,,ii ,calendar ,no4 #djg #aacth ,,congress #b;d ,session ,s4 #acja ,report ,no4 #aac-ahj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #af 7legislative day1 ,july #ae71 #bjac,mr4 ,wyden 7for himself and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,june #b1 #bjad,reported by ,ms4 ,landrieu1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to provide for the restoration of forest landscapes1 protection of old growth forests1 and management of national forests in the eastside forests of the ,state of ,oregon4 #a4 ,short title ,this ,act may be cited as the ,oregon ,eastside ,forests ,restoration1 ,old ,growth ,protection1 and ,jobs ,act of #bjac4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to conserve and restore the eastside ,national ,forests of the ,state2 7#b7 to create an immediate1 predictable1 and increased timber flow to support locally based restoration economies in the communities of the eastside ,national ,forests of the ,state2 7#c7 to make the eastside ,national ,forests of the ,state more resistant and resilient to1 and to mitigate the effects of1 climate change2 7#d7 to protect1 restore1 and increase old-growth forest stands and trees in the eastside ,national ,forests of the ,state2 7#e7 to promote collaboration in the communities of the eastside ,national ,forests of the ,state to respond to critical threats to forest and watershed health and to support natural resource- and restoration-based economies2 7#f7 to prioritize1 strategically target1 and accelerate projects to improve forest health and watershed health in old growth forests located in the eastside ,national ,forests of the ,state2 and 7#g7 to provide the ,secretary1 collaborative groups1 and the public with independent scientific advice for restoring forest health and watershed health in the eastside ,national ,forests of the ,state4 #c4 ,definitions ,in this ,act3 7#a7 ,advisory panel ,the term advisory panel means the ,eastside ,forest ,scientific and ,technical ,advisory ,panel established under section #f7;a74 7#b7 ,collaborative group ,the term collaborative group means a group of individuals that meets the requirements of section #h7;a77#b74 7#c7 ,covered area ,the term covered area means the area selected by the ,secretary under section #d7;a77#a7 that is-- 7,a7 within the ,state2 and 7,b7 not within the area covered by the ,record of ,decision for ,amendments to ,forest ,service and ,bureau of ,land ,management ,planning ,documents ,within the ,range of the ,northern ,spotted ,owl1 dated ,april #aiid4 7#d7 ,decision notice ,the term ,decision ,notice means the decision notice entitled ,decision ,notice for the ,revised ,continuation of ,interim ,management ,direction ,establishing ,riparian1 ,ecosystem and ,wildlife ,standards for ,timber ,sales1 ,united ,states ,forest ,service ,region #f1 ,colville1 ,deschutes1 ,fremont1 ,malheur1 ,ochoco1 ,okanogan1 ,umatilla1 ,wallowa-,whitman and ,winema ,national ,forests in ,oregon and ,washington and approved by the ,pacific ,northwest ,regional ,forester on ,june #f1 #aiie4 7#e7 ,emergency condition ,the term emergency condition means a condition-- 7,a7 that results in an-- 7i7 imminent risk to life or property2 or 7ii7 immediate impairment of the public use and enjoyment of a trail1 road1 highway1 public facility1 or public land2 and 7,b7 with respect to subparagraph 7,a77ii71 the urgency to address the emergency of which outweighs the benefits of full notice and comment4 7#f7 ,forest health ,the term forest health means conditions that enable forested land-- 7,a7 to be durable1 resilient1 and less prone to uncharacteristic wildfire1 insect1 or pathogen outbreaks1 while-- 7i7 supporting ecosystem services and populations of native species2 and 7ii7 allowing for natural disturbances2 7,b7 to maintain or develop species composition1 ecosystem function and structure1 hydrologic function1 and sediment regimes that are within an acceptable range that considers-- 7i7 historic variability2 and 7ii7 anticipated future conditions2 and 7,c7 to be resistant and resilient to uncharacteristic events4 7#g7 ,forest stand ,the term forest stand means a contiguous group of trees that are sufficiently uniform in age-class distribution1 composition1 and structure and that are growing on a site of sufficiently uniform quality to be a distinguishable unit4 7#h7 ,initiative ,the term ,initiative means an initiative established by the ,secretary-- 7,a7 to restore and improve the ecological structure1 composition1 and function and the natural processes of watersheds within the ,national ,forest ,system2 7,b7 to preserve and create local jobs in rural communities that are located in or near ,national ,forest ,system land2 7,c7 to sustain the local wood products infrastructure and community capacity that is necessary for the appropriate management and restoration of ,national ,forest ,system land2 7,d7 to promote cooperation and collaboration in the management of ,national ,forest ,system land2 7,e7 to carry out collaborative projects to restore forest health and watershed health and to reduce the risk of uncharacteristic disturbances from fire1 insects1 and disease to communities1 watersheds1 and natural resources through a collaborative process of planning1 prioritizing1 and implementing ecological restoration1 hazardous fuel reduction1 and other vegetation management projects2 7,f7 to collect information from the projects carried out under this ,act in an effort to better understand the manner in which to improve forest restoration and management activities2 7,g7 that includes all ,national ,forest ,system land within the covered area2 and 7,h7 under which not more than #ae ,national ,forests may be selected to participate4 7#i7 ,inventoried roadless area ,the term inventoried roadless area means #a of the areas identified in the set of inventoried roadless area maps contained in the ,forest ,service ,roadless ,areas ,conservation1 ,final ,environmental ,impact ,statement1 ,volume #b1 dated ,november #bjjj4 7#aj7 ,national forest system ,the term ,national ,forest ,system has the meaning given the term in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a774 7#aa7 ,pilot landscape ,the term pilot landscape means a ,national ,forest entirely within the covered area on which a project is being carried out under section #djjc of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #gcjc7 as of ,january #a1 #bjac4 7#ab7 ,plant association 7,a7 ,in general ,the term plant association means a description of a plant community that-- 7i7 would potentially1 in the absence of a disturbance1 occupy a site2 and 7ii7 may be aggregated into #a or more groups based on similarities in plant species1 composition1 environment1 and productivity4 7,b7 ,inclusion ,the term plant association includes1 with respect to a forested site1 species representing tree1 shrub1 and herbaceous layers4 7#ac7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture 7acting through the ,chief of the ,forest ,service74 7#ad7 ,state ,the term ,state means the ,state of ,oregon4 7#ae7 ,uncharacteristic ,the term uncharacteristic means a wildfire1 insect1 or pathogen outbreak or level of forest fuel1 the severity1 size1 frequency1 or quantity of which exceeds the historic range of variability4 7#af7 ,watershed area ,the term watershed area means #a or more subwatersheds 7also known as #fth code hydrologic units74 7#ag7 ,watershed health ,the term watershed health means landscape conditions that enable riparian and aquatic ecosystems-- 7,a7 to capture1 store1 and release water1 sediment1 wood1 and nutrients2 7,b7 to provide for water temperatures that are within the range of variability of the natural regimes for the processes described in subparagraph 7,a72 and 7,c7 to create and sustain functional riparian1 aquatic1 and wetland habitats that are capable of supporting diverse populations of native aquatic- and riparian-dependent species4 #d4 ,land management 7a7 ,application of the initiative to the covered area 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall select all or part of #a or more ,national ,forests in the ,state as part of the ,initiative4 7#b7 ,term ,the selection under paragraph 7#a7 shall be for a period of #ae years4 7#c7 ,effect ,the provisions of this ,act shall apply to the covered area4 7b7 ,land management goals 7#a7 ,in general ,in the covered area1 the ,secretary shall1 considering the best available science1 seek-- 7,a7 to conserve and restore forest health1 watershed health1 and other ecosystems2 7,b7 to reduce the risk of1 and increase the resistance and resiliency of the land to1 uncharacteristic disturbances2 7,c7 to allow for characteristic natural disturbances2 and 7,d7 to harvest wood to maintain adequate levels of industry infrastructure to accomplish the goals described in subparagraphs 7,a71 7,b71 and 7,c74 7#b7 ,forest management ,to achieve the goals of paragraph 7#a7 in the forested land in the covered area1 the ,secretary shall consider opportunities-- 7,a7 to reduce the basal area in overstocked forest stands2 7,b7 to increase the mean diameter of forest stands2 7,c7 to maintain or create a forest composition that focuses on more fire- and drought-tolerant species2 7,d7 to restore historic levels of within-forest stand spatial heterogeneity2 7,e7 to conserve and restore old growth2 7,f7 to conserve and restore population levels of older trees2 7,g7 to conserve and restore ecologically sustainable forest stands and landscapes to incorporate characteristic forest stand structures and older tree populations2 7,h7 to harvest wood and use the value of merchantable sawlogs and biomass to help offset the cost of improving forest health and watershed health2 7,i7 to restore or maintain sustainable and fire-resilient conditions in perpetuity through active management 7including management through prescribed or wildland fire and mechanical treatments72 7,j7 to restore or maintain ecologically appropriate spatial complexity 7including a range of open to dense forest patches at scales from the forest stand to the landscape72 7,k7 to create nonuniform effects in carrying out vegetation management projects by avoiding extensive areas of uniform treatment1 except for certain treatments 7such as broadcast burns7 that are carried out to enhance the spatial heterogeneity of the forest site2 7,l7 to restore or maintain ecologically appropriate understory plant community composition and condition1 including-- 7i7 by restoring and maintaining native ground cover2 and 7ii7 by reducing the impacts of1 and potential for1 exotic and other invasive species2 and 7,m7 to increase stakeholder participation through collaborative groups4 7c7 ,planning ,to help to achieve the goals described in subsection 7b71 the ,secretary shall use landscape scale planning based on watershed areas as a tool to implement ecological restoration projects in the covered area4 7d7 ,performance goals 7#a7 ,in general ,not later than #fj days after the date on which the ,secretary selects the covered area1 the ,secretary1 in consultation with the relevant collaborative groups1 may establish performance goals1 in addition to the goals that are established by subsection 7b71 that the ,secretary shall seek to achieve consistent with the purposes of this ,act and the goals and opportunities described in subsection 7b7 for the covered area4 7#b7 ,term ,subject to paragraph 7#c71 each performance goal established under paragraph 7#a7 shall be measured annually for a period of #ae years4 7#c7 ,additions ,the ,secretary may develop additional performance goals that the ,secretary determines to be appropriate during the period established by paragraph 7#b74 7#d7 ,prioritization ,subject to the limitations described in section #ab7;c71 the ,secretary shall prioritize the vegetation management and hazardous fuels reduction program activities in the covered area to achieve the performance goals established under this subsection4 7#e7 ,restoration goals 7,a7 ,in general ,within the covered area1 consistent with the goals1 and after considering the opportunities1 described in subsection 7b71 the ,secretary shall1 to the maximum extent practicable1 prepare1 offer1 and promptly implement-- 7i7 projects that-- 7,i7 are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct2 and 7,,ii7 are conducted on-- 7aa7 for the first fiscal year after the date of enactment of this ,act1 not less than #fj1jjj acres2 7bb7 for the subsequent fiscal year1 not less than #hj1jjj acres2 and 7cc7 for each fiscal year thereafter until the fiscal year in which at least #a ecological restoration project for each ,national ,forest is initiated under section #g1 not less than #ajj1jjj acres2 and 7ii7 for each fiscal year after the fiscal year specified in subparagraph clause 7i77,,ii77cc71 an ecological restoration project on each ,national ,forest in the covered area with a gross planning area of not less than #be1jjj acres4 7,b7 ,annual goals 7i7 ,in general ,beginning in the first fiscal year after the date on which at least #a ecological restoration project is initiated for each ,national ,forest under section #h and each fiscal year thereafter until the date on which the ,initiative is completed1 the ,secretary may1 subject to clause 7ii71 set annual acreage performance goals for projects that are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct consistent with the goals1 and after considering the opportunities1 described in subsection 7b74 7ii7 ,considerations ,in setting goals under clause 7i71 the ,secretary shall consider-- 7,i7 any specific recommendations of the advisory panel relating to acreage treatment needs2 and 7,,ii7 advice provided by a collaborative group relating to acreage treatment needs4 7,c7 ,priority for restoration goals ,in seeking to meet the restoration goals established under subparagraph 7,a7 or 7,b71 the ,secretary shall prioritize for treatment-- 7i7 any area located on a pilot landscape2 and 7ii7 any area that has opportunities for reduced planning and implementation costs because of-- 7,i7 opportunities to work with a collaborative group on the project2 or 7,,ii7 opportunities to use non-,federal resources to complete the project4 7e7 ,prohibitions on removal of certain trees 7#a7 ,older trees ,except as provided in paragraph 7#b71 the ,secretary shall prohibit the cutting or removal of any live tree located in the covered area that is #aej years of age or older measured at breast height4 7#b7 ,administrative exceptions 7,a7 ,in general ,the prohibition described in paragraph 7#a7 shall not apply if the ,secretary determines that there is no reasonable alternative to the cutting or removal of the tree to provide for a safe administrative1 public1 or special use4 7,b7 ,notice requirement ,the ,secretary shall provide to the public and each relevant collaborative group notice and an opportunity to comment before making a determination under subparagraph 7,a71 unless the ,secretary determines that the cutting or removal of the tree is necessary to respond to an emergency condition4 7,c7 ,application of decision notice 7i7 ,in general ,subject to clause 7ii71 if the ,secretary1 after considering the recommendations of the relevant collaborative group or the recommendations report issued under section #f7;d71 determines that the prohibition in paragraph 7#a7 is infeasible to implement for a specific vegetation management project1 the ,secretary shall apply the ,decision ,notice with respect to the specific vegetation management project4 7ii7 ,requirement ,in applying the ,decision ,notice to a specific vegetation management project under clause 7i71 the ,secretary may make site-specific forest plan amendments to allow the cutting or removal of live trees greater than #ba inches in diameter at breast height that are younger than #aej years old at breast height1 the cutting or removal of which is necessary to meet the land management goals described in subsection 7b77#a74 7f7 ,limitations on road construction ,in carrying out any vegetation management project in the covered area1 the ,secretary shall-- 7#a7 not construct any permanent road1 unless the ,secretary determines that the road is a justifiable realignment of a permanent road to restore or improve the ecological structure1 composition1 and function and the natural processes of the affected forest or watershed2 and 7#b7 by the earlier of the date on which the vegetation management project is completed or the date that is #a year after the activities for which the road was constructed are complete1 decommission any temporary road constructed to carry out the vegetation management project by-- 7,a7 reestablishing vegetation on the road2 and 7,b7 restoring any natural drainage1 watershed function1 or other ecological processes that are disrupted or adversely impacted by the road1 including by removing or hydrologically disconnecting the road prism4 #e4 ,watershed management 7a7 ,aquatic and riparian resources management 7#a7 ,in general ,within the covered area1 each vegetation management project in an area delineated under subsection 7b7 shall protect and restore the aquatic and riparian-dependent resources of the delineated area4 7#b7 ,effects ,a project described in paragraph 7#a7 may result in short-term negative effects on the aquatic and riparian-dependent resources of the delineated area if the ,secretary determines1 after considering the best available science1 that the project would result in a net improvement to the condition of those resources over the long term4 7b7 ,delineation of areas 7#a7 ,fish-bearing streams ,the ,secretary shall delineate each permanently flowing fishbearing stream and the area extending away from each edge of the active stream channel to include-- 7,a7 the top of the inner gorge2 7,b7 the outer edges of the #ajj-year floodplain2 7,c7 the outer edges of riparian vegetation2 7,d7 a distance equal to the height of #b site-potential trees2 and 7,e7 a slope distance of not less than #cjj feet4 7#b7 ,permanently flowing non-fishbearing streams ,the ,secretary shall delineate each permanently flowing non-fishbearing stream and the area extending away from each edge of the active stream channel to include-- 7,a7 the top of the inner gorge2 7,b7 the outer edges of the #ajj-year flood plain2 7,c7 the outer edges of riparian vegetation2 7,d7 a distance equal to the height of #a site-potential tree2 and 7,e7 a slope distance of not less than #aej feet4 7#c7 ,ponds1 lakes1 reservoirs1 and wetlands larger than #a acre ,the ,secretary shall delineate each pond1 lake1 reservoir1 and wetland larger than #a acre and the area extending away from the high-water edges to include-- 7,a7 the outer edges of the riparian vegetation2 7,b7 the extent of the seasonally saturated soil2 7,c7 the extent of moderately and highly unstable areas2 7,d7 a distance equal to the height of #a site-potential tree2 and 7,e7 a slope distance of-- 7i7 if the area located in a watershed identified as key or priority under the applicable land and resource management plan1 not less than #ajj feet2 or 7ii7 not less than #ej feet4 7#d7 ,intermittent streams1 wetlands less than #a acre1 landslides1 and landslide-prone areas ,the ,secretary shall delineate each wetland smaller than #a acre1 landslide1 landslide-prone area1 intermittent stream channel1 and the area extending away from the edges of the wetland1 landslide1 landslide-prone area1 or intermittent stream channel to include-- 7,a7 the top of the inner gorge2 7,b7 the outer edges of the riparian vegetation2 7,c7 a distance equal to the height of #a site-potential tree2 and 7,d7 a slope distance of-- 7i7 if the area is located in a watershed identified as key or priority under the applicable land and resource management plan1 not less than #ajj feet2 or 7ii7 not less than #ej feet4 7c7 ,aquatic and riparian protection 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary shall comply with the aquatic and riparian protection requirements of the applicable land and resource management plan in existence on the date of enactment of this ,act in carrying out each vegetation management project in the covered area4 7#b7 ,modifications ,the ,secretary may modify the aquatic and riparian protection requirements described in paragraph 7#a7 if the ,secretary determines1 after considering the best available science1 that the modifications would meet or exceed the goals of the aquatic and riparian protection requirements4 #f4 ,eastside forest scientific and technical advisory panel 7a7 ,in general ,not later than #ij days after the date on which the ,secretary selects the covered area1 the ,secretary shall establish an advisory panel-- 7#a7 to be known as the ,eastside ,forest ,scientific and ,technical ,advisory ,panel2 and 7#b7 to advise the ,secretary1 collaborative groups1 and the public regarding the development and implementation of-- 7,a7 goals to improve forest health1 watershed health1 and related social and economic goals in the covered area2 and 7,b7 projects needed to accomplish the purposes of this ,act4 7b7 ,composition ,the advisory panel shall be composed of #i members1 each of whom shall have expertise in #a or more of the following3 7#a7 ,silviculture4 7#b7 ,timber economics4 7#c7 ,road and logging engineering4 7#d7 ,soil science and geology4 7#e7 ,ecosystem services or natural resources economics4 7#f7 ,community economics or ecosystem workforce development4 7#g7 ,forest ecology4 7#h7 ,aquatic and riparian ecology4 7#i7 ,wildlife ecology4 7#aj7 ,fish ,ecology4 7#aa7 ,ecological restoration4 7#ab7 ,invasive species control and eradication4 7#ac7 ,wildland fire4 7#ad7 ,hydrology4 7#ae7 ,forest carbon life-cycle and sequestration4 7#af7 ,social science4 7c7 ,appointments ,the ,secretary shall-- 7#a7 ensure that the advisory panel includes experts in a broad array of the fields described in subsection 7b72 and 7#b7 give consideration to the recommendations of institutions of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7771 professional societies1 and other interested organizations and persons4 7d7 ,duties 7#a7 ,recommendations report 7,a7 ,in general ,not later than #ahj days after the date on which the ,secretary appoints the members of the advisory panel1 the advisory panel1 after considering the best available science and information1 shall submit to the ,secretary and make available to the public a report that contains recommendations regarding the manner by which the ,secretary may best achieve the purposes and goals and consider the opportunities described in section #d7;b74 7,b7 ,requirements ,the report shall provide recommendations based on the best available science-- 7i7 for the size and scope of projects needed to accomplish the goals and consider the opportunities described in section #d7;b72 7ii7 for increasing local capacity to accomplish the goals and consider the opportunities described in section #d7;b72 7iii7 for hydrologically and ecologically restoring land and water by-- 7,i7 decommissioning unnecessary and undesirable roads2 and 7,,ii7 reducing the environmental impact of necessary and desirable roads2 and 7iv7 for each relevant plant association group-- 7,i7 for protecting and restoring terrestrial1 aquatic1 riparian1 wildlife1 fish1 vegetation1 soil1 carbon1 and other resources2 7,,ii7 for the types of activities necessary and desirable to restore forest health and watershed health 7including thinning1 prescribed1 and natural fire1 and other appropriate activities72 7,,iii7 for cases in which the cutting or removal of trees described in section #d7;e77#a7 would generally be considered to be ecologically appropriate2 and 7,,iv7 for cases in which the cutting or removal of trees described in section #d7;e77#b77;,c7 would generally be considered to be ecologically appropriate4 7,c7 ,administration 7i7 ,in general ,to the maximum extent practicable1 the advisory panel shall achieve a consensus with respect to each recommendation included in the report4 7ii7 ,inclusion of dissenting opinions ,if the advisory panel fails to achieve a consensus with respect to any recommendation included in the report1 the report shall include each dissenting opinion relating to the recommendation4 7#b7 ,review report ,not later than #e years after the date on which the ,secretary appoints the members of the advisory panel1 the advisory panel shall submit to the ,secretary and make available to the public a report providing-- 7,a7 a quantitative and qualitative assessment of the status of1 and changes to1 forest health and watershed health in the covered area1 including the resiliency1 aquatic function1 and plant composition1 structure1 and function2 and 7,b7 an assessment of the implementation of the recommendations made under paragraph 7#a74 #g4 ,ecological restoration projects 7a7 ,in general ,as soon as practicable after the date on which the ,secretary selects the covered area1 the ,secretary shall1 considering the opportunities described in section #d7;b77#b71 implement ecological restoration projects in the covered area to further the goals described in section #d7;b74 7b7 ,landscape-,scale projects ,subject to the availability of appropriations in accordance with section #ab1 the ,secretary shall1 to the maximum extent practicable1 implement #a or more ecological restoration projects with a gross planning area of #ej1jjj acres for each ,national ,forest in the covered area that provide landscape-scale work within a watershed area not later than #c years after the date on which the ,secretary selects the covered area4 7c7 ,requirements ,in developing and implementing ecological restoration projects under this section1 the ,secretary shall consider-- 7#a7 the best available science and data2 7#b7 the recommendations of the advisory panel2 and 7#c7 the views of the relevant collaborative groups4 7d7 ,net road reduction ,in developing ecological restoration projects under this ,act1 the ,secretary shall examine opportunities for1 and achieve1 a net reduction in the permanent road system to improve forest and watershed health to the maximum extent practicable4 7e7 ,prioritization 7#a7 ,in general ,the ,secretary shall prioritize ecological restoration projects in the covered area considering the requirements in subsection 7c7 and based on the degree to which the ecological restoration projects would improve forest health and watershed health1 based on-- 7,a7 dry and moist forest plant association groups2 and 7,b7 the need to sustain adequate levels of industry infrastructure to accomplish the goals described in section #d7;b74 7#b7 ,inclusions ,in carrying out this section1 the types of projects the ,secretary shall consider to be priority projects include projects that-- 7,a7 reduce the risk of1 and increase the resistance and resiliency of the land to1 uncharacteristic disturbances1 particularly if critical components or values are at risk1 including-- 7i7 communities located in the wildland-urban interface 7as defined in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa772 and 7ii7 valuable forest structures 7including old growth and older mature trees72 7,b7 restore the structure and composition of forest stands at a high or moderate departure from the historic range of variability2 7,c7 accelerate the development of complex forest structure in a young forest that has been simplified through past management1 such as by-- 7i7 creating spatial heterogeneity 7including the creation of skips and gaps7 using mechanical treatments to create wildlife habitat2 and 7ii7 retaining biological legacies 7including large standing1 downed1 live1 and dead trees72 7,d7 assist in the implementation of community wildfire protection plans developed by at-risk communities 7as those terms are defined in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa772 7,e7 use the value of merchantable sawlogs and biomass to help offset the cost of ecological restoration projects2 7,f7 meet local and rural community needs through a source that is selected on a best-value basis2 and 7,g7 reduce the permanent road system to improve forest health and watershed health4 #h4 ,collaboration 7a7 ,collaborative groups 7#a7 ,in general ,to assist in the development of the projects needed to accomplish the purposes of this ,act in the covered area1 the ,secretary shall consult with1 and consider the recommendations of1 any collaborative group that meets the criteria described in paragraph 7#b74 7#b7 ,collaborative groups ,a collaborative group under paragraph 7#a7 means a group that-- 7,a7 is interested in the implementation of this ,act2 7,b7 includes multiple individuals representing diverse interests that include-- 7i7 environmental organizations2 7ii7 timber and forest products industry representatives2 and 7iii7 county governments2 7,c7 operates-- 7i7 in a transparent and nonexclusive manner2 and 7ii7 by consensus or in accordance with voting procedures to ensure a high degree of agreement among participants and across various interests2 and 7,d7 requires a level of participation sufficient to ensure that members of the collaborative group are adequately informed before each decision4 7b7 ,multiparty monitoring ,the ,secretary1 in consultation with the relevant collaborative groups1 may develop a multiparty monitoring plan for any vegetation management project carried out under this ,act4 #i4 ,large scale environmental impact statement 7a7 ,congressional finding ,congress finds that it is expected that the environmental impact statement described in subsection 7b7 would be adequate to support the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for projects implemented under this section1 as documented in subsequent agency decision documents4 7b7 ,requirements ,the ,secretary shall prepare a large scale environmental impact statement that is adequate under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 to support a record of decision for vegetation management projects under this section in ,national ,forests in the eastern part of the ,state for projects-- 7#a7 that are located wholly in dry ponderosa pine and dry mixed conifer forests types2 7#b7 that are located on a pilot landscape2 7#c7 that are endorsed by or the product of a collaborative group2 and 7#d7 no portion of which are located in an inventoried roadless area4 7c7 ,completion date ,the ,secretary shall complete the record of decision for the large scale environmental impact statement under subsection 7b7 not later than #a year after the date of enactment of this ,act4 7d7 ,timeliness ,any legal challenge to the environmental impact statement and record of decision under this section shall be filed not later than #abj days after the record of decision is signed by the ,secretary4 #aj4 ,cooperative partnership 7a7 ,forest planning ,section #cbg7;b77#b7 of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiif 7#af ,u4,s4,c4 #afaa note2 ,public ,law #ajd-acd7 is amended by inserting after may include the following3 expenditures for forest planning activities necessary for timber sales for projects that are on a pilot landscape 7as defined in section #c of the ,oregon ,eastside ,forests ,restoration1 ,old ,growth ,protection1 and ,jobs ,act of #bjac7 and 4 7b7 ,cooperative forest innovation partnership projects ,section #ac;,b of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baji;b7 is amended by adding at the end the following3 7d7 ,regulations ,not later than #ij days after the date of enactment of the ,oregon ,eastside ,forests ,restoration1 ,old ,growth ,protection1 and ,jobs ,act of #bjac1 the ,secretary shall promulgate regulations to implement the authority of the ,secretary under that ,act4 7e7 ,cooperation with ,state governments 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,oregon ,eastside ,forests ,restoration1 ,old ,growth ,protection1 and ,jobs ,act of #bjac1 the ,secretary shall carry out a project to support the ability of the ,department of ,agriculture to address the restoration of forests in cooperation with ,states4 7#b7 ,eligible areas ,a project under paragraph 7#a7 may be carried out on a pilot landscape 7as defined in section #c of the ,oregon ,eastside ,forests ,restoration1 ,old ,growth ,protection1 and ,jobs ,act of #bjac74 7#c7 ,funding ,the ,secretary shall use not more than #e percent of the funds for the ,forest ,health-,federal ,lands budget line item made available under the ,state and ,private ,forestry appropriation to pay not more than #ej percent of the total cost of carrying out a project under paragraph 7#a74 4 #aa4 ,administration 7a7 ,effect ,nothing in this ,act affects-- 7#a7 any right described in a treaty between an ,indian tribe and the ,united ,states2 or 7#b7 any biological opinion1 including any opinion associated with the aquatic and riparian protection requirements of applicable land and resource management plans4 7b7 ,no retroactive effect during transition 7#a7 ,vegetation management projects ,the provisions of this ,act shall not apply to a vegetation management project that is-- 7,a7 initiated1 either through a scoping notice or a notice of intent1 more than #ahj days before the date on which the ,secretary selects the covered area under section #d7;a77#a72 or 7,b7 approved or under contract before the date on which the ,secretary selects the covered area under section #d7;a77#a74 7#b7 ,recommendations report ,the completion of the ,eastside ,scientific and ,technical ,advisory ,panel recommendations report shall not automatically compel an amendment or revision of any vegetation management project initiated1 approved1 or under contract before the date on which the recommendations report is completed4 7#c7 ,forest plans ,the completion of the ,eastside ,scientific and ,technical ,advisory ,panel recommendations report shall not automatically compel an amendment or revision of any existing forest plan4 7c7 ,applicable law ,the ,secretary shall carry out this ,act in accordance with applicable law 7including regulations74 7d7 ,principal agency contact 7#a7 ,selection ,the ,secretary shall select a principal agency contact for the implementation of this ,act4 7#b7 ,duties ,the principal agency contact shall-- 7,a7 serve as the point-of-contact for the advisory panel2 and 7,b7 facilitate communications among-- 7i7 the advisory panel2 7ii7 collaborative groups2 7iii7 employees of the ,forest ,service2 and 7iv7 any other stakeholders 7including the public74 7e7 ,reporting 7#a7 ,in general ,the ,secretary shall prepare a report on the implementation of this ,act-- 7,a7 not later than #e years after the date on which the ,secretary selects the covered area2 and 7,b7 #b years before the date referred to in subsection 7e77#a74 7#b7 ,contents ,the reports required under paragraph 7#a7 shall1 for each ,national ,forest in the covered area1 assess the progress toward accomplishing-- 7,a7 the purposes of this ,act2 and 7,b7 the performance goals established under section #d7;d74 7f7 ,termination of authority 7#a7 ,in general ,the authorities under this ,act 7other than the authorities under sections #d7;e7 and #e7;c77 shall terminate on the date that is #ae years after the date of enactment of this ,act4 7#b7 ,effect ,nothing in this subsection affects a valid contract in effect on the date described in paragraph 7#a74 #ab4 ,authorization of appropriations 7a7 ,in general ,subject to subsection 7c71 there is authorized to be appropriated #ej1jjj1jjj to carry out this ,act1 to remain available until expended4 7b7 ,use ,any amounts appropriated to the ,secretary under subsection 7a7 may be used to support implementation of any cost-sharing authorities provided by this ,act4 7c7 ,limitation ,amounts expended to carry out provisions of this ,act that are not subject to a cost-sharing requirement shall not reduce the allocations of appropriated funds to the ,secretary for use in-- 7#a7 other ,national ,forests not included in the covered area2 7#b7 other ,states2 or 7#c7 other ,regions of the ,forest ,service4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,oregon ,eastside ,forests ,restoration1 ,old ,growth ,protection1 and ,jobs ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,forest restoration1 old growth protection1 and jobs,sec4 #aja4 ,definitions4,sec4 #ajb4 ,forest management4,sec4 #ajc4 ,restoration goals4,sec4 #ajd4 ,aquatic and riparian resources management4,sec4 #aje4 ,eastside ,forest ,scientific and ,technical ,advisory ,panel4,sec4 #ajf4 ,ecological restoration projects4,sec4 #ajg4 ,collaboration4,sec4 #ajh4 ,large-scale environmental impact statement4,sec4 #aji4 ,administration4,sec4 #aaj4 ,authorization of appropriations4,,title ,,ii--,cooperative partnership funding,sec4 #bja4 ,forest planning4,sec4 #bjb4 ,cooperative forest innovation partnership projects4 ,i ,forest restoration1 old growth protection1 and jobs #aja4 ,definitions ,in this title3 7#a7 ,advisory panel ,the term advisory panel means the ,eastside ,forest ,scientific and ,technical ,advisory ,panel established under section #aje7;a74 7#b7 ,collaborative group ,the term collaborative group means a group of individuals that meets the requirements of section #ajg7;b74 7#c7 ,covered area ,the term covered area means the national forests within the ,state that are not within the area covered by the document entitled ,record of ,decision for ,amendments to ,forest ,service and ,bureau of ,land ,management ,planning ,documents ,within the ,range of the ,northern ,spotted ,owl and dated ,april #aiid4 7#d7 ,forest health ,the term forest health means conditions that enable a forest to be resistant and resilient to disturbance events and to support natural ecosystem and hydrologic processes1 functions1 and structures1 including viable populations of native wildlife and ecosystem services4 7#e7 ,inventoried roadless area ,the term inventoried roadless area means #a of the areas identified in the set of inventoried roadless area maps contained in the document entitled ,forest ,service ,roadless ,areas ,conservation1 ,final ,environmental ,impact ,statement1 ,volume #b and dated ,november #bjjj4 7#f7 ,national ,forest ,system ,the term ,national ,forest ,system has the meaning given the term in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a774 7#g7 ,plant association group 7,a7 ,in general ,the term plant association group means a description of a plant community that-- 7i7 would potentially1 in the absence of a disturbance1 occupy a site2 and 7ii7 may be aggregated into #a or more groups based on similarities in plant species1 composition1 environment1 and productivity4 7,b7 ,inclusion ,the term plant association group includes1 with respect to a forested site1 species representing tree1 shrub1 and herbaceous layers4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture 7acting through the ,chief of the ,forest ,service74 7#i7 ,spatial heterogeneity ,the term spatial heterogeneity means trees and other structural elements of the forest landscape that have a nonuniform1 diversely clustered spatial arrangement4 7#aj7 ,state ,the term ,state means the ,state of ,oregon4 7#aa7 ,vegetation management project 7,a7 ,in general ,the term vegetation management project means a project involving activities that manipulate vegetation4 7,b7 ,inclusions ,the term vegetation management project includes-- 7i7 ecological restoration or fuel reduction projects2 7ii7 harvesting timber2 7iii7 prescribed burning2 and 7iv7 thinning trees1 brush1 weeds1 or grass4 7#ab7 ,watershed area ,the term watershed area means #a or more subwatersheds 7also known as #fth code hydrologic units74 7#ac7 ,watershed health ,the term watershed health means the range of landscape conditions that enable riparian1 aquatic1 and wetland ecosystems to create and sustain functional habitats capable of supporting diverse populations of native aquatic- and riparian-dependent species4 #ajb4 ,forest management 7a7 ,application ,the ,secretary shall implement this title in the covered area during the #ae-year period beginning on the date of enactment of this ,act4 7b7 ,land management goals 7#a7 ,in general ,taking into consideration the best available science1 the ,secretary shall seek in the covered area-- 7,a7 to conserve and restore forest and watershed health2 7,b7 to reduce the risk of1 and increase the resistance and resiliency of the land to1 uncharacteristic disturbances2 7,c7 to allow for characteristic natural disturbances2 and 7,d7 to harvest wood to maintain the appropriate scale of industry infrastructure to accomplish the goals described in subparagraphs 7,a71 7,b71 and 7,c74 7#b7 ,forest management ,to achieve the goals of paragraph 7#a7 in the forested land in the covered area1 the ,secretary shall consider opportunities-- 7,a7 to reduce the basal area in overstocked forest stands2 7,b7 to increase the mean diameter of forest stands2 7,c7 to maintain or create a forest composition that focuses on more fire- and drought-tolerant species2 7,d7 to restore historic levels of within-forest stand spatial heterogeneity2 7,e7 to conserve and restore old growth2 7,f7 to conserve and restore population levels of older trees2 7,g7 to conserve and restore ecologically sustainable forest stands and landscapes to incorporate characteristic forest stand structures and older tree populations2 7,h7 to harvest wood and use the value of merchantable sawlogs and biomass to help offset the cost of improving forest health and watershed health2 7,i7 to restore or maintain sustainable and fire-resilient conditions in perpetuity through active management 7including management through prescribed or wildland fire and mechanical treatments72 7,j7 to restore or maintain ecologically appropriate spatial complexity 7including a range of open to dense forest patches at scales from the forest stand to the landscape72 7,k7 to conduct vegetation management projects that create an uneven-aged mosaic of isolated individual trees1 clumps of trees1 and openings to enhance the spatial heterogeneity of the forest landscape2 7,l7 to restore or maintain understory plant communities that reflect a composition and condition that is appropriate for the forest type1 including native ground cover and limiting exotic and invasive species2 7,m7 to increase stakeholder participation through collaborative groups2 and 7,n7 to restore and maintain the historic complement of aspen1 willows1 and other native hardwoods in riparian and upland ecosystems1 including by-- 7i7 removing conifers that have invaded hardwood sites and overtopped hardwoods or have invaded wet and dry meadow systems2 7ii7 restoring fire to hardwood ecosystems2 and 7iii7 creating barriers around hardwood sites to reduce ungulate pressure4 7c7 ,planning ,to achieve the goals described in subsection 7b71 the ,secretary shall-- 7#a7 use landscape-scale planning based on watershed boundaries as a tool to implement vegetation management and ecological restoration projects in the covered area2 and 7#b7 seek to achieve planning and implementation efficiencies on projects carried out under this title by working with-- 7,a7 the relevant collaborative group2 7,b7 the advisory panel2 and 7,c7 other partners4 7d7 ,older tree retention 7#a7 ,in general ,in developing and implementing any project in the covered area1 the ,secretary shall-- 7,a7 identify1 based on the protocols developed under paragraph 7#b71 trees that are #aej years of age or older1 as measured at breast height2 and 7,b7 retain the trees described in subparagraph 7,a74 7#b7 ,protocol ,the ,secretary1 in collaboration with the advisory panel1 based on the best available science1 shall develop protocols for identifying trees that are #aej years of age or older1 as measured at breast height4 7#c7 ,exceptions 7,a7 ,in general ,the retention objectives described in paragraph 7#a77;,b7 shall not apply if the ,secretary determines that #a of the following applies3 7i7 ,administrative exceptions ,there is no reasonable alternative to the cutting or removal of trees that are #aej years of age or older1 as measured at breast height1 to provide for public safety1 administrative necessity1 or special uses1 such as rights of way4 7ii7 ,restoration project exceptions ,the ,secretary determines that the cutting or removal of trees that are #aej years of age or older1 as measured at breast height1 is needed to help implement and fund restoration projects1 subject to the conditions that-- 7,i7 no tree that is #bjj years of age or older1 as measured at breast height1 may be cut2 7,,ii7 only as many trees as are needed to fund restoration work that protects and enhances the resiliency of trees that are #bjj years of age or older1 as measured at breast height1 may be cut2 7,,iii7 the removal of trees that are #aej years of age or older1 as measured at breast height1 and less than #bjj years of age1 as measured at breast height1 shall not exceed #ej percent of the population of those trees in the project area2 and 7,,iv7 there would be sufficient old-growth tree replacements remaining in the project area4 7,b7 ,notice requirement ,the ,secretary shall provide to the public and collaborative groups notice and an opportunity to comment before making a determination under subparagraph 7,a71 unless the ,secretary determines that the cutting or removal of the tree is necessary to respond to an emergency condition4 7#d7 ,application ,the retention requirements of this subsection shall not-- 7,a7 apply to any other forests in the ,national ,forest ,system outside of the covered area2 or 7,b7 establish a precedent for setting age limits on trees that may be cut on any ,national ,forest ,system land4 7e7 ,limitations on road construction ,in carrying out any vegetation management project in the covered area1 the ,secretary-- 7#a7 shall not construct any permanent road1 unless the ,secretary determines that the road is a justifiable realignment of a permanent road to restore or improve the ecological structure1 composition1 and function and the natural processes of the affected forest or watershed2 and 7#b7 by the earlier of the date on which the vegetation management project is completed and the date that is #a year after the activities for which the road was constructed are complete1 shall decommission any temporary road constructed to carry out the vegetation management project4 7f7 ,monitoring and adaptive management ,in carrying out this title1 the ,secretary-- 7#a7 shall ensure that the projects developed pursuant to this title include monitoring to inform an assessment of the effectiveness of treatments and adaptive management of future projects2 and 7#b7 in consultation with the relevant collaborative groups1 may develop for a vegetation management project carried out under this title a multiparty monitoring plan1 which shall take into consideration the recommendations of the advisory panel4 #ajc4 ,restoration goals 7a7 ,performance goals 7#a7 ,in general ,not later than #fj days after the date on which the ,secretary selects the covered area1 the ,secretary1 in consultation with the relevant collaborative groups1 may establish performance objectives1 in addition to the goals established by section #ajb7;b71 which the ,secretary shall seek to achieve for the covered area1 consistent with those goals and the purposes of this title4 7#b7 ,term ,subject to paragraph 7#d71 each performance goal established under paragraph 7#a7 shall be measured annually for a period of #ae years4 7#c7 ,additions ,the ,secretary may develop additional performance goals that the ,secretary determines to be appropriate during the period established by paragraph 7#b74 7#d7 ,prioritization ,subject to the limitations described in section #aaj7;c71 the ,secretary shall prioritize the vegetation management project and hazardous fuels reduction program activities in the covered area to achieve the performance goals established under this subsection4 7b7 ,restoration goals 7#a7 ,in general ,within the covered area1 consistent with the goals1 and after considering the opportunities1 described in subsection 7a71 the ,secretary shall1 to the maximum extent practicable1 prepare1 offer1 and promptly implement-- 7,a7 projects that-- 7i7 are predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct2 and 7ii7 are conducted on-- 7,i7 for the first fiscal year after the date of enactment of this ,act1 not less than #fj1jjj acres2 7,,ii7 for the subsequent fiscal year1 not less than #hj1jjj acres2 and 7,,iii7 for each fiscal year thereafter until the fiscal year in which at least #a ecological restoration project for each ,national ,forest is initiated under section #ajf1 not less than #ajj1jjj acres2 and 7,b7 for each fiscal year after the fiscal year specified in subparagraph 7,a77ii77,,iii71 an ecological restoration project on each ,national ,forest in the covered area with a gross planning area of not less than #be1jjj acres4 7#b7 ,annual goals 7,a7 ,in general ,beginning in the first fiscal year after the date on which at least #a ecological restoration project is initiated for each ,national ,forest under section #ajf and each fiscal year thereafter until the date on which the project is completed1 the ,secretary may establish1 subject to subparagraph 7,b71 annual acreage performance goals for each project that is predominantly comprised of mechanical treatment in the covered area that emphasize sawtimber as a byproduct consistent with the goals1 and after considering the opportunities1 described in subsection 7b74 7,b7 ,considerations ,in establishing the goals under subparagraph 7,a71 the ,secretary shall take into consideration-- 7i7 any specific recommendations of the advisory panel relating to acreage treatment needs2 and 7ii7 advice provided by a collaborative group relating to acreage treatment needs4 7#c7 ,priority for restoration goals ,in seeking to meet the restoration goals established under paragraph 7#b71 the ,secretary shall prioritize for treatment any area that has opportunities for reduced planning and implementation costs because of-- 7,a7 opportunities to work with a collaborative group on the project2 or 7,b7 opportunities to use non-,federal resources to complete the project4 #ajd4 ,aquatic and riparian resources management 7a7 ,primary focus ,the primary focus of aquatic and riparian protection activities in the covered area shall be to protect1 maintain1 and restore natural ecological functions and processes beneficial to water quality and quantity1 including temperature and turbidity1 native fish and wildlife1 and watershed resilience4 7b7 ,desired watershed conditions ,desired watershed conditions shall include maintaining or enhancing riparian processes and conditions1 including stable slopes1 wood and nutrient delivery to aquatic and terrestrial systems1 stream shade1 microclimate1 water quantity1 and water quality1 to ensure that the watersheds-- 7#a7 operate consistently with local disturbance regimes2 and 7#b7 support native flora and fauna4 7c7 ,strategy ,the ,secretary shall-- 7#a7 develop an aquatic and riparian conservation strategy that incorporates-- 7,a7 riparian management areas2 7,b7 key watersheds2 7,c7 watershed analysis2 7,d7 watershed restoration2 and 7,e7 monitoring2 and 7#b7 use as the basis for watershed1 aquatic1 and riparian ecosystem management and restoration the interaction of the elements described in paragraph 7#a7 at the watershed or landscape scale4 7d7 ,modifications ,the ,secretary may modify the aquatic and riparian protection standards under subsection 7a7 if the ,secretary determines1 taking into consideration the best available science1 that the modifications would meet or exceed the goals and standards of the aquatic and riparian protection requirements of subsection 7e74 7e7 ,requirement ,the management activities carried out within the covered area shall not retard or prevent the attainment of-- 7#a7 the aquatic1 riparian1 and watershed goals described in this section2 and 7#b7 the goals of applicable resource management plans1 biological opinions1 and water quality standards in effect on the date of enactment of this ,act4 #aje4 ,eastside ,forest ,scientific and ,technical ,advisory ,panel 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall establish an advisory panel1 to be known as the ,eastside ,forest ,scientific and ,technical ,advisory ,panel1 to advise the ,secretary1 collaborative groups1 and the public regarding the development and implementation of-- 7#a7 goals and performance measures to improve forest health1 watershed health1 and related social and economic goals in the covered area2 and 7#b7 projects needed to accomplish the goals of this title4 7b7 ,composition ,the advisory panel shall be composed of #i members1 each of whom shall have expertise in #a or more of the following3 7#a7 ,silviculture4 7#b7 ,timber economics4 7#c7 ,road and logging engineering4 7#d7 ,soil science and geology4 7#e7 ,ecosystem services or natural resources economics4 7#f7 ,community economics or ecosystem workforce development4 7#g7 ,forest ecology4 7#h7 ,aquatic and riparian ecology4 7#i7 ,wildlife ecology4 7#aj7 ,fish ecology4 7#aa7 ,ecological restoration4 7#ab7 ,invasive species control and eradication4 7#ac7 ,wildland fire4 7#ad7 ,hydrology4 7#ae7 ,forest carbon lifecycle and sequestration4 7#af7 ,social science4 7c7 ,appointments ,the ,secretary shall-- 7#a7 ensure that the advisory panel includes experts in a broad array of the fields described in subsection 7b72 and 7#b7 give consideration to the recommendations of institutions of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a771 professional societies1 and other interested organizations and individuals4 7d7 ,duties 7#a7 ,recommendations report 7,a7 ,in general ,not later than #ahj days after the date on which the ,secretary appoints the members of the advisory panel1 the advisory panel1 taking into consideration the best available science and information1 shall submit to the ,secretary1 who shall make available to the public a report that contains recommendations regarding the manner by which the ,secretary can best achieve the purposes and goals1 and consider the opportunities1 described in section #ajb7;b74 7,b7 ,requirements ,the report under subparagraph 7,a7 shall provide recommendations based on the best available science regarding-- 7i7 the size and scope of projects needed to accomplish the goals and consider the opportunities described in section #ajb7;b72 7ii7 increasing local capacity to accomplish the goals and consider the opportunities described in section #ajb7;b72 7iii7 hydrologically and ecologically restoring land and water by-- 7,i7 decommissioning unnecessary and undesirable roads2 and 7,,ii7 reducing the environmental impact of necessary and desirable roads2 and 7iv7 actions for each relevant plant association group1 taking into account current or future potential vegetation and soil types that-- 7,i7 protect and restore terrestrial1 aquatic1 riparian1 wildlife1 fish1 vegetation1 soil1 carbon1 and other resources2 and 7,,ii7 would be necessary and desirable to restore forest health and watershed health 7including thinning1 prescribed1 and natural fire and other appropriate activities72 and 7v7 monitoring protocols to evaluate the success of the vegetation management projects and ecological restoration projects on the covered area in meeting the goals and objectives of this title4 7,c7 ,administration 7i7 ,in general ,to the maximum extent practicable1 the advisory panel shall achieve a consensus with respect to each recommendation included in the report under this paragraph4 7ii7 ,inclusion of dissenting opinions ,if the advisory panel fails to achieve a consensus with respect to any recommendation included in the report under this paragraph1 the report shall include each dissenting opinion relating to the recommendation4 7#b7 ,review report ,not later than #e years after the date on which the ,secretary appoints the members of the advisory panel1 the advisory panel shall submit to the ,secretary and make available to the public a report providing-- 7,a7 a quantitative and qualitative assessment of the status of1 and changes to1 forest health and watershed health in the covered area1 including the resiliency1 aquatic function1 and plant composition1 structure1 and function2 and 7,b7 an assessment of the implementation of the recommendations made under paragraph 7#a74 #ajf4 ,ecological restoration projects 7a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall implement1 taking into consideration the annual goals described in section #ajc7;b77#b71 ecological restoration projects in the covered area to support the land management goals described in section #ajb7;b74 7b7 ,landscape-scale projects ,subject to the availability of appropriations under section #aaj1 the ,secretary shall implement1 to the maximum extent practicable1 #a or more ecological restoration projects with a gross planning area of #ej1jjj acres for each ,national ,forest in the covered area that provide landscape-scale work within a watershed area by not later than #c years after the date on which the ,secretary selects the covered area4 7c7 ,criteria ,in developing and implementing ecological restoration projects under this section1 the ,secretary shall consider-- 7#a7 the best available science and data2 7#b7 the recommendations of the advisory panel2 7#c7 the views of collaborative groups2 and 7#d7 dry and moist forest plant association groups4 7d7 ,net road reduction ,in developing ecological restoration projects under this section1 the ,secretary shall examine opportunities for1 and achieve1 a net reduction in the permanent road system to improve forest and watershed health1 to the maximum extent practicable4 7e7 ,prioritization 7#a7 ,in general ,the ,secretary shall prioritize ecological restoration projects in the covered area1 taking into consideration-- 7,a7 the criteria described in subsection 7c72 and 7,b7 the degree to which the ecological restoration projects would improve forest health and watershed health4 7#b7 ,priorities ,in selecting and planning ecological restoration projects1 the ,secretary shall prioritize projects that-- 7,a7 reduce the risk of1 and increase the resistance and resiliency of the land to1 uncharacteristic disturbances1 particularly if critical components or values are at risk1 including-- 7i7 communities located in the wildland-urban interface 7as defined in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa772 and 7ii7 valuable forest structures 7including old growth and older mature trees72 7,b7 restore the structure and composition of forest stands at a high or moderate departure from the historic range of variability2 7,c7 sustain the appropriate scale of industry infrastructure to accomplish the goals described in section #ajb7;b72 7,d7 accelerate the development of complex forest structure in a young forest that has been simplified through past management1 such as by-- 7i7 creating spatial heterogeneity 7including the creation of skips and gaps7 using mechanical treatments to create wildlife habitat2 and 7ii7 retaining biological legacies 7including large standing1 downed1 live1 and dead trees72 7,e7 assist in the implementation of community wildfire protection plans developed by at-risk communities 7as those terms are defined in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa772 7,f7 use the value of merchantable sawlogs and biomass to help offset the cost of ecological restoration projects2 7,g7 meet local and rural community needs through a source that is selected on a best-value basis2 7,h7 reduce the permanent road system to improve forest health and watershed health2 and 7,i7 help recover aspen1 willows1 and other native hardwoods in riparian and upland ecosystems4 #ajg4 ,collaboration 7a7 ,in general ,to assist in the development of the projects needed to accomplish the purposes of this title in the covered area1 the ,secretary shall consult with1 and consider the recommendations of1 any collaborative group that meets the criteria described in subsection 7b74 7b7 ,criteria ,a collaborative group referred to in subsection 7a7 is a group that-- 7#a7 is interested in the implementation of this title2 7#b7 includes multiple individuals representing diverse interests1 including-- 7,a7 environmental organizations2 7,b7 timber and forest products industry representatives2 and 7,c7 county governments2 7#c7 operates-- 7,a7 in a transparent and nonexclusive manner2 and 7,b7 by consensus or in accordance with voting procedures to ensure a high degree of agreement among participants and across various interests2 and 7#d7 requires a level of participation sufficient to ensure that members of the collaborative group are adequately informed before making each decision4 #ajh4 ,large-scale environmental impact statement 7a7 ,in general ,the ,secretary shall carry out vegetation management projects and ecological restoration projects under this section in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7b7 ,environmental impact statement 7#a7 ,in general ,the ,secretary shall prepare #a landscape-scale environmental impact statement for purposes of compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for vegetation management projects and ecological restoration projects carried out under this title in ,national ,forests in the eastern part of the ,state that share ecological conditions and resource issues1 including projects-- 7,a7 that are located wholly in dry ponderosa pine and dry mixed conifer forests types2 7,b7 that are endorsed by1 or are the product of1 a collaborative group2 and 7,c7 no portion of which are located in an inventoried roadless area4 7#b7 ,use ,the large-scale environmental impact statement under paragraph 7#a7 shall be used as the basis for decisions on covered vegetation management projects and ecological restoration projects1 except for limited projects-- 7,a7 that are developed after the completion of the environmental impact statement2 and 7,b7 for which the environmental impact statement does not adequately analyze the work to be performed4 7c7 ,completion date ,the ,secretary shall complete the record of decision for the large-scale environmental impact statement under subsection 7b7 by not later than #a year after the date of enactment of this ,act4 7d7 ,timeliness ,a legal challenge to the environmental impact statement and record of decision under this section shall be filed by not later than #abj days after the date on which the record of decision is signed by the ,secretary4 #aji4 ,administration 7a7 ,effect of title ,nothing in this title affects-- 7#a7 any right described in a treaty between an ,indian tribe and the ,united ,states2 or 7#b7 any biological opinion1 including any opinion associated with the aquatic and riparian protection requirements of applicable land and resource management plans4 7b7 ,no retroactive effect 7#a7 ,vegetation management projects ,this title shall not apply to a vegetation management project that is-- 7,a7 initiated1 through a scoping notice or a notice of intent1 more than #ahj days before the date of enactment of this ,act2 or 7,b7 approved or under contract before the date of enactment of this ,act4 7#b7 ,recommendations report ,the completion of the recommendations report of the advisory panel under section #aje7;d77#b7 shall not automatically compel an amendment or revision to-- 7,a7 any vegetation management project initiated1 approved1 or under contract before the date on which the recommendations report is completed2 or 7,b7 any existing forest plan4 7c7 ,applicable law ,the ,secretary shall carry out this title in accordance with applicable law 7including regulations74 7d7 ,principal agency contact 7#a7 ,selection ,the ,secretary shall select a principal agency contact for the implementation of this title4 7#b7 ,duties ,the principal agency contact shall-- 7,a7 serve as the point-of-contact for the advisory panel2 7,b7 facilitate communications among-- 7i7 the advisory panel2 7ii7 collaborative groups2 7iii7 employees of the ,forest ,service2 and 7iv7 any other stakeholders 7including the public74 7e7 ,reporting 7#a7 ,in general ,the ,secretary shall prepare a report on the implementation of this title-- 7,a7 not later than #e years after the date on which the ,secretary selects the covered area2 but 7,b7 not earlier than #b years before the date described in subparagraph 7,a74 7#b7 ,contents ,the reports required under paragraph 7#a7 shall assess1 for each ,national ,forest in the covered area1 the progress achieved in accomplishing-- 7,a7 the purposes of this title2 and 7,b7 the performance goals established under section #ajc4 7f7 ,termination of authority 7#a7 ,in general ,the authority provided by this title shall terminate on the date that is #ae years after the date of enactment of this ,act4 7#b7 ,effect ,nothing in this subsection affects a valid contract in effect on the date described in paragraph 7#a74 #aaj4 ,authorization of appropriations 7a7 ,in general ,subject to subsection 7c71 there is authorized to be appropriated #ej1jjj1jjj to carry out this title1 to remain available until expended4 7b7 ,use ,any amounts appropriated to the ,secretary under subsection 7a7 may be used to support implementation of any cost-sharing authorities provided by this title4 7c7 ,effect on other funds ,the ,secretary may not divert funding from a ,national ,forest or grassland outside of the ,state to meet the performance requirements of this title4 7d7 ,reprogramming authority 7#a7 ,in general ,except as provided in paragraph 7#b71 after submitting to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate a notice1 the ,secretary may reprogram any funds-- 7,a7 made available to the ,secretary through an appropriation for the ,national ,forest ,system2 and 7,b7 allocated to be used on the ,national ,forests in the covered area4 7#b7 ,exception ,no funds appropriated for a recreation or grazing activity may be subject to reprogramming under paragraph 7#a74 ,,ii ,cooperative partnership funding #bja4 ,forest planning ,section #cbg7;b77#b7 of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiif 7#af ,u4,s4,c4 #afaa note2 ,public ,law #ajd-acd7 is amended by inserting expenditures for forest planning activities necessary for timber sales for projects that are located on any landscape that receives funding under section #djjd of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #gcjd7 and after may include4 #bjb4 ,cooperative forest innovation partnership projects ,section #ac;,b of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baji;b7 is amended by adding at the end the following3 7d7 ,regulations ,not later than #ij days after the date of enactment of the ,oregon ,eastside ,forests ,restoration1 ,old ,growth ,protection1 and ,jobs ,act of #bjac1 the ,secretary shall promulgate regulations to implement the authority of the ,secretary under that ,act4 7e7 ,cooperation with ,state governments 7#a7 ,projects authorized ,not later than #ahj days after the date of enactment of the ,oregon ,eastside ,forests ,restoration1 ,old ,growth ,protection1 and ,jobs ,act of #bjac1 the ,secretary1 in cooperation with the ,states1 shall carry out projects to support the ability of the ,department of ,agriculture to address the restoration of ,national ,forests in eligible areas4 7#b7 ,eligible areas ,a project under paragraph 7#a7 may be carried out on-- 7,a7 the covered area 7as defined in section #aja of the ,oregon ,eastside ,forests ,restoration1 ,old ,growth ,protection1 and ,jobs ,act of #bjac72 and 7,b7 any additional areas of the ,national ,forest ,system that the ,secretary selects to carry out paragraph 7#a74 7#c7 ,funding ,for each fiscal year1 the ,secretary shall use not more than #e percent of the funds made available for forest health on ,federal land under the heading ,state and private forestry of title ,,iii of an appropriations ,act making funds available to the ,department of the ,interior to pay for not more than #ej percent of the total cost of carrying out paragraph 7#a74 4 ,june #b1 #bjad,reported with an amendment