19–010 

Calendar No. 287 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–126 

ARIZONA WALLOW FIRE RECOVERY AND 

MONITORING ACT 

JANUARY 13, 2012.—Ordered to be printed 

Filed, under authority of the order of the Senate of December 17, 2011 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1344] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1344) to direct the Secretary of Agriculture to 

take immediate action to recover ecologically and economically from 

a catastrophic wildfire in the State of Arizona, and for other purposes, having considered the same, reports favorably thereon with 

an amendment and recommends that the bill, as amended, do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Arizona Wallow Fire Recovery and Monitoring Act’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) COMMUNITY PROTECTION MANAGEMENT AREA.—The term ‘‘community protection management area’’ means— 

(A) the wildland-urban interface in a community wildfire protection plan; 

and 

(B) human development areas having special significance, including critical communication sites, high voltage transmission lines, developed recreation sites, and other structures that, if destroyed by fire, would result in 

hardship to communities. 

(2) COMMUNITY WILDFIRE PROTECTION PLAN.—The term ‘‘community wildfire 

protection plan’’ has the meaning given the term in section 101 of the Healthy 

Forest Restoration Act of 2003 (16 U.S.C. 6511). 

(3) EVALUATION.—The term ‘‘evaluation’’ means the evaluation required by 

section 3(a). 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. 


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(5) WALLOW FIRE AREA.—The term ‘‘Wallow Fire Area’’ means the land within 

the perimeter of the Wallow Fire, as depicted on the map entitled ‘‘Wallow Fire 

AZ–ASF–110152 Progression Map’’ and dated June 28, 2011. 

SEC. 3. HAZARD TREE AND COMMERCIAL TIMBER EVALUATION. 

(a) IN GENERAL.—The Secretary shall conduct an evaluation of the Wallow Fire 

Area in accordance with this section. 

(b) TIMELINE.—To ensure the timely completion of the evaluation, the Secretary 

shall— 

(1) not later than 30 days after the date of enactment of this Act, commence 

the evaluation; and 

(2) not later than 75 days after the date of enactment of this Act, complete 

the evaluation. 

(c) CONTENTS.—The evaluation shall include— 

(1) a map of the burn intensity within the Wallow Fire Area; 

(2) a description of— 

(A) the forest conditions in the burned areas of the Wallow Fire Area; 

(B) the short- and long-term risks that the conditions in the Wallow Fire 

Area may pose to forest users, communities, private property, and natural 

resources; and 

(C) the actions undertaken by the Forest Service to reduce the risks described in subparagraph (B); 

(3) a map and description of areas for potential hazard tree removal and 

areas for potential fire-damaged commercial tree removal in the Wallow Fire 

Area, including a delineation of the community protection management area 

within the Wallow Fire Area; 

(4) a preliminary estimate of— 

(A) the costs and receipts to be derived from the hazard tree and firedamaged commercial timber identified for potential removal in the Wallow 

Fire Area; and 

(B) to the maximum extent practicable, the receipts likely to be lost if action is not taken in a timely manner; and 

(5) a description of the desired outcomes of rehabilitation and tree removal 

in burned portions of the Wallow Fire Area. 

(d) EXCLUDED AREAS.—In identifying areas for potential tree removal under subsection (c)(3), the Secretary shall exclude high fire-severity burned areas on steep 

slopes, slopes with an incline greater than 40 percent, riparian areas, and fragile 

erosive sites, unless tree removal in those areas is necessary to address concerns 

relating to public health or safety. 

SEC. 4. TIMBER REMOVAL PROJECTS. 

(a) IDENTIFICATION.—Not later than 90 days after the date of enactment of this 

Act, the Secretary shall identify 1 or more projects to reduce the risks described in 

section 3(c)(2)(B) by removing hazard trees and fire-damaged, dead, and dying timber resources in the Wallow Fire Area. 

(b) CONGRESSIONAL INTENT.—It is the intent of Congress that all projects identified under subsection (a) be completed by September 30, 2013. 

(c) CONSIDERATIONS.— 

(1) EVALUATION.—In identifying projects under subsection (a), the Secretary 

shall consider the results of the evaluation. 

(2) TREE REMOVAL TECHNIQUES.—In selecting tree removal techniques for a 

project identified under subsection (a), the Secretary shall take into account the 

degree of ground disturbances, soil types, soil saturation, worker safety, threatened or endangered species, aquatic systems, and other ecological values associated with the site of the project. 

(d) MONITORING.—The Secretary shall use an effectiveness monitoring framework 

to assess the ecological and economic effects of each project that is identified and 

carried out under this section with respect to accomplishing the desired outcomes 

identified in the evaluation. 

(e) LIMITATIONS.—In carrying out a project identified under subsection (a), the 

Secretary— 

(1) shall focus the removal of trees under the project to hazard trees and trees 

that are already down, dead, or so severely root-sprung that mortality is highly 

probable; and 

(2) shall not construct any permanent road. 

(f) ADMINISTRATIVE REVIEW.— 

(1) IN GENERAL.—In lieu of an administrative appeal under section 322 of the 

Department of the Interior and Related Agencies Appropriations Act, 1993 (16 

U.S.C. 1612 note; Public Law 102–381), the Secretary may subject to administrative review under part 218 of title 36, Code of Federal Regulations (or sucVerDate Mar 15 2010 01:33 Jan 18, 2012 Jkt 019010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\SR126.XXX SR126

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cessor regulations), any collaboratively-developed project to remove hazard trees 

and fire-damaged, dead, and dying timber resources in the Wallow Fire Area— 

(A) that is identified under subsection (a); and 

(B) for which a decision notice or record of decision has been issued by 

September 30, 2012. 

(2) AUTHORIZED PROJECTS.—A project identified under subsection (a) shall be 

considered an authorized hazardous fuel reduction project for purposes of part 

218 of title 36, Code of Federal Regulations (or successor regulations). 

PURPOSE

The purpose of S. 1344 is to direct the Secretary of Agriculture 

to evaluate the area that was burned by the Wallow Fire and to 

identify certain tree removal projects in that area. 

BACKGROUND AND NEED

The 2011 wildfire season in the southwest was one of the most 

active on record. Extreme drought led to large and severe wildfires 

in Arizona, New Mexico, and Texas. The Wallow Fire started on 

May 29, 2011, in southeastern Arizona on the Apache-Sitgreaves 

National Forest. In the subsequent weeks, it burned a total of 

534,639 acres, including 12,972 acres of the Fort Apache Indian 

Reservation, 9,200 acres of the San Carlos Indian Reservation, 

15,407 acres in New Mexico, and 10,815 of State and private land, 

making it the largest fire in Arizona history. It burned 32 residences and cost about $95 million to suppress. 

While the majority of fire was not severe, about 16% (86,115 

acres) of the fire burned at high intensity and about 13.7% (73,634 

acres) at moderate intensity, resulting in large areas in need of restoration. The fire burned so intensely in some areas, that it left 

water-repellent soil on an estimated 32,000 acres. There are an estimated 1,924 miles of perennial and intermittent streams that are 

now at risk of post-fire flooding, and it left burned trees along an 

estimated 304 miles of trails and 2,120 miles of roads. 

S. 1344 would require the Secretary to conduct an evaluation of 

the burned area and the continuing risks it poses to people, property, and natural resources. It also would encourage the Secretary 

to promptly mitigate those risks. 

LEGISLATIVE HISTORY

S. 1344 was introduced by Senators Kyl and McCain on July 15, 

2011. The Subcommittee on Public Lands and Forests held a hearing on the bill on October 3, 2011. At its business meeting on November 10, 2011, the Committee on Energy and Natural Resources 

ordered S. 1344 favorably reported with an amendment in the nature of a substitute. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on November 10, 2011, by a voice vote of a quorum 

present, recommends that the Senate pass S. 1344, if amended as 

described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 1344, the Committee adopted an 

amendment in the nature of a substitute. A number of the provisions in the bill required the Secretary to act within timeframes 


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that already had expired, so the amendment adjusts the focus and 

timeframes of the bill from emergency to near-term response. The 

amendment also eliminates a number of provisions regarding environmental compliance, including provisions that the Forest Service 

testified would have hindered its flexibility in carrying out projects. 

The Committee amendment is explained in detail in the section-bysection analysis below. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title for the bill. 

Section 2 defines certain terms used in the bill. 

Section 3 requires the Secretary of Agriculture to conduct a rapid 

evaluation of the area burned by the Wallow Fire. The evaluation 

would include a map of the burn intensity in the area, and a description of the forest conditions, the short- and long-term risks 

they pose to people, property, and natural resources, and the actions taken by the Forest Service to address those risks. It also 

would include a description of where it would be appropriate to remove hazard and burned trees, and a preliminary estimate of the 

costs and receipts associated with such removal operations. Finally, 

it would include a description of the desired outcomes associated 

with potential rehabilitation and tree removal operations in the 

burned area. 

Section 4(a) requires the Secretary to identify at least one project 

that could reduce the short- or long-term risks identified in the 

evaluation through tree removal operations. 

Subsection (b) establishes congressional intent that any project 

that is identified under subsection (a) and carried out by the Forest 

Service be completed by the end of fiscal year 2013 in order to protect public safety and capture the economic value of any burned 

timber that is removed through the project. 

Subsections (c), (d), and (e) describe certain considerations, monitoring requirements, and limitations that would apply to any 

project identified under subsection (a) that is carried out by the 

Forest Service. 

Subsection (f) authorizes the Secretary to use the predecisional 

administrative review process established in 36 C.F.R. pt. 218 in 

lieu of a traditional administrative appeal if the project is collaboratively developed, the purpose of the project is to remove hazard 

and burned trees, the project is carried out in accordance with section 4, and the project planning is initiated soon enough that a decision notice or record of decision is issued by the end of fiscal year 

2012 (thereby providing a reasonable opportunity for the project to 

be completed by the end of fiscal year 2013). Paragraph (2) simply 

clarifies that such a project would be eligible for the predecisional 

review process in accordance with section 4 even if it would not 

otherwise meet the definition of ‘‘authorized hazardous fuel reduction project’’ found in 36 C.F.R. 218.2 (2010). 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 


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S. 1344—Arizona Wallow Fire Recovery and Monitoring Act 

S. 1344 would require the Forest Service to evaluate portions of 

the National Forest System affected by the Wallow fire in eastern 

Arizona. The bill also would authorize the agency to solicit public 

objections to proposed timber removal projects before the agency 

decides whether to conduct such projects in areas affected by the 

fire. Based on information provided by the Forest Service, CBO estimates that implementing S. 1344 would have no significant impact on the federal budget. Enacting the legislation would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

Many activities that would be completed as part of the evaluation required under the bill are similar to activities performed by 

the Forest Service under current law. In addition, because the 

agency is using existing authorities to expeditiously restore forest 

lands affected by the fire, CBO does not expect that the new authorities provided by S. 1344 would significantly affect the timing 

of such work. Therefore, we estimate that implementing the bill 

would have no significant impact on the federal budget. 

S. 1344 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 1344. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 1344, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 1344, as reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The views of the Administration were included in testimony received by the Committee at the October 3, 2011, hearing, which is 

provided below. 

STATEMENT THOMAS TIDWELL, CHIEF, FOREST SERVICE, 

DEPARTMENT OF AGRICULTURE

Chairman Wyden, Ranking Member Barrasso, and members of the Subcommittee, thank you for the opportunity to 

appear before you today to provide the Department of AgVerDate Mar 15 2010 01:33 Jan 18, 2012 Jkt 019010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR126.XXX SR126

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riculture’s views on S. 1344, the ‘‘Arizona Wallow Fire Recovery and Monitoring Act’’ and S. 1090, the ‘‘Tennessee 

Wilderness Act of 2011.’’ 

S. 1344, THE ARIZONA WALLOW FIRE RECOVERY AND

MONITORING ACT

The Department supports the objectives and comprehensive response that underlie the legislation and agrees that 

the response to this fire should be addressed with a sense 

of urgency. With or without this legislation, the U.S Forest 

Service is committed to accomplish the restoration objectives in a timely manner. The Wallow Fire burned over a 

half million acres of National Forest System land, as well 

as tribal, state and private lands (including lands in New 

Mexico). In terms of acres of forest burned, the Wallow 

Fire was the largest fire in Arizona’s history. The effects 

of this wildfire are significant for the communities of eastern Arizona. I want to assure you that the U.S. Forest 

Service understands and appreciates the magnitude and 

scope of the task ahead to restore the landscapes damaged 

by this fire and we have already started this work. 

Background 

Igniting on May 29, 2011 in the Apache-Sitgreaves National Forest southwest of Alpine, Arizona, the Wallow 

Fire was contained on July 8th. Its cause is under investigation. The fire’s burned area includes 840 square miles 

(535,000 acres) and includes 24 square miles (15,000 acres) 

of western New Mexico. Nearly half of the Wallow Fire’s 

burned area (48%) is classified as low burn severity, 14% 

moderate severity and 16% high severity. Burned Area 

Emergency Response (BAER) assessments have been completed with approved funding and prescriptions being implemented. USDA agencies and Arizona State agencies are 

assisting the Forest Service at public workshops to provided information on programs and assistance to home 

owners and small businesses affected by fires and/or 

floods. At the zenith of the Wallow Fire’s run more than 

4,700 firefighters from the Forest Service and cooperating 

agencies responded. Moreover, fuels treatments developed 

with private citizens and state and local governments as 

part of the White Mountain Stewardship Project and implemented between 2004 and 2011 successfully reduced 

fire behavior near the Arizona communities of Greer, 

Eagar, Nutrioso, and Alpine. 

Current planning 

The Forest Service is in the process of conducting an 

evaluation which includes an assessment of restoration 

needs and salvage as required by the bill. In order to assess the magnitude of the restoration needs resulting from 

the Wallow Fire, a Rapid Assessment Team was assembled. The Team is currently developing a comprehensive 

restoration plan for the Wallow Fire area. The plan will 

identify and organize all restoration needs for the Wallow 


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Fire area, including ongoing Burned Area Emergency Response (BAER) projects, and projects to reduce risks to 

health and safety in the short term and restore the area 

over the longer term. The Forest Service will adjust work 

priorities in order to focus the resources necessary to ensure the recovery of the Wallow Fire area. 

Ongoing and proposed work 

The Forest Service’s BAER work is ongoing. We have 

just completed seeding some 36,000 acres of 80,000 acres 

projected for seeding, spreading straw on 18,000 acres of 

25,000 projected, and are currently removing hazard trees 

along 245 miles of road from a projected 300 miles of road 

needing treatment. The roadside hazard tree removal 

could result in approximately 162,000 tons of material. Approximately 39 miles of power line corridors have been 

identified for emergency hazard tree removal (BAER work) 

in conjunction with various power companies. In addition, 

our post-emergency assessment shows that there is a substantial risk of falling hazard trees along an additional 350 

miles of roads and power line corridors. These roads and 

power line corridors are critically important to the communities of Greer, Alpine, Nutrioso, and Eagar, among others. 

We estimate that treatments within these corridors could 

result in the removal of approximately 150,000 tons of material on approximately 10,400 acres. In order to minimize 

the safety risk and provide employment opportunities, we 

plan to proceed expeditiously so that some of the wood can 

be used for higher valued products. 

Collaborative efforts 

The White Mountain Stewardship collaborative, a diverse group of local, state, tribal, environmental and other 

partners, is assisting us in developing our rehabilitation 

plans. Our plan is to complete the environmental analyses 

and administrative review for the projects to carry out the 

plan, and prepare the contracts over the next several 

months. Roadside corridor work would conclude by the end 

of 2012. Other projects would conclude as expeditiously as 

possible. Our plan is to use our current authorities to utilize receipts for future salvage sales that carry out postfire rehabilitation. We are planning to work with many of 

the same individuals and groups in monitoring our rehabilitation work. 

Provisions of the bill 

Section 4 of S. 1344 would direct the Secretary to prepare a hazard tree and commercial timber evaluation. The 

evaluation would describe the forest conditions in the Wallow Fire Area and the short- and long-term risks posed by 

the conditions. The evaluation also would include a map of 

the areas for potential hazard tree removal, a map of areas 

for potential fire-damaged commercial tree removal, and a 

map of areas where harvest should not be considered. In 

the evaluation, the Secretary would be required to describe 


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one or more proposals for timber removal projects and a 

description of the desired outcomes of rehabilitation and 

tree removal. The Secretary would involve the public in 

preparing the evaluation and would be required to complete the evaluation within 45 days after initiating it. 

Section 5 of S. 1344 also would provide that a timber removal project carried out under the bill would limited to 

the removal of hazard trees and the removal of trees that 

are already down, dead, or severely root-sprung such that 

there is a high probability of mortality. The bill would require the Secretary to prepare an environmental assessment for a timber removal project carried out under the 

bill for portions of the Wallow Fire Area that are in a 

Community Protection Management Area. The Secretary 

would not be required to consider any alternative to the 

proposed agency action in the environmental assessment. 

Any timber removal project carried out in the Wallow Fire 

Area would be subject to the pre-decisional objection process under section 105 of the Healthy Forests Restoration 

Act (HFRA). S. 1344 also specifies that receipts from timber removal projects be available, without further appropriation for restoration purposes on the Apache-Sitgreaves 

National Forest in the State of Arizona. 

Departmental perspective on specific bill provisions 

While we support the objectives of S. 1344, we note that 

the Forest Service already has appropriated funds, stewardship contracting authority, and the salvage sale fund to 

address various forest management scenarios proposed in 

the bill. In complying with NEPA under current authorities, the Forest Service is utilizing categorical exclusions 

for tree removal projects in certain high risk areas. We 

would prefer that any legislation maintain this flexibility. 

Under current authorities, the Forest Service is required 

to use a post-decisional appeals process and does not have 

the option of using the pre-decisional objection process in 

HFRA except for hazardous fuel reduction projects covered 

by HFRA. The HFRA pre-decisional review procedures provide the public with an opportunity to raise concerns before a final decision is issued, making the process more collaborative and helpful. 

Demonstrated benefits of White Mountain Stewardship and 

anticipated benefits from the Four Forests Restoration 

Initiative 

As devastating as the Wallow fire was, it could have 

been significantly worse if it had not been for the thousands of acres that had been treated as part of the White 

Mountain Stewardship project. The accomplishments of 

the White Mountain Stewardship project have been significant—50,851 acres treated as of July 23, 2011. The Community Wildfire Protection Plans for the communities of 

Nutrioso, Eagar, Alpine and Greer provided much of the 

guidance for the accomplishment of that work. There is no 

doubt that a significant number of neighborhoods and porVerDate Mar 15 2010 01:33 Jan 18, 2012 Jkt 019010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6969 E:\HR\OC\SR126.XXX SR126

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tions of the forest were spared thanks to this work. The 

forest fuels thinning and removals in the path of this fire 

clearly demonstrate what can be accomplished through collaboration and stewardship contracting at the landscape 

scale. Fire behavior can be modified, communities can be 

protected, local jobs can be created, and relationships between organizations and individuals can be built. The Four 

Forests Restoration Project (4FRI) is the next step in expanding this collaborative model. Through the 4FRI is a 

Collaborative Forest Landscape Restoration (CFLRP) 

project, the Forest Service aspires to restore approximately 

2.4 million acres of ponderosa pine forests on portions of 

the Apache-Sitgreaves, Coconino, Kaibab, and Tonto National Forests in Northern Arizona over the next 20 years. 

In the past two years, more than eleven million dollars has 

been committed to this initiative. 

In summary, the Department supports the objectives of 

this legislation. However, we are already engaged in focusing our workforce and resources to accomplish these objectives in an expeditious manner and we have the appropriate authorities to meet the intent of this legislation. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 1344 as ordered reported. 

Æ 


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