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Bill
Notes

H.R. 2936 — what changed

Resilient Federal Forests Act of 2017

From Introduced in House to Reported in House. 6 sections amended, 4 added, and 2 removed between Introduced in House and Reported in House.

Sec. 201 Expedited salvage operations and reforestation activities following large-scale catastrophic events

(a)
Expedited environmental assessment— Notwithstanding any other provision of law, an environmental assessment prepared by the Secretary concerned pursuant to section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) 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 60 days after the conclusion of the catastrophic event.
(b)
changed 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 shall, to the maximum extent practicable, achieve reforestation of at least 75 percent of the impacted lands during the 5-year period following the conclusion of the catastrophic event.
(c)
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.
(d)
Timeline for Public Input Process— Notwithstanding any other provision of law, in the case of 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, the Secretary concerned shall allow 30 days for public scoping and comment, 15 days for filing an objection, and 15 days for the agency response to the filing of an objection. Upon completion of this process and expiration of the period specified in subsection (a), the Secretary concerned shall implement the project immediately.

Sec. 301 No attorney fees for forest management activity challenges

added

added Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any fees or other expenses under such sections to any plaintiff related to an action challenging a forest management activity carried out pursuant to this Act.

Sec. 302 Injunctive relief

added
(a)
added 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 under titles I through IX, the court reviewing the agency action shall balance the impact to the ecosystem likely affected by the forest management activity of—
(1)
added the short- and long-term effects of undertaking the agency action; against
(2)
added the short- and long-term effects of not undertaking the action.
(b)
added Time limitations for injunctive relief—
(1)
added In general— Subject to paragraph (2) the length of any preliminary injunctive relief and stays pending appeal that applies to any agency action as part of a forest management activity under titles I through IX, shall not exceed 60 days.
(2)
added Renewal—
(A)
added In general— A court of competent jurisdiction may issue one or more renewals of any preliminary injunction, or stay pending appeal, granted under paragraph (1).
(B)
added Updates— In each renewal of an injunction in an action, the parties to the action shall present the court with updated information on the status of the authorized forest management activity.

Sec. 311 Use of arbitration instead of litigation to address challenges to forest management activities

(a)
added Discretionary arbitration process pilot program—
(1)
added In general— The Secretary of Agriculture, with respect to National Forest System lands, and the Secretary of the Interior, with respect to public lands, shall each establish a discretionary arbitration pilot program as an alternative dispute resolution process in lieu of judicial review for the activities described in paragraph (2).
(2)
added Activities described— The Secretary concerned, at the sole discretion of the Secretary, may designate objections or protests to forest management activities for arbitration under the arbitration pilot program established under paragraph (1).
(3)
added Maximum amount of arbitrations— Under the arbitration pilot program, the Secretary concerned may not arbitrate more than 10 objections or protests to forest management activities in a fiscal year in—
(A)
added each Forest Service Region; and
(B)
added each State Region of the Bureau of Land Management.
(4)
added Determining amount of arbitrations— An objection or protest to a forest management activity shall not be counted towards the limitation on number of arbitrations under paragraph (3) unless—
(A)
added on the date such objection or protest is designated for arbitration, the forest management activity for which such objection or protest is filed has not been the subject of arbitration proceedings under the pilot program; and
(B)
added the arbitration proceeding has commenced with respect to such objection or protest.
(5)
added Termination— The pilot programs established pursuant to paragraph (1) shall terminate on the date that is 7 years after the date of the enactment of this Act.
(b)
added Intervening parties—
(1)
added Requirements— Any person that submitted a public comment on the forest management activity that is subject to arbitration may intervene in the arbitration—
(A)
added by endorsing—
(i)
added the forest management activity; or
(ii)
added the modification proposal submitted under subparagraph (B); or
(B)
added by submitting a proposal to further modify the forest management activity.
(2)
added Deadline for submission— With respect to an objection or protest that is designated for arbitration under this subsection (a), a request to intervene in an arbitration must be submitted not later than the date that is 30 days after the date on which such objection or protest was designated for arbitration.
(3)
added Multiple parties— Multiple intervening parties may submit a joint proposal so long as each intervening party meets the eligibility requirements of paragraph (1).
(c)
added Appointment of arbitrator—
(1)
added Appointment— The Secretary of Agriculture and the Secretary of the Interior shall jointly develop and publish a list of not fewer than 20 individuals eligible to serve as arbitrators for the pilot programs under this section.
(2)
added Qualifications— In order to be eligible to serve as an arbitrator under this subsection, an individual shall be, on the date of the appointment of such arbitrator—
(A)
added certified by the American Arbitration Association; and
(B)
added not a registered lobbyist.
(3)
added Selection of arbitrator—
(A)
added In general— For each arbitration commenced under this section, the Secretary concerned and each applicable objector or protestor shall agree, not later than 14 days after the agreement process is initiated, on a mutually acceptable arbitrator from the list published under subsection.
(B)
added Appointment after 14-days— In the case of an agreement with respect to a mutually acceptable arbitrator not being reached within the 14-day limit described in subparagraph (A), the Secretary concerned shall appoint an arbitrator from the list published under this subsection.
(d)
added Selection of proposals—
(1)
added In general— The arbitrator appointed under subsection (c)—
(A)
added may not modify any of the proposals submitted with the objection, protest, or request to intervene; and
(B)
added shall select to be conducted—
(i)
added the forest management activity, as approved by the Secretary; or
(ii)
added a proposal submitted by an objector or an intervening party.
(2)
added Selection criteria— An arbitrator shall, when selecting a proposal, consider—
(A)
added whether the proposal is consistent with the applicable forest plan, laws, and regulations;
(B)
added whether the proposal can be carried out by the Secretary concerned; and
(C)
added the effect of each proposal on—
(i)
added forest health;
(ii)
added habitat diversity;
(iii)
added wildfire potential;
(iv)
added insect and disease potential;
(v)
added timber production; and
(vi)
added the implications of a resulting decline in forest health, loss of habitat diversity, wildfire, or insect or disease infestation, given fire and insect and disease historic cycles, on—
(I)
added domestic water costs;
(II)
added wildlife habitat loss; and
(III)
added other economic and social factors.
(e)
added Effect of decision— The decision of an arbitrator with respect to the forest management activity—
(1)
added shall not be considered a major Federal action;
(2)
added shall be binding; and
(3)
added shall not be subject to judicial review, except as provided in section 10(a) of title 9, United States Code.
(f)
added Deadline for completion— Not later than 90 days after the date on which the arbitration is filed with respect to the forest management activity, the arbitration process shall be completed.

removed Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any fees or other expenses under such sections to any plaintiff related to an action challenging a forest management activity carried out pursuant to this Act.

Sec. 312 Injunctive relief

removed
(a)
removed 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 under titles I through IX, the court reviewing the agency action shall balance the impact to the ecosystem likely affected by the forest management activity of—
(1)
removed the short- and long-term effects of undertaking the agency action; against
(2)
removed the short- and long-term effects of not undertaking the action.
(b)
removed Time limitations for injunctive relief—
(1)
removed In general— Subject to paragraph (2) the length of any preliminary injunctive relief and stays pending appeal that applies to any agency action as part of a forest management activity under titles I through IX, shall not exceed 60 days.
(2)
removed Renewal—
(A)
removed In general— A court of competent jurisdiction may issue one or more renewals of any preliminary injunction, or stay pending appeal, granted under paragraph (1).
(B)
removed Updates— In each renewal of an injunction in an action, the parties to the action shall present the court with updated information on the status of the authorized forest management activity.

Sec. 321 Use of arbitration instead of litigation to address challenges to forest management activities

removed
(a)
removed Discretionary arbitration process pilot program—
(1)
removed In general— The Secretary of Agriculture, with respect to National Forest System lands, and the Secretary of the Interior, with respect to public lands, shall each establish a discretionary arbitration pilot program as an alternative dispute resolution process in lieu of judicial review for the activities described in paragraph (2).
(2)
removed Activities described— The Secretary concerned, at the sole discretion of the Secretary, may designate objections or protests to forest management activities for arbitration under the arbitration pilot program established under paragraph (1).
(3)
removed Maximum amount of arbitrations— Under the arbitration pilot program, the Secretary concerned may not arbitrate more than 10 objections or protests to forest management activities in a fiscal year in—
(A)
removed each Forest Service Region; and
(B)
removed each State Region of the Bureau of Land Management.
(4)
removed Determining amount of arbitrations— An objection or protest to a forest management activity shall not be counted towards the limitation on number of arbitrations under paragraph (3) unless—
(A)
removed on the date such objection or protest is designated for arbitration, the forest management activity for which such objection or protest is filed has not been the subject of arbitration proceedings under the pilot program; and
(B)
removed the arbitration proceeding has commenced with respect to such objection or protest.
(5)
removed Termination— The pilot programs established pursuant to paragraph (1) shall terminate on the date that is 7 years after the date of the enactment of this Act.
(b)
removed Intervening parties—
(1)
removed Requirements— Any person that submitted a public comment on the forest management activity that is subject to arbitration may intervene in the arbitration—
(A)
removed by endorsing—
(i)
removed the forest management activity; or
(ii)
removed the modification proposal submitted under subparagraph (B); or
(B)
removed by submitting a proposal to further modify the forest management activity.
(2)
removed Deadline for submission— With respect to an objection or protest that is designated for arbitration under this subsection (a), a request to intervene in an arbitration must be submitted not later than the date that is 30 days after the date on which such objection or protest was designated for arbitration.
(3)
removed Multiple parties— Multiple intervening parties may submit a joint proposal so long as each intervening party meets the eligibility requirements of paragraph (1).
(c)
removed Appointment of arbitrator—
(1)
removed Appointment— The Secretary of Agriculture and the Secretary of the Interior shall jointly develop and publish a list of not fewer than 20 individuals eligible to serve as arbitrators for the pilot programs under this section.
(2)
removed Qualifications— In order to be eligible to serve as an arbitrator under this subsection, an individual shall be, on the date of the appointment of such arbitrator, certified by the American Arbitration Association.
(3)
removed Selection of arbitrator—
(A)
removed In general— For each arbitration commenced under this section, the Secretary concerned and each applicable objector or protestor shall agree, not later than 14 days after the agreement process is initiated, on a mutually acceptable arbitrator from the list published under subsection.
(B)
removed Appointment after 14-days— In the case of an agreement with respect to a mutually acceptable arbitrator not being reached within the 14-day limit described in subparagraph (A), the Secretary concerned shall appoint an arbitrator from the list published under this subsection.
(d)
removed Selection of proposals—
(1)
removed In general— The arbitrator appointed under subsection (c)—
(A)
removed may not modify any of the proposals submitted with the objection, protest, or request to intervene; and
(B)
removed shall select to be conducted—
(i)
removed the forest management activity, as approved by the Secretary; or
(ii)
removed a proposal submitted by an objector or an intervening party.
(2)
removed Selection criteria— An arbitrator shall, when selecting a proposal, consider—
(A)
removed whether the proposal is consistent with the applicable forest plan, laws, and regulations;
(B)
removed whether the proposal can be carried out by the Secretary concerned; and
(C)
removed the effect of each proposal on—
(i)
removed forest health;
(ii)
removed habitat diversity;
(iii)
removed wildfire potential;
(iv)
removed insect and disease potential;
(v)
removed timber production; and
(vi)
removed the implications of a resulting decline in forest health, loss of habitat diversity, wildfire, or insect or disease infestation, given fire and insect and disease historic cycles, on—
(I)
removed domestic water costs;
(II)
removed wildlife habitat loss; and
(III)
removed other economic and social factors.
(e)
removed Effect of decision— The decision of an arbitrator with respect to the forest management activity—
(1)
removed shall not be considered a major Federal action;
(2)
removed shall be binding; and
(3)
removed shall not be subject to judicial review, except as provided in section 10(a) of title 9, United States Code.
(f)
removed Deadline for completion— Not later than 90 days after the date on which the arbitration is filed with respect to the forest management activity, the arbitration process shall be completed.

Sec. 402 Resource advisory committees

(a)
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 “2022”.
(b)
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—
(1)
changed in paragraph (1), by striking “15 members” and inserting “9 members”; and
(2)
by striking “5 persons” each place it appears and inserting “3 persons”.
(c)
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—
(1)
in paragraph (3), by inserting before the period at the end the following: “, consistent with the requirements of paragraph (4)”; and
(2)
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.”

(d)
Appointment of resource advisory committees by applicable designee—
(1)
In general— Section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125) is further amended—
(A)
in subsection (a)—
(i)
in paragraph (1), by inserting “(or applicable designee)” after “The Secretary concerned”;
(ii)
in paragraph (3), by inserting “(or applicable designee)” after “the Secretary concerned”; and
(iii)
in paragraph (4), by inserting “(or applicable designee)” after “the Secretary concerned” both places it appears;
(B)
in subsection (b)(6), by inserting “(or applicable designee)” after “the Secretary concerned”;
(C)
in subsection (c)—
(i)
in the subsection heading, by inserting “or applicable designee” after “by the Secretary”;
(ii)
changed in paragraph (1), by inserting “(or applicable designee)” after “the “The Secretary concerned” both places it appears;
(iii)
changed in paragraph (2), by inserting “(or applicable designee)” after “the “The Secretary concerned”;
(iv)
changed in paragraph (4), by inserting “(or applicable designee)” after “the “The Secretary concerned”; and
(v)
by adding at the end the following new paragraph:

“(6) Applicable designee—In this section, the term applicable designee means—

“(A) with respect to Federal land described in section 3(7)(A), the applicable Regional Forester; and

“(B) with respect to Federal land described in section 3(7)(B), the applicable Bureau of Land Management State Director.”

(D)
changed in subsection (d), (d)(3), by inserting “(or applicable designee)” after “the Secretary concerned”; and
(E)
in subsection (f)(1)—
(i)
by inserting “(or applicable designee)” after “the Secretary concerned”; and
(ii)
by inserting “(or applicable designee)” after “of the Secretary”.
(2)
Conforming amendment— Section 201(3) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7121(3)) is amended by inserting “(or applicable designee (as defined in section 205(c)(6)))” after “Secretary concerned” both places it appears.

Sec. 901 Clarification of existing categorical exclusion authority related to insect and disease infestation

changed Section 603(c)(2)(B) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)(2)(B)) is amended by striking “Fire Regime Groups I, II, or III” and inserting “Fire Regime I, Fire Regime II, Fire Regime III, Fire Regime IV, or Fire Regime IV”.V”.

Sec. 910 Logging and mechanized operations

The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended—

(1)
in section 3 (29 U.S.C. 203)—
(A)
changed in subsection (l), by striking “well-being.” and inserting “well-being, and that employment of employees ages sixteen or seventeen years in a logging or mechanized operation in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of individuals of such ages shall not be deemed to constitute oppressive child labor if such employee is employed by his parent or by a person standing in the place of his parent in a logging or mechanized operation owned or operated by such parent or person”; person.”; and
(B)
by adding at the end the following:

“(z)

“(1) Logging—

“(A) means—

“(i) the felling, skidding, yarding, loading and processing of timber by equipment other than manually operated chainsaws and cable skidders;

“(ii) the felling of timber in mechanized operations;

“(iii) the bucking or converting of timber into logs, poles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts, or similar products;

“(iv) the collecting, skidding, yarding, loading, transporting and unloading of such products in connection with logging;

“(v) the constructing, repairing and maintaining of roads or camps used in connection with logging; the constructing, repairing, and maintenance of machinery or equipment used in logging; and

“(vi) other work performed in connection with logging; and

“(B) does not include the manual use of chain saws to fell and process timber and the use of cable skidders to bring the timber to the landing.

“(2) Mechanized operation—

“(A) means the felling, skidding, yarding, loading and processing of timber by equipment other than manually operated chainsaws and cable skidders; and

“(B) includes whole tree processors, cut-to-length processors, stroke boom delimbers, wheeled and track feller-bunchers, pull thru delimbers, wheeled and track forwarders, chippers, grinders, mechanical debarkers, wheeled and track grapple skidders, yarders, bulldozers, excavators, and log loaders.”

(2)
in section 13(c) (29 U.S.C. 211(c)), by adding at the end the following:

“(8) The provisions of section 12 relating to child labor shall apply to an employee who is 16 or 17 years old employed in a logging or mechanized operation in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children ages 16 or 17, except where such employee is employed by his parent or by a person standing in the place of his parent in a logging or mechanized operation owned or operated by such parent or person.”

Sec. 911 Amendments to the Act of August 28, 1937

changed The first section of the Act of August 28, 1937 (50 Stat. 874), 874; 43 U.S.C. 2601 et seq.), is amended—

(1)
by striking “principal of sustained yield” and inserting “principle of sustained yield”;
(2)
by striking “facilties” and inserting “facilities”; and
(3)
by striking “That timber from said lands in an amount” and inserting “That timber from said lands in the amount that is the greater of: ”.

Sec. 921 Definitions

added

added In this subtitle:

(1)
added Innovative wood product— The term innovative wood product means a type of building component or system that uses large panelized wood construction, including mass timber.
(2)
added Mass timber— The term mass timber includes—
(A)
added cross-laminated timber;
(B)
added nail laminated timber;
(C)
added glue laminated timber;
(D)
added laminated strand lumber; and
(E)
added laminated veneer lumber.
(3)
added Secretary— The term Secretary means the Secretary of Agriculture, acting through the Research and Development deputy area and the State and Private Forestry deputy area of the Forest Service.
(4)
added Tall wood building— The term tall wood building means a building designed to be—
(A)
added constructed with mass timber; and
(B)
added more than 85 feet in height.

Sec. 922 Clarification of research and development program for wood building construction

added
(a)
added In general— The Secretary shall conduct performance-driven research and development, education, and technical assistance for the purpose of facilitating the use of innovative wood products in wood building construction in the United States.
(b)
added Activities— In carrying out subsection (a), the Secretary shall—
(1)
added after receipt of input and guidance from, and collaboration with, the wood products industry, conservation organizations, and institutions of higher education, conduct research and development, education, and technical assistance at the Forest Products Laboratory or through the State and Private Forestry deputy area that meets measurable performance goals for the achievement of the priorities described in subsection (c); and
(2)
added after coordination and collaboration with the wood products industry and conservation organizations, make competitive grants to institutions of higher education to conduct research and development, education, and technical assistance that meets measurable performance goals for the achievement of the priorities described in subsection (c).
(c)
added Priorities— The research and development, education, and technical assistance conducted under subsection (a) shall give priority to—
(1)
added ways to improve the commercialization of innovative wood products;
(2)
added analyzing the safety of tall wood building materials;
(3)
added calculations by the Forest Products Laboratory of the life cycle environmental footprint, from extraction of raw materials through the manufacturing process, of tall wood building construction;
(4)
added analyzing methods to reduce the life cycle environmental footprint of tall wood building construction;
(5)
added analyzing the potential implications of the use of innovative wood products in building construction on wildlife; and
(6)
added one or more other research areas identified by the Secretary, in consultation with conservation organizations, institutions of higher education, and the wood products industry.
(d)
added Timeframe— To the maximum extent practicable, the measurable performance goals for the research and development, education, and technical assistance conducted under subsection (a) shall be achievable within a 5-year timeframe.