H.R. 2647 — Introduced in House

I 114th CONGRESS 1st Session H. R. 2647 IN THE HOUSE OF REPRESENTATIVES June 4, 2015 Mr. Westerman (for himself, Mrs. Kirkpatrick, Mr. Thompson of Pennsylvania, and Mr. Zinke) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To expedite under the National Environmental Policy Act and improve forest management activities in units of the National Forest System derived from the public domain, on public lands under the jurisdiction of the Bureau of Land Management, and on tribal lands to return resilience to overgrown, fire-prone forested lands, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Resilient Federal Forests Act of 2015. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Expedited Environmental Analysis and Availability of Categorical Exclusions to Expedite Forest Management Activities Sec. 101. Analysis of only two alternatives (action versus no action) in proposed collaborative forest management activities. Sec. 102. Categorical exclusion to expedite certain critical response actions. Sec. 103. Categorical exclusion to expedite salvage operations in response to catastrophic events. Sec. 104. Categorical exclusion to meet forest plan goals for early successional forests. Sec. 105. Clarification of existing categorical exclusion authority related to insect and disease infestation. Sec. 106. Compliance with forest plan. Title II—Salvage and Reforestation in Response to Catastrophic Events Sec. 201. Expedited salvage operations and reforestation activities following large-scale catastrophic events. Sec. 202. Compliance with forest plan. Sec. 203. Prohibition on restraining orders, preliminary injunctions, and injunctions pending appeal. Sec. 204. Exclusion of certain lands. Title III—Collaborative Project Litigation Requirement Sec. 301. Definitions. Sec. 302. Bond requirement as part of legal challenge of certain forest management activities. Title IV—Secure Rural Schools and Community Self-Determination Act Amendments Sec. 401. Use of reserved funds for title II projects on Federal land and certain non-Federal land. Sec. 402. Resource advisory committees. Sec. 403. Program for title II self-sustaining resource advisory committee projects. Sec. 404. Additional authorized use of reserved funds for title III county projects. Title V—Stewardship End Result Contracting Sec. 501. Cancellation ceilings for stewardship end result contracting projects. Sec. 502. Excess offset value. Sec. 503. Payment of portion of stewardship project revenues to county in which stewardship project occurs. Sec. 504. Submission of existing annual report. Title VI—Additional Funding Sources for Forest Management Activities Sec. 601. Definitions. Sec. 602. Availability of stewardship project revenues and Collaborative Forest Landscape Restoration Fund to cover forest management activity planning costs. Sec. 603. State-supported planning of forest management activities. Title VII—Tribal Forestry Participation and Protection Sec. 701. Protection of tribal forest assets through use of stewardship end result contracting and other authorities. Sec. 702. Management of Indian forest land authorized to include related National Forest System lands and public lands. Title VIII—Miscellaneous Forest Management Provisions Sec. 801. Balancing short- and long-term effects of forest management activities in considering injunctive relief. Sec. 802. Conditions on Forest Service road decommissioning. Sec. 803. Prohibition on application of Eastside Screens requirements on National Forest System lands. Sec. 804. Use of site-specific forest plan amendments for certain projects and activities. Sec. 805. Knutson-Vandenberg Act modifications. Sec. 806. Exclusion of certain National Forest System lands and public lands. 2. Definitions In this Act: (1) Catastrophic event The term catastrophic event means any natural disaster (such as hurricane, tornado, windstorm, snow or ice storm, rain storm, high water, wind-driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, drought, or insect or disease outbreak) or any fire, flood, or explosion, regardless of cause. (2) Categorical exclusion The term categorical exclusion refers to an exception to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) for a project or activity relating to the management of National Forest System lands or public lands. (3) Collaborative process The term collaborative process refers to a process relating to the management of National Forest System lands or public lands by which a project or activity is developed and implemented by the Secretary concerned through collaboration with interested persons, as described in section 603(b)(1)(C) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C)). (4) Community wildfire protection plan The term community wildfire protection plan has the meaning given that term in section 101(3) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(3)). (5) Coos Bay Wagon Road Grant lands The term Coos Bay Wagon Road Grant lands means the lands reconveyed to the United States pursuant to the first section of the Act of February 26, 1919 (40 Stat. 1179). (6) Forest management activity The term forest management activity means a project or activity carried out by the Secretary concerned on National Forest System lands or public lands in concert with the forest plan covering the lands. (7) Forest plan The term forest plan means— (A) a land use plan prepared by the Bureau of Land Management for public lands pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); or (B) a land and resource management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). (8) Large-scale catastrophic event The term large-scale catastrophic event means a catastrophic event that adversely impacts at least 5,000 acres of reasonably contiguous National Forest System lands or public lands. (9) National forest system The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), except that the term— (A) includes only National Forest System lands derived from the public domain; and (B) does not include the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010–1012). (10) Oregon and California Railroad Grant lands The term Oregon and California Railroad Grant lands means the following lands: (A) All lands in the State of Oregon revested in the United States under the Act of June 9, 1916 (39 Stat. 218), that are administered by the Secretary of the Interior, acting through the Bureau of Land Management, pursuant to the first section of the Act of August 28, 1937 (43 U.S.C. 1181a). (B) All lands in that State obtained by the Secretary of the Interior pursuant to the land exchanges authorized and directed by section 2 of the Act of June 24, 1954 (43 U.S.C. 1181h). (C) All lands in that State acquired by the United States at any time and made subject to the provisions of title II of the Act of August 28, 1937 (43 U.S.C. 1181f). (11) Public lands The term public lands has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)), except that the term includes Coos Bay Wagon Road Grant lands and Oregon and California Railroad Grant lands. (12) Reforestation activity The term reforestation activity means a project or activity carried out by the Secretary concerned whose primary purpose is the reforestation of fire-impacted lands following a large-scale wildfire. The term includes planting, evaluating and enhancing natural regeneration, clearing competing vegetation, and other activities related to reestablishment of forest species on the fire-impacted lands. (13) Resource advisory committee The term resource advisory committee has the meaning given that term in section 201(3) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7121(3)). (14) Salvage operation The term salvage operation means a forest management activity undertaken in response to a catastrophic event whose primary purpose— (A) is to prevent wildfire as a result of the catastrophic event, or, if the catastrophic event was wildfire, to prevent a re-burn of the fire-impacted area; (B) is to provide an opportunity for utilization of forest materials damaged as a result of the catastrophic event; or (C) is to provide a funding source for reforestation and other restoration activities for the National Forest System lands or public lands impacted by the catastrophic event. (15) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to National Forest System lands; and (B) the Secretary of the Interior, with respect to public lands. I Expedited Environmental Analysis and Availability of Categorical Exclusions to Expedite Forest Management Activities 101. Analysis of only two alternatives (action versus no action) in proposed collaborative forest management activities (a) Application to certain Environmental Assessments and Environmental Impact Statements This section shall apply whenever the Secretary concerned prepares an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a forest management activity that— (1) is developed through a collaborative process; (2) is proposed by a resource advisory committee; or (3) is covered by a community wildfire protection plan. (b) Consideration of Alternatives In an environmental assessment or environmental impact statement described in subsection (a), the Secretary concerned shall study, develop, and describe only the following two alternatives: (1) The forest management activity, as proposed pursuant to paragraph (1), (2), or (3) of subsection (a). (2) The alternative of no action. (c) Elements of Non-Action Alternative In the case of the alternative of no action, the Secretary concerned shall evaluate— (1) the effect of no action on— (A) forest health; (B) habitat diversity; (C) wildfire potential; and (D) insect and disease potential; and (2) the implications of a resulting decline in forest health, loss of habitat diversity, wildfire, or insect or disease infestation, given fire and insect and disease historic cycles, on— (A) domestic water costs; (B) wildlife habitat loss; and (C) other economic and social factors. 102. Categorical exclusion to expedite certain critical response actions (a) Availability of categorical exclusion A categorical exclusion is available to the Secretary concerned to develop and carry out a forest management activity on National Forest System lands or public lands when the primary purpose of the forest management activity is— (1) to address an insect or disease infestation; (2) to reduce hazardous fuel loads; (3) to protect a municipal water source; (4) to maintain, enhance, or modify critical habitat to protect it from catastrophic disturbances; (5) to increase water yield; or (6) any combination of the purposes specified in paragraphs (1) through (5). (b) Acreage limitations (1) In general Except in the case of a forest management activity described in paragraph (2), a forest management activity covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 5,000 acres. (2) Larger areas authorized A forest management activity covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 15,000 acres if the forest management activity— (A) is developed through a collaborative process; (B) is proposed by a resource advisory committee; or (C) is covered by a community wildfire protection plan. 103. Categorical exclusion to expedite salvage operations in response to catastrophic events (a) Availability of categorical exclusion A categorical exclusion is available to the Secretary concerned to develop and carry out a salvage operation as part of the restoration of National Forest System lands or public lands following a catastrophic event. (b) Acreage limitations (1) In general A salvage operation covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 5,000 acres. (2) Harvest area In addition to the limitation imposed by paragraph (1), the harvest units covered by the categorical exclusion granted by subsection (a) may not exceed one-third of the area impacted by the catastrophic event. (c) Additional requirements (1) Road building A salvage operation covered by the categorical exclusion granted by subsection (a) may not include any permanent road building. Temporary roads constructed as part of the salvage operation may not exceed one mile per square mile and shall be decommissioned upon completion of the salvage operation. (2) Stream buffers A salvage operation covered by the categorical exclusion granted by subsection (a) shall comply with the standards and guidelines for stream buffers contained in the applicable forest plan unless waived by the Regional Forester, in the case of National Forest System lands, or the State Director of the Bureau of Land Management, in the case of public lands. (3) Reforestation plan A reforestation plan shall be developed under section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), as part of a salvage operation covered by the categorical exclusion granted by subsection (a). 104. Categorical exclusion to meet forest plan goals for early successional forests (a) Availability of categorical exclusion A categorical exclusion is available to the Secretary concerned to develop and carry out a forest management activity on National Forest System lands or public lands when the primary purpose of the forest management activity is to modify, improve, enhance, or create early successional forests for wildlife habitat improvement and other purposes, consistent with the applicable forest plan. (b) Acreage limitations A forest management activity covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 5,000 acres. 105. Clarification of existing categorical exclusion authority related to insect and disease infestation Section 603(c)(2)(B) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)(2)(B)) is amended by striking Fire Regime Groups I, II, or III and inserting Fire Regime I, Fire Regime II, Fire Regime III, or Fire Regime IV. 106. Compliance with forest plan A forest management activity covered by a categorical exclusion granted by this title shall be conducted in a manner consistent with the forest plan applicable to the National Forest System land or public lands covered by the forest management activity. II Salvage and Reforestation in Response to Catastrophic Events 201. Expedited salvage operations and reforestation activities following large-scale catastrophic events (a) Expedited environmental assessment Notwithstanding any other provision of law, any environmental assessment prepared by the Secretary concerned pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a salvage operation or reforestation activity proposed to be conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event shall be completed within three months after the conclusion of the catastrophic event. (b) Expedited implementation and completion In the case of reforestation activities conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event, the Secretary concerned shall achieve reforestation of at least 75 percent of the impacted lands during the five-year period following the conclusion of the catastrophic event. 202. Compliance with forest plan A salvage operation or reforestation activity authorized by this title shall be conducted in a manner consistent with the forest plan applicable to the National Forest System lands or public lands covered by the salvage operation or reforestation activity. 203. Prohibition on restraining orders, preliminary injunctions, and injunctions pending appeal No restraining order, preliminary injunction, or injunction pending appeal shall be issued by any court of the United States with respect to any decision to prepare or conduct a salvage operation or reforestation activity in response to a large-scale catastrophic event. Section 705 of title 5, United States Code, shall not apply to any challenge to the salvage operation or reforestation activity. 204. Exclusion of certain lands In applying this title, the Secretary concerned may not carry out salvage operations or reforestation activities on National Forest System lands or public lands— (1) that are included in the National Wilderness Preservation System; (2) that are located within an inventoried roadless area unless the reforestation activity is consistent with the forest plan; or (3) on which timber harvesting for any purpose is prohibited by statute. III Collaborative Project Litigation Requirement 301. Definitions In this title: (1) Costs The term costs refers to the fees and costs described in section 1920 of title 28, United States Code. (2) Expenses The term expenses includes the expenditures incurred by the staff of the Secretary concerned in preparing for and responding to a legal challenge to a collaborative forest management activity and in participating in litigation that challenges the forest management activity, including such staff time as may be used to prepare the administrative record, exhibits, declarations, and affidavits in connection with the litigation. 302. Bond requirement as part of legal challenge of certain forest management activities (a) Bond required In the case of a forest management activity developed through a collaborative process or proposed by a resource advisory committee, any plaintiff or plaintiffs challenging the forest management activity shall be required to post a bond or other security equal to the anticipated costs, expenses, and attorneys fees of the Secretary concerned as defendant, as reasonably estimated by the Secretary concerned. All proceedings in the action shall be stayed until the required bond or security is provided. (b) Recovery of litigation costs, expenses, and attorneys fees (1) Motion for payment If the Secretary concerned prevails in an action challenging a forest management activity described in subsection (a), the Secretary concerned shall submit to the court a motion for payment, from the bond or other security posted under subsection (a) in such action, of the reasonable costs, expenses, and attorneys fees incurred by the Secretary concerned. (2) Maximum amount recovered The amount of costs, expenses, and attorneys fees recovered by the Secretary concerned under paragraph (1) as a result of prevailing in an action challenging the forest management activity may not exceed the amount of the bond or other security posted under subsection (a) in such action. (3) Return of remainder Any funds remaining from the bond or other security posted under subsection (a) after the payment of costs, expenses, and attorneys fees under paragraph (1) shall be returned to the plaintiff or plaintiffs that posted the bond or security in the action. (c) Return of bond to prevailing plaintiff (1) In general If the plaintiff ultimately prevails on the merits in every action brought by the plaintiff challenging a forest management activity described in subsection (a), the court shall return to the plaintiff any bond or security provided by the plaintiff under subsection (a), plus interest from the date the bond or security was provided. (2) Ultimately prevails on the merits In this subsection, the phrase ultimately prevails on the merits means, in a final enforceable judgment on the merits, a court rules in favor of the plaintiff on every cause of action in every action brought by the plaintiff challenging the forest management activity. (d) Effect of settlement If a challenge to a forest management activity described in subsection (a) for which a bond or other security was provided by the plaintiff under such subsection is resolved by settlement between the Secretary concerned and the plaintiff, the settlement agreement shall provide for sharing the costs, expenses, and attorneys fees incurred by the parties. (e) Limitation on certain payments Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any fees or other expenses under such sections to any plaintiff related to an action challenging a forest management activity described in subsection (a). IV Secure Rural Schools and Community Self-Determination Act Amendments 401. Use of reserved funds for title II projects on Federal land and certain non-Federal land (a) Repeal of Merchantable timber contracting pilot program Section 204(e) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7124(e)) is amended by striking paragraph (3). (b) Requirements for project funds Section 204 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7124) is amended by striking subsection (f) and inserting the following new subsection: (f) Requirements for project funds (1) In general Subject to paragraph (2), the Secretary concerned shall ensure that at least 50 percent of the project funds reserved by a participating county under section 102(d) shall be available only for projects that— (A) include the sale of timber or other forest products; and (B) implement stewardship objectives that enhance forest ecosystems or restore and improve land health and water quality. (2) Applicability The requirement in paragraph (1) shall apply only to project funds reserved by a participating county whose boundaries include Federal land that the Secretary concerned determines has been subject to a timber or other forest products program within 5 fiscal years before the fiscal year in which the funds are reserved. . 402. Resource advisory committees (a) Recognition of resource advisory committees Section 205(a)(4) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(a)(4)) is amended by striking 2012 each place it appears and inserting 2020. (b) Temporary reduction in composition of committees Section 205(d) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(d)) is amended— (1) in paragraph (1), by striking Each and inserting Except during the period specified in paragraph (6), each; and (2) by adding at the end the following new paragraph: (6) Temporary reduction in minimum number of members (A) Temporary 6-member minimum During the period beginning on the date of the enactment of this paragraph and ending on September 30, 2020, a resource advisory committee established under this section may be comprised of 6 or more members, of which— (i) at least 2 shall be representative of interests described in subparagraph (A) of paragraph (2); (ii) at least 2 shall be representative of interests described in subparagraph (B) of paragraph (2); and (iii) at least 2 shall be representative of interests described in subparagraph (C) of paragraph (2). (B) Additional requirement In appointing members of a resource advisory committee from the 3 categories described in paragraph (2), as provided in subparagraph (A), the Secretary concerned shall ensure balanced and broad representation in each category. (C) Charter A charter for a resource advisory committee with 15 members that was filed on or before the date of the enactment of this paragraph shall be considered to be filed for a resource advisory committee described in this paragraph. . (c) Conforming change to project approval requirements Section 205(e)(3) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(e)(3)) is amended by adding at the end the following new sentence: In the case of a resource advisory committee consisting of fewer than 15 members, as authorized by subsection (d)(6), a project may be proposed to the Secretary concerned upon approval by a majority of the members of the committee.. (d) Expanding local participation on committees Section 205(d) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(d)) is amended— (1) in paragraph (3), by inserting before the period at the end the following: , consistent with the requirements of paragraph (4); and (2) by striking paragraph (4) and inserting the following new paragraph: (4) Geographic distribution The members of a resource advisory committee shall reside within the county or counties in which the committee has jurisdiction or an adjacent county. . 403. Program for title II self-sustaining resource advisory committee projects (a) Self-Sustaining resource advisory committee projects Title II of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7121 et seq.) is amended by adding at the end the following new section: 209. Program for self-sustaining resource advisory committee projects (a) RAC program The Chief of the Forest Service shall conduct a program (to be known as the self-sustaining resource advisory committee program or RAC program) under which 10 resource advisory committees will propose projects authorized by subsection (c) to be carried out using project funds reserved by a participating county under section 102(d). (b) Selection of participating resource advisory committees The selection of resource advisory committees to participate in the RAC program is in the sole discretion of the Chief of the Forest Service, except that, consistent with section 205(d)(6), a selected resource advisory committee must have a minimum of 6 members. (c) Authorized projects Notwithstanding the project purposes specified in sections 202(b), 203(c), and 204(a)(5), projects under the RAC program are intended to— (1) accomplish forest management objectives or support community development; and (2) generate receipts. (d) Deposit and availability of revenues Any revenue generated by a project conducted under the RAC program, including any interest accrued from the revenues, shall be— (1) deposited in the special account in the Treasury established under section 102(d)(2)(A); and (2) available, in such amounts as may be provided in advance in appropriation Acts, for additional projects under the RAC program. (e) Termination of authority (1) In general The authority to initiate a project under the RAC program shall terminate on September 30, 2020. (2) Deposits in treasury Any funds available for projects under the RAC program and not obligated by September 30, 2021, shall be deposited in the Treasury of the United States. . (b) Exception to general rule regarding treatment of receipts Section 403(b) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7153(b)) is amended by striking All revenues and inserting Except as provided in section 209, all revenues. 404. Additional authorized use of reserved funds for title III county projects Section 302(a) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7142(a)) is amended— (1) in paragraph (2)— (A) by inserting and law enforcement patrols after including firefighting; and (B) by striking and at the end of paragraph (2); (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following new paragraph (3): (3) to cover training costs and equipment purchases directly related to the emergency services described in paragraph (2); and . V Stewardship End Result Contracting 501. Cancellation ceilings for stewardship end result contracting projects (a) Cancellation ceilings Section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c) is amended— (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following new subsection (h): (h) Cancellation ceilings (1) In general The Chief and the Director may obligate funds to cover any potential cancellation or termination costs for an agreement or contract under subsection (b) in stages that are economically or programmatically viable. (2) Advance notice to congress of cancellation ceiling in excess of $25,000,000 Not later than 30 days before entering into a multiyear agreement or contract under subsection (b) that includes a cancellation ceiling in excess of $25,000,000, but does not include proposed funding for the costs of cancelling the agreement or contract up to such cancellation ceiling, the Chief or the Director, as the case may be, shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a written notice that includes— (A) the cancellation ceiling amounts proposed for each program year in the agreement or contract; (B) the reasons why such cancellation ceiling amounts were selected; (C) the extent to which the costs of contract cancellation are not included in the budget for the agreement or contract; and (D) an assessment of the financial risk of not including budgeting for the costs of agreement or contract cancellation. (3) Transmittal of notice to OMB Not later than 14 days after the date on which written notice is provided under paragraph (2) with respect to an agreement or contract under subsection (b), the Chief or the Director, as the case may be, shall transmit a copy of the notice to the Director of the Office of Management and Budget. . (b) Relation to other laws Section 604(d)(5) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(d)(5)) is amended by striking , the Chief may and inserting and section 2(a)(1) of the Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 602(a)(1)), the Chief and the Director may. 502. Excess offset value Section 604(g)(2) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c(g)(2)) is amended by striking subparagraphs (A) and (B) and inserting the following new subparagraphs: (A) use the excess to satisfy any outstanding liabilities for cancelled agreements or contracts; or (B) if there are no outstanding liabilities under subparagraph (A), apply the excess to other authorized stewardship projects. . 503. Payment of portion of stewardship project revenues to county in which stewardship project occurs Section 604(e) of the Healthy Forest Restoration Act of 2003 (16 U.S.C. 6591c(e)) is amended— (1) in paragraph (2)(B), by inserting subject to paragraph (3)(A), before shall; and (2) in paragraph (3)(A), by striking services received by the Chief or the Director and all that follows through the period at the end and inserting the following: services and in-kind resources received by the Chief or the Director under a stewardship contract project conducted under this section shall not be considered monies received from the National Forest System or the public lands, but any payments made by the contractor to the Chief or Director under the project shall be considered monies received from the National Forest System or the public lands.. 504. Submission of existing annual report Subsection (j) of section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c), as redesignated by section 501(a)(1), is amended by striking report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives and inserting submit to the congressional committees specified in subsection (h)(2) a report. VI Additional Funding Sources for Forest Management Activities 601. Definitions In this title: (1) Eligible entity The term eligible entity means— (A) a State or political subdivision of a State containing National Forest System lands or public lands; (B) a publicly chartered utility serving one or more States or a political subdivision thereof; (C) a rural electric company; and (D) any other entity determined by the Secretary concerned to be appropriate for participation in the Fund. (2) Fund The term Fund means the State-Supported Forest Management Fund established by section 603. 602. Availability of stewardship project revenues and Collaborative Forest Landscape Restoration Fund to cover forest management activity planning costs (a) Availability of stewardship project revenues Section 604(e)(2)(B) of the Healthy Forest Restoration Act of 2003 (16 U.S.C. 6591c(e)(2)(B)), as amended by section 503, is further amended by striking appropriation at the project site from which the monies are collected or at another project site. and inserting the following: appropriation— (i) at the project site from which the monies are collected or at another project site; and (ii) to cover not more than 25 percent of the cost of planning additional stewardship contracting projects. . (b) Availability of Collaborative Forest Landscape Restoration Fund Section 4003(f)(1) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(f)(1)) is amended by striking carrying out and and inserting planning, carrying out, and. 603. State-supported planning of forest management activities (a) State-Supported forest management fund There is established in the Treasury of the United States a fund, to be known as the State-Supported Forest Management Fund, to cover the cost of planning, carrying out, and monitoring certain forest management activities on National Forest System lands or public lands. (b) Contents The State-Supported Forest Management Fund shall consist of such amounts as may be— (1) contributed by an eligible entity for deposit in the Fund; (2) appropriated to the Fund; or (3) generated by forest management activities carried out using amounts in the Fund. (c) Geographical and use limitations In making a contribution under subsection (b)(1), an eligible entity may— (1) specify the National Forest System lands or public lands for which the contribution may be expended; and (2) limit the types of forest management activities for which the contribution may be expended. (d) Authorized forest management activities In such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may use the Fund to plan, carry out, and monitor a forest management activity that— (1) is developed through a collaborative process; (2) is proposed by a resource advisory committee; or (3) is covered by a community wildfire protection plan. (e) Implementation methods A forest management activity carried out using amounts in the Fund may be carried out using a contract or agreement under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c), the good neighbor authority provided by section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a), a contract under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), or other authority available to the Secretary concerned, but revenues generated by the forest management activity shall be used to reimburse the Fund for planning costs covered using amounts in the Fund. (f) Relation to other laws (1) Revenue sharing Subject to subsection (e), revenues generated by a forest management activity carried out using amounts from the Fund shall be considered monies received from the National Forest System. (2) Knutson-vanderberg Act The Act of June 9, 1930 (commonly known as the Knutson-Vanderberg Act; 16 U.S.C. 576 et seq.), shall apply to any forest management activity carried out using amounts in the Fund. (g) Termination of fund (1) Termination The Fund shall terminate on September 30, 2025. (2) Effect of termination Upon the termination of the Fund pursuant to paragraph (1) or pursuant to any other provision of law, unobligated contributions remaining in the Fund shall be returned to the eligible entity that made the contribution. VII Tribal Forestry Participation and Protection 701. Protection of tribal forest assets through use of stewardship end result contracting and other authorities (a) Prompt consideration of tribal requests Section 2(b) of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended— (1) in paragraph (1), by striking Not later than 120 days after the date on which an Indian tribe submits to the Secretary and inserting In response to the submission by an Indian tribe of ; and (2) by adding at the end the following new paragraph: (4) Time periods for consideration (A) Initial response Not later than 120 days after the date on which the Secretary receives a tribal request under paragraph (1), the Secretary shall provide an initial response to the Indian tribe regarding— (i) whether the request may meet the selection criteria described in subsection (c); and (ii) the likelihood of the Secretary entering into an agreement or contract with the Indian tribe under paragraph (2) for activities described in paragraph (3). (B) Notice of denial Notice under subsection (d) of the denial of a tribal request under paragraph (1) shall be provided not later than one year after the date on which the Secretary received the request. (C) Completion Not later than two years after the date on which the Secretary receives a tribal request under paragraph (1), other than a tribal request denied under subsection (d), the Secretary shall— (i) complete all environmental reviews necessary in connection with the agreement or contract and proposed activities under the agreement or contract; and (ii) enter into the agreement or contract with the Indian tribe under paragraph (2). . (b) Conforming and technical amendments Section 2 of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended— (1) in subsections (a)(1) and (f)(1), by striking section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105–277) (as amended by section 323 of the Department of the Interior and Related Agencies Appropriations Act, 2003 (117 Stat. 275)) and inserting section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c); and (2) in subsection (d), by striking subsection (b)(1), the Secretary may and inserting paragraphs (1) and (4)(B) of subsection (b), the Secretary shall. 702. Management of Indian forest land authorized to include related National Forest System lands and public lands Section 305 of the National Indian Forest Resources Management Act (25 U.S.C. 3104) is amended by adding at the end the following new subsection: (c) Inclusion of certain National Forest System land and public land (1) Authority At the request of an Indian tribe, the Secretary concerned may treat Federal forest land as Indian forest land for purposes of planning and conducting forest land management activities under this section if the Federal forest land is located within, or mostly within, a geographic area that presents a feature or involves circumstances principally relevant to that Indian tribe, such as Federal forest land ceded to the United States by treaty, Federal forest land within the boundaries of a current or former reservation, or Federal forest land adjudicated to be tribal homelands. (2) Definitions In this subsection: (A) Federal forest land The term Federal forest land means— (i) National Forest System lands derived from the public domain; and (ii) public lands (as defined in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e))), including Coos Bay Wagon Road Grant lands reconveyed to the United States pursuant to the first section of the Act of February 26, 1919 (40 Stat. 1179), and Oregon and California Railroad Grant lands. (B) Secretary concerned The term Secretary concerned means— (i) the Secretary of Agriculture, with respect to the Federal forest land referred to in subparagraph (A)(i); and (ii) the Secretary of the Interior, with respect to the Federal forest land referred to in subparagraph (A)(ii). . VIII Miscellaneous Forest Management Provisions 801. Balancing short- and long-term effects of forest management activities in considering injunctive relief As part of its weighing the equities while considering any request for an injunction that applies to any agency action as part of a forest management activity under this Act, the court reviewing the agency action shall balance the impact to the ecosystem likely affected by the forest management activity of— (1) the short- and long-term effects of undertaking the agency action; against (2) the short- and long-term effects of not undertaking the action. 802. Conditions on Forest Service road decommissioning (a) Consultation with affected county Whenever any Forest Service defined maintenance level one or two system road within a designated high fire prone area of a unit of the National Forest System is considered for decommissioning, the Forest Supervisor of that unit of the National Forest System shall— (1) consult with the government of the county containing the road regarding the merits and possible consequences of decommissioning the road; and (2) solicit possible alternatives to decommissioning the road. (b) Regional Forester approval A Forest Service road described in subsection (a) may not be decommissioned without the advance approval of the Regional Forester. 803. Prohibition on application of Eastside Screens requirements on National Forest System lands On and after the date of the enactment of this Act, the Secretary of Agriculture may not apply to National Forest System lands any of the amendments to forest plans adopted in the Decision Notice for the Revised Continuation of Interim Management Direction Establishing Riparian, Ecosystem and Wildlife Standards for Timber Sales (commonly known as the Eastside Screens requirements), including all preceding or associated versions of these amendments. 804. Use of site-specific forest plan amendments for certain projects and activities If the Secretary concerned determines that, in order to conduct a project or carry out an activity implementing a forest plan, an amendment to the forest plan is required, the Secretary concerned shall execute such amendment as a nonsignificant plan amendment through the record of decision or decision notice for the project or activity. 805. Knutson-Vandenberg Act modifications (a) Deposits of funds from national forest timber purchasers required Section 3(a) of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b(a)), is amended by striking The Secretary and all that follows through any purchaser and inserting the following: The Secretary of Agriculture shall require each purchaser. (b) Conditions on use of deposits Section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is amended— (1) by striking Such deposits and inserting the following: (b) Amounts deposited under subsection (a) ; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting before subsection (d), as so redesignated, the following new subsection (c): (c) (1) Amounts in the special fund established pursuant to this section— (A) shall be used exclusively to implement activities authorized by subsection (a); and (B) may be used anywhere within the Forest Service Region from which the original deposits were collected. (2) The Secretary of Agriculture may not deduct overhead costs from the funds collected under subsection (a), except as needed to fund personnel of the responsible Ranger District for the planning and implementation of the activities authorized by subsection (a). . 806. Exclusion of certain National Forest System lands and public lands Unless specifically provided by a provision of this Act, the authorities provided by this Act do not apply with respect to any National Forest System lands or public lands— (1) that are included in the National Wilderness Preservation System; (2) that are located within an inventoried roadless area unless the forest management activity to be carried out under such authority is consistent with the forest plan applicable to the area; or (3) on which timber harvesting for any purpose is prohibited by statute.