[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3409 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3409

   To address the forest health, public safety, and wildlife habitat 
   threat presented by the risk of wildfire, including catastrophic 
wildfire, on National Forest System land and public land 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 SENATE OF THE UNITED STATES

                             July 19, 2012

    Mr. Lee introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 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 land and public land 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; 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; 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--
            (1) to expedite wildfire prevention projects to reduce the 
        chances of wildfire (including catastrophic wildfire) on 
        certain Federal land;
            (2) to reduce threats to endangered species from wildfires; 
        and
            (3) to provide to the Secretary of Agriculture and the 
        Secretary of the Interior tools 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 the 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 on which there is 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 entitled ``Development of Coarse-Scale 
                Spatial Data for Wildland Fire and Fuel Management'' 
                (RMRS-87) and dated April 2000 (including any 
                subsequent revision to the report).
            (3) Authorized wildfire prevention project.--
                    (A) In general.--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.
                    (B) Inclusions.--The term ``authorized wildfire 
                prevention project'' includes livestock grazing and 
                timber harvest projects carried out for 1 or more of 
                the purposes described in subparagraph (A).
            (4) Federal land.--
                    (A) In general.--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 land.
                    (B) Exclusion.--The term ``Federal land'' 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) Public land.--The term ``public land'' has the meaning 
        given the term ``public lands'' in section 103 of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1702).
            (6) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                land of the National Forest System described in 
                paragraph (4)(A)(i); and
                    (B) the Secretary of the Interior, with respect to 
                public land.
            (7) Threatened and endangered species habitat.--The term 
        ``threatened and endangered species habitat'' means Federal 
        land on 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 
                that--
                            (i) determines a species to be an 
                        endangered species or a threatened species; or
                            (ii) designates 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 
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 so as to move Federal land in 
        condition class II or III toward condition class I, as those 
        classes were developed by the Forest Service Rocky Mountain 
        Research Station in the general technical report entitled 
        ``Development of Coarse-Scale Spatial Data for Wildland Fire 
        and Fuel Management'' (RMRS-87) and dated April 2000 (including 
        any subsequent revision to the report).
    (c) Grazing.--
            (1) In general.--Domestic livestock grazing may be used in 
        an authorized wildfire prevention project--
                    (A) to reduce surface fuel loads; and
                    (B) to recover burned areas.
            (2) Utilization standards.--Utilization standards shall not 
        apply in cases in which 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--
            (1) the land and resource management plan applicable to the 
        National Forest System land on which authorized wildfire 
        prevention project is to be conducted; or
            (2) the land use plan applicable to the public land on 
        which the authorized wildfire prevention project is to be 
        conducted.
    (f) Consideration of Public Petitions.--Not later than 60 days 
after the date on which the Secretary receives a public petition for 
the designation of Federal land as an at-risk forest or as a threatened 
and endangered species habitat, the Secretary concerned shall--
            (1) review the petition; and
            (2) make a determination regarding the designation.

SEC. 5. PUBLIC REVIEW AND ENVIRONMENTAL ANALYSIS.

    (a) Public Notice and Comment.--
            (1) Initial notice.--The Secretary concerned shall publish 
        in the Federal Register notice of a proposed authorized 
        wildfire prevention project.
            (2) Written comments.--Not later than 30 days after the 
        date of publication of the notice under paragraph (1), any 
        person may submit to the Secretary specific written comments 
        that relate to the proposed authorized wildfire prevention 
        project.
            (3) Final designated project.--
                    (A) In general.--Not later than 60 days after the 
                date on which the notice is published under paragraph 
                (1), after taking into account any comments received 
                under paragraph (2), the Secretary concerned shall--
                            (i) designate the final authorized wildfire 
                        prevention project; and
                            (ii) publish in the Federal Register notice 
                        of the final authorized wildfire prevention 
                        project.
                    (B) Written comments.--Not later than 30 days after 
                the date on which the notice is published under 
                subparagraph (A)(ii), any person who submitted comments 
                regarding the proposed authorized wildfire prevention 
                project under paragraph (2) may submit to the Secretary 
                specific written comments that relate to the final 
                designated authorized wildfire prevention project.
    (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 in section 402.05 of title 50, Code of Federal Regulations 
(or a successor regulation), 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 
        not later than 30 days after the date on which the notice is 
        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 considered to be compliant 
        with all requirements of the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) if the Secretary concerned 
        fails to meet the deadline specified in paragraph (1).
            (3) Project lengths.--
                    (A) Livestock grazing projects.--In the case of a 
                livestock grazing project, an environmental assessment 
                conducted under paragraph (1) shall be considered to be 
                sufficient for a minimum of 10 years.
                    (B) Timber harvest projects.--In the case of a 
                timber harvest project, an environmental assessment 
                conducted under paragraph (1) shall be considered to be 
                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 
considered to satisfy the requirements of--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) section 14 of the National Forest Management Act of 
        1976 (16 U.S.C. 472a);
            (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.); and
            (4) the Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 
        528 et seq.).

SEC. 6. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Administrative Review.--The special administrative review 
process established under section 105 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6515) shall apply to any 
administrative review of an authorized wildfire prevention project.
    (b) Judicial Review.--Any judicial proceeding relating to an 
authorized wildfire prevention project shall be conducted 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.

    (a) In General.--Before a species may be listed as an endangered 
species or a threatened species under section 4(c) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(c)), the Secretary concerned shall 
conduct research to determine the impact that the listing would have on 
forest fuel loads, including forage and timber.
    (b) Wildfire Risk Assessment Analysis.--Recovery plans for 
threatened species and endangered species under section 4(f) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) and critical habitat 
determinations under the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.) shall include wildfire risk assessment analysis.
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