[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1345 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1345

   To address the forest health, public safety, and wildlife habitat 
   threat presented by the risk of wildfire, including catastrophic 
 wildfire, on National Forest System lands and public lands 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 HOUSE OF REPRESENTATIVES

                             March 21, 2013

  Mr. Gosar (for himself, Mr. Matheson, Mr. Amodei, Mrs. Lummis, Mr. 
Pearce, Mr. Walden, Mr. Schweikert, Mr. Cramer, Mr. Franks of Arizona, 
  Mrs. Kirkpatrick, Mr. McClintock, Mr. Salmon, Mr. Conaway, and Mr. 
   Stewart) introduced the following bill; which was referred to the 
  Committee on Natural Resources, and in addition to the Committee on 
Agriculture, 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 forest health, public safety, and wildlife habitat 
   threat presented by the risk of wildfire, including catastrophic 
 wildfire, on National Forest System lands and public lands 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Catastrophic 
Wildfire Prevention Act of 2013''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Purposes.
  TITLE I--REAUTHORIZING AND EXPANDING AUTHORITIES USED FOR HAZARDOUS 
   FUELS REDUCTION, FOREST HEALTH, FOREST RESTORATION, AND WATERSHED 
                              RESTORATION.

Sec. 101. Stewardship end result contracting authority.
Sec. 102. Forest Service and Bureau of Land Management good-neighbor 
                            cooperation.
Sec. 103. Clarification of Flame Wildfire Suppression Reserve Fund 
                            authority.
    TITLE II--EXPEDITED PROCESS FOR THE IMPLEMENTATION OF WILDFIRE 
             PREVENTION PROJECTS NEAR AT-RISK COMMUNITIES.

Sec. 201. Definitions.
Sec. 202. Eligible wildfire prevention projects.
Sec. 203. Environmental analysis.
Sec. 204. Administrative and judicial review.

SEC. 2. PURPOSES.

    The purposes of this Act are as follows:
            (1) Provide the Secretary of Agriculture and the Secretary 
        of the Interior the tools to reduce the potential for 
        wildfires.
            (2) Expedite wildfire prevention projects to reduce the 
        chances of wildfire on certain high-risk Federal lands.
            (3) Reduce threats to endangered species from wildfires.

  TITLE I--REAUTHORIZING AND EXPANDING AUTHORITIES USED FOR HAZARDOUS 
   FUELS REDUCTION, FOREST HEALTH, FOREST RESTORATION, AND WATERSHED 
                              RESTORATION.

SEC. 101. STEWARDSHIP END RESULT CONTRACTING AUTHORITY.

    (a) Extension of Authority.--Subsection (a) of section 347 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), as most recently amended by section 323 of 
Public Law 108-7 (117 Stat. 275), is amended by striking ``Until 
September 30, 2013'' and inserting ``Until September 30, 2023''.
    (b) Contract Duration.--Subsection (c)(2) of such section is 
amended by striking ``10 years'' and inserting ``20 years''.
    (c) Cancellation or Termination Costs.--Subsection (c) of such 
section is amended by adding at the end the following new paragraph:
            ``(6) Cancellation or termination costs.--
                    ``(A) In general.--Notwithstanding section 3903 of 
                title 41, United States Code, the Secretary of 
                Agriculture and the Secretary of the Interior are not 
                required to obligate funds to cover the cost of 
                cancelling or terminating a multiyear stewardship 
                contract or agreement until such contract or agreement 
                is cancelled or terminated.
                    ``(B) Funding sources.--The costs of cancelling or 
                terminating of a multiyear stewardship contract or 
                agreement may be paid from--
                            ``(i) appropriations originally made 
                        available for the performance of the contract 
                        or agreement;
                            ``(ii) appropriations currently available 
                        for procurement of the type of service 
                        concerned, and not otherwise obligated; or
                            ``(iii) funds appropriated for payments for 
                        that performance or procurement.
                    ``(C) Anti-deficiency act violations.--In a case in 
                which payment or obligation of funds under this 
                paragraph would constitute a violation of section 1341 
                of title 31, United States Code (commonly known as the 
                Anti-Deficiency Act), the Secretary may--
                            ``(i) seek a supplemental appropriation; or
                            ``(ii) request funds from the permanent 
                        judgment appropriation established pursuant to 
                        section 1304 of such title.''.
    (d) Payments to Counties.--Subsection (d) of such section is 
amended by adding at the end the following new paragraph:
            ``(4) Payments to counties.--25 percent of timber sale 
        receipts from a contract or agreement entered into under the 
        authority of this section and after the date of the enactment 
        of this paragraph shall be paid to the county within whose 
        boundaries the receipts are derived. Payments to a county made 
        under this paragraph shall be in addition to the amounts 
        received under chapter 69 of title 31, United States Code 
        (Payment in Lieu of Taxes; 31 U.S.C. 6901 et seq.).''.

SEC. 102. FOREST SERVICE AND BUREAU OF LAND MANAGEMENT GOOD-NEIGHBOR 
              COOPERATION.

    (a) Definitions.--In this section:
            (1) Eligible state.--The term ``eligible State'' means a 
        State that contains National Forest System land or Bureau of 
        Land Management land.
            (2) Federal land.--The term ``Federal land'' means--
                    (A) 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
                    (B) public lands (as defined in section 103 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1702)).
            (3) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, in the case of 
                National Forest System land; and
                    (B) the Secretary of the Interior, in the case of 
                public lands administered by the Secretary of Interior 
                through the Bureau of Land Management.
            (4) 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 concerned 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 Federal lands 
        administered by the Secretary concerned, 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; or
                    (C) any other activities determined by the 
                Secretary concerned to appropriate 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 concerned 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 Federal land, shall not be 
        delegated to a State Forester or any other officer or employee 
        of the eligible State.
    (c) 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 applicable authorities of the Forest 
Service and the Bureau of Land Management.
    (d) Termination of Effectiveness.--The authority of the Secretary 
concerned to enter into cooperative agreements and contracts under this 
Act terminates on September 30, 2023.
    (e) Duration of Contracts.--A cooperative agreement or contract 
entered into under this Act shall not extend beyond 20 years.

SEC. 103. CLARIFICATION OF FLAME WILDFIRE SUPPRESSION RESERVE FUND 
              AUTHORITY.

    (a) Clarification.--Section 502(c) of the Federal Land Assistance, 
Management, and Enhancement Act of 2009 (43 U.S.C. 1748a(c)) is amended 
by inserting ``and burn area responses, including flood prevention,'' 
after ``events''.

    TITLE II--EXPEDITED PROCESS FOR THE IMPLEMENTATION OF WILDFIRE 
             PREVENTION PROJECTS NEAR AT-RISK COMMUNITIES.

SEC. 201. DEFINITIONS.

    In this title:
            (1) At-risk community.--The term ``at-risk community'' has 
        the meaning given that 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 in condition class II or III, as 
                those classes were developed by the Forest Service 
                Rocky Mountain Research Station in the general 
                technical report titled ``Development of Coarse-Scale 
                Spatial Data for Wildland Fire and Fuel Management'' 
                (RMRS-87) and dated April 2000 or any subsequent 
                revision of the report; or
                    (B) Federal land where there exists a high risk of 
                losing an at-risk community, key ecosystem, water 
                supply, wildlife, or wildlife habitat to wildfire, 
                including catastrophic wildfire and post-fire 
                disturbances, as designated by the Secretary concerned.
            (3) Federal land.--
                    (A) Covered land.--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 lands (as defined in section 
                        103 of the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1702)).
                    (B) Excluded land.--The term 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 Areas 
                (WSAs).
            (4) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, in the case of 
                National Forest System land; and
                    (B) the Secretary of the Interior, in the case of 
                public lands administered by the Secretary of Interior 
                through the Bureau of Land Management.
            (5) Threatened and endangered species habitat.--The term 
        threatened and endangered species habitat means Federal land 
        where natural fire regimes are identified as being important 
        for, or unnatural wildfire is identified as a threat to, an 
        endangered species, a threatened species, or habitat of an 
        endangered species or threatened species.
            (6) Eligible wildfire prevention project.--The term 
        ``eligible wildfire prevention project'' means the measures and 
        methods developed for a project to be carried out on Federal 
        land or on threatened and endangered species habitat by the 
        Secretary concerned for hazardous fuels reduction, forest 
        health, forest restoration, watershed restoration, or 
        threatened and endangered species habitat protection using 
        ecological restoration principles consistent with the forest 
        type where such project will occur.

SEC. 202. ELIGIBLE WILDFIRE PREVENTION PROJECTS.

    (a) Implementation.--As soon as practicable after the date of the 
enactment of this Act, the Secretary concerned shall implement eligible 
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 using ecological restoration 
principles consistent with the forest type in the location where such 
project will occur.
    (b) Project Elements.--
            (1) Threatened and endangered species habitat.--Wildfire 
        prevention projects carried out on threatened and endangered 
        species habitat shall be carried out to provide enhanced 
        protection from wildfire, including unnatural wildfire, for the 
        endangered species, threatened species, or habitat of the 
        endangered species or threatened species.
            (2) At-risk forests.--In the case of an eligible wildfire 
        prevention project carried out in an at-risk forest, the 
        project shall be carried out to move Federal land in condition 
        class II or III toward condition class I, using ecological 
        restoration principles consistent with the forest type in the 
        location where such project will occur.
    (c) Authorized Practices.--
            (1) In general.--An eligible wildfire prevention project 
        may include livestock grazing and timber harvest projects 
        carried out for the purposes of hazardous fuels reduction, 
        forest health, forest restoration, watershed restoration, or 
        threatened and endangered species habitat protection or 
        improvement, if the management action is consistent with 
        achieving long-term ecological restoration of the forest type 
        in the location where such project will occur.
            (2) Grazing.--Domestic livestock grazing may be used in an 
        eligible wildfire prevention project to reduce surface fuel 
        loads and to recover burned areas. Utilization standards shall 
        not apply when domestic livestock grazing is used in an 
        eligible wildfire prevention project.
            (3) Timber harvesting and thinning.--Timber harvesting and 
        thinning, where the ecological restoration principles are 
        consistent with the forest type in the location where such 
        project will occur, may be used in an eligible wildfire 
        prevention project to reduce ladder and canopy fuel loads to 
        prevent unnatural fire.
    (d) 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 eligible wildfire prevention project, to 
revise or amend the land and resource management plan applicable to the 
National Forest System lands or the land use plan applicable to the 
public lands on which the project will be conducted.

SEC. 203. ENVIRONMENTAL ANALYSIS.

    (a) Analysis of Proposed Action and No Action Alternative.--
            (1) Environmental assessment or environmental impact 
        statement required.--For each proposed eligible wildfire 
        prevention project, the Secretary concerned shall--
                    (A) study, develop, and describe the proposed 
                action and the no action alternative; and
                    (B) prepare an environmental assessment or an 
                environmental impact statement pursuant to section 
                102(2) of the National Environmental Policy Act of 1969 
                (42 U.S.C. 4332(2)).
            (2) No requirement for alternative action study.--Except as 
        provided in subsection (b), the Secretary concerned is not 
        required to study, develop, or describe any alternative 
        actions, other than the no action alternative, to the proposed 
        agency action.
            (3) Deadlines for completion.--
                    (A) Environmental assessment deadline.--An 
                environmental assessment prepared for a proposed 
                eligible wildfire prevention project shall be completed 
                within 60 days of the commencement of preparation of 
                the assessment.
                    (B) Environmental impact statement deadline.--An 
                environmental impact statement prepared for a proposed 
                eligible wildfire prevention project shall be completed 
                within 90 days of the commencement of preparation of 
                the environmental impact statement.
                    (C) Effect of failure to meet deadline.--The 
                proposed eligible wildfire prevention project shall be 
                deemed compliant with all requirements of the National 
                Environmental Policy Act of 1969 if the Secretary 
                concerned fails to meet the specified deadline.
            (4) Environmental analysis duration.--The environmental 
        assessment of an authorized practice utilized in an eligible 
        wildfire prevention project shall be deemed sufficient for a 
        minimum of--
                    (A) 10 years in the case of a livestock grazing 
                project; or
                    (B) 20 years in the case of a timber harvest 
                project.
    (b) Categorical Exclusion.--If an eligible wildfire prevention 
project, located in a at-risk area, involves the removal of insect-
infected trees or other hazardous fuels within 500 feet of utility or 
communications infrastructure, campgrounds, roadsides, heritage sites, 
recreation sites, schools, or other infrastructure, that project 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.) if the 
project will otherwise be conducted consistent with the relevant agency 
or department's procedures and the applicable land and resource 
management plan or land use plan.
    (c) 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 eligible wildfire 
prevention project.
    (d) Interagency Cooperation.--The informal consultation 
requirements of the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.), as codified in section 402.05 of title 50, Code of Federal 
Regulations shall apply to an eligible wildfire prevention project.
    (e) Effect of Compliance.--Compliance with this section shall be 
deemed to satisfy the requirements of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4331 et seq.), section 14 of the National Forest 
Management Act of 1976 (16 U.S.C. 472a), the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.), and the Multiple-Use Sustained-Yield Act 
of 1960 (16 U.S.C. 528 et seq.).
    (f) Effect of a Wildfire Emergency.--
            (1) Council on environmental quality.--The Secretary 
        concerned, pursuant to section 1506.11 of title 40, Code of 
        Federal Regulations, shall request the Council on Environmental 
        Quality to develop and approve alternative arrangements for the 
        proposed wildfire prevention project if--
                    (A) the county in which the proposed eligible 
                wildfire prevention project is to be carried out 
                declares a state of emergency because of wildfire or 
                the threat of wildfire in consultation with the State 
                Forester or equivalent State official of the State 
                containing the county; and
                    (B) a categorical exclusion is unavailable for a 
                proposed eligible wildfire prevention project.
            (2) Mandatory information.--When requesting alternative 
        arrangements under paragraph (1), the Secretary concerned shall 
        transmit to the Council on Environmental Quality the following 
        information:
                    (A) A description of the proposed eligible project.
                    (B) The condition of forest fuels within or near 
                the proposed eligible wildfire prevention project.
                    (C) The threat to public safety, welfare, 
                infrastructure, watersheds, wildlife habitat, or other 
                vital assets due to the accumulation of forest fuels 
                and the associated risk of extreme fire that the 
                proposed eligible project is to relieve.
                    (D) The degree to which delaying the implementation 
                of the proposed eligible project will increase the risk 
                of serious harm to public safety, welfare, 
                infrastructure, watersheds, wildlife habitat, or other 
                vital assets due to the accumulation of forest fuels 
                and the associated risk of extreme fire.
                    (E) Any other information the Secretary concerned 
                determines relevant.
            (3) Deadline for alternative arrangements.--
                    (A) Deadline.--Not later than 15 days after receipt 
                of a request under paragraph (1) for approval of 
                alternative arrangements for a proposed eligible 
                wildfire prevention project, the Council on 
                Environmental Quality shall submit to the Secretary 
                concerned the alternative arrangements under which the 
                Secretary may proceed immediately and to completion of 
                the proposed wildfire prevention project.
                    (B) Failure to comply.--If the Council on 
                Environmental Quality fails to comply with the deadline 
                in subparagraph (A), the Secretary concerned shall 
                proceed immediately and to completion of the proposed 
                eligible wildfire prevention project notwithstanding 
                any other provision of law, including the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) and the National Forest Management Act (16 U.S.C. 
                1601 et seq.).
            (4) Administrative and judicial review.--Actions under this 
        subsection shall not be subject to--
                    (A) the notice, comment, and appeal requirements of 
                section 322 of Public Law 102-381 (the Appeals Reform 
                Act; 16 U.S.C. 1612 note); and
                    (B) judicial review by any court of the United 
                States.

SEC. 204. ADMINISTRATIVE AND JUDICIAL REVIEW.

    (a) Administrative Review.--Administrative review of an eligible 
wildfire prevention project shall occur in accordance with the special 
administrative review process established under section 105 of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515).
    (b) Judicial Review.--Judicial review of an eligible wildfire 
prevention project shall occur in accordance with section 106 of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6516).
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