II 

118TH CONGRESS 

1ST SESSION S. 3062 

To provide for the removal of small-diameter trees in fire hazard areas, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 17, 2023 

Mr. KING introduced the following bill; which was read twice and referred to 

the Committee on Energy and Natural Resources 

A BILL 

To provide for the removal of small-diameter trees in fire 

hazard areas, 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 ‘‘Small-diameter Timber 

5 and Underutilized Material Act of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

9 means land under the jurisdiction of— 

10 (A) the Bureau of Land Management; 

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1 (B) the Bureau of Reclamation; 

2 (C) the National Park Service; 

3 (D) the United States Fish and Wildlife 

4 Service; or 

5 (E) the Forest Service. 

6 (2) FIRE HAZARD AREA.—The term ‘‘fire haz7 ard area’’ means an area that— 

8 (A) has been identified by the Secretary 

9 concerned as having a very high wildfire hazard 

10 risk; 

11 (B) is located on Federal land; and 

12 (C) is located west of the 100th meridian 

13 in the contiguous 48 States. 

14 (3) SECRETARY CONCERNED.—The term ‘‘Sec15 retary concerned’’ means— 

16 (A) the Secretary of Agriculture, acting 

17 through the Chief of the Forest Service, with 

18 respect to Federal land administered by that 

19 Secretary; and 

20 (B) the Secretary of the Interior, with re21 spect to Federal land administered by that Sec22 retary. 

23 (4) SMALL-DIAMETER TREE.—The term ‘‘small24 diameter tree’’ means a tree, or portion thereof, as 

25 determined by the Secretary concerned, that has a 

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1 diameter at breast height of generally not greater 

2 than 8 inches. 

3 SEC. 3. PRICES. 

4 (a) IN GENERAL.—Except as provided in subsection 

5 (b), notwithstanding any other provision of law— 

6 (1) the Secretary concerned may not— 

7 (A) charge a fee to authorize a person to 

8 remove a small-diameter tree in a fire hazard 

9 area, including a fee for a special use permit; 

10 or 

11 (B) recover any processing or monitoring 

12 cost of authorizing a person to remove a small13 diameter tree in a fire hazard area; and 

14 (2) if the Secretary concerned authorizes a per15 son to remove a small-diameter tree, including 

16 through a timber sale, in a fire hazard area, the Sec17 retary concerned shall not require the person to pay 

18 any amount for the small-diameter tree. 

19 (b) FEES.—The Secretary concerned may charge a 

20 fee, in accordance with regulations promulgated by the 

21 Secretary concerned, for removal of a small-diameter tree 

22 of a particular species of tree in a fire hazard area if the 

23 Secretary concerned— 

24 (1) determines that the fee is appropriate; and 

25 (2) discloses that determination to the public. 

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1 (c) NO VOLUME DETERMINATIONS; APPRAISALS.— 

2 As part of a small-diameter tree removal described in sub3 section (a), the Secretary concerned may not— 

4 (1) require a volume determination, including 

5 by scaling, measuring, weighing, or counting small6 diameter trees before or after cutting or removal; or 

7 (2) conduct a timber appraisal to determine the 

8 fair-market value of the small-diameter trees being 

9 removed. 

10 (d) APPLICABILITY.—This section shall only apply to 

11 contracts or permits authorizing a person to remove a 

12 small-diameter tree as described in subsection (a) entered 

13 into on or after the date of enactment of this Act. 

14 SEC. 4. FREE-USE AREA DESIGNATION. 

15 The Secretary of Agriculture, acting through the 

16 Chief of the Forest Service, shall designate as a free-use 

17 area under section 223.6 of title 36, Code of Federal Reg18 ulations (or a successor regulation), any fire hazard area 

19 in the National Forest System that contains a small-di20 ameter tree. 

21 SEC. 5. TREE DESIGNATION. 

22 The Secretary concerned shall seek to designate for 

23 removal small-diameter trees in a fire hazard area by uti24 lizing the most efficient method of designation, which may 

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1 include designation by description, designation by pre2 scription, or physical marking. 

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