,i #aagth ,,congress #ast ,session ,h4 ,r4 #dcjb ,,in ,,the ,,house ,,of ,,representatives ,july #a1 #bjba ,mrs4 ,boebert 7for herself1 ,mr4 ,buck1 ,mr4 ,carter of ,texas1 ,mr4 ,cole1 ,mr4 ,gosar1 ,mr4 ,la,malfa1 ,mr4 ,lamborn1 ,mr4 ,mc,clintock1 ,mr4 ,newhouse1 ,mr4 ,obernolte1 ,mr4 ,rosendale1 ,mr4 ,sessions1 ,mr4 ,tiffany1 ,mr4 ,higgins of ,louisiana1 and ,mr4 ,moore of ,alabama7 introduced the following bill2 which was referred to the ,committee on ,agriculture1 and in addition to the ,committee on ,natural ,resources1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to address the bark beetle epidemic1 to reduce catastrophic wildfires in the highest risk areas1 to restore and improve the ecological integrity of forest1 grassland1 rangeland1 and watershed ecosystems across the ,united ,states through public and private partnerships with ,federal1 ,state1 local1 and ,tribal governments and private partners1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,active ,forest ,management1 ,wildfire ,prevention and ,community ,protection ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,national ,prescribed ,burn ,program ,sec4 #aja4 ,collaborative prescribed fire program4 ,sec4 #ajb4 ,large cross-boundary prescribed fire incentive program4 ,title ,,ii--,western ,bark ,beetle ,program ,sec4 #bja4 ,western bark beetle epidemic fund4 ,title ,,iii--,active ,management ,programs ,sec4 #cja4 ,use of hazardous fuels reduction or forest health projects for high-risk areas4 ,sec4 #cjb4 ,restoration and resilience partnership program4 ,sec4 #cjc4 ,vegetation management1 facility inspection1 and operation and maintenance relating to electric transmission and distribution facility rights of way4 ,sec4 #cjd4 ,selection and implementation of landscape-scale forest restoration projects4 ,title ,,iv--,forest ,reserve ,revenue ,area ,program ,sec4 #dja4 ,establishment of forest reserve revenue areas and annual volume requirements4 ,sec4 #djb4 ,management of forest reserve revenue areas4 ,sec4 #djc4 ,distribution of forest reserve revenues4 ,sec4 #djd4 ,annual report4 ,sec4 #dje4 ,secretary defined4 ,title ,v--,miscellaneous ,clarifications and ,adjustments ,sec4 #eja4 ,wilderness and wilderness study areas4 ,sec4 #ejb4 ,extension of stewardship contracting maximum term limits4 ,sec4 #ejc4 ,clarification of existing categorical exclusion authority related to insect and disease infestation4 ,title ,,vi--,analysis ,of ,proposed ,collaborative ,forest ,management ,activities ,sec4 #fja4 ,analysis of only two alternatives 7action versus no action7 in proposed collaborative forest management activities4 ,title ,,vii--,forest ,management ,litigation ,sec4 #gja4 ,no attorney's fees for forest management activity challenges4 ,sec4 #gjb4 ,injunctive relief 7balance of harms74 ,title ,,viii--,categorical ,exclusions ,sec4 #hja4 ,categorical exclusion for electric utility lines rights-of-way4 ,sec4 #hjb4 ,categorical exclusion for active forest management activities4 ,sec4 #hjc4 ,categorical exclusion to expedite certain critical response actions4 ,sec4 #hjd4 ,categorical exclusion to improve or restore national forest system lands or public land or reduce the risk of wildfire4 ,sec4 #hje4 ,categorical exclusion to expedite salvage operations in response to catastrophic events4 ,sec4 #hjf4 ,categorical exclusion for forest restoration4 ,sec4 #hjg4 ,categorical exclusion for infrastructure forest management activities4 ,sec4 #hjh4 ,categorical exclusion for developed recreation sites4 ,sec4 #hji4 ,establishment of fuel breaks in forests and other wildland vegetation4 ,title ,,ix--,definitions ,sec4 #ija4 ,definitions4 ,i ,national ,prescribed ,burn ,program #aja4 ,collaborative prescribed fire program ,subject to the availability of appropriations1 the ,secretary of the ,interior shall establish within the ,department of the ,interior a collaborative prescribed fire program to provide financial assistance to eligible entities1 including units of ,federal land management agencies1 counties1 ,states1 ,indian ,tribes1 and prescribed fire councils1 for the implementation of proposals for the conduct of prescribed fires in priority landscapes in accordance with applicable existing policies1 including the ,national ,cohesive ,wildland ,fire ,management ,strategy4 #ajb4 ,large cross-boundary prescribed fire incentive program ,subject to the availability of appropriations1 the ,secretary concerned shall establish an incentive program to encourage the implementation of large1 cross-boundary prescribed fires by providing incentive payments for conducting a qualified prescribed fire4 ,,ii ,western ,bark ,beetle ,program #bja4 ,western bark beetle epidemic fund 7a7 ,establishment ,there is established in the ,treasury a ,western ,bark ,beetle ,epidemic ,fund 7in this title referred to as the ,fund74 7b7 ,use ,amounts in the ,fund shall be used by the ,secretary concerned to remove or treat bark beetle-killed or infested trees in a western ,state specified by the ,secretary4 7c7 ,report ,not later than #gcj days after the date of the enactment of this ,act and every two years thereafter1 the ,secretary of ,agriculture and the ,secretary of the ,interior shall submit to the ,committee on ,agriculture of the ,house of ,representatives1 the ,committee on ,natural ,resources of the ,house of ,representatives1 the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate1 and the ,committee on ,energy and ,natural ,resources of the ,senate a report on-- 7#a7 the effectiveness of the ,fund2 7#b7 the number of bark beetle trees removed2 and 7#c7 the number of acres by agency of current high-risk bark beetle areas4 7d7 ,form of report ,the information required by subsection 7c7 to be provided with respect to the ,fund shall be presented on a single page for each western ,state4 7e7 ,authorization of appropriations ,in addition to amounts otherwise made available for the ,fund1 there is authorized to be appropriated for fiscal year #bjbb and each fiscal year thereafter1 #abf1cdf1dae1 adjusted for inflation as determined by the ,congressional ,budget ,office4 7f7 ,offset ,the amount appropriated from the ,treasury for the ,fund shall be offset by the revenues generated for the ,treasury from covered forest reserve projects to help carry out landscape-scale-forest restoration projects authorized by this ,act4 ,,iii ,active ,management ,programs #cja4 ,use of hazardous fuels reduction or forest health projects for high-risk areas 7a7 ,project proposals 7#a7 ,proposals authorized ,upon designation of a high-risk area in a ,state1 the ,governor of the ,state may provide for the development of proposed hazardous fuel reduction projects or forest health projects for the high-risk area4 7#b7 ,project criteria ,in preparing a proposed hazardous fuel reduction project or a forest health project1 the ,governor of a ,state and the ,secretary concerned shall-- 7,a7 take into account managing for rights of way1 protection of watersheds1 protection of wildlife and endangered species habitat1 safe-guarding water resources1 and protecting at-risk communities from wildfires2 and 7,b7 emphasize activities that thin the forest to provide the greatest health and longevity of the forest4 7b7 ,consultation ,in preparing a proposed hazardous fuel reduction project or a forest health project1 the ,governor of a ,state shall consult with county government from affected counties1 and with affected ,indian tribes4 7c7 ,submission and implementation ,the ,governor of a ,state shall submit proposed emergency hazardous fuel reduction projects and forest health projects to the ,secretary concerned for implementation4 #cjb4 ,restoration and resilience partnership program 7a7 ,purposes ,the purposes of this section are-- 7#a7 to restore and improve the ecological integrity of forest1 grassland1 and rangeland ecosystems across the ,united ,states in partnership with ,state1 local1 and ,tribal governments2 7#b7 to create or sustain outdoor jobs by reducing the backlog of restoration and resilience projects on ,federal land and non-,federal land2 7#c7 to improve the resilience and carrying capacity of rangelands in the ,united ,states by preventing or mitigating invasive species1 such as cheatgrass1 that contribute to rangeland fire2 and 7#d7 to reduce uncharacteristic wildfires in the highest risk areas of the ,united ,states by carrying out1 in accordance with applicable law1 restoration and resilience projects4 7b7 ,establishment ,there is established a ,restoration and ,resilience ,partnership ,program1 under which the ,secretary of ,agriculture shall carry out restoration and resilience projects in partnership areas designated under subsection 7c77#a74 7c7 ,designation of partnership areas 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall designate1 for the purposes of carrying out restoration and resilience projects under subsection 7d71 any areas of ,federal land and non-,federal land that the ,secretary determines to be appropriate4 7#b7 ,submission of partnership areas by states and tribes 7,a7 ,in general ,the ,governor of a ,state or an authorized representative of an ,indian ,tribe may submit to the ,secretary1 in writing1 a request to designate certain ,federal land or non-,federal land in the ,state or ,indian ,country1 respectively1 for restoration and resilience projects under subsection 7d74 7,b7 ,inclusions ,a written request submitted under subparagraph 7,a7 may include #a or more maps or recommendations4 7d7 ,requirements ,to be eligible for designation under subsection 7c71 an area shall-- 7#a7 have a high or very high wildfire potential as determined by-- 7,a7 the map of the ,forest ,service entitled ,wildfire ,hazard ,potential ,version #bjbj2 or 7,b7 any other mapping resource or data source approved by the ,secretary that depicts the risk of wildfires2 7#b7 have high-priority wildlife habitat urgently in need of restoration1 as determined by the ,secretary1 in consultation with eligible entities and the applicable ,governor or representative of an ,indian ,tribe2 or 7#c7 in the case of ,federal land1 be in the wildland-urban interface4 #cjc4 ,vegetation management1 facility inspection1 and operation and maintenance relating to electric transmission and distribution facility rights of way 7a7 ,hazard trees within #ejj feet of electric power line ,section #eab7;a77#a77;,b77ii7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #aggb7;a77#a77;,b77ii77 is amended by striking #aj and inserting #ejj4 7b7 ,consultation with private landowners ,section #eab7;c77#c77;,e7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #aggb7;c77#c77;,e77 is amended-- 7#a7 in clause 7i71 by striking and at the end2 7#b7 in clause 7ii71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7iii7 consulting with private landowners with respect to any hazard trees identified for removal from land owned by such private landowners4 4 7c7 ,review and approval process ,clause 7iv7 of section #eab7;c77#d77;,a7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #aggb7;c77#d77;,a77 is amended to read as follows3 7iv7 ensures that-- 7,i7 a plan submitted without a modification under clause 7iii7 shall be automatically approved #fj days after review2 and 7,,ii7 a plan submitted with a modification under clause 7iii7 shall be automatically approved #fg days after review4 4 #cjd4 ,selection and implementation of landscape-scale forest restoration projects 7a7 ,in general ,the ,secretary of ,agriculture shall select1 in accordance with this section1 landscape-scale forest restoration projects-- 7#a7 to implement on ,national ,forest ,system land2 and 7#b7 if applicable1 to implement on land adjoining ,national ,forest ,system land1 in coordination with other ,federal and non-,federal entities4 7b7 ,landscape assessment ,the project selected under to subsection 7a7 shall be based on a landscape assessment that shall cover a landscape of-- 7#a7 not less than #ajj1jjj acres1 except as provided in subparagraph 7,b7 and 7,c72 7#b7 not less than #hj1jjj acres1 if-- 7,a7 the assessment is completed or substantially completed on the date of the enactment of this ,act2 and 7,b7 the ,secretary determines that assessing a larger area is not necessary to restore the integrity1 resilience1 and fire regimes of the landscape2 or 7#c7 not less than #ej1jjj acres in the case of a project that is carried out east of the one-hundredth meridian4 7c7 ,eligibility requirements ,to be eligible for selection and implementation under subsection 7a71 a landscape-scale forest restoration project shall satisfy the following requirements3 7#a7 ,restore the ecological integrity and ecological resilience of terrestrial and aquatic areas that have departed from reference conditions within the forest landscape4 7#b7 ,restore appropriate natural fire regimes1 including by reducing fuel loads and modifying forest structure in areas that have departed from reference conditions4 7#c7 ,conduct wildfire risk reduction activities within the wildland-urban interface to the extent that the project includes lands within the wildland-urban interface4 ,,iv ,forest ,reserve ,revenue ,area ,program #dja4 ,establishment of forest reserve revenue areas and annual volume requirements 7a7 ,purpose ,the purpose of a ,forest ,reserve ,revenue ,area is to provide a dependable source of #be-percent payments and economic activity through sustainable forest management for each beneficiary county containing ,national ,forest ,system land4 7b7 ,establishment of forest reserve revenue areas ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary shall establish one or more ,forest ,reserve ,revenue ,areas within each unit of the ,national ,forest ,system4 7c7 ,fiduciary responsibility ,the ,secretary shall have a fiduciary responsibility to beneficiary counties to manage ,forest ,reserve ,revenue ,areas to satisfy the annual volume requirement4 7d7 ,determination of annual volume requirement ,not later than #cj days after the date of the establishment of a ,forest ,reserve ,revenue ,area1 the ,secretary shall determine the annual volume requirement for that ,forest ,reserve ,revenue ,area4 7e7 ,minimum ,the annual volume requirement for the ,forest ,revenue ,area shall be not less than #f1jjj1jjj1jjj ,board ,feet4 7f7 ,limitation on reduction of forest reserve revenue areas ,once a ,forest ,reserve ,revenue ,area is established under subsection 7a71 the ,secretary may not reduce the number of acres of ,national ,forest ,system land included in that ,forest ,reserve ,revenue ,area4 7g7 ,map ,the ,secretary shall provide a map of all ,forest ,reserve ,revenue ,areas established under subsection 7a7 for each unit of the ,national ,forest ,system-- 7#a7 to the ,committee on ,agriculture and the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7#b7 to the ,committee on ,agriculture1 ,nutrition1 and ,forestry and the ,committee on ,energy and ,natural ,resources of the ,senate4 7h7 ,recognition of valid and existing rights ,neither the establishment of ,forest ,reserve ,revenue ,areas under subsection 7a7 nor any other provision of this title shall be construed to limit or restrict-- 7#a7 access to ,national ,forest ,system land for hunting1 fishing1 recreation1 and other related purposes2 or 7#b7 valid and existing rights regarding ,national ,forest ,system land1 including rights of any federally recognized ,indian tribe4 #djb4 ,management of forest reserve revenue areas 7a7 ,requirement ,to achieve annual volume requirement ,the ,secretary shall manage the ,forest ,reserve ,revenue ,area established under section #dja in the manner necessary to achieve the annual volume requirement for the ,forest ,reserve ,revenue ,area4 7b7 ,timing ,the ,secretary is authorized and encouraged to commence covered forest reserve projects as soon as practicable after the date of the enactment of this ,act to begin generating forest reserve revenues4 7c7 ,application of ,,nepa ,except as provided in subsection 7d71 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 shall not apply to covered forest reserve projects under this section4 7d7 ,environmental analysis process for projects in forest reserve revenue areas 7#a7 ,environmental assessment ,the ,secretary shall give published notice and complete an environmental assessment pursuant to section #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77 for a covered forest reserve project proposed to be conducted within a ,forest ,reserve ,revenue ,area1 except that the ,secretary is not required to study1 develop1 or describe any alternative to the proposed agency action4 7#b7 ,cumulative effects ,the ,secretary shall consider cumulative effects solely by evaluating the impacts of a proposed covered forest reserve project combined with the impacts of any other projects that were approved with a ,decision ,notice or ,record of ,decision before the date on which the ,secretary published notice of the proposed covered project4 ,the cumulative effects of past projects may be considered in the environmental assessment by using a description of the current environmental conditions4 7#c7 ,length ,the environmental assessment prepared for a proposed covered forest reserve project shall not exceed #ajj pages in length4 ,the ,secretary may incorporate in the environmental assessment1 by reference1 any documents that the ,secretary determines1 in the sole discretion of the ,secretary1 are relevant to the assessment of the environmental effects of the covered project4 7#d7 ,deadline for completion ,the ,secretary shall complete the environmental assessment for a covered forest reserve project within #ahj days after the date on which the ,secretary published notice of the proposed covered project4 7#e7 ,treatment of decision notice ,the decision notice for a covered forest reserve project shall be considered a final agency action and no additional analysis under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcca et seq47 shall be required to implement any portion of the covered project4 7e7 ,application of land and resource management plan ,the ,secretary may modify the standards and guidelines contained in the land and resource management plan for the unit of the ,national ,forest ,system in which the covered forest reserve project will be carried out as necessary to achieve the requirements of this ,act4 ,section #f7;g77#c77;,e77iv7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd7;g77#c77;,e77iv77 shall not apply to a covered forest reserve project4 #djc4 ,distribution of forest reserve revenues 7a7 #be-,percent payments ,the ,secretary shall use forest reserve revenues generated by a covered forest reserve project to make #be percent payments to the one or more counties within the boundaries of which the revenue is derived1 to be allocated among the counties based on the percentage of land from which the revenue is derived4 7b7 ,payments in lieu of taxes ,a payment to a county under paragraph 7#a7 shall be in addition to a payment in lieu of taxes received by the county under chapter #fi of title #ca1 ,united ,states ,code4 7c7 ,secure rural schools ,a payment to a county under subsection 7a7 shall be in addition to a ,secure ,rural ,schools and ,community ,self-,determination ,act payment received by the county under section #ajb of the ,secure ,rural ,schools and ,community ,self-,determination ,act 7#af ,u4,s4,c4 #gaab74 7d7 ,deposit in knutson-,vandenberg and salvage sale funds ,in the case of funds remaining after the ,secretary makes the payments required in subsection 7a71 the ,secretary shall use forest reserve revenues to make deposits into the fund established under section #c of the ,act of ,june #i1 #aicj 7#af ,u4,s4,c4 #egf;b2 commonly known as the ,knutson-,vandenberg ,fund71 and the fund established under section #ad7;h7 of the ,national ,forest ,management ,act of #aigf 7#af ,u4,s4,c4 #dgb;a7h72 commonly known as the salvage sale fund7 in contributions equal to the monies otherwise collected under those ,acts for projects conducted on ,national ,forest ,system land4 7e7 ,authorization of appropriations ,there are authorized to be appropriated #be percent of all revenues generated for the ,treasury from covered forest reserve projects to help carry out landscape-scale-forest restoration projects authorized by this title4 7f7 ,deposit in general fund of the treasury ,in the case of funds remaining after the ,secretary makes the payments required in subsections 7a7 and 7b71 the ,secretary shall deposit remaining forest reserve revenues into the general fund of the ,treasury4 #djd4 ,annual report 7a7 ,report required ,not later than #fj days after the end of each fiscal year1 the ,secretary shall submit to ,congress an annual report specifying the annual volume requirement in effect for that fiscal year for each ,forest ,reserve ,revenue ,area1 the volume of board feet actually harvested for each ,forest ,reserve ,revenue ,area1 the average cost of preparation for timber sales1 the forest reserve revenues generated from such sales1 and the amount of receipts distributed to each beneficiary county4 7b7 ,form of report ,the information required by subsection 7a7 to be provided with respect to a ,forest ,reserve ,revenue ,area shall be presented on a single page and made available on the website of the ,united ,states ,forest ,service4 #dje4 ,secretary defined ,in this title1 the term ,secretary means the ,secretary of ,agriculture4 ,v ,miscellaneous ,clarifications and ,adjustments #eja4 ,wilderness and wilderness study areas ,the designation of a ,wilderness ,area or ,wilderness ,study ,area shall not interfere with the authority of the ,secretary concerned to authorize mechanical thinning of trees or underbrush to prevent or control the spread of wildfires1 or conditions creating the risk of wildfire that threatens areas outside the boundary of the wilderness1 or the use of mechanized equipment for wildfire pre-suppression and suppression4 #ejb4 ,extension of stewardship contracting maximum term limits ,section #fjd7;d7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c7d77 is amended by striking paragraph 7#c7 and inserting the following new paragraph3 7#c7 ,term ,the ,chief and the ,director may enter into a contract in accordance with section #cijc of title #da1 ,united ,states ,code4 4 #ejc4 ,clarification of existing categorical exclusion authority related to insect and disease infestation ,section #fjc7;c77#b77;,b7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;b7c77#b77;,b77 is amended by striking ,fire ,regime ,groups ,i1 ,,ii1 or ,,iii and inserting ,fire ,regime ,i1 ,fire ,regime ,,ii1 ,fire ,regime ,,iii1 ,fire ,regime ,,iv1 or ,fire ,regime ,v4 ,,vi ,analysis ,of ,proposed ,collaborative ,forest ,management ,activities #fja4 ,analysis of only two alternatives 7action versus no action7 in proposed collaborative forest management activities 7a7 ,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 #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7 for a forest management activity that-- 7#a7 is developed through a collaborative process2 7#b7 is proposed by a resource advisory committee2 7#c7 will occur on lands identified by the ,secretary concerned as suitable for timber production2 and 7#d7 will occur on lands designated by the ,secretary 7or a designee thereof7 pursuant to section #fjb7;b7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;a7b771 notwithstanding whether such forest management activity is covered by a community wildfire protection plan4 7b7 ,consideration of alternatives ,in an environmental assessment or environmental impact statement described in subsection 7a71 the ,secretary concerned shall study1 develop1 and describe only the following two alternatives3 7#a7 ,the forest management activity4 7#b7 ,the alternative of no action4 7c7 ,elements of no action alternative ,in the case of the alternative of no action1 the ,secretary concerned shall consider whether to evaluate-- 7#a7 the effect of no action on-- 7,a7 forest health2 7,b7 habitat diversity2 7,c7 wildfire potential2 7,d7 insect and disease potential2 and 7,e7 timber production2 and 7#b7 the implications of a resulting decline in forest health1 loss of habitat diversity1 wildfire1 or insect or disease infestation1 given fire and insect and disease historic cycles1 on-- 7,a7 domestic water supply in the project area2 7,b7 snowpack levels in the project area2 7,c7 wildlife habitat loss2 and 7,d7 other economic and social factors4 ,,vii ,forest ,management ,litigation #gja4 ,no attorney's fees for forest management activity challenges ,notwithstanding section #acjd of title #ca1 ,united ,states ,code1 no award may be made under section #bdab of title #bh1 ,united ,states ,code1 and no amounts may be obligated or expended from the ,claims and ,judgment ,fund of the ,treasury to pay any fees or other expenses under such sections to any plaintiff related to an action challenging a forest management activity or other authorization carried out pursuant to this ,act4 #gjb4 ,injunctive relief 7balance of harms7 7a7 ,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 or provision in this ,act1 the court reviewing the agency action shall balance the impact to the ecosystem likely affected by the forest management activity of-- 7#a7 the short- and long-term effects of undertaking the agency action2 against 7#b7 the short- and long-term effects of not undertaking the action4 7b7 ,time limitations for injunctive relief ,subject to paragraph 7#b71 the length of any preliminary injunctive relief and stays pending appeal that applies to any agency action as part of a forest management activity1 shall not exceed #fj days4 ,,viii ,categorical ,exclusions #hja4 ,categorical exclusion for electric utility lines rights-of-way 7a7 ,categorical exclusion ,forest management activities described in subsection 7b7 are a category of activities designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 7b7 ,forest management activities designated for categorical exclusion ,the forest management activities designated as being categorically excluded under subsection 7a7 are-- 7#a7 the development and approval of a vegetation management1 facility inspection1 and operation and maintenance plan submitted under section #eab7;c77#a7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #aggb7;c77#a77 by the ,secretary concerned2 and 7#b7 the implementation of routine activities conducted under the plan referred to in paragraph 7#a74 7c7 ,availability of categorical exclusion ,on and after the date of the enactment of this ,act1 the ,secretary concerned may use the categorical exclusion established under subsection 7a7 in accordance with this section4 7d7 ,extraordinary circumstances ,use of the categorical exclusion established under subsection 7a7 shall not be subject to the extraordinary circumstances procedures in section #bbj4f1 title #cf1 ,code of ,federal ,regulations1 or section #aejh4d1 title #dj1 ,code of ,federal ,regulations4 7e7 ,roads 7#a7 ,existing roads ,the ,secretary concerned may carry out necessary maintenance and repair on an existing permanent road for the purposes of conducting a forest management activity designated under subsection 7b74 7#b7 ,temporary roads ,the ,secretary concerned shall decommission any temporary road constructed for a forest management activity designated under subsection 7b7 not later than #c years after the date on which the action is completed4 7f7 ,applicable laws ,a forest management activity designated under subsection 7b7 shall not be subject to section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf71 section #ajf of the ,national ,historic ,preservation ,act1 or any other applicable law4 #hjb4 ,categorical exclusion for active forest management activities 7a7 ,coordination 7#a7 ,in general ,in conducting forest management activities1 the ,secretary concerned shall1 as appropriate1 coordinate with the ,administrator and ,state and local agencies and organizations1 including local fire departments and volunteer groups4 7#b7 ,goals ,the coordination of activities under subparagraph 7#a7 should aim to increase efficiencies and maximize the compatibility of management practices across public property boundaries4 7b7 ,multiple benefits 7#a7 ,in general ,in conducting forest management activities1 the ,secretary concerned shall conduct the activities in a manner that1 except as provided in subsection 7a77#b71 attains multiple ecosystem benefits1 including-- 7,a7 maintaining biological diversity2 7,b7 improving wetland and water quality1 including in ,stream ,environment ,zones2 and 7,c7 increasing resilience to changing water temperature and precipitation4 7#b7 ,exception ,notwithstanding subsection 7a77#b71 the attainment of multiple ecosystem benefits shall not be required if the ,secretary determines that management for multiple ecosystem benefits would excessively increase the cost of a program in relation to the additional ecosystem benefits gained from the management activity4 7c7 ,ground disturbance ,consistent with applicable ,federal law1 the ,secretary shall establish post-program ground condition criteria for ground disturbance caused by forest management activities4 7d7 ,availability of categorical exclusion for certain forest management projects ,a forest management activity conducted for the purpose of reducing forest fuels is categorically excluded from the requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 if the forest management activity-- 7#a7 notwithstanding section #dbc of the ,department of the ,interior1 ,environment1 and ,related ,agencies ,appropriations ,act1 #bjji 7division ,e of ,public ,law #aaa-h2 #abc ,stat4 #gdh71 does not exceed #aj1jjj acres1 including not more than #c1jjj acres of mechanical thinning2 and 7#b7 is developed-- 7,a7 in coordination with impacted parties1 specifically including representatives of local governments1 such as county supervisors or county commissioners2 and 7,b7 in consultation with other interested parties4 #hjc4 ,categorical exclusion to expedite certain critical response actions 7a7 ,categorical exclusion ,forest management activities described in subsection 7b7 are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 7b7 ,forest management activities designated for categorical exclusion ,the forest management activities designated under this section for a categorical exclusion are forest management activities carried out by the ,secretary concerned on ,national ,forest ,system lands or public lands where the primary purpose of such activity is-- 7#a7 to address an insect or disease infestation2 7#b7 to reduce hazardous fuel loads2 7#c7 to protect a municipal water source2 7#d7 to maintain1 enhance1 or modify critical habitat to protect it from catastrophic disturbances2 7#e7 to increase water yield2 7#f7 to facilitate native species restoration2 or 7#g7 any combination of the purposes specified in paragraphs 7#a7 through 7#f74 7c7 ,availability of categorical exclusion ,on and after the date of the enactment of this ,act1 the ,secretary concerned may use the categorical exclusion established under subsection 7a7 in accordance with this section4 7d7 ,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 established under subsection 7a7 may not contain treatment units exceeding a total of #aj1jjj acres4 7#b7 ,larger areas authorized ,a forest management activity covered by the categorical exclusion established under subsection 7a7 may contain treatment units exceeding a total of #aj1jjj acres but not more than a total of #cj1jjj acres if the forest management activity-- 7,a7 is developed through a collaborative process2 7,b7 is proposed by a resource advisory committee2 or 7,c7 is covered by a community wildfire protection plan4 #hjd4 ,categorical exclusion to improve or restore national forest system lands or public land or reduce the risk of wildfire 7a7 ,categorical exclusion ,forest management activities described in subsection 7b7 are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 7b7 ,forest management activities designated for categorical exclusion 7#a7 ,designation ,the forest management activities designated under this section for a categorical exclusion are forest management activities described in paragraph 7#b7 that are carried out by the ,secretary concerned on ,national ,forest ,system ,lands or public lands where the primary purpose of such activity is to improve or restore such lands or reduce the risk of wildfire on those lands4 7#b7 ,activities authorized ,the following activities may be carried out pursuant to the categorical exclusion established under subsection 7a73 7,a7 ,removal of juniper trees1 medusahead rye1 conifer trees1 pion pine trees1 ponderosa pine trees1 lodgepole pine trees1 limber pine trees1 ,douglas-fir trees1 cheatgrass1 and other noxious or invasive weeds specified on ,federal or ,state noxious weeds lists through late-season livestock grazing1 targeted livestock grazing1 prescribed burns1 and mechanical treatments4 7,b7 ,performance of hazardous fuels management4 7,c7 ,creation of fuel and fire breaks4 7,d7 ,modification of existing fences in order to distribute livestock and help improve wildlife habitat4 7,e7 ,installation of erosion control devices4 7,f7 ,construction of new and maintenance of permanent infrastructure1 including stock ponds1 water catchments1 and water spring boxes used to benefit livestock and improve wildlife habitat4 7,g7 ,performance of soil treatments1 native and non-native seeding1 and planting of and transplanting sagebrush1 grass1 forb1 shrub1 and other species4 7,h7 ,use of herbicides1 so long as the ,secretary concerned determines that the activity is otherwise conducted consistently with agency procedures1 including any forest plan applicable to the area covered by the activity4 7c7 ,availability of categorical exclusion ,on and after the date of the enactment of this ,act1 the ,secretary concerned may use the categorical exclusion established under subsection 7a7 in accordance with this section4 7d7 ,acreage limitations ,a forest management activity covered by the categorical exclusion established under subsection 7a7 may not exceed #aj1jjj acres4 7e7 ,definitions ,in this section3 7#a7 ,hazardous fuels management ,the term hazardous fuels management means any vegetation management activities that reduce the risk of wildfire4 7#b7 ,late-season grazing ,the term late-season grazing means grazing activities that occur after both the invasive species and native perennial species have completed their current-year annual growth cycle until new plant growth begins to appear in the following year4 7#c7 ,targeted livestock grazing ,the term targeted livestock grazing means grazing used for purposes of hazardous fuel reduction4 #hje4 ,categorical exclusion to expedite salvage operations in response to catastrophic events 7a7 ,categorical exclusion ,salvage operations carried out by the ,secretary concerned on ,national ,forest ,system lands or public lands are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 7b7 ,availability of categorical exclusion ,on and after the date of the enactment of this ,act1 the ,secretary concerned may use the categorical exclusion established under subsection 7a7 in accordance with this section4 7c7 ,acreage limitation ,a salvage operation covered by the categorical exclusion established under subsection 7a7 may not contain treatment units exceeding a total of #aj1jjj acres4 7d7 ,reforestation plan ,a reforestation plan shall be developed under section #c of the ,act of ,june #i1 #aicj 7commonly known as the ,knutson-,vandenberg ,act2 #af ,u4,s4,c4 #egf;b71 as part of a salvage operation covered by the categorical exclusion established under subsection 7a74 #hjf4 ,categorical exclusion for forest restoration 7a7 ,categorical exclusion ,forest management activities described in subsection 7b7 are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 7b7 ,forest management activities designated for categorical exclusion 7#a7 ,designation ,the category of forest management activities designated under this section for categorical exclusion are forest management activities described in paragraph 7#b7 that are carried out by the ,secretary concerned on ,national ,forest ,system lands or public lands where the primary purpose of such activity is-- 7,a7 to improve forest health and resiliency to disturbances2 7,b7 to reduce hazardous fuels2 or 7,c7 to improve wildlife and aquatic habitat4 7#b7 ,activities authorized ,the following forest management activities may be carried out pursuant the categorical exclusion established under subsection 7a73 7,a7 ,timber harvests1 including commercial and pre-commercial timber harvest1 salvage harvest1 and regeneration harvest4 7,b7 ,hazardous fuels reduction4 7,c7 ,prescribed burning4 7,d7 ,improvement or establishment of wildlife and aquatic habitat4 7,e7 ,stream restoration and erosion control4 7c7 ,availability of categorical exclusion ,on and after the date of the enactment of this ,act1 the ,secretary concerned may use the categorical exclusion established under subsection 7a7 in accordance with this section4 7d7 ,acreage limitations ,a forest management activity covered by the categorical exclusion established under subsection 7a7 may not contain treatment units exceeding a total of #f1jjj acres4 7e7 ,limitations on road building 7#a7 ,permanent roads ,a forest management activity covered by the categorical exclusion established by subsection 7a7 may include-- 7,a7 the construction of permanent roads not to exceed #c miles2 and 7,b7 the maintenance and reconstruction of existing permanent roads and trails1 including the relocation of segments of existing roads and trails to address resource impacts4 7#b7 ,temporary roads ,any temporary road constructed for a forest management activity covered by the categorical exclusion established by subsection 7a7 shall be decommissioned not later than #c years after the date on which the project is completed4 #hjg4 ,categorical exclusion for infrastructure forest management activities 7a7 ,categorical exclusion established ,forest management activities described in subsection 7b7 are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 7b7 ,forest management activities designated for categorical exclusion ,the category of forest management activities designated under this section for categorical exclusion are forest management activities carried out by the ,secretary concerned on ,national ,forest ,system lands or public lands where the primary purpose of such activity is-- 7#a7 constructing or reconstructing roads not exceeding #c miles2 7#b7 adding an existing road to the forest transportation system2 7#c7 reclassifying a road at a different maintenance level2 7#d7 reconstructing or rehabilitating bridges2 or 7#e7 maintaining facilities through the use of pesticides as authorized by applicable ,federal and ,state law and as applied in accordance with label instructions4 7c7 ,availability of categorical exclusion ,on and after the date of the enactment of this ,act1 the ,secretary concerned may use the categorical exclusion established under subsection 7a7 in accordance with this section4 #hjh4 ,categorical exclusion for developed recreation sites 7a7 ,categorical exclusion ,forest management activities described in subsection 7b7 are a category of actions hereby designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 7b7 ,forest management activities designated for categorical exclusion 7#a7 ,designation ,the category of forest management activities designated under this section for a categorical exclusion are forest management activities described in paragraph 7#b7 carried out by the ,secretary concerned on ,national ,forest ,system lands or public lands where the primary purpose of such activity is to operate1 maintain1 modify1 reconstruct1 or decommission existing developed recreation sites4 7#b7 ,activities authorized ,the following forest management activities may be carried out pursuant to the categorical exclusion under subsection 7a73 7,a7 ,constructing1 modifying1 or reconstructing fishing piers1 wildlife viewing platforms1 docks1 or other constructed recreation sites or facilities4 7,b7 ,constructing1 reconstructing1 or maintaining1 parking areas1 roads1 or trails within or connecting to recreation sites1 including paving and road and trail rerouting1 except that-- 7i7 permanent roads constructed under this section may not exceed #c miles2 and 7ii7 temporary roads constructed for projects covered by this section shall be decommissioned within #c years of completion of the project4 7,c7 ,modifying or reconstructing existing water or waste disposal systems4 7,d7 ,constructing1 modifying1 or reconstructing single or group use sites4 7,e7 ,constructing1 modifying1 or reconstructing boat landings4 7,f7 ,reconstructing existing ski lifts4 7,g7 ,modifying or reconstructing a recreation lodging rental4 7c7 ,availability of categorical exclusion ,on and after the date of the enactment of this ,act1 the ,secretary concerned may use the categorical exclusion established under subsection 7a7 in accordance with this section4 #hji4 ,establishment of fuel breaks in forests and other wildland vegetation 7a7 ,categorical exclusion ,forest management activities described in subsection 7b7 are a category of actions designated as being categorically excluded from the preparation of an environmental assessment or an environmental impact statement under section #ajb of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb74 7b7 ,forest management activities designated for categorical exclusion 7#a7 ,in general ,the category of forest management activities designated under subsection 7a7 for a categorical exclusion are forest management activities described in paragraph 7#b7 that are carried out by the ,secretary concerned on ,national ,forest ,system lands or public lands where the primary purpose of such activity is to establish and maintain linear fuel breaks that are-- 7,a7 up to #a1jjj feet in width adjacent to1 and incorporating1 existing linear features1 such as roads1 trails1 transmission lines1 and pipelines of any length on ,federal land2 and 7,b7 intended to reduce the risk of wildfire on the ,federal land or an adjacent at-risk community4 7#b7 ,activities ,subject to paragraph 7#c71 the forest management activities that may be carried out pursuant to the categorical exclusion established under subsection 7a7 are-- 7,a7 mowing or masticating2 7,b7 thinning by manual and mechanical cutting2 7,c7 piling1 yarding1 and removal of slash2 7,d7 selling of vegetation products1 including timber1 firewood1 biomass1 slash1 and fence posts2 7,e7 targeted grazing2 7,f7 application of-- 7i7 pesticide2 7ii7 biopesticide2 or 7iii7 herbicide2 7,g7 seeding of native species2 7,h7 controlled burns and broadcast burning2 and 7,i7 burning of piles1 including jackpot piles4 7c7 ,acreage and location limitations ,treatments of vegetation in linear fuel breaks covered by the categorical exclusion established under subsection 7a7-- 7#a7 may not contain treatment units in excess of #c1jjj acres2 and 7#b7 shall be located primarily in an area described in section #fje7;c77#b7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;d7c77#b774 ,,ix ,definitions #ija4 ,definitions ,in this ,act3 7#a7 ,catastrophic event ,the term catastrophic event means any natural disaster 7including a 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 outbreak7 or any fire1 flood1 or explosion1 regardless of cause4 7#b7 ,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 forest management activity is developed and implemented by the ,secretary concerned 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#c7 ,community wildfire protection plan ,the term community wildfire protection plan has the meaning given that term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74 7#d7 ,coos bay wagon road grant lands ,the term ,coos ,bay ,wagon ,road ,grant lands means the lands reconveyed to the ,united ,states pursuant to chapter #dg of the ,act of ,february #bf1 #aiai 7#dj ,stat4 #aagi74 7#e7 ,covered forest reserve project ,the term covered forest reserve project means a project involving the management or sale of national forest materials within a ,forest ,reserve ,revenue ,area that generates forest reserve revenues and achieve the annual volume requirement for the ,forest ,reserve ,revenue ,area4 7#f7 ,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 consistent with the forest plan covering the lands or the following activities3 7,a7 ,prescribed burning for ecosystem health and hazardous fuel reduction4 7,b7 ,mechanical and minimum tool treatment4 7,c7 ,stream environment zone restoration and other watershed and wildlife habitat enhancements4 7,d7 ,nonnative invasive species management4 7#g7 ,forest plan ,the term forest plan means-- 7,a7 a land use plan prepared by the ,bureau of ,land ,management for public lands pursuant to section #bjb of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agab72 or 7,b7 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#h7 ,large-scale catastrophic event ,the term large-scale catastrophic event means a catastrophic event that adversely impacts at least #e1jjj acres of reasonably contiguous ,national ,forest ,system lands or public lands1 as determined by the ,secretary concerned4 7#i7 ,national forest system ,the term ,national ,forest ,system has the meaning given that term in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a774 7#aj7 ,oregon and ,california railroad grant lands ,the term ,oregon and ,california ,railroad ,grant lands means the following lands3 7,a7 ,all lands in the ,state of ,oregon revested in the ,united ,states under the ,act of ,june #i1 #aiaf 7#ci ,stat4 #bah71 that are administered by the ,secretary of the ,interior1 acting through the ,bureau of ,land ,management1 pursuant to the first section of the ,act of ,august #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;a74 7,b7 ,all lands in that ,state obtained by the ,secretary of the ,interior pursuant to the land exchanges authorized and directed by section #b of the ,act of ,june #bd1 #aied 7#dc ,u4,s4,c4 #aaha;h74 7,c7 ,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 #bh1 #aicg 7#dc ,u4,s4,c4 #aaha;f74 7#aa7 ,public lands ,the term public lands has the meaning given that term in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb71 except that the term includes ,coos ,bay ,wagon ,road ,grant lands and ,oregon and ,california ,railroad ,grant lands4 7#ab7 ,reforestation activity ,the term reforestation activity means a project or forest management activity carried out by the ,secretary concerned whose primary purpose is the reforestation of impacted lands following a large-scale catastrophic event4 ,the term includes planting1 evaluating1 and enhancing natural regeneration1 clearing competing vegetation1 and other activities related to reestablishment of forest species on the impacted lands4 7#ac7 ,resource advisory committee ,the term resource advisory committee has the meaning given that term in section #bja of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaba74 7#ad7 ,salvage operation ,the term salvage operation means a forest management activity or restoration activity carried out in response to a catastrophic event where the primary purpose is-- 7,a7 to prevent wildfire as a result of the catastrophic event1 or1 if the catastrophic event was wildfire1 to prevent a re-burn of the fire-impacted area2 7,b7 to provide an opportunity for utilization 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 lands or public lands impacted by the catastrophic event4 7#ae7 ,secretary concerned ,the term ,secretary concerned means-- 7,a7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system lands2 and 7,b7 the ,secretary of the ,interior1 with respect to public lands4 7#af7 ,state ,the term ,state means each of the several ,states4 7#ag7 ,western state ,the term western ,state means any of the ,states of ,alaska1 ,arizona1 ,california1 ,colorado1 ,idaho1 ,montana1 ,nevada1 ,new ,mexico1 ,north ,dakota1 ,oregon1 ,south ,dakota1 ,utah1 ,washington1 or ,wyoming4 7#ah7 ,conservation finance agreement ,the term conservation finance agreement means a mutual benefit agreement 7excluding a procurement contract1 grant1 or cooperative agreement described in chapter #fc of title #ca1 ,united ,states ,code7-- 7,a7 the term of which is more than #a1 but not more than #bj1 years2 7,b7 that may provide that performance under the agreement during the second and subsequent years of the agreement is contingent on the appropriation of funds2 and 7,c7 if the agreement does so provide1 that may provide for a cancellation payment to be made to the partner if those appropriations are not made4 7#ai7 ,ecological integrity ,the term ecological integrity has the meaning given the term in section #bai4ai of title #cf1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#bj7 ,restore ,the term restore has the meaning given the term in section #bai4ai of title #cf1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#ba7 ,wildland-urban interface ,the term wildland-urban interface has the meaning given the term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74