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

                                                       Calendar No. 287
112th CONGRESS
  2d Session
                                S. 1344

                          [Report No. 112-126]

  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

                            January 13, 2012

  Reported under authority of the order of the Senate of December 17, 
                2011, by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. PURPOSE.</DELETED>

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

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) to minimize threats to life or 
                property; or</DELETED>
                <DELETED>    (B) to stabilize and prevent unacceptable 
                degradation to natural and cultural resources resulting 
                from the effects of the catastrophic event.</DELETED>
        <DELETED>    (2) Community protection management area.--The 
        term ``Community Protection Management Area'' means--</DELETED>
                <DELETED>    (A) the wildland-urban interface in a 
                community wildfire protection plan;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) the fuels adjacent to areas described 
                in subparagraph (B).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (7) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (9) Wallow fire.--The term ``Wallow Fire'' means 
        the fire that originated in the Bear Wallow Wilderness on May 
        29, 2011.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. HAZARD TREE AND COMMERCIAL TIMBER 
              EVALUATION.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) the date that is 30 days after the completion 
        of the burned area emergency response for the Wallow Fire Area; 
        or</DELETED>
        <DELETED>    (2) the date that is 45 days after the date of 
        containment of the Wallow Fire.</DELETED>
<DELETED>    (b) Report Required.--In conducting a hazard tree and 
commercial timber evaluation under subsection (a), the Secretary shall 
prepare a report that includes--</DELETED>
        <DELETED>    (1) a description of--</DELETED>
                <DELETED>    (A) the forest conditions in the burned 
                areas of the Wallow Fire Area; and</DELETED>
                <DELETED>    (B) the short- and long-term risks the 
                conditions pose to forest users, communities, private 
                property, and remaining resources;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) a map of the burn intensity within the Wallow 
        Fire Area;</DELETED>
        <DELETED>    (4) a preliminary determination of--</DELETED>
                <DELETED>    (A) the anticipated receipts to be derived 
                from the hazard and fire-damaged commercial timber 
                identified for removal in the Wallow Fire 
                Area;</DELETED>
                <DELETED>    (B) the estimated costs to the Secretary 
                associated with the removal of the timber; 
                and</DELETED>
                <DELETED>    (C) to the maximum extent practicable, 
                receipts likely to be lost if action is not taken in a 
                timely manner;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (6) a description of the desired outcomes of 
        rehabilitation and tree removal in burned portions of the 
        Wallow Fire Area.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. TIMBER REMOVAL PROJECTS.</DELETED>

<DELETED>    (a) Timber Removal Project Requirements.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Limitation.--Nothing in this Act authorizes 
        new permanent road construction for timber removal.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Environmental Compliance.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) NEPA requirements.--</DELETED>
                <DELETED>    (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)).</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Community protection management area.--The term 
        ``community protection management area'' means--
                    (A) the wildland-urban interface in a community 
                wildfire protection plan; and
                    (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.
            (2) 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).
            (3) Evaluation.--The term ``evaluation'' means the 
        evaluation required by section 3(a).
            (4)  Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (5) Wallow fire area.--The term ``Wallow Fire Area'' means 
        the land within the perimeter of the Wallow Fire, as depicted 
        on the map entitled ``Wallow Fire AZ-ASF-110152 Progression 
        Map'' and dated June 28, 2011.

SEC. 3. HAZARD TREE AND COMMERCIAL TIMBER EVALUATION.

    (a) In General.--The Secretary shall conduct an evaluation of the 
Wallow Fire Area in accordance with this section.
    (b) Timeline.--To ensure the timely completion of the evaluation, 
the Secretary shall--
            (1) not later than 30 days after the date of enactment of 
        this Act, commence the evaluation; and
            (2) not later than 75 days after the date of enactment of 
        this Act, complete the evaluation.
    (c) Contents.--The evaluation shall include--
            (1) a map of the burn intensity within the Wallow Fire 
        Area;
            (2) a description of--
                    (A) the forest conditions in the burned areas of 
                the Wallow Fire Area;
                    (B) the short- and long-term risks that the 
                conditions in the Wallow Fire Area may pose to forest 
                users, communities, private property, and natural 
                resources; and
                    (C) the actions undertaken by the Forest Service to 
                reduce the risks described in subparagraph (B);
            (3) a map and description of areas for potential hazard 
        tree removal and areas for potential fire-damaged commercial 
        tree removal in the Wallow Fire Area, including a delineation 
        of the community protection management area within the Wallow 
        Fire Area;
            (4) a preliminary estimate of--
                    (A) the costs and receipts to be derived from the 
                hazard tree and fire-damaged commercial timber 
                identified for potential removal in the Wallow Fire 
                Area; and
                    (B) to the maximum extent practicable, the receipts 
                likely to be lost if action is not taken in a timely 
                manner; and
            (5) a description of the desired outcomes of rehabilitation 
        and tree removal in burned portions of the Wallow Fire Area.
    (d) Excluded Areas.--In identifying areas for potential tree 
removal under subsection (c)(3), 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 concerns relating to 
public health or safety.

SEC. 4. TIMBER REMOVAL PROJECTS.

    (a) Identification.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall identify 1 or more projects 
to reduce the risks described in section 3(c)(2)(B) by removing hazard 
trees and fire-damaged, dead, and dying timber resources in the Wallow 
Fire Area.
    (b) Congressional Intent.--It is the intent of Congress that all 
projects identified under subsection (a) be completed by September 30, 
2013.
    (c) Considerations.--
            (1) Evaluation.--In identifying projects under subsection 
        (a), the Secretary shall consider the results of the 
        evaluation.
            (2) Tree removal techniques.--In selecting tree removal 
        techniques for a project identified under subsection (a), the 
        Secretary shall take into account the degree of ground 
        disturbances, soil types, soil saturation, worker safety, 
        threatened or endangered species, aquatic systems, and other 
        ecological values associated with the site of the project.
    (d) Monitoring.--The Secretary shall use an effectiveness 
monitoring framework to assess the ecological and economic effects of 
each project that is identified and carried out under this section with 
respect to accomplishing the desired outcomes identified in the 
evaluation.
    (e) Limitations.--In carrying out a project identified under 
subsection (a), the Secretary--
            (1) shall focus the removal of trees under the project to 
        hazard trees and trees that are already down, dead, or so 
        severely root-sprung that mortality is highly probable; and
            (2) shall not construct any permanent road
    (f) Administrative Review.--
            (1) In general.--In lieu of an administrative appeal under 
        section 322 of the Department of the Interior and Related 
        Agencies Appropriations Act, 1993 (16 U.S.C. 1612 note; Public 
        Law 102-381), the Secretary may subject to administrative 
        review under part 218 of title 36, Code of Federal Regulations 
        (or successor regulations), any collaboratively-developed 
        project to remove hazard trees and fire-damaged, dead, and 
        dying timber resources in the Wallow Fire Area--
                    (A) that is identified under subsection (a); and
                    (B) for which a decision notice or record of 
                decision has been issued by September 30, 2012.
            (2) Authorized projects.--A project identified under 
        subsection (a) shall be considered an authorized hazardous fuel 
        reduction project for purposes of part 218 of title 36, Code of 
        Federal Regulations (or successor regulations).
                                                       Calendar No. 287

112th CONGRESS

  2d Session

                                S. 1344

                          [Report No. 112-126]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            January 13, 2012

                       Reported with an amendment