I 

117TH CONGRESS 

1ST SESSION H. R. 2585 

To conduct fire salvage on certain National Forest System lands burned 

by wildfire, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2021 

Mr. JOHNSON of South Dakota (for himself, Mr. LAMALFA, Mr. WESTERMAN, 

and Mr. CRAWFORD) introduced the following bill; which was referred to 

the Committee on Agriculture, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To conduct fire salvage on certain National Forest System 

lands burned by wildfire, 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 ‘‘Forestry Improve5 ments to Restore the Environment Act of 2021’’ or the 

6 ‘‘FIRE Act of 2021’’. 


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1 SEC. 2. FOREST MANAGEMENT ACTIVITIES REQUIRED 

2 AFTER WILDFIRE. 

3 (a) SURVEY OF NATIONAL FOREST SYSTEM LANDS

4 IMPACTED BY WILDFIRE.— 

5 (1) SURVEY REQUIRED.—To the maximum ex6 tent practicable, not later than 60 days after a wild7 fire is contained on National Forest System lands, 

8 the Secretary of Agriculture, acting through the 

9 Chief of the Forest Service, shall complete a survey 

10 of the National Forest System lands that were im11 pacted by such wildfire. 

12 (2) PRIORITY OF LAND SURVEYED.—In car13 rying out a survey required under paragraph (1), the 

14 Secretary of Agriculture shall give priority to Na15 tional Forest System lands in the following order: 

16 (A) Lands for which there is, at the time 

17 of such survey— 

18 (i) timber under a contract pursuant 

19 to section 14(a) of the National Forest 

20 Management Act of 1976 (16 U.S.C. 

21 472a); or 

22 (ii) a stewardship contract under sec23 tion 604 of the Healthy Forests Restora24 tion Act of 2003 (16 U.S.C. 6591c). 

25 (B) Lands for which, at the time of such 

26 survey— 


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1 (i) a timber sale described in subpara2 graph (A)(i) or a stewardship contract de3 scribed in subparagraph (A)(ii) is planned; 

4 and 

5 (ii) with respect to such sale or con6 tract, an environmental decision document 

7 has been completed pursuant to section 

8 102 of the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4332). 

10 (b) CONVERSION OF TIMBER SALES.— 

11 (1) TIMBER SALES TO SALVAGE SALES.—Not 

12 later than 60 days after a wildfire is contained on 

13 National Forest System lands, the Secretary of Agri14 culture shall, with respect to the timber sales appli15 cable to such lands that were impacted by such wild16 fire, convert such timber sales to salvage sales. 

17 (2) TREATMENT OF CONVERTED TIMBER

18 SALES.—In the case of a project relating to the tim19 ber sales applicable to the National Forest System 

20 lands described in paragraph (1), the conversion of 

21 such timber sales to salvage sales under such para22 graph shall be deemed to meet the purpose and need 

23 of such project for purposes of an environmental as24 sessment or an environmental impact statement purVerDate Sep 11 2014 23:09 Jun 08, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2585.IH H2585

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1 suant to section 102 of the National Environmental 

2 Policy Act of 1969 (42 U.S.C. 4332). 

3 (c) SUPPLEMENTAL INFORMATION REPORTS.—The 

4 Secretary of Agriculture shall give priority to completing 

5 supplemental information reports that determine, with re6 spect to a pending project planned for National Forest 

7 System lands prior to a wildfire, whether— 

8 (1) timber salvage constitutes substantial 

9 changes to the proposed action that are relevant to 

10 environmental concerns; and 

11 (2) wildfire constitutes significant new cir12 cumstances or information relevant to environmental 

13 concerns. 

14 SEC. 3. ROADSIDE SALVAGE CATEGORICAL EXCLUSION. 

15 (a) CATEGORICAL EXCLUSION ESTABLISHED.—For16 est management activities described in subsection (b) are 

17 a category of actions hereby designated as being categori18 cally excluded from the preparation of an environmental 

19 assessment or an environmental impact statement pursu20 ant to section 102 of the National Environmental Policy 

21 Act of 1969 (42 U.S.C. 4332). 

22 (b) FOREST MANAGEMENT ACTIVITIES DESIGNATED

23 FOR CATEGORICAL EXCLUSION.—The category of forest 

24 management activities designated under this section for 

25 a categorical exclusion are forest management activities 


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1 carried out by the Secretary of Agriculture on National 

2 Forest System lands where the primary purpose of such 

3 activity is for roadside salvage activities that allow for the 

4 removal of hazard trees that are within 200 feet of a road5 way center line. 

6 (c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 

7 On and after the date of the enactment of this Act, the 

8 Secretary of Agriculture may use the categorical exclusion 

9 established under subsection (a) in accordance with this 

10 section. 

11 (d) ACREAGE LIMITATIONS.—The categorical exclu12 sion established under subsection (a) shall not be limited 

13 in size or scope. 

14 (e) EXCLUSION OF EXTRAORDINARY CIRCUMSTANCE

15 PROCEDURES.—The procedures relating to extraordinary 

16 circumstances under section 220.6 of title 36, Code of 

17 Federal Regulations (or a successor regulation), shall not 

18 apply to the use of the categorical exclusion established 

19 under subsection (b). 

20 SEC. 4. JUDICIAL REVIEW. 

21 (a) OBJECTION PERIOD.—For any action taken pur22 suant to the authorities in this Act, the objection time de23 scribed in section 219.56 of title 36, Code of Federal Reg24 ulations (or successor regulations), shall be 30 days. 


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1 (b) JUDICIAL REVIEW.—Except as provided in sub2 section (c), an activity carried out pursuant to this Act 

3 shall be subject to judicial review in the same manner as 

4 an authorized hazardous fuels reduction project is subject 

5 to judicial review under section 106 of the Healthy Forests 

6 Restoration Act of 2003 (16 U.S.C. 6516). 

7 (c) PRELIMINARY INJUNCTION PROHIBITED.—Not8 withstanding any other provision of law, a court may not 

9 order a preliminary injunction enjoining the Secretary of 

10 Agriculture from proceeding with timber sales authorized 

11 under this Act. 

12 SEC. 5. RULE OF APPLICATION FOR NATIONAL FOREST 

13 SYSTEM LANDS. 

14 The authorities provided by this Act may not apply 

15 with respect to any National Forest System lands— 

16 (1) that are included in the National Wilderness 

17 Preservation System; 

18 (2) that are located within a national or State19 specific inventoried roadless area established by the 

20 Secretary of Agriculture through regulation, un21 less— 

22 (A) the forest management activity to be 

23 carried out under such authority is consistent 

24 with the forest plan applicable to the area; or 


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1 (B) the Secretary of Agriculture deter2 mines the forest management activity is permis3 sible under the applicable roadless rule gov4 erning such lands; or 

5 (3) on which timber harvesting for any purpose 

6 is prohibited by Federal statute. 

Æ 


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