[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4835 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4835

   To provide for the removal of small-diameter trees in fire hazard 
                     areas, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2022

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

_______________________________________________________________________

                                 A BILL


 
   To provide for the removal of small-diameter trees in fire hazard 
                     areas, 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 ``Small-diameter Timber and 
Underutilized Material Act of 2022''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means land 
        under the jurisdiction of--
                    (A) the Bureau of Land Management;
                    (B) the Bureau of Reclamation;
                    (C) the National Park Service;
                    (D) the United States Fish and Wildlife Service; or
                    (E) the Forest Service.
            (2) Fire hazard area.--The term ``fire hazard area'' means 
        an area that--
                    (A) has been identified by the Secretary concerned 
                as having a very high wildfire hazard potential;
                    (B) is located on Federal land; and
                    (C) is located west of the 100th meridian.
            (3) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, acting through 
                the Chief of the Forest Service, with respect to 
                Federal land administered by that Secretary; and
                    (B) the Secretary of the Interior, with respect to 
                Federal land administered by that Secretary.
            (4) Small-diameter tree.--The term ``small-diameter tree'' 
        means a tree, or portion thereof, that has a diameter at breast 
        height of not greater than 8 inches.

SEC. 3. PRICES.

    (a) In General.--Except as provided in subsection (b), 
notwithstanding any other provision of law--
            (1) the Secretary concerned may not--
                    (A) charge a fee to authorize a person to remove a 
                small-diameter tree in a fire hazard area, including a 
                fee for a special use permit; or
                    (B) recover any processing or monitoring cost of 
                authorizing a person to remove a small-diameter tree in 
                a fire hazard area; and
            (2) if the Secretary concerned authorizes a person to 
        remove a small-diameter tree, including through a timber sale, 
        in a fire hazard area, the Secretary concerned shall not 
        require the person to pay any amount for the small-diameter 
        tree.
    (b) Fees.--The Secretary concerned may charge a fee for removal of 
a small-diameter tree of a particular species of tree in a fire hazard 
area if the Secretary concerned--
            (1) determines that the fee is appropriate; and
            (2) discloses that determination to the public.
    (c) No Volume Determinations; Appraisals.--As part of a small-
diameter tree removal described in subsection (a), the Secretary 
concerned may not--
            (1) require a volume determination, including by scaling, 
        measuring, weighing, or counting small-diameter trees before or 
        after cutting or removal; or
            (2) conduct a timber appraisal to determine the fair-market 
        value of the small-diameter trees being removed.
    (d) Applicability.--This section shall only apply to contracts 
authorizing a person to remove a small-diameter tree as described in 
subsection (a) entered into on or after the date of enactment of this 
Act.

SEC. 4. FREE-USE AREA DESIGNATION.

    The Secretary of Agriculture, acting through the Chief of the 
Forest Service, shall designate as a free-use area under section 223.6 
of title 36, Code of Federal Regulations (or a successor regulation), 
any fire hazard area in the National Forest System that contains a 
small-diameter tree.

SEC. 5. TREE DESIGNATION.

    The Secretary concerned shall seek to designate for removal small-
diameter trees in a fire hazard area--
            (1) to the maximum extent practicable, through means that 
        do not include physically marking a small-diameter tree for 
        removal; and
            (2) by providing a written description of--
                    (A) the small-diameter trees to be removed and to 
                be retained from a project area; or
                    (B) the desired post-harvest stand characteristics 
                within the project area from which the small-diameter 
                tree would be removed.
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