,,ii #aaeth ,,congress #ast ,session ,s4 #hgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #f 7legislative day1 ,april #d71 #bjag,mr4 ,barrasso 7for himself1 ,mr4 ,flake1 ,mr4 ,mc,cain1 and ,mr4 ,enzi7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,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 ,national ,forest ,ecosystem ,improvement ,act of #bjag4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,forest management activities,sec4 #aja4 ,purposes4,sec4 #ajb4 ,definitions4,sec4 #ajc4 ,ecosystem restoration projects4,sec4 #ajd4 ,national restoration treatment acreage4,sec4 #aje4 ,environmental review for ecosystem restoration projects4,sec4 #ajf4 ,alternative dispute resolution4,sec4 #ajg4 ,bonding requirements for judicial review4,sec4 #ajh4 ,performance measures2 annual reports4,,title ,,ii--,categorical exclusions ,sec4 #bja4 ,definitions4,sec4 #bjb4 ,categorical exclusion to expedite certain critical response actions4,sec4 #bjc4 ,categorical exclusion to expedite salvage operations in response to catastrophic events4,sec4 #bjd4 ,categorical exclusion to meet forest plan goals for early successional forests4,sec4 #bje4 ,alternative agency consultation procedures4 #b4 ,definitions ,in this ,act3 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 ,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 ,i ,forest management activities #aja4 ,purposes ,the purposes of this title are-- 7#a7 to establish a reliable and predicable timber supply from the ,national ,forest ,system that can be harvested1 processed1 and sold as wood products to help fund ecosystem restoration2 and 7#b7 to expedite and prioritize forest management activities to achieve ecosystem restoration objectives4 #ajb4 ,definitions ,in this title3 7#a7 ,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 subparagraph 7,a7 relating to-- 7i7 timber harvesting2 7ii7 thinning2 7iii7 prescribed fire2 or 7iv7 other vegetation manipulation in the ,national ,forest ,system4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service4 #ajc4 ,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 #a 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 #ajd4 ,national restoration treatment acreage 7a7 ,in general ,for fiscal year #bjah and each fiscal year thereafter1 the ,secretary shall accomplish restoration treatments1 at a minimum1 on the following acreage throughout the ,national ,forest ,system3 7#a7 #a1jjj1jjj acres of restoration treatment using mechanical treatment methods1 of which the treatment of-- 7,a7 not less than #djj1jjj acres shall be conducted using commercial thinning2 and 7,b7 not less than #fj1jjj acres shall be conducted using even-aged management techniques4 7#b7 #a1jjj1jjj acres of restoration treatment using prescribed fire4 7b7 ,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 7c7 ,publication ,as soon as practicable after the date of each assignment of acreage for restoration treatments under subsection 7b71 the ,secretary shall publish the acreage that will apply1 by ,national ,forest ,system region1 on the ,internet website of the ,forest ,service4 #aje4 ,environmental review for ecosystem restoration projects 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 ecosystem restoration project that accomplishes #a or more of the objectives identified in section #ajc7;a74 7b7 ,public notice and comment ,in preparing an environmental assessment for an ecosystem restoration 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 ecosystem restoration 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 ecosystem restoration 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 #ajf4 ,alternative dispute resolution 7a7 ,arbitration 7#a7 ,in general ,the ,secretary shall establish within the ,forest ,service an arbitration 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 an ecosystem restoration 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 at the sole discretion of the ,secretary1 may designate the following types of ecosystem restoration projects for arbitration3 7#a7 ,projects developed through a collaborative process 7within the meaning of section #fjc7;b77#a77;,c7 of the ,healthy ,forest ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;b7b77#a77;,c7774 7#b7 ,projects identified in a community wildfire protection plan4 7#c7 ,for each applicable calendar year1 not more than #b other types of ecosystem restoration projects for each region of the ,forest ,service4 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 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 an ecosystem restoration 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 an ecosystem restoration 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 ecosystem restoration project that describes each modification sought by the objector with respect to the ecosystem restoration 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 an ecosystem restoration project under this section2 but 7,b7 may consolidate into a single arbitration all demands for arbitration by all objectors with respect to an ecosystem restoration 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 ecosystem restoration project1 as approved by the ,secretary2 or 7,b7 an alternative proposal submitted by the applicable objector4 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 ecosystem restoration 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 #ajg4 ,bonding requirements for judicial review 7a7 ,bond requirement 7#a7 ,in general ,the judicial review of an action challenging an ecosystem restoration project under this title 7referred to in this section as an action7 shall be subject to the bonding requirements of this section4 7#b7 ,bond or security 7,a7 ,in general ,as soon as practicable after the date on which a complaint or appeal is filed to initiate an action1 each plaintiff shall post a bond or other security acceptable to the court in an amount equal to the anticipated costs1 expenses1 and attorney fees of the ,secretary as a defendant in the action1 in accordance with a reasonable estimate of the ,secretary4 7,b7 ,requirement ,all proceedings in an action shall be stayed until the bond or security required under subparagraph 7,a7 is posted4 7b7 ,recovery of litigation costs1 expenses1 and attorney fees 7#a7 ,motion for payment ,if the ,secretary prevails in an action1 the ,secretary shall submit to the court a motion for payment from the bond or other security posted under subsection 7a71 of the reasonable costs1 expenses1 and attorney fees incurred by the ,secretary as a defendant in the action4 7#b7 ,maximum recovery ,the total amount of costs1 expenses1 and attorney fees recovered by the ,secretary under paragraph 7#a7 may not exceed the amount of the bond or other security posted in the action4 7#c7 ,return remainder ,any funds remaining from the bond or other security posed under subsection 7a7 after the payment of costs1 expenses1 and attorney fees under paragraph 7#a7 shall be returned to the plaintiff that posted the bond or security in the action4 7c7 ,return of bond to prevailing plaintiff ,if the applicable court rules1 in a final enforcement judgment1 in favor of a plaintiff on all causes of each action of the plaintiff1 the court shall return to the plaintiff any bond or security posted by the plaintiff under subsection 7a71 plus any interest accruing during the period beginning on the date on which the bond or security was posted4 7d7 ,effect of settlement 7#a7 ,in general ,if an action in which a bond or security was posted is resolved by settlement between the ,secretary and the plaintiff1 the settlement agreement may provide for sharing of the costs1 expenses1 and attorney fees incurred by the parties to the action4 7#b7 ,deferral ,a settlement agreement under paragraph 7#a7 may defer the resolution of costs1 expenses1 and attorney fees to-- 7,a7 further negotiation2 or 7,b7 decision by the court4 #ajh4 ,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 title1 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 #ajd7;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 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 ecosystem restoration projects that are subject to arbitration under section #ajf2 and 7,b7 the outcomes of the arbitrations under that section4 ,,ii ,categorical exclusions #bja4 ,definitions ,in this title3 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 exception to the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for a project or activity relating to the management of ,national ,forest ,system land4 7#c7 ,collaborative process ,the term collaborative process means a process relating to the management of ,national ,forest ,system land by which a project or activity is developed and implemented by the ,secretary through collaboration with interested persons1 as described in section #fjc7;b77#a77;,c7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;b7b77#a77;,c774 7#d7 ,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#e7 ,forest plan ,the term forest plan means a land and resource management plan prepared by the ,forest ,service for a unit of the ,national ,forest ,system pursuant to section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd74 7#f7 ,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 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture 7acting through the ,chief of the ,forest ,service74 #bjb4 ,categorical exclusion to expedite certain critical response actions 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-- 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 or 7#g7 any combination of the purposes specified in paragraphs 7#a7 through 7#f74 7b7 ,acreage limitations 7#a7 ,in general ,except in the case of a forest management activity described in paragraph 7#b71 a forest management activity covered by the categorical exclusion granted by subsection 7a7 may not contain harvest units exceeding a total of #e1jjj acres4 7#b7 ,larger areas authorized ,a forest management activity covered by the categorical exclusion granted by subsection 7a7 may not contain harvest units exceeding a total of #ae1jjj acres if the forest management activity is-- 7,a7 developed through a collaborative process2 7,b7 proposed by a resource advisory committee 7as defined in section #bja of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaba772 or 7,c7 covered by a community wildfire protection plan4 #bjc4 ,categorical exclusion to expedite salvage operations in response to catastrophic events 7a7 ,availability of categorical exclusion ,a categorical exclusion is available to the ,secretary to develop and carry out a salvage operation as part of the restoration of ,national ,forest ,system land following a catastrophic event4 7b7 ,acreage limitations ,a salvage operation covered by the categorical exclusion granted by subsection 7a7 may not contain harvest units exceeding a total of #e1jjj acres4 7c7 ,additional requirements 7#a7 ,road construction ,a salvage operation covered by the categorical exclusion granted by subsection 7a7 may not include any permanent road construction4 7#b7 ,stream buffers ,a salvage operation covered by the categorical exclusion granted by subsection 7a7 shall comply with the standards and guidelines for stream buffers contained in the applicable forest plan1 unless the standards and guidelines are modified for a specific salvage operation as part of a categorical exclusion by the ,regional ,forester4 7#c7 ,reforestation plan ,a reforestation plan shall be developed under section #c of the ,act of ,june #i1 #aicj 7commonly known as the ,knutson-,vandenberg ,act7 7#af ,u4,s4,c4 #egf;b71 as part of a salvage operation covered by the categorical exclusion granted by subsection 7a74 #bjd4 ,categorical exclusion to meet forest plan goals for 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 to modify1 improve1 enhance1 or create early successional forests for wildlife habitat improvement and other purposes1 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 #e1jjj acres4 #bje4 ,alternative agency consultation procedures 7a7 ,forest management activities 7#a7 ,in general ,subject to paragraph 7#b71 for each forest management activity covered by a categorical exclusion granted by this title1 the ,secretary shall satisfy the applicable interagency consultation obligations under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 by achieving compliance with the alternative consultation procedures established in subpart ,d of part #djb of title #ej1 ,code of ,federal ,regulations 7or successor regulations74 7#b7 ,references ,for purposes of this subsection1 all references contained in subpart ,d of part #djb of title #ej1 ,code of ,federal ,regulations 7or successor regulations7-- 7,a7 to the term ,u4,s4 ,environmental ,protection ,agency or ,,epa shall be considered to be a reference to the ,secretary2 and 7,b7 to the term ,,fifra action shall be considered to be a reference to a forest management activity covered by a categorical exclusion granted by this title4 7b7 ,interim timelines ,until the date on which an alternative consultation agreement under subpart ,d of part #djb of title #ej1 ,code of ,federal ,regulations 7or successor regulations71 is entered into with respect to a forest management activity under subsection 7a7-- 7#a7 any formal or informal interagency consultation regarding the forest management activity shall be completed by not later than the date that is #cj days after the date on which the ,secretary submits a written request for consultation2 and 7#b7 a biological opinion or letter of concurrence1 as appropriate1 shall be issued by not later than the date that is #aj days after the date of completion of that consultation4