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Calendar No. 287 

112TH CONGRESS 

2D SESSION S. 1344 

[Report No. 112–126] 

To direct the Secretary of Agriculture to take immediate action to recover 

ecologically and economically from a catastrophic wildfire in the State 

of Arizona, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2011 

Mr. KYL (for himself and Mr. MCCAIN) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

JANUARY 13, 2012 

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

by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To direct the Secretary of Agriculture to take immediate 

action to recover ecologically and economically from a 

catastrophic wildfire in the State of Arizona, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Arizona Wallow Fire 

3 Recovery and Monitoring Act’’. 

4 SEC. 2. PURPOSE. 

5 The purpose of this Act is to direct the Secretary of 

6 Agriculture to take certain actions— 

7 (1) to rehabilitate and restore the Wallow Fire 

8 Area; 

9 (2) to recover material that is fire-damaged, but 

10 still merchantable, from the Wallow Fire Area before 

11 the material loses economic value; 

12 (3) to create defensible space around commu13 nities to effectively and safely fight future fires in 

14 the vicinity of the Wallow Fire Area; 

15 (4) to monitor the environmental and economic 

16 effects of the removal of fire-damaged trees from the 

17 Wallow Fire Area; and 

18 (5) to provide a mechanism to offset the costs 

19 of forest restoration in the Wallow Fire Area. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) BURNED AREA EMERGENCY RESPONSE.— 

23 The term ‘‘burned area emergency response’’ means 

24 the process used by the Secretary to plan and imple25 ment emergency stabilization actions on Federal 


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1 land in response to an immediate post-fire condi2 tion— 

3 (A) to minimize threats to life or property; 

4 or 

5 (B) to stabilize and prevent unacceptable 

6 degradation to natural and cultural resources 

7 resulting from the effects of the catastrophic 

8 event. 

9 (2) COMMUNITY PROTECTION MANAGEMENT

10 AREA.—The term ‘‘Community Protection Manage11 ment Area’’ means— 

12 (A) the wildland-urban interface in a com13 munity wildfire protection plan; 

14 (B) human development areas having spe15 cial significance, including critical communica16 tion sites, high voltage transmission lines, devel17 oped recreation sites, and other structures that, 

18 if destroyed by fire, would result in hardship to 

19 communities; and 

20 (C) the fuels adjacent to areas described in 

21 subparagraph (B). 

22 (3) COMMUNITY WILDFIRE PROTECTION

23 PLAN.—The term ‘‘community wildfire protection 

24 plan’’ has the meaning given the term in section 101 


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1 of the Healthy Forest Restoration Act of 2003 (16 

2 U.S.C. 6511). 

3 (4) HAZARD TREE AND COMMERCIAL TIMBER

4 EVALUATION.—The term ‘‘hazard tree and commer5 cial timber evaluation’’ means an evaluation of the 

6 hazard trees and fire-damaged, dead, and dying tim7 ber resources on the National Forest System land in 

8 the Wallow Fire Area conducted in accordance with 

9 section 4. 

10 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

11 has the meaning given the term in section 4 of the 

12 Indian Self-Determination and Education Assistance 

13 Act (25 U.S.C. 450b). 

14 (6) NATIONAL FOREST SYSTEM.—The term 

15 ‘‘National Forest System’’ has the meaning given 

16 the term in section 11(a) of the Forest and Range17 land Renewable Resources Planning Act of 1974 (16 

18 U.S.C. 1609(a)). 

19 (7) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Agriculture. 

21 (8) TIMBER REMOVAL PROJECT.—The term 

22 ‘‘timber removal project’’ means a timber removal 

23 project for the Wallow Fire Area identified under a 

24 hazard tree and commercial timber evaluation. 


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1 (9) WALLOW FIRE.—The term ‘‘Wallow Fire’’ 

2 means the fire that originated in the Bear Wallow 

3 Wilderness on May 29, 2011. 

4 (10) WALLOW FIRE AREA.—The term ‘‘Wallow 

5 Fire Area’’ means the approximately 538,000-acre 

6 fire perimeter in the State of Arizona, as depicted on 

7 the map entitled ‘‘Wallow Fire Az-ASF-110152 Pro8 gression Map’’ and dated June 28, 2011. 

9 SEC. 4. HAZARD TREE AND COMMERCIAL TIMBER EVALUA10 TION. 

11 (a) IN GENERAL.—The Secretary shall conduct a 

12 hazard tree and commercial timber evaluation that identi13 fies timber resources appropriate for removal within the 

14 Wallow Fire Area not later than the date that is the ear15 lier of— 

16 (1) the date that is 30 days after the comple17 tion of the burned area emergency response for the 

18 Wallow Fire Area; or 

19 (2) the date that is 45 days after the date of 

20 containment of the Wallow Fire. 

21 (b) REPORT REQUIRED.—In conducting a hazard 

22 tree and commercial timber evaluation under subsection 

23 (a), the Secretary shall prepare a report that includes— 

24 (1) a description of— 


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1 (A) the forest conditions in the burned 

2 areas of the Wallow Fire Area; and 

3 (B) the short- and long-term risks the con4 ditions pose to forest users, communities, pri5 vate property, and remaining resources; 

6 (2) a map of areas for potential hazard tree re7 moval, areas for potential fire-damaged commercial 

8 tree removal, and areas for potential elimination 

9 from harvest consideration, including a delineation 

10 of the Community Protection Management Area for 

11 the Wallow Fire Area; 

12 (3) a map of the burn intensity within the Wal13 low Fire Area; 

14 (4) a preliminary determination of— 

15 (A) the anticipated receipts to be derived 

16 from the hazard and fire-damaged commercial 

17 timber identified for removal in the Wallow Fire 

18 Area; 

19 (B) the estimated costs to the Secretary 

20 associated with the removal of the timber; and 

21 (C) to the maximum extent practicable, re22 ceipts likely to be lost if action is not taken in 

23 a timely manner; 

24 (5) a description of 1 or more proposals for 

25 timber removal projects providing for the removal of 


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1 hazard trees and fire-damaged, dead, and dying tim2 ber resources in the Wallow Fire Area; and 

3 (6) a description of the desired outcomes of re4 habilitation and tree removal in burned portions of 

5 the Wallow Fire Area. 

6 (c) EXCLUDED AREAS.—In identifying areas for tree 

7 removal under subsection (a), the Secretary shall exclude 

8 high fire-severity burned areas on steep slopes, slopes with 

9 an incline greater than 40 percent, riparian areas, and 

10 fragile erosive sites, unless tree removal in those areas is 

11 necessary to address public health and safety concerns. 

12 (d) PUBLIC INVOLVEMENT.—The Secretary shall fa13 cilitate the meaningful involvement of State and local offi14 cials, Indian tribes, institutions of higher education, and 

15 other interested persons during the preparation of the haz16 ard tree and commercial timber evaluation conducted 

17 under this section. 

18 (e) DEADLINE FOR COMPLETION.—Not later than 45 

19 days after the date on which the Secretary commences the 

20 hazard tree and commercial timber evaluation, the Sec21 retary shall complete the hazard tree and commercial tim22 ber evaluation. 

23 SEC. 5. TIMBER REMOVAL PROJECTS. 

24 (a) TIMBER REMOVAL PROJECT REQUIREMENTS.— 


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1 (1) IN GENERAL.—The Secretary shall limit the 

2 removal of trees under a timber removal project 

3 under this Act to hazard trees and trees that are al4 ready down, dead, or severely root-sprung, such that 

5 mortality is highly probable. 

6 (2) CONSIDERATIONS.—In selecting tree re7 moval techniques for a timber removal project under 

8 this Act, the Secretary shall take into account the 

9 degree of ground disturbances, soil types, soil satu10 ration, worker safety, threatened and endangered 

11 species, aquatic systems, and other ecological values 

12 associated with the site of the timber removal 

13 project. 

14 (3) MONITORING REQUIREMENTS.—The Sec15 retary shall use an effectiveness monitoring frame16 work to assess the ecological and economic effects of 

17 tree removal projects carried out under this Act with 

18 respect to accomplishing desired outcomes identified 

19 in the hazard tree and commercial timber evaluation. 

20 (4) LIMITATION.—Nothing in this Act author21 izes new permanent road construction for timber re22 moval. 

23 (5) CONGRESSIONAL INTENT.—It is the intent 

24 of Congress that all timber removal projects carried 

25 out under this Act be completed by the date that is 


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1 not later than 18 months after the date of enact2 ment of this Act. 

3 (b) ENVIRONMENTAL COMPLIANCE.— 

4 (1) IN GENERAL.—Except as otherwise pro5 vided in this Act, the Secretary shall comply with 

6 the National Environmental Policy Act of 1969 (42 

7 U.S.C. 4321 et seq.) and other applicable laws in 

8 planning and conducting timber removal projects. 

9 (2) NEPA REQUIREMENTS.— 

10 (A) IN GENERAL.—In the case of a timber 

11 removal project to be conducted in a Commu12 nity Protection Management Area under this 

13 Act, the Secretary shall prepare an environ14 mental assessment for the proposed agency ac15 tion under section 102(2) of the National Envi16 ronmental Policy Act of 1969 (42 U.S.C. 

17 4332(2)). 

18 (B) ALTERNATIVES.—Nothing in this sub19 section requires the Secretary to study, develop, 

20 or describe any alternative to the proposed 

21 agency action in the environmental assessment 

22 conducted under subparagraph (A). 

23 (C) PUBLIC PARTICIPATION.—The Sec24 retary shall provide an opportunity for public 

25 participation during the preparation of the enviVerDate Mar 15 2010 22:30 Jan 18, 2012 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1344.RS S1344

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1 ronmental assessment under subparagraph (A), 

2 in accordance with existing protocols. 

3 (3) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

4 Timber removal projects carried out under this Act 

5 are subject to the special administrative process and 

6 judicial review process under sections 105 and 106 

7 of the Healthy Forests Restoration Act of 2003 (16 

8 U.S.C. 6515, 6516). 

9 (4) USE OF RECEIPTS.—Amounts collected by 

10 the Secretary from a timber removal project carried 

11 out under this Act shall be available for expenditure 

12 by the Secretary without further appropriation for 

13 forest restoration treatments on the Apache14 Sitgreaves National Forest in the State of Arizona. 

15 SECTION 1. SHORT TITLE. 

16 This Act may be cited as the ‘‘Arizona Wallow Fire 

17 Recovery and Monitoring Act’’. 

18 SEC. 2. DEFINITIONS. 

19 In this Act: 

20 (1) COMMUNITY PROTECTION MANAGEMENT

21 AREA.—The term ‘‘community protection manage22 ment area’’ means— 

23 (A) the wildland-urban interface in a com24 munity wildfire protection plan; and 


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1 (B) human development areas having spe2 cial significance, including critical communica3 tion sites, high voltage transmission lines, devel4 oped recreation sites, and other structures that, 

5 if destroyed by fire, would result in hardship to 

6 communities. 

7 (2) COMMUNITY WILDFIRE PROTECTION PLAN.— 

8 The term ‘‘community wildfire protection plan’’ has 

9 the meaning given the term in section 101 of the 

10 Healthy Forest Restoration Act of 2003 (16 U.S.C. 

11 6511). 

12 (3) EVALUATION.—The term ‘‘evaluation’’ means 

13 the evaluation required by section 3(a). 

14 (4) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Agriculture. 

16 (5) WALLOW FIRE AREA.—The term ‘‘Wallow 

17 Fire Area’’ means the land within the perimeter of 

18 the Wallow Fire, as depicted on the map entitled 

19 ‘‘Wallow Fire AZ-ASF-110152 Progression Map’’ and 

20 dated June 28, 2011. 

21 SEC. 3. HAZARD TREE AND COMMERCIAL TIMBER EVALUA22 TION. 

23 (a) IN GENERAL.—The Secretary shall conduct an 

24 evaluation of the Wallow Fire Area in accordance with this 

25 section. 


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1 (b) TIMELINE.—To ensure the timely completion of the 

2 evaluation, the Secretary shall— 

3 (1) not later than 30 days after the date of en4 actment of this Act, commence the evaluation; and 

5 (2) not later than 75 days after the date of en6 actment of this Act, complete the evaluation. 

7 (c) CONTENTS.—The evaluation shall include— 

8 (1) a map of the burn intensity within the Wal9 low Fire Area; 

10 (2) a description of— 

11 (A) the forest conditions in the burned areas 

12 of the Wallow Fire Area; 

13 (B) the short- and long-term risks that the 

14 conditions in the Wallow Fire Area may pose to 

15 forest users, communities, private property, and 

16 natural resources; and 

17 (C) the actions undertaken by the Forest 

18 Service to reduce the risks described in subpara19 graph (B); 

20 (3) a map and description of areas for potential 

21 hazard tree removal and areas for potential fire-dam22 aged commercial tree removal in the Wallow Fire 

23 Area, including a delineation of the community pro24 tection management area within the Wallow Fire 

25 Area; 


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1 (4) a preliminary estimate of— 

2 (A) the costs and receipts to be derived from 

3 the hazard tree and fire-damaged commercial 

4 timber identified for potential removal in the 

5 Wallow Fire Area; and 

6 (B) to the maximum extent practicable, the 

7 receipts likely to be lost if action is not taken in 

8 a timely manner; and 

9 (5) a description of the desired outcomes of reha10 bilitation and tree removal in burned portions of the 

11 Wallow Fire Area. 

12 (d) EXCLUDED AREAS.—In identifying areas for po13 tential tree removal under subsection (c)(3), the Secretary 

14 shall exclude high fire-severity burned areas on steep slopes, 

15 slopes with an incline greater than 40 percent, riparian 

16 areas, and fragile erosive sites, unless tree removal in those 

17 areas is necessary to address concerns relating to public 

18 health or safety. 

19 SEC. 4. TIMBER REMOVAL PROJECTS. 

20 (a) IDENTIFICATION.—Not later than 90 days after the 

21 date of enactment of this Act, the Secretary shall identify 

22 1 or more projects to reduce the risks described in section 

23 3(c)(2)(B) by removing hazard trees and fire-damaged, 

24 dead, and dying timber resources in the Wallow Fire Area. 


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1 (b) CONGRESSIONAL INTENT.—It is the intent of Con2 gress that all projects identified under subsection (a) be 

3 completed by September 30, 2013. 

4 (c) CONSIDERATIONS.— 

5 (1) EVALUATION.—In identifying projects under 

6 subsection (a), the Secretary shall consider the results 

7 of the evaluation. 

8 (2) TREE REMOVAL TECHNIQUES.—In selecting 

9 tree removal techniques for a project identified under 

10 subsection (a), the Secretary shall take into account 

11 the degree of ground disturbances, soil types, soil 

12 saturation, worker safety, threatened or endangered 

13 species, aquatic systems, and other ecological values 

14 associated with the site of the project. 

15 (d) MONITORING.—The Secretary shall use an effec16 tiveness monitoring framework to assess the ecological and 

17 economic effects of each project that is identified and car18 ried out under this section with respect to accomplishing 

19 the desired outcomes identified in the evaluation. 

20 (e) LIMITATIONS.—In carrying out a project identified 

21 under subsection (a), the Secretary— 

22 (1) shall focus the removal of trees under the 

23 project to hazard trees and trees that are already 

24 down, dead, or so severely root-sprung that mortality 

25 is highly probable; and 


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1 (2) shall not construct any permanent road 

2 (f) ADMINISTRATIVE REVIEW.— 

3 (1) IN GENERAL.—In lieu of an administrative 

4 appeal under section 322 of the Department of the In5 terior and Related Agencies Appropriations Act, 1993 

6 (16 U.S.C. 1612 note; Public Law 102–381), the Sec7 retary may subject to administrative review under 

8 part 218 of title 36, Code of Federal Regulations (or 

9 successor regulations), any collaboratively-developed 

10 project to remove hazard trees and fire-damaged, 

11 dead, and dying timber resources in the Wallow Fire 

12 Area— 

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

14 and 

15 (B) for which a decision notice or record of 

16 decision has been issued by September 30, 2012. 

17 (2) AUTHORIZED PROJECTS.—A project identi18 fied under subsection (a) shall be considered an au19 thorized hazardous fuel reduction project for purposes 

20 of part 218 of title 36, Code of Federal Regulations 

21 (or successor regulations). 


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Calendar No. 287 

112TH CONGRESS 

2D SESSION S. 1344 

[Report No. 112–126] 

A BILL 

To direct the Secretary of Agriculture to take imState of Arizona, and for other purposes. nomically from a catastrophic wildfire in the mediate action to recover ecologically and ecoJANUARY 13, 2012 

Reported with an amendment 


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