S. 3709Senate117th Congress (2021-2023)In Committee

Black Hills Forest Protection and Jobs Preservation Act of 2022

Sponsored by John ThuneSen. John Thune (R-SD)
Introduced February 28, 2022

AI-Generated Summary

Updated February 8, 2026 at 9:39 AM UTC

The bill directs the Secretary of Agriculture to carry out vegetation‑management and timber‑production projects on National Forest lands in Montana, South Dakota, and Wyoming, using faster environmental review processes. It earmarks $40 million from the Infrastructure Investment and Jobs Act for timber projects on the Black Hills, Bighorn, and Custer‑Gallatin National Forests through 2026 and sets those forests as top priority for ecological restoration. The law also limits court challenges and bars work in designated wilderness or roadless areas, affecting forest management, local timber jobs, and related communities.

Key Provisions

  • Expedited NEPA authorities, including sections of the Healthy Forests Restoration Act, must be used for vegetation‑management projects in the Black Hills National Forest.
  • $40 million is allocated (FY2022‑2026) for timber‑production projects on the Bighorn, Custer‑Gallatin, and Black Hills National Forests, using categorical exclusions and emergency action authority when practicable.
  • Any unused portion of the $40 million after September 30, 2026 stays available for other forest projects under the Infrastructure Investment and Jobs Act.
  • The Black Hills and Bighorn National Forests are designated as very high priority for ecological restoration involving vegetation removal.
  • Projects under this Act are not subject to judicial review.
  • Projects cannot be carried out in National Wilderness Preservation System components or inventoried roadless areas.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

2 earlier actions
SenateCommittee Latest Action

Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held.

June 7, 2022

View full timeline
SenateIntro Referral

Introduced in Senate

February 28, 2022

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources. (text: CR S838)

February 28, 2022

SenateCommittee

Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held.

June 7, 2022

Floor Debate

3 members

What members said about S. 3709 on the floor

2 Republicans1 Democrat
Susan M. Collins
Sen. Susan M. CollinsR-ME · Feb 28, 2022

Mr. President, I rise today to introduce the Reproductive Choice Act with my colleague and friend Senator Lisa Murkowski, which would codify the protections for reproductive rights established by the…

Tim Kaine
Sen. Tim KaineD-VA · Feb 28, 2022

Mr. President, today I am introducing the Auto Reenroll Act of 2022, alongside Representative Kathy Manning, who has introduced companion legislation in the House of Representatives. Enacting this…

John Thune
Sen. John ThuneR-SD · Feb 28, 2022

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

John Thune
Sen. John ThuneR-SD · Feb 28, 2022

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued February 28, 2022

II

117th CONGRESS

2d Session

S. 3709

IN THE SENATE OF THE UNITED STATES

February 28, 2022

Mr. Thune (for himself and Mr. Barrasso) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To require the Secretary of Agriculture to carry out vegetation management projects and timber production projects on certain National Forest System land in the States of Montana, South Dakota, and Wyoming, and for other purposes.

1.

Short title

This Act may be cited as the Black Hills Forest Protection and Jobs Preservation Act of 2022.

2.

Vegetation management projects on Black Hills National Forest using expedited NEPA authorities

The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this Act as the Secretary), shall issue 1 or more decisions using expedited authorities for compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including sections 603 and 605 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b, 6591d) and a determination of NEPA adequacy described in section 220.4(j) of title 36, Code of Federal Regulations (or successor regulations), to carry out vegetation management projects on land in the Black Hills National Forest.

3.

Funding for timber production projects

(a)

In general

Of the amounts made available to the Secretary by section 40803(c)(11) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(c)(11)), the Secretary shall use $40,000,000 for the period of fiscal years 2022 through 2026 to carry out projects on the Bighorn National Forest, the Custer Gallatin National Forest, and the Black Hills National Forest that will result in timber production.

(b)

Use of categorical exclusion and emergency action authorities

In carrying out projects under subsection (a), the Secretary shall use, to the extent practicable—

(1)

the categorical exclusion established by section 40806(b) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592b(b)); and

(2)

the emergency action authority under section 40807 of that Act (16 U.S.C. 6592c).

(c)

Excess amounts

If any amounts made available under subsection (a) are not used by the Secretary by September 30, 2026, and the Secretary has exhausted all reasonable means to use those amounts for the purposes described in that subsection, those amounts shall remain available to the Secretary until expended to carry out projects described in section 40803(c)(11) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592(c)(11)).

4.

Wood products infrastructure

In the ranking system developed under section 40804(d)(1) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592a(d)(1)), the Secretary shall categorize the Black Hills National Forest and the Bighorn National Forest as being very high priority for ecological restoration involving vegetation removal.

5.

Administration

(a)

Judicial review

A project carried out under section 2 or 3 shall not be subject to judicial review.

(b)

Excluded land

A project carried out under section 2 or 3 may not be carried out on—

(1)

a component of the National Wilderness Preservation System; or

(2)

an inventoried roadless area.