49–006 

109TH CONGRESS REPT. 109–451 " ! HOUSE OF REPRESENTATIVES 2d Session PART 1 

FOREST EMERGENCY RECOVERY AND RESEARCH ACT 

MAY 4, 2006.—Ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL AND DISSENTING VIEWS 

[To accompany H.R. 4200] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill 

(H.R. 4200) to improve the ability of the Secretary of Agriculture 

and the Secretary of the Interior to promptly implement recovery 

treatments in response to catastrophic events affecting Federal 

lands under their jurisdiction, including the removal of dead and 

damaged trees and the implementation of reforestation treatments, 

to support the recovery of non-Federal lands damaged by catastrophic events, to revitalize Forest Service experimental forests, 

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 all after the enacting clause and insert the following: 

SEC. 1. SHORT TITLE AND TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as ‘‘Forest Emergency Recovery and Research Act’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title and table of contents 

Sec. 2. Findings 

Sec. 3. Definitions 

TITLE I—RESPONSE TO CATASTROPHIC EVENTS ON FEDERAL LANDS 

Sec. 101. Development of research protocols and use in catastrophic event research projects 

Sec. 102. Catastrophic event recovery evaluations 

Sec. 103. Compliance with National Environmental Policy Act 

Sec. 104. Availability and use of pre-approved management practices 

Sec. 105. Availability and use of emergency procedures 


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Sec. 106. Administrative and judicial review 

Sec. 107. Guidance regarding reforestation in response to catastrophic events 

Sec. 108. Effect of title 

Sec. 109. Standards for tree retention 

TITLE II—RESTORING LANDSCAPES AND COMMUNITIES IMPACTED BY CATASTROPHIC EVENTS 

Subtitle A—Cooperative Forestry Assistance Act of 1978 

Sec. 201. Assistance under Cooperative Forestry Assistance Act of 1978 to restore landscapes and communities 

affected by catastrophic events 

Subtitle B—Department of the Interior Assistance 

Sec. 211. Restoring landscapes 

Sec. 212. Restoring communities 

TITLE III—EXPERIMENTAL FORESTS 

Sec. 301. Findings 

Sec. 302. Availability and use of pre-approved management practices on National Forest experimental forests 

Sec. 303. Limited consideration of alternatives for projects on National Forest experimental forests 

TITLE IV—GENERAL PROVISIONS 

Sec. 401. Regulations 

Sec. 402. Dedicated source of funds for research and monitoring 

Sec. 403. Other funding sources 

Sec. 404. Effect of declaration of major disaster or emergency 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) The number and severity of catastrophic events causing resource damage 

to Federal land has significantly increased over the last 20 years, and such catastrophic events also create serious adverse environmental, social, and economic 

consequences for Federal land and adjacent non-Federal land and communities. 

(2) Catastrophic events often devastate forest or rangeland ecosystems and 

eliminate sources of seed for desired tree and plant species, which—

(A) delays or even precludes the reestablishment of appropriate forest or 

plant cover on millions of acres of Federal land; 

(B) increases the susceptibility of the damaged land to wildfire and noxious or harmful species and reduces the economic value of the damaged 

land’s resources; 

(C) increases the susceptibility of adjacent undamaged land to insect infestations, disease, and noxious weeds; 

(D) pollutes municipal water supplies and damages water delivery infrastructure; 

(E) exacerbates sediment production that adversely impacts native fish 

habitat and soil productivity; 

(F) results in unsafe campgrounds, trails, roads, and other infrastructure; 

and 

(G) adversely impacts the sustainability of ecosystems and the well-being 

of adjacent communities. 

(3) Program authorities and funding mechanisms currently available to the 

Secretary of Agriculture and the Secretary of the Interior to respond to catastrophic events on forested Federal land do not provide for consistent and timely response activities. 

(4) The Council on Environmental Quality has approved on an infrequent 

basis the use of alternative arrangements to respond to catastrophic events on 

forested Federal land, but, when used in the past, such alternative arrangements have encouraged expedited and successful recovery outcomes. 

(5) A prompt and standardized management response to a catastrophic event, 

which is also adaptive to the unique characteristics of each catastrophic event, 

is needed—

(A) to effectively recover the area damaged by the catastrophic event, 

(B) to minimize the impact on the resources of the area and adjacent communities adversely affected by the catastrophic event; and 

(C) to recover damaged, but still merchantable, material before it losses 

economic value. 

(6) Reforestation treatments on forested Federal land after a catastrophic 

event helps to restore appropriate forest cover, which provides multiple renewable resource benefits, including—

(A) protecting soil and water resources; 

(B) providing habitat for wildlife and fish; 

(C) contributing to aesthetics and enhancing the recreational experience 

for visitors; 

(D) providing a future source of timber for domestic use; and 


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(E) ensuring the health and resiliency of affected ecosystems for present 

and future generations. 

(7) According to the Comptroller General, the reforestation backlog for Federal land has increased since 2000 as a result of natural disturbances, such as 

wildland fires, insect infestations, and diseases. 

(8) Additional scientific and monitoring information is needed regarding the 

effectiveness of recovery treatments to improve subsequent recovery proposals 

in response to future catastrophic events. 

(9) State, tribal, and local governments, local communities, and other entities 

play a critical role in restoring landscapes damaged by a catastrophic event and 

in reducing the risks associated with the catastrophic event. 

(10) Greater resources and adaptive arrangements must be made available to 

land managers to facilitate the prompt implementation of recovery treatments, 

including reforestation, following catastrophic events. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) BURNED AREA EMERGENCY RESPONSE.—The term ‘‘burned area emergency 

response’’ means the process used by the Secretary concerned to plan and implement emergency stabilization actions on Federal land in response to a catastrophic event in order to minimize threats to life or property or to stabilize and 

prevent unacceptable degradation to natural and cultural resources resulting 

from the effects of the catastrophic event. 

(2) CATASTROPHIC EVENT.—The term ‘‘catastrophic event’’ means any natural 

disaster or any fire, flood, or explosion, regardless of cause, that the Secretary 

determines has caused or will cause damage of significant severity and magnitude to Federal land or, in the case of title II, non-Federal land. A natural 

disaster may include a hurricane, tornado, windstorm, snow or ice storm, rain 

storm, high water, wind-driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, drought, or insect or disease outbreak. 

(3) CATASTROPHIC EVENT RECOVERY.—The term ‘‘catastrophic event recovery’’, 

with respect to an area of Federal land damaged by a catastrophic event, 

means—

(A) if the catastrophic event involved fire, the rehabilitation and restoration activities (other than any emergency stabilization treatments undertaken as part of the burned area emergency response) that are undertaken 

on the damaged Federal land, including any infrastructure or facilities 

thereon, in response to the catastrophic event; 

(B) if the catastrophic event did not involve fire, the emergency stabilization and rehabilitation and restoration activities that are undertaken on the 

damaged Federal land, including infrastructure or facilities thereon, in response to the catastrophic event; or 

(C) the reforestation or revegetation, consistent with the applicable land 

and resource management plan, of the damaged Federal land in response 

to the catastrophic event using, to the extent practicable and preferable, native or beneficial plants to avoid creation of plantation forests and the recovery of trees on the damaged Federal land, through the use of timber harvesting and other appropriate methods of forest regeneration. 

(4) CATASTROPHIC EVENT RECOVERY EVALUATION.—The term ‘‘catastrophic 

event recovery evaluation’’, with respect to an area of Federal land damaged by 

a catastrophic event, means an evaluation of the damaged Federal land that is 

conducted in accordance with section 102. 

(5) CATASTROPHIC EVENT RECOVERY PROPOSAL.—The term ‘‘catastrophic event 

recovery proposal’’ means the list and brief description of catastrophic event recovery projects, catastrophic event research projects, and pre-approved management practices that are—

(A) identified as part of the catastrophic event recovery evaluation of an 

area of Federal land damaged by a catastrophic event; and 

(B) proposed to be undertaken to facilitate the catastrophic event recovery of the area or evaluate the effects and effectiveness of such recovery efforts. 

(6) CATASTROPHIC EVENT RECOVERY PROJECT.—The term ‘‘catastrophic event 

recovery project’’ means an individual activity or a series of activities identified 

in a catastrophic event recovery proposal for an area of Federal land damaged 

by a catastrophic event and proposed to be undertaken in response to the catastrophic event to promote catastrophic event recovery. 

(7) CATASTROPHIC EVENT RESEARCH PROJECT.—The term ‘‘catastrophic event 

research project’’ means a scientifically designed study of the effects and effectiveness of—


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(A) any catastrophic event recovery projects undertaken in an area of 

land damaged by a catastrophic event; and 

(B) any emergency stabilization treatments undertaken as part of a 

burned area emergency response in the area of land damaged by a catastrophic event. 

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

protection plan’’ has the meaning given that term in section 101(3) of the 

Healthy Forest Restoration Act of 2003 (16 U.S.C. 6511(3)). 

(9) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’, for purposes of providing assistance under subtitle B of title II, means a State Forester or equivalent State 

official, an Indian tribe, local government, community-based organization, or 

other person. 

(10) FEDERAL LAND.—The term ‘‘Federal land’’ means land in the National 

Forest System and public lands. The term does not include any land contained 

in a component of the National Wilderness Preservation System or designated 

as a national monument. 

(11) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term 

in section 4 of the Indian Self-Determination and Education Assistance Act (25 

U.S.C. 450b). 

(12) LAND AND RESOURCE MANAGEMENT PLAN.—The term ‘‘land and resource 

management plan’’ means—

(A) a land and resource management plan developed for a unit of the National Forest System under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604); or 

(B) a land use plan developed for an area of the public lands under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1712). 

(13) LAND-GRANT COLLEGES AND UNIVERSITIES.—The term ‘‘land-grant colleges 

and universities’’ has the meaning given that term in section 1404(11) of the 

National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 

U.S.C. 3103(11)). 

(14) LANDSCAPE ASSESSMENT.—The term ‘‘landscape assessment’’ means an 

assessment describing catastrophic event conditions and recovery needs and opportunities on non-Federal land affected by a catastrophic event and including 

a list of proposed special recovery projects to address those needs and opportunities. 

(15) 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)). 

(16) PRE-APPROVED MANAGEMENT PRACTICE.—The term ‘‘pre-approved management practice’’ means a management practice identified by the Secretary 

concerned under section 104(a) that may be immediately implemented as part 

of a catastrophic event recovery project or catastrophic event research project 

to facilitate the catastrophic event recovery of an area of Federal land damaged 

by a catastrophic event. 

(17) 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)). 

(18) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ means—

(A) the Secretary of Agriculture, with respect to National Forest System 

land; and 

(B) the Secretary of the Interior, with respect to public lands. 

(19) SPECIAL RECOVERY PROJECT.—The term ‘‘special recovery project’’ means 

an individual activity or a series of activities proposed to be undertaken to rehabilitate, repair, and restore non-Federal land damaged by a catastrophic event, 

community infrastructure and facilities on the land, and economic, social, and 

cultural conditions affected by the catastrophic event. 

TITLE I—RESPONSE TO CATASTROPHIC 

EVENTS ON FEDERAL LANDS 

SEC. 101. DEVELOPMENT OF RESEARCH PROTOCOLS AND USE IN CATASTROPHIC EVENT RESEARCH PROJECTS. 

(a) DEVELOPMENT OF PROTOCOLS; PURPOSE.—For the purpose of conducting and 

evaluating the effectiveness and effects of a catastrophic event recovery project and 

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gency response, the Secretary concerned shall develop research protocols consisting 

of—

(1) a research approach that is specifically designed to improve knowledge, 

understanding, and predictive capabilities—

(A) to increase the long-term benefits of management activities, including 

natural and artificial regeneration of vegetation; and 

(B) to decrease the short-term impacts of such management activities; 

(2) an appropriate and scientifically sound experimental design or set of sampling procedures; and 

(3) accompanying methods of data analysis and interpretation. 

(b) PEER REVIEW.—The research protocols developed under subsection (a), and any 

subsequent modification thereof, shall be subject to peer review, including independent, third-party peer review, by scientific and land management experts. 

(c) TIME FOR COMPLETION; MODIFICATION.—The research protocols required by 

this section shall be submitted to Congress not later than 180 days after the date 

of the enactment of this Act. The Secretary concerned may modify the research protocols, as the Secretary determines necessary, after their submission to Congress. 

The Secretary concerned shall notify Congress regarding any such modification. 

(d) CATASTROPHIC EVENT RESEARCH PROJECTS.—In accordance with the research 

protocols developed under this section, the Secretary concerned may conduct one or 

more catastrophic event research projects in an area of land damaged by a catastrophic event. The Secretary may develop a proposed catastrophic event research 

project as part of a catastrophic event recovery proposal or develop a catastrophic 

event research project independently of the catastrophic event recovery proposal 

during the catastrophic event recovery in response to changing conditions in the 

area damaged by the catastrophic event. 

(e) PUBLIC ACCESS.—

(1) PROTOCOLS.—The Secretary concerned shall make the research protocols 

developed under subsection (a), including any modification thereof, publicly 

available, in a form determined to be appropriate by the Secretary. 

(2) RESEARCH RESULTS.—After completion of the peer review required by subsection (b), the Secretary concerned shall make the results of catastrophic event 

research projects publicly available, in a form determined to be appropriate by 

the Secretary. 

(f) FOREST HEALTH PARTNERSHIPS.—In developing and using the research protocols required by this section, the Secretary concerned shall enter into cooperative 

agreements with land-grant colleges and universities and other institutions of higher education to form forest health partnerships, including regional institutes, to utilize their education, research, and outreach capacity to address the catastrophic 

event recovery of forested land. A forest health partnership may be aligned with the 

current network of Cooperative Ecosystem Studies Units. 

SEC. 102. CATASTROPHIC EVENT RECOVERY EVALUATIONS. 

(a) COMMENCEMENT.—

(1) EVALUATION REQUIRED.—In response to a catastrophic event affecting 

1,000 or more acres of Federal land, the Secretary concerned shall conduct a 

catastrophic event recovery evaluation of the damaged Federal land. 

(2) EVALUATION AUTHORIZED.—If a catastrophic event affects more than 250 

acres of Federal land, but less than 1,000 acres, the Secretary concerned is authorized, but not required, to conduct a catastrophic event recovery evaluation 

of the damaged Federal land. 

(3) TIME FOR COMMENCEMENT.—To facilitate prompt decision-making with regard to the catastrophic event recovery of Federal land damaged by a catastrophic event when a catastrophic event recovery evaluation is required under 

paragraph (1), the Secretary concerned shall commence the catastrophic event 

recovery evaluation for the damaged Federal land—

(A) as soon as practicable during or after the conclusion of the catastrophic event; but 

(B) in no event later than 30 days after the conclusion of the catastrophic 

event. 

(b) COMPLETION.—

(1) TIME FOR COMPLETION.—To facilitate prompt implementation of catastrophic event recovery projects on Federal land damaged by a catastrophic 

event when a catastrophic event recovery evaluation is required under subsection (a)(1), the Secretary concerned shall complete the catastrophic event recovery evaluation for the damaged Federal land not later than 30 days after the 

date on which Secretary commenced the catastrophic event recovery evaluation. 

(2) EXTENSION.—The Secretary concerned may extend the completion date for 

a catastrophic event recovery evaluation, on a case-by-case basis, when the SecVerDate Aug 31 2005 21:38 May 06, 2006 Jkt 049006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6621 E:\HR\OC\HR451P1.XXX HR451P1

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retary concerned determines that additional time is necessary to evaluate a 

complex catastrophic event, an on-going catastrophic event, or a series of catastrophic events. 

(c) ELEMENTS OF CATASTROPHIC EVENT EVALUATION.—In conducting the catastrophic event recovery evaluation for an area of Federal land damaged by a catastrophic event, the Secretary concerned shall prepare the following: 

(1) A description of catastrophic event conditions on the damaged Federal 

land, recovery needs and opportunities, and the areas where management intervention would be helpful to achieve the catastrophic event recovery of the damaged Federal land. 

(2) A preliminary determination of any catastrophic event research projects 

that best fit the circumstances of the particular catastrophic event environment 

or would enhance scientific understanding relevant to the damaged area. 

(3) A catastrophic event recovery proposal containing possible catastrophic 

event recovery projects and catastrophic event research projects for the damaged area and describing the anticipated size and scope of these projects. 

(4) One or more maps detailing the area of damaged Federal land and the 

location of catastrophic event recovery proposals. 

(5) A preliminary estimate of the funding that would be needed to complete 

the catastrophic event recovery projects and catastrophic event research projects 

contained in the catastrophic event recovery proposal. 

(6) A preliminary estimate of the receipts to be derived from the catastrophic 

event recovery projects and catastrophic event research projects contained in 

the catastrophic event recovery proposal, and, to the maximum extent practicable, an estimate of revenues likely to be lost if action is not taken in a timely manner. 

(7) A preliminary schedule showing the timing of possible catastrophic event 

recovery projects and catastrophic event research projects by fiscal year, assuming funding is available to undertake the projects. 

(d) USE OF PRE-APPROVED MANAGEMENT PRACTICES OR EMERGENCY PROCEDURES.—

(1) DETERMINATION.—In addition to complying with the requirements specified in subsection (c) for each catastrophic event recovery evaluation, the Secretary concerned shall make a determination of—

(A) whether or not any pre-approved management practices should be immediately implemented under section 104 to facilitate the catastrophic 

event recovery of the area covered by the catastrophic event recovery evaluation; and 

(B) whether or not any catastrophic event recovery project or catastrophic 

event research project, or portion of such a project, contained in the catastrophic event recovery proposal should be developed and carried out using 

the emergency procedures authorized by section 105. 

(2) FACTORS.—In making any determination under paragraph (1)(B) to develop and carry out a catastrophic event recovery project or catastrophic event 

research project, or portion of such a project, using emergency procedures under 

section 105, the Secretary concerned shall consider at a minimum the following: 

(A) The necessity of promptly responding to the catastrophic event on the 

damaged Federal land. 

(B) The recovery needs and opportunities identified under subsection 

(c)(1) with respect to the damaged Federal land. 

(C) The lack of pre-approved management practices applicable to the 

damaged Federal land. 

(D) The threat to public health and safety. 

(E) The likelihood of substantial loss of adjacent private and public property or other substantial economic losses. 

(3) NOTIFICATION AND CONSULTATION.—The Secretary concerned shall make 

the determinations under paragraph (1) after notification of and in consultation 

with the Council on Environmental Quality, but the determination remains in 

the sole discretion of the Secretary. 

(e) INTERDISCIPLINARY APPROACH.—To conduct the catastrophic event recovery 

evaluation of an area of Federal land damaged by a catastrophic event, the Secretary concerned shall use a systematic, interdisciplinary approach that insures the 

integrated use of appropriate natural and social sciences. 

(f) COORDINATION WITH OTHER ACTIVITIES.—

(1) RELATED ASSESSMENT OF NON-FEDERAL LAND.—The Secretary concerned 

may combine the preparation of a catastrophic event recovery evaluation of Federal land with the preparation of a landscape assessment for non-Federal land 

in the vicinity of the damaged Federal land prepared under subtitle B of title 


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II or subsection (c) of section 10A of the Cooperative Forestry Assistance Act 

of 1978 (16 U.S.C. 2106c), as added by section 201. 

(2) RELATED COMMUNITY WILDFIRE PROTECTION PLANS.—During preparation of 

a catastrophic event recovery evaluation for an area of Federal land damaged 

by a catastrophic event involving wildfire, the Secretary concerned shall consider post-fire management recommendations, if any, contained in any community wildfire protection plan addressing the damaged Federal land. 

(g) PUBLIC COLLABORATION.—To encourage meaningful participation during the 

preparation of catastrophic event recovery projects, the Secretary concerned shall facilitate collaboration among State and local governments, Indian tribes, land-grant 

colleges and universities, and interested persons during the preparation of catastrophic event recovery evaluations and catastrophic event recovery proposals. 

(h) PUBLIC NOTICE.— (1) NOTICE OF EVALUATION.—The Secretary concerned shall provide public notice of each catastrophic event recovery evaluation, including the catastrophic 

event recovery proposal prepared as part of the evaluation. The notice shall be 

provided in a form determined to be appropriate by the Secretary concerned, 

such as publication in the Federal Register. 

(2) NOTICE OF PUBLIC MEETINGS.—The Secretary concerned shall provide notice of public meetings conducted in connection with a catastrophic event recovery evaluation and the availability of preliminary analyses or documents prepared as part of the evaluation. The notice shall be provided at such times and 

in such a manner as the Secretary concerned considers appropriate. 

SEC. 103. COMPLIANCE WITH NATIONAL ENVIRONMENTAL POLICY ACT. 

(a) COMPLIANCE REQUIRED.—Except as provided in subsection (b), the Secretary 

concerned shall comply with the National Environmental Policy Act of 1969 (42 

U.S.C. 4331 et seq.), its implementing regulations, and other applicable laws in designing and conducting catastrophic event recovery projects and catastrophic event 

research projects. 

(b) SATISFACTION OF NEPA REQUIREMENTS.—The following activities are deemed 

to satisfy the requirements of section 102 of the National Environmental Policy Act 

of 1969 (42 U.S.C. 4332 et seq.) and its implementing regulations: 

(1) The preparation of the list of pre-approved management practices required 

by subsection (a) of section 104. 

(2) The use of pre-approved management practices on the list in the manner 

provided in section 104. 

(3) The use of emergency procedures in the manner provided in section 105. 

SEC. 104. AVAILABILITY AND USE OF PRE-APPROVED MANAGEMENT PRACTICES. 

(a) LIST OF AVAILABLE PRE-APPROVED MANAGEMENT PRACTICES.—The Secretary 

concerned shall prepare a list of management practices, by forest type or plant association group, that may be immediately implemented as part of a catastrophic event 

recovery project or catastrophic event research project to facilitate the catastrophic 

event recovery of an area of Federal land damaged by a catastrophic event. The list 

of pre-approved management practices shall be prepared using notice and comment 

rule making under section 553 of title 5, United States Code. 

(b) PEER REVIEW.—Before a management practice may be included on the list of 

pre-approved management practices, the management practice shall be subject to 

peer review, including independent, third-party peer review, by scientific and land 

management experts. The results of the peer review shall be available to the public 

during the comment period. 

(c) REVISION OR AMENDMENT OF LIST.—The Secretary concerned may amend or 

revise the list of pre-approved management practices as necessary whenever new 

scientific and managerial information becomes available. Subsections (a) and (b) 

shall apply to the amendment or revision process. 

(d) USE FOR CERTAIN ACTIVITIES PROHIBITED.—

(1) ROAD CONSTRUCTION.—A pre-approved management practice may not authorize any permanent road building. Any temporary road constructed as part 

of a pre-approved management practice shall be obliterated upon conclusion of 

the practice and the road area restored to the extent practicable. 

(2) TIMBER HARVESTING.—Timber harvesting carried out as part of a catastrophic event recovery project or catastrophic event research project, or portion 

of such a project, for which emergency procedures under this section were used 

shall be limited to trees—

(A) that are already down, dead, broken, or severely root sprung; 

(B) regarding which mortality is highly probable within five years after 

the end of the catastrophic event; or 

(C) that are required to be removed for worker or public safety. 

(c) REQUIRED CONSULTATION.—


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(1) ESA CONSULTATION.—In the case of a catastrophic event recovery project 

or catastrophic event research project, or portion of such a project, for which 

emergency procedures under this section are used, the Secretary concerned may 

use the procedures described in section 402.05 of title 50, Code of Federal Regulations, to comply with section 7 of the Endangered Species Act of 1973 (16 

U.S.C. 1536). At the conclusion of the consultation, the statement required by 

subsection (b)(4) of such section shall be issued for any incidental taking that 

may occur under the project, which shall be effective beginning on the date the 

Secretary concerned initiates action under the project and shall apply to all persons assisting or cooperating with the Secretary under the project. 

(2) OTHER REQUIRED CONSULTATION.—Any consultation required under other 

laws, such as the National Historic Preservation Act (16 U.S.C. 470 et seq.) or 

the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), may proceed 

simultaneously with the design of a catastrophic event recovery project or catastrophic event research project, or portion of such a project, for which emergency procedures under this section are used. Results of consultation shall be 

immediately incorporated into the project, to the extent feasible, practical, and 

consistent with the response, recovery, and rehabilitation objectives of the 

project. 

(d) COMPLETION OF EMERGENCY PROCEDURES AND ISSUANCE OF DECISION DOCUMENT.—Not later than 90 days after the date on which the Secretary concerned 

makes the determination under section 102(d) to develop and carry out a catastrophic event recovery project or catastrophic event research project, or portion of 

such a project, using emergency procedures, the Secretary concerned shall—

(1) complete the emergency procedures for that catastrophic event recovery 

project or catastrophic event research project, or portion thereof, under this section; and 

(2) issue a concise decision document that contains the following: 

(A) The rationale for the agency decision. 

(B) An economic analysis and justification. 

(C) An analysis of the environmental effects of the project and how such 

effects will be minimized or mitigated consistent with the applicable land 

and resource management plan. As part of this analysis, the Secretary concerned shall consider, to the extent the Secretary concerned determines appropriate, forest type or plant association group, standing- and down-dead 

wood, watershed, water quality, wildlife habitat, and soils applicable to the 

damaged Federal land. 

(e) IMMEDIATE IMPLEMENTATION.—In the case of a catastrophic event recovery 

project or catastrophic event research project, or portion of such a project, for which 

the emergency procedures authorized by this section are used, the Secretary concerned shall implement the project, or portion of the project, immediately after the 

issuance of the decision document under subsection (d), subject only to the availability of funds for the project. 

(f) MONITORING.—To monitor a catastrophic event recovery project or catastrophic 

event research project, or portion of such a project, for which the emergency procedures authorized by this section were used, the Secretary concerned may establish 

a third-party monitoring group, as determined to be appropriate by the Secretary. 

SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW. 

(a) ADMINISTRATIVE REVIEW GENERALLY.—Except as provided in subsection (b), 

nothing in this title affects—

(1) the notice, comment, and appeal requirements of section 322 of the Department of the Interior and Related Agencies Appropriations Act, 1993 (Public 

102–381; 16 U.S.C. 1612 note); and 

(2) section 215 of title 36, Code of Federal Regulations. 

(b) PREDECISIONAL ADMINISTRATIVE NOTICE, COMMENT, AND REVIEW.—

(1) INTERIM FINAL REGULATIONS.—Not later than 60 days after the date of the 

enactment of this Act, the Secretary of Agriculture shall promulgate interim 

final regulations to establish a predecisional administrative review process that 

will serve as the sole means by which—

(A) the Secretary of Agriculture will provide notice of and solicit comments regarding—

(i) the proposed use of a pre-approved management practice under 

section 104 on National Forest System land; and 

(ii) a catastrophic event recovery project or catastrophic event research project, or portion of such a project, for which the emergency 

procedures under section 105 are used on National Forest System land; 

and 

(B) a person can seek administrative review regarding—


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(i) the proposed use of a pre-approved management practice under 

section 104 on National Forest System land; and 

(ii) a catastrophic event recovery project or catastrophic event research project, or portion of such a project, for which the emergency 

procedures under section 105 are used on National Forest System land. 

(2) PERIOD COVERED BY REVIEW PROCESS.—The review portion of the 

predecisional administrative review process described in paragraph (1)(B) shall 

occur during the period— (A) beginning on the date on which the Secretary of Agriculture makes 

a determination to use pre-approved management practices or emergency 

procedures under section 102(d); and 

(B) ending not later than the date of the issuance of applicable decision 

document under section 104 or 105. 

(3) EFFECTIVE DATE.—The interim final regulations promulgated under paragraph (1) shall take effect on the date of promulgation of the regulations. 

(4) FINAL REGULATIONS.—The Secretary of Agriculture shall promulgate final 

regulations to establish the predecisional administrative review process described in paragraph (1) as soon as practicable after the interim final regulations have been promulgated and a reasonable period of time has been provided 

for public comment. 

(c) JUDICIAL REVIEW.—Section 106 of the Healthy Forests Restoration Act of 2003 

(16 U.S.C. 6516) shall apply with respect to the implementation of a pre-approved 

management practice under section 104 or a catastrophic event recovery project or 

catastrophic event research project regarding which the applicable administrative 

review process has been exhausted. In any proceeding for judicial review of agency 

action under this subsection, attorney fees awarded to a prevailing party may not 

exceed the hourly rates established in section 3006A of title 18, United States Code. 

SEC. 107. GUIDANCE REGARDING REFORESTATION IN RESPONSE TO CATASTROPHIC EVENTS. 

Not later than 180 days after the date of the enactment of this Act, the Secretary 

concerned shall— (1) standardize the collection, reporting, and review procedures for data regarding more aggressive, expedited, and comprehensive reforestation in response to catastrophic events by clarifying agency-wide guidance and developing 

standard protocols for determining when and how reforestation can be best 

achieved as part of the response to catastrophic events; 

(2) clarify agency-wide guidance regarding reforestation in response to catastrophic events to ensure that such guidance is consistent with agency goals 

and budget constraints; and 

(3) clarify agency-wide guidance regarding the development, during the revision of a land and resource management plan, of goals and objectives for catastrophic event recovery to ensure that such guidance addresses catastrophic 

event recovery objectives, by forest type or plant association group, related to 

standing- and down-dead wood, soil and watershed protection, wildlife habitat, 

and other resource values. 

SEC. 108. EFFECT OF TITLE. 

(a) USE OF OTHER AUTHORITIES.—Nothing in this title affects the use by the Secretary concerned of other statutory or administrative authority, including categorical exclusions adopted to implement the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.), to conduct a catastrophic event recovery project or catastrophic event research project, or portion of such a project, that is not conducted 

using the emergency procedures authorized by section 105. 

(b) PREFERENCE FOR LOCAL OPERATORS.—In the manner provided in section 420 

of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109–54; 119 Stat. 553), the Secretary concerned may 

give consideration to local contractors in awarding a Federal contract to implement—

(1) a pre-approved management practice under section 104; or 

(2) a catastrophic event recovery project or catastrophic event research 

project, or portions of such a project, for which the emergency procedures under 

section 105 are used. 

(c) ADVISORY COMMITTEES.—The Federal Advisory Committee Act (5 U.S.C. App.) 

and title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) shall 

not apply to—

(1) the peer review provided by scientific and land management experts under 

section 101(b) or 104(b); 

(2) the monitoring process under section 104(h) or 105(f); and 

(3) the preparation of a catastrophic event recovery evaluation or catastrophic 

event recovery proposal. 


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SEC. 109. STANDARDS FOR TREE RETENTION. 

(a) SNAGS AND DOWNED WOOD.—In planning or conducting any catastrophic event 

recovery project or catastrophic event research project, the Secretary concerned shall 

ensure that—

(1) at a minimum, a distribution of standing snags and downed wood of the 

oldest age class is retained on site necessary to provide habitat for associated 

species through various stages of forest development and to provide a long-term 

nutrient source; and 

(2) within the oldest age class on site, priority is given, to the extent practicable, to retaining the more decay-resistant species. 

(b) EXCEPTION.—Subsection (a) shall not apply in the case of academic research, 

either by an accredited research university or a Forest Service Research Station, or 

when the applicable land and resource management plan contains more restrictive 

guidelines for snags and downed wood. 

(c) PLAN AMENDMENT.—The Secretary concerned may amend a land and resource 

management plan to incorporate snags and downed wood retention guidelines, specific to forest type or plant association group. 

TITLE II—RESTORING LANDSCAPES AND COMMUNITIES IMPACTED BY CATASTROPHIC 

EVENTS 

Subtitle A—Cooperative Forestry Assistance Act 

of 1978 

SEC. 201. ASSISTANCE UNDER COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978 TO RESTORE LANDSCAPES AND COMMUNITIES AFFECTED BY CATASTROPHIC EVENTS. 

(a) ASSISTANCE AUTHORIZED.—Section 10A of the Cooperative Forestry Assistance 

Act of 1978 (16 U.S.C. 2106c) is amended—

(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and 

(2) by inserting after subsection (b) the following new subsection: 

‘‘(c) RESPONSE TO CATASTROPHIC EVENTS AFFECTING NON-FEDERAL LANDS.—

‘‘(1) LANDSCAPE ASSESSMENTS.—At the request of an eligible entity, the Secretary may cooperate with the eligible entity in the preparation of a landscape 

assessment for non-Federal lands affected by a catastrophic event. The Secretary may combine the preparation of a landscape assessment with the preparation of a catastrophic event recovery evaluation under title I of the Forest 

Emergency Recovery and Research Act regarding Federal land in the vicinity 

of the damaged non-Federal land. 

‘‘(2) COMMUNITY ASSESSMENTS.—At the request of an eligible entity affected 

by a catastrophic event, the Secretary may cooperate with the eligible entity in 

the preparation of a community wildfire protection plan or related plan. 

‘‘(3) DECISION TO PROVIDE ASSESSMENT ASSISTANCE.—In response to the request of an eligible entity for assistance under paragraph (1) or (2), the Secretary shall make a decision, within 30 days after receiving the request, whether or not to provide such assistance. The decision rests in the sole discretion 

of the Secretary, but, if the Secretary rejects the request for assistance, the Secretary shall provide the eligible entity with an explanation of the reasons for 

the rejection. 

‘‘(4) TYPES OF ASSISTANCE.—The Secretary concerned may provide technical 

and financial cost-share assistance to an eligible entity—

‘‘(A) to assist in the preparation of a landscape assessment under paragraph (1) or a community wildfire protection plan, community assessment, 

or community action plan under paragraph (2); and 

‘‘(B) to implement special recovery projects identified in the landscape assessment or community wildfire protection plan, community assessment, or 

community action plan. 

‘‘(5) SPECIAL RECOVERY PROJECTS.—Special recovery projects supported under 

paragraph (4)(B) may include projects involving—

‘‘(A) revegetation, tree planting, and other management practices the Secretary determines to be appropriate; 

‘‘(B) developing products from and markets for timber harvested in response to a catastrophic event and remaining forest resources; 


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‘‘(C) training for the local populace for work in connection with catastrophic event recovery; ‘‘(D) repair of forest roads, bridges, and trails and water supply areas affected by a catastrophic event; and ‘‘(E) such other activities as the Secretary determines to be necessary to 

undertake the special recovery project. ‘‘(6) ADDITIONAL FUNDING SOURCES.—Amounts appropriated to the Secretary 

to carry out sections 8 and 10 may be used to provide assistance under this subsection. ‘‘(7) DEFINITIONS.—In this subsection: ‘‘(A) The term ‘eligible entity’ means a State Forester or equivalent State 

official, an Indian tribe, or local government. The term may include community-based organizations and other persons working in conjunction with a 

State Forester or equivalent State official, an Indian tribe, or local government. ‘‘(B) The terms ‘catastrophic event’, ‘landscape assessment’, and ‘special 

recovery project’ have the meanings given those terms in section 3 of the 

Forest Emergency Recovery and Research Act. ‘‘(C) The term ‘community wildfire protection plan’ has the meaning given 

that term in section 101(3) of the Healthy Forest Restoration Act of 2003 

(16 U.S.C. 6511(3)).’’. (b) CLERICAL AMENDMENT.—The heading of such section is amended by inserting 

before the period at the end the following: ‘‘and response to catastrophic events’’. 

Subtitle B—Department of the Interior Assistance 

SEC. 211. RESTORING LANDSCAPES. 

(a) LANDSCAPE ASSESSMENTS.—At the request of an eligible entity, the Secretary 

of the Interior may cooperate with the eligible entity in the preparation of a landscape assessment for non-Federal lands affected by a catastrophic event. The Secretary may combine the preparation of a landscape assessment with the preparation 

of a catastrophic event recovery evaluation under title I regarding Federal land in 

the vicinity of the damaged non-Federal land. 

(b) DECISION TO PROVIDE ASSESSMENT ASSISTANCE.—In response to the request 

of an eligible entity for assistance under subsection (a), the Secretary of the Interior 

shall make a decision, within 30 days after receiving the request, whether or not 

to provide such assistance. The decision rests in the sole discretion of the Secretary, 

but, if the Secretary rejects the request for assistance, the Secretary shall provide 

the eligible entity with an explanation of the reasons for the rejection. 

(c) TYPES OF ASSISTANCE.—The Secretary of the Interior may provide technical 

and financial cost-share assistance to an eligible entity—

(1) to assist in the preparation of a landscape assessment; and 

(2) to implement special recovery projects identified in the landscape assessment. 

(d) SPECIAL RECOVERY PROJECTS.—The Secretary of the Interior may provide assistance under subsection (c)(2) for special recovery projects, including revegetation, 

tree planting, and other practices the Secretary determines to be appropriate. 

SEC. 212. RESTORING COMMUNITIES. 

(a) COMMUNITY ASSESSMENTS.—At the request of an eligible entity affected by a 

catastrophic event, the Secretary of the Interior may cooperate with the eligible entity in the preparation of a community wildfire protection plan or related plan. 

(b) DECISION TO PROVIDE ASSESSMENT ASSISTANCE.—In response to the request 

of an eligible entity for assistance under subsection (a), the Secretary of the Interior 

shall make a decision, within 30 days after receiving the request, whether or not 

to provide such assistance. The decision rests in the sole discretion of the Secretary, 

but, if the Secretary rejects the request for assistance, the Secretary shall provide 

the eligible entity with an explanation of the reasons for the rejection. 

(c) TYPES OF ASSISTANCE.—The Secretary of the Interior may provide technical 

and financial cost-share assistance to an eligible entity—

(1) to assist in the preparation of development of a community wildfire protection plan, a community assessment, or a community action plan; and 

(2) to implement special recovery projects identified in a community wildfire 

protection plan, a community assessment, or a community action plan. 

(d) SPECIAL RECOVERY PROJECTS.—Special recovery projects supported under subsection (c)(2) may include projects involving—

(1) developing products from and markets for timber harvested in response 

to a catastrophic event and remaining forest resources; 


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(2) training for the local populace for work in connection with catastrophic 

event recovery; 

(3) repair of forest roads, bridges, and trails and water supply areas affected 

by a catastrophic event; and 

(4) such other activities as the Secretary determines to be necessary to undertake the special recovery project. 

TITLE III—EXPERIMENTAL FORESTS 

SEC. 301. FINDINGS. 

Congress finds the following: 

(1) The experimental forests established pursuant to section 4 of the Forest 

and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1643) or 

the organic administrative authorities of the Secretary of Agriculture (16 U.S.C. 

551) serve as a natural laboratory for the Forest Service to evaluate management practices generally and specific responses to catastrophic events that can 

be eventually used throughout the National Forest System. 

(2) To build upon the knowledge base to be developed using catastrophic 

events research projects conducted under title I, the Secretary of Agriculture 

should be authorized to use the same authorities provided under sections 104 

and 105 to design and carry out projects in the experimental forests. 

SEC. 302. AVAILABILITY AND USE OF PRE-APPROVED MANAGEMENT PRACTICES ON NATIONAL FOREST EXPERIMENTAL FORESTS. 

Management practices included on the list of pre-approved management practices 

prepared under subsection (a) of section 104 may be implemented, in the manner 

provided by such section, in an experimental forest established pursuant to section 

4 of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 

U.S.C. 1643) or the organic administrative authorities of the Secretary of Agriculture (16 U.S.C. 551). 

SEC. 303. LIMITED CONSIDERATION OF ALTERNATIVES FOR PROJECTS ON NATIONAL FOREST 

EXPERIMENTAL FORESTS. 

Section 105(a) shall apply with respect to any individual activity or a series of activities proposed to be undertaken in an experimental forest established pursuant 

to section 4 of the Forest and Rangeland Renewable Resources Research Act of 1978 

(16 U.S.C. 1643) or the organic administrative authorities of the Secretary of Agriculture (16 U.S.C. 551). 

TITLE IV—GENERAL PROVISIONS 

SEC. 401. REGULATIONS. 

Except as provided in section 106(b), the Secretary concerned is not required to 

promulgate regulations to implement this Act. 

SEC. 402. DEDICATED SOURCE OF FUNDS FOR RESEARCH AND MONITORING. 

(a) SPECIAL ACCOUNT.—The Secretary of the Treasury shall establish a special account in the Treasury for each Secretary concerned. 

(b) DEPOSITS.—Ten percent of the gross proceeds derived by the Secretary concerned from catastrophic event recovery projects and catastrophic event research 

projects conducted by the Secretary concerned under title I shall—

(1) be deposited in the special account established for that Secretary; and 

(2) remain available, without further appropriation and until expended, for 

expenditure as provided in subsection (c). 

(c) RESEARCH-RELATED USE OF SPECIAL ACCOUNTS.—The Secretary concerned 

shall use amounts in the special account established for that Secretary—

(1) to develop research protocols under section 101; 

(2) to prepare and implement catastrophic event research projects; and 

(3) to provide for monitoring under sections 104 and 105. 

(d) RELATION TO OTHER FUNDS.—Amounts in the special account established for 

the Secretary concerned are in addition to other amounts available to that Secretary 

for the purposes described in subsection (c). 

SEC. 403. OTHER FUNDING SOURCES. 

(a) AVAILABILITY OF KNUTSON-VANDENBERG FUNDS.—Section 3 of the Act of June 

9, 1930 (commonly known as the Knutson-Vandenberg Act; 16 U.S.C. 576b), is 

amended—

(1) by striking ‘‘Such deposits shall be covered’’ and inserting the following: 


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‘‘(b) Amounts deposited under subsection (a) shall be covered’’; 

(2) by inserting after ‘‘national park.’’ the following new sentence: ‘‘The Secretary of Agriculture may also use excess amounts to cover the costs of activities of the Secretary under title I of the Forest Emergency Recovery and Research Act.’’; and 

(3) in subsection (c)—

(A) in paragraph (1), by striking ‘‘and’’; 

(B) by redesignating paragraph (2) as paragraph (3); and 

(C) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) the excess amounts will not be needed for activities of the Secretary 

under title I of the Forest Emergency Recovery and Research Act during the 

fiscal year in which the transfer would be made; and’’. 

(b) AVAILABILITY OF FOREST SERVICE SALVAGE SALE FUNDS.—Section 14(h) of the 

National Forest Management Act of 1976 (16 U.S.C. 472a(h)) is amended—

(1) in the fourth sentence, by inserting after ‘‘the purposes for which deposited’’ the following: ‘‘and to cover the costs of activities of the Secretary under 

title I of the Forest Emergency Recovery and Research Act’’; and 

(2) in last proviso, by striking ‘‘for which deposited on any national forest’’

and inserting ‘‘for which deposits of money are available under this subsection’’. 

(c) AVAILABILITY OF BLM REVOLVING FUND DERIVED FROM DISPOSAL OF SALVAGE

TIMBER.—The first paragraph under the headings ‘‘FOREST ECOSYSTEMS HEALTH

AND RECOVERY’’ and ‘‘REVOLVING FUND, SPECIAL ACCOUNT’’ in title I of the Department of the Interior and Related Agencies Appropriations Act, 1993 (Public Law 

102–381; 106 Stat. 1376; 43 U.S.C. 1736a), is amended by adding at the end the 

following new sentence: ‘‘The money in this fund shall likewise be immediately 

available to cover the costs of activities of the Bureau of Land Management under 

title I of the Forest Emergency Recovery and Research Act.’’. 

SEC. 404. EFFECT OF DECLARATION OF MAJOR DISASTER OR EMERGENCY. 

If an area of non-Federal land damaged by a catastrophic event is also covered 

by a declaration by the President under section 401 or 501 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191) that a major 

disaster or emergency exists, the Director of Federal Emergency Management Agency may use funds available for activities under that Act to reimburse the Secretary 

concerned for assistance in that area provided under—

(1) subtitle B of title II; or 

(2) subsection (c) of section 10A of the Cooperative Forestry Assistance Act 

of 1978 (16 U.S.C. 2106c), as added by section 201. 

PURPOSE OF THE BILL

The purpose of H.R. 4200 is to improve the ability of the Secretary of Agriculture and the Secretary of the Interior to promptly 

implement recovery treatments in response to catastrophic events 

affecting Federal lands under their jurisdiction, including the removal of dead and damaged trees and the implementation of reforestation treatments, to support the recovery of non-Federal land 

damaged by catastrophic events, to revitalize Forest Service experimental forests, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

Natural catastrophes such as tornadoes, wind storms, and insect 

epidemics are frequent occurrences in the forests of the United 

States. Large-scale catastrophic wildfires have become more common in recent years and are expected to continue until the general 

health of federal forests is restored. With approximately 190 million acres of federal land at high risk of catastrophic fire, restoration of forests will take many years. Under current authorities and 

time lines, recovery projects often take so long as to eliminate any 

economic benefits—lost revenues that could otherwise help pay for 

restoration and reforestation. Rapid assessment of damage, quick 

action, and funding are needed following catastrophic events to restore landscapes and avoid adding to the reforestation backlog. 


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Furthermore, research is needed on the effects and effectiveness of 

some post-catastrophe treatments. The Healthy Forests Restoration 

Act (HFRA) gave land managers the tools they needed to conduct 

hazardous fuels reduction projects, preventing wildfires, protecting 

communities, and restoring forest health, but it did not address rehabilitation after catastrophic events. H.R. 4200 would fill that 

void. 

POST CATASTROPHIC EVENT RECOVERY PROPOSAL AND PROJECT

Post-catastrophic event recovery proposals and projects cover 

land managed by the Forest Service of the Department of Agriculture and the Bureau of Land Management of the Department of 

the Interior. A catastrophic event is defined as: regardless of cause, 

any fire, flood, explosion or natural disaster (including a hurricane, 

tornado, windstorm, snow or ice storm, rain storm, high water, 

wind-driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, drought, or insect and disease outbreak) that has 

or will cause significant damage to federal or non-federal land. Catastrophic events over 1,000 acres require a catastrophic event recovery evaluation by an interdisciplinary team of scientists and 

managers, completed in 30 days (or longer for unusually complex 

situations), which will determine whether expedited processes are 

necessary (in other words, if it is truly an emergency), or if current 

authorities are sufficient for recovery. Flexibility for insect and disease outbreaks are also provided in the time lines. Events affecting 

250–1,000 acres may be, but are not required to be, evaluated. Following this rapid evaluation, the legislation does not require any 

further agency action. No timber harvest is required or mandated 

by H.R. 4200, and any action taken on an area must be consistent 

with the applicable forest or resource management plan. 

If it is determined that prompt action is needed, the agencies 

have two possible options: (1) the use of pre-approved management 

practices; or (2) emergency procedures. Pre-approved management 

practices are essentially ‘‘best-management practices’’ for certain 

catastrophic events on certain forest types (for example: hurricanes 

in the southeast, ice storms in the Appalachians, tornadoes in the 

Allegheny, or fire in the northern Rockies). This includes catastrophic events that are somewhat common and in which there is 

applicable scientific research. A list of management practices would 

be developed through an agency rule making process, including notice and comment, and independent, third-party peer review. Instead of using agency time and resources on further analysis, preapproved management practices could be implemented after the 

evaluation and subsequent decision document (totaling 60 days 

maximum—30 days for the evaluation and proposal and 30 days 

for the decision document). 

Emergency procedures could be used in areas that do not have 

pre-approved management practices available. In this case, after 

the post-catastrophic event proposal is made public (again, completed within 30 days of the catastrophic event), the agency would 

receive another 90 days to publish a decision document. The decision document would include a rationale for the action, economic 

analysis and justification, and a statement of the environmental effects of the action and how beneficial effects will be enhanced and 


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adverse effects mitigated or minimized. Once the decision document is published, project implementation begins. 

PUBLIC INVOLVEMENT

H.R. 4200 is designed to retain public involvement opportunities. 

Both use of pre-approved management practices and emergency 

procedures require public collaboration and notice, an analysis of 

the potential environmental effects and how beneficial effects may 

be enhanced and adverse effects minimized and mitigated, considering at a minimum forest type or plant association group, standing and down dead wood, watershed, water quality, wildlife habitat, and soils. H.R. 4200 emphasizes collaboration and cooperation 

with States, local governments, tribes, and others. The pubic will 

also have an opportunity to protest a proposed action. Agencies are 

allowed to give preference to local contractors for implementing 

projects. To the extent that Community Wildfire Protection Plans 

(as authorized in HFRA) address post-fire management plans, the 

agencies are required to consider them in developing projects. 

PROHIBITIONS

All proposed actions must be consistent with applicable forest or 

resource land management plans. The Forest Service and the Bureau of Land Management must consider standing and downed 

wood retention for wildlife habitat. Tree removal is limited to trees 

that are downed, dead, broken, or severely root-sprung, where tree 

mortality is highly probable within five years (this is a Forest Service term of art), and where removal is necessary for worker or public safety. Permanent road building is prohibited and temporary 

roads must be reclaimed after the completion of the project. H.R. 

4200 does not apply to Congressionally-designated wilderness areas 

or national monuments. 

COMPLIANCE WITH ENVIRONMENTAL LAWS

H.R. 4200 complies with all environmental laws. Pre-approved 

management practices and emergency procedures, as outlined previously, would satisfy the National Environmental Policy Act if 

they are deemed necessary after an evaluation. The agency is required to study only two alternatives—the proposed action and no 

action. An analysis is required of the potential environmental effects and how such effects will be minimized and mitigated, considering at a minimum forest type or plant association group, standing and down dead wood, watershed, water quality, wildlife habitat, and soils. For compliance with Section 7 consultation under the 

Endangered Species Act (ESA), the agencies may use the emergency procedures as provided under ESA regulations. Additionally, 

projects must comply with all other environmental laws, including 

the National Historic Preservation Act and the Federal Water Pollution Control Act, and any consultation or compliance required 

under such laws. Consultation or compliance under such laws may 

proceed simultaneously with the implementation of the project. If 

consultation is not completed once the project begins, results of the 

consultation must be immediately incorporated into the project. 


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APPEALS AND REVIEW

H.R. 4200 mirrors the administrative appeals and judicial review 

processes implemented under the Healthy Forests Restoration Act, 

ensuring full public administrative and legal recourse. It also requires, just as HFRA, that the federal judiciary periodically review 

any preliminary injunctions issued against a project, or rule on the 

merits of the case. Additionally, it directs the Courts to consider 

the long-term environmental consequences associated with management inaction as compared to the potential short-term impacts 

of project implementation. 

RESEARCH

H.R. 4200 also includes a significant research component. While 

there is a great deal of practical knowledge on actions that work 

best to rehabilitate land after catastrophic events, there is a lack 

of published research in some areas. This bill promotes research 

projects to be carried out in conjunction with, or independent of, 

catastrophic event recovery projects to fill these gaps in knowledge. 

It also requires the development of pre-approved management 

practices (as discussed previously). The agencies are required to 

work with universities and colleges in the development of research. 

Research conducted under the Act must be peer reviewed by independent, third-party scientific and land management experts, and 

made available to the public. 

STATE AND PRIVATE LANDOWNER ASSISTANCE

H.R. 4200 amends the Cooperative Forestry Assistance Act of 

1978 by allowing the agencies to work with State foresters, tribes, 

local government, community-based groups, and/or individuals to 

conduct a landscape assessment on non-federal land after a catastrophic event. Both technical and financial cost-share assistance 

may be made available for recovery projects on non-federal land if 

assistance is requested. The agencies may also assist both technically and financially in the preparation of a community wildfire 

protection plan (as defined in HFRA). 

FUNDING

H.R. 4200 makes current funding more flexible for agency use 

and also creates a special account devoted to developing research 

protocols, research projects, and monitoring such projects. This 

dedicated fund will ensure that funding for research and monitoring will be available and useful for an adaptive management approach. Additionally, the Knutson Vandenberg Fund (from green 

timber sales), the Forest Service Salvage Fund (from salvage sales), 

and the Bureau of Land Management’s Revolving Fund Derived 

from Disposal of Salvage Timber (salvage sales) could also be used 

to pay for projects. Finally, Federal Emergency Management Agency may reimburse the agencies for any assistance they provide to 

non-federal land designated as a federal disaster area. 

COMMITTEE ACTION

H.R. 4200 was introduced on November 2, 2005, by Congressman 

Greg Walden (R–OR). The bill was referred primarily to the ComVerDate Aug 31 2005 21:38 May 06, 2006 Jkt 049006 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\HR451P1.XXX HR451P1

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mittee on Resources, and within the Committee to the Subcommittee on Forest and Forest Health. The bill was additionally 

referred to the Committee on Agriculture and the Committee on 

Transportation and Infrastructure. On November 10, 2005, the Forests Subcommittee held a hearing on the bill. The Full Resources 

Committee initially met on March 15, 2006, to consider the bill; the 

markup was concluded on March 29, 2006. Congressman Walden 

offered an amendment in the nature of a substitute making several 

technical and some substantive changes to incorporate several recommendations and needed revisions. Congressman Nick J. Rahall 

II (D–WV) offered an amendment to the amendment that would 

have prohibited the use of emergency ESA consultation. It was not 

adopted by a roll call vote of 13 to 23, as follows: 


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Congressman Rahall offered another amendment to the amendment that would have prohibited expedited consultation required 

under other environmental laws. It was not adopted by a roll call 

vote of 14 to 23, as follows: 


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Congressman Flake (R–AZ) offered an amendment to the amendment requiring an estimate of the likely revenues lost if action is 

not taken in a timely manner. It was adopted by a voice vote. Congressman Tom Udall (D–NM) offered an amendment to the amendment requiring the Secretary to reject pre-approved management 

practices unless the Secretary can prove there would be no fire 

risks and no seedling mortality. The amendment was not agreed to 

by a roll call vote of 13 to 23, as follows: 


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Congressman Tom Udall offered another amendment requiring 

full National Environmental Policy Act compliance for projects authorized. The amendment was not agreed to by a roll call vote of 

13 to 24, as follows: 


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Congressman DeFazio (D–OR) offered three amendments en bloc 

to the amendment that would have required forest plan amendments for specific pre-approved management practices, mandated 

stringent standards for tree retention and eliminated all public 

lands from the authorities in the bill except for those where timber 

production is the primary objective. The en bloc amendment was 

not adopted by a roll call vote of 13 to 25, as follows: 


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Congressman Jay Inslee (D–WA) offered two amendments en 

bloc to the amendment that would have prohibited projects in 

roadless areas and re-directed half of the funds in the Salvage Sale 

Fund to be used on decommissioning forest roads. The en bloc 

amendment failed by voice vote. Congresswoman Stephanie 

Herseth (D–SD) offered an amendment to the amendment that 

would require standards for tree retention of dead and downed 

wood for wildlife habitat and soil conservation. The amendment 

was agreed to by voice vote. 

On behalf of Congressman Mark Udall (D–CO), Congressman 

Tom Udall offered an amendment exempting certain management 

areas from the bill. The amendment was not agreed to by a roll call 

vote of 13 to 25, as follows: 


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Congressman Walden’s amendment in the nature of a substitute, 

as amended, was adopted by a voice vote. The bill as amended was 

then ordered favorably reported to the House of Representatives by 

a roll call vote of 25 to 13, as follows: 


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SECTION-BY-SECTION ANALYSIS

Section 1. Short title and table of contents 

This Act may be cited as the ‘‘Forest Emergency Recovery and 

Research Act.’’

Section 2. Findings 

This section provides findings for the Act. 

Section 3. Definitions 

Among other terms, the Act defines: 

‘‘Catastrophic event’’—Regardless of cause, any fire, flood, explosion or natural disaster (including a hurricane, tornado, windstorm, 

snow or ice storm, rain storm, high water, wind-driven water, tidal 

wave, earthquake, volcanic eruption, landslide, mudslide, drought, 

or insect and disease outbreak) that has or will cause significant 

damage to federal or non-federal land. 

‘‘Catastrophic event recovery’’—The emergency stabilization, rehabilitation, restoration and reforestation that is undertaken in response to a catastrophic event. Reforestation is limited to native or 

beneficial plants (consistent with the land management plan) to 

avoid the creation of plantation forests. 

‘‘Catastrophic event recovery evaluation’’—The evaluation conducted in accordance with Section 102 of the Act. 

‘‘Catastrophic event recovery proposal’’—The list and brief description of catastrophic event recovery projects or research projects 

and pre-approved management practices that are recommended to 

rehabilitate the land. 

‘‘Catastrophic event recovery project’’—The activities identified in 

the catastrophic event recovery proposal that will be implemented 

to promote recovery of the affected land. 

‘‘Catastrophic event research project’’—The scientifically-designed 

study of the effects and effectiveness of catastrophic event recovery 

and emergency stabilization treatments for an area affected by a 

catastrophic event. 

‘‘Federal land’’—National Forest or Bureau of Land Management 

land. Wilderness areas and National Monuments are not included. 

‘‘Pre-approved management practice’’—A management practice 

under Section 104(a) that may be immediately implemented as part 

of a catastrophic event recovery or research project to facilitate recovery of the affected land. Such pre-approved management practices would be created through a rule making process for certain 

forest types, plant association groups or geographic areas where extensive research has been conducted resulting in generally agreed 

upon best management practices. 

‘‘Special recovery project’’—For non-federal land, the activities 

proposed to promote recovery of the affected area. 

TITLE I—RESPONSE TO CATASTROPHIC EVENTS ON 

FEDERAL LANDS 

Section 101. Development of research protocols and use in catastrophic event research projects 

This section directs the relevant Secretary to develop research 

protocols through improved knowledge and research (which may be 


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done independently or in conjunction with a catastrophic event recovery project) on catastrophic event recovery and emergency stabilization. The objective of the protocols is to increase the long-term 

benefits of management activities and decrease short-term impacts 

of the catastrophic event. The protocols developed through the rule 

making process would undergo independent, third-party peer review, must be reported to Congress 180 days after enactment and 

must be made available to the public. The relevant Secretary must 

also enter into cooperative agreements with land-grant universities 

for research. 

Section 102. Catastrophic event recovery evaluations 

Catastrophic events over 1,000 acres require a catastrophic event 

recovery evaluation. Catastrophic events of more than 250 acres 

but less than 1,000 acres may (but are not required) be evaluated. 

The evaluation must be completed in 30 days from the conclusion 

of the event and include a description of the event and recovery 

needs, a determination of research projects or protocols that best 

fit the event, a proposal containing the recovery and/or research 

project, map of the affected area, a preliminary funding estimate, 

a preliminary estimate of the receipts, and a preliminary schedule 

showing the timing of the project. The Secretary may extend catastrophic event evaluations beyond 30 days if necessary for unusually complex events. 

The Secretary must then determine if pre-approved management 

practices can be implemented (Section 104) or if the use of emergency procedures (Section 105) is needed. In making the determination the Secretary must consider (but is not limited to) the 

need for prompt response, the recovery needs and opportunities, 

the threat to public health and safety, and the likelihood of substantial loss to adjacent private or federal property or other economic loss. The Secretary has sole discretion for the determination, 

but is required to notify and may consult with the Council on Environmental Quality. 

The Secretary is required to use an interdisciplinary approach 

ensuring the use of both natural and social sciences, may coordinate with other landscape assessments for adjacent non-federal 

land in need of recovery and must collaborate with State and local 

governments, Indian Tribes, land-grant universities, and interested 

persons in the development of the evaluation and proposal. 

The Secretary is required to provide public notice of each evaluation (including the recovery proposal) and must also provide notice 

of public meetings in a manner determined by the Secretary (such 

as publication in the Federal Register). 

Section 103. Compliance with the National Environmental Policy 

Act 

Except as provided by emergency procedures (Section 105) and 

pre-approved management practices (in which a post-catastrophic 

event evaluation must be done under Section 104) all projects must 

comply with the National Environmental Policy Act (NEPA). For 

emergency procedures, Section 105 would satisfy NEPA (this includes the evaluation, project proposal, notice, and appeals). The 

decision documents required in Sections 104 and 105 must have an 


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analysis of the environmental effects and how these effects would 

be mitigated or minimized. 

Section 104. Availability and use of pre-approved management 

practices 

The Secretary is directed to prepare a list of management practices that may be immediately implemented (after a post-catastrophic evaluation) as part of a recovery or research project to rehabilitate the affected land. Before a management practice is included on the list, it must be peer reviewed (by independent, third 

parties) and developed using standard public notice and comment 

rule making. The Secretary may amend or revise the list as necessary. 

Permanent road building is prohibited; only temporary roads 

may be constructed and must be removed upon completion of the 

project. Timber harvesting is limited to trees that are down, dead, 

broken, or severely root sprung, where mortality is highly probable 

within five years of the event and where removal is necessary for 

worker or public safety. 

For compliance with consultation under the Endangered Species 

Act (ESA), the Secretary may use emergency procedures as provided under ESA regulations. Consultation required under other 

laws (such as the National Historic Preservation Act or the Federal 

Water Pollution Control Act) may proceed simultaneously with the 

implementation of the pre-approved management practice. Results 

of the consultation must be immediately incorporated into the 

project. No laws are exempted. 

A decision document must be issued not more than 30 days after 

the completion of the evaluation and must be immediately implemented. The decision document shall include: a description of the 

pre-approved management practice to be implemented, the rationale for the agency decision, an economic analysis and justification, 

and an analysis of the environmental effects of the management 

practice and how the effects will be minimized or mitigated consistent with the land management plan. As part of the analysis the 

Secretary must consider the forest type or plant association group, 

standing and down dead wood, watershed, water quality, wildlife 

habitat, and soils applicable to the damaged federal land. The Secretary may establish third-party monitoring. 

Section 105. Availability and use of emergency procedures 

If the Secretary utilizes emergency procedures to conduct a recovery or research project, the Secretary is not required to study 

or develop more than the proposed agency action and the alternative of no action under NEPA. Emergency procedures may not be 

used to construct permanent roads, and timber harvesting is limited to down/dead/severely root sprung trees, etc. (as described earlier in Section 104). ESA consultation and other consultations are 

the same as described in Section 104. 

A decision document must be issued and immediately implemented no later than 90 days after the evaluation has been completed. The decision document must contain: a rationale for the 

agency decision, an economic analysis and justification, and a 

statement of the significant environmental effects of the action and 

how such impacts will be minimized or mitigated consistent with 


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the land management plan. As part of the analysis the Secretary 

must consider the forest type or plant association group, standing 

and down dead wood, watershed, water quality, wildlife habitat, 

and soils applicable to the damaged federal land. The Secretary 

may establish third-party monitoring. 

Section 106. Administrative and judicial review 

Except as provided for in Section 106(b), nothing in this title affects the Administrative Reform Act (notice, comments and appeals) or any legal action under law. 

A person may seek administrative review through the predecisional appeals process similar to the Healthy Forests Restoration Act (HFRA) on pre-approved management projects (Section 

104) and catastrophic event recovery or research projects (Section 

105). Regulations will be promulgated for this process (both interim 

and final) and are subject to public notice and comment. 

A person may seek judicial review under HFRA authorities (only 

after administrative review has been exhausted). Any attorneys’

fees awarded to prevailing parties under the Equal Access to Justice Act may not exceed the hourly rates of a venue’s public defenders. 

Section 107. Guidance regarding reforestation in response to catastrophic events 

The Secretary is required to standardize the collection and reporting of reforestation needs in response to catastrophic events 

through guidance. This guidance must be consistent with agency 

goals and budget. 

Section 108. Effect of title 

Nothing in Title I affects the relevant Secretary’s use of other 

statutory or administrative authorities (including those under 

NEPA) to conduct a catastrophic event recovery project or catastrophic event research project, that is not conducted under emergency procedures (Section 105). The Secretary may give preference 

to local operators for projects/contracts authorized in this bill. The 

Federal Advisory Committee Act shall not apply for the peer review 

(Section 101(b)), the monitoring process (Section 104(h) or 105(f)) 

and the preparation of a catastrophic event recovery or research 

evaluation. 

TITLE II—RESTORING LANDSCAPES AND COMMUNITIES 

IMPACTED BY CATASTROPHIC EVENTS 

Subtitle A—Cooperative Forestry Assistance Act of 1978 

Section 201. Assistance under Cooperative Forestry Assistance Act of 

1978 to restore landscapes and communities affected by catastrophic events 

This section amends the Cooperative Forestry Assistance Act of 

1978 by authorizing the Secretary to cooperate with an eligible entity at their request (State Forester, Indian Tribe, local government, community based organization or person) on a landscape assessment on non-federal land affected by a catastrophic event or for 

a community wildfire protection plan. The Secretary must make a 


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decision within 30 days and if the request is rejected, the Secretary 

must provide an explanation. The Secretary may provide both technical and financial cost-share assistance as well as assistance for 

community wildfire protection plans, landscape assessments and 

special recovery projects (revegetation, tree planting, product development from fire timber harvest, local workforce training and repair of public facilities). 

Subtitle B—Department of the Interior Assistance 

Section 211. Restoring landscapes 

This section authorizes the Secretary of the Interior to cooperate 

with an eligible entity at their request (State Forester, Indian 

Tribe, local government, community based organization or person) 

on a landscape assessment for an area affected by a catastrophic 

event. The Secretary must make a decision within 30 days and if 

the request is rejected, the Secretary must provide an explanation. 

The Secretary may provide both technical and financial cost-share 

assistance as well as assistance for community wildfire protection 

plans, landscape assessments and special recovery projects (revegetation, tree planting, product development from fire timber harvest, 

local workforce training and repair of public facilities). 

The Secretary may cooperate with an eligible entity to assist in 

the preparation of a community wildfire protection plan and may 

provide technical and financial cost-share assistance as well as assistance for special recovery projects. 

TITLE III—EXPERIMENTAL FORESTS 

Section 301. Findings 

This section provides findings for the title. 

Section 302. Availability and use of pre-approved management 

practices on National Forest experimental forests 

This section authorizes the use of pre-approved management 

practices on experimental forests. 

Section 303. Limited consideration of alternatives for projects on 

National Forest experimental forests 

This section authorizes the use of emergency procedures (Section 

105) in experimental forests. 

TITLE IV—GENERAL PROVISIONS 

Section 401. Regulations 

Except as provides in Section 106(b) (pre-decisional appeals process), the Secretary is not required to promulgate regulations to implement this Act. 

Section 402. Dedicated source of funds for research and monitoring 

A special account is established for the development of research 

protocols (Section 101), and preparing and implementing catastrophic event research projects and monitoring under Sections 104 

and 105. The account will be funded from 10% of the revenues generated from a catastrophic event recovery or research project. 


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Section 403. Other funding sources 

The Knutson-Vandenberg Fund (from green timber sales), the 

Forest Service Salvage Fund (from salvage sales), and the Bureau 

Of Land Management’s Revolving Fund Derived from Disposal of 

Salvage Timber (salvage sales) are amended to allow the agencies 

the flexibility to use those funds for pre-approved management 

practices and post catastrophic event recovery and research 

projects. 

Section 404. Effect of declaration of major disaster or emergency 

The Federal Emergency Management Agency may reimburse the 

Secretary concerned for any assistance provided to non-federal land 

designated as a federal disaster area. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of Rule X and clause 3(c)(1) of Rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(2) of Rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that Rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of 

Rule XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, credit authority, or an increase 

or decrease in revenues or tax expenditures. According to the Congressional Budget Office, enactment of this bill would increase direct spending by $5 million in fiscal year 2007, but would reduce 

it by $21 million over the 2007–2011 period and by $23 million 

over the 2007–2016 period. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of Rule XIII of the Rules of the House of Representatives, the general performance goal or objective of this bill is to improve the ability of the Secretary of Agriculture and the Secretary 

of the Interior to promptly implement recovery treatments in response to catastrophic events affecting Federal lands under their 

jurisdiction, including the removal of dead and damaged trees and 

the implementation of reforestation treatments, to support the recovery of non-Federal land damaged by catastrophic events, to revitalize Forest Service experimental forests. 


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4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of Rule XIII of the Rules of the House of Representatives 

and section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, April 25, 2006. 

Hon. RICHARD W. POMBO, Chairman, Committee on Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4200, the Forest Emergency Recovery and Research Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

DONALD B. MARRON, 

Acting Director. 

Enclosure. 

H.R. 4200—Forest Emergency Recovery and Research Act 

Summary: H.R. 4200 would establish new procedures for responding to catastrophic events causing damage to certain federal 

land. The legislation would direct the Secretaries of Agriculture 

and the Interior to establish research protocols for assessing methods of restoring federal land following such events and would specify expedited procedures for implementing projects to rehabilitate 

that land, which could include timber harvests. 

CBO expects that enacting H.R. 4200 would increase direct 

spending by $5 million in 2007, but would reduce it by $21 million 

over the 2007–2011 period and by $23 million over the 2007–2016 

period. Enacting the bill would not affect revenues. 

H.R. 4200 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

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

Federal assistance authorized by this bill would benefit state, local, 

and tribal governments. 

Estimated cost to the Federal Government: For this estimate, 

CBO assumes that H.R. 4200 will be enacted near the start of fiscal year 2007. The estimated budgetary impact of H.R. 4200 is 

shown in the following table. The costs of this legislation fall within budget function 300 (natural resources and environment) and 

800 (general government). 

By fiscal year, in millions of dollars— 

2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 

CHANGES IN DIRECT SPENDING 

Research Protocols and Pre-Approved Management Practices: 

Estimated Budget Authority 0 0 0 0 0 0 0 0 0 0 

Estimated Outlays ................ 5 ¥1 ¥2 ¥2 0 0 0 0 0 0 

Receipts from Timber Salvage 

Sales: 

Estimated Budget Authority 0 ¥4 ¥9 ¥15 ¥15 ¥15 ¥16 ¥16 ¥16 ¥16 


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By fiscal year, in millions of dollars—

2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 

Estimated Outlays ................ 0 ¥4 ¥9 ¥15 ¥15 ¥15 ¥16 ¥16 ¥16 ¥16 

Spending of Receipts from Timber 

Salvage Sales: 

Estimated Budget Authority 0 3 7 11 11 11 12 12 12 12 

Estimated Outlays ................ 0 0 2 5 8 10 11 12 12 12 

Payments to States: 

Estimated Budget Authority 0 1 2 4 4 4 4 4 4 4 

Estimated Outlays ................ 0 0 1 2 4 4 4 4 4 4 

Total: 

Estimated Budget Authority 0 0 0 0 0 0 0 0 0 0 

Estimated Outlays ................ 5 ¥5 ¥8 ¥10 ¥3 ¥1 ¥1 0 0 0 

Note: *=less than $500,000. 

Basis of estimate: H.R. 4200 would establish new procedures to 

expedite projects to stabilize and rehabilitate federal land following 

catastrophic events such as fires, floods, explosions, and other disasters that cause significant damage. Such projects might include 

removing damaged, diseased, or insect-infested forest vegetation to 

improve the health of such land. Under the bill, the Secretaries of 

Agriculture and the Interior would have discretion over when to 

use those expedited procedures to accelerate the implementation of 

certain projects which, in some cases, could include the sale of salvageable timber that has been damaged by qualifying catastrophic 

events. 

CBO estimates that enacting H.R. 4200 would increase direct 

spending by $5 million in 2007, but would reduce it by $21 million 

over the 2007–2011 period and by $23 million over the 2007–2016 

period. The 2007 cost includes developing research protocols and 

lists of pre-approved management practices that would form the 

basis for using new expediting procedures specified in the bill. Over 

the 2008–2016 period. CBO estimates that those expedited procedures would result in a net increase in offsetting receipts (a credit 

against direct spending) from the sale of salvageable timber and 

that those increased receipts would be partially offset by increased 

direct spending for related activities. We also expect that increasing receipts from such sales would increase direct spending for payments to states in which those receipts are generated. 

Research protocols and pre-approved management practices 

The bill would direct the two Secretaries to develop research protocols to determine the effectiveness of land management practices 

following catastrophic events. To complete that task, the Secretaries could enter into cooperative agreements with land-grant colleges and universities. The bill also would direct the Secretaries to 

prepare lists of pre-approved management practices that could be 

implemented immediately after a catastrophic event. 

Based on information from the Forest Service and the Department of the Interior (DOI), CBO estimates that developing the required protocols and lists would cost $5 million in 2007. Although 

H.R. 4200 would not provide new funding for those activities, the 

legislative would allow the Secretaries to use existing balances 

from a variety of permanently appropriated funds to complete the 

proposed tasks. Under current law, we expect those funds would be 

spent over several years starting in 2008. Thus, relative to current 

law, we expect that enacting H.R. 4200 would increase direct 


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spending by $5 million in 2007, but that increase would be fully 

offset by forgone spending over the 2008–2010 period. 

Receipts from timber salvage sales 

CBO estimates that allowing the Secretaries to use expedited 

procedures to implement land management practices following 

qualified catastrophic events would increase offsetting receipts 

from the sale of salvageable timber. CBO expects the proposed procedures would allow the agencies to hold such sales at least several 

months and possibly years sooner than under current law. According to the Forest Service and DOI, holding those sales before the 

damaged timber begins to substantially deteriorate would increase 

the value and volume of salvageable timber, thereby increasing the 

amount that timber harvesters would be willing to pay for it. 

Under current law, CBO estimates that receipts from salvage sales following catastrophic events average between $35 million 

and $40 million annually. Based on information from the Forest 

Service about rates of deterioration and other key factors, CBO estimates that accelerating salvage sales under H.R. 4200 would increase proceeds from those sales, on average, by about 40 percent. 

Assuming the agencies would phase in the use of the new procedures over several years, we estimate that increases in receipts 

would begin in 2008 and total $122 million over the 2008–2016 period. 

Spending of receipts from timber salvage sales 

Under H.R. 4200, increased receipts could be spent to update research protocols required under the bill, prepare and implement 

projects following catastrophic events, and monitor the effectiveness of such projects. Based on historical spending patters for such 

activities, we expect that there would be a lag between when receipts are collected and subsequently spent. We estimate that 

spending of increased salvage receipts would total $72 million over 

the 2008–2016 period. 

Increased payments to states 

Under current law, states receive payments based on the level of 

receipts generated from federal timber sales that occur within their 

boundaries. Starting in fiscal year 2008, states will receive payments equal to 25 percent of receipts generated in the previous 

year. For this estimate, we assume that receipt-sharing formula 

would apply to the increased proceeds from the sale of salvageable 

timber under H.R. 4200. 

Because the Forest Service and DOI have authority to spend 100 

percent of receipts from timber salvage sales for restoration activities, the source of funding for payments to states is unclear. For 

this estimate, however, CBO assumes that the two agencies would 

control spending on restoration activities and use some of the new 

receipts generated under H.R. 4200 to make those payments, which 

we estimate would cost $27 million over the 2009–2016 period. 

Intergovernmental and private-sector impact: H.R. 4200 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. Federal assistance authorized by this would benefit state, 

local, and tribal governments. 


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Estimate prepared by: Federal Costs: Megan Carroll; Impact on 

State, Local, and Tribal Governments: Marjorie Miller; Impact on 

the Private Sector: Craig Cammarata. 

Estimate approved by: Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

SECTION 10A OF THE COOPERATIVE FORESTRY 

ASSISTANCE ACT OF 1978 

SEC. 10A. ENHANCED COMMUNITY FIRE PROTECTION AND RESPONSE 

TO CATASTROPHIC EVENTS. 

(a) * * * 

* * * * * * * 

(c) RESPONSE TO CATASTROPHIC EVENTS AFFECTING NON-FEDERAL LANDS.—

(1) LANDSCAPE ASSESSMENTS.—At the request of an eligible 

entity, the Secretary may cooperate with the eligible entity in 

the preparation of a landscape assessment for non-Federal 

lands affected by a catastrophic event. The Secretary may combine the preparation of a landscape assessment with the preparation of a catastrophic event recovery evaluation under title I 

of the Forest Emergency Recovery and Research Act regarding 

Federal land in the vicinity of the damaged non-Federal land. 

(2) COMMUNITY ASSESSMENTS.—At the request of an eligible 

entity affected by a catastrophic event, the Secretary may cooperate with the eligible entity in the preparation of a community wildfire protection plan or related plan. 

(3) DECISION TO PROVIDE ASSESSMENT ASSISTANCE.—In response to the request of an eligible entity for assistance under 

paragraph (1) or (2), the Secretary shall make a decision, within 30 days after receiving the request, whether or not to provide 

such assistance. The decision rests in the sole discretion of the 

Secretary, but, if the Secretary rejects the request for assistance, 

the Secretary shall provide the eligible entity with an explanation of the reasons for the rejection. 

(4) TYPES OF ASSISTANCE.—The Secretary concerned may provide technical and financial cost-share assistance to an eligible 

entity—

(A) to assist in the preparation of a landscape assessment 

under paragraph (1) or a community wildfire protection 


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plan, community assessment, or community action plan 

under paragraph (2); and 

(B) to implement special recovery projects identified in 

the landscape assessment or community wildfire protection 

plan, community assessment, or community action plan. 

(5) SPECIAL RECOVERY PROJECTS.—Special recovery projects 

supported under paragraph (4)(B) may include projects involving— (A) revegetation, tree planting, and other management 

practices the Secretary determines to be appropriate; 

(B) developing products from and markets for timber 

harvested in response to a catastrophic event and remaining forest resources; 

(C) training for the local populace for work in connection 

with catastrophic event recovery; 

(D) repair of forest roads, bridges, and trails and water 

supply areas affected by a catastrophic event; and 

(E) such other activities as the Secretary determines to be 

necessary to undertake the special recovery project. 

(6) ADDITIONAL FUNDING SOURCES.—Amounts appropriated to 

the Secretary to carry out sections 8 and 10 may be used to provide assistance under this subsection. 

(7) DEFINITIONS.—In this subsection: 

(A) The term ‘‘eligible entity’’ means a State Forester or 

equivalent State official, an Indian tribe, or local government. The term may include community-based organizations and other persons working in conjunction with a 

State Forester or equivalent State official, an Indian tribe, 

or local government. 

(B) The terms ‘‘catastrophic event’’, ‘‘landscape assessment’’, and ‘‘special recovery project’’ have the meanings 

given those terms in section 3 of the Forest Emergency Recovery and Research Act. 

(C) The term ‘‘community wildfire protection plan’’ has 

the meaning given that term in section 101(3) of the 

Healthy Forest Restoration Act of 2003 (16 U.S.C. 6511(3)). 

ø(c)¿ (d) CONSULTATION.—In carrying out this section, the Secretary shall consult with the Administrator of the United States 

Fire Administration, the Director of the National Institute of 

Standards and Technology, and the heads of other Federal agencies, as necessary. 

ø(d)¿ (e) AUTHORIZATION OF APPROPRIATIONS.—There are hereby 

authorized to be appropriated to the Secretary to carry out this section— (1) * * * 

* * * * * * * 

ACT OF JUNE 9, 1930 

(Commonly known as the Knutson-Vandenberg Act) 

CHAP. 416.—AN ACT Authorizing the Secretary of Agriculture to enlarge 

treeplanting operations on national forests, and for other purposes. 

* * * * * * * 


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SEC. 3. (a) The Secretary of Agriculture may, when in his or her 

judgment such action will be in the public interest, require any 

purchaser of national-forest timber to make deposits of money, in 

addition to the payments for the timber, to cover the cost to the 

United States of (1) planting (including the production or purchase 

of young trees), (2) sowing with tree seeds (including the collection 

or purchase of such seeds), (3) cutting, destroying, or otherwise removing undesirable trees or other growth, on the national-forest 

land cut over by the purchaser, in order to improve the future 

stand of timber, (4) protecting and improving the future productivity of the renewable resources of the forest land on such sale 

area, including sale area improvement operations maintenance and 

construction, reforestation and wildlife habitat management, or (5) 

watershed restoration, wildlife habitat improvement, control of insects, disease and noxious weeds, community protection activities, 

and the maintenance of forest roads, within the Forest Service region in which the timber sale occurred: Provided, That such activities may be performed through the use of contracts, forest product 

sales, and cooperative agreements. øSuch deposits shall be covered¿ 

(b) Amounts deposited under subsection (a) shall be covered into 

the Treasury and shall constitute a special fund, which is hereby 

appropriated and made available until expended, to cover the cost 

to the United States of such tree planting, seed sowing, and forest 

improvement work, as the Secretary of Agriculture may direct: Provided, That any portion of any deposit found to be in excess of the 

cost of doing said work shall, upon the determination that it is so 

in excess, be transferred to miscellaneous receipts forest reserve 

fund, as a national-forest receipt of the fiscal year in which such 

transfer is made: Provide further, That the Secretary of Agriculture 

is authorized, upon application of the Secretary of the Interior, to 

furnish seedlings and/or young trees for replanting of burned-over 

areas in any national park. The Secretary of Agriculture may also 

use excess amounts to cover the costs of activities of the Secretary 

under title I of the Forest Emergency Recovery and Research Act. 

(c) Any portion of the balance at the end of a fiscal year in the 

special fund established pursuant to this section that the Secretary 

of Agriculture determines to be in excess of the cost of doing work 

described in subsection (a) (as well as any portion of the balance 

in the special fund that the Secretary determined, before October 

1, 2004, to be excess of the cost of doing work described in subsection (a), but which has not been transferred by that date) shall 

be transferred to miscellaneous receipts, National Forest Fund, as 

a National Forest receipt, but only if the Secretary also determines 

that—

(1) the excess amounts will not be needed for emergency 

wildfire suppression during the fiscal year in which the transfer would be made; øand¿ 

(2) the excess amounts will not be needed for activities of the 

Secretary under title I of the Forest Emergency Recovery and 

Research Act during the fiscal year in which the transfer would 

be made; and 

ø(2)¿ (3) the amount to be transferred to miscellaneous receipts, National Forest Fund, exceeds the outstanding balance 


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of unreimbursed funds transferred from the special fund in 

prior fiscal years for wildfire suppression. 

* * * * * * * 

SECTION 14 OF THE NATIONAL FOREST MANAGEMENT 

ACT OF 1976 

TIMBER SALES ON NATIONAL FOREST SYSTEM LANDS

SEC. 14. (a) * * * 

* * * * * * * 

(h) The Secretary of Agriculture shall develop utilization standards methods of measurement, and harvesting practices for the removal of trees, portions of trees, or forest products to provide for 

the optimum practical use of the wood material. Such standards, 

methods, and practices shall reflect consideration of opportunities 

to promote more effective wood utilization, regional conditions, and 

species characteristics and shall be compatible with multiple use 

resource management objectives in the affected area. To accomplish 

the purpose of this subsection in situations involving salvage of insect-infested, dead, damaged, or down timber, and to remove associated trees for stand improvement, the Secretary is authorized to 

require the purchasers of such timber to make monetary deposits, 

as a part of the payment for the timber, to be deposited in a designated fund from which sums are to be used, to cover the cost to 

the United States for design, engineering, and supervision of the 

construction of needed roads and the cost for Forest Service sale 

preparation and supervision of the harvesting of such timber. Deposits of money pursuant to this subsection are to be available 

until expended to cover the cost to the United States of accomplishing the purposes for which deposited and to cover the costs of 

activities of the Secretary under title I of the Forest Emergency Recovery and Research Act: Provided, That such deposits shall not be 

considered as moneys received from the national forests within the 

meaning of sections 500 and 501 of title 16, United States Code: 

And provided further, That sums found to be in excess of the cost 

of accomplishing the purposes øfor which deposited on any national 

forest¿ for which deposits of money are available under this subsection shall be transferred to miscellaneous receipts in the Treasury of the United States. 

* * * * * * * 

DEPARTMENT OF THE INTERIOR AND RELATED 

AGENCIES APPROPRIATIONS ACT, 1993 

* * * * * * * 

FOREST ECOSYSTEMS HEALTH AND RECOVERY

(REVOLVING FUND, SPECIAL ACCOUNT)

There is hereby established in the Treasury of the United States 

a special fund to be derived hereafter from the Federal share of 

moneys received from the disposal of salvage timber prepared for 


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sale from the lands under the jurisdiction of the Bureau of Land 

Management, Department of the Interior. The money in this fund 

shall be immediately available to the Bureau of Land Management 

without further appropriation, for the purposes of planning and 

preparing salvage timber for disposal, the administration of salvage 

timber sales, and subsequent site preparation and reforestation. 

The money in this fund shall likewise be immediately available to 

cover the costs of activities of the Bureau of Land Management 

under title I of the Forest Emergency Recovery and Research Act. There is hereby appropriated an amount of $1,000,000, to remain 

available until expended to establish this fund. Nothing in this provision shall alter the formulas currently in existence by law for the 

distribution of receipts for the applicable lands and timber resources. 

* * * * * * * 


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ADDITIONAL VIEWS OF HON. MARK UDALL 

This bill focuses on actions to be taken after a ‘‘catastrophic 

event,’’ defined as any one of various natural disasters or events. 

For Colorado, this misses the point—our most pressing issue is 

the increased likelihood of severe wildfires that endanger human 

life and property (and municipal water supplies) resulting from a 

combination of increased fuel stocks (itself the result of various 

causes, including past fire-suppression policies), drought, and widespread insect infestations. 

So, what we need is accelerated action to reduce hazardous fuels 

in the ‘‘red zones’’ before the communities that adjoin or intermingle with the forest are confronted with severe wildfires—not 

legislation that aims at speeding salvage or restoration after the 

damage has been done. 

Nonetheless, I had hoped that during its consideration of this 

legislation the Resources Committee would make sufficient changes 

so that I could support it. However, that did not occur and that I 

cannot support it in its current form. 

I will not attempt to list all the bill’s serious flaws. But I think 

it is worth emphasizing that while it is doubtful that the legislation 

is necessary anywhere it seems clear that there are certain lands 

to which it should not apply, including (1) National Conservation 

Areas and National Recreation Areas, (2) lands that have been recommended for wilderness by the President, (3) wilderness study 

areas, (4) BLM-designated areas of critical environmental concern, 

(5) lands recommended for wilderness in a Forest Service or BLM 

land-management plan, (6) the Fossil Ridge Recreation Management Area in Colorado, (7) the Bowen Gulch Protection Area in 

Colorado, (8) the Piedra, Roubideau, the Tabeguache Areas of Colorado, (9) the James Peak Protection Area in Colorado, and (10) the 

Arapaho National Recreation Area in Colorado. 

Further, I think the bill should include language to make clear 

that it will not change the requirement of section 103(d) of the 

Healthy Forests Restoration Act, which requires that at least 50% 

of the fuel-reduction funds must be used for projects in the 

wildland-urban interface—the ‘‘red zone’’ lands. 

I offered an amendment to make these changes, and also supported amendments offered by other Members. Unfortunately, the 

committee failed to adopt not only my amendment but also several 

others that I thought necessary. And because I think the bill 

should not be enacted without those changes, I voted against it. 

MARK UDALL. 

DISSENTING VIEWS 

We oppose H.R. 4200. This unnecessary legislation eliminates requirements of critical conservation and public participation laws, 


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allows for road building in inventoried roadless areas, and disregards the body of peer-reviewed science on the harmful effects of 

salvage logging. 

The sponsors’ underlying rationale for this legislation is that 

there is a dire need for environmental exemptions for timber salvage on federal lands following a catastrophic event. To the contrary, we believe that existing authorities are wholly adequate, 

making H.R. 4200 unnecessary. The Forest Service and Bureau of 

Land Management have access to a variety of existing authorities 

for timber salvage including authorities provided for under the 

Health Forests Restoration Act of 2003, a categorical exclusion for 

timber salvage of 250 acres or less, and alternative arrangements 

for emergency actions with the White House Council on Environmental Quality. 

H.R. 4200 proponents claim that timber salvage on public lands 

is taking too long, leaving an abundance of timber salvage going to 

waste on federal lands, and offers H.R. 4200 as a solution. However, in 2005, 35 percent of the logging volume on our National 

Forests came from timber salvage, all completed with existing authorities. Secondly, the authorities provided for under the Healthy 

Forests Restoration Act have allowed the Forest Service to quickly 

complete one of the largest timber salvage projects in their history, 

676 million board feet, for those National Forests on the gulf coast 

impacted by Hurricane Katrina in 2005. Third, for situations involving threats to life and property, the Forest Service and Bureau 

of Land Management may request alternative arrangements with 

the Council on Environmental Quality, and to date not one Forest 

Service request has been denied. 

The unnecessary environmental exemptions provided for in H.R. 

4200 come at the expense of critical laws such as the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), 

the Clean Water Act, and the National Historic Preservation Act. 

Should Congress approve H.R. 4200, the result would be a weakening of existing laws meant to protect public participation and 

provide for environmental protections. The practices in H.R. 4200 

are deemed to meet requirements of Section 102 of NEPA, widely 

regarded as the heart of the NEPA process. H.R. 4200 would also 

grant the Forest Service an incidental take permit notwithstanding 

the impacts the salvage logging may cause to listed, threatened, 

and endangered species and their habitat. Furthermore, H.R. 4200 

bypasses requirements for consultation under the National Historic 

Preservation Act and the Clean Water Act. 

Bill proponents argue that it is necessary to allow temporary 

road building for timber salvage projects in H.R. 4200. However, 

inventoried roadless areas are not excluded from H.R. 4200. Should 

Congress approve H.R. 4200, roads will be built in inventoried 

roadless areas. While bill proponents claim these roads will be temporary and obliterated upon project completion to the extent practicable, the Forest Service currently has an estimated $10 billion 

road maintenance backlog that has been growing exponentially. 

The categories of lands excluded from the practices of H.R. 4200 

are woefully inadequate as they solely include wilderness areas and 

national monuments, and ignore a variety of other categories of 

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cluded from the damaging salvage logging practices of H.R. 4200, 

but neither are wilderness study areas, lands recommended for wilderness by the President, national recreation areas, or national 

conservation areas. 

Supporters of H.R. 4200 argue that salvage logging is necessary 

to recover and restore a forest after a catastrophic event. This argument, however, is not supported by the majority of peer-reviewed 

science on this issue. A peer-reviewed study by Dan Donato et al 

published in January 2006 in the journal Science concluded that 

logging in the wake of the 2002 Biscuit Fire in Oregon decreased 

forest regeneration by 71 percent and increased short-term fire 

risk. This study adds to a substantial list of peer-reviewed science 

that concludes that salvage logging is contrary to the goal of improving forest health. 169 scientists from around the country submitted a letter to Congress opposing H. R. 4200, as salvage logging 

has been found to impede forest regeneration, damage riparian corridors, introduce or spread invasive species, cause erosion, and degrade water quality. 

DEMOCRATIC AMENDMENTS 

Democratic Members offered the following amendments to H.R. 

4200 at the Resources Committee markup on Wednesday, March 

29, 2006. All of the amendments offered by those Democratic members expressing concerns with H.R. 4200 were rejected and H.R. 

4200 was approved by a vote of 25 to 13, with 13 Democratic members voting no. 

1. Nick Rahall Amendment—Strikes bypass of Endangered Species Act. 

2. Nick Rahall Amendment—Strikes bypass of National Historic 

Preservation Act and Clean Water Act. 

3. Tom Udall Amendment—Requires that the Secretary certify 

that a salvage logging project will not increase fire risk or decrease 

forest regeneration before it can move forward. 

4. Tom Udall Amendment—Strikes NEPA waivers. 

5. Peter DeFazio Amendments—Limits H.R. 4200 authorities to 

those federal lands designated for timber production, requires Forest Plans be amended in order for pre-approved management practices to be applicable, and sets standards for snag retention. 

6. Jay Inslee Amendments—Excludes inventoried roadless areas 

from H.R. 4200, and requires that 50 percent of the funding derived from H.R. 4200 be directed towards paying down the Forest 

Service road maintenance backlog. 

7. Mark Udall Amendment—Expands the categories of land exempted from H.R. 4200 to include wilderness study areas, lands 

recommended for wilderness by the President, national recreation 

areas, and national conservation areas. 

Proponents of H.R. 4200 contend that the environmental exemptions provided for in the legislation are necessary, but do so with 

an overwhelming amount of agency discretion. The terms ‘‘in a 

form deemed appropriate by the Secretary’’ and ‘‘to the extent practicable’’ are throughout the legislation. For example, while bill supporters claim this legislation promotes research, the research section of H.R. 4200 is discretionary. Because major changes in agency 

policy are contained in H.R. 4200, Congress should be more preVerDate Aug 31 2005 21:38 May 06, 2006 Jkt 049006 PO 00000 Frm 00047 Fmt 6604 Sfmt 6602 E:\HR\OC\HR451P1.XXX HR451P1

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scriptive. This discretion will do nothing to alleviate the problem 

of unnecessary political intervention as seen in the aftermath of 

the 2002 Biscuit Fire in Oregon. 

H.R. 4200 does not authorize funds to carry out the practices of 

H.R. 4200, and instead directs the Forest Service and Bureau of 

Land Management into an all too familiar situation of using limited existing funds to pay for sweeping changes in agency policy. 

These existing funds include Knutson-Vandenberg Funds, Forest 

Service Salvage Sale Funds, and BLM revolving funds derived from 

disposal of salvage timber. Moreover, salvage sales frequently cost 

the land management agencies more to administer than they 

produce in revenues, resulting in significant taxpayer subsidies. 

H.R. 4200 is unnecessary legislation with significant negative 

consequences. We urge its defeat. 

NICK RAHALL II. 

EDWARD J. MARKEY. 

FRANK PALLONE, JR. 

JAY INSLEE. 

GRACE F. NAPOLITANO. 

TOM UDALL. 

RAUL M. GRIJALVA. 


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