[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2277 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2277

 To respond to the extreme fire hazard and unsafe conditions resulting 
  from pine beetle infestation, drought, disease, or storm damage by 
     declaring a state of emergency and directing the Secretary of 
Agriculture to immediately implement hazardous fuels reduction projects 
 in the manner provided in title I of the Healthy Forests Restoration 
                  Act of 2003, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2012

   Mr. Thune introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To respond to the extreme fire hazard and unsafe conditions resulting 
  from pine beetle infestation, drought, disease, or storm damage by 
     declaring a state of emergency and directing the Secretary of 
Agriculture to immediately implement hazardous fuels reduction projects 
 in the manner provided in title I of the Healthy Forests Restoration 
                  Act of 2003, 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 ``National Forest Emergency Response 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) forest health and human safety in certain national 
        forests have deteriorated dangerously due to pine beetle 
        infestation, disease, storm damage, and drought; and
            (2) the resulting fire hazard in those national forests 
        endangers adjacent communities, ranches, State parks, and 
        several units of the National Park System and poses a 
        significant threat to the economic stability of surrounding 
        areas and the health, safety, and well-being of residents and 
        visitors to those areas.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Designated national forest.--The term ``designated 
        national forest'' means a national forest designated by the 
        Secretary under section 4(b).
            (2) Emergency circumstances.--The term ``emergency 
        circumstances'' has the meaning given the term in section 
        1506.11 of title 40, Code of Federal Regulations (or a 
        successor regulation).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 4. DECLARATION OF EMERGENCY AND SELECTION OF PILOT PROJECT 
              NATIONAL FORESTS.

    (a) In General.--In recognition of deteriorating forest health 
conditions, extreme fire hazard, and the significant number of dead and 
dying trees in certain national forests due to pine beetle infestation, 
drought, disease, or storm damage, and the resulting imminent risk of 
devastating wildfire that poses a significant threat to the economic 
stability of surrounding areas and the health, safety, and well-being 
of residents, firefighters, and visitors to the areas, Congress 
declares that the fire hazard and human endangerment in those national 
forests designated by the Secretary under subsection (b) constitute 
emergency circumstances.
    (b) Designations.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall designate not less 
        than 1 national forest in each applicable State that is 
        experiencing conditions that constitute emergency circumstances 
        due to pine beetle infestation, drought, disease, or storm 
        damage and the resulting imminent risk of devastating wildfire 
        that poses significant threat to the economic stability of 
        surrounding areas and the health, safety, and well-being of 
        residents, firefighters, and visitors to the areas.
            (2) Limitation.--A designation under paragraph (1) shall be 
        for a period not to exceed 10 years.

SEC. 5. APPLICATION OF EXPEDITED PROCEDURES AND ACTIVITIES OF THE 
              HEALTHY FORESTS RESTORATION ACT OF 2003 TO DESIGNATED 
              FOREST SERVICE PILOT 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 Forest Service projects and activities implementing the land and 
resource management plan developed for the designated national forests 
during the term of the emergency circumstance declared under section 4.
    (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 projects 
conducted in accordance with this section.
    (c) Required Modifications.--In applying title I of the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) to Forest 
Service projects and activities in designated national forests, the 
Secretary shall make the following modifications:
            (1) The authority shall apply to the entire designated 
        national forest, 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 Forest Service, 
        including necessary connected actions (as described in section 
        1508.25(a)(1) of title 40, Code of Federal Regulations (or a 
        successor regulation)), shall be considered to be authorized 
        hazardous fuel reduction projects for purposes of applying the 
        title.
            (3) In the case of a project intended to address the 
        existence of an infestation of disease or insects, or the 
        presence of such an infestation on immediately adjacent land, 
        the Secretary may proceed with the project if there is any risk 
        the infestation will spread, not just in the event of an 
        imminent risk of the spread of the infestation.
            (4) Forest Service projects and activities in the 
        designated national forest conducted under title I of that Act 
        shall not be counted toward the limitation in section 102(c) of 
        that Act (16 U.S.C. 6512(c)) on the total quantity of acreage 
        that may be treated under that title.
    (d) Smaller Projects.--
            (1) In general.--Except as provided in paragraph (2), a 
        project conducted in a designated national forest in accordance 
        with this section that comprises less than 10,000 acres shall 
        be considered an action categorically excluded from the 
        requirements for an environmental assessment or an 
        environmental impact statement under section 1508.4 of title 
        40, Code of Federal Regulations (or a successor regulation).
            (2) Exclusion of certain areas.--Paragraph (1) does not 
        apply to--
                    (A) a component of the National Wilderness 
                Preservation System;
                    (B) any Federal land on which, by Act of Congress 
                or Presidential proclamation, the removal of vegetation 
                is restricted or prohibited;
                    (C) a congressionally designated wilderness study 
                area; or
                    (D) an area in which activities under paragraph (1) 
                would be inconsistent with the applicable land and 
                resource management plan.
    (e) Prohibition on Restraining Orders, Preliminary Injunctions, and 
Other Relief Pending Judicial Review.--
            (1) In general.--No restraining order, preliminary 
        injunction, or injunction pending appeal shall be issued by any 
        court of the United States with respect to any decision to 
        engage in any remedial action or to prepare, advertise, offer, 
        award, or operate a timber sale under this section in a 
        designated national forest.
            (2) Applicability of other law.--Section 705 of title 5, 
        United States Code, shall not apply to any challenge to a sale 
        described in paragraph (1).

SEC. 6. GOOD NEIGHBOR AUTHORITY.

    (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.
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