[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4345 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4345

  To authorize the continued use on national forest and other public 
lands of the alternative arrangements that were approved by the Council 
  on Environmental Quality for windstorm-damaged national forests and 
                          grasslands in Texas.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 1998

 Mrs. Chenoweth (for herself, Mr. Boyd, Mr. Peterson of Pennsylvania, 
Mr. Cannon, Mr. McInnis, and Mr. Rogers) introduced the following bill; 
            which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To authorize the continued use on national forest and other public 
lands of the alternative arrangements that were approved by the Council 
  on Environmental Quality for windstorm-damaged national forests and 
                          grasslands in Texas.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress finds the following:
            (1) Natural catastrophic events in February 1998 created 
        potentially dangerous fire and insect infestation conditions in 
        areas of national forests and national grasslands in Texas.
            (2) On March 10, 1998, the Council on Environmental Quality 
        waived certain requirements under the National Environmental 
        Policy Act of 1969 to expedite the removal of ``dead, down, and 
        severely root-sprung trees where mortality is expected'' in 
        those areas, by approving alternative arrangements for that 
        removal in accordance with part 1506.11 of title 40, Code of 
        Federal Regulations.
            (3) The Council on Environmental Quality, which is the 
        Federal agency responsible for monitoring implementation of the 
        National Environmental Policy Act of 1969, should be commended 
        for approving those alternative arrangements, which help 
        prevent the wildfires and insect and disease infestations often 
        associated with dead and dying trees.
            (4) Numerous catastrophic forest conditions similar to, 
        equal to, or worse than the conditions for which the Council on 
        Environmental Quality approved the alternative arrangements 
        exist on national forest and public domain lands throughout the 
        nation.
            (5) Treatment equivalent to that provided under the 
        alternative arrangements is warranted and needed on other 
        national forest and public domain lands throughout the United 
        States.

SEC. 2. WAIVER OF NEPA REQUIREMENTS FOR TREATMENT OF DEAD, DOWNED, AND 
              SEVERELY ROOT-SPRUNG TREES.

    (a) In General.--The Secretary of Agriculture may remove dead, 
downed, or severely root-sprung trees in areas described in subsection 
(b) in accordance with the alternative arrangements approved by the 
Council on Environmental Quality for National Forests and Grasslands in 
Texas, as set forth in a letter from the Chairman of the Council on 
Environmental Quality to the Deputy Chief of the National Forest System 
dated March 10, 1998.
    (b) Areas Described.--The areas referred to in subsection (a) are 
the following:
            (1) Approximately 20,000 acres of blowdown forest in the 
        Routt National Forest, Colorado.
            (2) Approximately 700 acres of blowdown forest in the Rio 
        Grande National Forest, Colorado.
            (3) Approximately 50,000 acres of bark beetle infested 
        forest in the Dixie National Forest, Utah.
            (4) Approximately 25,000 acres of insect and fuel-loading 
        conditions on National Forest System lands in the Tahoe Basin, 
        California.
            (5) Approximately 28,000 acres of fire-damaged, dead, and 
        dying trees in the Malheur National Forest, Oregon.
            (6) Approximately 10,000 acres of gypsy moth infestation in 
        the Allegheny National Forest, Pennsylvania.
            (7) Approximately 5,000 acres of severely ice damaged 
        forests in the White Mountain National Forest, New Hampshire, 
        and the Green Mountain National Forest, Vermont.
            (8) Approximately 10,000 acres of severe Mountain pine 
        beetle damaged forests in the Panhandle National Forest, 
        Nezperce National Forest, and Boise National Forest, Idaho.
            (9) Approximately 10,000 acres of severely ice damaged 
        forests in the Daniel Boone National Forest, Kentucky.
            (10) Approximately 15,000 acres of fire-damaged, dead, and 
        dying trees in the Osceola National Forest and Apalachica 
        National Forest, Florida.
    (c) Other Forests.--
            (1) Requirement to request alternative arrangements.--The 
        Secretary of Agriculture or the Secretary of the Interior, 
        respectively, shall promptly request the Council on 
        Environmental Quality to approve alternative arrangements under 
        part 1506.11 of title 40, Code of Federal Regulations, 
        authorizing removal of dead, downed, or severely root-sprung 
        trees on any national forest or public domain lands where 
        premature mortality is expected as a result of catastrophic 
        forest conditions.
            (2) Consideration of requests.--Upon receipt of a request 
        under paragraph (1), the Council on Environmental Quality shall 
        promptly consider and approve or disapprove the request.
            (3) Regulations.--The Chairman of the Council on 
        Environmental Quality shall, by not later than 180 days after 
        the date of the enactment of this Act, issue regulations--
                    (A) governing the approval of alternative 
                arrangements under part 1506.11 of title 40, Code of 
                Federal Regulations, pursuant to requests under 
                paragraph (1); and
                    (B) establishing criteria under which those 
                requests will be considered and approved or 
                disapproved.
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