[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4766 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4766

 To declare the existence of a fire risk emergency for the Beaver Park 
Roadless Area and Norbeck Wildlife Preserve of the Black Hills National 
    Forest in the State of South Dakota, to direct the Secretary of 
   Agriculture to endeavor to use expedited alternative processes to 
    address forest health conditions in these areas, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2002

 Mr. Thune (for himself and Mrs. Cubin) introduced the following bill; 
            which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To declare the existence of a fire risk emergency for the Beaver Park 
Roadless Area and Norbeck Wildlife Preserve of the Black Hills National 
    Forest in the State of South Dakota, to direct the Secretary of 
   Agriculture to endeavor to use expedited alternative processes to 
    address forest health conditions in these 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 ``Black Hills National Forest 
Preservation and Public Safety Act of 2002''.

SEC. 2. USE OF EXPEDITED ALTERNATIVE PROCESSES TO ADDRESS EMERGENCY 
              FOREST HEALTH CONDITIONS IN BLACK HILLS NATIONAL FOREST, 
              SOUTH DAKOTA.

    (a) Findings.--Congress finds the following:
            (1) Forest health conditions in the Beaver Park Roadless 
        Area of the Black Hills National Forest in the State of South 
        Dakota have deteriorated significantly due to mountain pine 
        beetle infestation, storm damage, and drought since the 
        agreement, dated August 1, 2000, that settled Civil Action No. 
        99-N-2173 was signed and filed in the United States District 
        Court for the District of Colorado (referred to in this section 
        as the ``agreement'').
            (2) Dense undergrowth and storm-related damage in the 
        portion of the Norbeck Wildlife Preserve managed by the Black 
        Hills National Forest have led to deteriorating forest health 
        conditions in the Preserve.
            (3) The Act of June 5, 1920 (16 U.S.C. 675 et seq.), which 
        established the Norbeck Wildlife Preserve, contemplated active 
        management of wildlife habitat in the Preserve to benefit 
        wildlife over the long-term.
            (4) Actions to reduce the fire hazard in the Norbeck 
        Wildlife Preserve are consistent with protection of wildlife 
        and breeding places even if individual game animals and birds 
        are adversely affected in the short term.
            (5) The fire hazard associated with deteriorating forest 
        health conditions in the Beaver Park Roadless Area and the 
        Norbeck Wildlife Preserve poses a significant threat to the 
        health and well being of residents who live adjacent to these 
        areas.
    (b) Declaration of Emergency.--In recognition of the significant 
number of dead and dying trees in the 5,109 acre Beaver Park Roadless 
Area of the Black Hills National Forest, South Dakota, as depicted on 
the map entitled Beaver Park Roadless Area, dated March 31, 2002, the 
deteriorating forest health conditions in the 34,873 acre Norbeck 
Wildlife Preserve, as depicted on the map entitled Norbeck Wildlife 
Preserve, dated March 31, 2002, and the resulting imminent risk of 
devastating wildfire in both areas, Congress declares that the fire 
hazard in the Beaver Park Roadless Area and the Norbeck Wildlife 
Preserve constitutes an emergency circumstance within the meaning of 
section 1506.11 of title 40, Code of Federal Regulations, one of the 
implementing regulations for the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).
    (c) Use of Alternative Arrangements.--The Secretary of Agriculture 
shall request from the appropriate officials in the executive branch 
the authority to use alternative arrangements to address forest health 
conditions and the imminent risk of devastating wildfire in the Beaver 
Park Roadless Area and the Norbeck Wildlife Preserve of the Black Hills 
National Forest, and to provide relief from provisions of the agreement 
that would hamper use of the alternative arrangements. The alternative 
arrangements, and actions implementing decisions made pursuant to such 
alternative arrangements, may be implemented notwithstanding 
stipulations 1(b) through 1(d) of the agreement and section 322 of 
Public Law 102-381 (16 U.S.C. 1612 note).
    (d) Relationship to Norbeck Organic Act.--Congress deems that 
actions taken pursuant to this section are consistent with the Act of 
June 5, 1920 (16 U.S.C. 675 et seq.).
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