What This Bill Does
This bill speeds up salvage operations (removing dead or damaged trees) and replanting efforts on national forest lands and public lands after major disasters like wildfires. The bill creates faster environmental review processes and reduces paperwork requirements for these cleanup and recovery projects.
Who It Affects
The Secretary of Agriculture (who oversees national forests) and the Secretary of the Interior (who oversees public lands) directly carry out the activities. Federal land managers, timber companies conducting salvage operations, environmental groups that comment on projects, and people living near affected forests are impacted by this bill.
Key Provisions
* The government can do salvage operations on up to 10,000 acres without preparing detailed environmental impact statements (Sec. 2(c))
* Salvage operations must follow stream protection standards unless a regional official waives them (Sec. 2(d)(1))
* Environmental reviews for salvage work after major disasters must be finished within 60 days (Sec. 3(a))
* The government must replant at least 75 percent of damaged forest lands within 5 years after a disaster, as practical (Sec. 3(b))
* Public input periods are shortened to 30 days for comments, 15 days for objections, and 15 days for agency response (Sec. 3(d))
* Within 60 days of a wildfire being contained, timber sales in the burned area become salvage sales (Sec. 3(e))
* Courts cannot issue orders stopping these salvage or replanting projects (Sec. 5)
What Changes
If this becomes law, the government can move faster on salvage and replanting work without waiting for lengthy environmental studies. Public input timelines shrink significantly. Salvage operations bypass environmental impact statement requirements but still must follow forest plans and stream protection rules (unless waived). Wilderness areas and some special lands remain off-limits for these activities.
Important Definitions
* National Forest System: The federally managed forest lands (Sec. 7(3))
* Forest Plan: A land management plan prepared by either the Forest Service or Bureau of Land Management (Sec. 7(2))
* Public Lands: Federal land managed by the government, including certain railroad grant lands (Sec. 7(4))
Effective Date
The categorical exclusion for salvage operations is available starting on the date the bill becomes law (Sec. 2(b)). Not specified in bill text for all other provisions.
I
118TH CONGRESS
1ST SESSION
H. R. 567
To expedite certain activities related to salvage operations and reforestation
activities on National Forest System lands or public lands in response
to catastrophic events, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 26, 2023
Mr. OBERNOLTE
(for himself, Mr. NEWHOUSE, Mr. LAMALFA, Mr.
ROSENDALE, Mr. MOYLAN, and Mr. ZINKE) introduced the following bill;
which was referred to the Committee on Natural Resources, and in addi-
tion to the Committee on Agriculture, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To expedite certain activities related to salvage operations
and reforestation activities on National Forest System
lands or public lands in response to catastrophic events,
and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Salvaging American
4
Lumber Via Action with Greater Efficiency Act’’ or the
5
‘‘SALVAGE Act’’.
6
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SEC. 2. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE
1
OPERATIONS
IN
RESPONSE
TO
CATA-
2
STROPHIC EVENTS.
3
(a) CATEGORICAL EXCLUSION ESTABLISHED.—Sal-
4
vage operations carried out by the Secretary concerned on
5
National Forest System lands or public lands are a cat-
6
egory of actions hereby designated as being categorically
7
excluded from the preparation of an environmental assess-
8
ment or an environmental impact statement under section
9
102 of the National Environmental Policy Act of 1969 (42
10
U.S.C. 4332).
11
(b) AVAILABILITY OF CATEGORICAL EXCLUSION.—
12
On and after the date of the enactment of this Act, the
13
Secretary concerned may use the categorical exclusion es-
14
tablished under subsection (a) in accordance with this sec-
15
tion.
16
(c) ACREAGE LIMITATION.—A salvage operation cov-
17
ered by the categorical exclusion established under sub-
18
section (a) may not contain treatment units exceeding a
19
total of 10,000 acres.
20
(d) ADDITIONAL REQUIREMENTS.—
21
(1) STREAM
BUFFERS.—A salvage operation
22
covered by the categorical exclusion established
23
under subsection (a) shall comply with the standards
24
and guidelines for stream buffers contained in the
25
applicable forest plan unless waived by the Regional
26
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•HR 567 IH
Forester, in the case of National Forest System
1
lands, or the State Director of the Bureau of Land
2
Management, in the case of public lands.
3
(2) REFORESTATION
PLAN.—A reforestation
4
plan shall be developed under section 3 of the Act
5
of June 9, 1930 (commonly known as the Knutson-
6
Vandenberg Act; 16 U.S.C. 576b), as part of a sal-
7
vage operation covered by the categorical exclusion
8
established under subsection (a).
9
SEC. 3. EXPEDITED SALVAGE OPERATIONS AND REFOREST-
10
ATION ACTIVITIES FOLLOWING LARGE-SCALE
11
CATASTROPHIC EVENTS.
12
(a) EXPEDITED ENVIRONMENTAL ASSESSMENT.—
13
Notwithstanding any other provision of law, an environ-
14
mental assessment prepared by the Secretary concerned
15
pursuant to section 102 of the National Environmental
16
Policy Act of 1969 (42 U.S.C. 4332) for a salvage oper-
17
ation or reforestation activity proposed to be conducted
18
on National Forest System lands or public lands adversely
19
impacted by a large-scale catastrophic event shall be com-
20
pleted within 60 days after the conclusion of the cata-
21
strophic event.
22
(b) EXPEDITED IMPLEMENTATION
AND COMPLE-
23
TION.—In the case of reforestation activities conducted on
24
National Forest System lands or public lands adversely
25
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•HR 567 IH
impacted by a large-scale catastrophic event, the Secretary
1
concerned shall, to the maximum extent practicable,
2
achieve reforestation of at least 75 percent of the impacted
3
lands during the 5-year period following the conclusion of
4
the catastrophic event.
5
(c)
AVAILABILITY
OF
KNUTSON-VANDENBERG
6
FUNDS.—Amounts in the special fund established pursu-
7
ant to section 3 of the Act of June 9, 1930 (commonly
8
known as the Knutson-Vandenberg Act; 16 U.S.C. 576b),
9
shall be available to the Secretary of Agriculture for refor-
10
estation activities authorized by this section.
11
(d) TIMELINE FOR PUBLIC INPUT PROCESS.—
12
(1) IN GENERAL.—Notwithstanding any other
13
provision of law, in the case of a salvage operation
14
or reforestation activity proposed to be conducted on
15
National Forest System lands or public lands ad-
16
versely impacted by a large-scale catastrophic event,
17
the Secretary concerned shall allow—
18
(A) 30 days for public scoping and com-
19
ment;
20
(B) 15 days for filing an objection; and
21
(C) 15 days for the agency response to the
22
filing of an objection.
23
(2) IMPLEMENTATION.—On the final day of the
24
process required in paragraph (1), the Secretary
25
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•HR 567 IH
concerned shall implement the project for which the
1
process was initiated.
2
(e) CONVERSION OF TIMBER SALES.—
3
(1) IN GENERAL.—Not later than 60 days after
4
a wildfire is contained on National Forest System
5
lands, the Secretary of Agriculture shall convert any
6
timber sales on lands impacted by such wildfire to
7
salvage sales.
8
(2) ANALYSIS
DEEMED
SUFFICIENT.—If the
9
Regional Forester determines that a proposed timber
10
sale has been sufficiently analyzed under the Na-
11
tional Environmental Policy Act, such analysis shall
12
be deemed to fulfill the requirements of section
13
102(2)(C) of the National Environmental Policy Act
14
of 1969 (42 U.S.C. 4332(2)(C)) with respect to such
15
salvage sale.
16
SEC. 4. COMPLIANCE WITH FOREST PLAN.
17
A salvage operation or reforestation activity author-
18
ized by this Act shall be conducted in a manner consistent
19
with the forest plan applicable to the National Forest Sys-
20
tem lands or public lands covered by the salvage operation
21
or reforestation activity.
22
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SEC. 5. PROHIBITION ON RESTRAINING ORDERS, PRELIMI-
1
NARY
INJUNCTIONS,
AND
INJUNCTIONS
2
PENDING APPEAL.
3
No restraining order, preliminary injunction, or in-
4
junction pending appeal shall be issued by any court of
5
the United States with respect to any decision to prepare
6
or conduct a salvage operation or reforestation activity in
7
response to a large-scale catastrophic event.
8
SEC. 6. EXCLUSIONS.
9
The authorities provided by this Act do not apply
10
with respect to any National Forest System lands or pub-
11
lic lands—
12
(1) that are included in the National Wilderness
13
Preservation System;
14
(2) that are located within a national or State
15
specific inventoried roadless area established by the
16
Secretary of Agriculture through regulation, un-
17
less—
18
(A) the forest management activity to be
19
carried out under such authority is consistent
20
with the forest plan applicable to the area; or
21
(B) the Secretary concerned determines
22
the activity is allowed under the applicable
23
roadless rule governing such lands; or
24
(3) on which timber harvesting for any purpose
25
is prohibited by Federal statute.
26
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•HR 567 IH
SEC. 7. DEFINITIONS.
1
In this Act:
2
(1) FOREST
MANAGEMENT
ACTIVITY.—The
3
term ‘‘forest management activity’’ means a project
4
or activity carried out by the Secretary concerned on
5
National Forest System lands or public lands con-
6
sistent with the forest plan covering such lands.
7
(2) FOREST
PLAN.—The term ‘‘forest plan’’
8
means—
9
(A) a land use plan prepared by the Bu-
10
reau of Land Management for public lands pur-
11
suant to section 202 of the Federal Land Policy
12
and Management Act of 1976 (43 U.S.C.
13
1712); or
14
(B) a land and resource management plan
15
prepared by the Forest Service for a unit of the
16
National Forest System pursuant to section 6
17
of the Forest and Rangeland Renewable Re-
18
sources Planning Act of 1974 (16 U.S.C.
19
1604).
20
(3) NATIONAL
FOREST
SYSTEM.—The term
21
‘‘National Forest System’’ has the meaning given
22
that term in section 11(a) of the Forest and Range-
23
land Renewable Resources Planning Act of 1974 (16
24
U.S.C. 1609(a)).
25
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•HR 567 IH
(4) PUBLIC LANDS.—The term ‘‘public lands’’
1
has the meaning given that term in section 103 of
2
the Federal Land Policy and Management Act of
3
1976 (43 U.S.C. 1702), except that the term in-
4
cludes Coos Bay Wagon Road Grant lands and Or-
5
egon and California Railroad Grant lands.
6
(5) SECRETARY CONCERNED.—The term ‘‘Sec-
7
retary concerned’’ means—
8
(A) the Secretary of Agriculture, with re-
9
spect to National Forest System lands; and
10
(B) the Secretary of the Interior, with re-
11
spect to public lands.
12
Æ
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