[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5744 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5744

   To address the forest health, public safety, and wildlife habitat 
   threat presented by the risk of wildfire, including catastrophic 
 wildfire, on National Forest System lands and public lands managed by 
the Bureau of Land Management by requiring the Secretary of Agriculture 
    and the Secretary of the Interior to expedite forest management 
  projects relating to hazardous fuels reduction, forest health, and 
             economic development, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2012

Mr. Gosar (for himself, Mr. Matheson, Mr. Ross of Arkansas, Mr. Walden, 
 Mr. Amodei, Mr. Tipton, Mr. Bishop of Utah, Mr. Pearce, Mrs. McMorris 
      Rodgers, Mrs. Lummis, Mr. Duffy, Mr. Berg, Mr. Thompson of 
 Pennsylvania, Mr. Denham, Mr. Schweikert, Mr. Sessions, Mr. Long, Mr. 
Johnson of Ohio, Mr. Pompeo, Mr. Cole, Mr. Nunes, Mr. Carter, Mr. King 
of Iowa, Mr. DesJarlais, Mr. Franks of Arizona, Mr. Gardner, Mr. Flake, 
 and Mr. Quayle) introduced the following bill; which was referred to 
the Committee on Natural Resources, and in addition to the Committee on 
Agriculture, 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 forest health, public safety, and wildlife habitat 
   threat presented by the risk of wildfire, including catastrophic 
 wildfire, on National Forest System lands and public lands managed by 
the Bureau of Land Management by requiring the Secretary of Agriculture 
    and the Secretary of the Interior to expedite forest management 
  projects relating to hazardous fuels reduction, forest health, and 
             economic development, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Catastrophic 
Wildfire Prevention Act of 2012''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
Sec. 4. Authorized wildfire prevention projects.
Sec. 5. Public review and environmental analysis.
Sec. 6. Administrative and judicial review.
Sec. 7. Threatened and endangered species designations.

SEC. 2. PURPOSES.

    The purposes of this Act are as follows:
            (1) Expedite wildfire prevention projects to reduce the 
        chances of wildfire, including catastrophic wildfire, on 
        certain Federal lands.
            (2) Reduce threats to endangered species from wildfires.
            (3) Provide efficiency tools to the Secretary of 
        Agriculture and the Secretary of the Interior to streamline 
        projects to reduce the potential for wildfires.

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 forest.--The term ``at-risk forest'' means--
                    (A) Federal land where there exists a high risk of 
                losing an at-risk community, key ecosystem, wildlife, 
                or wildlife habitat to wildfire, including catastrophic 
                wildfire and post-fire disturbances, as documented by 
                the Secretary concerned; or
                    (B) Federal land in condition class II or III, as 
                those classes were 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 or any subsequent 
                revision of the report.
            (3) Authorized wildfire prevention project.--The term 
        ``authorized wildfire prevention project'' means the measures 
        and methods developed for a project to be carried out in an at-
        risk forest or on threatened and endangered species habitat by 
        the Secretary concerned for the purpose of hazardous fuels 
        reduction, forest health, forest restoration, watershed 
        restoration, or threatened and endangered species habitat 
        protection. An authorized wildfire prevention project may 
        include livestock grazing and timber harvest projects carried 
        out for one or more of such purposes.
            (4) Federal land.--
                    (A) Covered land.--The term ``Federal land'' 
                means--
                            (i) land of the National Forest System (as 
                        defined in section 11(a) of the Forest and 
                        Rangeland Renewable Resources Planning Act of 
                        1974 (16 U.S.C. 1609(a))); or
                            (ii) public lands (as defined in section 
                        103 of the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1702)).
                    (B) Excluded land.--The term does not include land 
                in which the removal of vegetation is specifically 
                prohibited by Federal law unless the land is in an 
                inventoried roadless area or wilderness study area.
            (5) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, in the case of 
                National Forest System land; and
                    (B) the Secretary of the Interior, in the case of 
                public lands.
            (6) Threatened and endangered species habitat.--The term 
        ``threatened and endangered species habitat'' means Federal 
        land regarding which natural fire regimes are identified as 
        being important for, or wildfire is identified as a threat to, 
        an endangered species, a threatened species, or habitat of an 
        endangered species or threatened species in--
                    (A) a species recovery plan prepared under section 
                4 of the Endangered Species Act of 1973 (16 U.S.C. 
                1533); or
                    (B) a notice published in the Federal Register 
                determining a species to be an endangered species or a 
                threatened species or designating critical habitat for 
                an endangered species or a threatened species.

SEC. 4. AUTHORIZED WILDFIRE PREVENTION PROJECTS.

    (a) Projects Authorized.--As soon as practicable after the date of 
the enactment of this Act, the Secretary concerned shall implement 
authorized wildfire prevention projects in at-risk forests and on 
threatened and endangered species habitat in a manner that focuses on 
surface, ladder, and canopy fuels reduction activities.
    (b) Project Elements.--
            (1) Threatened and endangered species habitat.--In the case 
        of an authorized wildfire prevention project carried out on 
        threatened and endangered species habitat, the project shall be 
        carried out--
                    (A) to provide enhanced protection from wildfire, 
                including catastrophic wildfire, for the endangered 
                species, threatened species, or habitat of the 
                endangered species or threatened species; and
                    (B) in compliance with any applicable guidelines 
                specified in the species recovery plan prepared under 
                section 4 of the Endangered Species Act of 1973 (16 
                U.S.C. 1533).
            (2) At-risk forests.--In the case of an authorized wildfire 
        prevention project carried out in an at-risk forest, the 
        project shall be carried out to move Federal land in condition 
        class II or III toward condition class I.
    (c) Grazing.--Domestic livestock grazing may be used in an 
authorized wildfire prevention project to reduce surface fuel loads and 
to recover burned areas. Utilization standards shall not apply when 
domestic livestock grazing is used in an authorized wildfire prevention 
project.
    (d) Timber Harvesting and Thinning.--Timber harvesting and thinning 
may be used in an authorized wildfire prevention project to reduce 
ladder and canopy fuel loads to prevent wildfire, including 
catastrophic wildfire.
    (e) Relation to Land and Resource Management Plans and Land Use 
Plan.--Nothing in this section requires the Secretary concerned, as a 
condition of conducting an authorized wildfire prevention project, to 
revise or amend the land and resource management plan applicable to the 
National Forest System lands or the land use plan applicable to the 
public lands on which the project will be conducted.
    (f) Consideration of Public Petitions.--Not later than 60 days 
after receiving a public petition for the designation of Federal land 
as an at-risk forest or as threatened and endangered species habitat, 
the Secretary concerned shall--
            (1) review the petition; and
            (2) make a determination regarding such designation.

SEC. 5. PUBLIC REVIEW AND ENVIRONMENTAL ANALYSIS.

    (a) Public Notice and Comment.--
            (1) Proposed projects.--The Secretary concerned shall 
        publish in the Federal Register notice of a proposed authorized 
        wildfire prevention project. The public may submit to the 
        Secretary specific written comments that relate to the project 
        within 30 days after the date of publication of the notice.
            (2) Final decision.--Not later than 60 days after the date 
        on which notice was published under paragraph (1) with regard 
        to a proposed authorized wildfire prevention project and after 
        taking into account any comments received under such paragraph, 
        the Secretary concerned shall designate the final project and 
        publish in the Federal Register notice of final designated 
        project. Only persons who submitted comments regarding the 
        proposed project under paragraph (1) may submit to the 
        Secretary specific written comments that relate to the final 
        designated project. Any comments regarding the final designated 
        prevention project must be submitted within 30 days after the 
        date of the publication of the notice.
    (b) Environmental Analysis Generally.--Except as otherwise provided 
in this Act, the Secretary concerned shall comply with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other 
applicable laws in planning and conducting an authorized wildfire 
prevention project.
    (c) Interagency Cooperation.--The informal consultation 
requirements of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), as codified in section 402.05 of title 50, Code of Federal 
Regulations shall apply to an authorized wildfire prevention project.
    (d) Special Rules for Certain Projects.--
            (1) Covered projects; deadline.--If an authorized wildfire 
        prevention project includes timber harvesting or grazing, the 
        Secretary concerned shall prepare an environmental assessment 
        within 30 days after the date on which notice was published 
        under subsection (a)(1) for the proposed agency action under 
        section 102(2) of the National Environmental Policy Act of 1969 
        (42 U.S.C. 4332(2)).
            (2) Effect of failure to meet deadline.--The authorized 
        wildfire prevention project shall be deemed compliant with all 
        requirements of the National Environmental Policy Act of 1969 
        if the Secretary concerned fails to meet the deadline specified 
        in paragraph (1).
            (3) Project lengths.--In the case of a livestock grazing 
        project, the environmental assessment shall be deemed 
        sufficient for a minimum of 10 years. In the case of a timber 
        harvest project, the environmental assessment shall be deemed 
        sufficient for a minimum of 20 years.
            (4) Alternatives.--Nothing in this section requires the 
        Secretary concerned to study, develop, or describe any 
        alternative to the proposed agency action in the environmental 
        assessment conducted under paragraph (1).
    (e) Effect of Compliance.--Compliance with this section shall be 
deemed to satisfy the requirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4331 et seq.), section 14 of the National Forest 
Management Act of 1976 (16 U.S.C. 472a), the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.), and the Multiple-Use Sustained-Yield Act 
of 1960 (16 U.S.C. 528 et seq.).

SEC. 6. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Administrative Review.--Administrative review of an authorized 
wildfire prevention project 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 an authorized wildfire 
prevention project shall occur in accordance with section 106 of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516).

SEC. 7. THREATENED AND ENDANGERED SPECIES DESIGNATIONS.

    Before listing any species under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.), the Secretary concerned shall conduct 
research to find what impact a listing would have on forest fuel loads, 
both forage and timber. Endangered species recovery plans and critical 
habitat determinations shall include wildfire risk assessment analysis.
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