[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2899 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2899

To address the public health and safety threat presented by the risk of 
catastrophic wildfire on Federal forestlands of the State of California 
  by requiring the Secretary of Agriculture and the Secretary of the 
 Interior to expedite forest management projects relating to hazardous 
        fuels reduction, forest restoration, and forest health.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 2009

   Mr. Herger (for himself, Mr. McClintock, Mr. Daniel E. Lungren of 
 California, and Mr. Radanovich) 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 address the public health and safety threat presented by the risk of 
catastrophic wildfire on Federal forestlands of the State of California 
  by requiring the Secretary of Agriculture and the Secretary of the 
 Interior to expedite forest management projects relating to hazardous 
        fuels reduction, forest restoration, and forest health.

    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 ``California 
Catastrophic Wildfire Prevention and Community Protection Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Project authority consistent with community wildfire protection 
                            plan.
Sec. 5. Elements of eligible projects.
Sec. 6. Environmental analysis.
Sec. 7. Administrative and judicial review.
Sec. 8. Acceptance and use of funds or in-kind services.
Sec. 9. Report.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Forested lands under the jurisdiction of the Forest 
        Service and Bureau of Land Management in California have grown 
        into a state of unnatural density and structure.
            (2) Overgrown forest conditions, in combination with 
        continued drought and other climatic circumstances, have left 
        these forests at extreme risk to insects, disease, and 
        catastrophic wildfire.
            (3) The risk of catastrophic wildfire presents a very real 
        threat to the health and safety of individuals and communities 
        in the wildland-urban interface as well as to the property of 
        adjacent private landowners.
            (4) The catastrophic, stand-replacing fires that are 
        occurring with increasing frequency as a result of the forest 
        conditions described in paragraph (2), pose a threat to the 
        health of lands, watersheds, wildlife, air quality and the 
        environment.
            (5) Local communities and interests are willing to work 
        collaboratively to assure seamless protection from catastrophic 
        wildfire and to improve forest health across public and private 
        lands.
            (6) The Federal Government, particularly the Forest Service 
        and Bureau of Land Management, must address these conditions at 
        the appropriate annual pace and scale needed across the 
        landscape to have a substantial impact in reducing natural 
        disturbances.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) At-risk community.--The term ``at-risk community'' has 
        the meaning given that term in Section 101 of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6511).
            (2) At-risk watershed.--The term ``at-risk watershed'' 
        means a watershed--
                    (A) where there exists a high risk of losing key 
                ecosystem, wildlife, and watershed components to severe 
                fire, including post-fire disturbances, as documented 
                by the Secretary concerned; and
                    (B) where there are--
                            (i) Federal lands in condition class II or 
                        III, as developed by the Forest Service Rocky 
                        Mountain Research Station in the general 
                        technical report titled ``Development of 
                        Coarse-Scale Spatial Data for Wildland Fire and 
                        Fuel Management'' (RMRS-87) and dated April 
                        2000 (including any subsequent revision to the 
                        report); or
                            (ii) private lands that are located in a 
                        ``Very High Fire Hazard Severity Zone'', as 
                        determined by the California State Fire 
                        Marshal.
            (3) Community wildfire protection plan.--The term 
        ``community wildfire protection plan'' has the meaning given 
        that term in Section 101 of the Healthy Forests Restoration Act 
        of 2003 (16 U.S.C. 6511).
            (4) County fire plan.--The term ``county fire plan'' means 
        a plan developed similarly to a community wildfire protection 
        plan with an annual mitigation strategy developed through a 
        collaborative effort and formally adopted by the Board of 
        Supervisors of the county in which the forest lands covered by 
        the plan are located.
            (5) Covered forest lands.--
                    (A) Included lands.--The term ``covered forest 
                lands'' means--
                            (i) National Forest System lands in 
                        California; and
                            (ii) Public land in California administered 
                        by the Secretary of the Interior through the 
                        Bureau of Land Management.
                    (B) Excluded land.--The term does not include land 
                that is a component of the National Wilderness 
                Preservation System or other Federal land (other than 
                inventoried roadless areas and wilderness study areas) 
                in which the removal of vegetation is specifically 
                prohibited by Federal law.
            (6) Eligible project.--The term ``eligible project'' means 
        the measures and methods included in a project carried out on 
        covered forest lands by the Secretary concerned for hazardous 
        fuels reduction, forest health, and forest restoration.
            (7) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) The Secretary of Agriculture, in the case of 
                National Forest System lands; and
                    (B) The Secretary of the Interior, in the case of 
                public land administered by the Secretary of the 
                Interior through the Bureau of Land Management.

SEC. 4. PROJECT AUTHORITY CONSISTENT WITH COMMUNITY WILDFIRE PROTECTION 
              PLAN.

    The Secretary concerned shall carry out eligible projects on 
covered forest lands that are within or adjacent to an at-risk 
community or an at-risk watershed if the eligible project is consistent 
with the applicable community wildfire protection plan or county fire 
plan.

SEC. 5. ELEMENTS OF ELIGIBLE PROJECTS.

    Eligible projects on covered forest lands shall be carried out in a 
cost-effective manner that--
            (1) focuses on surface, ladder, and canopy fuels reduction 
        activities; or
            (2) implements forest restoration activities in response to 
        severe fire, insect, or disease infestation, windthrow, or 
        other extreme weather events or natural disasters.

SEC. 6. ENVIRONMENTAL ANALYSIS.

    (a) General Rule of Proposed Action and No Action Alternative.--The 
Secretary concerned shall prepare an environmental assessment or an 
environmental impact statement pursuant to section 102(2) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for each 
proposed eligible project. The Secretary concerned shall study, 
develop, and describe the proposed action and the alternative of no 
action. Except as provided in subsection (b), the Secretary concerned 
is not required to study, develop, or describe any alternative actions 
to the proposed agency action.
    (b) Consideration of Alternative Recommendation.--The Secretary 
concerned shall evaluate and consider an alternative recommendation 
submitted by the county in which a proposed eligible project is to be 
carried out if the county determines that the proposed eligible project 
is or may be inconsistent with its community wildfire protection plan. 
The Secretary shall publish the evaluation and consideration of the 
alternative recommendation in the environmental assessment or 
environmental impact statement prepared pursuant to section 102(2) of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for 
the proposed eligible project.
    (c) Effect of County Emergency.--
            (1) Council on environmental quality.--Pursuant to Section 
        1506.11 of title 40, Code of Federal Regulations, the Secretary 
        concerned shall request the Council on Environmental Quality to 
        develop and approve alternative arrangements for a proposed 
        eligible project if the county in which the proposed eligible 
        project is to be carried out, in consultation with the Director 
        of the California Department of Forestry and Fire Protection, 
        declares--
                    (A) a state of emergency; or
                    (B) the existence of a dangerous nuisance to public 
                safety, welfare, infrastructure, watersheds, wildlife 
                habitat, or other vital assets due to the accumulation 
                of forest fuels and the associated risk of extreme fire 
                on covered forest lands.
            (2) Mandatory information.--When requesting alternative 
        arrangements under paragraph (1), the Secretary concerned shall 
        transmit to the Council on Environmental Quality the following 
        information:
                    (A) A description of the proposed eligible project.
                    (B) The condition of forest fuels within or near 
                the proposed eligible project.
                    (C) The threat to public safety, welfare, 
                infrastructure, watersheds, wildlife habitat, or other 
                vital assets due to the accumulation of forest fuels 
                and the associated risk of extreme fire that the 
                proposed eligible project is to relieve.
                    (D) The degree to which delaying the implementation 
                of the proposed eligible project will increase the risk 
                of serious harm to public safety, welfare, 
                infrastructure, watersheds, wildlife habitat, or other 
                vital assets due to the accumulation of forest fuels 
                and the associated risk of extreme fire.
                    (E) Any other information the Secretary concerned 
                determines relevant.
            (3) Further information.--At the request of either the 
        county in which the eligible project is to be carried out or 
        the Director of the California Department of Forestry and Fire 
        Protection, the Secretary concerned shall transmit to the 
        Council on Environmental Quality information provided to the 
        Secretary concerned by the State or county concerning the 
        threat to public safety, welfare, infrastructure, watersheds, 
        wildlife habitat, or other vital assets due to the accumulation 
        of forest fuels and the associated risk of extreme fire that 
        the proposed eligible project is to relieve.
            (4) Deadline for alternative arrangements.--Not later than 
        15 days after receipt of a request under paragraph (1) for 
        approval of alternative arrangements for a proposed eligible 
        project, the Council on Environmental Quality shall submit to 
        the Secretary concerned either the alternative arrangements for 
        the eligible project or a statement explaining why the 
        alternative arrangements are denied. If the Council on 
        Environmental Quality fails to comply with such deadline or 
        denies alternative arrangements, the Secretary concerned shall 
        proceed immediately and to completion on the proposed eligible 
        project notwithstanding any other provision of law including, 
        but not limited to, the National Environmental Policy Act and 
        the National Forest Management Act (16 U.S.C. 1601 et seq.). 
        Such actions shall also not be subject to the notice, comment, 
        and appeal requirements of the Appeals Reform Act, (16 U.S.C. 
        1612 (note), Pub. Law No. 102-381 Sec. 322). Any action 
        authorized by this subsection shall not be subject to judicial 
        review by any court of the United States.

SEC. 7. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Administrative Review.--Administrative review of eligible 
projects shall occur in accordance with the special administrative 
review process established under section 105 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6515).
    (b) Judicial Review.--Judicial review of eligible projects shall 
occur in accordance with section 106 of the Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6516).

SEC. 8. ACCEPTANCE AND USE OF FUNDS OR IN-KIND SERVICES.

    The Secretary concerned may accept and use funds or in-kind 
services from any public or private entity to assist carrying out 
eligible projects under this Act.

SEC. 9. REPORT.

    The Secretary concerned shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate an annual report describing all 
eligible projects conducted under this Act.
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