110 HR 4245 IH: Saving American Lives and Investing in U.S. House of Representatives 2007-11-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 4245 IN THE HOUSE OF REPRESENTATIVES November 15, 2007 Mr. Sali introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Natural 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 amend the Healthy Forests Restoration Act of 2003 to provide for the categorical exclusion of certain projects on Federal land located adjacent to non-Federal land from documentation in an environmental impact statement or environmental assessment when conditions on the Federal land pose a serious risk to the non-Federal land, to authorize the Secretary of Agriculture and the Secretary of the Interior to enter into contracts or agreements for forest projects on Federal land with non-Federal entities that own adjacent land, and for other purposes.

1.

Short title

This Act may be cited as the Saving American Lives and Investing in Protecting Land And Nature Act.

2.

Expedited performance of forest projects on Federal land when conditions on the Federal land pose a serious risk to adjacent non-Federal land

(a)

Categorical exclusion of certain projects

Section 104 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514) is amended— (1)by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and (2)by adding at the end the following new subsection: (e)

Categorical exclusion for projects To protect adjacent non-Federal land

(1)

Basis for categorical exclusion

An authorized hazardous fuel reduction project or other forest project that is proposed to be conducted on adjacent Federal land or that is recommended in a community wildfire protection plan may be categorically excluded from documentation in an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if— (A)the Secretary determines that the project is consistent with the applicable resource management plan; and (B)the decision to categorically exclude the project is made in accordance with applicable extraordinary circumstances procedures established pursuant to section 1508.4 of title 40, Code of Federal Regulations. (2)

Priority for certain projects

In providing categorical exclusions under paragraph (1), the Secretary shall give priority to authorized hazardous fuel reduction projects and other projects recommended in a community wildfire protection plan. (3)

Adjacent federal land defined

In this subsection, the term adjacent Federal land means an area of Federal land that, while not located in the wildland-urban interface, is located within not more than 1½ miles of non-Federal land, and the Secretary, in the exercise of the Secretary’s sole discretion, determines that conditions on the Federal land, such as the risk of wildfire, an insect or disease epidemic, or the presence of invasive species, pose a risk to the adjacent non-Federal land. . (b)

Enhanced cooperation with non-Federal landowners

Title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) is amended by adding at the end the following new section:

109.

Cooperation with non-Federal landowners of land adjacent to Federal land to enhance protection of both the Federal and non-Federal land

(a)

Use of non-Federal landowners To conduct forest projects

The Secretary may enter into a contract or agreement with a non-Federal entity to conduct an authorized hazardous fuels reduction project or other project that is proposed to be conducted on Federal land that is located within not more than 1½ miles of non-Federal land owned by the non-Federal entity or that is covered by a community wildfire protection plan that also covers the non-Federal land owned by the non-Federal entity if— (1)the Secretary, upon request by the non-Federal entity and in the exercise of the Secretary’s sole discretion, determines that conditions on the Federal land, such as the risk of wildfire, an insect or disease epidemic, or the presence of invasive species, pose a risk to the adjacent non-Federal land; (2)the Secretary determines that the contract or agreement is in the interest of the Federal government and the landowner and will promote the goals of this Act; and (3)the authorized hazardous fuels reduction project or other project is consistent with the applicable resource management plan. (b)

Goods for services

The Secretary may allow the exchange of goods for services in an agreement or contract entered into under this section.

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