I 115TH CONGRESS 1ST SESSION H. R. 3715 To expedite salvage and reforestation projects in the Columbia Gorge National Scenic Area and other National Scenic Areas in response to certain catastrophic events, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 8, 2017 Mr. WALDEN introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To expedite salvage and reforestation projects in the Columbia Gorge National Scenic Area and other National Scenic Areas in response to certain catastrophic events, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Scenic Columbia Gorge dlhill on DSK3GLQ082PROD with BILLS 5 Restoration Act of 2017’’. VerDate Sep 11 2014 23:59 Sep 12, 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3715.IH H3715 2 1 SEC. 2. EXPEDITED RECOVERY ACTIVITIES IN RESPONSE 2 TO CATASTROPHIC EVENTS IN NATIONAL 3 SCENIC AREAS. 4 (a) DEFINITIONS.—In this section: 5 (1) CATASTROPHIC term ‘‘cata- 6 strophic event’’ means any natural disaster (such as 7 hurricane, tornado, windstorm, snow or ice storm, 8 rain storm, high water, wind-driven water, tidal 9 wave, earthquake, volcanic eruption, landslide, 10 mudslide, drought, or insect or disease outbreak) or 11 any fire, flood, or explosion, regardless of cause. 12 (2) CONCLUSION.—The term ‘‘conclusion’’, with 13 respect to a catastrophic event, includes containment 14 of the catastrophic event if occurring before the ac- 15 tual end of the catastrophic event. 16 (3) NATIONAL SCENIC AREA.—The term ‘‘Na- 17 tional Scenic Area’’ means an area of the National 18 Forest System federally designated as a National 19 Scenic Area in recognition of the outstanding nat- 20 ural, scenic, and recreational values of the area. 21 dlhill on DSK3GLQ082PROD with BILLS EVENT.—The (4) RESPONSE ACTIVITY.—The term ‘‘response 22 activity’’ means any salvage operation or reforest- 23 ation activity proposed to be conducted within a Na- 24 tional Scenic Area adversely impacted by a cata- 25 strophic event to address conditions caused or exac- 26 erbated by the catastrophic event. •HR 3715 IH VerDate Sep 11 2014 23:59 Sep 12, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3715.IH H3715 3 1 (5) SECRETARY.—The term ‘‘Secretary’’ means 2 the Secretary of Agriculture, acting through the 3 Chief of the Forest Service. 4 (b) PROMPT PROPOSAL OF RESPONSE ACTIVITIES.— 5 Within 30 days after the conclusion of a catastrophic event 6 within a National Scenic Area, the Secretary shall begin 7 proposing response activities for lands within the National 8 Scenic Area adversely impacted by the catastrophic event. 9 (c) PUBLIC INPUT AND RESPONSE PROCESS.—Not- 10 withstanding any other provision of law, the Secretary 11 shall allow 30 days for public scoping and comment re12 garding a National Scenic Area response activity, 15 days 13 for filing an objection to the response activity, and 15 days 14 for the agency response to the filing of an objection. Upon 15 completion of this process and expiration of the period 16 specified in subsection (d)(1) if applicable, the Secretary 17 shall implement the response activity. 18 (d) ENVIRONMENTAL REVIEW.— dlhill on DSK3GLQ082PROD with BILLS 19 (1) EXPEDITED ENVIRONMENTAL 20 MENT.—Except 21 withstanding any other provision of law, an environ- 22 mental assessment prepared by the Secretary con- 23 cerned pursuant to section 102 of the National En- 24 vironmental Policy Act of 1969 (42 U.S.C. 4332) for 25 a National Scenic Area response activity shall be as provided in paragraph (2), not- •HR 3715 IH VerDate Sep 11 2014 ASSESS- 23:59 Sep 12, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3715.IH H3715 4 1 completed within 60 days after the conclusion of the 2 catastrophic event. 3 (2) CATEGORICAL categorical 4 exclusion is available for any National Scenic Area 5 response activity that— 6 (A) does not exceed 10,000 acres within 7 the National Scenic Area; and 8 (B) includes lands that— 9 (i) are visible from key viewing areas, 10 as described in the management plan for 11 the National Scenic Area; 12 (ii) provide screening for human de- 13 velopment; 14 (iii) are part of a municipal water- 15 shed; or 16 (iv) contain utility or power trans- 17 mission right-of-ways. 18 19 (e) CONSULTATION UNDER CIES THE ENDANGERED SPE- ACT.— 20 dlhill on DSK3GLQ082PROD with BILLS EXCLUSION.—A (1) NO CONSULTATION IF RESPONSE ACTIVITY 21 NOT LIKELY TO ADVERSELY AFFECT A LISTED SPE- 22 CIES 23 sultation under section 7 of the Endangered Species 24 Act of 1973 (16 U.S.C. 1536) shall not be required 25 if the Secretary determines that a response activity OR DESIGNATED CRITICAL HABITAT.—Con- •HR 3715 IH VerDate Sep 11 2014 23:59 Sep 12, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3715.IH H3715 5 1 is not likely to adversely affect a listed species or 2 designated critical habitat. 3 (2) EXPEDITED 4 (A) IN GENERAL.—With respect to a re- 5 sponse activity that is not covered by paragraph 6 (1), consultation required under section 7 of the 7 Endangered Species Act of 1973 (16 U.S.C. 8 1536) shall be concluded within the 90-day pe- 9 riod beginning on the date on which such con- 10 sultation was requested by the Secretary. 11 (B) EFFECT OF NO CONCLUSION.—In the 12 case of a consultation described in subpara- 13 graph (A) that is not concluded within the 90- 14 day period specified in such subparagraph, the 15 response activity for which such consultation 16 was initiated— 17 (i) shall be deemed to have not vio- 18 lated section 7 of the Endangered Species 19 Act of 1973 (16 U.S.C. 1536(a)(2)); and 20 (ii) may be carried out. 21 dlhill on DSK3GLQ082PROD with BILLS CONSULTATION.— (f) PROHIBITION ON RESTRAINING ORDERS, PRE- 22 LIMINARY INJUNCTIONS, AND INJUNCTIONS 23 PEAL.—No PENDING AP- restraining order, preliminary injunction, or 24 injunction pending appeal shall be issued by any court of 25 the United States with respect to any decision to prepare •HR 3715 IH VerDate Sep 11 2014 23:59 Sep 12, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3715.IH H3715 6 1 or conduct a response activity. Section 705 of title 5, 2 United States Code, shall not apply to any challenge to 3 the response activity. 4 (g) FUNDING SOURCE.—Amounts in the special fund 5 established pursuant to section 3 of the Act of June 9, 6 1930 (commonly known as the Knutson-Vandenberg Act; 7 16 U.S.C. 576b), shall be available to the Secretary for 8 response activities. 9 (h) REFORESTATION OBJECTIVE.—In the case of re- 10 sponse activities conducted on National Scenic Area lands 11 adversely impacted by a catastrophic event, the Secretary 12 shall achieve reforestation of at least 75 percent of the 13 impacted lands before the end of the two-year period fol14 lowing the conclusion of the catastrophic event. dlhill on DSK3GLQ082PROD with BILLS Æ •HR 3715 IH VerDate Sep 11 2014 23:59 Sep 12, 2017 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3715.IH H3715