[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5214 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5214

To authorize and direct the Secretary of Agriculture to take actions to 
 promptly address the risk of fire and insect infestation in National 
                          Forest System lands.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2002

 Mr. Rehberg (for himself, Mr. Peterson of Pennsylvania, Mr. Young of 
Alaska, Mr. Goodlatte, Mr. Herger, Mr. Simpson, Mr. Otter, Mr. Cannon, 
 Mr. Jones of North Carolina, Mr. Doolittle, Mr. Duncan, Mr. Gibbons, 
  Mr. Radanovich, Mr. Tancredo, Mr. Tauzin, Mr. Gutknecht, Mr. Goode, 
 Mrs. Emerson, Mr. Schaffer, Mr. Sessions, Mrs. Cubin, Mr. Flake, Mr. 
Gallegly, Mr. Hayworth, and Mr. Hastings of Washington) 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 authorize and direct the Secretary of Agriculture to take actions to 
 promptly address the risk of fire and insect infestation in National 
                          Forest System lands.

    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 ``National Forest Fire Prevention 
Act''.

SEC. 2. ACTIONS TO ADDRESS FIRE AND INSECT DANGER IN NATIONAL FOREST 
              SYSTEM LANDS.

    (a) Findings.--Congress finds the following:
            (1) Forest health conditions within National Forest System 
        lands are deteriorating and immediate action to treat these 
        lands is in the public interest.
            (2) Pending litigation prevents timely action to reduce the 
        risk of wildfire in National Forest System lands.
            (3) Existing administrative and legal processes cannot 
        address the fire danger in time to enable the Secretary of 
        Agriculture to take action to reduce the danger.
            (4) Immediate action to address the fire danger in an 
        environmentally responsive manner is supported by the States 
        and local governments, local industry users, and some 
        environmental groups.
            (5) The Forest Service and State and local fire officials 
        are encouraged to take actions as necessary to create a 
        defensible fuel zone within State owned lands adjacent to 
        National Forest System lands.
    (b) Fire and Insect Risk Reduction in Existing Timber Sale Analysis 
Areas.--
            (1) In general.--Subject to paragraph (2), the Secretary is 
        authorized to treat additional timber within or outside the 
        existing cutting units for National Forest System timber sales 
        and within the analysis areas for these sales as is necessary 
        to reduce insect infestation or fire hazard. The Secretary may 
        authorize such treatments by modifying existing timber sale 
        contracts upon agreement with purchaser or by offering 
        additional timber sales within such timber sale analysis areas.
            (2) Criteria.--In implementing additional treatments within 
        the timber sale analysis areas referred to in paragraph (1), 
        the Secretary shall use, in order of priority, the following 
        criteria:
                    (A) Areas within \1/4\ mile of private properties 
                where private property owners have taken or are taking 
                actions to treat their lands.
                    (B) Stands that are a fire hazard or insect 
                infested, and are near private lands or in proximity to 
                communities.
                    (C) Areas that have the highest intensity or 
                concentration of insect infestation that will move to 
                other areas.
                    (D) Stands that are a fire hazard or insect 
                infested, and are near areas of high resource value 
                where retaining green trees is important, such as 
                wildlife habitats, sensitive landscapes, recreation 
                areas, and developments.
                    (E) Stands that are a high fire hazard or insect 
                infested, and are within skidding distance of existing 
                roads.
                    (F) Concentrations of insect infested trees or 
                areas that are high fire hazards.
                    (G) Stands with the highest density that are most 
                susceptible to insect attack and are in close proximity 
                to infested trees.
    (c) Process.--Actions the Secretary undertakes pursuant to this 
section shall proceed immediately and to completion notwithstanding any 
other provision of law, including the National Environmental Policy Act 
of 1969 and the National Forest Management Act (16 U.S.C. 1601 et 
seq.). Any actions taken pursuant to this section shall not be subject 
to the notice, comment, and appeal requirements of section 322 of 
Public Law 102-381 (commonly referred to as the ``Appeals Reform Act''; 
16 U.S.C. 1612 note). Any action determined by the Secretary to be 
authorized by this section and the determination by the Secretary shall 
not be subject to judicial review by any court of the United States.
    (d) Roadless Character.--The actions authorized by this section 
shall not affect the determination of any area's wilderness capability, 
wilderness suitability, or roadless character.
    (e) Reporting.--The Secretary shall report to Congress on the 
implementation of this section on or by November 30, 2002, June 30, 
2003, and November 30, 2003.
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