[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1485 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1485

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2011

  Mr. Herger (for himself, Mr. McClintock, Mrs. McMorris Rodgers, Mr. 
Bishop of Utah, Mr. Chaffetz, Mr. Nunes, Mr. Hunter, Mr. Gallegly, Mr. 
  Coffman of Colorado, and Mr. Denham) 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 by requiring the Secretary 
  of Agriculture and the Secretary of the Interior to expedite forest 
   management projects relating to hazardous fuels reduction, forest 
         restoration, forest health, and watershed restoration.

    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 ``Catastrophic 
Wildfire 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. Definitions.
Sec. 3. Project authority consistent with community wildfire protection 
                            plan.
Sec. 4. Elements of eligible projects.
Sec. 5. Environmental analysis.
Sec. 6. Administrative and judicial review.
Sec. 7. Acceptance and use of funds or in-kind services.
Sec. 8. Report.

SEC. 2. 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 where--
                    (A) 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) there are 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).
            (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) Covered forest lands.--
                    (A) Included lands.--The term ``covered forest 
                lands'' means--
                            (i) National Forest System lands; and
                            (ii) Public land 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.
            (5) 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, forest restoration, and 
        watershed restoration.
            (6) 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. 3. 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.

SEC. 4. 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. 5. ENVIRONMENTAL ANALYSIS.

    (a) General Rule of Proposed Action and No Action Alternative.--
            (1) Environmental assessment and environmental impact 
        statement.--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.
            (2) Deadline for completion.--An environmental assessment 
        prepared for a proposed eligible project shall be completed 
        within one year of the commencement of preparation of the 
        assessment. An environmental impact statement prepared for a 
        proposed eligible project shall be completed within 18 months 
        of the commencement of preparation of the environmental impact 
        statement.
    (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.--If a categorical 
        exclusion is unavailable for a proposed eligible project, the 
        Secretary concerned shall request, pursuant to section 1506.11 
        of title 40, Code of Federal Regulations, the Council on 
        Environmental Quality to develop and approve alternative 
        arrangements for the proposed eligible project if the county in 
        which the proposed eligible project is to be carried out 
        declares, in consultation with the State forester or equivalent 
        State official of the State containing the county--
                    (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) Deadline for alternative arrangements.--
                    (A) Deadline.--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 the alternative 
                arrangements under which the Secretary may proceed 
                immediately and to completion of the proposed eligible 
                project.
                    (B) Failure to comply.--If the Council on 
                Environmental Quality fails to comply with the deadline 
                in subparagraph (A), the Secretary concerned shall 
                proceed immediately and to completion of the proposed 
                eligible project notwithstanding any other provision of 
                law, including the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) and the National Forest 
                Management Act (16 U.S.C. 1601 et seq.).
            (4) Administrative and judicial review.--Actions under this 
        subsection shall not be subject to--
                    (A) the notice, comment, and appeal requirements of 
                section 322 of Public Law 102-381 (the Appeals Reform 
                Act; 16 U.S.C. 1612 note); and
                    (B) judicial review by any court of the United 
                States.

SEC. 6. 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. 7. 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. 8. 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.
                                 <all>