[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1485 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1485
To address the public health and safety threat presented by the risk of
catastrophic wildfire on Federal forestlands by requiring the Secretary
of Agriculture and the Secretary of the Interior to expedite forest
management projects relating to hazardous fuels reduction, forest
restoration, forest health, and watershed restoration.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 12, 2011
Mr. Herger (for himself, Mr. McClintock, Mrs. McMorris Rodgers, Mr.
Bishop of Utah, Mr. Chaffetz, Mr. Nunes, Mr. Hunter, Mr. Gallegly, Mr.
Coffman of Colorado, and Mr. Denham) 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 address the public health and safety threat presented by the risk of
catastrophic wildfire on Federal forestlands by requiring the Secretary
of Agriculture and the Secretary of the Interior to expedite forest
management projects relating to hazardous fuels reduction, forest
restoration, forest health, and watershed restoration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Catastrophic
Wildfire Community Protection Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Project authority consistent with community wildfire protection
plan.
Sec. 4. Elements of eligible projects.
Sec. 5. Environmental analysis.
Sec. 6. Administrative and judicial review.
Sec. 7. Acceptance and use of funds or in-kind services.
Sec. 8. Report.
SEC. 2. DEFINITIONS.
In this Act:
(1) At-risk community.--The term ``at-risk community'' has
the meaning given that term in section 101 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511).
(2) At-risk watershed.--The term ``at-risk watershed''
means a watershed where--
(A) there exists a high risk of losing key
ecosystem, wildlife, and watershed components to severe
fire, including post-fire disturbances, as documented
by the Secretary concerned; and
(B) there are Federal lands in condition class II
or III, as developed by the Forest Service Rocky
Mountain Research Station in the general technical
report titled ``Development of Coarse-Scale Spatial
Data for Wildland Fire and Fuel Management'' (RMRS-87)
and dated April 2000 (including any subsequent revision
to the report).
(3) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
that term in section 101 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6511).
(4) Covered forest lands.--
(A) Included lands.--The term ``covered forest
lands'' means--
(i) National Forest System lands; and
(ii) Public land administered by the
Secretary of the Interior through the Bureau of
Land Management.
(B) Excluded land.--The term does not include land
that is a component of the National Wilderness
Preservation System or other Federal land (other than
inventoried roadless areas and wilderness study areas)
in which the removal of vegetation is specifically
prohibited by Federal law.
(5) Eligible project.--The term ``eligible project'' means
the measures and methods included in a project carried out on
covered forest lands by the Secretary concerned for hazardous
fuels reduction, forest health, forest restoration, and
watershed restoration.
(6) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, in the case of
National Forest System lands; and
(B) the Secretary of the Interior, in the case of
public land administered by the Secretary of the
Interior through the Bureau of Land Management.
SEC. 3. PROJECT AUTHORITY CONSISTENT WITH COMMUNITY WILDFIRE PROTECTION
PLAN.
The Secretary concerned shall carry out eligible projects on
covered forest lands that are within or adjacent to an at-risk
community or an at-risk watershed if the eligible project is consistent
with the applicable community wildfire protection plan.
SEC. 4. ELEMENTS OF ELIGIBLE PROJECTS.
Eligible projects on covered forest lands shall be carried out in a
cost-effective manner that--
(1) focuses on surface, ladder, and canopy fuels reduction
activities; or
(2) implements forest restoration activities in response to
severe fire, insect, or disease infestation, windthrow, or
other extreme weather events or natural disasters.
SEC. 5. ENVIRONMENTAL ANALYSIS.
(a) General Rule of Proposed Action and No Action Alternative.--
(1) Environmental assessment and environmental impact
statement.--The Secretary concerned shall prepare an
environmental assessment or an environmental impact statement
pursuant to section 102(2) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)) for each proposed eligible
project. The Secretary concerned shall study, develop, and
describe the proposed action and the alternative of no action.
Except as provided in subsection (b), the Secretary concerned
is not required to study, develop, or describe any alternative
actions to the proposed agency action.
(2) Deadline for completion.--An environmental assessment
prepared for a proposed eligible project shall be completed
within one year of the commencement of preparation of the
assessment. An environmental impact statement prepared for a
proposed eligible project shall be completed within 18 months
of the commencement of preparation of the environmental impact
statement.
(b) Consideration of Alternative Recommendation.--The Secretary
concerned shall evaluate and consider an alternative recommendation
submitted by the county in which a proposed eligible project is to be
carried out if the county determines that the proposed eligible project
is or may be inconsistent with its community wildfire protection plan.
The Secretary shall publish the evaluation and consideration of the
alternative recommendation in the environmental assessment or
environmental impact statement prepared pursuant to section 102(2) of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for
the proposed eligible project.
(c) Effect of County Emergency.--
(1) Council on environmental quality.--If a categorical
exclusion is unavailable for a proposed eligible project, the
Secretary concerned shall request, pursuant to section 1506.11
of title 40, Code of Federal Regulations, the Council on
Environmental Quality to develop and approve alternative
arrangements for the proposed eligible project if the county in
which the proposed eligible project is to be carried out
declares, in consultation with the State forester or equivalent
State official of the State containing the county--
(A) a state of emergency; or
(B) the existence of a dangerous nuisance to public
safety, welfare, infrastructure, watersheds, wildlife
habitat, or other vital assets due to the accumulation
of forest fuels and the associated risk of extreme fire
on covered forest lands.
(2) Mandatory information.--When requesting alternative
arrangements under paragraph (1), the Secretary concerned shall
transmit to the Council on Environmental Quality the following
information:
(A) A description of the proposed eligible project.
(B) The condition of forest fuels within or near
the proposed eligible project.
(C) The threat to public safety, welfare,
infrastructure, watersheds, wildlife habitat, or other
vital assets due to the accumulation of forest fuels
and the associated risk of extreme fire that the
proposed eligible project is to relieve.
(D) The degree to which delaying the implementation
of the proposed eligible project will increase the risk
of serious harm to public safety, welfare,
infrastructure, watersheds, wildlife habitat, or other
vital assets due to the accumulation of forest fuels
and the associated risk of extreme fire.
(E) Any other information the Secretary concerned
determines relevant.
(3) Deadline for alternative arrangements.--
(A) Deadline.--Not later than 15 days after receipt
of a request under paragraph (1) for approval of
alternative arrangements for a proposed eligible
project, the Council on Environmental Quality shall
submit to the Secretary concerned the alternative
arrangements under which the Secretary may proceed
immediately and to completion of the proposed eligible
project.
(B) Failure to comply.--If the Council on
Environmental Quality fails to comply with the deadline
in subparagraph (A), the Secretary concerned shall
proceed immediately and to completion of the proposed
eligible project notwithstanding any other provision of
law, including the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and the National Forest
Management Act (16 U.S.C. 1601 et seq.).
(4) Administrative and judicial review.--Actions under this
subsection shall not be subject to--
(A) the notice, comment, and appeal requirements of
section 322 of Public Law 102-381 (the Appeals Reform
Act; 16 U.S.C. 1612 note); and
(B) judicial review by any court of the United
States.
SEC. 6. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Administrative Review.--Administrative review of eligible
projects shall occur in accordance with the special administrative
review process established under section 105 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6515).
(b) Judicial Review.--Judicial review of eligible projects shall
occur in accordance with section 106 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6516).
SEC. 7. ACCEPTANCE AND USE OF FUNDS OR IN-KIND SERVICES.
The Secretary concerned may accept and use funds or in-kind
services from any public or private entity to assist carrying out
eligible projects under this Act.
SEC. 8. REPORT.
The Secretary concerned shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate an annual report describing all
eligible projects conducted under this Act.
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