Sec. 101. Forest landscape projects

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In this section: The term collaborative process means a collaborative process described in section 4003(b)(2) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303(b)(2) ). The term forest landscape means an area that— primarily or entirely contains land that has a high or very high wildfire hazard potential; due to a fuel management activity in the area, would have a reduced risk, as determined by the Secretary concerned— of wildfire endangering a nearby at-risk community (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 )); of wildfire damaging a municipal watershed or infrastructure that serves an at-risk community described in clause (i); or of the transmission of a high intensity wildfire from the applicable wildland-urban interface or forest landscape to a nearby community; and to the extent practicable, is conducive to the development and implementation of projects relating to wildfire resilience and forest health that are carried out through a collaborative process.

The term forest landscape project means a project carried out in a forest landscape under subsection (b)(1)— in which 1 or more management activities are carried out; and that takes place on not more than 75,000 acres of Federal land or non-Federal land adjacent to Federal land on which the project is carried out. The term management activity means— the installation of fuel breaks (including shaded fuel breaks) not more than 1/2 -mile wide across a forest landscape in a strategic system that maximizes the reduction of wildfire risk to communities or watersheds; mechanical thinning (including restoration thinning) of a forest landscape to clear— surface fuels, such as slash; ladder fuels, such as small and medium diameter trees and shrubs; or both of the fuels described in clauses

(i)and (ii); and controlled burns. The term State means a State the entirety of which is located west of the 100th meridian. The term wildlife habitat means an ecological community on which a species of wild animal, bird, plant, fish, amphibian, or invertebrate depends for the conservation and protection of the species. Not later than 90 days after the date of enactment of this Act, in accordance with paragraph (2), the Secretary of Agriculture, in consultation with the Secretary of the Interior, shall select 3 forest landscapes on which to conduct forest landscape projects— to reduce the risk of wildfire in the forest landscape; to restore ecological health to the forest landscape; or to adapt the forest landscape to the increased risk of wildfire due to climate change. The Governor of a State may submit to the Secretary of Agriculture a proposal for a forest landscape project to be carried out in that State. The Secretary of Agriculture, in consultation with the Secretary of the Interior, shall select forest landscape projects to be conducted from among proposals submitted under subparagraph

(A)based on— the strength of the proposal and the strategy for the conduct of the forest landscape project; the strength of the ecological case of the proposal and the proposed ecological restoration strategies of the forest landscape project; the strength of the collaborative process through which the proposal was developed and the forest landscape project will be carried out and the likelihood of successful collaboration throughout implementation of the forest landscape project; whether the proposed forest landscape project is likely to achieve reductions in long-term wildfire management costs; whether the proposed forest landscape project would reduce the relative costs of carrying out ecological restoration treatments; whether the proposed forest landscape project would provide energy as a result of the use of woody biomass and small-diameter trees; and whether an appropriate level of non-Federal investment would be leveraged in carrying out the proposed forest landscape project. In selecting proposals under subparagraph (B), the Secretary of Agriculture, in consultation with the Secretary of the Interior, shall consult with the Governors of the States that submitted proposals under subparagraph (A). The selection of a forest landscape under this subsection shall not be subject to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) or any other applicable law. In carrying out a management activity under a forest landscape project, the Secretary concerned— shall maximize the retention of old-growth stands and large trees, as appropriate for the forest type, to the extent that the trees promote stands that are resilient to wildfire and increased average temperature; shall consider the best available scientific information to maintain or restore the ecological integrity of the forest landscape; and shall not establish a permanent road. This subsection shall apply in any case in which the Secretary concerned prepares an environmental assessment or an environmental impact statement pursuant to section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) for a forest landscape project— that— is developed through a collaborative process; or is covered by a community wildfire protection plan; the primary purpose of which is— reducing hazardous fuel loads; installing fuel and fire breaks; restoring forest health and resilience; protecting a municipal water supply or a critical communication site; improving wildlife habitat to meet management and conservation goals, including State population goals; or a combination of 2 or more of the purposes described in clauses

(i)through (v); and that does not include any action that is inconsistent with the applicable land and resource management plan. In an environmental assessment or environmental impact statement described in paragraph (1), the Secretary concerned shall study, develop, and describe only the following alternatives: The forest landscape project, as proposed under paragraph (1). A forest management activity or combination of forest management activities proposed by the relevant agency. The alternative of no action. In the case of the alternative of no action, the Secretary concerned shall evaluate the effect of no action only on— forest health; wildlife habitat; wildfire potential; insect and disease potential; economic and social factors; and water quality and quantity. This subsection does not apply to— any component of the National Wilderness Preservation System; any congressionally designated wilderness study area; any component of the National Wild and Scenic Rivers System; any research natural area; any National Forest System land or public land on which the removal of vegetation is prohibited by an Act of Congress or the President; any land in an inventoried roadless area; or any designated critical habitat for a federally listed threatened or endangered species, unless, after a consultation under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ), the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, determines that the forest management activity is not likely to destroy or adversely modify the critical habitat. A forest landscape project carried out under this section shall not include the construction of any new, permanent road. The Secretary concerned may carry out necessary maintenance of, repairs to, or reconstruction of an existing permanent road under a forest landscape project carried out under this section. The Secretary concerned shall decommission any temporary road constructed under a forest landscape project carried out under this section by not later than 3 years after the date on which the Secretary concerned determines the road is no longer needed. Notwithstanding section 1391 of title 28, United States Code, or other applicable law, a forest landscape project for which an environmental assessment or an environmental impact statement is prepared under paragraph (2)(A) shall be subject to judicial review only in— the United States district court for a district in which the Federal land to be treated under the forest landscape project is located; or the United States district court for the District of Columbia. In the judicial review of an action challenging a forest landscape project described in subparagraph (A), Congress encourages a court of competent jurisdiction to expedite, to the maximum extent practicable, the proceedings in the action with the goal of rendering a final determination on jurisdiction, and, if jurisdiction exists, a final determination on the merits, as soon as practicable after the date on which a complaint or appeal is filed to initiate the action. Subject to clause (ii), the length of any preliminary injunctive relief or stay pending appeal covering a forest landscape project described in subparagraph

(A)shall not exceed 60 days. A court of competent jurisdiction may issue 1 or more renewals of any preliminary injunction, or stay pending appeal, granted under clause (i). In each renewal of an injunction in an action, the parties to the action shall present the court with updated information on the status of the forest landscape project. A court shall not enjoin an agency action under a forest landscape project described in subparagraph

(A)if the court determines that the plaintiff is unable to demonstrate that the claim of the plaintiff is likely to succeed on the merits. As part of weighing the equities while considering any request for an injunction that applies to an agency action under a forest landscape project described in subparagraph (A), the court reviewing the project shall balance the impact to the ecosystem likely affected by the project of— the short- and long-term effects of undertaking the agency action; against the short- and long-term effects of not undertaking the agency action. Each Secretary concerned shall seek to use existing statutory and administrative authorities, including a good neighbor agreement entered into under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ), to carry out each forest landscape project. Not later than the last day of each fiscal year, each Secretary concerned shall submit a report describing the impacts on wildfire risk and the environment of forest landscape projects carried out under this section to— the Committee on Energy and Natural Resources of the Senate; the Committee on Natural Resources of the House of Representatives; the Committee on Agriculture, Nutrition, and Forestry of the Senate; and the Committee on Agriculture of the House of Representatives. There are authorized to be appropriated to carry out this section such sums as may be necessary for each fiscal year. Each Secretary concerned shall seek additional funding to carry out this section from private and State sources.

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Sec. 101

Forest landscape projects

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