ,agency1 the ,state shall assume authority over recovery initiatives 7nullifying any existing established ,federal response protocol7 so that-- 7,a7 the cost of damages to any structure on the unit be shared by both ,state and ,federal entities at a ratio in accordance to the cost-sharing agreement2 and 7,b7 the cost and administration of repair of damages resulting from natural disasters1 not including structures referred to in subparagraph 7,a71 shall be assumed by the ,state rather than the ,federal ,government4 7#e7 ,all revenue accrued from fees1 royalties1 and other revenues related to the unit shall be distributed to the ,state and ,federal entities in accordance to the percentages dictated by the cost-sharing agreement and shall be used so that the percentage of funds designated to the ,federal entity shall be made available to the ,secretary for use at the sole discretion of the ,secretary4 7#f7 ,the procedures to be followed for purposes of the transition from ,federal to ,state management of the unit1 including-- 7,a7 a guarantee that all ,federal employees managing the unit may remain employed without infringement upon their existing conditions of employment2 7,b7 a guarantee that the ,state may use its percentage of the amounts required for the management of the unit to hire additional staff whose terms of employment shall be decided by the ,state2 and 7,c7 authority over the unit shall be directed by the ,state and a ,state-appointed manager1 but the implementation of its directives may include the existing ,federal superintendent concerned and performed in conjunction with ,state employees4 7#g7 ,the transfer to the ,state of any special use permits issued to the ,secretary with respect to the unit4 7#h7 ,a provision stating that lands currently open to mineral entry under the ,act of ,may #aj1 #ahgb 7commonly referred to as the ,general ,mining ,act of #ahgb2 #cj ,u4,s4,c4 #bb et seq471 shall remain open to mineral entry under ,state law unless subsequently changed by a ,state mineral closing order4 7g7 ,applicability of state law on qualifying federal lands under cooperative agreement ,state environmental1 wildlife1 and land management laws shall supercede ,federal environmental1 wildlife1 and land management laws on a unit of the ,national ,forest ,system managed by a ,state under a cooperative agreement in place under this section4 7h7 ,ownership ,notwithstanding ,state management of a unit of the ,national ,forest ,system under a cooperative agreement entered into under this section1 the ,united ,states shall retain all right1 title1 and interest in and to the ,national ,forest ,system lands within the unit4 7i7 ,termination of cooperative agreement ,a cooperative agreement applicable under this section shall terminate1 at the discretion of the ,secretary1 under the following circumstances3 7#a7 ,the ,state defaults on a payment1 thereby requiring ,federal entities to assume responsibility for the financial liabilities4 7#b7 ,the ,state is in substantial breach of the cooperative agreement as determined by a court of the ,united ,states4 7#c7 ,the cooperative agreement terminates under a term contained in that agreement4 #f4 ,annual report 7a7 ,report required ,not later than #fj days after the end of each calendar year1 the ,secretary shall submit to the appropriate congressional committees an annual report specifying-- 7#a7 the annual volume requirement in effect for that calendar year for each unit of the ,national ,forest ,system2 7#b7 the units that did not meet the annual volume requirement2 7#c7 the units under ,state management pursuant to section #e2 7#d7 the volume of board feet actually harvested for each unit2 7#e7 the average cost of preparation for sales of national forest materials2 and 7#f7 the revenues generated from such sales4 7b7 ,form of report ,in addition to submitting each report to ,congress1 the ,secretary shall also make the report available on the website of the ,forest ,service4