[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6089 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6089

  To address the bark beetle epidemic, drought, deteriorating forest 
health conditions, and high risk of wildfires on National Forest System 
 land and land under the jurisdiction of the Bureau of Land Management 
   in the United States by expanding authorities established in the 
 Healthy Forest Restoration Act of 2003 to provide emergency measures 
for high-risk areas identified by such States, to make permanent Forest 
    Service and Bureau of Land Management authority to conduct good-
  neighbor cooperation with States to reduce wildfire risks, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2012

  Mr. Tipton (for himself, Mr. Coffman of Colorado, Mr. Gardner, Mr. 
  Gosar, Mr. Lamborn, and Mr. Walden) 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 bark beetle epidemic, drought, deteriorating forest 
health conditions, and high risk of wildfires on National Forest System 
 land and land under the jurisdiction of the Bureau of Land Management 
   in the United States by expanding authorities established in the 
 Healthy Forest Restoration Act of 2003 to provide emergency measures 
for high-risk areas identified by such States, to make permanent Forest 
    Service and Bureau of Land Management authority to conduct good-
  neighbor cooperation with States to reduce wildfire risks, 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; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Congressional declaration of bark beetle epidemic, drought, 
                            deteriorating forest health conditions, and 
                            high risk of wildfires in States as 
                            imminent threat.
Sec. 4. State designation of high-risk areas of National Forest System 
                            and public lands.
Sec. 5. Designation of high-risk areas by the Secretary concerned.
Sec. 6. Use of emergency hazardous fuels reduction projects for high-
                            risk areas.
Sec. 7. Applicability of expedited procedures and authorities of 
                            Healthy Forests Restoration Act of 2003 to 
                            emergency hazardous fuels reduction 
                            projects.
Sec. 8. Forest Service and Bureau of Land Management good-neighbor 
                            cooperation with States to reduce wildfire 
                            risks.
Sec. 9. Stewardship end result contracting project authority.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Emergency hazardous fuels reduction project.--The term 
        ``emergency hazardous fuels reduction project'' means a project 
        or activity carried out in a high-risk area to address the bark 
        beetle epidemic, drought, or deteriorating forest health 
        conditions and the resulting imminent risk of devastating 
        wildfires.
            (2) High-risk area.--The term ``high-risk area'' means an 
        area of National Forest System land or public lands identified 
        under section 4 as an area suffering from the bark beetle 
        epidemic, drought, or deteriorating forest health conditions, 
        with the resulting imminent risk of devastating wildfires, or 
        otherwise at high risk for bark beetle infestation, drought, or 
        wildfire.
            (3) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)).
            (4) Public lands.--The term ``public lands'' has the 
        meaning given that term in section 103(e) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
            (5) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                the National Forest System; and
                    (B) the Secretary of the Interior, with respect to 
                public lands.
            (6) The term ``State'' means any of the several States 
        containing National Forest System land or public lands. The 
        term includes the Commonwealth of Puerto Rico.

SEC. 3. CONGRESSIONAL DECLARATION OF BARK BEETLE EPIDEMIC, DROUGHT, 
              DETERIORATING FOREST HEALTH CONDITIONS, AND HIGH RISK OF 
              WILDFIRES IN STATES AS IMMINENT THREAT.

    Congress hereby declares that the bark beetle epidemic, drought, 
and deteriorating forest health conditions on National Forest System 
land and public lands in the States, with the resulting imminent risk 
of devastating wildfires that pose a significant threat to the economic 
stability of communities in the affected areas and the health, safety, 
and well-being of residents, firefighters, and visitors to the areas, 
is an ``imminent threat'' within the meaning of section 294.12(b)(1) of 
title 36, Code of Federal Regulations (2002 Edition) and any existing 
or pending roadless area management rule applicable to a State.

SEC. 4. STATE DESIGNATION OF HIGH-RISK AREAS OF NATIONAL FOREST SYSTEM 
              AND PUBLIC LANDS.

    (a) Designation Authority.--The Governor of a State may designate 
high-risk areas of the National Forest System and public lands in the 
State for the purposes of addressing--
            (1) deteriorating forest health conditions in existence as 
        of the date of the enactment of this Act due to the bark beetle 
        epidemic or drought, with the resulting imminent risk of 
        devastating wildfires; and
            (2) the future risk of insect infestations or disease 
        outbreaks through preventative treatments to improve forest 
        health conditions.
    (b) Consultation.--In designating high-risk areas, the Governor of 
a State shall consult with county government from affected counties and 
with affected Indian tribes.
    (c) Exclusion of Certain Areas.--The following National Forest 
System land or public lands may not be designated as a high-risk area:
            (1) A component of the National Wilderness Preservation 
        System.
            (2) A National Monument.
    (d) Standards for Designation.--Designation of high-risk areas 
shall be consistent with standards and guidelines contained in the land 
and resource management plan or land use plan for the unit of the 
National Forest System or public lands for which the designation is 
being made, except that the Secretary concerned may modify such 
standards and guidelines to correspond with a specific high-risk area 
designation.
    (e) Time for Initial Designations.--The first high-risk areas 
should be designated not later than 60 days after the date of the 
enactment of this Act but may be designated at any time consistent with 
subsection (a).
    (f) Duration of Designation.--The designation of a high-risk area 
in a State shall expire 20 years after the date of the designation, 
unless earlier terminated by the Governor of the State.
    (g) Redesignation.--The expiration of the 20-year period specified 
in subsection (f) does not prohibit the Governor from redesignating an 
area of the National Forest System land or public lands as a high-risk 
area under this section if the Governor determines that the area of 
National Forest System land or public lands continues to be subject to 
the terms of this section
    (h) Recognition of Valid and Existing Rights.--The designation of a 
high-risk area shall not be construed to limit or restrict--
            (1) access to National Forest System land or public lands 
        included in the area for hunting, fishing, and other related 
        purposes; or
            (2) valid and existing rights regarding the National Forest 
        System land or public lands.

SEC. 5. DESIGNATION OF HIGH-RISK AREAS BY THE SECRETARY CONCERNED.

    (a) Designation Authority.--The Secretary concerned may designate 
high-risk areas of the National Forest System and the public lands for 
the purposes of addressing--
            (1) deteriorating forest health conditions in existence as 
        of the date of the enactment of this Act due to the bark beetle 
        epidemic or drought, with the resulting imminent risk of 
        devastating wildfires; and
            (2) the future risk of insect infestations or disease 
        outbreaks through preventative treatments to improve forest 
        health conditions.
    (b) Consultation.--In designating high-risk areas, the Secretary 
concerned shall consult with Governors of affected States, county 
government from affected counties, and with affected Indian tribes.
    (c) Exclusion of Certain Areas.--The following National Forest 
System land or public lands may not be designated as a high-risk area:
            (1) A component of the National Wilderness Preservation 
        System.
            (2) A National Monument.
    (d) Standards for Designation.--Designation of high risk areas 
shall be consistent with standards and guidelines contained in the land 
and resource management plan or land use plan for the unit of the 
National Forest System or public lands for which the designation is 
being made, except that the Secretary concerned may modify such 
standards and guidelines to correspond with a specific high-risk area 
designation.
    (e) Time for Initial Designations.--The first high-risk areas 
should be designated not later than 60 days after the date of the 
enactment of this Act but may be designated at any time consistent with 
subsection (a).
    (f) Duration of Designation.--The designation of a high-risk area 
in a State shall expire 20 years after the date of the designation, 
unless earlier terminated by the Secretary concerned.
    (g) Redesignation.--The expiration of the 20-year period specified 
in subsection (f) does not prohibit the Secretary concerned from 
redesignating an area of the National Forest System or public lands as 
a high-risk area if the Secretary determines that the National Forest 
System land or public lands continues to be subject to the terms of 
this section, except that such redesignation is subject to consultation 
with Governors from affected States, county government from affected 
counties, and affected Indian tribes.
    (h) Recognition of Valid and Existing Rights.--The designation of a 
high-risk area shall not be construed to limit or restrict--
            (1) access to National Forest System land or public lands 
        included in the area for hunting, fishing, and other related 
        purposes; or
            (2) valid and existing rights regarding the National Forest 
        System land or public lands.

SEC. 6. USE OF EMERGENCY HAZARDOUS FUELS REDUCTION PROJECTS FOR HIGH-
              RISK AREAS.

    (a) Project Proposals.--
            (1) Proposals authorized.--Upon designation of a high-risk 
        area in a State, the Governor of the State may provide for the 
        development of proposed emergency hazardous fuels reduction 
        projects for the high-risk area. The Secretary concerned also 
        may develop emergency hazardous fuels reduction projects.
            (2) Project criteria.--In preparing proposed emergency 
        hazardous fuels reduction projects, the Governor of a State and 
        the Secretary concerned shall--
                    (A) take into account managing for rights of way, 
                protection of watersheds, protection of wildlife and 
                endangered species habitat, safe-guarding water 
                resources, and protecting local communities from 
                wildfires; and
                    (B) emphasize activities that thin the forest to 
                provide the greatest health and longevity of the 
                forest.
    (b) Prohibition on Certain Activities.--An emergency hazardous 
fuels reduction project may not include clear cutting of timber.
    (c) Consultation.--In preparing proposed emergency hazardous fuels 
reduction projects, the Governor of a State shall consult with county 
government from affected counties, and with affected Indian tribes. If 
the Secretary concerned develops a proposal, the Secretary concerned 
shall consult with the Governor of the affected State, county 
government from affected counties, and affected Indian tribes.
    (d) Submission and Implementation.--The Governor of a State shall 
submit proposed emergency hazardous fuels reduction projects to the 
Secretary concerned for implementation.
    (e) Implementation of Projects.--
            (1) State proposed projects.--The Secretary concerned shall 
        implement hazardous fuels reduction projects proposed by 
        Governors within 60 days of the date on which the Secretary 
        receives the proposal.
            (2) Secretary proposed projects.--The Secretary concerned 
        shall implement hazardous fuels reduction projects proposed by 
        the Secretary concerned within 60 days of the date on which the 
        proposal is finalized.

SEC. 7. APPLICABILITY OF EXPEDITED PROCEDURES AND AUTHORITIES OF 
              HEALTHY FORESTS RESTORATION ACT OF 2003 TO EMERGENCY 
              HAZARDOUS FUELS REDUCTION PROJECTS.

    (a) Applicability.--Subject to subsections (b) through (e), title I 
of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) 
(including the environmental analysis requirements of section 104 of 
that Act (16 U.S.C. 6514), the special administrative review process 
under section 105 of that Act (16 U.S.C. 6515), and the judicial review 
process under section 106 of that Act (16 U.S.C. 6516)), shall apply to 
all emergency hazardous fuels reduction projects developed under 
section 6.
    (b) Application of Other Law.--Section 322 of Public Law 102-381 
(16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to Forest Service 
emergency hazardous fuels reduction projects.
    (c) Required Modifications.--In applying title I of the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) to emergency 
hazardous fuels reduction projects, the Secretary concerned shall make 
the following modifications:
            (1) The authority shall apply to the entire high-risk area, 
        including land that is outside of a wildland-urban interface 
        area or that does not satisfy any of the other eligibility 
        criteria specified in section 102(a) of that Act (16 U.S.C. 
        6512(a)).
            (2) All projects and activities of the Secretary concerned, 
        including necessary connected actions (as described in section 
        1508.25(a)(1) of title 40, Code of Federal Regulations), of the 
        emergency hazardous fuels reduction project shall be deemed to 
        be an authorized hazardous fuel reduction project for purposes 
        of applying the title.
    (d) Forest Management Plans.--All projects and activities carried 
out as part of an emergency hazardous fuels reduction project in a 
designated high-risk area shall be consistent with standards and 
guidelines contained in the land and resource management plan or land 
use plan for the unit of the National Forest System or public lands for 
which the designation is made, except that the Secretary concerned may 
modify such standards and guidelines to correspond with a specific 
high-risk area designation.
    (e) Retention of NEPA Responsibilities.--Any decision required to 
be made under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) with respect to any project or activity to be carried out 
as part of an emergency hazardous fuels reduction project in a high-
risk area shall not be delegated to a State forester or any other 
officer or employee of the State in which the emergency hazardous fuels 
reduction project will be carried out.
    (f) Categorical Exclusion.--If a project or activity to be carried 
out as part of an emergency hazardous fuels reduction project in a 
high-risk area involves the removal of insect-infected trees or other 
hazardous fuels within 500 feet of utility or telephone infrastructure, 
campgrounds, roadsides, heritage sites, recreation sites, schools, or 
other infrastructure, the project or activity is categorically excluded 
from the requirement to prepare an environmental assessment or an 
environmental impact statement under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) so long as the project or activity 
is otherwise conducted consistently with agency and departmental 
procedures and the applicable land and resource management plan or land 
use plan.

SEC. 8. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT GOOD-NEIGHBOR 
              COOPERATION WITH STATES TO REDUCE WILDFIRE RISKS.

    (a) Definitions.--In this section:
            (1) Eligible state.--The term ``eligible State'' means a 
        State that contains National Forest System land.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (3) State forester.--The term ``State forester'' means the 
        head of a State agency with jurisdiction over State forestry 
        programs in an eligible State.
    (b) Cooperative Agreements and Contracts.--
            (1) In general.--The Secretary may enter into a cooperative 
        agreement or contract (including a sole source contract) with a 
        State forester to authorize the State forester to provide the 
        forest, rangeland, and watershed restoration and protection 
        services described in paragraph (2) on National Forest System 
        land in the eligible State.
            (2) Authorized services.--The forest, rangeland, and 
        watershed restoration and protection services referred to in 
        paragraph (1) include the conduct of--
                    (A) activities to treat insect infected trees;
                    (B) activities to reduce hazardous fuels; and
                    (C) any other activities to restore or improve 
                forest, rangeland, and watershed health, including fish 
                and wildlife habitat.
            (3) State as agent.--Except as provided in paragraph (6), a 
        cooperative agreement or contract entered into under paragraph 
        (1) may authorize the State forester to serve as the agent for 
        the Secretary in providing the restoration and protection 
        services authorized under that paragraph.
            (4) Subcontracts.--In accordance with applicable contract 
        procedures for the eligible State, a State forester may enter 
        into subcontracts to provide the restoration and protection 
        services authorized under a cooperative agreement or contract 
        entered into under paragraph (1).
            (5) Timber sales.--Subsections (d) and (g) of section 14 of 
        the National Forest Management Act of 1976 (16 U.S.C. 472a) 
        shall not apply to services performed under a cooperative 
        agreement or contract entered into under paragraph (1).
            (6) Retention of nepa responsibilities.--Any decision 
        required to be made under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) with respect to any 
        restoration and protection services to be provided under this 
        section by a State forester on National Forest System land 
        shall not be delegated to a State forester or any other officer 
        or employee of the eligible State.
            (7) Applicable law.--The restoration and protection 
        services to be provided under this section shall be carried out 
        on a project-to-project basis under existing authorities of the 
        Forest Service.

SEC. 9. STEWARDSHIP END RESULT CONTRACTING PROJECT AUTHORITY.

    (a) Extension of Authority.--Section 347(a) of the Department of 
the Interior and Related Agencies Appropriations Act, 1999 (as 
contained in section 101(e) of division A of Public Law 105-277; 16 
U.S.C. 2104 note) is amended by striking ``2013'' and inserting 
``2017''.
    (b) Duration of Contracts.--Section 347(c)(2) of the Department of 
the Interior and Related Agencies Appropriations Act, 1999 (as 
contained in section 101(e) of division A of Public Law 105-277; 16 
U.S.C. 2104 note) is amended by striking ``10 years'' and inserting 
``20 years''.
                                 <all>