,,ii #aaeth ,,congress #ast ,session ,s4 #bjfh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #b1 #bjag,mr4 ,barrasso 7for himself1 ,mr4 ,hatch1 ,mr4 ,thune1 and ,mr4 ,daines7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to discourage litigation against the ,forest ,service and the ,bureau of ,land ,management relating to land management projects1 to require the ,secretary of the ,interior to develop a categorical exclusion for covered vegetative management activities carried out to establish or improve habitat for greater sage-grouse and mule deer1 to address the forest health crisis on ,national ,forest ,system land1 to expedite and prioritize forest management activities to achieve ecosystem restoration objectives1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,wildfire ,prevention and ,mitigation ,act of #bjag4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definition of ,secretary4 ,,title ,i--,litigation relief for forest management projects ,sec4 #aja4 ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd4 ,sec4 #ajb4 ,federal ,land ,policy and ,management ,act of #aigf4 ,,title ,,ii--,sage-grouse and mule deer habitat conservation and restoration ,sec4 #bja4 ,definitions4 ,sec4 #bjb4 ,improvement of habitat for greater sage-grouse and mule deer4 ,,title ,,iii--,forest habitat and ecosystem improvement ,sec4 #cja4 ,definitions4 ,subtitle ,a--,general provisions ,sec4 #caa4 ,environmental assessments4 ,sec4 #cab4 ,good neighbor authority4 ,sec4 #cac4 ,stewardship end result contracting projects4 ,sec4 #cad4 ,pilot alternative dispute process4 ,subtitle ,b--,ecosystem restoration ,sec4 #cba4 ,definitions4 ,sec4 #cbb4 ,ecosystem restoration projects4 ,sec4 #cbc4 ,national restoration treatment acreage4 ,sec4 #cbd4 ,performance measures2 annual reports4 ,subtitle ,c--,categorical exclusions ,sec4 #cca4 ,definitions4 ,sec4 #ccb4 ,categorical exclusion to expedite certain critical response actions4 ,sec4 #ccc4 ,categorical exclusion to meet forest plan goals for early seral and early successional forests4 ,sec4 #ccd4 ,categorical exclusion to improve wildlife habitats4 ,sec4 #cce4 ,categorical exclusion to thin forests4 ,sec4 #ccf4 ,expansion of categorical exclusion for insect and disease infestation4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service4 ,i ,litigation relief for forest management projects #aja4 ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7a7 ,consultation regarding land management plans ,section #f7;d7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd7;d77 is amended-- 7#a7 by striking 7d7 ,the ,secretary and inserting the following3 7d7 ,public participation and consultation 7#a7 ,in general ,the ,secretary 2 and 7#b7 by adding at the end the following3 7#b7 ,no additional consultation required after approval of land management plans 7,a7 ,in general ,notwithstanding any other provision of law1 the ,secretary shall not be required to engage in consultation under this subsection or any other provision of law 7including section #g of ,public ,law #ic-bje 7#af ,u4,s4,c4 #aecf7 and section #djb4af of title #ej1 ,code of ,federal ,regulations 7or a successor regulation77 with respect to-- 7i7 the listing of a species as threatened or endangered1 or a designation of critical habitat pursuant to ,public ,law #ic-bje 7#af ,u4,s4,c4 #aeca et seq471 if a land management plan has been adopted by the ,secretary as of the date of listing or designation2 or 7ii7 any provision of a land management plan adopted as described in clause 7i74 7,b7 ,effect of paragraph ,nothing in this paragraph affects any applicable requirement of the ,secretary to consult with the head of any other ,federal department or agency-- 7i7 regarding any project to implement a land management plan1 including a project carried out1 or proposed to be carried out1 in an area designated as critical habitat pursuant to ,public ,law #ic-bje 7#af ,u4,s4,c4 #aeca et seq472 or 7ii7 with respect to the development of a modification to a land management plan that would result in a significant change 7within the meaning of subsection 7f77#d77 in the land management plan4 4 7b7 ,definition of ,secretary2 conforming amendments 7#a7 ,definition of ,secretary ,section #c7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afja7;a77 is amended1 in the first sentence of the matter preceding paragraph 7#a71 by inserting 7referred to in this ,act as the ,secretary7 after ,secretary of ,agriculture4 7#b7 ,conforming amendments ,the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjj et seq47 is amended1 in sections #d through #i1 #ab1 #ac1 and #ae1 by striking ,secretary of ,agriculture each place it appears and inserting ,secretary4 #ajb4 ,federal ,land ,policy and ,management ,act of #aigf ,section #bjb7;f7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab7;f77 is amended-- 7#a7 by striking 7f7 ,the ,secretary and inserting the following3 7f7 ,public involvement 7#a7 ,in general ,the ,secretary 2 and 7#b7 by adding at the end the following3 7#b7 ,no additional consultation required after approval of land use plans 7,a7 ,in general ,notwithstanding any other provision of law1 the ,secretary shall not be required to engage in consultation under this subsection or any other provision of law 7including section #g of ,public ,law #ic-bje 7#af ,u4,s4,c4 #aecf7 and section #djb4af of title #ej1 ,code of ,federal ,regulations 7or a successor regulation771 with respect to-- 7i7 the listing of a species as threatened or endangered1 or a designation of critical habitat1 pursuant to ,public ,law #ic-bje 7#af ,u4,s4,c4 #aeca et seq471 if a land use plan has been adopted by the ,secretary as of the date of listing or designation2 or 7ii7 any provision of a land use plan adopted as described in clause 7i74 7,b7 ,effect of paragraph 7i7 ,definition of significant change ,in this subparagraph1 the term significant change means a significant change within the meaning of section #bai4ac7;b77#c7 of title #cf1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this subparagraph71 except that-- 7,i7 any reference contained in that section to a land management plan shall be deemed to be a reference to a land use plan2 7,,ii7 any reference contained in that section to the ,forest ,service shall be deemed to be a reference to the ,bureau of ,land ,management2 and 7,,iii7 any reference contained in that section to the ,national ,forest ,management ,act of #aigf 7,public ,law #id-ehh2 #ij ,stat4 #bidi7 shall be deemed to be a reference to this ,act4 7ii7 ,effect ,nothing in this paragraph affects any applicable requirement of the ,secretary to consult with the head of any other ,federal department or agency-- 7,i7 regarding a project carried out1 or proposed to be carried out1 with respect to a species listed as threatened or endangered1 or in an area designated as critical habitat1 pursuant to ,public ,law #ic-bje 7#af ,u4,s4,c4 #aeca et seq472 or 7,,ii7 with respect to the development of a new land use plan or the revision of or other significant change to an existing land use plan4 4 ,,ii ,sage-grouse and mule deer habitat conservation and restoration #bja4 ,definitions ,in this title3 7#a7 ,covered vegetation management activity 7,a7 ,in general ,the term covered vegetation management activity means any activity described in subparagraph 7,b7 that-- 7i7 meets the objectives of the order of the ,secretary numbered #cccf and dated ,january #e1 #bjae2 7ii7 conforms to an applicable land use plan2 7iii7 protects1 restores1 or improves greater sage-grouse or mule deer habitat2 7iv7 will not permanently impair-- 7,i7 the natural state of the treated area2 7,,ii7 outstanding opportunities for solitude2 7,,iii7 outstanding opportunities for primitive1 unconfined recreation2 7,,iv7 economic opportunities consistent with multiple-use management2 or 7,v7 the identified values of a unit of the ,national ,landscape ,conservation ,system2 and 7v7 7,i7 restores native vegetation following a natural disturbance2 7,,ii7 prevents the expansion into greater sage-grouse or mule deer habitat of-- 7aa7 juniper1 pion pine1 or any other conifer2 or 7bb7 nonnative or invasive vegetation2 7,,iii7 reduces the risk of loss of greater sage-grouse or mule deer habitat from wildfire or any other natural disturbance2 or 7,,iv7 provides emergency stabilization of soil resources after a natural disturbance4 7,b7 ,description of activities ,an activity referred to in subparagraph 7,a7 is-- 7i7 manual cutting and removal of juniper trees1 pion pine trees1 other conifers1 or other nonnative or invasive vegetation2 7ii7 mechanical mastication1 cutting1 or mowing1 mechanical piling and burning1 chaining1 broadcast burning1 or yarding2 7iii7 removal of cheat grass1 medusa head rye1 other nonnative vegetation1 or an invasive species2 7iv7 collection and seeding or planting of native vegetation using a manual1 mechanical1 or aerial method2 7v7 seeding of nonnative vegetation only for the purpose of emergency stabilization2 7vi7 use of an herbicide1 pesticide1 or biological control agent1 subject to the condition that the use shall be in accordance with applicable legal requirements1 ,federal agency procedures1 and land use plans2 7vii7 targeted livestock grazing to mitigate hazardous fuels and control noxious and invasive weeds2 7viii7 temporary removal of wild horses or burros in the area in which the activity is being carried out to ensure treatment objectives are met2 7ix7 modification or adjustment of permissible usage under an annual plan of use of a grazing permit issued by the ,secretary1 in coordination with the affected permit holder1 to achieve restoration treatment objectives2 7x7 installation of new1 or modification of existing1 fencing or water sources intended to control use or improve wildlife habitat2 or 7xi7 construction of temporary roads4 7,c7 ,exclusions ,the term covered vegetation management activity does not include-- 7i7 any activity conducted in a wilderness area or wilderness study area2 or 7ii7 any activity for the construction of a permanent road or permanent trail4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#c7 ,temporary road ,the term temporary road means a road that is-- 7,a7 authorized-- 7i7 by a contract1 permit1 lease1 other written authorization2 or 7ii7 pursuant to an emergency operation2 7,b7 not intended to be part of the permanent transportation system of a ,federal department or agency2 7,c7 not necessary for long-term resource management2 and 7,d7 designed in accordance with standards appropriate for the intended use of the road1 taking into consideration-- 7i7 safety2 7ii7 the cost of transportation2 and 7iii7 impacts to land and resources4 #bjb4 ,improvement of habitat for greater sage-grouse and mule deer 7a7 ,categorical exclusion 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall develop one or more categorical exclusions 7as defined in section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation77 for covered vegetative management activities carried out to establish or improve habitat for greater sage-grouse and mule deer4 7#b7 ,administration ,in developing and administering a categorical exclusion under paragraph 7#a71 the ,secretary shall-- 7,a7 be consistent with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,b7 apply the extraordinary circumstances procedures under section #bbj4f of title #cf1 ,code of ,federal ,regulations 7or a successor regulation71 in determining whether to use the categorical exclusion2 and 7,c7 consider-- 7i7 the relative efficacy of landscape-scale habitat projects2 7ii7 the likelihood of continued declines in the populations of greater sage-grouse and mule deer in the absence of landscape-scale vegetation management2 and 7iii7 the need for habitat restoration activities after wildfire or other natural disturbances4 7b7 ,long-,term monitoring and maintenance ,before commencing any covered vegetative management activity that is covered by a categorical exclusion under subsection 7a71 the ,secretary shall develop a long-term monitoring and maintenance plan1 covering at least the #bj-year period beginning on the date of commencement1 to ensure that management of the treated area does not degrade the habitat gains secured by the covered vegetative management activity4 7c7 ,disposal of vegetative material ,subject to applicable local restrictions1 any vegetative material resulting from a covered vegetation management activity that is covered by a categorical exclusion under subsection 7a7 may be-- 7#a7 used for-- 7,a7 fuel wood2 or 7,b7 other products2 or 7#b7 piled or burned1 or both4 7d7 ,treatment for temporary roads 7#a7 ,in general ,a temporary road constructed in connection with a covered vegetation management activity that is a categorical exclusion under subsection 7a7 shall be treated to ensure the reestablishment of native vegetative cover by artificial or natural means1 as necessary to minimize erosion from any area disturbed by the construction or use of the temporary road4 7#b7 ,requirement ,a treatment under paragraph 7#a7 shall be designed to reestablish vegetative cover-- 7,a7 as soon as practicable2 but 7,b7 not later than #aj years after the date of completion of the applicable covered vegetation management activity4 ,,iii ,forest habitat and ecosystem improvement #cja4 ,definitions ,in this title3 7#a7 ,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#b7 ,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 any forest reserve not created from the public domain2 or 7ii7 any national grassland or land utilization project administered under title ,,iii of the ,bankhead-,jones ,farm ,tenant ,act 7#g ,u4,s4,c4 #ajaj et seq474 ,a ,general provisions #caa4 ,environmental assessments 7a7 ,applicability of ,national ,environmental ,policy ,act of #aifi ,the ,secretary shall prepare an environmental assessment in accordance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for each project under this title4 7b7 ,public notice and comment ,in preparing an environmental assessment for a project under subsection 7a71 the ,secretary shall provide public notice of1 and an opportunity to comment regarding1 the applicable project4 7c7 ,consideration of alternatives ,the ,secretary shall study1 develop1 and describe in each environmental assessment under subsection 7a7-- 7#a7 the project as the proposed action2 and 7#b7 a no-action alternative1 the analysis of which shall include a description of the resulting environmental effects of taking no action on-- 7,a7 forest health2 7,b7 habitat diversity2 7,c7 wildfire potential2 7,d7 insect and disease potential2 7,e7 municipal water supplies2 and 7,f7 other economic and social factors4 7d7 ,limitations ,the ,secretary shall limit each environmental assessment under this section to a length of not more than #ajj pages4 7e7 ,deadline for completion 7#a7 ,in general ,not later than #ahj days after the date on which the ,secretary publishes a notice regarding an ecosystem restoration project in accordance with subsection 7b71 the ,secretary shall complete the environmental assessment for the project4 7#b7 ,no supplemental analysis required ,no supplemental analysis of an ecosystem restoration project that is the subject of an environmental assessment under paragraph 7#a7 shall be required after the date on which that environmental assessment is complete4 #cab4 ,good neighbor authority 7a7 ,in general ,section #hbjf of the ,agricultural ,act of #bjad 7#af ,u4,s4,c4 #baac;a7 is amended-- 7#a7 in subsection 7a77#c7-- 7,a7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 7,b7 by inserting after subparagraph 7,a7 the following3 7,b7 ,inclusion ,the term forest1 rangeland1 and watershed restoration services includes construction1 reconstruction1 repair1 or restoration of permanent roads4 2 and 7,c7 in subparagraph 7,c77i7 7as redesignated by subparagraph 7,a771 by striking or permanent2 and 7#b7 in subsection 7b7-- 7,a7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,permanent road closure 7,a7 ,in general ,the ,secretary may close a permanent road under a good neighbor agreement without carrying out with respect to the permanent road authorized restoration services if the permanent road would allow future access for firefighting or other appropriate agency use1 as determined by the applicable forest supervisor4 7,b7 ,intactness ,if a permanent road is closed under subparagraph 7,a71 the permanent road shall be closed to the public according to the applicable forest plan1 but shall remain intact4 4 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 #cac4 ,stewardship end result contracting projects 7a7 ,healthy forests restoration ,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 7d7-- 7,a7 in paragraph 7#a71 by inserting 1 or lowest-cost-technically-acceptable1 after best-value2 and 7,b7 by adding at the end the following3 7#h7 ,permanent road closure 7,a7 ,in general ,the ,secretary of ,agriculture may close a permanent road under a contract entered into under this section without achieving with respect to the permanent road the restoration activities included in the land management goals described in subsection 7c7 if the permanent road would allow future access for firefighting or other appropriate agency use1 as determined by the applicable forest supervisor4 7,b7 ,intactness ,if a permanent road is closed under subparagraph 7,a71 the permanent road shall be closed to the public according to the applicable forest plan1 but shall remain intact4 2 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 #cad4 ,pilot alternative dispute process 7a7 ,arbitration 7#a7 ,in general ,the ,secretary shall establish within the ,forest ,service a #e-year arbitration pilot program as an alternative dispute resolution process in lieu of judicial review for the projects described in subsection 7b74 7#b7 ,notification to objectors ,on issuance of an appeal response to an objection filed with respect to a project subject to an objection at the project level under part #bah of title #cf1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act71 the ,secretary shall notify each applicable individual or entity that submitted the objection 7referred to in this section as the objector7 that any further appeal may be subject to arbitration in accordance with this section4 7b7 ,description of projects ,the ,secretary1 in coordination with the head of the applicable ,region of the ,forest ,service1 may designate any type of project under this title for arbitration under this section4 7c7 ,arbitrators 7#a7 ,appointment ,the ,secretary shall develop and publish a list of not fewer than #bj individuals eligible to serve as arbitrators for the pilot program under this section4 7#b7 ,qualifications ,in order to be eligible to serve as an arbitrator under this subsection1 an individual shall be currently certified by the ,american ,arbitration ,association4 7d7 ,initiation of arbitration 7#a7 ,in general ,not later than #g days after the date of receipt of a notice of intent to file suit challenging a project1 the ,secretary shall notify each applicable objector and the court of jurisdiction that the project has been designated for arbitration in accordance with this section4 7#b7 ,demand for arbitration 7,a7 ,in general ,an objector that sought judicial review of a project that has been designated by the ,secretary for arbitration under this section may file a demand for arbitration in accordance with-- 7i7 sections #ega through #ehd of title #e1 ,united ,states ,code2 and 7ii7 this paragraph4 7,b7 ,requirements ,a demand for arbitration under subparagraph 7,a7 shall-- 7i7 be filed not later than the date that is #cj days after the date of the notification by the ,secretary under paragraph 7#a72 and 7ii7 include an alternative proposal to the applicable project that describes each modification sought by the objector with respect to the project4 7e7 ,selection of arbitrator ,for each arbitration commenced under this section1 the ,secretary and each applicable objector shall agree on a mutually acceptable arbitrator from the list published under subsection 7c77#a74 7f7 ,responsibilities of arbitrator 7#a7 ,in general ,an arbitrator selected under subsection 7e7-- 7,a7 shall address each demand filed for arbitration with respect to a project under this section2 but 7,b7 may consolidate into a single arbitration all demands for arbitration by all objectors with respect to a project4 7#b7 ,selection of proposals ,an arbitrator shall make a decision regarding each applicable demand for arbitration under this section by selecting-- 7,a7 the project1 as approved by the ,secretary2 7,b7 an alternative proposal submitted by the applicable objector2 or 7,c7 neither proposal4 7#c7 ,limitations 7,a7 ,administrative record ,a decision of an arbitrator under this subsection shall be based solely on the administrative record for the project4 7,b7 ,no modifications to proposals ,an arbitrator may not modify any proposal contained in a demand for arbitration of an objector under this section4 7g7 ,deadline for completion of arbitration ,not later than #ij days after the date on which a demand for arbitration is filed under subsection 7d77#b71 the arbitration process shall be completed4 7h7 ,effect of arbitration decision ,a decision of an arbitrator under this section-- 7#a7 shall not be considered to be a major ,federal action2 7#b7 shall be binding2 and 7#c7 shall not be subject to judicial review1 except as provided in section #aj7;a7 of title #i1 ,united ,states ,code4 7i7 ,termination of effectiveness ,the authority provided by this section terminates effective ,january #a1 #bjbc4 ,b ,ecosystem restoration #cba4 ,definitions ,in this subtitle3 7#a7 ,community wildfire protection plan ,the term community wildfire protection plan has the meaning given the term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74 7#b7 ,restoration 7,a7 ,in general ,the term restoration1 with respect to an ecosystem1 means to carry out any activity that helps to recover1 establish1 or maintain the resilience or adaptive capacity of an ecosystem4 7,b7 ,inclusions ,the term restoration includes any activity described in subsection 7a7 relating to-- 7i7 timber harvesting2 7ii7 thinning2 7iii7 prescribed fire2 or 7iv7 other vegetation manipulation in the ,national ,forest ,system4 #cbb4 ,ecosystem restoration projects 7a7 ,in general ,subject to subsection 7b71 the ,secretary shall identify1 prioritize1 and carry out ecosystem restoration projects on ,national ,forest ,system land in accordance with applicable land and resource management plans prepared by the ,secretary for units of the ,national ,forest ,system under section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd71 if any1 to accomplish one or more of the following objectives3 7#a7 ,to restore terrestrial habitat4 7#b7 ,to sustain water quality1 water flows1 or watershed health and function4 7#c7 ,to create1 improve1 or increase early seral habitat4 7#d7 ,to carry out a needed timber stand improvement4 7#e7 ,to reduce the risk or extent of insect or disease infestation4 7#f7 ,to reduce wildland fire severity potential4 7#g7 ,to implement a community wildfire protection plan4 7#h7 ,to establish1 recover1 or maintain ecosystem resiliency4 7b7 ,exclusions ,the ,secretary may not carry out an ecosystem restoration project under this section on any area of ,national ,forest ,system land-- 7#a7 that is a component of the ,national ,wilderness ,preservation ,system2 or 7#b7 on which removal of vegetation is prohibited by law4 #cbc4 ,national restoration treatment acreage 7a7 ,in general ,for fiscal year #bjah and each fiscal year thereafter1 the ,secretary shall establish a #e-year schedule to achieve the ecosystem restoration objectives described in section #cbb7;a74 7b7 ,schedule goals ,the schedule established under subsection 7a7 shall-- 7#a7 by the end of the first #e-year period1 result in at least a doubling of the acres subject to an ecosystem restoration project under this subtitle1 as compared to the number of acres subject to an ecosystem restoration project in fiscal year #bjag2 and 7#b7 be consistent with any applicable forest plan4 7c7 ,assignment ,not later than #ij days after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall assign the annual acreage for restoration treatments1 by ,national ,forest ,system region1 described in subsection 7a74 7d7 ,publication ,as soon as practicable after the date of each assignment of acreage for restoration treatments under subsection 7c71 the ,secretary shall publish the acreage that will apply1 by ,national ,forest ,system region1 on the ,internet website of the ,forest ,service4 #cbd4 ,performance measures2 annual reports 7a7 ,performance measures ,the ,secretary shall annually evaluate the degree to which the ,secretary is achieving-- 7#a7 the purposes of this subtitle1 including-- 7,a7 the number of acres covered by ecosystem restoration projects2 7,b7 the number of acres treated by mechanical methods under ecosystem restoration projects2 7,c7 the number of acres treated using stewardship contracts and stewardship agreements under ecosystem restoration projects2 7,d7 the number of acres treated using timber sales under ecosystem restoration projects2 7,e7 the number of acres treated by prescribed fire1 mowing1 and other noncommercial product producing activities under ecosystem restoration projects2 and 7,f7 to the extent practicable1 a summary of acres receiving more than #a type of treatment2 and 7#b7 the acreage requirements established under section #cbc7;b77#a74 7b7 ,annual reports ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources and the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives-- 7#a7 a report that describes1 with respect to the preceding year1 the results of evaluations using the performance measures described in subsection 7a72 and 7#b7 a report that describes1 with respect to the preceding year-- 7,a7 the number and substance of projects that are subject to arbitration under section #cad2 and 7,b7 the outcomes of the arbitrations under that section4 ,c ,categorical exclusions #cca4 ,definitions ,in this subtitle3 7#a7 ,catastrophic event ,the term catastrophic event means any natural disaster 7such as hurricane1 tornado1 windstorm1 snow or ice storm1 rain storm1 high water1 wind-driven water1 tidal wave1 earthquake1 volcanic eruption1 landslide1 mudslide1 drought1 or insect or disease outbreak71 or any fire1 flood1 or explosion1 regardless of cause4 7#b7 ,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#c7 ,forest management activity ,the term forest management activity means a project or activity carried out by the ,secretary on ,national ,forest ,system land1 consistent with the forest plan covering that land4 7#d7 ,salvage operation ,the term salvage operation means a forest management activity carried out in response to a catastrophic event1 the primary purpose of which is-- 7,a7 to prevent wildfire as a result of the catastrophic event1 or1 if the catastrophic event was wildfire1 to prevent a reburn of the fire-impacted area2 7,b7 to provide an opportunity for use of forest materials damaged as a result of the catastrophic event2 or 7,c7 to provide a funding source for reforestation and other restoration activities for the ,national ,forest ,system land impacted by the catastrophic event4 #ccb4 ,categorical exclusion to expedite certain critical response actions 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall develop a categorical exclusion 7as defined in section #aejh4d of title #dj1 ,code of ,federal ,regulations 7or a successor regulation77 to carry out a forest management activity on ,national ,forest ,system land in any case in which at least #b of the primary purposes of the forest management activity are-- 7#a7 to address an insect or disease infestation2 7#b7 to treat land at risk of insect or disease infestation2 7#c7 to reduce hazardous fuel loads2 7#d7 to protect a municipal water source2 7#e7 to maintain1 enhance1 or modify critical habitat to protect the habitat from catastrophic disturbances2 7#f7 to increase water yield2 7#g7 to achieve salvage operation objectives2 or 7#h7 any combination of the purposes specified in paragraphs 7#a7 through 7#g74 7b7 ,administration ,in developing and administering a categorical exclusion under subsection 7a71 the ,secretary shall-- 7#a7 be consistent with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7#b7 apply the extraordinary circumstances procedures under section #bbj4f of title #cf1 ,code of ,federal ,regulations 7or a successor regulation71 in determining whether to use the categorical exclusion4 #ccc4 ,categorical exclusion to meet forest plan goals for early seral and early successional forests 7a7 ,availability of categorical exclusion ,a categorical exclusion is available to the ,secretary to develop and carry out a forest management activity on ,national ,forest ,system land in any case in which the primary purpose of the forest management activity is modifying1 improving1 enhancing1 or creating an early seral or early successional forest1 in accordance with the applicable forest plan4 7b7 ,acreage limitations ,a forest management activity covered by the categorical exclusion granted by subsection 7a7 may not contain harvest units exceeding a total of #f1jjj acres4 7c7 ,extraordinary circumstances ,the ,secretary may apply the extraordinary circumstances procedures under section #bbj4f of title #cf1 ,code of ,federal ,regulations 7or a successor regulation71 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 #ccd4 ,categorical exclusion to improve wildlife habitats 7a7 ,availability of categorical exclusion ,a categorical exclusion is available to the ,secretary to conduct a forest management activity the purpose of which is the improvement of wildlife habitat4 7b7 ,acreage limitations ,a forest management activity covered by the categorical exclusion granted by subsection 7a7 may not contain harvest units exceeding a total of #f1jjj acres4 7c7 ,extraordinary circumstances ,the ,secretary may apply the extraordinary circumstances procedures under section #bbj4f of title #cf1 ,code of ,federal ,regulations 7or a successor regulation71 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 #cce4 ,categorical exclusion to thin forests 7a7 ,availability of categorical exclusion ,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 7b7 ,acreage limitations ,a forest management activity covered by the categorical exclusion granted by subsection 7a7 may not contain harvest units exceeding a total of #f1jjj acres4 7c7 ,extraordinary circumstances ,the ,secretary may apply the extraordinary circumstances procedures under section #bbj4f of title #cf1 ,code of ,federal ,regulations 7or a successor regulation71 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 #ccf4 ,expansion of categorical exclusion for insect and disease infestation 7a7 ,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 7b7 ,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-- 7,a7 in paragraph 7#a71 by striking #cjjj and inserting #f1jjj2 and 7,b7 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