[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4835 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4835
To provide for the removal of small-diameter trees in fire hazard
areas, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 13, 2022
Mr. King introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To provide for the removal of small-diameter trees in fire hazard
areas, 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 ``Small-diameter Timber and
Underutilized Material Act of 2022''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means land
under the jurisdiction of--
(A) the Bureau of Land Management;
(B) the Bureau of Reclamation;
(C) the National Park Service;
(D) the United States Fish and Wildlife Service; or
(E) the Forest Service.
(2) Fire hazard area.--The term ``fire hazard area'' means
an area that--
(A) has been identified by the Secretary concerned
as having a very high wildfire hazard potential;
(B) is located on Federal land; and
(C) is located west of the 100th meridian.
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, acting through
the Chief of the Forest Service, with respect to
Federal land administered by that Secretary; and
(B) the Secretary of the Interior, with respect to
Federal land administered by that Secretary.
(4) Small-diameter tree.--The term ``small-diameter tree''
means a tree, or portion thereof, that has a diameter at breast
height of not greater than 8 inches.
SEC. 3. PRICES.
(a) In General.--Except as provided in subsection (b),
notwithstanding any other provision of law--
(1) the Secretary concerned may not--
(A) charge a fee to authorize a person to remove a
small-diameter tree in a fire hazard area, including a
fee for a special use permit; or
(B) recover any processing or monitoring cost of
authorizing a person to remove a small-diameter tree in
a fire hazard area; and
(2) if the Secretary concerned authorizes a person to
remove a small-diameter tree, including through a timber sale,
in a fire hazard area, the Secretary concerned shall not
require the person to pay any amount for the small-diameter
tree.
(b) Fees.--The Secretary concerned may charge a fee for removal of
a small-diameter tree of a particular species of tree in a fire hazard
area if the Secretary concerned--
(1) determines that the fee is appropriate; and
(2) discloses that determination to the public.
(c) No Volume Determinations; Appraisals.--As part of a small-
diameter tree removal described in subsection (a), the Secretary
concerned may not--
(1) require a volume determination, including by scaling,
measuring, weighing, or counting small-diameter trees before or
after cutting or removal; or
(2) conduct a timber appraisal to determine the fair-market
value of the small-diameter trees being removed.
(d) Applicability.--This section shall only apply to contracts
authorizing a person to remove a small-diameter tree as described in
subsection (a) entered into on or after the date of enactment of this
Act.
SEC. 4. FREE-USE AREA DESIGNATION.
The Secretary of Agriculture, acting through the Chief of the
Forest Service, shall designate as a free-use area under section 223.6
of title 36, Code of Federal Regulations (or a successor regulation),
any fire hazard area in the National Forest System that contains a
small-diameter tree.
SEC. 5. TREE DESIGNATION.
The Secretary concerned shall seek to designate for removal small-
diameter trees in a fire hazard area--
(1) to the maximum extent practicable, through means that
do not include physically marking a small-diameter tree for
removal; and
(2) by providing a written description of--
(A) the small-diameter trees to be removed and to
be retained from a project area; or
(B) the desired post-harvest stand characteristics
within the project area from which the small-diameter
tree would be removed.
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