SEC. 8101. Support for State Assessments and Strategies for Forest Resources.
Section 2A(f)(1) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a(f)(1)) is amended by striking “ 2018” and inserting “ 2023”.
Title VIII — Forestry
TITLE VIII Forestry
Subtitle A Cooperative Forestry Assistance Act of 1978
SEC. 8102. State and Private Forest Landscape-Scale Restoration Program.
In General.— Section 13A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109a) is amended to read as follows:
“SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION PROGRAM.
“(a) Purpose.—The purpose of this section is to encourage collaborative, science-based restoration of priority forest landscapes.
“(b) Definitions.—In this section:
“(1) Indian tribe.—The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(2) Nonindustrial private forest land.—The term ‘nonindustrial private forest land’ means land that—
“(A) is rural, as determined by the Secretary;
“(B) has existing tree cover or is suitable for growing trees; and
“(C) is owned by any private individual, group, association, corporation, Indian tribe, or other private legal entity.
“(3) State forest land.—The term ‘State forest land’ means land that—
“(A) is rural, as determined by the Secretary; and
“(B) is under State or local governmental ownership and considered to be non-Federal forest land.
“(c) Establishment.—The Secretary, in consultation with State foresters or appropriate State agencies, shall establish a competitive grant program to provide financial and technical assistance to encourage collaborative, science-based restoration of priority forest landscapes.
“(d) Eligibility.—To be eligible to receive a grant under this section, an applicant shall submit to the Secretary, through the State forester or appropriate State agency, a State and private forest landscape-scale restoration proposal based on a restoration strategy that—
“(1) is complete or substantially complete;
“(2) is for a multiyear period;
“(3) covers nonindustrial private forest land or State forest land;
“(4) is accessible by wood-processing infrastructure; and
“(5) is based on the best available science.
“(e) Plan Criteria.—A State and private forest landscape-scale restoration proposal submitted under this section shall include plans—
“(1) to reduce the risk of uncharacteristic wildfires;
“(2) to improve fish and wildlife habitats, including the habitats of threatened and endangered species;
“(3) to maintain or improve water quality and watershed function;
“(4) to mitigate invasive species, insect infestation, and disease;
“(5) to improve important forest ecosystems;
“(6) to measure ecological and economic benefits, including air quality and soil quality and productivity; and
“(7) to take other relevant actions, as determined by the Secretary.
“(f) Priorities.—In making grants under this section, the Secretary shall give priority to plans that—
“(1) further a statewide forest assessment and resource strategy;
“(2) promote cross boundary landscape collaboration; and
“(3) leverage public and private resources.
“(g) Collaboration and Consultation.—The Chief of the Forest Service, the Chief of the Natural Resources Conservation Service, and relevant stakeholders shall collaborate and consult on an ongoing basis regarding—
“(1) administration of the program established under this section; and
“(2) identification of other applicable resources for landscape-scale restoration.
“(h) Matching Funds Required.—As a condition of receiving a grant under this section, the Secretary shall require the recipient of the grant to provide funds or in-kind support from non-Federal sources in an amount that is at least equal to the amount of Federal funds.
“(i) Coordination and Proximity Encouraged.—In making grants under this section, the Secretary may consider coordination with and proximity to other landscape-scale projects on other land under the jurisdiction of the Secretary, the Secretary of the Interior, or a Governor of a State, including under—
“(1) the Collaborative Forest Landscape Restoration Program established under section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303);
“(2) landscape areas designated for insect and disease treatments under section 602 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a);
“(3) good neighbor authority under section 19;
“(4) stewardship end result contracting projects authorized under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c);
“(5) appropriate State-level programs; and
“(6) other relevant programs, as determined by the Secretary.
“(j) Regulations.—The Secretary shall promulgate such regulations as the Secretary determines necessary to carry out this section.
“(k) Report.—Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on—
“(1) the status of development, execution, and administration of selected projects;
“(2) the accounting of program funding expenditures; and
“(3) specific accomplishments that have resulted from landscape-scale projects.
“(l) Fund.—
“(1) In general.—There is established in the Treasury a fund, to be known as the ‘State and Private Forest Landscape-Scale Restoration Fund’ (referred to in this subsection as the ‘Fund’), to be used by the Secretary to make grants under this section.
“(2) Contents.—The Fund shall consist of such amounts as are appropriated to the Fund under paragraph (3).
“(3) Authorization of appropriations.—There is authorized to be appropriated to the Fund $20,000,000 for each fiscal year beginning with the first full fiscal year after the date of enactment of this subsection through fiscal year 2023, to remain available until expended.”
Conforming Amendments.—
Section 13B of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109b) is repealed.
Section 19(a)(4)(C) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2113(a)(4)(C)) is amended by striking “ sections 13A and 13B” and inserting “ section 13A”.
Subtitle B Forest and Rangeland Renewable Resources Research Act of 1978
SEC. 8201. Repeal of Recycling Research.
Section 9 of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1648) is repealed.
SEC. 8202. Repeal of Forestry Student Grant Program.
Section 10 of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1649) is repealed.
Subtitle C Global Climate Change Prevention Act of 1990
SEC. 8301. Repeals Relating to Biomass.
Biomass Energy Demonstration Projects.— Section 2410 of the Global Climate Change Prevention Act of 1990 (7 U.S.C. 6708) is repealed.
Interagency Cooperation to Maximize Biomass Growth.— Section 2411 of the Global Climate Change Prevention Act of 1990 (7 U.S.C. 6709) is amended in the matter preceding paragraph (1) by striking “ to—” and all that follows through “ such forests and lands” in paragraph (2) and inserting “ to develop a program to manage forests and land on Department of Defense military installations”.
Subtitle D Healthy Forests Restoration Act of 2003
SEC. 8401. Promoting Cross-Boundary Wildfire Mitigation.
Section 103 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6513) is amended by adding at the end the following:
“(e) Cross-boundary Hazardous Fuel Reduction Projects.—
“(1) Definitions.—In this subsection:
“(A) Hazardous fuel reduction project.—The term ‘hazardous fuel reduction project’ means a hazardous fuel reduction project described in paragraph (2).
“(B) Non-federal land.—The term ‘non-Federal land’ includes—
“(i) State land;
“(ii) county land;
“(iii) Tribal land;
“(iv) private land; and
“(v) other non-Federal land.
“(2) Grants.—The Secretary may make grants to State foresters to support hazardous fuel reduction projects that incorporate treatments in landscapes across ownership boundaries on Federal and non-Federal land, particularly in areas identified as priorities in applicable State-wide forest resource assessments or strategies under section 2A(a) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a(a)), as mutually agreed to by the State forester and the Regional Forester.
“(3) Land treatments.—To conduct and fund treatments for hazardous fuel reduction projects carried out by State foresters using grants under paragraph (2), the Secretary may use the authorities of the Secretary relating to cooperation and technical and financial assistance, including the good neighbor authority under—
“(A) section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); and
“(B) section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011 note; Public Law 106–291).
“(4) Cooperation.—In carrying out a hazardous fuel reduction project using a grant under paragraph (2) on non-Federal land, the State forester, in consultation with the Secretary—
“(A) shall consult with any applicable owners of the non-Federal land; and
“(B) shall not implement the hazardous fuel reduction project on non-Federal land without the consent of the owner of the non-Federal land.
“(5) Authorization of appropriations.—There is authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2019 through 2023.”
SEC. 8402. Authorization of Appropriations for Hazardous Fuel Reduction on Federal Land.
Section 108 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6518) is amended by striking “ $760,000,000 for each fiscal year” and inserting “ $660,000,000 for each of fiscal years 2019 through 2023”.
SEC. 8403. Repeal of Biomass Commercial Utilization Grant Program.
In General.— Section 203 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6531) is repealed.
Conforming Amendment.— The table of contents for the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108–148) is amended by striking the item relating to section 203.
SEC. 8404. Water Source Protection Program.
In General.— Title III of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6541 et seq.) is amended by adding at the end the following:
“SEC. 303. WATER SOURCE PROTECTION PROGRAM.
“(a) Definitions.—In this section:
“(1) End water user.—The term ‘end water user’ means a non-Federal entity, including—
“(A) a State;
“(B) a political subdivision of a State;
“(C) an Indian tribe;
“(D) a utility;
“(E) a municipal water system;
“(F) an irrigation district;
“(G) a nonprofit organization; and
“(H) a corporation.
“(2) Forest management activity.—The term ‘forest management activity’ means a project carried out by the Secretary on National Forest System land.
“(3) Forest plan.—The term ‘forest plan’ means a land 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).
“(4) Non-federal partner.—The term ‘non-Federal partner’ means an end water user with whom the Secretary has entered into a partnership agreement under subsection (c)(1).
“(5) Program.—The term ‘Program’ means the Water Source Protection Program established under subsection (b).
“(6) Secretary.—The term ‘Secretary’ means the Secretary of Agriculture, acting through the Chief of the Forest Service.
“(7) Water source management plan.—The term ‘water source management plan’ means the water source management plan developed under subsection (d)(1).
“(b) Establishment.—The Secretary shall establish and maintain a program, to be known as the ‘Water Source Protection Program’, to carry out watershed protection and restoration projects on National Forest System land.
“(c) Water Source Investment Partnerships.—
“(1) In general.—In carrying out the Program, the Secretary may enter into water source investment partnership agreements with end water users to protect and restore the condition of National Forest watersheds that provide water to the end water users.
“(2) Form.—A partnership agreement described in paragraph (1) may take the form of—
“(A) a memorandum of understanding;
“(B) a cost-share or collection agreement;
“(C) a long-term funding matching commitment; or
“(D) another appropriate instrument, as determined by the Secretary.
“(d) Water Source Management Plan.—
“(1) In general.—In carrying out the Program, the Secretary, in cooperation with the non-Federal partners and applicable State, local, and Tribal governments, may develop a water source management plan that describes the proposed implementation of watershed protection and restoration projects under the Program.
“(2) Requirement.—A water source management plan shall be conducted in a manner consistent with the forest plan applicable to the National Forest System land on which the watershed protection and restoration project is carried out.
“(3) Environmental analysis.—The Secretary may conduct a single environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)—
“(A) for each watershed protection and restoration project included in the water source management plan; or
“(B) as part of the development of, or after the finalization of, the water source management plan.
“(e) Forest Management Activities.—
“(1) In general.—To the extent that forest management activities are necessary to protect, maintain, or enhance water quality, and in accordance with paragraph (2), the Secretary shall carry out forest management activities as part of watershed protection and restoration projects carried out on National Forest System land, with the primary purpose of—
“(A) protecting a municipal water supply system;
“(B) restoring forest health from insect infestations and disease; or
“(C) any combination of the purposes described in subparagraphs (A) and (B).
“(2) Compliance.—The Secretary shall carry out forest management activities under paragraph (1) in accordance with—
“(A) this Act;
“(B) the applicable water source management plan;
“(C) the applicable forest plan; and
“(D) other applicable laws.
“(f) Endangered Species Act of 1973.—In carrying out the Program, the Secretary may use the Manual on Adaptive Management of the Department of the Interior, including any associated guidance, to comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
“(g) Funds and Services.—
“(1) In general.—In carrying out the Program, the Secretary may accept and use funding, services, and other forms of investment and assistance from non-Federal partners to implement the water source management plan.
“(2) Matching funds required.—The Secretary shall require the contribution of funds or in-kind support from non-Federal partners to be in an amount that is at least equal to the amount of Federal funds.
“(3) Manner of use.—The Secretary may accept and use investments described in paragraph (1) directly or indirectly through the National Forest Foundation.
“(4) Water source protection fund.—
“(A) In general.—Subject to the availability of appropriations, the Secretary may establish a Water Source Protection Fund to match funds or in-kind support contributed by non-Federal partners under paragraph (1).
“(B) Use of appropriated funds.—There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 through 2023.
“(C) Partnership agreements.—The Secretary may make multiyear commitments, if necessary, to implement 1 or more partnership agreements under subsection (c).”
Conforming Amendment.— The table of contents for the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108–148) is amended by striking the item relating to section 303 and inserting the following:
“Sec. 303. Water Source Protection Program.”.
SEC. 8405. Watershed Condition Framework.
In General.— Title III of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6541 et seq.) (as amended by section 8404(a)) is amended by adding at the end the following:
“SEC. 304. WATERSHED CONDITION FRAMEWORK.
“(a) In General.—The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the ‘Secretary’), may establish and maintain a Watershed Condition Framework for National Forest System land—
“(1) to evaluate and classify the condition of watersheds, taking into consideration—
“(A) water quality and quantity;
“(B) aquatic habitat and biota;
“(C) riparian and wetland vegetation;
“(D) the presence of roads and trails;
“(E) soil type and condition;
“(F) groundwater-dependent ecosystems;
“(G) relevant terrestrial indicators, such as fire regime, risk of catastrophic fire, forest and rangeland vegetation, invasive species, and insects and disease; and
“(H) other significant factors, as determined by the Secretary;
“(2) to identify for protection and restoration up to 5 priority watersheds in each National Forest, and up to 2 priority watersheds in each national grassland, taking into consideration the impact of the condition of the watershed condition on—
“(A) wildfire behavior;
“(B) flood risk;
“(C) fish and wildlife;
“(D) drinking water supplies;
“(E) irrigation water supplies;
“(F) forest-dependent communities; and
“(G) other significant impacts, as determined by the Secretary;
“(3) to develop a watershed protection and restoration action plan for each priority watershed that—
“(A) takes into account existing restoration activities being implemented in the watershed; and
“(B) includes, at a minimum—
“(i) the major stressors responsible for the impaired condition of the watershed;
“(ii) a set of essential projects that, once completed, will address the identified stressors and improve watershed conditions;
“(iii) a proposed implementation schedule;
“(iv) potential partners and funding sources; and
“(v) a monitoring and evaluation program;
“(4) to prioritize protection and restoration activities for each watershed restoration action plan;
“(5) to implement each watershed protection and restoration action plan; and
“(6) to monitor the effectiveness of protection and restoration actions and indicators of watershed health.
“(b) Coordination.—In carrying out subsection (a), the Secretary shall—
“(1) coordinate with interested non-Federal landowners and State, Tribal, and local governments within the relevant watershed; and
“(2) provide for an active and ongoing public engagement process.
“(c) Emergency Designation.—Notwithstanding paragraph (2) of subsection (a), the Secretary may identify a watershed as a priority for rehabilitation in the Watershed Condition Framework without using the process described in that subsection if a Forest Supervisor determines that—
“(1) a wildfire has significantly diminished the condition of the watershed; and
“(2) the emergency stabilization activities of the Burned Area Emergency Response Team are insufficient to return the watershed to proper function.”
Conforming Amendment.— The table of contents for the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108–148) (as amended by section 8404(b)) is amended by inserting after the item relating to section 303 the following:
“Sec. 304. Watershed Condition Framework.”.
SEC. 8406. Authorization of Appropriations to Combat Insect Infestations and Related Diseases.
In General.— Section 406 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6556) is amended to read as follows:
“SEC. 406. TERMINATION OF EFFECTIVENESS.
“The authority provided by this title terminates effective October 1, 2023.”
Conforming Amendment.— The table of contents for the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108–148) is amended by striking the item relating to section 406 and inserting the following:
“Sec. 406. Termination of effectiveness.”.
SEC. 8407. Healthy Forests Restoration Act of 2003 Amendments.
Healthy Forests Reserve Program.—
Additional purpose of program.— Section 501(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571(a)) is amended—
by striking “ and” at the end of paragraph (2);
by redesignating paragraph (3) as paragraph (4); and
by inserting after paragraph (2) the following new paragraph:
“(3) to conserve forest land that provides habitat for species described in section 502(b); and”
Eligibility for enrollment.— Subsection (b) of section 502 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572) is amended to read as follows:
“(b) Eligibility.—To be eligible for enrollment in the healthy forests reserve program, land shall be private forest land, or private land being restored to forest land, the enrollment of which will maintain, restore, enhance, or otherwise measurably—
“(1) increase the likelihood of recovery of a species that is listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); or
“(2) improve the well-being of a species that—
“(A) is—
“(i) not listed as endangered or threatened under such section; and
“(ii) a candidate for such listing, a State-listed species, or a special concern species; or
“(B) is deemed a species of greatest conservation need by a State wildlife action plan.”
Other enrollment considerations.— Section 502(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(c)) is amended—
by striking “ and” at the end of paragraph (1);
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following new paragraph:
“(2) conserve forest land that provides habitat for species described in subsection (b); and”
Elimination of limitation on use of easements.— Section 502(e) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(e)) is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2).
Enrollment of acreage owned by an indian tribe.— Paragraph (2) of section 502(e) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(e)) (as redesignated by paragraph (4)) is amended, in subparagraph (B), by striking clauses (ii) and (iii) and inserting the following new clauses:
“(ii) a 10-year cost-share agreement;
“(iii) a permanent easement; or
“(iv) any combination of the options described in clauses (i) through (iii).”
Enrollment priority.— Section 502(f)(1)(B) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(f)(1)(B)) is amended by striking clause (ii) and inserting the following:
“(ii)
(I) are candidates for such listing, State-listed species, or special concern species; or
“(II) are deemed a species of greatest conservation need under a State wildlife action plan.”
Restoration plans.— Subsection (b) of section 503 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6573) is amended to read as follows:
“(b) Practices.—The restoration plan shall require such restoration practices and measures as are necessary to restore and enhance habitat for species described in section 502(b), including the following:
“(1) Land management practices.
“(2) Vegetative treatments.
“(3) Structural practices and measures.
“(4) Practices to increase carbon sequestration.
“(5) Practices to improve biological diversity.
“(6) Other practices and measures.”
Funding.— Section 508(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6578(b)) is amended—
in the subsection heading, by striking “ Fiscal Years 2014 Through 2018” and inserting “ Authorization of Appropriations”; and
by striking “ 2018” and inserting “ 2023”.
Technical correction.— Section 503(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6573(a)) is amended by striking “ Secretary of Interior” and inserting “ Secretary of the Interior”.
Insect and Disease Infestation.—
Treatment of areas.— Section 602(d)(1) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(1)) is amended by striking “ subsection (b) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation in the areas.” and inserting the following:
“(A) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation; or
“(B) to reduce hazardous fuels.”
Extension of authority.— Section 602(d)(2) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(2)) is amended by striking “ 2018” and inserting “ 2023”.
SEC. 8408. Authorization of Appropriations for Designation of Treatment Areas.
Section 602 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a) is amended by striking subsection (f).
Subtitle E Repeal or Reauthorization of Miscellaneous Forestry Programs
SEC. 8501. Repeal of Revision of Strategic Plan for Forest Inventory and Analysis.
Section 8301 of the Agricultural Act of 2014 (16 U.S.C. 1642 note; Public Law 113–79) is repealed.
SEC. 8502. Semiarid Agroforestry Research Center.
Section 1243(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 1642 note; Public Law 101–624) is amended by striking “ annually” and inserting “ for each of fiscal years 2019 through 2023”.
SEC. 8503. National Forest Foundation Act.
Matching Funds.— Section 405(b) of the National Forest Foundation Act (16 U.S.C. 583j–3(b)) is amended by striking “ 2018” and inserting “ 2023”.
Authorization of Appropriations.— Section 410(b) of the National Forest Foundation Act (16 U.S.C. 583j–8(b)) is amended by striking “ 2018” and inserting “ 2023”.
SEC. 8504. Conveyance of Forest Service Administrative Sites.
Section 503(f) of the Forest Service Facility Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109–54) is amended by striking “ 2016” and inserting “ 2023”.
Subtitle F Forest Management
SEC. 8601. Definition of National Forest System.
In this subtitle, the term “National Forest System” has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
PART I Expedited Environmental Analysis and Availability of Categorical Exclusions to Expedite Forest Management Activities
SEC. 8611. Categorical Exclusion for Greater Sage-Grouse and Mule Deer Habitat.
In General.— Title VI of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591 et seq.) is amended by adding at the end the following:
“SEC. 606. CATEGORICAL EXCLUSION FOR GREATER SAGE-GROUSE AND MULE DEER HABITAT.
“(a) Definitions.—In this section:
“(1) Covered vegetation management activity.—
“(A) In general.—The term ‘covered vegetation management activity’ means any activity described in subparagraph (B) that—
“(i)
(I) is carried out on National Forest System land administered by the Forest Service; or
“(II) is carried out on public land administered by the Bureau of Land Management;
“(ii) with respect to public land, meets the objectives of the order of the Secretary of the Interior numbered 3336 and dated January 5, 2015;
“(iii) conforms to an applicable forest plan or land use plan;
“(iv) protects, restores, or improves greater sage-grouse or mule deer habitat in a sagebrush steppe ecosystem as described in—
“(I) Circular 1416 of the United States Geological Survey entitled ‘Restoration Handbook for Sagebrush Steppe Ecosystems with Emphasis on Greater Sage-Grouse Habitat—Part 1. Concepts for Understanding and Applying Restoration’ (2015); or
“(II) the habitat guidelines for mule deer published by the Mule Deer Working Group of the Western Association of Fish and Wildlife Agencies;
“(v) will not permanently impair—
“(I) the natural state of the treated area;
“(II) outstanding opportunities for solitude;
“(III) outstanding opportunities for primitive, unconfined recreation;
“(IV) economic opportunities consistent with multiple-use management; or
“(V) the identified values of a unit of the National Landscape Conservation System;
“(vi)
(I) restores native vegetation following a natural disturbance;
“(II) prevents the expansion into greater sage-grouse or mule deer habitat of—
“(aa) juniper, pinyon pine, or other associated conifers; or
“(bb) nonnative or invasive vegetation;
“(III) reduces the risk of loss of greater sage-grouse or mule deer habitat from wildfire or any other natural disturbance; or
“(IV) provides emergency stabilization of soil resources after a natural disturbance; and
“(vii) provides for the conduct of restoration treatments that—
“(I) maximize the retention of old-growth and large trees, as appropriate for the forest type;
“(II) consider the best available scientific information to maintain or restore the ecological integrity, including maintaining or restoring structure, function, composition, and connectivity;
“(III) are developed and implemented through a collaborative process that—
“(aa) includes multiple interested persons representing diverse interests; and
“(bb)
(AA) is transparent and nonexclusive; or
“(BB) meets the requirements for a resource advisory committee under subsections (c) through (f) of section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125); and
“(IV) may include the implementation of a proposal that complies with the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 4003(b) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(b)).
“(B) Description of activities.—An activity referred to in subparagraph (A) is—
“(i) manual cutting and removal of juniper trees, pinyon pine trees, other associated conifers, or other nonnative or invasive vegetation;
“(ii) mechanical mastication, cutting, or mowing, mechanical piling and burning, chaining, broadcast burning, or yarding;
“(iii) removal of cheat grass, medusa head rye, or other nonnative, invasive vegetation;
“(iv) collection and seeding or planting of native vegetation using a manual, mechanical, or aerial method;
“(v) seeding of nonnative, noninvasive, ruderal vegetation only for the purpose of emergency stabilization;
“(vi) targeted use of an herbicide, subject to the condition that the use shall be in accordance with applicable legal requirements, Federal agency procedures, and land use plans;
“(vii) targeted livestock grazing to mitigate hazardous fuels and control noxious and invasive weeds;
“(viii) temporary removal of wild horses or burros in the area in which the activity is being carried out to ensure treatment objectives are met;
“(ix) in coordination with the affected permit holder, modification or adjustment of permissible usage under an annual plan of use of a grazing permit issued by the Secretary concerned to achieve restoration treatment objectives;
“(x) installation of new, or modification of existing, fencing or water sources intended to control use or improve wildlife habitat; or
“(xi) necessary maintenance of, repairs to, rehabilitation of, or reconstruction of an existing permanent road or construction of temporary roads to accomplish the activities described in this subparagraph.
“(C) Exclusions.—The term ‘covered vegetation management activity’ does not include—
“(i) any activity conducted in a wilderness area or wilderness study area;
“(ii) any activity for the construction of a permanent road or permanent trail;
“(iii) any activity conducted on Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited;
“(iv) any activity conducted in an area in which activities under subparagraph (B) would be inconsistent with the applicable land and resource management plan; or
“(v) any activity conducted in an inventoried roadless area.
“(2) Secretary concerned.—The term ‘Secretary concerned’ means—
“(A) the Secretary of Agriculture, with respect to National Forest System land; and
“(B) the Secretary of the Interior, with respect to public land.
“(3) Temporary road.—The term ‘temporary road’ means a road that is—
“(A) authorized—
“(i) by a contract, permit, lease, other written authorization; or
“(ii) pursuant to an emergency operation;
“(B) not intended to be part of the permanent transportation system of a Federal department or agency;
“(C) not necessary for long-term resource management;
“(D) designed in accordance with standards appropriate for the intended use of the road, taking into consideration—
“(i) safety;
“(ii) the cost of transportation; and
“(iii) impacts to land and resources; and
“(E) managed to minimize—
“(i) erosion; and
“(ii) the introduction or spread of invasive species.
“(b) Categorical Exclusion.—
“(1) In general.—Not later than 1 year after the date of enactment of this section, the Secretary concerned shall develop a categorical exclusion (as defined in section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation)) for covered vegetation management activities carried out to protect, restore, or improve habitat for greater sage-grouse or mule deer.
“(2) Administration.—In developing and administering the categorical exclusion under paragraph (1), the Secretary concerned shall—
“(A) comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
“(B) with respect to National Forest System land, apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion;
“(C) with respect to public land, apply the extraordinary circumstances procedures under section 46.215 of title 43, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion; and
“(D) consider—
“(i) the relative efficacy of landscape-scale habitat projects;
“(ii) the likelihood of continued declines in the populations of greater sage-grouse and mule deer in the absence of landscape-scale vegetation management; and
“(iii) the need for habitat restoration activities after wildfire or other natural disturbances.
“(c) Implementation of Covered Vegetative Management Activities Within the Range of Greater Sage-grouse and Mule Deer.—If the categorical exclusion developed under subsection (b) is used to implement a covered vegetative management activity in an area within the range of both greater sage-grouse and mule deer, the covered vegetative management activity shall protect, restore, or improve habitat concurrently for both greater sage-grouse and mule deer.
“(d) Long-term Monitoring and Maintenance.—Before commencing any covered vegetation management activity that is covered by the categorical exclusion under subsection (b), the Secretary concerned shall develop a long-term monitoring and maintenance plan, covering at least the 20-year period beginning on the date of commencement, to ensure that management of the treated area does not degrade the habitat gains secured by the covered vegetation management activity.
“(e) Disposal of Vegetative Material.—Subject to applicable local restrictions, any vegetative material resulting from a covered vegetation management activity that is covered by the categorical exclusion under subsection (b) may be—
“(1) used for—
“(A) fuel wood; or
“(B) other products; or
“(2) piled or burned, or both.
“(f) Treatment for Temporary Roads.—
“(1) In general.—Notwithstanding subsection (a)(1)(B)(xi), any temporary road constructed in carrying out a covered vegetation management activity that is covered by the categorical exclusion under subsection (b)—
“(A) shall be used by the Secretary concerned for the covered vegetation management activity for not more than 2 years; and
“(B) shall be decommissioned by the Secretary concerned not later than 3 years after the earlier of the date on which—
“(i) the temporary road is no longer needed; and
“(ii) the project is completed.
“(2) Requirement.—A treatment under paragraph (1) shall include reestablishing native vegetative cover—
“(A) as soon as practicable; but
“(B) not later than 10 years after the date of completion of the applicable covered vegetation management activity.
“(g) Limitations.—
“(1) Project size.—A covered vegetation management activity that is covered by the categorical exclusion under subsection (b) may not exceed 4,500 acres.
“(2) Location.—A covered vegetation management activity carried out on National Forest System land that is covered by the categorical exclusion under subsection (b) shall be limited to areas designated under section 602(b), as of the date of enactment of this section.”
Conforming Amendments.— The table of contents for the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108–148) is amended by adding at the end of the items relating to title VI the following:
“Sec. 602. Designation of treatment areas.
“Sec. 603. Administrative review.
“Sec. 604. Stewardship end result contracting projects.
“Sec. 605. Wildfire resilience projects.
“Sec. 606. Categorical exclusion for greater sage-grouse and mule deer habitat.”.
PART II Miscellaneous Forest Management Activities
SEC. 8621. Additional Authority for Sale or Exchange of Small Parcels of National Forest System Land.
Increase in Maximum Value of Small Parcels.— Section 3 of Public Law 97–465 (commonly known as the “Small Tract Act of 1983”) (16 U.S.C. 521e) is amended in the matter preceding paragraph (1) by striking “ $150,000” and inserting “ $500,000”.
Additional Conveyance Purposes.— Section 3 of Public Law 97–465 (16 U.S.C. 521e) (as amended by subsection (a)) is amended—
in paragraph (2), by striking “ ; or” and inserting a semicolon;
in paragraph (3), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(4) parcels of 40 acres or less that are determined by the Secretary—
“(A) to be physically isolated from other Federal land;
“(B) to be inaccessible; or
“(C) to have lost National Forest character;
“(5) parcels of 10 acres or less that are not eligible for conveyance under paragraph (2) but are encroached on by a permanent habitable improvement for which there is no evidence that the encroachment was intentional or negligent; or
“(6) parcels used as a cemetery (including a parcel of not more than 1 acre adjacent to the parcel used as a cemetery), a landfill, or a sewage treatment plant under a special use authorization issued or otherwise authorized by the Secretary.”
in the matter preceding paragraph (1), by striking “ The Secretary is authorized” and inserting the following:
“(a) Conveyance Authority; Consideration.—The Secretary is authorized”
in paragraph (2), in the second sentence, by striking “ The Secretary shall insert” and inserting the following:
“(b) Inclusion of Terms, Covenants, Conditions, and Reservations.—
“(1) In general.—The Secretary shall insert”
in subsection (b) (as so designated)—
by striking “ convenants” and inserting “ covenants”; and
in the second sentence by striking “ The preceding sentence shall not” and inserting the following:
“(2) Limitation.—Paragraph (1) shall not”
; and
by adding at the end the following:
“(c) Disposition of Proceeds.—
“(1) Deposit in sisk fund.—The net proceeds derived from any sale or exchange conducted under paragraph (4), (5), or (6) of section 3 shall be deposited in the fund established under Public Law 90–171 (commonly known as the ‘Sisk Act’) (16 U.S.C. 484a).
“(2) Use.—Amounts deposited under paragraph (1) shall be available to the Secretary until expended for—
“(A) the acquisition of land or interests in land for administrative sites for the National Forest System in the State from which the amounts were derived;
“(B) the acquisition of land or interests in land for inclusion in the National Forest System in that State, including land or interests in land that enhance opportunities for recreational access; or
“(C) the reimbursement of the Secretary for costs incurred in preparing a sale conducted under the authority of section 3 if the sale is a competitive sale.”
SEC. 8622. Forest Service Participation in Aces Program.
Section 8302 of the Agricultural Act of 2014 (16 U.S.C. 3851a) is amended—
by striking “ The Secretary” and inserting the following:
“(a) In General.—The Secretary”
; and
by adding at the end the following:
“(b) Termination of Effectiveness.—The authority provided to the Secretary to carry out this section terminates effective October 1, 2023.”
SEC. 8623. Authorization for Lease of Forest Service Sites.
Definitions.— In this section:
Administrative site.—
In general.— The term “administrative site” means—
any facility or improvement, including curtilage, that was acquired or is used specifically for purposes of administration of the National Forest System;
any Federal land that—
is associated with a facility or improvement described in clause (i) that was acquired or is used specifically for purposes of administration of Forest Service activities; and
underlies or abuts the facility or improvement; and
for each fiscal year, not more than 10 isolated, undeveloped parcels of not more than 40 acres each.
Exclusions.— The term “administrative site” does not include—
any land within a unit of the National Forest System that is exclusively designated for natural area or recreational purposes;
any land within—
a component of the National Wilderness Preservation System;
a component of the National Wild and Scenic Rivers System; or
a National Monument; or
any Federal land that the Secretary determines—
is needed for resource management purposes or to provide access to other land or water; or
would be in the public interest not to lease.
Facility or improvement.— The term “facility or improvement” includes—
a forest headquarters;
a ranger station;
a research station or laboratory;
a dwelling;
a warehouse;
a scaling station;
a fire-retardant mixing station;
a fire-lookout station;
a guard station;
a storage facility;
a telecommunication facility; and
any other administrative installation for conducting Forest Service activities.
Market analysis.— The term “market analysis” means the identification and study of the market for a particular economic good or service.
Authorization.— The Secretary may lease an administrative site that is under the jurisdiction of the Secretary in accordance with this section.
Identification of Eligible Sites.— A regional forester, in consultation with forest supervisors in the region, may submit to the Secretary a recommendation for administrative sites in the region that the regional forester considers eligible for leasing under this section.
Consultation With Local Government and Public Notice.— Before making an administrative site available for lease under this section, the Secretary shall—
consult with government officials of the community and of the State in which the administrative site is located; and
provide public notice of the proposed lease.
Lease Requirements.—
Size.— An administrative site or compound of administrative sites under a single lease under this section may not exceed 40 acres.
Configuration of administrative sites.—
In general.— To facilitate the lease of an administrative site under this section, the Secretary may configure the administrative site—
to maximize the marketability of the administrative site; and
to achieve management objectives.
Separate treatment of facility or improvement.— A facility or improvement on an administrative site to be leased under this section may be severed from the land and leased under a separate lease under this section.
Consideration.—
In general.— A person to which a lease of an administrative site is made under this section shall provide to the Secretary consideration described in subparagraph (B) in an amount that is not less than the market value of the administrative site, as determined in accordance with subparagraph (C).
Form of consideration.— The consideration referred to in subparagraph (A) may be—
cash;
in-kind, including—
the construction of new facilities or improvements, the title to which shall be transferred by the lessee to the Secretary;
the maintenance, repair, improvement, or restoration of existing facilities or improvements; and
other services relating to activities that occur on the administrative site, as determined by the Secretary; or
any combination of the consideration described in clauses (i) and (ii).
Determination of market value.—
In general.— The Secretary shall determine the market value of an administrative site to be leased under this section—
by conducting an appraisal in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions established in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.); and
the Uniform Standards of Professional Appraisal Practice; or
by competitive lease.
In-kind consideration.— The Secretary shall determine the market value of any in-kind consideration under subparagraph (B)(ii).
Conditions.— The lease of an administrative site under this section shall be subject to such conditions, including bonding, as the Secretary determines to be appropriate.
Right of first refusal.— Subject to terms and conditions that the Secretary determines to be necessary, the Secretary shall offer to lease an administrative site to the municipality or county in which the administrative site is located before seeking to lease the administrative site to any other person.
Relation to Other Laws.—
Federal property disposal.— Chapter 5 of title 40, United States Code, shall not apply to the lease of an administrative site under this section.
Lead-based paint and asbestos abatement.—
In general.— Notwithstanding any provision of law relating to the mitigation or abatement of lead-based paint or asbestos-containing building materials, the Secretary shall not be required to mitigate or abate lead-based paint or asbestos-containing building materials with respect to an administrative site to be leased under this section.
Procedures.— With respect to an administrative site to be leased under this section that has lead-based paint or asbestos-containing building materials, the Secretary shall—
provide notice to the person to which the administrative site will be leased of the presence of the lead-based paint or asbestos-containing building material; and
obtain written assurance from that person that the person will comply with applicable Federal, State, and local laws relating to the management of lead-based paint and asbestos-containing building materials.
Environmental review.— The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to the lease of an administrative site under this section, except that, in any environmental review or analysis required under that Act for the lease of an administrative site under this section, the Secretary shall be required only—
to analyze the most reasonably foreseeable use of the administrative site, as determined through a market analysis;
to determine whether to include any conditions under subsection (e)(4); and
to evaluate the alternative of not leasing the administrative site in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Compliance with local laws.— A person that leases an administrative site under this section shall comply with all applicable State and local zoning laws, building codes, and permit requirements for any construction activities that occur on the administrative site.
Prohibition.— No agency of the Federal Government shall make any cash payments to a leaseholder relating to the use or occupancy of any administrative site or facility that has been improved under this section.
Congressional Notifications.—
Anticipated use of authority.— As part of the annual budget justification documents provided to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate, the Secretary shall include—
a list of the anticipated leases to be made, including the anticipated revenue that may be obtained, under this section;
a description of the intended use of any revenue obtained under a lease under this section, including a list of any projects that cost more than $500,000; and
a description of accomplishments during previous years using the authority of the Secretary under this section.
Changes to lease list.— If the Secretary desires to lease an administrative site under this section that is not included on a list provided under paragraph (1)(A), the Secretary shall submit to the congressional committees described in paragraph (3) a notice of the proposed lease, including the anticipated revenue that may be obtained from the lease.
Use of authority.— Not less frequently than once each year, the Secretary shall submit to the Committee on Agriculture, the Committee on Appropriations, and the Committee on Natural Resources of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate a report describing each lease made by the Secretary under this section during the period covered by the report.
Expiration of Authority.—
In general.— The authority of the Secretary to make a lease of an administrative site under this section expires on October 1, 2023.
Effect on lease agreement.— Paragraph (1) shall not affect the authority of the Secretary to carry out this section in the case of any lease agreement that was entered into by the Secretary before October 1, 2023.
SEC. 8624. Good Neighbor Authority.
Inclusion of Indian Tribes.— Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended—
in paragraph (1)(A), by striking “ land and non-Federal land” and inserting “ land, non-Federal land, and land owned by an Indian tribe”;
in paragraph (5), by inserting “ or Indian tribe” after “ affected State”;
by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; and
by inserting after paragraph (5) (as so redesignated) the following:
“(6) Indian tribe.—The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).”
in subsection (a)—
in paragraph (1)(B), by inserting “ or county, as applicable,” after “ Governor”;
by redesignating paragraphs (2) through (9) (as amended by subsection (a)) as paragraphs (3) through (10), respectively;
by inserting after paragraph (1) the following:
“(2) County.—The term ‘county’ means—
“(A) the appropriate executive official of an affected county; or
“(B) in any case in which multiple counties are affected, the appropriate executive official of a compact of the affected counties.”
; and
in paragraph (5) (as so redesignated), by inserting “ or county, as applicable,” after “ Governor”; and
in subsection (b)—
in paragraph (1)(A), by inserting “ or county” after “ Governor”;
in paragraph (2)(A), by striking “ cooperative agreement or contract entered into under subsection (a)” and inserting “ good neighbor agreement”;
in paragraph (3), by inserting “ or county” after “ Governor”; and
by adding at the end the following:
“(4) Receipts.—Notwithstanding any other provision of law, any payment made by a county to the Secretary under a project conducted under a good neighbor agreement shall not be considered to be monies received from National Forest System land or Bureau of Land Management land, as applicable.”
Treatment of Revenue From Timber Sale Contracts.— Section 8206(b)(2) of the Agricultural Act of 2014 (16 U.S.C. 2113a(b)(2)) is amended by adding at the end the following:
“(C) Treatment of revenue.—
“(i) In general.—Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor—
“(I) to carry out authorized restoration services on Federal land under the good neighbor agreement; and
“(II) if there are funds remaining after carrying out subclause (I), to carry out authorized restoration services on Federal land within the State under other good neighbor agreements.
“(ii) Termination of effectiveness.—The authority provided by this subparagraph terminates effective October 1, 2023.”
SEC. 8625. Chattahoochee-Oconee National Forest Land Adjustment.
Findings.— Congress finds that—
certain National Forest System land in the State of Georgia consists of isolated tracts that are inefficient to manage or have lost their principal value for National Forest purposes;
the disposal of that National Forest System land would be in the public interest; and
proceeds from the sale of National Forest System land under subsection (b)(1) would be used best by the Forest Service to purchase land for National Forest purposes in the State of Georgia.
Land Conveyance Authority.—
In general.— Under such terms and conditions as the Secretary may prescribe, the Secretary may sell or exchange any or all rights, title, and interest of the United States in and to the National Forest System land described in paragraph (2)(A).
Land authorized for disposal.—
In general.— The National Forest System land referred to in paragraph (1) is the 30 tracts of land totaling approximately 3,841 acres that are generally depicted on the 2 maps entitled “Priority Land Adjustments, State of Georgia, U.S. Forest Service–Southern Region, Oconee and Chattahoochee National Forests, U.S. Congressional Districts–8, 9, 10 & 14” and dated September 24, 2013.
Maps.— The maps described in subparagraph (A) shall be on file and available for public inspection in the Office of the Forest Supervisor, Chattahoochee-Oconee National Forest, until such time as the land is sold or exchanged.
Modification of boundaries.— The Secretary may modify the boundaries of the National Forest System land described in subparagraph (A) based on land management considerations.
Form of conveyance.—
Quitclaim deed.— The Secretary shall convey National Forest System land sold or exchanged under paragraph (1) by quitclaim deed.
Reservations.— The Secretary may reserve any rights-of-way or other rights or interests in National Forest System land sold or exchanged under paragraph (1) that the Secretary considers necessary for management purposes or to protect the public interest.
Valuation.—
Market value.— The Secretary may not sell or exchange National Forest System land under paragraph (1) for less than market value, as determined by appraisal or through competitive bid.
Appraisal requirements.— Any appraisal under subparagraph (A) shall be—
consistent with the Uniform Appraisal Standards for Federal Land Acquisitions or the Uniform Standards of Professional Appraisal Practice; and
subject to the approval of the Secretary.
Consideration.—
Cash.— Consideration for a sale of National Forest System land or equalization of an exchange under paragraph (1) shall be paid in cash.
Exchange.— Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any National Forest System land exchanged under paragraph (1).
Method of sale.—
Options.— The Secretary may sell National Forest System land under paragraph (1) at public or private sale, including competitive sale by auction, bid, or otherwise, in accordance with such terms, conditions, and procedures as the Secretary determines are in the best interest of the United States.
Solicitations.— The Secretary may—
make public or private solicitations for the sale or exchange of National Forest System land under paragraph (1); and
reject any offer that the Secretary determines is not adequate or not in the public interest.
Brokers.— The Secretary may—
use brokers or other third parties in the sale or exchange of National Forest System land under paragraph (1); and
from the proceeds of a sale, pay reasonable commissions or fees.
Treatment of Proceeds.—
Deposit.— Subject to subsection (b)(7)(B), the Secretary shall deposit the proceeds of a sale or a cash equalization payment received from the sale or exchange of National Forest System land under subsection (b)(1) in the fund established under Public Law 90–171 (commonly known as the “Sisk Act”) (16 U.S.C. 484a).
Availability.— Subject to paragraph (3), amounts deposited under paragraph (1) shall be available to the Secretary until expended, without further appropriation, for the acquisition of land for National Forest purposes in the State of Georgia.
Private property protection.— Nothing in this section authorizes the use of funds deposited under paragraph (1) to be used to acquire land without the written consent of the owner of the land.
SEC. 8626. Tennessee Wilderness.
Definitions.— In this section:
Map.— The term “Map” means the map entitled “Proposed Wilderness Areas and Additions-Cherokee National Forest” and dated January 20, 2010.
State.— The term “State” means the State of Tennessee.
Additions to Cherokee National Forest.—
Designation of wilderness.— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels of Federal land in the Cherokee National Forest in the State are designated as wilderness and as additions to the National Wilderness Preservation System:
Certain land comprising approximately 9,038 acres, as generally depicted as the “Upper Bald River Wilderness” on the Map and which shall be known as the “Upper Bald River Wilderness”.
Certain land comprising approximately 348 acres, as generally depicted as the “Big Frog Addition” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Big Frog Wilderness.
Certain land comprising approximately 630 acres, as generally depicted as the “Little Frog Mountain Addition NW” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Little Frog Mountain Wilderness.
Certain land comprising approximately 336 acres, as generally depicted as the “Little Frog Mountain Addition NE” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Little Frog Mountain Wilderness.
Certain land comprising approximately 2,922 acres, as generally depicted as the “Sampson Mountain Addition” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Sampson Mountain Wilderness.
Certain land comprising approximately 4,446 acres, as generally depicted as the “Big Laurel Branch Addition” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Big Laurel Branch Wilderness.
Certain land comprising approximately 1,836 acres, as generally depicted as the “Joyce Kilmer-Slickrock Addition” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Joyce Kilmer-Slickrock Wilderness.
Maps and legal descriptions.—
In general.— As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of the wilderness areas designated by paragraph (1) with the appropriate committees of Congress.
Public availability.— The maps and legal descriptions filed under subparagraph (A) shall be on file and available for public inspection in the office of the Chief of the Forest Service and the office of the Supervisor of the Cherokee National Forest.
Force of law.— The maps and legal descriptions filed under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the maps and descriptions.
Administration.—
In general.— Subject to valid existing rights, the Federal land designated as wilderness by paragraph (1) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be deemed to be a reference to the date of enactment of this Act.
Fish and wildlife management.— In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the wilderness areas designated by paragraph (1).
SEC. 8627. Kisatchie National Forest Land Conveyance.
Finding.— Congress finds that it is in the public interest to authorize the conveyance of certain Federal land in the Kisatchie National Forest in the State of Louisiana for market value consideration.
Definitions.— In this section:
Collins camp properties.— The term “Collins Camp Properties” means Collins Camp Properties, Inc., a corporation incorporated under the laws of the State.
State.— The term “State” means the State of Louisiana.
Authorization of Conveyances, Kisatchie National Forest, Louisiana.—
Authorization.—
In general.— Subject to valid existing rights and paragraph (2), the Secretary may convey the Federal land described in subparagraph (B) by quitclaim deed at public or private sale, including competitive sale by auction, bid, or other methods.
Description of land.— The Federal land referred to in subparagraph (A) consists of—
all Federal land within sec. 9, T. 10 N., R. 5 W., Winn Parish, Louisiana; and
a 2.16-acre parcel of Federal land located in the SW¼ of sec. 4, T. 10 N., R. 5 W., Winn Parish, Louisiana, as depicted on a certificate of survey dated March 7, 2007, by Glen L. Cannon, P.L.S. 4436.
First right of purchase.— Subject to valid existing rights and subsection (e), during the 1-year period beginning on the date of enactment of this Act, on the provision of consideration by the Collins Camp Properties to the Secretary, the Secretary shall convey, by quitclaim deed, to Collins Camp Properties all right, title, and interest of the United States in and to—
the not more than 47.92 acres of Federal land comprising the Collins Campsites within sec. 9, T. 10 N., R. 5 W., in Winn Parish, Louisiana, as generally depicted on a certificate of survey dated February 28, 2007, by Glen L. Cannon, P.L.S. 4436; and
the parcel of Federal land described in paragraph (1)(B)(ii).
Terms and conditions.— The Secretary may—
configure the Federal land to be conveyed under this section—
to maximize the marketability of the conveyance; or
to achieve management objectives; and
establish any terms and conditions for the conveyances under this section that the Secretary determines to be in the public interest.
Consideration.— Consideration for a conveyance of Federal land under this section shall be—
in the form of cash; and
in an amount equal to the market value of the Federal land being conveyed, as determined under paragraph (5).
Market value.— The market value of the Federal land conveyed under this section shall be determined—
in the case of Federal land conveyed under paragraph (2), by an appraisal that is—
conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions; and
approved by the Secretary; or
if conveyed by a method other than the methods described in paragraph (2), by competitive sale.
Hazardous substances.—
In general.— In any conveyance of Federal land under this section, the Secretary shall meet disclosure requirements for hazardous substances, but shall otherwise not be required to remediate or abate the substances.
Effect.— Except as provided in subparagraph (A), nothing in this subsection affects the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) to the conveyances of Federal land.
Proceeds From the Sale of Land.— The Secretary shall deposit the proceeds of a conveyance of Federal land under subsection (c) in the fund established under Public Law 90–171 (commonly known as the “Sisk Act”) (16 U.S.C. 484a).
Administration.—
Costs.— As a condition of a conveyance of Federal land to Collins Camp Properties under subsection (c), the Secretary shall require Collins Camp Properties to pay at closing—
reasonable appraisal costs; and
the cost of any administrative and environmental analyses required by law (including regulations).
Permits.—
In general.— An offer by Collins Camp Properties for the acquisition of the Federal land under subsection (c) shall be accompanied by a written statement from each holder of a Forest Service special use authorization with respect to the Federal land that specifies that the holder agrees to relinquish the special use authorization on the conveyance of the Federal land to Collins Camp Properties.
Special use authorizations.— If any holder of a special use authorization described in subparagraph (A) fails to provide a written authorization in accordance with that subparagraph, the Secretary shall require, as a condition of the conveyance, that Collins Camp Properties administer the special use authorization according to the terms of the special use authorization until the date on which the special use authorization expires.
SEC. 8628. Purchase of Natural Resources Conservation Service Property, Riverside County, California.
Findings.— Congress finds as follows:
Since 1935, the United States has owned a parcel of land in Riverside, California, consisting of approximately 8.75 acres, more specifically described in subsection (b)(1) (in this section referred to as the “property”).
The property is under the jurisdiction of the Department of Agriculture and has been variously used for research and plant materials purposes.
Since 1998, the property has been administered by the Natural Resources Conservation Service of the Department of Agriculture.
Since 2002, the property has been co-managed under a cooperative agreement between the Natural Resources Conservation Service and the Riverside Corona Resource Conservation District, which is a legal subdivision of the State of California under section 9003 of the California Public Resources Code.
The Conservation District wishes to purchase the property and use it for conservation, environmental, and related educational purposes.
As provided in subsection (b), the purchase of the property by the Conservation District would promote the conservation education and related activities of the Conservation District and result in savings to the Federal Government.
Land Purchase, Natural Resources Conservation Service Property, Riverside County, California.—
Purchase authorized.— The Secretary shall sell and quitclaim to the Riverside Corona Resource Conservation District (in this section referred to as the “Conservation District”) all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, that is located at 4500 Glenwood Drive in Riverside, California, consists of approximately 8.75 acres, and is administered by the Natural Resources Conservation Service of the Department of Agriculture. As necessary or desirable to facilitate the purchase of the property under this subsection, the Secretary or the Conservation District may survey all or portions of the property.
Consideration.— As consideration for the purchase of the property under this subsection, the Conservation District shall pay to the Secretary an amount equal to the appraised value of the property.
Prohibition on reservation of interest.— The Secretary shall not reserve any future interest in the property to be conveyed under this subsection, except such interest as may be acceptable to the Conservation District.
Hazardous substances.— Notwithstanding section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), in the case of the property purchased by the Conservation District under this subsection, the Secretary shall be only required to meet the disclosure requirements for hazardous substances, pollutants, or contaminants, but shall otherwise not be required to remediate or abate any such releases of hazardous substances, pollutants, or contaminants, including petroleum and petroleum derivatives.
Cooperative authority.—
Leases, contracts, and cooperative agreements authorized.— In conjunction with, or in addition to, the purchase of the property by the Conservation District under this subsection, the Secretary may enter into leases, contracts and cooperative agreements with the Conservation District.
Sole source.— Notwithstanding sections 3105, 3301, and 3303 to 3305 of title 41, United States Code, or any other provision of law, the Secretary may lease real property from the Conservation District on a noncompetitive basis.
Non-exclusive authority.— The authority provided by this subsection is in addition to any other authority of the Secretary.
SEC. 8629. Collaborative Forest Landscape Restoration Program.
Waiver Authority.— Section 4003(d) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(d)) is amended by adding at the end the following:
“(4) Waiver.—
“(A) In general.—Subject to subparagraph (B), after consulting with the advisory panel established under subsection (e), if the Secretary determines that a proposal that has been selected under paragraph (1) and is being carried out continues to meet the eligibility criteria established by subsection (b), the Secretary, on a case-by-case basis, may issue for the proposal a 1-time extension of the 10-year period requirement under paragraph (1)(B) of that subsection.
“(B) Limitation.—The extension described in subparagraph (A)—
“(i) shall be for the shortest period of time practicable to complete implementation of the proposal, as determined by the Secretary; and
“(ii) shall not exceed 10 years.”
Waiver Limitation.— Section 4003(f)(4) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(f)(4)) is amended by adding at the end the following:
“(C) Exception.—The limitation described in subparagraph (B)(i) shall not apply to a proposal for which a 1-time extension is granted under subsection (d)(4).”
Reauthorization.— Section 4003(f)(6) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(f)(6)) is amended by striking “ $40,000,000 for each of fiscal years 2009 through 2019” and inserting “ $80,000,000 for each of fiscal years 2019 through 2023”.
Reporting Requirements.— Section 4003(h) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(h)) is amended—
in paragraph (3), by striking “ and” after the semicolon;
in paragraph (4), by striking the period at the end and inserting “ ; and”;
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively;
by inserting after paragraph (2) the following:
“(3) the Committee on Agriculture, Nutrition, and Forestry of the Senate;”
; and
by adding at the end the following:
“(6) the Committee on Agriculture of the House of Representatives.”
SEC. 8630. Utility Infrastructure Rights-Of-Way Vegetation Management Pilot Program.
Definitions.— In this section:
National forest system land.—
In general.— The term “National Forest System land” means land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
Exclusions.— The term “National Forest System land” does not include—
a National Grassland; or
a land utilization project on land designated as a National Grassland and administered pursuant to sections 31, 32, and 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010, 1011, 1012).
Passing wildfire.— The term “passing wildfire” means a wildfire that originates outside of a right-of-way.
Pilot program.— The term “pilot program” means the pilot program established by the Secretary under subsection (b).
Right-of-way.— The term “right-of-way” means a special use authorization issued by the Forest Service allowing the placement of utility infrastructure.
Utility infrastructure.— The term “utility infrastructure” means electric transmission lines, natural gas infrastructure, or related structures.
Establishment.—
In general.— To encourage owners or operators of rights-of-way on National Forest System land to partner with the Forest Service to voluntarily conduct vegetation management projects on a proactive basis to better protect utility infrastructure from potential passing wildfires, the Secretary may establish a limited, voluntary pilot program, in the manner described in this section, to conduct vegetation management projects on National Forest System land adjacent to those rights-of-way.
Application.— The pilot program shall not apply in a right-of-way described in paragraph (1).
Eligible Participants.—
In general.— A participant in the pilot program shall be the owner or operator of a right-of-way on National Forest System land.
Selection priority.— In selecting participants for the pilot program, the Secretary shall give priority to an owner or operator of a right-of-way that has developed the utility infrastructure protection prescriptions of the owner or operator in coordination with Forest Service fire scientists or fire managers.
Vegetation Management Projects.—
In general.— A vegetation management project conducted under the pilot program shall involve only limited vegetation management activities that—
shall create the least ground disturbance and least disturbance to wildlife reasonably necessary to protect utility infrastructure from passing wildfires based on applicable models, including Forest Service fuel models;
may include thinning and treatment of surface fuels, ladder fuels, and activity fuels to create or maintain shaded fuel breaks or other appropriate measures recommended by Forest Service fire scientists or fire managers;
shall only be conducted on National Forest System land; and
shall not—
extend for more than 150 feet from the electric transmission line for which the applicable participant has a right-of-way; or
comprise an overall width, for both sides of that electric transmission line, that totals more than 200 feet; and
shall not be conducted on—
a component of the National Wilderness Preservation System;
a designated wilderness study area;
an inventoried roadless area; or
Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited.
Approval.— Each vegetation management project described in paragraph (1) shall be subject to approval by the Forest Service in accordance with this section.
Fire prevention.— In carrying out a vegetation management project under the pilot program, a participant shall adhere to—
Forest Service regulations relating to spark arresting devices;
Forest Service regulations limiting and prohibiting certain activities conducted by contractors in an area, based on weather conditions and fire danger;
Forest Service regulations that apply to contractors removing vegetation on National Forest System land pursuant to a timber sale or stewardship contract, including regulations relating to—
protection of residual trees and timber damaged by contractors;
protection measures needed for plants, animals, cultural resources, and cave resources;
streamcourse protection and erosion control;
fire plans, precautions, and precautionary periods;
fire suppression costs; and
employment of eligible workers; and
State regulations relating to the prevention of wildfires and contractors removing vegetation.
Treatment of slash.— In carrying out a vegetation management project under the pilot program, a participant shall treat any activity fuels in a manner that—
is satisfactory to the Forest Service;
does not result in a fire hazard; and
reduces the risk of an insect or disease outbreak.
Project Costs.—
In general.— Except as provided in paragraph (2) and subsection (f)(2), a participant in the pilot program shall be responsible for all costs, as determined by the Secretary, incurred in participating in the pilot program.
Federal funding.— The Secretary may contribute funds for a vegetation management project conducted under the pilot program if the Secretary determines that the contribution is in the public interest.
Liability.—
Activities within rights-of-way.— Participation in the pilot program shall not affect any legal obligations or liability standards that arise under the right-of-way for activities in the right-of-way.
Wildfires.—
Operations fires.—
In general.— With respect to fire suppression costs for a wildfire caused by the operations of a participant in the pilot program (other than an operation or activity of a participant described in subparagraph (B) or (C)), the participant shall reimburse the Forest Service for those costs, subject to a maximum dollar amount to which the Forest Service and the participant shall agree prior to the commencement of the project.
Credit for actions by participants.—
In general.— If a participant in the pilot program provides actions, supplies, or equipment for use to suppress a wildfire described in clause (i) or at the request of the Forest Service, the cost of those actions, supplies, or equipment shall be credited toward the maximum dollar amount described in that clause.
Reimbursement.— If the actual cost of a participant described in subclause (I) exceeds the maximum dollar amount described in clause (i), the Forest Service shall reimburse the participant for the excess.
Negligent fires.—
In general.— Subject to clause (ii), if a wildfire is caused by the negligence of a participant in the pilot program, or an agent of the participant, including a wildfire caused by smoking by persons engaged in the operations of the participant, the participant shall bear the cost of damages to Forest Service resources and the fire suppression costs resulting from the wildfire.
Limitation.— Except as provided in clause (iii), the costs borne by a participant under clause (i) shall not exceed $500,000.
Failure to comply.— If the start or spread of a wildfire described in clause (i) is caused by the failure of the participant to comply with specific safety requirements expressly imposed by the Forest Service as a condition of conducting a vegetation management project under the pilot program or by this section, the participant shall bear the cost of damages to Forest Service resources and the fire suppression costs resulting from the wildfire.
Exceptions.— This paragraph shall not apply in the case of a wildfire caused by the felling of a tree by a participant in the pilot program, or an agent of the participant, onto an electric transmission line.
Effect.— Nothing in this subsection relieves a participant in the pilot program of any liabilities to which the participant is subject—
under State laws; or
with regard to damages to property other than Forest Service property.
Implementation.—
In general.— Except as provided in paragraph (3), the Secretary shall use the authority of the Secretary under other laws (including regulations) to carry out the pilot program.
Compliance with existing laws.— Except as provided in paragraph (3), a vegetation management project under the pilot program shall be—
consistent with the applicable land management plan for the area in which the project is located; and
carried out in accordance with all applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Modification of regulations.— In order to implement the pilot program in an efficient and expeditious manner, the Secretary may waive or modify specific provisions of the Federal Acquisition Regulation, including waivers or modifications to allow for the formation of contracts or agreements on a noncompetitive basis.
Treatment of Proceeds.— Notwithstanding any other provision of law, the Secretary may—
retain any funds provided to the Forest Service by a participant in the pilot program; and
use funds retained under paragraph (1), in such amounts as may be appropriated, to carry out the pilot program.
Report to Congress.— Not later than December 31, 2020, and 2 years thereafter, the Secretary shall submit a report describing the status of the pilot program and vegetation management projects conducted under the pilot program to—
the Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of the Senate; and
the Committees on Agriculture and Natural Resources of the House of Representatives.
Duration.— The authority to carry out the pilot program, including any vegetation management project conducted under the pilot program, expires on October 1, 2023.
SEC. 8631. Okhissa Lake Rural Economic Development Land Conveyance.
Definition of Alliance.— In this section, the term “Alliance” means the Scenic Rivers Development Alliance.
Request.— Subject to the requirements of this section, if the Alliance submits a written request for conveyance by not later than 180 days after the date of enactment of this Act and the Secretary determines that it is in the public interest to convey the National Forest System Land described in subsection (c), the Secretary shall convey to the Alliance all right, title, and interest of the United States in and to the National Forest System land described in subsection (c) by quitclaim deed through a public or private sale, including a competitive sale by auction or bid.
Description of National Forest System Land.—
In general.— Subject to paragraph (2), the National Forest System land referred to in subsection (b) is the approximately 150 acres of real property located in sec. 6, T. 5 N. R. 4 E., Franklin County, Mississippi, and further described as—
the portion of the NW¼ NW¼ lying south of the south boundary of Berrytown Road;
the portion of the W½ NE¼ NW¼ lying south of the south boundary of Berrytown Road;
the portion of the SW¼ NW¼ lying east of the east boundary of U.S. Highway 98;
the W½ SE¼ NW¼;
the portion of the NW¼ SW¼ lying east of the east boundary of U.S. Highway 98;
the portion of the NE¼ SW¼ commencing at the southwest corner of the NE¼ SW¼, said point being the point of beginning, thence running east 330 feet along the south boundary of the NE¼ SW¼ to a point in Lake Okhissa, thence running northeasterly to a point in Lake Okhissa on the east boundary of the NE¼ SW¼ 330 feet south of the northeast corner thereof, thence running north 330 feet along the east boundary of the NE¼ SW¼ to the northeast corner thereof, thence running west along the north boundary of the NE¼ SW¼ to the NW corner thereof; thence running south along the west boundary of the NE¼ SW¼ to the point of beginning; and
the portion of the SE¼ SE¼ NW¼ commencing at the southeast corner of the SE¼ NW¼, said point being the point of beginning, and running northwesterly to the northwest corner of the SE¼ SE1\/4\ NW¼, thence running south along the west boundary of the SE¼ SE¼ NW¼ to the southwest corner thereof, thence running east along the south boundary of the SE¼ SE¼ NW¼ to the point of beginning.
Survey.— The exact acreage and legal description of the National Forest System land to be conveyed under this section shall be determined by a survey satisfactory to the Secretary.
Consideration.—
In general.— The consideration for the conveyance of any National Forest System land under this section shall be—
provided in the form of cash; and
in an amount equal to the fair market value of the National Forest System land being conveyed, as determined under paragraph (2).
Fair market value determination.— The fair market value of the National Forest System land conveyed under this section shall be determined—
in the case of a method of conveyance described in subsection (b), by an appraisal that is—
conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions; and
approved by the Secretary; or
in the case of a conveyance by a method other than a method described in subsection (b), by competitive sale.
Terms and Conditions.— The conveyance under this section shall be subject to—
valid existing rights; and
such other terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States.
Proceeds From Sale.— The Secretary shall deposit the proceeds of the conveyance of any National Forest System land under this section in the fund established under Public Law 90–171 (commonly known as the “Sisk Act”) (16 U.S.C. 484a).
Costs.— As a condition for the conveyance under this section, the Secretary shall require the Alliance to pay at closing—
any reasonable appraisal costs; and
the costs of any administrative or environmental analysis required by applicable law (including regulations).
SEC. 8632. Remote Sensing Technologies.
The Chief of the Forest Service shall—
continue to find efficiencies in the operations of the forest inventory and analysis program under section 3(e) of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1642(e)) through the improved use and integration of advanced remote sensing technologies to provide estimates for State- and national-level inventories, where appropriate; and
partner with States and other interested stakeholders to carry out the program described in paragraph (1).
PART III Timber Innovation
SEC. 8641. Definitions.
In this part:
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.
Mass timber.— The term “mass timber” includes—
cross-laminated timber;
nail laminated timber;
glue laminated timber;
laminated strand lumber; and
laminated veneer lumber.
Secretary.— The term “Secretary” means the Secretary, acting through the Research and Development deputy area and the State and Private Forestry deputy area of the Forest Service.
Tall wood building.— The term “tall wood building” means a building designed to be—
constructed with mass timber; and
more than 85 feet in height.
SEC. 8642. Clarification of Research and Development Program for Wood Building Construction.
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.
Activities.— In carrying out subsection (a), the Secretary shall—
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
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).
Priorities.— The research and development, education, and technical assistance conducted under subsection (a) shall give priority to—
ways to improve the commercialization of innovative wood products;
analyzing the safety of tall wood building materials;
calculations by the Forest Products Laboratory of the lifecycle environmental footprint, from extraction of raw materials through the manufacturing process, of tall wood building construction;
analyzing methods to reduce the lifecycle environmental footprint of tall wood building construction;
analyzing the potential implications of the use of innovative wood products in building construction on wildlife; and
1 or more other research areas identified by the Secretary, in consultation with conservation organizations, institutions of higher education, and the wood products industry.
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.
SEC. 8643. Wood Innovation Grant Program.
Definitions.— In this section:
Eligible entity.— The term “eligible entity” means—
an individual;
a public or private entity (including a center of excellence that consists of 1 or more partnerships between forestry, engineering, architecture, or business schools at 1 or more institutions of higher education); or
a State, local, or Tribal government.
Secretary.— The term “Secretary” means the Secretary, acting through the Chief of the Forest Service.
Grant Program.—
In general.— The Secretary, in carrying out the wood innovation grant program of the Secretary described in the notice of the Secretary entitled “Request for Proposals: 2016 Wood Innovations Funding Opportunity” (80 Fed. Reg. 63498 (October 20, 2015)), may make a wood innovation grant to 1 or more eligible entities each year for the purpose of advancing the use of innovative wood products.
Proposals.— To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary a proposal at such time, in such manner, and containing such information as the Secretary may require.
Incentivizing Use of Existing Milling Capacity.— In selecting among proposals of eligible entities under subsection (b)(2), the Secretary shall give priority to proposals that include the use or retrofitting (or both) of existing sawmill facilities located in counties in which the average annual unemployment rate exceeded the national average unemployment rate by more than 1 percent in the previous calendar year.
Matching Requirement.— As a condition of receiving a grant under subsection (b), an eligible entity shall provide funds equal to the amount received by the eligible entity under the grant, to be derived from non-Federal sources.
SEC. 8644. Community Wood Energy and Wood Innovation Program.
Section 9013 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8113) is amended to read as follows:
“SEC. 9013. COMMUNITY WOOD ENERGY AND WOOD INNOVATION PROGRAM.
“(a) Definitions.—In this section:
“(1) Community wood energy system.—
“(A) In general.—The term ‘community wood energy system’ means an energy system that—
“(i) produces thermal energy or combined thermal energy and electricity where thermal is the primary energy output;
“(ii) services public facilities owned or operated by State or local governments (including schools, town halls, libraries, and other public buildings) or private or nonprofit facilities (including commercial and business facilities, such as hospitals, office buildings, apartment buildings, and manufacturing and industrial buildings); and
“(iii) uses woody biomass, including residuals—
“(I) that have not been adulterated with glue or other chemical treatments from wood processing facilities, as the primary fuel; and
“(II) for which the use of that biomass for energy production does not cause conversion of forests to nonforest use.
“(B) Inclusions.—The term ‘community wood energy system’ includes single-facility central heating, district heating systems serving multiple buildings, combined heat and electric systems where thermal energy is the primary energy output, and other related biomass energy systems.
“(2) Innovative wood product facility.—The term ‘innovative wood product facility’ means a manufacturing or processing plant or mill that produces—
“(A) building components or systems that use large panelized wood construction, including mass timber;
“(B) wood products derived from nanotechnology or other new technology processes, as determined by the Secretary; or
“(C) other innovative wood products that use low-value, low-quality wood, as determined by the Secretary.
“(3) Mass timber.—The term ‘mass timber’ includes—
“(A) cross-laminated timber;
“(B) nail-laminated timber;
“(C) glue-laminated timber;
“(D) laminated strand lumber; and
“(E) laminated veneer lumber.
“(4) Program.—The term ‘Program’ means the Community Wood Energy and Wood Innovation Program established under subsection (b).
“(b) Competitive Grant Program.—The Secretary, acting through the Chief of the Forest Service, shall establish a competitive grant program to be known as the ‘Community Wood Energy and Wood Innovation Program’.
“(c) Matching Grants.—
“(1) In general.—Under the Program, the Secretary shall make grants to cover not more than 35 percent of the capital cost for installing a community wood energy system or building an innovative wood product facility.
“(2) Special circumstances.—The Secretary may establish special circumstances, such as in the case of a community wood energy system project or innovative wood product facility project involving a school or hospital in a low-income community, under which grants under the Program may cover up to 50 percent of the capital cost.
“(3) Source of matching funds.—Matching funds required pursuant to this subsection from a grant recipient shall be derived from non-Federal funds.
“(d) Project Cap.—The total amount of grants under the Program for a community wood energy system project or innovative wood product facility project may not exceed—
“(1) in the case of grants under the general authority provided under subsection (c)(1), $1,000,000; and
“(2) in the case of grants for which the special circumstances apply under subsection (c)(2), $1,500,000.
“(e) Selection Criteria.—In selecting applicants for grants under the Program, the Secretary shall consider the following:
“(1) The energy efficiency of the proposed community wood energy system or innovative wood product facility.
“(2) The cost effectiveness of the proposed community wood energy system or innovative wood product facility.
“(3) The extent to which the proposed community wood energy system or innovative wood product facility represents the best available commercial technology.
“(4) The extent to which the proposed community wood energy system uses the most stringent control technology that has been required or achieved in practice for a wood-fired boiler of similar size and type.
“(5)
(A) The extent to which the proposed community wood energy system will displace conventional fossil fuel generation.
“(B) Whether the proposed community wood energy system minimizes emission increases to the greatest extent possible.
“(6) The extent to which the proposed community wood energy system will increase delivered thermal efficiency of the systems replaced.
“(7) The extent to which the applicant has demonstrated a high likelihood of project success by completing detailed engineering and design work in advance of the grant application.
“(8) Other technical, economic, conservation, and environmental criteria that the Secretary considers appropriate.
“(f) Grant Priorities.—In selecting applicants for grants under the Program, the Secretary shall give priority to proposals that use the most stringent control technology that has been required or achieved in practice for a wood-fired boiler and—
“(1) would be carried out in a location where markets are needed for the low-value, low-quality wood;
“(2) would be carried out in a location with limited access to natural gas pipelines;
“(3) would include the use or retrofitting (or both) of existing sawmill facilities located in a location where the average annual unemployment rate exceeded the national average unemployment rate by more than 1 percent during the previous calendar year; or
“(4) would be carried out in a location where the project will aid with forest restoration.
“(g) Limitations.—
“(1) Capacity of community wood energy systems.—A community wood energy system acquired with grant funds under the Program shall not exceed nameplate capacity of 5 megawatts of thermal energy or combined thermal and electric energy.
“(2) Funding for innovative wood product facilities.—Not more than 25 percent of funds provided as grants under the Program for a fiscal year may go to applicants proposing innovative wood product facilities, unless the Secretary has received an insufficient number of qualified proposals for community wood energy systems.
“(h) Funding.—There is authorized to be appropriated to carry out the Program $25,000,000 for each of fiscal years 2019 through 2023.”
Subtitle G Other Matters
SEC. 8701. Rural Revitalization Technologies.
Section 2371(d)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by striking “ 2018” and inserting “ 2023”.
SEC. 8702. Resource Advisory Committees.
Section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125) is amended—
in subsection (d)—
in paragraph (1), by striking “ Each” and inserting “ Except as provided in paragraph (6), each”;
in paragraph (2), in the matter preceding subparagraph (A), by striking “ Committee” and inserting “ Except as provided in paragraph (6), committee”; and
by adding at the end the following:
“(6) Committee composition waiver authority.—
“(A) Notice.—On notice from the applicable regional forester that an adequate number of qualified candidates are not interested or available to serve on a resource advisory committee, the Secretary concerned shall publish a notice in the Federal Register seeking candidates for the resource advisory committee.
“(B) Modification of membership requirements.—If, by the date that is 30 days after the date of publication of notice under subparagraph (A), an inadequate number of qualified candidates have applied to serve on a resource advisory committee, the Secretary concerned may reduce—
“(i) the membership requirement under paragraph (1) to not fewer than 9; and
“(ii) the membership requirements under subparagraphs (A), (B), and (C) of paragraph (2) to 3 in each category described in that paragraph, except that where a vacancy exists on a resource advisory committee, the Secretary concerned may not reject a qualified applicant from any category.
“(C) Termination of authority.—The authority provided under this paragraph terminates on October 1, 2023.”
; and
by adding at the end the following:
“(g) Regional Appointment Pilot Program.—
“(1) Definition of applicable designee.—In this subsection, the term ‘applicable designee’ means the applicable regional forester.
“(2) Pilot program.—The Secretary concerned shall carry out a pilot program (referred to in this subsection as the ‘pilot program’) to allow an applicable designee to appoint members of resource advisory committees.
“(3) Geographic limitation.—The pilot program shall only apply to resource advisory committees chartered in—
“(A) the State of Montana; and
“(B) the State of Arizona.
“(4) Responsibilities of applicable designee.—
“(A) Review.—Before appointing a member of a resource advisory committee under the pilot program, an applicable designee shall conduct the review and analysis that would otherwise be conducted for an appointment to a resource advisory committee if the pilot program was not in effect, including any review and analysis with respect to civil rights and budgetary requirements.
“(B) Savings clause.—Nothing in this subsection relieves an applicable designee from any requirement developed by the Secretary concerned for making an appointment to a resource advisory committee that is in effect on the date of enactment of this subsection, including any requirement for advertising a vacancy.
“(5) Termination of effectiveness.—The authority provided under this subsection terminates on October 1, 2023.
“(6) Report to congress.—Not later than the date that is 180 days after the date described in paragraph (5), the Secretary concerned shall submit to Congress a report that includes—
“(A) with respect to appointments made under the pilot program compared to appointments to resource advisory committees not made under the pilot program, a description of the extent to which—
“(i) appointments were faster or slower; and
“(ii) the requirements described in paragraph (4) differ; and
“(B) a recommendation with respect to whether Congress should terminate, continue, modify, or expand the pilot program.”
SEC. 8703. Tribal Forest Management Demonstration Project.
In General.— The Secretary of the Interior and the Secretary may carry out demonstration projects by which federally recognized Indian Tribes or Tribal organizations may contract to perform administrative, management, and other functions of programs of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) through contracts entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.).
Requirements.— With respect to any contract or project carried out under subsection (a)—
on National Forest System land, the Secretary shall carry out all functions delegated to the Secretary of the Interior under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.);
the Secretary or the Secretary of the Interior, as applicable, shall make any decisions required to be made under—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.); and
the contract or project shall be entered into under, and in accordance with, section 403(b)(2) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5363(b)(2)).
SEC. 8704. Technical Corrections.
Wildfire Suppression Funding and Forest Management Activities Act.—
In general.— The Wildfire Suppression Funding and Forest Management Activities Act (Public Law 115–141) is amended—
in section 102(a)(2), by striking “ the date of enactment” and inserting “ the date of the enactment”; and
in section 401(a)(1), by inserting “ of 2000” after “ Self-Determination Act”.
Effective date.— The amendments made by paragraph (1) shall take effect as if enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act (Public Law 115–141).
Agricultural Act of 2014.— Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) (as amended by section 8624(b)) is amended—
in paragraph (4)(B)(i)(II), by striking “ Good Neighbor Authority Improvement Act” and inserting “ Wildfire Suppression Funding and Forest Management Activities Act”; and
in paragraph (8), by striking “ Good Neighbor Authority Improvement Act” and inserting “ Wildfire Suppression Funding and Forest Management Activities Act”.
SEC. 8705. Streamlining the Forest Service Process for Consideration of Communications Facility Location Applications.
Definitions.— In this section:
Communications facility.— The term “communications facility” includes—
any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and
any antenna or apparatus that—
is designed for the purpose of emitting radio frequency;
is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission or is using duly authorized devices that do not require individual licenses; and
is added to a tower, building, or other structure.
Communications site.— The term “communications site” means an area of covered land designated for communications uses.
Communications use.— The term “communications use” means the placement and operation of a communications facility.
Communications use authorization.— The term “communications use authorization” means an easement, right-of-way, lease, license, or other authorization to locate or modify a communications facility on covered land by the Forest Service for the primary purpose of authorizing the occupancy and use of the covered land for communications use.
Covered land.— The term “covered land” means National Forest System land.
Forest service.— The term “Forest Service” means the United States Forest Service of the Department of Agriculture.
Organizational unit.— The term “organizational unit” means, within the Forest Service—
a regional office;
the headquarters;
a management unit; or
a ranger district office.
Regulations.— Notwithstanding section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) or section 606 of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 (Public Law 115–141), not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations—
to streamline the process for considering applications to locate or modify communications facilities on covered land;
to ensure, to the maximum extent practicable, that the process is uniform and standardized across the organizational units of the Forest Service; and
to require that the applications described in paragraph (1) be considered and granted on a competitively neutral, technology neutral, and non-discriminatory basis.
Requirements.— The regulations issued under subsection (b) shall include the following:
Procedures for the tracking of applications described in subsection (b)(1), including—
identifying the number of applications—
received;
approved; and
denied;
in the case of an application that is denied, describing the reasons for the denial; and
describing the amount of time between the receipt of an application and the issuance of a final decision on an application.
Provision for minimum lease terms of not less than 15 years for leases with respect to the location of communications facilities on covered land.
A structure of fees for—
submitting an application described in subsection (b)(1), based on the cost to the Forest Service of considering such an application; and
issuing communications use authorizations, based on the cost to the Forest Service of any maintenance or other activities required to be performed by the Forest Service as a result of the location or modification of the communications facility.
Provision for prioritization or streamlining of the consideration of applications to locate or modify communications facilities on covered land in a previously disturbed right-of-way.
Additional Considerations.— In issuing regulations under subsection (b), the Secretary shall consider—
how discrete reviews in considering an application described in subsection (b)(1) can be conducted simultaneously, rather than sequentially, by any organizational units of the Forest Service that must approve the location or modification; and
how to eliminate overlapping requirements among the organizational units of the Forest Service with respect to the location or modification of a communications facility on covered land administered by those organizational units.
Communication of Streamlined Process to Organizational Units.— The Secretary shall, with respect to the regulations issued under subsection (b)—
communicate the regulations to the organizational units of the Forest Service; and
ensure that the organizational units of the Forest Service follow the regulations.
Deposit and Availability of Fees.—
Special account.— The Secretary of the Treasury shall establish a special account in the Treasury for the Forest Service for the deposit of fees collected by the Forest Service under subsection (c)(3) for communications use authorizations on covered land granted, issued, or executed by the Forest Service.
Requirements for fees collected.— Fees collected by the Forest Service under subsection (c)(3) shall be—
based on the costs described in subsection (c)(3); and
competitively neutral, technology neutral, and nondiscriminatory with respect to other users of the communications site.
Deposit of fees.— Fees collected by the Forest Service under subsection (c)(3) shall be deposited in the special account established for the Forest Service under paragraph (1).
Availability of fees.— Amounts deposited in the special account for the Forest Service shall be available, to the extent and in such amounts as are provided in advance in appropriation Acts, to the Secretary to cover costs incurred by the Forest Service described in subsection (c)(3), including the following:
Preparing needs assessments or other programmatic analyses necessary to designate communications sites and issue communications use authorizations.
Developing management plans for communications sites.
Training for management of communications sites.
Obtaining or improving access to communications sites.
No additional appropriations authorized.— Except as provided in paragraph (4), no other amounts are authorized to be appropriated to carry out this section.
Savings Provisions.—
Real property authorities.— Nothing in this section, or the amendments made by this section, shall be construed as providing any executive agency with any new leasing or other real property authorities not existing prior to the date of enactment of this Act.
Effect on other laws.— Nothing in this section, or the amendments made by this section, and no actions taken pursuant to this section, or the amendments made by this section, shall impact a decision or determination by any executive agency to sell, dispose of, declare excess or surplus, lease, reuse, or redevelop any Federal real property pursuant to title 40, United States Code, the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287), or any other law governing real property activities of the Federal Government. No agreement entered into pursuant to this section, or the amendments made by this section, may obligate the Federal Government to hold, control, or otherwise retain or use real property that may otherwise be deemed as excess, surplus, or that could otherwise be sold, leased, or redeveloped.
SEC. 8706. Report on Wildfire, Insect Infestation, and Disease Prevention on Federal Land.
Not later than 180 days after the date of the enactment of this Act and every year thereafter, the Secretary and the Secretary of Interior shall submit to the Committee on Agriculture of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Energy and Natural Resources of the Senate a jointly written report on—
the number of acres of Federal land treated by the Secretary or the Secretary of the Interior for wildfire, insect infestation, or disease prevention;
the number of acres of Federal land categorized as a high or extreme fire risk;
the total timber production from Federal land;
the number of acres and average fire intensity of wildfires affecting Federal land treated for wildfire, insect infestation, or disease prevention;
the number of acres and average fire intensity of wildfires affecting Federal land not treated for wildfire, insect infestation, or disease prevention;
the Federal response time for each fire on greater than 25,000 acres;
the number of miles of roads and trails on Federal land in need of maintenance;
the number of miles of roads on Federal land in need of decommissioning;
the maintenance backlog, as of the date of the report, for roads, trails, and recreational facilities on Federal land;
other measures needed to maintain, improve, or restore water quality on Federal land; and
other measures needed to improve ecosystem function or resiliency on Federal land.
SEC. 8707. West Fork Fire Station.
Definitions.— In this section:
County.— The term “County” means Dolores County, Colorado.
West fork fire station conveyance parcel.— The term “West Fork Fire Station Conveyance Parcel” means the parcel of approximately 3.61 acres of National Forest System land in the County, as depicted on the map entitled “Map for West Fork Fire Station Conveyance Parcel” and dated November 21, 2017.
Conveyance of West Fork Fire Station Conveyance Parcel, Dolores County, Colorado.—
In general.— On receipt of a request from the County and subject to such terms and conditions as are mutually satisfactory to the Secretary and the County, including such additional terms as the Secretary determines to be necessary, the Secretary shall convey to the County without consideration all right, title, and interest of the United States in and to the West Fork Fire Station Conveyance Parcel.
Costs.— Any costs relating to the conveyance under paragraph (1), including processing and transaction costs, shall be paid by the County.
Use of land.— The land conveyed to the County under paragraph (1) shall be used by the County only for a fire station, related infrastructure, and roads to facilitate access to and through the West Fork Fire Station Conveyance Parcel.
Reversion.— If any portion of the land conveyed under paragraph (1) is used in a manner that is inconsistent with the use described in paragraph (3), the land shall, at the discretion of the Secretary, revert to the United States.
SEC. 8708. Competitive Forestry, Natural Resources, and Environmental Grants Program.
Section 1232 of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 582a–8) is amended—
in subsection (a) by inserting “ or forest restoration” after “ research”; and
by amending subsection (c) to read as follows:
“(c) Priorities.—
“(1) Research.—In awarding the initial grants under subsection (a) the Secretary shall give priority to applicants who will use such grants for research concerning—
“(A) the biology of forest organisms, including physiology, genetic mechanisms, and biotechnology;
“(B) ecosystem function and management, including forest ecosystem research, biodiversity, forest productivity, pest management, water resources, and alternative silvicultural systems;
“(C) wood as a raw material, including forest products and harvesting;
“(D) human forest interactions, including outdoor recreation, public policy formulation, economics, sociology, and administrative behavior;
“(E) international trade, competition, and cooperation related to forest products;
“(F) alternative native crops, products, and services that can be produced from renewable natural resources associated with privately held forest lands;
“(G) viable economic production and marketing systems for alternative natural resource products and services;
“(H) economic and environmental benefits of various conservation practices on forest lands;
“(I) genetic tree improvement; and
“(J) market expansion.
“(2) Forest restoration.—Grants may be used to support programs that restore forest tree species native to American forests that may have suffered severe levels of mortality caused by non-native insects, plant pathogens, or others pests.
“(A) Required component of forest restoration strategy.—To receive a grant under this subsection, an eligible institution shall demonstrate that it offers a program with a forest restoration strategy that incorporates not less than one of the following components:
“(i) Collection and conservation of native tree genetic material.
“(ii) Production of propagules of native trees in numbers large enough for landscape scale restoration.
“(iii) Site preparation of former of native tree habitat.
“(iv) Planting of native tree seedlings.
“(v) Post-planting maintenance of native trees.
“(B) Award of grants.—The Secretary shall award competitive grants under this subsection based on the degree to which the applicant addresses the following criteria:
“(i) Risk posed to the forests of that State by non-native pests, as measured by such factors as the number of such pests present in the State.
“(ii) The proportion of the State’s forest composed of species vulnerable to non-native pests present in the United States.
“(iii) The pests’ rate of spread via natural or human-assisted means.”