[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2458 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2458

   To provide new authority to the Secretary of Agriculture and the 
Secretary of the Interior to safeguard communities, lives, and property 
from catastrophic wildfire by eliminating hazardous fuels buildup, and 
 to undertake other forest management projects to protect noncommodity 
  resources, on Federal lands where wildlands abut, or are located in 
                    close proximity to, urban areas.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 1997

   Mrs. Chenoweth (for herself, Mr. Herger, and Mr. Bob Schaffer of 
  Colorado) introduced the following bill; which was referred to the 
     Committee on Agriculture, and in addition to the Committee on 
 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 provide new authority to the Secretary of Agriculture and the 
Secretary of the Interior to safeguard communities, lives, and property 
from catastrophic wildfire by eliminating hazardous fuels buildup, and 
 to undertake other forest management projects to protect noncommodity 
  resources, on Federal lands where wildlands abut, or are located in 
                    close proximity to, urban areas.

    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 ``Community 
Protection and Hazardous Fuels Reduction Act of 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
         TITLE I--MANAGEMENT OF WILDLAND/URBAN INTERFACE AREAS

Sec. 101. Identification of wildland/urban interface areas.
Sec. 102. Contracting to reduce hazardous fuels and undertake forest 
                            management projects in wildland/urban 
                            interface areas.
Sec. 103. Monitoring requirements.
Sec. 104. Reporting requirements.
Sec. 105. Termination of authority.
    TITLE II--FIRE DANGER REDUCTION BY REMOVAL OF GRASSES AND FORBS

Sec. 201. Removal of excess levels of grasses and forbs.
                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Regulations.
Sec. 302. Authorization of appropriations.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) Management of Federal lands has been characterized by 
        large cyclical variations in fire suppression policies, timber 
        harvesting levels, and the attention paid to commodity and 
        noncommodity values.
            (2) Forests on Federal lands are experiencing significant 
        disease epidemics and insect infestations.
            (3) The combination of inconsistent management and natural 
        effects has resulted in a hazardous fuels buildup on Federal 
        lands that threatens catastrophic wildfire.
            (4) While the long-term effect of catastrophic wildfire on 
        forests and forest systems is a matter of debate, there should 
        be no question that catastrophic wildfire must be prevented in 
        areas of the Federal lands where wildlands abut, or are located 
        in close proximity to, communities, residences, and other 
        private and public facilities on non-Federal lands.
            (5) Wildfire resulting from hazardous fuels buildup in such 
        wildland/urban interface areas threatens the destruction of 
        communities, puts human life and property at risk, threatens 
        community water supplies with erosion that follows wildfire, 
        destroys wildlife habitat, and damages ambient air quality.
            (6) The Secretary of Agriculture and the Secretary of the 
        Interior must assign a high priority and undertake aggressive 
        management to achieve the elimination of hazardous fuel buildup 
        and reduction of the risk of wildfire to the wildland/urban 
        interface areas on Federal lands. Protection of human life and 
        property, including water supplies and ambient air quality, 
        must be given the highest priority.
            (7) The noncommodity resources, including riparian zones 
        and wildlife habitats, in wildland/urban interface areas on 
        Federal lands which must be protected to provide recreational 
        opportunities, clean water, and other amenities to neighboring 
        communities and the public suffer from a backlog of unfunded 
        forest management projects designed to provide such protection.
            (8) In a period of fiscal austerity characterized by 
        shrinking budgets and personnel levels, Congress must provide 
        the Secretary of Agriculture and the Secretary of the Interior 
        with innovative tools to accomplish the required reduction in 
        hazardous fuels buildup and undertake other forest management 
        projects in the wildland/urban interface areas on the Federal 
        lands at least cost.
    (b) Purpose.--The purpose of this Act is to provide new authority 
and innovative tools to the Secretary of Agriculture and the Secretary 
of the Interior to safeguard communities, lives, and property by 
reducing or eliminating the threat of catastrophic wildfire, and to 
undertake needed forest management projects, in wildland/urban 
interface areas on Federal lands.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Federal lands.--The term ``Federal lands'' means--
                    (A) federally managed lands administered by the 
                Bureau of Land Management under the Secretary of the 
                Interior; and
                    (B) federally managed lands administered by the 
                Secretary of Agriculture.
            (2) Forest management project.--The term ``forest 
        management project'' means a project, including riparian zone 
        enhancement, habitat improvement, forage removal by livestock 
        grazing or mechanical means, and soil stabilization or other 
        water quality improvement project, designed to protect one or 
        more noncommodity resources on or in close proximity to Federal 
        lands.
            (3) Land management plan.--The term ``land management 
        plan'' means the following:
                    (A) With respect to Federal lands described in 
                paragraph (1)(A), a land use plan prepared by the 
                Bureau of Land Management pursuant to section 202 of 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1712), or other multiple-use plan currently in 
                effect.
                    (B) With respect to Federal lands described in 
                paragraph (1)(B), a land and resource management plan 
                (or if no final plan is in effect, a draft land and 
                resource management plan) prepared by the Forest 
                Service pursuant to section 6 of the Forest and 
                Rangeland Renewable Resources Planning Act of 1974 (16 
                U.S.C. 1604).
            (4) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) with respect to the Federal lands described in 
                paragraph (1)(A), the Secretary of the Interior; and
                    (B) with respect to the Federal lands described in 
                paragraph (1)(B), the Secretary of Agriculture.
            (5) Wildland/urban interface area.--The term ``wildland/
        urban interface area'' means an area of Federal land in close 
        proximity to communities and human habitations, such as homes, 
        cabins, and other property.
            (6) Congressional committees.--The term ``congressional 
        committees'' means the Committee on Resources and the Committee 
        on Agriculture of the House of Representatives and the 
        Committee on Energy and Natural Resources and the Committee on 
        Agriculture, Nutrition, and Forestry of the Senate.
            (7) Hazardous fuels buildup.--The term ``hazardous fuels 
        buildup'' means an accumulation of forage, woody debris, and 
        predominantly dead and dying timber that has the likelihood of 
        igniting.

         TITLE I--MANAGEMENT OF WILDLAND/URBAN INTERFACE AREAS

SEC. 101. IDENTIFICATION OF WILDLAND/URBAN INTERFACE AREAS.

    (a) Annual Identification.--On or before September 30 of each year, 
each District Manager of the Bureau of Land Management and each Forest 
Supervisor of the Forest Service shall identify those areas on Federal 
lands within the jurisdiction of the District Manager or Forest 
Supervisor that the District Manager or Forest Supervisor determines--
            (1) meet the definition of wildland/urban interface areas; 
        and
            (2) have hazardous fuels buildups and other forest 
        management needs that warrant the use of forest management 
        projects as provided in section 102.
    (b) Treatment of Identification Process.--The identification of 
wildland/urban interface areas under subsection (a) that have hazardous 
fuels buildups and other forest management needs that warrant the use 
of forest management projects as provided in section 102 shall not be 
considered to be agency action for purposes of paragraph (2)(A) or 
(2)(E) of section 102 of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332).

SEC. 102. CONTRACTING TO REDUCE HAZARDOUS FUELS AND UNDERTAKE FOREST 
              MANAGEMENT PROJECTS IN WILDLAND/URBAN INTERFACE AREAS.

    (a) Contracting Authority.--
            (1) In general.--The Secretary concerned is authorized to 
        enter into contracts under this section for the sale of forest 
        products in a wildland/urban interface area identified under 
        section 101 for the purpose of reducing hazardous fuels 
        buildups in the area.
            (2) Inclusion of forest management projects.--Subject to 
        paragraph (3), the Secretary concerned may require, as a 
        condition of any sale of forest products referred to in 
        paragraph (1), that the purchaser of such products undertake 
        one or more forest management projects in the wildland/urban 
        interface area.
            (3) Conditions on inclusion.--The Secretary concerned may 
        include a forest management project as a condition in a 
        contract for the sale of forest products referred to in 
        paragraph (1) only when the Secretary determines that--
                    (A) the forest management project is consistent 
                with the applicable land management plan; and
                    (B) the objectives of the forest management project 
                can be accomplished most cost efficiently and 
                effectively when the project is performed as part of 
                the sale contract.
    (b) Financing and Supplemental Funding.--
            (1) Forest management credits.--The financing of a forest 
        management project required as a condition of a contract for a 
        sale authorized by subsection (a) shall be accomplished through 
        the inclusion in the contract of a provision for amortization 
        of the cost of the forest management project through the 
        issuance of forest management credits to the purchaser. Such 
        forest management credits shall offset the cost of the required 
        forest management project against the purchaser's payment for 
        forest products.
            (2) Use of appropriated funds.--The Secretary concerned may 
        use appropriated funds to assist the purchaser to undertake a 
        forest management project required as a condition of a contract 
        authorized by subsection (a) if such funds are provided from 
        the resource function or functions that directly benefit from 
        the performance of the project and are available from the 
        annual appropriation for such function or functions during the 
        fiscal year in which the sale is offered. The amount of 
        assistance to be provided for each forest management project 
        shall be included in the prospectus, and published in the 
        advertisement, for the sale.
    (c) Determination of Forest Management Credits.--Prior to the 
advertisement of a sale authorized by subsection (a), the Secretary 
concerned shall determine the amount of forest management credits to be 
allocated to each forest management project to be required as a 
condition of the sale contract. A description of the forest management 
project, and the amount of the forest management credits allocated to 
the project, shall be included in the prospectus, and published in the 
advertisement, for the sale.
    (d) Transfer of Forest Management Credits.--The Secretary concerned 
may permit a purchaser that holds forest management credits earned by 
the purchaser as part of a sale authorized by subsection (a), but not 
used in connection with that sale, to transfer the forest management 
credits to another sale authorized by subsection (a) if--
            (1) the subsequent sale is also purchased by that 
        purchaser; and
            (2) the sale parcel is located on Federal lands under that 
        Secretary's jurisdiction.
    (e) Treatment of Forest Management Credits as Moneys Received.--
            (1) Bureau of land management lands.--In the case of 
        Federal lands described in section 3(1)(A), all amounts earned 
        by or allowed to any purchaser of a sale authorized by 
        subsection (a) in the form of forest management credits shall 
        be considered to be money received for purposes of title II of 
        the Act of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181f), the 
        first section of the Act of May 24, 1939 (53 Stat. 753; 43 
        U.S.C. 1181f-1), or other applicable law concerning the 
        distribution of receipts from the sale of forest products on 
        such lands.
            (2) Forest system lands.--In the case of Federal lands 
        described in section 3(1)(B), all amounts earned by or allowed 
        to any purchaser of a sale authorized by subsection (a) in the 
        form of forest management credits shall be considered to be 
        money received for purposes of the sixth paragraph under the 
        heading ``FOREST SERVICE'' in the Act of May 23, 1908 (35 Stat. 
        260; 16 U.S.C. 500) and section 13 of the Act of March 1, 1911 
        (36 Stat. 963; commonly known as the Weeks Act; 16 U.S.C. 500).
    (f) Cost Considerations.--Because of the strong concern for the 
safety of human life and property and the protection of water quality, 
air quality, and wildlife habitat, a sale authorized by subsection (a) 
shall not be precluded because the costs of the sale may exceed the 
revenues derived from the sale, nor shall such sales be considered in 
any calculations concerning the revenue effects of the forest products 
sales program for the Federal lands or units of the Federal lands.
    (g) Other Requirements.--Nothing in this title shall be construed 
to require or authorize any alteration in the procedures or 
requirements for sales of forest products otherwise authorized by law, 
including the applicable provisions of the small business set-aside 
program.

SEC. 103. MONITORING REQUIREMENTS.

    The Secretary concerned shall monitor the preparation and offering 
of contracts, and the performance of forest management projects, 
pursuant to section 102 to determine the effectiveness of such 
contracts and forest management projects in achieving the purpose of 
this Act.

SEC. 104. REPORTING REQUIREMENTS.

    (a) Annual Report.--Not later than 90 days after the end of each 
full fiscal year in which contracts are entered into under section 102, 
the Secretary concerned shall submit to the congressional committees a 
report, which shall provide for the Federal lands within the 
jurisdiction of the Secretary concerned the following:
            (1) A list of the wildland/urban interface areas identified 
        on or before September 30 of the previous fiscal year pursuant 
        to section 101.
            (2) A summary of all contracts entered into, and all forest 
        management projects performed, pursuant to section 102 during 
        the preceding fiscal year;
            (3) A discussion of any delays in excess of three months 
        encountered during the preceding fiscal year, and likely to 
        occur in the fiscal year in which the report is submitted, in 
        preparing and offering the sales, and in performing the forest 
        management projects, pursuant to section 102.
            (4) The results of the monitoring required by section 103 
        of the contracts authorized, and the forest management projects 
        performed, pursuant to section 102.
            (5) Any anticipated problems in the implementation of this 
        title.
    (b) Four Year Report.--The fourth report prepared by the Secretary 
concerned under subsection (a) shall contain, in addition to the 
matters required by subsection (a), the following:
            (1) An assessment by the Secretary concerned regarding 
        whether the contracting authority provided in section 102 
        should be reauthorized beyond the period specified in section 
        105(a).
            (2) If reauthorization is warranted, such recommendations 
        as the Secretary concerned considers appropriate regarding 
        changes in such authority to better achieve the purpose of this 
        Act.

SEC. 105. TERMINATION OF AUTHORITY.

    (a) Termination Date.--The authority of the Secretary concerned to 
offer sales of forest products pursuant to section 102, and to require 
the purchasers of such products to undertake forest management projects 
as a condition of such sales, shall terminate at the end of the five-
fiscal year beginning on the first October 1st occurring after the date 
of the enactment of this Act.
    (b) Effect on Existing Sales.--Any contract for a sale of forest 
products pursuant to section 102 entered into before the end of the 
period specified in subsection (a), and still in effect at the end of 
such period, shall remain in effect after the end of such period 
pursuant to the terms of the contract.
    (c) Effect on Existing Forest Management Credits.--If any forest 
management credits from a sale of forest products pursuant to section 
102 are not used before the end of the period specified in subsection 
(a), and no law providing authority to offer sales pursuant to section 
102 after such period is enacted by Congress, such credits may be used 
after such period in any sale of forest products that is authorized by 
another law, is purchased by the purchaser of the sale in which the 
credits were earned, and is conducted by the Secretary concerned who 
had jurisdiction over the sale in which the credits were earned.

    TITLE II--FIRE DANGER REDUCTION BY REMOVAL OF GRASSES AND FORBS

SEC. 201. REMOVAL OF EXCESS LEVELS OF GRASSES AND FORBS.

    (a) Contracting Authority.--Whenever a county commission or other 
unit of local government certifies to the Secretary concerned that 
there is a danger of fire in a wildland/urban interface area as a 
result of excessive levels of grasses and forbs on Federal lands in the 
area and requests the removal of the excessive grasses and forbs, the 
Secretary is authorized and encouraged to enter into contracts with 
livestock operators or other parties for the removal of the excessive 
grasses and forbs.
    (b) Removal Methods.--In the case of a contract under subsection 
(a) with a livestock operator, the operator shall use grazing to remove 
the excessive grasses and forbs. In the case of contracts with other 
persons, mechanical means, such as discing or mechanical mowing, shall 
be used.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. REGULATIONS.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary concerned shall prescribe such regulations as are 
necessary and appropriate to implement this Act.

SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each of the first five 
fiscal years beginning after the date of the enactment of this Act such 
sums as may be necessary to carry out this Act.
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