I 

112TH CONGRESS 

1ST SESSION H. R. 1485 

To address the public health and safety threat presented by the risk of 

catastrophic wildfire on Federal forestlands by requiring the Secretary 

of Agriculture and the Secretary of the Interior to expedite forest management projects relating to hazardous fuels reduction, forest restoration, 

forest health, and watershed restoration. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 12, 2011 

Mr. HERGER (for himself, Mr. MCCLINTOCK, Mrs. MCMORRIS RODGERS, Mr. 

BISHOP of Utah, Mr. CHAFFETZ, Mr. NUNES, Mr. HUNTER, Mr. 

GALLEGLY, Mr. COFFMAN of Colorado, and Mr. DENHAM) 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 address the public health and safety threat presented 

by the risk of catastrophic wildfire on Federal forestlands 

by requiring the Secretary of Agriculture and the Secretary of the Interior to expedite forest management 

projects relating to hazardous fuels reduction, forest restoration, forest health, and watershed restoration. 

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; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Catastrophic Wildfire Community Protection Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Project authority consistent with community wildfire protection plan. 

Sec. 4. Elements of eligible projects. 

Sec. 5. Environmental analysis. 

Sec. 6. Administrative and judicial review. 

Sec. 7. Acceptance and use of funds or in-kind services. 

Sec. 8. Report. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AT-RISK COMMUNITY.—The term ‘‘at-risk 

9 community’’ has the meaning given that term in sec10 tion 101 of the Healthy Forests Restoration Act of 

11 2003 (16 U.S.C. 6511). 

12 (2) AT-RISK WATERSHED.—The term ‘‘at-risk 

13 watershed’’ means a watershed where— 

14 (A) there exists a high risk of losing key 

15 ecosystem, wildlife, and watershed components 

16 to severe fire, including post-fire disturbances, 

17 as documented by the Secretary concerned; and 

18 (B) there are Federal lands in condition 

19 class II or III, as developed by the Forest Serv20 ice Rocky Mountain Research Station in the 

21 general technical report titled ‘‘Development of 

22 Coarse-Scale Spatial Data for Wildland Fire 


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1 and Fuel Management’’ (RMRS–87) and dated 

2 April 2000 (including any subsequent revision 

3 to the report). 

4 (3) COMMUNITY WILDFIRE PROTECTION

5 PLAN.—The term ‘‘community wildfire protection 

6 plan’’ has the meaning given that term in section 

7 101 of the Healthy Forests Restoration Act of 2003 

8 (16 U.S.C. 6511). 

9 (4) COVERED FOREST LANDS.— 

10 (A) INCLUDED LANDS.—The term ‘‘cov11 ered forest lands’’ means— 

12 (i) National Forest System lands; and 

13 (ii) Public land administered by the 

14 Secretary of the Interior through the Bu15 reau of Land Management. 

16 (B) EXCLUDED LAND.—The term does not 

17 include land that is a component of the Na18 tional Wilderness Preservation System or other 

19 Federal land (other than inventoried roadless 

20 areas and wilderness study areas) in which the 

21 removal of vegetation is specifically prohibited 

22 by Federal law. 

23 (5) ELIGIBLE PROJECT.—The term ‘‘eligible 

24 project’’ means the measures and methods included 

25 in a project carried out on covered forest lands by 


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1 the Secretary concerned for hazardous fuels reduc2 tion, forest health, forest restoration, and watershed 

3 restoration. 

4 (6) SECRETARY CONCERNED.—The term ‘‘Sec5 retary concerned’’ means— 

6 (A) the Secretary of Agriculture, in the 

7 case of National Forest System lands; and 

8 (B) the Secretary of the Interior, in the 

9 case of public land administered by the Sec10 retary of the Interior through the Bureau of 

11 Land Management. 

12 SEC. 3. PROJECT AUTHORITY CONSISTENT WITH COMMU13 NITY WILDFIRE PROTECTION PLAN. 

14 The Secretary concerned shall carry out eligible 

15 projects on covered forest lands that are within or adja16 cent to an at-risk community or an at-risk watershed if 

17 the eligible project is consistent with the applicable com18 munity wildfire protection plan. 

19 SEC. 4. ELEMENTS OF ELIGIBLE PROJECTS. 

20 Eligible projects on covered forest lands shall be car21 ried out in a cost-effective manner that— 

22 (1) focuses on surface, ladder, and canopy fuels 

23 reduction activities; or 

24 (2) implements forest restoration activities in 

25 response to severe fire, insect, or disease infestation, 


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1 windthrow, or other extreme weather events or nat2 ural disasters. 

3 SEC. 5. ENVIRONMENTAL ANALYSIS. 

4 (a) GENERAL RULE OF PROPOSED ACTION AND NO

5 ACTION ALTERNATIVE.— 

6 (1) ENVIRONMENTAL ASSESSMENT AND ENVI7 RONMENTAL IMPACT STATEMENT.—The Secretary 

8 concerned shall prepare an environmental assess9 ment or an environmental impact statement pursu10 ant to section 102(2) of the National Environmental 

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

12 proposed eligible project. The Secretary concerned 

13 shall study, develop, and describe the proposed ac14 tion and the alternative of no action. Except as pro15 vided in subsection (b), the Secretary concerned is 

16 not required to study, develop, or describe any alter17 native actions to the proposed agency action. 

18 (2) DEADLINE FOR COMPLETION.—An environ19 mental assessment prepared for a proposed eligible 

20 project shall be completed within one year of the 

21 commencement of preparation of the assessment. An 

22 environmental impact statement prepared for a pro23 posed eligible project shall be completed within 18 

24 months of the commencement of preparation of the 

25 environmental impact statement. 


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1 (b) CONSIDERATION OF ALTERNATIVE REC2 OMMENDATION.—The Secretary concerned shall evaluate 

3 and consider an alternative recommendation submitted by 

4 the county in which a proposed eligible project is to be 

5 carried out if the county determines that the proposed eli6 gible project is or may be inconsistent with its community 

7 wildfire protection plan. The Secretary shall publish the 

8 evaluation and consideration of the alternative rec9 ommendation in the environmental assessment or environ10 mental impact statement prepared pursuant to section 

11 102(2) of the National Environmental Policy Act of 1969 

12 (42 U.S.C. 4332(2)) for the proposed eligible project. 

13 (c) EFFECT OF COUNTY EMERGENCY.— 

14 (1) COUNCIL ON ENVIRONMENTAL QUALITY.— 

15 If a categorical exclusion is unavailable for a pro16 posed eligible project, the Secretary concerned shall 

17 request, pursuant to section 1506.11 of title 40, 

18 Code of Federal Regulations, the Council on Envi19 ronmental Quality to develop and approve alter20 native arrangements for the proposed eligible project 

21 if the county in which the proposed eligible project 

22 is to be carried out declares, in consultation with the 

23 State forester or equivalent State official of the 

24 State containing the county— 

25 (A) a state of emergency; or 


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1 (B) the existence of a dangerous nuisance 

2 to public safety, welfare, infrastructure, water3 sheds, wildlife habitat, or other vital assets due 

4 to the accumulation of forest fuels and the as5 sociated risk of extreme fire on covered forest 

6 lands. 

7 (2) MANDATORY INFORMATION.—When re8 questing alternative arrangements under paragraph 

9 (1), the Secretary concerned shall transmit to the 

10 Council on Environmental Quality the following in11 formation: 

12 (A) A description of the proposed eligible 

13 project. 

14 (B) The condition of forest fuels within or 

15 near the proposed eligible project. 

16 (C) The threat to public safety, welfare, in17 frastructure, watersheds, wildlife habitat, or 

18 other vital assets due to the accumulation of 

19 forest fuels and the associated risk of extreme 

20 fire that the proposed eligible project is to re21 lieve. 

22 (D) The degree to which delaying the im23 plementation of the proposed eligible project 

24 will increase the risk of serious harm to public 

25 safety, welfare, infrastructure, watersheds, wildVerDate Mar 15 2010 23:40 Apr 13, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1485.IH H1485

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1 life habitat, or other vital assets due to the ac2 cumulation of forest fuels and the associated 

3 risk of extreme fire. 

4 (E) Any other information the Secretary 

5 concerned determines relevant. 

6 (3) DEADLINE FOR ALTERNATIVE ARRANGE7 MENTS.— 

8 (A) DEADLINE.—Not later than 15 days 

9 after receipt of a request under paragraph (1) 

10 for approval of alternative arrangements for a 

11 proposed eligible project, the Council on Envi12 ronmental Quality shall submit to the Secretary 

13 concerned the alternative arrangements under 

14 which the Secretary may proceed immediately 

15 and to completion of the proposed eligible 

16 project. 

17 (B) FAILURE TO COMPLY.—If the Council 

18 on Environmental Quality fails to comply with 

19 the deadline in subparagraph (A), the Secretary 

20 concerned shall proceed immediately and to 

21 completion of the proposed eligible project not22 withstanding any other provision of law, includ23 ing the National Environmental Policy Act of 

24 1969 (42 U.S.C. 4321 et seq.) and the National 


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1 Forest Management Act (16 U.S.C. 1601 et 

2 seq.). 

3 (4) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

4 Actions under this subsection shall not be subject 

5 to— 

6 (A) the notice, comment, and appeal re7 quirements of section 322 of Public Law 102– 

8 381 (the Appeals Reform Act; 16 U.S.C. 1612 

9 note); and 

10 (B) judicial review by any court of the 

11 United States. 

12 SEC. 6. ADMINISTRATIVE AND JUDICIAL REVIEW. 

13 (a) ADMINISTRATIVE REVIEW.—Administrative re14 view of eligible projects shall occur in accordance with the 

15 special administrative review process established under 

16 section 105 of the Healthy Forests Restoration Act of 

17 2003 (16 U.S.C. 6515). 

18 (b) JUDICIAL REVIEW.—Judicial review of eligible 

19 projects shall occur in accordance with section 106 of the 

20 Healthy Forests Restoration Act of 2003 (16 U.S.C. 

21 6516). 


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1 SEC. 7. ACCEPTANCE AND USE OF FUNDS OR IN-KIND 

2 SERVICES. 

3 The Secretary concerned may accept and use funds 

4 or in-kind services from any public or private entity to 

5 assist carrying out eligible projects under this Act. 

6 SEC. 8. REPORT. 

7 The Secretary concerned shall submit to the Com8 mittee on Natural Resources of the House of Representa9 tives and the Committee on Energy and Natural Re10 sources of the Senate an annual report describing all eligi11 ble projects conducted under this Act. 

Æ 


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