[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2768 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2768

To amend the Healthy Forests Restoration Act of 2003 to expand the use 
    of categorical exclusions for hazardous fuel reduction projects.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2014

 Mr. Heller (for himself, Mr. Crapo, Mr. Risch, Mr. Barrasso, and Mr. 
Hatch) introduced the following bill; which was read twice and referred 
        to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To amend the Healthy Forests Restoration Act of 2003 to expand the use 
    of categorical exclusions for hazardous fuel reduction projects.

    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 ``Emergency Fuel Reduction Act of 
2014''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to expedite wildfire prevention projects to reduce the 
        chances of wildfire on certain high-risk Federal land adjacent 
        to communities, private property, and critical infrastructure;
            (2) to improve forest and wildland health; and
            (3) to promote the recovery of threatened and endangered 
        species, or other species under consideration for listing under 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
        including sage-grouse, whose habitat is negatively impacted by 
        wildland fire.

SEC. 3. EXPEDITED REVIEW OF PROJECTS ON FEDERAL LAND.

    Section 104 of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6514) is amended--
            (1) by redesignating subsections (e) through (h) as 
        subsections (f) through (i), respectively;
            (2) in subsection (c)(1)(C)(i), by striking ``subsection 
        (f)'' and inserting ``subsection (g)''; and
            (3) by inserting after subsection (d) the following:
    ``(e) Categorical Exclusion of Certain Projects.--
            ``(1) Definition of adjacent federal land.--In this 
        subsection, the term `adjacent Federal land' means an area of 
        Federal land--
                    ``(A) that, while not located in the wildland-urban 
                interface, is located within not more than 2 miles of 
                non-Federal land; and
                    ``(B) on which the Secretary determines that 
                conditions, such as the risk of wildfire, an insect or 
                disease epidemic, or the presence of invasive species, 
                pose a risk to the adjacent non-Federal land.
            ``(2) Categorical exclusion of certain projects.--
                    ``(A) In general.--An authorized hazardous fuel 
                reduction project shall be categorically excluded from 
                the requirements of the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.) if the project--
                            ``(i) involves the removal of insect-
                        infected trees, dead or dying trees, trees 
                        presenting a threat to public safety or 
                        electrical reliability, or the removal of other 
                        hazardous fuels within 500 feet of utility or 
                        communications infrastructure, a municipal 
                        water supply system, campground, roadside, 
                        heritage site, recreation site, school, or 
                        other infrastructure;
                            ``(ii) is intended to treat 10,000 acres or 
                        less of public land or National Forest System 
                        land that--
                                    ``(I) contains threatened and 
                                endangered species habitat; or
                                    ``(II) provides conservation 
                                benefits to species that are not listed 
                                as endangered or threatened under 
                                section 4 of the Endangered Species Act 
                                of 1973 (16 U.S.C. 1533) but are a 
                                State-listed species, a special concern 
                                species, or candidates for a listing 
                                under the Endangered Species Act of 
                                1973 (16 U.S.C. 1531 et seq.);
                            ``(iii) is proposed to be conducted on 
                        adjacent Federal land or is recommended in a 
                        community wildfire protection plan if--
                                    ``(I) the Secretary determines that 
                                the project is consistent with the 
                                applicable resource management plan; 
                                and
                                    ``(II) the decision to 
                                categorically exclude the project is 
                                made in accordance with applicable 
                                extraordinary circumstances procedures 
                                established pursuant to section 1508.4 
                                of title 40, Code of Federal 
                                Regulations (or a successor 
                                regulation).
                    ``(B) Consultation.--In determining whether an area 
                contains trees or other hazardous fuels described in 
                clause (i), the Secretary shall consult with any 
                utility or other entity that manages the area.
                    ``(C) Priority for certain projects.--In providing 
                categorical exclusions under subparagraph (A), the 
                Secretary shall give priority to authorized hazardous 
                fuel reduction projects and other projects recommended 
                in a community wildfire protection plan.
                    ``(D) Exclusions.--National Forest System land or 
                public land eligible for treatment under this 
                subsection shall not include land--
                            ``(i) that is a component of the National 
                        Wilderness Preservation System;
                            ``(ii) on which the removal of vegetation 
                        is specifically prohibited by Federal law; or
                            ``(iii) that is within a National Monument 
                        as of the date of the enactment of the 
                        Emergency Fuel Reduction Act of 2014.''.
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