,,ii #aaeth ,,congress #ast ,session ,s4 #agca ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #b1 #bjag ,mr4 ,thune introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to address the forest health crisis on ,national ,forest ,system land1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,forest ,management ,improvement ,act of #bjag4 #b4 ,definitions ,in this ,act3 7#a7 ,categorical exclusion ,the term categorical exclusion means an exclusion from the requirement to prepare an environmental assessment or an environmental impact statement under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7 for a category of forest management activities4 7#b7 ,forest management activity ,the term forest management activity means a project or activity carried out by the ,secretary on ,national ,forest ,system land4 7#c7 ,forest plan ,the term forest plan means a land and resource management plan prepared by the ,forest ,service in accordance with section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd74 7#d7 ,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#e7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service4 #c4 ,categorical exclusions 7a7 ,establishment of categorical exclusions 7#a7 ,early seral habitat creation ,a categorical exclusion is available to the ,secretary to conduct a forest management activity the purpose of which is the creation of an early seral habitat forest4 7#b7 ,wildlife habitat improvement ,a categorical exclusion is available to the ,secretary to conduct a forest management activity the purpose of which is the improvement of wildlife habitat4 7#c7 ,forest thinning ,a categorical exclusion is available to the ,secretary to conduct a forest management activity the purpose of which is commercial thinning of forest stands on suited timberland1 including-- 7,a7 the incidental removal of trees for landings1 skid trails1 and road clearing2 and 7,b7 the construction of a temporary road that is not longer than #a mile to carry out that commercial thinning4 7#d7 ,salvage of dead and dying trees ,a categorical exclusion is available to the ,secretary to conduct a forest management activity the purpose of which is the salvage of trees that are dead1 dying1 or both1 and were damaged by wind1 an ice storm1 fire1 or another event1 including-- 7,a7 the incidental removal of trees for landings1 skid trails1 and road clearing2 and 7,b7 the construction of a temporary road that is not longer than #a mile to carry out that salvage of trees4 7b7 ,acreage limitations ,forest management activities using the categorical exclusions under each of paragraphs 7#a7 through 7#d7 of subsection 7a7 may be conducted on not more than #aj1jjj acres of ,national ,forest ,system land for each categorical exclusion4 7c7 ,extraordinary circumstances ,the ,secretary may apply the extraordinary circumstances procedures under section #bbj4f of title #cf1 ,code of ,federal ,regulations 7or successor regulations71 in determining whether to use a categorical exclusion under subsection 7a74 7d7 ,consistency ,in carrying out forest management activities using the categorical exclusions under subsection 7a71 the ,secretary shall ensure that the forest management activities are consistent with the applicable forest plans4 7e7 ,cumulative impacts ,the ,secretary shall not be required to conduct a cumulative impact analysis in an environmental document prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for a forest management activity carried out using a categorical exclusion made available to the ,secretary under subsection 7a7 or any other provision of law 7including regulations74 7f7 ,expansion of categorical exclusion for insect and disease infestation 7#a7 ,permanent authority ,section #fjb7;f7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;a7f77 is amended by striking each of fiscal years #bjad through #bjbd4 and inserting each fiscal year44 7#b7 ,administrative review ,section #fjc of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;b7 is amended-- 7,a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking described in subsection 7b72 7,b7 by striking subsection 7b72 7,c7 by redesignating subsections 7c7 through 7g7 as subsections 7b7 through 7f71 respectively2 and 7,d7 in subsection 7b7 7as so redesignated7-- 7i7 in paragraph 7#a71 by striking #cjjj and inserting #aj1jjj2 and 7ii7 in paragraph 7#b71 by striking shall be in the matter preceding subparagraph 7,a7 and all that follows through the period at the end of subparagraph 7,b7 and inserting may be carried out in any area designated under section #fjb7;b71 including areas in ,fire ,regime ,groups ,,iv and ,v44 #d4 ,expedited environmental review 7a7 ,environmental impact statements ,in an environmental impact statement prepared pursuant to section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77 for a forest management activity1 the ,secretary shall be required to study1 develop1 and describe only the following #b alternatives3 7#a7 ,the forest management activity4 7#b7 ,the alternative of no action4 7b7 ,environmental assessments ,in an environmental assessment prepared pursuant to section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77 for a forest management activity1 the ,secretary shall not be required to study1 develop1 and describe the alternative of no action4 #e4 ,good neighbor authority 7a7 ,in general ,section #hbjf7;a77#c77;,b77i7 of the ,agricultural ,act of #bjad 7#af ,u4,s4,c4 #baac;a7a77#c77;,b77i77 is amended by striking or permanent4 7b7 ,repeal ,section #cca of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #bjja 7#af ,u4,s4,c4 #ajaa note7 is repealed4 #f4 ,stewardship end result contracting projects ,section #fjd of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c7 is amended-- 7#a7 in subsection 7c71 by adding at the end the following3 7#h7 ,retention of existing wood products infrastructure4 2 7#b7 in subsection 7d77#a71 by inserting 1 or lowest-cost-technically-acceptable1 after best-value2 and 7#c7 in subsection 7e77#b77;,a71 by inserting 1 subject to the condition that #be percent of the gross receipts shall be disbursed to the county in which the project site is located before 2 and4 #g4 ,litigation relief ,section #ajf of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaf7 is amended-- 7#a7 by redesignating subsections 7a7 through 7c7 as subsections 7b7 through 7d71 respectively2 7#b7 by inserting before subsection 7b7 7as so redesignated7 the following3 7a7 ,definition of covered project ,in this section1 the term covered project means-- 7#a7 with respect to a project on land of the ,national ,forest ,system described in section #c7a77;,a71 any vegetation management project carried out by the ,secretary of ,agriculture1 except on land on which vegetation management is prohibited by law or the applicable land and resource management plan described in section #aja7ac77;,a72 and 7#b7 with respect to public lands described in section #c7a77;,b71 an authorized hazardous fuels reduction project conducted under this title4 2 7#c7 in subsection 7b7 7as so redesignated7-- 7,a7 by striking an authorized hazardous fuels reduction project conducted under this title and inserting a covered project2 and 7,b7 by striking the authorized hazardous fuels reduction project and inserting the covered project2 7#d7 in subsection 7c7 7as so redesignated71 by striking subsection 7a7 and inserting subsection 7b72 7#e7 in subsection 7d7 7as so redesignated7-- 7,a7 in paragraph 7#a71 by striking an authorized hazardous fuel reduction project carried out under this title and inserting a covered project2 7,b7 in paragraph 7#b77;,b71 by striking authorized hazardous fuel reduction project and inserting covered project2 and 7,c7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by striking an authorized hazardous fuel reduction project and inserting a covered project2 and 7#f7 by adding at the end the following3 7e7 ,forest ,service pilot arbitration program 7#a7 ,establishment 7,a7 ,in general ,the ,secretary of ,agriculture 7referred to in this subsection as the ,secretary7 shall establish within the ,forest ,service a pilot arbitration program 7referred to in this subsection as the program7 to designate any of the projects described in paragraph 7#b7 for an alternative dispute resolution procedure to replace judicial review of the projects4 7,b7 ,designation process and arbitration procedure ,the ,secretary shall-- 7i7 establish a process for the designation of projects and an alternative dispute resolution procedure for the program in accordance with this subsection2 and 7ii7 publish in the ,federal ,register the process and procedure described in clause 7i74 7#b7 ,description of projects ,the ,secretary may designate for the program projects for-- 7,a7 vegetation management2 7,b7 forest thinning2 7,c7 hazardous fuels reduction2 and 7,d7 any other project1 as determined by the ,secretary4 7f7 ,costs and fees 7#a7 ,in general ,in awarding fees or other expenses under section #bdab of title #bh1 ,united ,states ,code1 for a civil action relating to a covered project1 the court shall-- 7,a7 restrict the award to reasonable hourly reimbursements2 and 7,b7 ensure that the award is not granted to-- 7i7 a party other than a prevailing party2 or 7ii7 a person that has substantial financial resources4 7#b7 ,regulations ,the ,secretary shall promulgate regulations for what constitutes-- 7,a7 reasonable hourly reimbursements under paragraph 7#a77;,a72 and 7,b7 substantial financial resources under paragraph 7#a77;,b77ii74 4