S.Amdt. 3333Senate115th Congress (2017-2019)
S.Amdt. 3333
Sponsored by
Sen. Steve Daines (R-MT)
Submitted June 27, 2018
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Senate amendment submitted
June 27, 2018
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Submitted
SA 3333. 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. 86___. STATE-SUPPORTED PLANNING OF FOREST MANAGEMENT ACTIVITIES. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a State or political subdivision of a State that contains National Forest System land; (B) a publicly chartered utility serving 1 or more States or political subdivisions of a State; (C) a rural electric company; and (D) any other entity determined by the Secretary to be appropriate for participation in the Fund. (2) Forest management activity.--The term ``forest management activity'' means a project or activity carried out by the Secretary on National Forest System land in accordance with the applicable forest plan. (3) Forest plan.--The term ``forest plan'' means 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). (4) Fund.--The term ``Fund'' means the State-Supported Forest Management Fund established by subsection (b). (5) National forest system.--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)). (6) Secretary.--The term ``Secretary'' means the Secretary, acting through the Chief of the Forest Service. (b) Establishment.--There is established in the Treasury of the United States a fund, to be known as the ``State- Supported Forest Management Fund'', to cover the cost of planning (giving priority to compliance with section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2))), carrying out, and monitoring certain forest management activities on National Forest System land. (c) Contents.--The Fund shall consist of such amounts as may be-- (1) contributed by an eligible entity for deposit in the Fund; (2) appropriated to the Fund; or [[Page S4677]] (3) generated by forest management activities planned or carried out using amounts in the Fund, as provided in subsection (f). (d) Geographical and Use Limitations.--Except for the revenue generated by a forest management activity as provided in subsection (f)(2), in making a contribution under subsection (c)(1), an eligible entity, in consultation with the Secretary, may-- (1) specify the National Forest System land for which the contribution may be expended; and (2) limit the types of forest management activities for which the contribution may be expended. (e) Authorized Activities.--Except as provided in subsection (f), in such amounts as may be provided in advance in appropriation Acts, the Secretary may use amounts in the Fund to plan, carry out, and monitor any forest management activity on National Forest System land that is-- (1) developed through a collaborative process; (2) proposed by a resource advisory committee; or (3) covered by a community wildfire protection plan. (f) Use of Revenues.-- (1) Revenue from timber sale contracts.--Except as provided in subsection (g), for a forest management activity described in subsection (e) carried out using a timber sale contract under section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a), any revenue generated from the sale of timber under the contract shall-- (A) be deposited in the Fund; and (B) be available, without further appropriation, until expended. (2) Revenue from good neighbor agreements.--For a forest management activity described in subsection (e) carried out by a State using a subcontract in accordance with a State law applicable to contracting under a good neighbor agreement under section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a), any revenue generated from the sale of timber by the State shall-- (A) be deposited in the Fund; and (B) be available, without further appropriation, until expended, except that the amount of revenue in excess of the appraised value of the timber shall be used to pay the State for the costs of performing the authorized restoration services under the good neighbor agreement. (g) Relation to Other Laws.-- (1) Revenue sharing.--Subject to subsection (f), revenues generated by a forest management activity carried out using amounts from the Fund shall be considered to be monies received from the National Forest System. (2) Knutson-vandenberg act.--The Act of June 9, 1930 (commonly known as the ``Knutson-Vandenberg Act'') (16 U.S.C. 576 et seq.), shall apply to a forest management activity carried out using amounts in the Fund. (h) Termination of Fund.-- (1) In general.--The authority to initiate planning for a forest management activity described in subsection (e) shall terminate 10 years after the date of enactment of this Act. (2) Effect.--On the termination of the authority to use the Fund under paragraph (1), or pursuant to any other law, any unobligated contribution remaining in the Fund that is attributable to a contribution under subsection (c)(1) shall be returned to the eligible entity that made the contribution. ______