US Codex
Bill
Notes

H.R. 2936 — what changed

Resilient Federal Forests Act of 2017

From Reported in House to Engrossed in House. 3 sections amended and 3 added between Reported in House and Engrossed in House.

Sec. 111 Categorical exclusion to expedite certain critical response actions

(a)
Categorical exclusion established— Forest management activities described in subsection (b) 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 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b)
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—
(1)
to address an insect or disease infestation;
(2)
to reduce hazardous fuel loads;
(3)
to protect a municipal water source;
(4)
to maintain, enhance, or modify critical habitat to protect it from catastrophic disturbances;
(5)
changed to increase water yield;yield; or
(6)
changed produce timber; orany combination of the purposes specified in paragraphs (1) through (5).
(7)
removed any combination of the purposes specified in paragraphs (1) through (6).
(c)
Availability of categorical exclusion— On and after the date of the enactment of this Act, the Secretary concerned may use the categorical exclusion established under subsection (a) in accordance with this section.
(d)
Acreage limitations—
(1)
In general— Except in the case of a forest management activity described in paragraph (2), a forest management activity covered by the categorical exclusion established under subsection (a) may not contain treatment units exceeding a total of 10,000 acres.
(2)
Larger areas authorized— A forest management activity covered by the categorical exclusion established under subsection (a) may contain treatment units exceeding a total of 10,000 acres but not more than a total of 30,000 acres if the forest management activity—
(A)
is developed through a collaborative process;
(B)
is proposed by a resource advisory committee; or
(C)
is covered by a community wildfire protection plan.

Sec. 122 Consultation under the National Historic Preservation Act

(a)
changed Effect of undertaking on historic property—In general— With respect to a forest management activity carried out pursuant to Not later than 12 months after the date of enactment of this Act, in taking into account the effect of Secretary concerned shall each develop, in consultation with relevant consulting parties, a programmatic agreement or other appropriate program alternative pursuant to section 800.14 of title 36, Code of Federal undertaking on any historic property Regulations, or successor regulation, for expediting reviews under section 306108 of title 54, United States Code, the Secretary concerned may, without consultation with the State Historic Preservation Officer, Tribal Historic Preservation Officer, or any other entity—for forest management activities carried out pursuant to this Act.
(b)
added Requirement— A programmatic agreement or other program alternative developed under subsection (a) shall incorporate the concepts of phased identification and evaluation set forth in section 800.4(b)(2) of title 36, Code of Federal Regulations, or successor regulation.
(1)
removed conduct a phased identification and evaluation under section 800.4(b)(2) of title 36, Code of Federal Regulations, or successor regulation; and
(2)
removed with respect to the phased identification and evaluation described in paragraph (1), apply the criteria of adverse effect consistent with phased identification and evaluation under section 800.5(a)(3) of title 36, Code of Federal Regulations, or successor regulation.
(b)
removed Expedited consultation—
(1)
removed In general— In the case of a forest management activity carried out pursuant to this Act that is not the subject of a phased identification and evaluation under subsection (a), consultation under section 106 of the National Historic Preservation Act (54 U.S.C. 306108) shall be concluded within the 90-day period beginning on the date on which such consultation was requested by the Secretary concerned.
(2)
removed No conclusion— In the case of a consultation described in paragraph (1) that is not concluded within the 90-day period, the forest management activity for which such consultation was initiated—
(A)
removed shall be considered to have not violated section 106 of the National Historic Preservation Act (54 U.S.C. 306108); and
(B)
removed may be carried out.

Sec. 910A Study on use of unmanned aerial vehicles to support wildland fire response and management

added
(a)
added Study required— The Secretary of Agriculture shall conduct a study to evaluate—
(1)
added the feasibility, safety, and cost effectiveness of using unmanned aerial vehicles for the purposes of supporting wildland fire response and suppression and forest restoration and management; and
(2)
added the effect that increased use of unmanned aerial vehicles for such purposes will have on employment.
(b)
added Consultation— In conducting the study, the Secretary of Agriculture shall consult with the heads of other Federal agencies involved in wildfire suppression and aviation, including the Secretary of the Interior, the Secretary of Homeland Security, the Secretary of Defense, and the Secretary of Transportation.
(c)
added Reporting requirement— Not later than two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report containing the results of the study.

Sec. 910B Pilot project for forest health, watershed improvement, and habitat restoration in New Mexico

added
(a)
added Pilot project established— The Secretary of Agriculture, acting through the Chief of the Forest Service, shall conduct a pilot project within the Lincoln National Forest, Cibola National Forest, and Gila National Forest in the State of New Mexico to analyze and demonstrate the effectiveness of various tools and techniques to address the following natural resource concerns:
(1)
added Thinning for forest health.
(2)
added Watershed improvement.
(3)
added Habitat restoration.
(b)
added Authorized activities— The Secretary of Agriculture in carrying out the pilot project established under subsection (a) may conduct applied silvicultural investigations and treatments, including—
(1)
added silvicultural investigations conducted for the purposes of information gathering and research relating to the natural resource concerns described in subsection (a); and
(2)
added mechanical thinning.
(c)
added Objections to silvicultural investigation or treatment— The Secretary may not carry out a silvicultural investigation or treatment under this section if a county in which such investigation or treatment would be conducted objects to such investigation or treatment.
(d)
added Environmental assessment under the National Environmental Policy Act— Forest management activities carried out by the Secretary of Agriculture under this section 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 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(e)
added Consultation under the Endangered Species Act— Forest management activities carried out by the Secretary of Agriculture under this section shall be subject to section 123, including subsection (b) of such section.
(f)
added Public participation— The Secretary shall encourage meaningful public participation during preparation of a silvicultural investigation or treatment under this section.
(g)
added Arbitration pilot program resolution—
(1)
added In general— An objection or protest to a forest management activity carried out pursuant to this section shall be addressed through the arbitration program established under section 311.
(2)
added Limitation on number of arbitrations— An arbitration described in paragraph (1) shall not be counted towards the limitation on number of arbitrations under section 311(a)(3).
(h)
added Termination— The authority to carry out this section shall terminate on the date that is 7 years after the date of the enactment of this section.

Sec. 913 Management of Bureau of Land Management lands in Western Oregon

(a)
changed In general— All of the public land managed by the Bureau of Land Management in the Northwest District, Roseburg District, Coos Bay District, Medford District, and the Klamath Resource Area of the Lakeview District in the State of Oregon shall hereafter be managed pursuant to title I of the of the Act of August 28, 1937 (43 U.S.C. 1181a through 1181e). Except as provided in subsection (b), all of the revenue produced from such land shall be deposited in the Treasury of the United States in the Oregon and California land-grant fund and be subject to the provisions of title II of the Act of August 28, 1937 (43 U.S.C. 1181f).
(b)
added Certain exclusions—
(1)
added Certain lands excluded— Subsection (a) does not apply to—
(A)
added the Yaquina Head Outstanding Natural Area established under section 119 of Public Law 96–199 (43 U.S.C. 1783);
(B)
added lands managed under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.);
(C)
added lands managed under the Wilderness Act (16 U.S.C. 1131 et seq.); and
(D)
added lands managed under the National Trails System Act (16 U.S.C. 1241 et seq.).
(2)
added Certain revenue excluded— Subsection (a) does not apply to any revenue that is required to be deposited in the Coos Bay Wagon Road grant fund pursuant to sections 1 through 4 of the Act of May 24, 1939 (43 U.S.C. 2621–2624).
(b)
removed Certain lands excluded— Subsection (a) does not apply to any revenue that is required to be deposited in the Coos Bay Wagon Road grant fund pursuant to sections 1 through 4 of the Act of May 24, 1939 (43 U.S.C. 1181f et seq.).

Sec. 1101 Increase in maximum adjustment to accommodate wildfire funding

added

added Section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control of 1985 is amended—

(1)
added in clause (i), by striking subclause (I) and inserting the following:

added “(I) the average over the previous 10 years (excluding the highest and lowest years) of the sum of—

added “(aa) funding provided for disaster relief (as that term is defined on the date immediately before the date of enactment of the Resilient Federal Forests Act of 2017);

added “(bb) non-emergency funding provided for wildfire suppression and other wildfire related activities under the “Wildland Fire Management” and “FLAME Wildfire Suppression Reserve Fund” accounts of the Department of Agriculture and the Department of the Interior; and

added “(cc) 10 percent of the funding for disaster relief designated as an emergency under subparagraph (A)(i); and”

(2)
added in clause (ii), by striking “the Budget Control Act of 2011” and inserting “the Resilient Federal Forests Act of 2017”; and
(3)
added by striking clause (iii) and inserting the following:

added “(iii) For the purposes of this subparagraph, the term “disaster relief” means—

added “(I) activities carried out pursuant to a determination under section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)); or

added “(II) amounts made available, pursuant to a declaration under section 802 of such Act that a major disaster for wildfire on Federal lands exists, to the wildfire suppression operations account established under section 803 of such Act.”