II 

112TH CONGRESS 

1ST SESSION S. 1344 

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

ecologically and economically from a catastrophic wildfire in the State 

of Arizona, and for other purposes. 

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 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Recovery and Monitoring Act’’. 

6 SEC. 2. PURPOSE. 

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

8 Agriculture to take certain actions— 


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1 (1) to rehabilitate and restore the Wallow Fire 

2 Area; 

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

4 still merchantable, from the Wallow Fire Area before 

5 the material loses economic value; 

6 (3) to create defensible space around commu7 nities to effectively and safely fight future fires in 

8 the vicinity of the Wallow Fire Area; 

9 (4) to monitor the environmental and economic 

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

11 Wallow Fire Area; and 

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

13 of forest restoration in the Wallow Fire Area. 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

16 (1) BURNED AREA EMERGENCY RESPONSE.— 

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

18 the process used by the Secretary to plan and imple19 ment emergency stabilization actions on Federal 

20 land in response to an immediate post-fire condi21 tion— 

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

23 or 

24 (B) to stabilize and prevent unacceptable 

25 degradation to natural and cultural resources 


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1 resulting from the effects of the catastrophic 

2 event. 

3 (2) COMMUNITY PROTECTION MANAGEMENT

4 AREA.—The term ‘‘Community Protection Manage5 ment Area’’ means— 

6 (A) the wildland-urban interface in a com7 munity wildfire protection plan; 

8 (B) human development areas having spe9 cial significance, including critical communica10 tion sites, high voltage transmission lines, devel11 oped recreation sites, and other structures that, 

12 if destroyed by fire, would result in hardship to 

13 communities; and 

14 (C) the fuels adjacent to areas described in 

15 subparagraph (B). 

16 (3) COMMUNITY WILDFIRE PROTECTION

17 PLAN.—The term ‘‘community wildfire protection 

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

19 of the Healthy Forest Restoration Act of 2003 (16 

20 U.S.C. 6511). 

21 (4) HAZARD TREE AND COMMERCIAL TIMBER

22 EVALUATION.—The term ‘‘hazard tree and commer23 cial timber evaluation’’ means an evaluation of the 

24 hazard trees and fire-damaged, dead, and dying tim25 ber resources on the National Forest System land in 


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1 the Wallow Fire Area conducted in accordance with 

2 section 4. 

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

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

5 Indian Self-Determination and Education Assistance 

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

7 (6) NATIONAL FOREST SYSTEM.—The term 

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

9 the term in section 11(a) of the Forest and Range10 land Renewable Resources Planning Act of 1974 (16 

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

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

13 the Secretary of Agriculture. 

14 (8) TIMBER REMOVAL PROJECT.—The term 

15 ‘‘timber removal project’’ means a timber removal 

16 project for the Wallow Fire Area identified under a 

17 hazard tree and commercial timber evaluation. 

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

19 means the fire that originated in the Bear Wallow 

20 Wilderness on May 29, 2011. 

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

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

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

24 the map entitled ‘‘Wallow Fire Az-ASF-110152 Pro25 gression Map’’ and dated June 28, 2011. 


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1 SEC. 4. HAZARD TREE AND COMMERCIAL TIMBER EVALUA2 TION. 

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

4 hazard tree and commercial timber evaluation that identi5 fies timber resources appropriate for removal within the 

6 Wallow Fire Area not later than the date that is the ear7 lier of— 

8 (1) the date that is 30 days after the comple9 tion of the burned area emergency response for the 

10 Wallow Fire Area; or 

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

12 containment of the Wallow Fire. 

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

14 tree and commercial timber evaluation under subsection 

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

16 (1) a description of— 

17 (A) the forest conditions in the burned 

18 areas of the Wallow Fire Area; and 

19 (B) the short- and long-term risks the con20 ditions pose to forest users, communities, pri21 vate property, and remaining resources; 

22 (2) a map of areas for potential hazard tree re23 moval, areas for potential fire-damaged commercial 

24 tree removal, and areas for potential elimination 

25 from harvest consideration, including a delineation 


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1 of the Community Protection Management Area for 

2 the Wallow Fire Area; 

3 (3) a map of the burn intensity within the Wal4 low Fire Area; 

5 (4) a preliminary determination of— 

6 (A) the anticipated receipts to be derived 

7 from the hazard and fire-damaged commercial 

8 timber identified for removal in the Wallow Fire 

9 Area; 

10 (B) the estimated costs to the Secretary 

11 associated with the removal of the timber; and 

12 (C) to the maximum extent practicable, re13 ceipts likely to be lost if action is not taken in 

14 a timely manner; 

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

16 timber removal projects providing for the removal of 

17 hazard trees and fire-damaged, dead, and dying tim18 ber resources in the Wallow Fire Area; and 

19 (6) a description of the desired outcomes of re20 habilitation and tree removal in burned portions of 

21 the Wallow Fire Area. 

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

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

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

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


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

2 necessary to address public health and safety concerns. 

3 (d) PUBLIC INVOLVEMENT.—The Secretary shall fa4 cilitate the meaningful involvement of State and local offi5 cials, Indian tribes, institutions of higher education, and 

6 other interested persons during the preparation of the haz7 ard tree and commercial timber evaluation conducted 

8 under this section. 

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

10 days after the date on which the Secretary commences the 

11 hazard tree and commercial timber evaluation, the Sec12 retary shall complete the hazard tree and commercial tim13 ber evaluation. 

14 SEC. 5. TIMBER REMOVAL PROJECTS. 

15 (a) TIMBER REMOVAL PROJECT REQUIREMENTS.— 

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

17 removal of trees under a timber removal project 

18 under this Act to hazard trees and trees that are al19 ready down, dead, or severely root-sprung, such that 

20 mortality is highly probable. 

21 (2) CONSIDERATIONS.—In selecting tree re22 moval techniques for a timber removal project under 

23 this Act, the Secretary shall take into account the 

24 degree of ground disturbances, soil types, soil satu25 ration, worker safety, threatened and endangered 


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1 species, aquatic systems, and other ecological values 

2 associated with the site of the timber removal 

3 project. 

4 (3) MONITORING REQUIREMENTS.—The Sec5 retary shall use an effectiveness monitoring frame6 work to assess the ecological and economic effects of 

7 tree removal projects carried out under this Act with 

8 respect to accomplishing desired outcomes identified 

9 in the hazard tree and commercial timber evaluation. 

10 (4) LIMITATION.—Nothing in this Act author11 izes new permanent road construction for timber re12 moval. 

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

14 of Congress that all timber removal projects carried 

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

16 not later than 18 months after the date of enact17 ment of this Act. 

18 (b) ENVIRONMENTAL COMPLIANCE.— 

19 (1) IN GENERAL.—Except as otherwise pro20 vided in this Act, the Secretary shall comply with 

21 the National Environmental Policy Act of 1969 (42 

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

23 planning and conducting timber removal projects. 

24 (2) NEPA REQUIREMENTS.— 


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

2 removal project to be conducted in a Commu3 nity Protection Management Area under this 

4 Act, the Secretary shall prepare an environ5 mental assessment for the proposed agency ac6 tion under section 102(2) of the National Envi7 ronmental Policy Act of 1969 (42 U.S.C. 

8 4332(2)). 

9 (B) ALTERNATIVES.—Nothing in this sub10 section requires the Secretary to study, develop, 

11 or describe any alternative to the proposed 

12 agency action in the environmental assessment 

13 conducted under subparagraph (A). 

14 (C) PUBLIC PARTICIPATION.—The Sec15 retary shall provide an opportunity for public 

16 participation during the preparation of the envi17 ronmental assessment under subparagraph (A), 

18 in accordance with existing protocols. 

19 (3) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

20 Timber removal projects carried out under this Act 

21 are subject to the special administrative process and 

22 judicial review process under sections 105 and 106 

23 of the Healthy Forests Restoration Act of 2003 (16 

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


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

2 the Secretary from a timber removal project carried 

3 out under this Act shall be available for expenditure 

4 by the Secretary without further appropriation for 

5 forest restoration treatments on the Apache6 Sitgreaves National Forest in the State of Arizona. 

fi 


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