II 

115TH CONGRESS 

1ST SESSION S. 1752 

To amend the Healthy Forests Restoration Act of 2003 to expedite wildfire 

prevention projects to reduce the risk of wildfire on certain high-risk 

Federal land, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 3, 2017 

Mr. HELLER (for himself, Mr. FLAKE, Mr. RISCH, and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry 

A BILL 

To amend the Healthy Forests Restoration Act of 2003 

to expedite wildfire prevention projects to reduce the 

risk of wildfire on certain high-risk Federal land, 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 ‘‘Emergency Fuel Re5 duction Act of 2017’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

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1 (1) to expedite wildfire prevention projects to 

2 reduce the risk of wildfire on certain high-risk Fed3 eral land adjacent to communities, private property, 

4 and critical infrastructure; 

5 (2) to improve forest and wildland health; and 

6 (3) to promote the recovery of threatened or en7 dangered species or other species under consider8 ation to be listed under the Endangered Species Act 

9 of 1973 (16 U.S.C. 1531 et seq.), including the 

10 sage-grouse species, the habitat of which is nega11 tively impacted by wildland fire. 

12 SEC. 3. EXPEDITED REVIEW OF PROJECTS ON FEDERAL 

13 LAND. 

14 Section 104 of the Healthy Forests Restoration Act 

15 of 2003 (16 U.S.C. 6514) is amended— 

16 (1) by redesignating subsections (e) through (h) 

17 as subsections (f) through (i), respectively; 

18 (2) in subsection (c)(1)(C)(i), by striking ‘‘sub19 section (f)’’ and inserting ‘‘subsection (g)’’; and 

20 (3) by inserting after subsection (d) the fol21 lowing: 

22 ‘‘(e) CATEGORICAL EXCLUSION OF CERTAIN

23 PROJECTS.— 

24 ‘‘(1) IN GENERAL.—An authorized hazardous 

25 fuel reduction project shall be categorically excluded 

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1 from the requirements of the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

3 if the project— 

4 ‘‘(A) involves the removal of— 

5 ‘‘(i) insect-infected trees; 

6 ‘‘(ii) dead or dying trees; 

7 ‘‘(iii) trees presenting a threat to pub8 lic safety; or 

9 ‘‘(iv) other hazardous fuels threat10 ening— 

11 ‘‘(I) utility or communications in12 frastructure; 

13 ‘‘(II) municipal water supply sys14 tems; 

15 ‘‘(III) campgrounds; 

16 ‘‘(IV) roadsides; 

17 ‘‘(V) schools; or 

18 ‘‘(VI) other infrastructure; 

19 ‘‘(B) is conducted on Federal land that— 

20 ‘‘(i) is not located in the wildland21 urban interface; 

22 ‘‘(ii) is located within not more than 

23 1.5 miles of non-Federal land; and 

24 ‘‘(iii) on which the Secretary deter25 mines that conditions, such as the risk of 

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1 wildfire, an insect or disease epidemic, or 

2 the presence of invasive species, pose a risk 

3 to adjacent non-Federal land; or 

4 ‘‘(C) treats 10,000 acres or less of Federal 

5 land that— 

6 ‘‘(i) is at particular risk for wildfire; 

7 ‘‘(ii) contains threatened and endan8 gered species habitat; or 

9 ‘‘(iii) provides conservation benefits 

10 to— 

11 ‘‘(I) a species that is not listed as 

12 an endangered species or a threatened 

13 species under section 4 of the Endan14 gered Species Act of 1973 (16 U.S.C. 

15 1533), but is under consideration to 

16 be listed; 

17 ‘‘(II) a State-listed species; or 

18 ‘‘(III) a special concern species. 

19 ‘‘(2) APPLICABILITY.—This subsection shall not 

20 apply to Federal land— 

21 ‘‘(A) that is a component of the National 

22 Wilderness Preservation System; 

23 ‘‘(B) on which the removal of vegetation is 

24 specifically prohibited by Federal statute; or 

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1 ‘‘(C) that is within a National Monument 

2 as of the date of enactment of this subsection.’’. 

Æ 

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