[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1344 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1344

  To direct the Secretary of Agriculture to take immediate action to 
 recover ecologically and economically from a catastrophic wildfire in 
             the State of Arizona, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 11, 2011

  Mr. Kyl (for himself and Mr. McCain) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of Agriculture to take immediate action to 
 recover ecologically and economically from a catastrophic wildfire in 
             the State of Arizona, 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.

    This Act may be cited as the ``Arizona Wallow Fire Recovery and 
Monitoring Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to direct the Secretary of Agriculture 
to take certain actions--
            (1) to rehabilitate and restore the Wallow Fire Area;
            (2) to recover material that is fire-damaged, but still 
        merchantable, from the Wallow Fire Area before the material 
        loses economic value;
            (3) to create defensible space around communities to 
        effectively and safely fight future fires in the vicinity of 
        the Wallow Fire Area;
            (4) to monitor the environmental and economic effects of 
        the removal of fire-damaged trees from the Wallow Fire Area; 
        and
            (5) to provide a mechanism to offset the costs of forest 
        restoration in the Wallow Fire Area.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Burned area emergency response.--The term ``burned area 
        emergency response'' means the process used by the Secretary to 
        plan and implement emergency stabilization actions on Federal 
        land in response to an immediate post-fire condition--
                    (A) to minimize threats to life or property; or
                    (B) to stabilize and prevent unacceptable 
                degradation to natural and cultural resources resulting 
                from the effects of the catastrophic event.
            (2) Community protection management area.--The term 
        ``Community Protection Management Area'' means--
                    (A) the wildland-urban interface in a community 
                wildfire protection plan;
                    (B) human development areas having special 
                significance, including critical communication sites, 
                high voltage transmission lines, developed recreation 
                sites, and other structures that, if destroyed by fire, 
                would result in hardship to communities; and
                    (C) the fuels adjacent to areas described in 
                subparagraph (B).
            (3) Community wildfire protection plan.--The term 
        ``community wildfire protection plan'' has the meaning given 
        the term in section 101 of the Healthy Forest Restoration Act 
        of 2003 (16 U.S.C. 6511).
            (4) Hazard tree and commercial timber evaluation.--The term 
        ``hazard tree and commercial timber evaluation'' means an 
        evaluation of the hazard trees and fire-damaged, dead, and 
        dying timber resources on the National Forest System land in 
        the Wallow Fire Area conducted in accordance with section 4.
            (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (6) National forest system.--The term ``National Forest 
        System'' has the meaning given the term in section 11(a) of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1609(a)).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (8) Timber removal project.--The term ``timber removal 
        project'' means a timber removal project for the Wallow Fire 
        Area identified under a hazard tree and commercial timber 
        evaluation.
            (9) Wallow fire.--The term ``Wallow Fire'' means the fire 
        that originated in the Bear Wallow Wilderness on May 29, 2011.
            (10) Wallow fire area.--The term ``Wallow Fire Area'' means 
        the approximately 538,000-acre fire perimeter in the State of 
        Arizona, as depicted on the map entitled ``Wallow Fire Az-ASF-
        110152 Progression Map'' and dated June 28, 2011.

SEC. 4. HAZARD TREE AND COMMERCIAL TIMBER EVALUATION.

    (a) In General.--The Secretary shall conduct a hazard tree and 
commercial timber evaluation that identifies timber resources 
appropriate for removal within the Wallow Fire Area not later than the 
date that is the earlier of--
            (1) the date that is 30 days after the completion of the 
        burned area emergency response for the Wallow Fire Area; or
            (2) the date that is 45 days after the date of containment 
        of the Wallow Fire.
    (b) Report Required.--In conducting a hazard tree and commercial 
timber evaluation under subsection (a), the Secretary shall prepare a 
report that includes--
            (1) a description of--
                    (A) the forest conditions in the burned areas of 
                the Wallow Fire Area; and
                    (B) the short- and long-term risks the conditions 
                pose to forest users, communities, private property, 
                and remaining resources;
            (2) a map of areas for potential hazard tree removal, areas 
        for potential fire-damaged commercial tree removal, and areas 
        for potential elimination from harvest consideration, including 
        a delineation of the Community Protection Management Area for 
        the Wallow Fire Area;
            (3) a map of the burn intensity within the Wallow Fire 
        Area;
            (4) a preliminary determination of--
                    (A) the anticipated receipts to be derived from the 
                hazard and fire-damaged commercial timber identified 
                for removal in the Wallow Fire Area;
                    (B) the estimated costs to the Secretary associated 
                with the removal of the timber; and
                    (C) to the maximum extent practicable, receipts 
                likely to be lost if action is not taken in a timely 
                manner;
            (5) a description of 1 or more proposals for timber removal 
        projects providing for the removal of hazard trees and fire-
        damaged, dead, and dying timber resources in the Wallow Fire 
        Area; and
            (6) a description of the desired outcomes of rehabilitation 
        and tree removal in burned portions of the Wallow Fire Area.
    (c) Excluded Areas.--In identifying areas for tree removal under 
subsection (a), the Secretary shall exclude high fire-severity burned 
areas on steep slopes, slopes with an incline greater than 40 percent, 
riparian areas, and fragile erosive sites, unless tree removal in those 
areas is necessary to address public health and safety concerns.
    (d) Public Involvement.--The Secretary shall facilitate the 
meaningful involvement of State and local officials, Indian tribes, 
institutions of higher education, and other interested persons during 
the preparation of the hazard tree and commercial timber evaluation 
conducted under this section.
    (e) Deadline for Completion.--Not later than 45 days after the date 
on which the Secretary commences the hazard tree and commercial timber 
evaluation, the Secretary shall complete the hazard tree and commercial 
timber evaluation.

SEC. 5. TIMBER REMOVAL PROJECTS.

    (a) Timber Removal Project Requirements.--
            (1) In general.--The Secretary shall limit the removal of 
        trees under a timber removal project under this Act to hazard 
        trees and trees that are already down, dead, or severely root-
        sprung, such that mortality is highly probable.
            (2) Considerations.--In selecting tree removal techniques 
        for a timber removal project under this Act, the Secretary 
        shall take into account the degree of ground disturbances, soil 
        types, soil saturation, worker safety, threatened and 
        endangered species, aquatic systems, and other ecological 
        values associated with the site of the timber removal project.
            (3) Monitoring requirements.--The Secretary shall use an 
        effectiveness monitoring framework to assess the ecological and 
        economic effects of tree removal projects carried out under 
        this Act with respect to accomplishing desired outcomes 
        identified in the hazard tree and commercial timber evaluation.
            (4) Limitation.--Nothing in this Act authorizes new 
        permanent road construction for timber removal.
            (5) Congressional intent.--It is the intent of Congress 
        that all timber removal projects carried out under this Act be 
        completed by the date that is not later than 18 months after 
        the date of enactment of this Act.
    (b) Environmental Compliance.--
            (1) In general.--Except as otherwise provided in this Act, 
        the Secretary 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 timber removal 
        projects.
            (2) NEPA requirements.--
                    (A) In general.--In the case of a timber removal 
                project to be conducted in a Community Protection 
                Management Area under this Act, the Secretary shall 
                prepare an environmental assessment for the proposed 
                agency action under section 102(2) of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).
                    (B) Alternatives.--Nothing in this subsection 
                requires the Secretary to study, develop, or describe 
                any alternative to the proposed agency action in the 
                environmental assessment conducted under subparagraph 
                (A).
                    (C) Public participation.--The Secretary shall 
                provide an opportunity for public participation during 
                the preparation of the environmental assessment under 
                subparagraph (A), in accordance with existing 
                protocols.
            (3) Administrative and judicial review.--Timber removal 
        projects carried out under this Act are subject to the special 
        administrative process and judicial review process under 
        sections 105 and 106 of the Healthy Forests Restoration Act of 
        2003 (16 U.S.C. 6515, 6516).
            (4) Use of receipts.--Amounts collected by the Secretary 
        from a timber removal project carried out under this Act shall 
        be available for expenditure by the Secretary without further 
        appropriation for forest restoration treatments on the Apache-
        Sitgreaves National Forest in the State of Arizona.
                                 <all>