[Congressional Record Volume 169, Number 58 (Thursday, March 30, 2023)]
[Senate]
[Page S1109]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 66. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 870, to amend the Federal Fire Prevention and Control 
Act of 1974 to authorize appropriations for the United States Fire 
Administration and firefighter assistance grant programs; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ___. BUREAU OF LAND MANAGEMENT AND FOREST SERVICE RULE.

       (a) Definitions.--In this section:
       (1) Analysis.--The term ``analysis'' means any analysis 
     with respect to a proposed action covered by the rule issued 
     under subsection (b) that the Director of the Bureau of Land 
     Management or the Chief of the Forest Service, as applicable, 
     determines to be necessary for the consideration of the 
     proposed action under Federal law, including the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
       (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))); and
       (B) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702)).
       (3) Firebreak.--The term ``firebreak'' means a permanent or 
     temporary strip of ground cleared of vegetation, thinned of 
     vegetation, or planted with fire-resistant vegetation 
     intended to stop the spread of fire.
       (b) Issuance of Rule.--Subject to subsection (d), not later 
     than 1 year after the date of enactment of this Act, the 
     Director of the Bureau of Land Management and the Chief of 
     the Forest Service, acting jointly, shall issue a rule 
     identifying actions described in subsection (c) that, except 
     in extraordinary circumstances, as described in the rule, are 
     categorically excluded from requirements for environmental 
     assessments or environmental impact statements under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       (c) Description of Action.--An action referred to in 
     subsection (b) is an action that may be routinely undertaken 
     on Federal land without fear of significant environmental 
     impact to protect personal property on or adjacent to the 
     Federal land from wildfire, including creating firebreaks 
     capable of ensuring the protection of property.
       (d) Requirements.--A rule issued under subsection (b) shall 
     provide that--
       (1) any person possessing applicable property may provide 
     to the head of the applicable Federal agency undertaking the 
     analysis all, or a portion of, the amounts necessary to 
     complete the analysis;
       (2) any person possessing applicable property, or an agent 
     of that person--
       (A) may prepare an analysis of a proposed action covered by 
     the rule; and
       (B) if approved by the Federal agency in accordance with 
     paragraph (3), may carry out the proposed action;
       (3) the head of an applicable Federal agency shall review 
     the analysis prepared by a person possessing applicable 
     property under paragraph (2)(A) to determine whether the 
     proposed action is eligible for a categorical exclusion under 
     the rule, and if the head of the Federal agency finds in the 
     affirmative, shall approve the analysis; and
       (4) any person carrying out an action covered by the rule 
     on Federal land shall be liable for impacts to resources 
     resulting from--
       (A) activities not described in the applicable analysis; or
       (B) any negligent activity of the person.
                                 ______