S.Amdt. 3292

SA 3292. Mr. BARRASSO (for himself and Mr. Daines) submitted an
amendment intended to be proposed by him 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 II of subtitle F of title VIII, add the
following:

SEC. 862___. EXPEDITED FOREST MANAGEMENT ACTIVITIES.

(a) Definitions.--In this section:
(1) Collaborative process.--The term ``collaborative
process'' means a process relating to the management of
National Forest System land or public land under which a
project or forest management activity is developed and
implemented by the Secretary concerned through collaboration
with interested persons, as described in section 603(b)(1)(C)
of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591b(b)(1)(C)).
(2) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
the term in section 101 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6511).
(3) Forest management activity.--The term ``forest
management activity'' means a project or activity carried out
by the Secretary concerned on National Forest System land or
public land consistent with the forest plan covering the
National Forest System land or public land.
(4) Forest plan.--The term ``forest plan'' means--
(A) a land use plan prepared by the Bureau of Land
Management for public land pursuant to section 202 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712); or
(B) a land and resource 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).
(5) Resource advisory committee.--The term ``resource
advisory committee'' has the meaning given the term in
section 201 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7121).
(6) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary, with respect to National Forest System
land; and
(B) the Secretary of the Interior, with respect to public
land.
(b) Analysis of 2 Alternatives in Proposed Collaborative
Forest Management Activities.--
(1) In general.--In preparing an environmental assessment
or environmental impact

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statement under section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)) for a forest
management activity described in paragraph (2), the Secretary
concerned shall study, develop, and describe only the
following 2 alternatives:
(A) The forest management activity.
(B) The alternative of no action.
(2) Forest management activity described.--A forest
management activity referred to in paragraph (1) is a forest
management activity--
(A) that is--
(i) developed through a collaborative process;
(ii) proposed by a resource advisory committee;
(iii) included in a selected proposal under the
Collaborative Forest Landscape Restoration Program
established under section 4003 of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303);
(iv) conducted on land designated by the Secretary
concerned (or a designee of the Secretary concerned) under
section 602(b) of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591a(b)), notwithstanding whether the forest
management activity is initiated before September 30, 2018;
or
(v) covered by a community wildfire protection plan; and
(B) the primary purpose of which is--
(i)(I) hazardous fuel reduction;
(II) installation of fuel and fire breaks appropriate for
the forest type;
(III) protection of a municipal water supply system (as
defined in section 101 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6511));
(IV) improving wildlife habitat to meet management and
conservation goals; or
(V) treatment of insect and disease outbreaks on land
designated under section 602(b) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591a(b)); or
(ii) a combination of 2 or more of the purposes described
in subclauses (I) through (V) of clause (i).
(3) Elements of no action alternative.--In studying,
developing, and describing the alternative of no action under
paragraph (1)(B), the Secretary concerned shall consider
whether to evaluate--
(A) the effect of no action on--
(i) forest health;
(ii) habitat diversity;
(iii) wildfire potential;
(iv) insect and disease potential; and
(v) timber production; and
(B) the implications of a resulting decline in forest
health, loss of habitat diversity, wildfire, or insect or
disease infestation, given fire and insect and disease
historic cycles, on--
(i) domestic water supply in the project area;
(ii) wildlife habitat loss; and
(iii) other economic and social factors.
(c) Expansion of Categorical Exclusion for Insect and
Disease Infestation.--Section 603 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591b) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``described in subsection (b)'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) through (g) as
subsections (b) through (f), respectively; and
(4) in subsection (b) (as so redesignated)--
(A) in paragraph (1), by striking ``3000'' and inserting
``10,000''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``or'' at the end;
(ii) in subparagraph (B), by striking ``or III, outside the
wildland-urban interface.'' and inserting ``III, IV, or V,
outside the wildland-urban interface; or''; and
(iii) by adding at the end the following:
``(C) designated under section 602(b).''.
(d) Pilot Alternative Dispute Process.--
(1) Arbitration.--
(A) In general.--The Secretary, acting through the Chief of
the Forest Service (referred to in this subsection as the
``Secretary''), shall establish within the Forest Service a
10-year arbitration pilot program as an alternative dispute
resolution process in lieu of judicial review for the
projects described in paragraph (2).
(B) Notification to objectors.--On issuance of an appeal
response to an objection filed with respect to a project
subject to an objection at the project level under part 218
of title 36, Code of Federal Regulations (as in effect on the
date of enactment of this Act), the Secretary shall notify
each applicable individual or entity that submitted the
objection (referred to in this subsection as the
``objector'') that any further appeal may be subject to
arbitration in accordance with this subsection.
(C) Maximum number of arbitrations.--Under the pilot
program under this subsection, the Secretary may not
arbitrate more than 5 objections to projects in a fiscal year
in each Region of the Forest Service.
(2) Description of projects.--The Secretary, in
coordination with the head of the applicable Region of the
Forest Service, may designate any type of project under this
section for arbitration under this subsection.
(3) Arbitrators.--
(A) Appointment.--The Secretary shall develop and publish a
list of not fewer than 20 individuals eligible to serve as
arbitrators for the pilot program under this subsection.
(B) Qualifications.--In order to be eligible to serve as an
arbitrator under this paragraph, an individual shall be
currently recognized by the American Arbitration Association.
(4) Initiation of arbitration.--
(A) In general.--Not later than 7 days after the date of
receipt of a notice of intent to file suit challenging a
project, the Secretary shall notify each applicable objector
and the court of jurisdiction that the project has been
designated for arbitration in accordance with this
subsection.
(B) Demand for arbitration.--
(i) In general.--An objector that sought judicial review of
a project that has been designated by the Secretary for
arbitration under this subsection may file a demand for
arbitration in accordance with--

(I) sections 571 through 584 of title 5, United States
Code; and
(II) this subparagraph.

(ii) Requirements.--A demand for arbitration under clause
(i) shall--

(I) be filed not later than the date that is 30 days after
the date of the notification by the Secretary under
subparagraph (A); and
(II) include an alternative proposal to the applicable
project that describes each modification sought by the
objector with respect to the project.

(5) Selection of arbitrator.--
(A) In general.--For each arbitration commenced under this
subsection, the Secretary and each applicable objector shall
agree on a mutually acceptable arbitrator from the list
published under paragraph (3)(A).
(B) Appointment.--If no agreement is reached on a mutually
acceptable arbitrator under subparagraph (A) by the date that
is 21 days after the date on which demand for arbitration is
filed, the Secretary shall appoint an arbitrator from the
list published under paragraph (3)(A).
(6) Responsibilities of arbitrator.--
(A) In general.--An arbitrator selected under paragraph
(5)--
(i) shall address each demand filed for arbitration with
respect to a project under this subsection; but
(ii) may consolidate into a single arbitration all demands
for arbitration by all objectors with respect to a project.
(B) Selection of proposals.--Subject to subparagraph (C),
an arbitrator shall make a decision regarding each applicable
demand for arbitration under this subsection by selecting--
(i) the project, as approved by the Secretary; or
(ii) an alternative proposal submitted by the applicable
objector.
(C) Selection criteria.--In selecting a proposal under
subparagraph (B), an arbitrator shall consider--
(i) the applicable administrative record;
(ii) the consistency of a proposal with--

(I) the applicable forest plan; and
(II) applicable laws (including regulations); and

(iii) which proposal best meets the purpose and need
described in the applicable environmental review documents
for the project.
(D) No modifications to proposals.--An arbitrator may not
modify any proposal contained in a demand for arbitration of
an objector under this subsection.
(7) Deadline for completion of arbitration.--Not later than
90 days after the date on which a demand for arbitration is
filed under paragraph (4)(B), the arbitration process shall
be completed.
(8) Effect of arbitration decision.--A decision of an
arbitrator under this subsection--
(A) shall not be considered to be a major Federal action;
(B) shall be binding; and
(C) shall not be subject to judicial review, except as
provided in section 10(a) of title 9, United States Code.
(9) Report on the pilot program.--
(A) In general.--Not later than 1 year before the date on
which the pilot program terminates under paragraph (10), the
Secretary shall submit to the Committees on Energy and
Natural Resources and Agriculture, Nutrition, and Forestry of
the Senate and the Committees on Natural Resources and
Agriculture of the House of Representatives, and make
publicly available, a report describing the implementation
and results of the pilot program under this subsection.
(B) Recommendations.--The report under subparagraph (A)
shall include recommendations of the Secretary relating to--
(i) whether the pilot program under this subsection should
be extended, let expire, or made permanent;
(ii) the manner in which the pilot program under this
subsection should be modified; and
(iii) if and how the scope of the pilot program under this
subsection should be expanded.
(10) Termination of pilot program.--The authority provided
by this subsection terminates effective January 1, 2027.
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