H.R. 2647 — what changed
Resilient Federal Forests Act of 2015
From Introduced in House to Reported in House. 12 sections amended and 1 added between Introduced in House and Reported in House.
Sec. 2 Definitions
In this Act:
Catastrophic event— The term “catastrophic event” means any natural disaster (such as hurricane, tornado, windstorm, snow or ice storm, rain storm, high water, wind-driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, drought, or insect or disease outbreak) or any fire, flood, or explosion, regardless of cause.
Categorical exclusion— The term “categorical exclusion” refers to an exception to the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) for a project or activity relating to the management of National Forest System lands or public lands.
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 activity is developed and implemented by the Secretary concerned through collaboration with interested persons, as described in section 603(b)(1)(C) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C)).
Community wildfire protection plan— The term “community wildfire protection plan” has the meaning given that term in section 101(3) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(3)).
Coos Bay Wagon Road Grant lands— The term “Coos Bay Wagon Road Grant lands” means the lands reconveyed to the United States pursuant to the first section of the Act of February 26, 1919 (40 Stat. 1179).
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 in concert with the forest plan covering the lands.
Forest plan— The term forest plan means—
a land use plan prepared by the Bureau of Land Management for public lands pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712); or
a land and resource management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
Large-scale catastrophic event— The term “large-scale catastrophic event” means a catastrophic event that adversely impacts at least 5,000 acres of reasonably contiguous National Forest System lands or public lands.
changed
National forest system— The term “National Forest System” has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), except that the term—1609(a)).
removed
includes only National Forest System lands derived from the public domain; and
removed
does not include the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010–1012).
Oregon and California Railroad Grant lands— The term “Oregon and California Railroad Grant lands” means the following lands:
All lands in the State of Oregon revested in the United States under the Act of June 9, 1916 (39 Stat. 218), that are administered by the Secretary of the Interior, acting through the Bureau of Land Management, pursuant to the first section of the Act of August 28, 1937 (43 U.S.C. 1181a).
All lands in that State obtained by the Secretary of the Interior pursuant to the land exchanges authorized and directed by section 2 of the Act of June 24, 1954 (43 U.S.C. 1181h).
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 28, 1937 (43 U.S.C. 1181f).
Public lands— The term “public lands” has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)), except that the term includes Coos Bay Wagon Road Grant lands and Oregon and California Railroad Grant lands.
Reforestation activity— The term reforestation activity means a project or activity carried out by the Secretary concerned whose primary purpose is the reforestation of fire-impacted lands following a large-scale wildfire. The term includes planting, evaluating and enhancing natural regeneration, clearing competing vegetation, and other activities related to reestablishment of forest species on the fire-impacted lands.
Resource advisory committee— The term “resource advisory committee” has the meaning given that term in section 201(3) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7121(3)).
Salvage operation— The term “salvage operation” means a forest management activity undertaken in response to a catastrophic event whose primary purpose—
is to prevent wildfire as a result of the catastrophic event, or, if the catastrophic event was wildfire, to prevent a re-burn of the fire-impacted area;
is to provide an opportunity for utilization of forest materials damaged as a result of the catastrophic event; or
is to provide a funding source for reforestation and other restoration activities for the National Forest System lands or public lands impacted by the catastrophic event.
Secretary concerned— The term Secretary concerned means—
the Secretary of Agriculture, with respect to National Forest System lands; and
the Secretary of the Interior, with respect to public lands.
Sec. 103 Categorical exclusion to expedite salvage operations in response to catastrophic events
Availability of categorical exclusion— A categorical exclusion is available to the Secretary concerned to develop and carry out a salvage operation as part of the restoration of National Forest System lands or public lands following a catastrophic event.
Acreage limitations—
In general— A salvage operation covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 5,000 acres.
Harvest area— In addition to the limitation imposed by paragraph (1), the harvest units covered by the categorical exclusion granted by subsection (a) may not exceed one-third of the area impacted by the catastrophic event.
Additional requirements—
changed
Road building— A salvage operation covered by the categorical exclusion granted by subsection (a) may not include any new permanent road building. roads. Temporary roads constructed as part of the salvage operation may not exceed one mile per square mile and shall be decommissioned upon retired before the end of the second fiscal year beginning after the completion of the salvage operation.
Stream buffers— A salvage operation covered by the categorical exclusion granted by subsection (a) shall comply with the standards and guidelines for stream buffers contained in the applicable forest plan unless waived by the Regional Forester, in the case of National Forest System lands, or the State Director of the Bureau of Land Management, in the case of public lands.
Reforestation plan— A reforestation plan shall be developed under section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), as part of a salvage operation covered by the categorical exclusion granted by subsection (a).
Sec. 104 Categorical exclusion to meet forest plan goals for early successional forests
Availability of categorical exclusion— A categorical exclusion is available to the Secretary concerned to develop and carry out a forest management activity on National Forest System lands or public lands when the primary purpose of the forest management activity is to modify, improve, enhance, or create early successional forests for wildlife habitat improvement and other purposes, consistent with the applicable forest plan.
added
Project goals— To the maximum extent practicable, the Secretary concerned shall design a forest management activity under this section to meet early successional forest goals in such a manner so as to maximize production and regeneration of priority species, as identified in the forest plan and consistent with the capability of the activity site.
renumbered
was (3)
Acreage limitations— A forest management activity covered by the categorical exclusion granted by subsection (a) may not contain harvest units exceeding a total of 5,000 acres.
Sec. 106 Categorical exclusion to improve, restore, and reduce the risk of wildfire
added
Availability of categorical exclusion— A categorical exclusion is available to the Secretary concerned to carry out a forest management activity described in subsection (c) on National Forest System Lands or public lands when the primary purpose of the activity is to improve, restore, or reduce the risk of wildfire on those lands.
added
Acreage limitations— A forest management activity covered by the categorical exclusion granted by subsection (a) may not exceed 5,000 acres.
added
Authorized activities— The following activities may be carried out using a categorical exclusion granted by subsection (a):
added
Removal of juniper trees, medusahead rye, conifer trees, piñon pine trees, cheatgrass, and other noxious or invasive weeds specified on Federal or State noxious weeds lists through late-season livestock grazing, targeted livestock grazing, prescribed burns, and mechanical treatments.
added
Performance of hazardous fuels management.
added
Creation of fuel and fire breaks.
added
Modification of existing fences in order to distribute livestock and help improve wildlife habitat.
added
Installation of erosion control devices.
added
Construction of new and maintenance of permanent infrastructure, including stock ponds, water catchments, and water spring boxes used to benefit livestock and improve wildlife habitat.
added
Performance of soil treatments, native and non-native seeding, and planting of and transplanting sagebrush, grass, forb, shrub, and other species.
added
Use of herbicides, so long as the Secretary concerned determines that the activity is otherwise conducted consistently with agency procedures, including any forest plan applicable to the area covered by the activity.
added
Definitions— In this section:
added
Hazardous fuels management— The term “hazardous fuels management” means any vegetation management activities that reduce the risk of wildfire.
added
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 year.
added
Targeted livestock grazing— The term “targeted livestock grazing” means grazing used to for purposes of hazardous fuel reduction.
removed
A forest management activity covered by a categorical exclusion granted by this title shall be conducted in a manner consistent with the forest plan applicable to the National Forest System land or public lands covered by the forest management activity.
Sec. 107 Compliance with forest plan
addedadded A forest management activity covered by a categorical exclusion granted by this title shall be conducted in a manner consistent with the forest plan applicable to the National Forest System land or public lands covered by the forest management activity.
Sec. 201 Expedited salvage operations and reforestation activities following large-scale catastrophic events
Expedited environmental assessment— Notwithstanding any other provision of law, any environmental assessment prepared by the Secretary concerned pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a salvage operation or reforestation activity proposed to be conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event shall be completed within three months after the conclusion of the catastrophic event.
Expedited implementation and completion— In the case of reforestation activities conducted on National Forest System lands or public lands adversely impacted by a large-scale catastrophic event, the Secretary concerned shall achieve reforestation of at least 75 percent of the impacted lands during the five-year period following the conclusion of the catastrophic event.
added
Availability of Knutson-Vandenberg funds— Amounts in the special fund established pursuant to section 3 of the Act of June 9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b) shall be available to the Secretary of Agriculture for reforestation activities authorized by this title.
Sec. 402 Resource advisory committees
Recognition of resource advisory committees— Section 205(a)(4) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(a)(4)) is amended by striking “2012” each place it appears and inserting “2020”.
Temporary reduction in composition of committees— Section 205(d) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(d)) is amended—
in paragraph (1), by striking “Each” and inserting “Except during the period specified in paragraph (6), each”; and
by adding at the end the following new paragraph:
“(6) Temporary reduction in minimum number of members
“(A) Temporary 6-member minimum—During the period beginning on the date of the enactment of this paragraph and ending on September 30, 2020, a resource advisory committee established under this section may be comprised of 6 or more members, of which—
“(i) at least 2 shall be representative of interests described in subparagraph (A) of paragraph (2);
“(ii) at least 2 shall be representative of interests described in subparagraph (B) of paragraph (2); and
“(iii) at least 2 shall be representative of interests described in subparagraph (C) of paragraph (2).
changed
“(B) Additional requirement—In requirements—In appointing members of a resource advisory committee from the 3 categories described in paragraph (2), as provided in subparagraph (A), the Secretary concerned shall ensure balanced and broad representation in each category.category. In the case of a vacancy on a resource advisory committee, the vacancy shall be filled within 90 days after the date on which the vacancy occurred. Appointments to a new resource advisory committee shall be made within 90 days after the date on which the decision to form the new resource advisory committee was made.
changed
“(C) Charter—A charter for a resource advisory committee with 15 members that was filed on or before the date of the enactment of this paragraph shall be considered to be filed for a resource advisory committee described in this paragraph.”paragraph. The charter of a resource advisory committee shall be reapproved before the expiration of the existing charter of the resource advisory committee. In the case of a new resource advisory committee, the charter of the resource advisory committee shall be approved within 90 days after the date on which the decision to form the new resource advisory committee was made.”
Conforming change to project approval requirements— Section 205(e)(3) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(e)(3)) is amended by adding at the end the following new sentence: “In the case of a resource advisory committee consisting of fewer than 15 members, as authorized by subsection (d)(6), a project may be proposed to the Secretary concerned upon approval by a majority of the members of the committee.”.
Expanding local participation on committees— Section 205(d) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(d)) is amended—
in paragraph (3), by inserting before the period at the end the following: “, consistent with the requirements of paragraph (4)”; and
by striking paragraph (4) and inserting the following new paragraph:
“(4) Geographic distribution—The members of a resource advisory committee shall reside within the county or counties in which the committee has jurisdiction or an adjacent county.”
Sec. 404 Additional authorized use of reserved funds for title III county projects
Section 302(a) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7142(a)) is amended—
in paragraph (2)—
by inserting “and law enforcement patrols” after “including firefighting”; and
changed
by striking “and” at the end of paragraph (2);end;
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following new paragraph (3):
“(3) to cover training costs and equipment purchases directly related to the emergency services described in paragraph (2); and”
Sec. 503 Payment of portion of stewardship project revenues to county in which stewardship project occurs
changed
Section 604(e) of the Healthy Forest Forests Restoration Act of 2003 (16 U.S.C. 6591c(e)) is amended—
in paragraph (2)(B), by inserting “subject to paragraph (3)(A),” before “shall”; and
in paragraph (3)(A), by striking “services received by the Chief or the Director” and all that follows through the period at the end and inserting the following: “services and in-kind resources received by the Chief or the Director under a stewardship contract project conducted under this section shall not be considered monies received from the National Forest System or the public lands, but any payments made by the contractor to the Chief or Director under the project shall be considered monies received from the National Forest System or the public lands.”.
Sec. 602 Availability of stewardship project revenues and Collaborative Forest Landscape Restoration Fund to cover forest management activity planning costs
changed
Availability of stewardship project revenues— Section 604(e)(2)(B) of the Healthy Forest Forests Restoration Act of 2003 (16 U.S.C. 6591c(e)(2)(B)), as amended by section 503, is further amended by striking “appropriation at the project site from which the monies are collected or at another project site.” and inserting the following:
“(i) at the project site from which the monies are collected or at another project site; and
“(ii) to cover not more than 25 percent of the cost of planning additional stewardship contracting projects.”
Availability of Collaborative Forest Landscape Restoration Fund— Section 4003(f)(1) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(f)(1)) is amended by striking “carrying out and” and inserting “planning, carrying out, and”.
Sec. 603 State-supported planning of forest management activities
changed
State-Supported forest management fund— There is established in the Treasury of the United States a fund, to be known as the “State-Supported Forest Management Fund”, to cover the cost of planning, planning (especially related to compliance with section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2))), carrying out, and monitoring certain forest management activities on National Forest System lands or public lands.
Contents— The State-Supported Forest Management Fund shall consist of such amounts as may be—
contributed by an eligible entity for deposit in the Fund;
appropriated to the Fund; or
generated by forest management activities carried out using amounts in the Fund.
Geographical and use limitations— In making a contribution under subsection (b)(1), an eligible entity may—
specify the National Forest System lands or public lands for which the contribution may be expended; and
limit the types of forest management activities for which the contribution may be expended.
Authorized forest management activities— In such amounts as may be provided in advance in appropriation Acts, the Secretary concerned may use the Fund to plan, carry out, and monitor a forest management activity that—
is developed through a collaborative process;
is proposed by a resource advisory committee; or
is covered by a community wildfire protection plan.
Implementation methods— A forest management activity carried out using amounts in the Fund may be carried out using a contract or agreement under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c), the good neighbor authority provided by section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a), a contract under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), or other authority available to the Secretary concerned, but revenues generated by the forest management activity shall be used to reimburse the Fund for planning costs covered using amounts in the Fund.
Relation to other laws—
Revenue sharing— Subject to subsection (e), revenues generated by a forest management activity carried out using amounts from the Fund shall be considered monies received from the National Forest System.
Knutson-vanderberg Act— The Act of June 9, 1930 (commonly known as the Knutson-Vanderberg Act; 16 U.S.C. 576 et seq.), shall apply to any forest management activity carried out using amounts in the Fund.
Termination of fund—
changed
Termination— The Fund shall terminate on September 30, 2025.10 years after the date of the enactment of this Act.
Effect of termination— Upon the termination of the Fund pursuant to paragraph (1) or pursuant to any other provision of law, unobligated contributions remaining in the Fund shall be returned to the eligible entity that made the contribution.
Sec. 701 Protection of tribal forest assets through use of stewardship end result contracting and other authorities
Prompt consideration of tribal requests— Section 2(b) of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended—
in paragraph (1), by striking “Not later than 120 days after the date on which an Indian tribe submits to the Secretary” and inserting “In response to the submission by an Indian tribe of ”; and
by adding at the end the following new paragraph:
“(4) Time periods for consideration
“(A) Initial response—Not later than 120 days after the date on which the Secretary receives a tribal request under paragraph (1), the Secretary shall provide an initial response to the Indian tribe regarding—
“(i) whether the request may meet the selection criteria described in subsection (c); and
“(ii) the likelihood of the Secretary entering into an agreement or contract with the Indian tribe under paragraph (2) for activities described in paragraph (3).
“(B) Notice of denial—Notice under subsection (d) of the denial of a tribal request under paragraph (1) shall be provided not later than one year after the date on which the Secretary received the request.
“(C) Completion—Not later than two years after the date on which the Secretary receives a tribal request under paragraph (1), other than a tribal request denied under subsection (d), the Secretary shall—
“(i) complete all environmental reviews necessary in connection with the agreement or contract and proposed activities under the agreement or contract; and
“(ii) enter into the agreement or contract with the Indian tribe under paragraph (2).”
Conforming and technical amendments— Section 2 of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended—
changed
in subsections (a)(1) (b)(1) and (f)(1), by striking “section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105–277) (as amended by section 323 of the Department of the Interior and Related Agencies Appropriations Act, 2003 (117 Stat. 275))” and inserting “section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c)”; and
in subsection (d), by striking “subsection (b)(1), the Secretary may” and inserting “paragraphs (1) and (4)(B) of subsection (b), the Secretary shall”.
Sec. 702 Management of Indian forest land authorized to include related National Forest System lands and public lands
Section 305 of the National Indian Forest Resources Management Act (25 U.S.C. 3104) is amended by adding at the end the following new subsection:
“(c) Inclusion of certain National Forest System land and public land
“(1) Authority—At the request of an Indian tribe, the Secretary concerned may treat Federal forest land as Indian forest land for purposes of planning and conducting forest land management activities under this section if the Federal forest land is located within, or mostly within, a geographic area that presents a feature or involves circumstances principally relevant to that Indian tribe, such as Federal forest land ceded to the United States by treaty, Federal forest land within the boundaries of a current or former reservation, or Federal forest land adjudicated to be tribal homelands.
changed
“(2) Definitions—In this subsection:Requirements—As part of the agreement to treat Federal forest land as Indian forest land under paragraph (1), the Secretary concerned and the Indian tribe making the request shall—
added “(A) provide for continued public access applicable to the Federal forest land prior to the agreement, except that the Secretary concerned may limit or prohibit such access as needed;
added “(B) continue sharing revenue generated by the Federal forest land with State and local governments either—
added “(i) on the terms applicable to the Federal forest land prior to the agreement, including, where applicable, 25-percent payments or 50 percent payments; or
added “(ii) at the option of the Indian tribe, on terms agreed upon by the Indian tribe, the Secretary concerned, and State and county governments participating in a revenue sharing agreement for the Federal forest land;
added “(C) comply with applicable prohibitions on the export of unprocessed logs harvested from the Federal forest land; and
added “(D) recognize all right-of-way agreements in place on Federal forest land prior to commencement of tribal management activities.
added “(3) Limitation—Treating Federal forest land as Indian forest land for purposes of planning and conducting management activities pursuant to paragraph (1) shall not be construed to designate the Federal forest land as Indian forest lands for any other purpose.
added “(4) Definitions—In this subsection:
“(A) Federal forest land—The term “Federal forest land” means—
added “(i) National Forest System lands; and
removed
“(i) National Forest System lands derived from the public domain; and
“(ii) public lands (as defined in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e))), including Coos Bay Wagon Road Grant lands reconveyed to the United States pursuant to the first section of the Act of February 26, 1919 (40 Stat. 1179), and Oregon and California Railroad Grant lands.
“(B) Secretary concerned—The term Secretary concerned means—
“(i) the Secretary of Agriculture, with respect to the Federal forest land referred to in subparagraph (A)(i); and
“(ii) the Secretary of the Interior, with respect to the Federal forest land referred to in subparagraph (A)(ii).”