,,ii #aacth ,,congress #b;d ,session ,s4 #aiff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bh1 #bjad,mr4 ,barrasso introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to provide for the restoration of the economic and ecological health of ,national ,forest ,system land and rural communities1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,national ,forest ,jobs and ,management ,act of #bjad4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,purposes4,sec4 #c4 ,definitions4,sec4 #d4 ,projects in ,forest ,management ,emphasis ,areas4,sec4 #e4 ,administrative review2 arbitration4,sec4 #f4 ,distribution of revenue4,sec4 #g4 ,performance measures2 reporting4,sec4 #h4 ,termination4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to create a predictable wood supply from ,national ,forest ,system land that can be harvested1 processed1 and sold as wood products-- 7,a7 to preserve and create jobs2 7,b7 to generate revenue to be shared with counties2 and 7,c7 to strengthen rural economies2 7#b7 to reduce the uncertainty and costs to the ,forest ,service of planning and implementing timber management1 forest restoration1 and community wildfire protection projects on ,national ,forest ,system land2 and 7#c7 to promote the use of timber harvest as a method to achieve forest management goals on a portion of non-reserved ,national ,forest ,system land4 #c4 ,definitions ,in this ,act3 7#a7 ,covered project ,the term covered project means a project that involves the management or sale of national forest material within a ,forest ,management ,emphasis ,area4 7#b7 ,forest management emphasis area 7,a7 ,in general ,the term ,forest ,management ,emphasis ,area means ,national ,forest ,system land identified as suitable for timber production in a forest management plan in effect on the date of enactment of this ,act4 7,b7 ,exclusions ,the term ,forest ,management ,emphasis ,area does not include ,national ,forest ,system land-- 7i7 that is a component of the ,national ,wilderness ,preservation ,system2 or 7ii7 on which removal of vegetation is specifically prohibited by ,federal law4 7#c7 ,national forest material ,the term national forest material means trees1 portions of trees1 or forest products1 with an emphasis on sawtimber and pulpwood1 derived from ,national ,forest ,system land4 7#d7 ,national forest system 7,a7 ,in general ,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,b7 ,exclusion ,the term ,national ,forest ,system does not include-- 7i7 the national grasslands and land utilization projects administered under title ,,iii of the ,bankhead-,jones ,farm ,tenant ,act 7#g ,u4,s4,c4 #ajaj et seq472 or 7ii7 ,national ,forest ,system land east of the #ajjth meridian4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 #d4 ,projects in ,forest ,management ,emphasis ,areas 7a7 ,conduct of covered projects within forest management emphasis areas 7#a7 ,in general ,the ,secretary may conduct covered projects in ,forest ,management ,emphasis ,areas1 subject to paragraphs 7#b7 through 7#d74 7#b7 ,designating timber for cutting 7,a7 ,in general ,notwithstanding section #ad7;g7 of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a7g771 the ,secretary may use designation by prescription or designation by description in conducting covered projects under this ,act4 7,b7 ,requirement ,the designation methods authorized under subparagraph 7,a7 shall be used in a manner that ensures that the quantity of national forest material that is removed from the ,forest ,management ,emphasis ,area is verifiable and accountable4 7#c7 ,contracting methods 7,a7 ,in general ,timber sale contracts under section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a7 shall be the primary means of carrying out covered projects under this ,act4 7,b7 ,record ,if the ,secretary does not use a timber sale contract under section #ad of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a7 to carry out a covered project under this ,act1 the ,secretary shall provide a written record specifying the reasons that different contracting methods were used4 7#d7 ,acreage treatment requirements 7,a7 ,total acreage requirements ,the ,secretary shall identify1 prioritize1 and carry out covered projects in ,forest ,management ,emphasis ,areas that mechanically treat a total of at least #g1ejj1jjj acres in the ,forest ,management ,emphasis ,areas during the #ae-year period beginning on the date that is #fj days after the date on which the ,secretary assigns the acreage treatment requirements under subparagraph 7,b74 7,b7 ,assignment of acreage treatment requirements to individual units of the ,national ,forest ,system 7i7 ,in general ,not later than #fj days after the date of enactment of this ,act and subject to clause 7ii71 the ,secretary1 in the sole discretion of the ,secretary1 shall assign the acreage treatment requirements that shall apply to the ,forest ,management ,emphasis ,areas of each unit of the ,national ,forest ,system4 7ii7 ,limitation ,notwithstanding clause 7i71 the acreage treatment requirements assigned to a specific unit of the ,national ,forest ,system under that clause may not apply to more than #be percent of the acreage to be treated in any unit of the ,national ,forest ,system in a ,forest ,management ,emphasis ,area during the #ae-year period described in subparagraph 7,a74 7b7 ,environmental analysis and public review process for covered projects in forest management emphasis areas 7#a7 ,environmental assessment ,the ,secretary shall comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 by completing an environmental assessment that assesses the direct environmental effects of each covered project proposed to be conducted within a ,forest ,management ,emphasis ,area1 except that the ,secretary shall not be required to study1 develop1 or describe more than the proposed agency action and #a alternative to the proposed agency action for purposes of that ,act4 7#b7 ,public notice and comment ,in preparing an environmental assessment for a covered project under paragraph 7#a71 the ,secretary shall provide-- 7,a7 public notice of the covered project2 and 7,b7 an opportunity for public comment on the covered project4 7#c7 ,length ,the environmental assessment prepared for a covered project under paragraph 7#a7 shall not exceed #ajj pages in length4 7#d7 ,inclusion of certain documents ,the ,secretary may incorporate1 by reference1 into an environmental assessment any documents that the ,secretary1 in the sole discretion of the ,secretary1 determines are relevant to the assessment of the environmental effects of the covered project4 7#e7 ,deadline for completion ,not later than #ahj days after the date on which the ,secretary has published notice of a covered project in accordance with paragraph 7#b71 the ,secretary shall complete the environmental assessment for the covered project4 7c7 ,compliance with endangered species act ,to comply with the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 the ,secretary shall use qualified professionals on the staff of the ,forest ,service to make determinations required under section #g of that ,act 7#af ,u4,s4,c4 #aecf74 7d7 ,limitation on revision of national forest plans ,the ,secretary may not1 during a revision of a forest plan under section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd71 reduce the acres designated as suitable for timber harvest under a covered project1 unless the ,secretary determines1 in consultation with the ,secretary of the ,interior1 that the reduction in acreage is necessary to prevent a jeopardy finding under section #g7;b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;b774 #e4 ,administrative review2 arbitration 7a7 ,administrative review ,administrative review of a covered project shall occur only in accordance with the special administrative review process established by section #aje of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feae74 7b7 ,arbitration 7#a7 ,in general ,there is established in the ,department of ,agriculture a pilot program that-- 7,a7 authorizes the use of arbitration instead of judicial review of a decision made following the special administrative review process for a covered project described in subsection 7a72 and 7,b7 shall be the sole means to challenge a covered project in a ,forest ,management ,emphasis ,area during the #ae-year period beginning on the date that is #fj days after the date on which the ,secretary assigns the acreage treatment requirements under section #d7;a77#d77;,b74 7#b7 ,arbitration process procedures 7,a7 ,in general ,any person who sought administrative review for a covered project in accordance with subsection 7a7 and who is not satisfied with the decision made under the administrative review process may file a demand for arbitration in accordance with-- 7i7 chapter #a of title #i1 ,united ,states ,code2 and 7ii7 this paragraph4 7,b7 ,requirements for demand ,a demand for arbitration under subparagraph 7,a7 shall-- 7i7 be filed not more than #cj days after the date on which the special administrative review decision is issued under subsection 7a72 and 7ii7 include a proposal containing the modifications sought to the covered project4 7,c7 ,intervening parties 7i7 ,deadline for submission2 requirements ,any person that submitted a public comment on the covered project subject to the demand for arbitration may intervene in the arbitration under this subsection by submitting a proposal endorsing or modifying the covered project by the date that is #cj days after the date on which the demand for arbitration is filed under subparagraph 7,a74 7ii7 ,multiple parties ,multiple objectors or intervening parties that meet the requirements of clause 7i7 may submit a joint proposal under that clause4 7,d7 ,appointment of arbitrator ,the ,united ,states ,district ,court in the district in which a covered project subject to a demand for arbitration filed under subparagraph 7,a7 is located shall appoint an arbitrator to conduct the arbitration proceedings in accordance with this subsection4 7,e7 ,selection of proposals 7i7 ,in general ,an arbitrator appointed under subparagraph 7,d7-- 7,i7 may not modify any of the proposals submitted under this paragraph2 and 7,,ii7 shall select to be conducted-- 7aa7 a proposal submitted by an objector under subparagraph 7,b77ii7 or an intervening party under subparagraph 7,c72 or 7bb7 the covered project1 as approved by the ,secretary4 7ii7 ,selection criteria ,an arbitrator shall select the proposal that best meets the purpose and needs described in the environmental assessment conducted under section #d7;b77#a7 for the covered project4 7iii7 ,effect ,the decision of an arbitrator with respect to a selection under clause 7i77,,ii7-- 7,i7 shall not be considered a major ,federal action2 7,,ii7 shall be binding2 and 7,,iii7 shall not be subject to judicial review4 7,f7 ,deadline for completion ,not later than #ij days after the date on which a demand for arbitration is filed under subparagraph 7,a71 the arbitration process shall be completed4 #f4 ,distribution of revenue 7a7 ,payments to counties 7#a7 ,in general ,effective for fiscal year #bjae and each fiscal year thereafter until the termination date under section #h1 the ,secretary shall provide to each county in which a covered project is carried out annual payments in an amount equal to #be percent of the amounts received for the applicable fiscal year by the ,secretary from the covered project4 7#b7 ,limitation ,a payment made under paragraph 7#a7 shall be in addition to any payments the county receives under the payment to ,states required by the sixth paragraph under the heading 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 7b7 ,deposit in ,knutson-,vandenberg and ,salvage ,sale ,funds ,after compliance with subsection 7a71 the ,secretary shall use amounts received by the ,secretary from covered projects during each of the fiscal years during the period described in subsection 7a7 to make deposits into the fund established under section #c of the ,act of ,june #i1 #aicj 7commonly known as the ,knutson-,vandenberg ,act7 7#af ,u4,s4,c4 #egf;b7 and the fund established under section #ad7;h7 of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a7h77 in contributions equal to the amounts otherwise collected under those ,acts for projects conducted on ,national ,forest ,system land4 7c7 ,deposit in ,general ,fund of the ,treasury ,after compliance with subsections 7a7 and 7b71 the ,secretary shall deposit into the general fund of the ,treasury any remaining amounts received by the ,secretary for each of the fiscal years referred to in those subsections from covered projects4 #g4 ,performance measures2 reporting 7a7 ,performance measures ,the ,secretary shall develop performance measures that evaluate the degree to which the ,secretary is achieving-- 7#a7 the purposes of this ,act2 and 7#b7 the minimum acreage requirements established under section #d7;a77#d74 7b7 ,annual reports ,annually1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives-- 7#a7 a report that describes the results of evaluations using the performance measures developed under subsection 7a72 and 7#b7 a report that describes-- 7,a7 the number and substance of the covered projects that are subject to administrative review and arbitration under section #e2 and 7,b7 the outcomes of the administrative review and arbitration under that section4 #h4 ,termination ,the authority of this ,act terminates on the date that is #ae years after the date of enactment of this ,act4