Healthy Forest Management and Wildfire Prevention Act

Summary: Healthy Forest Management and Wildfire Prevention Act   Declares that the bark beetle epidemic, drought, and deteriorating forest health conditions on National Forest System land and public lands, with the resulting imminent risk of devastating wildfires, is an imminent threat within the meaning of roadless area management regulations applicable to a state.  Allows a state governor or the Department of Agriculture, with respect the National Forest System, or the Department of the Interior, with respect to public lands, to designate high-risk areas of the national forests and public lands in the state for purposes of addressing: (1) deteriorating forest health conditions due to the bark beetle epidemic or drought, with the resulting imminent risk of devastating wildfires; and (2) the future risk of insect infestations or disease outbreaks through preventative treatments to improve forest health conditions. Excludes wilderness areas and national monuments from designation as high-risk areas. Establishes a 20-year period for such high-risk area designation.  Allows a governor or the department concerned, upon designation of a high-risk area, to provide for the development of proposed emergency hazardous fuels reduction projects for the area. Applies the administrative and judicial review processes of the Healthy Forests Restoration Act of 2003, with modifications, to such projects. Amends the Healthy Forest Restoration Act of 2003 to extend the duration of contracts to perform services to achieve land management goals for national forests and public lands that meet local and rural community needs. 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Congressional declaration of bark beetle epidemic, drought, 
                            deteriorating forest health conditions, and 
                            high risk of wildfires in States as 
                            imminent threat.
Sec. 4. State designation of high-risk areas of National Forest System 
                            and public lands.
Sec. 5. Designation of high-risk areas by the Secretary concerned.
Sec. 6. Use of emergency hazardous fuels reduction projects for high-
                            risk areas.
Sec. 7. Applicability of expedited procedures and authorities of 
                            Healthy Forests Restoration Act of 2003 to 
                            emergency hazardous fuels reduction 
                            projects.
Sec. 8. Authorized duration of stewardship end result contracting 
                            project contracts.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Emergency hazardous fuels reduction project.--The term 
        ``emergency hazardous fuels reduction project'' means a project 
        or activity carried out in a high-risk area to address the bark 
        beetle epidemic, drought, or deteriorating forest health 
        conditions and the resulting imminent risk of devastating 
        wildfires.
            (2) High-risk area.--The term ``high-risk area'' means an 
        area of National Forest System land or public lands identified 
        under section 4 as an area suffering from the bark beetle 
        epidemic, drought, or deteriorating forest health conditions, 
        with the resulting imminent risk of devastating wildfires, or 
        otherwise at high risk for bark beetle infestation, drought, or 
        wildfire.
            (3) National forest system.--The term ``National Forest 
        System'' has the meaning given that term in section 11(a) of 
        the Forest and Rangeland Renewable Resources Planning Act of 
        1974 (16 U.S.C. 1609(a)).
            (4) Public lands.--The term ``public lands'' has the 
        meaning given that term in section 103(e) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
            (5) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                the National Forest System; and
                    (B) the Secretary of the Interior, with respect to 
                public lands.
            (6) The term ``State'' means any of the several States 
        containing National Forest System land or public lands. The 
        term includes the Commonwealth of Puerto Rico.

SEC. 3. CONGRESSIONAL DECLARATION OF BARK BEETLE EPIDEMIC, DROUGHT, 
              DETERIORATING FOREST HEALTH CONDITIONS, AND HIGH RISK OF 
              WILDFIRES IN STATES AS IMMINENT THREAT.

    Congress hereby declares that the bark beetle epidemic, drought, 
and deteriorating forest health conditions on National Forest System 
land and public lands in the States, with the resulting imminent risk 
of devastating wildfires that pose a significant threat to the economic 
stability of communities in the affected areas and the health, safety, 
and well-being of residents, firefighters, and visitors to the areas, 
is an ``imminent threat'' within the meaning of section 294.12(b)(1) of 
title 36, Code of Federal Regulations (2002 Edition) and any existing 
or pending roadless area management rule applicable to a State.

SEC. 4. STATE DESIGNATION OF HIGH-RISK AREAS OF NATIONAL FOREST SYSTEM 
              AND PUBLIC LANDS.

    (a) Designation Authority.--The Governor of a State may designate 
high-risk areas of the National Forest System and public lands in the 
State for the purposes of addressing--
            (1) deteriorating forest health conditions in existence as 
        of the date of the enactment of this Act due to the bark beetle 
        epidemic or drought, with the resulting imminent risk of 
        devastating wildfires; and
            (2) the future risk of insect infestations or disease 
        outbreaks through preventative treatments to improve forest 
        health conditions.
    (b) Consultation.--In designating high-risk areas, the Governor of 
a State shall consult with county government from affected counties and 
with affected Indian tribes.
    (c) Exclusion of Certain Areas.--The following National Forest 
System land or public lands may not be designated as a high-risk area:
            (1) A component of the National Wilderness Preservation 
        System.
            (2) A National Monument.
    (d) Standards for Designation.--Designation of high-risk areas 
shall be consistent with standards and guidelines contained in the land 
and resource management plan or land use plan for the unit of the 
National Forest System or public lands for which the designation is 
being made, except that the Secretary concerned may modify such 
standards and guidelines to correspond with a specific high-risk area 
designation.
    (e) Time for Initial Designations.--The first high-risk areas 
should be designated not later than 60 days after the date of the 
enactment of this Act but may be designated at any time consistent with 
subsection (a).
    (f) Duration of Designation.--The designation of a high-risk area 
in a State shall expire 20 years after the date of the designation, 
unless earlier terminated by the Governor of the State.
    (g) Redesignation.--The expiration of the 20-year period specified 
in subsection (f) does not prohibit the Governor from redesignating an 
area of the National Forest System land or public lands as a high-risk 
area under this section if the Governor determines that the area of 
National Forest System land or public lands continues to be subject to 
the terms of this section.
    (h) Recognition of Valid and Existing Rights.--The designation of a 
high-risk area shall not be construed to limit or restrict--
            (1) access to National Forest System land or public lands 
        included in the area for hunting, fishing, and other related 
        purposes; or
            (2) valid and existing rights regarding the National Forest 
        System land or public lands.

SEC. 5. DESIGNATION OF HIGH-RISK AREAS BY THE SECRETARY CONCERNED.

    (a) Designation Authority.--The Secretary concerned may designate 
high-risk areas of the National Forest System and the public lands for 
the purposes of addressing--
            (1) deteriorating forest health conditions in existence as 
        of the date of the enactment of this Act due to the bark beetle 
        epidemic or drought, with the resulting imminent risk of 
        devastating wildfires; and
            (2) the future risk of insect infestations or disease 
        outbreaks through preventative treatments to improve forest 
        health conditions.
    (b) Consultation.--In designating high-risk areas, the Secretary 
concerned shall consult with Governors of affected States, county 
government from affected counties, and with affected Indian tribes.
    (c) Exclusion of Certain Areas.--The following National Forest 
System land or public lands may not be designated as a high-risk area:
            (1) A component of the National Wilderness Preservation 
        System.
            (2) A National Monument.
    (d) Standards for Designation.--Designation of high risk areas 
shall be consistent with standards and guidelines contained in the land 
and resource management plan or land use plan for the unit of the 
National Forest System or public lands for which the designation is 
being made, except that the Secretary concerned may modify such 
standards and guidelines to correspond with a specific high-risk area 
designation.
    (e) Time for Initial Designations.--The first high-risk areas 
should be designated not later than 60 days after the date of the 
enactment of this Act but may be designated at any time consistent with 
subsection (a).
    (f) Duration of Designation.--The designation of a high-risk area 
in a State shall expire 20 years after the date of the designation, 
unless earlier terminated by the Secretary concerned.
    (g) Redesignation.--The expiration of the 20-year period specified 
in subsection (f) does not prohibit the Secretary concerned from 
redesignating an area of the National Forest System or public lands as 
a high-risk area if the Secretary determines that the National Forest 
System land or public lands continues to be subject to the terms of 
this section, except that such redesignation is subject to consultation 
with Governors from affected States, county government from affected 
counties, and affected Indian tribes.
    (h) Recognition of Valid and Existing Rights.--The designation of a 
high-risk area shall not be construed to limit or restrict--
            (1) access to National Forest System land or public lands 
        included in the area for hunting, fishing, and other related 
        purposes; or
            (2) valid and existing rights regarding the National Forest 
        System land or public lands.

SEC. 6. USE OF EMERGENCY HAZARDOUS FUELS REDUCTION PROJECTS FOR HIGH-
              RISK AREAS.

    (a) Project Proposals.--
            (1) Proposals authorized.--Upon designation of a high-risk 
        area in a State, the Governor of the State may provide for the 
        development of proposed emergency hazardous fuels reduction 
        projects for the high-risk area. The Secretary concerned also 
        may develop emergency hazardous fuels reduction projects.
            (2) Project criteria.--In preparing proposed emergency 
        hazardous fuels reduction projects, the Governor of a State and 
        the Secretary concerned shall--
                    (A) take into account managing for rights of way, 
                protection of watersheds, protection of wildlife and 
                endangered species habitat, safe-guarding water 
                resources, and protecting local communities from 
                wildfires; and
                    (B) emphasize activities that thin the forest to 
                provide the greatest health and longevity of the 
                forest.
    (b) Consultation.--In preparing proposed emergency hazardous fuels 
reduction projects, the Governor of a State shall consult with county 
government from affected counties, and with affected Indian tribes. If 
the Secretary concerned develops a proposal, the Secretary concerned 
shall consult with the Governor of the affected State, county 
government from affected counties, and affected Indian tribes.
    (c) Submission and Implementation.--The Governor of a State shall 
submit proposed emergency hazardous fuels reduction projects to the 
Secretary concerned for implementation.
    (d) Implementation of Projects.--
            (1) State proposed projects.--The Secretary concerned shall 
        implement hazardous fuels reduction projects proposed by 
        Governors within 60 days of the date on which the Secretary 
        receives the proposal.
            (2) Secretary proposed projects.--The Secretary concerned 
        shall implement hazardous fuels reduction projects proposed by 
        the Secretary concerned within 60 days of the date on which the 
        proposal is finalized.

SEC. 7. APPLICABILITY OF EXPEDITED PROCEDURES AND AUTHORITIES OF 
              HEALTHY FORESTS RESTORATION ACT OF 2003 TO EMERGENCY 
              HAZARDOUS FUELS REDUCTION PROJECTS.

    (a) Applicability.--Subject to subsections (b) through (e), title I 
of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) 
(including the environmental analysis requirements of section 104 of 
that Act (16 U.S.C. 6514), the special administrative review process 
under section 105 of that Act (16 U.S.C. 6515), and the judicial review 
process under section 106 of that Act (16 U.S.C. 6516)), shall apply to 
all emergency hazardous fuels reduction projects developed under 
section 6.
    (b) Required Modifications.--In applying title I of the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) to emergency 
hazardous fuels reduction projects, the Secretary concerned shall make 
the following modifications:
            (1) The authority shall apply to the entire high-risk area, 
        including land that is outside of a wildland-urban interface 
        area or that does not satisfy any of the other eligibility 
        criteria specified in section 102(a) of that Act (16 U.S.C. 
        6512(a)).
            (2) All projects and activities of the Secretary concerned, 
        including necessary connected actions (as described in section 
        1508.25(a)(1) of title 40, Code of Federal Regulations), of the 
        emergency hazardous fuels reduction project shall be deemed to 
        be an authorized hazardous fuel reduction project for purposes 
        of applying the title.
            (3) The Secretary is not required to study, develop, or 
        describe more than the proposed agency action and a no-action 
        alternative in the environmental assessment or environmental 
        impact statement prepared pursuant to section 102(2) of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) 
        for an emergency hazardous fuels reduction project, except 
        that, if an at-risk community has adopted a community wildfire 
        protection plan (as defined in section 101(3) of the Healthy 
        Forest Restoration Act of 2003 (16 U.S.C. 6511(3))) that 
        includes the land covered by the proposed agency action, but 
        the proposed agency action does not implement the 
        recommendations in the plan regarding the general location and 
        basic method of treatments, the Secretary shall evaluate the 
        recommendations in the plan as an additional alternative to the 
        proposed agency action.
    (c) Forest Management Plans.--All projects and activities carried 
out as part of an emergency hazardous fuels reduction project in a 
designated high-risk area shall be consistent with standards and 
guidelines contained in the land and resource management plan or land 
use plan for the unit of the National Forest System or public lands for 
which the designation is made, except that the Secretary concerned may 
modify such standards and guidelines to correspond with a specific 
high-risk area designation.
    (d) 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 project or activity to be carried out 
as part of an emergency hazardous fuels reduction project in a high-
risk area shall not be delegated to a State forester or any other 
officer or employee of the State in which the emergency hazardous fuels 
reduction project will be carried out.
    (e) Categorical Exclusion.--If a project or activity to be carried 
out as part of an emergency hazardous fuels reduction project in a 
high-risk area involves the removal of insect-infected trees or other 
hazardous fuels within 500 feet of utility or telephone infrastructure, 
campgrounds, roadsides, heritage sites, recreation sites, schools, or 
other infrastructure, the project or activity 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.) so long as the project or activity 
is otherwise conducted consistently with agency and departmental 
procedures and the applicable land and resource management plan or land 
use plan.

SEC. 8. AUTHORIZED DURATION OF STEWARDSHIP END RESULT CONTRACTING 
              PROJECT CONTRACTS.

    Section 604(d)(3)(B) of the Healthy Forest Restoration Act of 2003 
(16 U.S.C. 6591c(d)(3)(B)) is amended by striking ``10 years'' and 
inserting ``20 years''.