S.Amdt. 3237

SA 3237. Mr. DAINES submitted an amendment intended to be proposed to
amendment SA 3224 proposed by Mr. Roberts (for himself and Ms.
Stabenow) to the bill H.R. 2, to provide for the reform and
continuation of agricultural and other programs of the Department of
Agriculture through fiscal year 2023, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of part I of subtitle F of title VIII, add the
following:

SEC. 861_. EMERGENCY SITUATION DETERMINATIONS.

(a) Definitions.--In this section:
(1) Emergency action.--The term ``emergency action'' means
an action carried out pursuant to an emergency situation
determination.
(2) Emergency situation.--The term ``emergency situation''
means a situation on

[[Page S4644]]

National Forest System land for which immediate
implementation of a decision is necessary to mitigate harm to
life, property, or important natural or cultural resources on
National Forest System land or adjacent land.
(3) Emergency situation determination.--The term
``emergency situation determination'' means a determination
that an emergency situation exists.
(4) Land and resource management plan.--The term ``land and
resource management plan'' means a plan developed under
section 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604).
(5) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Chief of the Forest Service.
(b) Authorized Emergency Actions to Respond to Emergency
Situations.--
(1) Authorized emergency actions.--After making an
emergency situation determination with respect to National
Forest System land, the Secretary may carry out emergency
actions on that National Forest System land, including
through--
(A) the salvage of dead or dying trees;
(B) the harvest of trees damaged by wind or ice;
(C) the commercial and noncommercial sanitation harvest of
trees to control insects or disease;
(D) the felling and harvest of trees infested with insects
or disease;
(E) the construction or reconstruction of existing utility
lines; and
(F) replacing underground cables.
(2) Relation to land and resource management plans.--To the
maximum extent practicable, an emergency action carried out
under paragraph (1) shall be conducted consistent with the
land and resource management plan.
(c) Environmental Analysis.--
(1) Environmental assessment or environmental impact
statement.--If the Secretary determines that an emergency
action requires 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)), the Secretary shall study, develop, and describe--
(A) the proposed agency action; and
(B) the alternative of no action.
(2) Public notice.--The Secretary shall provide notice of
each emergency action that the Secretary determines requires
an environmental assessment or environmental impact statement
under paragraph (1), in accordance with applicable
regulations and administrative guidelines.
(3) Public comment.--The Secretary shall provide an
opportunity for public comment during the preparation of any
environmental assessment or environmental impact statement
under paragraph (1).
(4) Savings clause.--Nothing in this subsection prohibits
the Secretary from making an emergency situation
determination, including a determination that an emergency
exists pursuant to section 220.4(b) of title 36, Code of
Federal Regulations (or successor regulations), that makes it
necessary to take an emergency action before preparing an
environmental assessment or environmental impact statement
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(d) Administrative Review of Emergency Actions.--An
emergency action carried out under this section shall not be
subject to objection under the predecisional administrative
review processes established under section 105 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6515) and section
428 of the Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2012 (16 U.S.C. 6515
note; Public Law 112-74).
(e) Judicial Review of Emergency Actions.--
(1) Judicial review of projects.--Section 106 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516)
shall apply to an emergency action carried out under this
section.
(2) Injunctions.--A court of competent jurisdiction may not
enjoin an emergency action based solely on a finding by the
court that--
(A) an environmental assessment was improperly prepared in
lieu of an environmental impact statement for the emergency
action; or
(B) any other procedural error was made with respect to the
environmental analysis or implementation of the emergency
action.
(f) Environmental and Judicial Review of Emergency
Situation Determinations.--An emergency situation
determination under this section shall not be subject to--
(1) review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); or
(2) judicial review.
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