[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2585 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2585
To conduct fire salvage on certain National Forest System lands burned
by wildfire, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
April 15, 2021
Mr. Johnson of South Dakota (for himself, Mr. LaMalfa, Mr. Westerman,
and Mr. Crawford) 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
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A BILL
To conduct fire salvage on certain National Forest System lands burned
by wildfire, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forestry Improvements to Restore the
Environment Act of 2021'' or the ``FIRE Act of 2021''.
SEC. 2. FOREST MANAGEMENT ACTIVITIES REQUIRED AFTER WILDFIRE.
(a) Survey of National Forest System Lands Impacted by Wildfire.--
(1) Survey required.--To the maximum extent practicable,
not later than 60 days after a wildfire is contained on
National Forest System lands, the Secretary of Agriculture,
acting through the Chief of the Forest Service, shall complete
a survey of the National Forest System lands that were impacted
by such wildfire.
(2) Priority of land surveyed.--In carrying out a survey
required under paragraph (1), the Secretary of Agriculture
shall give priority to National Forest System lands in the
following order:
(A) Lands for which there is, at the time of such
survey--
(i) timber under a contract pursuant to
section 14(a) of the National Forest Management
Act of 1976 (16 U.S.C. 472a); or
(ii) a stewardship contract under section
604 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591c).
(B) Lands for which, at the time of such survey--
(i) a timber sale described in subparagraph
(A)(i) or a stewardship contract described in
subparagraph (A)(ii) is planned; and
(ii) with respect to such sale or contract,
an environmental decision document has been
completed pursuant to section 102 of the
National Environmental Policy Act of 1969 (42
U.S.C. 4332).
(b) Conversion of Timber Sales.--
(1) Timber sales to salvage sales.--Not later than 60 days
after a wildfire is contained on National Forest System lands,
the Secretary of Agriculture shall, with respect to the timber
sales applicable to such lands that were impacted by such
wildfire, convert such timber sales to salvage sales.
(2) Treatment of converted timber sales.--In the case of a
project relating to the timber sales applicable to the National
Forest System lands described in paragraph (1), the conversion
of such timber sales to salvage sales under such paragraph
shall be deemed to meet the purpose and need of such project
for purposes of an environmental assessment or an environmental
impact statement pursuant to section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332).
(c) Supplemental Information Reports.--The Secretary of Agriculture
shall give priority to completing supplemental information reports that
determine, with respect to a pending project planned for National
Forest System lands prior to a wildfire, whether--
(1) timber salvage constitutes substantial changes to the
proposed action that are relevant to environmental concerns;
and
(2) wildfire constitutes significant new circumstances or
information relevant to environmental concerns.
SEC. 3. ROADSIDE SALVAGE CATEGORICAL EXCLUSION.
(a) Categorical Exclusion Established.--Forest management
activities described in subsection (b) are a category of actions hereby
designated as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement pursuant
to section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The category of forest management activities designated
under this section for a categorical exclusion are forest management
activities carried out by the Secretary of Agriculture on National
Forest System lands where the primary purpose of such activity is for
roadside salvage activities that allow for the removal of hazard trees
that are within 200 feet of a roadway center line.
(c) Availability of Categorical Exclusion.--On and after the date
of the enactment of this Act, the Secretary of Agriculture may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Acreage Limitations.--The categorical exclusion established
under subsection (a) shall not be limited in size or scope.
(e) Exclusion of Extraordinary Circumstance Procedures.--The
procedures relating to extraordinary circumstances under section 220.6
of title 36, Code of Federal Regulations (or a successor regulation),
shall not apply to the use of the categorical exclusion established
under subsection (b).
SEC. 4. JUDICIAL REVIEW.
(a) Objection Period.--For any action taken pursuant to the
authorities in this Act, the objection time described in section 219.56
of title 36, Code of Federal Regulations (or successor regulations),
shall be 30 days.
(b) Judicial Review.--Except as provided in subsection (c), an
activity carried out pursuant to this Act shall be subject to judicial
review in the same manner as an authorized hazardous fuels reduction
project is subject to judicial review under section 106 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6516).
(c) Preliminary Injunction Prohibited.--Notwithstanding any other
provision of law, a court may not order a preliminary injunction
enjoining the Secretary of Agriculture from proceeding with timber
sales authorized under this Act.
SEC. 5. RULE OF APPLICATION FOR NATIONAL FOREST SYSTEM LANDS.
The authorities provided by this Act may not apply with respect to
any National Forest System lands--
(1) that are included in the National Wilderness
Preservation System;
(2) that are located within a national or State-specific
inventoried roadless area established by the Secretary of
Agriculture through regulation, unless--
(A) the forest management activity to be carried
out under such authority is consistent with the forest
plan applicable to the area; or
(B) the Secretary of Agriculture determines the
forest management activity is permissible under the
applicable roadless rule governing such lands; or
(3) on which timber harvesting for any purpose is
prohibited by Federal statute.
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