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Title I — Montana Forest Jobs and Restoration Initiative

S. 37 · 113th Congress · Jan 22, 2013 · Lineage

I Montana Forest Jobs and Restoration Initiative

Sec. 101 Purpose

The purpose of this title is to establish an initiative—
(1)
to preserve and create local jobs in rural communities that are located in or near National Forest System land;
(2)
to create an immediate, predictable, and increased flow of wood fiber with commercial value to support and maintain locally based infrastructure and economies that are necessary for the appropriate management and restoration of National Forest System land;
(3)
to promote cooperation and collaboration in the management of National Forest System land;
(4)
to restore and improve the ecological structure, composition, and function and the natural processes of priority watersheds within the National Forest System;
(5)
to carry out collaborative projects to reduce the risk of disturbances from fire, insects, and disease to communities, watersheds, and natural resources through a collaborative process of planning, prioritizing, and implementing ecological restoration and hazardous fuel reduction projects; and
(6)
to collect information from the projects carried out under this title in an effort to better understand the manner in which to improve forest restoration and management activities.

Sec. 102 Definitions

In this title:
(1)
Authorized forest and watershed restoration project— The term authorized forest and watershed restoration project means a collection of activities within a watershed area that are carried out—
(A)
on eligible land; and
(B)
to achieve the purposes of this title.
(2)
Decommission— The term decommission means—
(A)
to reestablish vegetation on a road or trail; and
(B)
to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road or trail by removing or hydrologically disconnecting the road prism.
(3)
Eligible land— The term eligible land means—
(A)
land within the approximately 1,900,000 acres of land in the Beaverhead-Deerlodge National Forest designated as “Suitable for Timber Production” and “Timber Harvest Is Allowed” as generally depicted on the map entitled “Beaverhead-Deerlodge National Forest, Revised Forest Plan, Modeled Timber Harvest Classification” and dated December 10, 2008; and
(B)
(i)
land within the Three Rivers Ranger District of the Kootenai National Forest; and
(ii)
any land within the adjacent ranger districts of the Kootenai National Forest that is necessary to achieve the requirements of section 103(b).
(4)
INFISH— The term INFISH means the land and resource management plan amendments made before the date of enactment of this Act arising from the document—
(A)
entitled “Inland Native Fish Strategy”;
(B)
published by the Department of Agriculture; and
(C)
dated July 28, 1995.
(5)
Initiative— The term Initiative means the Montana Forest Jobs and Restoration Pilot Initiative established by section 103(a).
(6)
Mechanical treatment—
(A)
In general— The term “mechanical treatment” means an activity that uses a tool to remove fiber that has commercial value to local markets in the vicinity of the area treated.
(B)
Inclusions— The term “mechanical treatment” includes leaving fiber on the forest floor after treatment with a tool, if an option for removal of the fiber was provided.
(C)
Exclusions— The term “mechanical treatment” excludes prescribed burning.
(7)
Secretary— The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
(8)
Stewardship contract— The term stewardship contract means a contract authorized under section 347 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105–277) to carry out land management goals that meet local and rural community needs through a source that is selected on a best-value basis.
(9)
Watershed area— The term watershed area means 1 or more subwatersheds (also known as 6th code hydrologic units).

Sec. 103 Montana Forest Jobs and Restoration Pilot Initiative

(a)
Establishment— There is established the Montana Forest Jobs and Restoration Pilot Initiative under which the Secretary shall implement authorized forest and watershed restoration projects and other land management projects on eligible land to achieve—
(1)
the performance requirements under subsection (b); and
(2)
the purposes of this title.
(b)
Performance requirements— Subject to subsection (g), on the eligible land, the Secretary shall place under contract for the mechanical treatment of vegetation—
(1)
on the Beaverhead-Deerlodge National Forest, a minimum of 5,000 acres annually until the date on which a total of 70,000 acres in the National Forest have been placed under contract; and
(2)
on the Kootenai National Forest—
(A)
2,000 acres during the first year after the date of enactment of this Act;
(B)
2,500 acres during the second year after the date of enactment of this Act; and
(C)
3,000 acres during each subsequent year until the date on which a total of 30,000 acres in the National Forest have been placed under contract.
(c)
Collaboration—
(1)
In general— For each National Forest within the Initiative, the Secretary shall identify 1 or more collaborative groups or resource advisory committees that support the achievement of the purposes of this title.
(2)
Composition— A collaborative group or resource advisory committee identified under paragraph (1) shall include multiple interested persons representing diverse interests in forest and watershed management.
(3)
Consultation— The Secretary shall consult with a collaborative group or resource advisory committee identified under paragraph (1) in the development and implementation of each authorized forest and watershed restoration project carried out under the Initiative.
(4)
Expansion— The Secretary shall seek to expand the public participation and diversity of interests involved in the implementation of the Initiative in each National Forest participating in the Initiative.
(d)
Administrative review—
(1)
In general— The administrative review provisions of section 105 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515) shall apply to any administrative review of authorized forest and watershed restoration projects carried out under this title.
(2)
Proposed decision— The Secretary shall provide notice of, and distribute, a proposed administrative decision with the environmental assessment or final environmental impact statement for any project subject to review under paragraph (1).
(3)
Independent mediator— If 1 or more of the parties to a special administrative review process under paragraph (1) requests a mediator to help facilitate the process, an independent mediator may be used for the administrative review process.
(e)
Judicial review— Any judicial proceeding arising from an authorized forest and watershed restoration project shall be conducted in accordance with section 106 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516).
(f)
Reports—
(1)
Annual summary— The Secretary shall provide to the appropriate committees of Congress an annual summary of the progress of the Initiative toward accomplishing the purposes of this title, including the performance requirements established under subsection (b).
(2)
Progress report—
(A)
In general— Not later than 5 years after the date of enactment of this Act and every 5 years thereafter, the Secretary shall submit to the appropriate committees of Congress a report that assesses the progress of the Initiative toward accomplishing the purposes of this title.
(B)
Inclusions— The report under subparagraph (A) shall include an analysis, with respect to the Initiative, of—
(i)
fire and fuel dynamics, including changes in—
(I)
condition and class; and
(II)
fuel levels and distribution;
(ii)
biodiversity, including the selection of plant, terrestrial animals, and aquatic organisms;
(iii)
soil and water, including soil movement, water quality, stream flows, and soil productivity;
(iv)
economic effects, including job creation, labor income, and energy; and
(v)
social implications, including land management practices, aesthetics, and attitudes towards land use.
(C)
Data analysis— In preparing the report under this paragraph, the Secretary may consult with regional institutions of higher education and institutions with the capacity to coordinate, analyze, and archive the data collected as a result of monitoring under the Initiative.
(g)
Effect on other funds— Amounts expended under the Initiative shall not reduce the allocations of appropriated funds to the Secretary for use in other regions of the Forest Service or other States.
(h)
Expansion of initiative—
(1)
In general— The Secretary may elect to include the Seeley Ranger District of the Lolo National Forest in the Initiative, if—
(A)
the Seeley Ranger District no longer receives funding under section 4003(b)(1)(B) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(b)(1)(B)); and
(B)
a local collaborative group for the District requests inclusion in the Initiative.
(2)
Requirements— On the election by the Secretary to include the Seeley Ranger District in the Initiative, the requirements of the Initiative under this title shall apply to the District.
(i)
Termination date—
(1)
In general— The Initiative shall terminate on the later of—
(A)
the date that is 15 years after the date of enactment of this Act; or
(B)
the date on which the Secretary determines that the performance requirements under subsection (b) have been achieved.
(2)
Effect— Nothing in this subsection affects a valid contract in effect on the termination date under paragraph (1).

Sec. 104 Authorized forest and watershed restoration projects

(a)
Implementation—
(1)
In general— The Secretary shall annually implement 1 or more authorized forest and watershed restoration projects on the eligible land.
(2)
Landscape-scale projects— The Secretary shall implement in 1 or more watershed areas authorized forest and watershed restoration projects that provide landscape-scale work with the goal of minimizing entries into the watershed.
(3)
Stewardship contracts—
(A)
In general— To the maximum extent practicable, the Secretary shall enter into stewardship contracts or agreements to carry out authorized forest and watershed restoration projects.
(B)
Stewardship contract priorities— In developing a stewardship contract under subparagraph (A), the Secretary shall, after consultation with the relevant collaborative groups or resource advisory committees identified under section 103(c)(1), prioritize areas consistent with the priorities described in paragraph (4).
(4)
Priority— Consistent with the purposes of this title, the Secretary shall give priority to carrying out authorized forest and watershed restoration projects in areas—
(A)
in which the road density exceeds 1.5 miles per square mile;
(B)
in the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)) that are at risk of wildfire that threatens public infrastructure or private property;
(C)
in which fish and wildlife habitat connectivity is compromised as a result of past management practices; and
(D)
that contain forests that are at risk from insect epidemics or high-severity wildfires.
(5)
Environmental review— An environmental review of authorized forest and watershed restoration projects shall be carried out in accordance with section 104 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515), except that—
(A)
the review shall also address—
(i)
the activities necessary to meet the purposes and requirements of this title; and
(ii)
the site-specific impacts of an authorized forest and watershed restoration project;
(B)
on signing of a record of decision or finding of no significant impact for the authorized forest and watershed restoration project, the Secretary shall implement the authorized forest and watershed restoration project; and
(C)
if the Secretary or a court determines that additional review is warranted due to significant new circumstances after implementation of an authorized forest and watershed restoration project has begun, the additional analysis shall not interrupt the implementation of the activities that are not subject to the additional review, in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b)
Project requirements—
(1)
Riparian habitat protection—
(A)
In general— Except as provided in subparagraph (B), the Secretary shall comply with INFISH in carrying out each authorized forest and watershed restoration project.
(B)
Modifications— The Secretary may modify INFISH if the Secretary determines, after taking into consideration the best available science, that the modifications would meet or exceed the intent and goals of INFISH.
(2)
Roads— In carrying out any authorized forest and watershed restoration project under this title, the Secretary shall—
(A)
not construct any permanent road, unless—
(i)
the Secretary determines that the road is a justifiable realignment of a permanent road to restore or improve the ecological structure, composition, and function and the natural processes of the affected forest or watershed; and
(ii)
the replaced road bed is decommissioned by removing the road prism; and
(B)
decommission any temporary road constructed to carry out the land management project by the conclusion of the contract.
(3)
Road density—
(A)
In general— Except as provided in subparagraph (B), the Secretary, at the conclusion of an authorized forest and watershed restoration project, shall achieve a road density maximum of 1.5 linear miles per square mile, averaged over the watershed area.
(B)
Exceptions— Notwithstanding subparagraph (A), the maximum road density provided in an applicable land management plan shall apply if—
(i)
the applicable land management plan requires a road density maximum that is less than that required under subparagraph (A); or
(ii)
the authorized forest and watershed restoration project is carried out in an area governed by an interagency grizzly bear conservation plan.
(C)
Applicable law— For purposes of determining compliance with the maximum road density under subparagraph (A), the Secretary shall use the definitions of the terms “National Forest System road” and “unauthorized road or trail” provided in section 212.1 of title 36, Code of Federal Regulations (or a successor regulation).
(D)
Method— The road density established under subparagraph (A) may be accomplished through a combination of decommissioning and year-round permanent closure, except that the Secretary shall prioritize for decommissioning any roads adversely affecting water quality or fish habitat.
(4)
Vegetation management— The Secretary shall design authorized forest and watershed restoration projects to produce commercial and noncommercial wood products, consistent with the purposes of this title.

Sec. 105 Miscellaneous

(a)
In general— Except as otherwise provided in this title, the Secretary shall administer the National Forests subject to the Initiative in accordance with applicable law.
(b)
Agency participation— The Secretary may, in accordance with applicable law, permit a Field Manager from each applicable Bureau of Land Management office, the Seeley Lake District Ranger of the Lolo National Forest, and the Lincoln District Ranger of the Helena National Forest to serve on the Board of Directors of the Blackfoot Challenge in the official capacities of the Bureau of Land Management and the districts, respectively.
(c)
Biomass— To help improve forest restoration activities by using and creating markets for small-diameter material and low-valued trees removed from forest restoration activities in the State, the Secretary may provide grants through the Woody Biomass Utilization Grant Program or any other biomass program in accordance with applicable law.