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Resilient Federal Forests Act of 2017

H.R. 2936 · 115th Congress · Nov 2, 2017 · Lineage

AN ACT

To expedite under the National Environmental Policy Act of 1969 and improve forest management activities on National Forest System lands, on public lands under the jurisdiction of the Bureau of Land Management, and on Tribal lands to return resilience to overgrown, fire-prone forested lands, and for other purposes.

Section 1 Short title; table of contents

(a)
Short title— This Act may be cited as the “Resilient Federal Forests Act of 2017”.
(b)
Table of contents— The table of contents for this Act is as follows:

Sec. 2 Definitions

In titles I through IX:
(1)
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.
(2)
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 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)).
(3)
Community wildfire protection plan— The term community wildfire protection plan has the meaning given that term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
(4)
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).
(5)
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.
(6)
Forest plan— The term forest plan means—
(A)
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
(B)
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).
(7)
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, as determined by the Secretary concerned.
(8)
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)).
(9)
Oregon and California railroad grant lands— The term Oregon and California Railroad Grant lands means the following lands:
(A)
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).
(B)
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).
(C)
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).
(10)
Public lands— The term public lands has the meaning given that term in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702), except that the term includes Coos Bay Wagon Road Grant lands and Oregon and California Railroad Grant lands.
(11)
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 event. The term includes planting, evaluating and enhancing natural regeneration, clearing competing vegetation, and other activities related to reestablishment of forest species on the impacted lands.
(12)
Resource advisory committee— The term resource advisory committee has the meaning given that term in section 201 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7121).
(13)
Salvage operation— The term salvage operation means a forest management activity and restoration activities carried out in response to a catastrophic event where the primary purpose is—
(A)
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;
(B)
to provide an opportunity for utilization of forest materials damaged as a result of the catastrophic event; or
(C)
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.
(14)
Secretary concerned— The term Secretary concerned means—
(A)
the Secretary of Agriculture, with respect to National Forest System lands; and
(B)
the Secretary of the Interior, with respect to public lands.

Sec. 3 Rule of application for National Forest System lands and public lands

Unless specifically provided by a provision of titles I through IX, the authorities provided by such titles do not apply with respect to any National Forest System lands or public lands—
(1)
that are included in the National Wilderness Preservation System;
(2)
that are located within a national or State-specific inventoried roadless area established by the Secretary of Agriculture through regulation, unless—
(A)
the forest management activity to be carried out under such authority is consistent with the forest plan applicable to the area; or
(B)
the Secretary concerned determines the activity is allowed under the applicable roadless rule governing such lands; or
(3)
on which timber harvesting for any purpose is prohibited by Federal statute.