II 

117TH CONGRESS 

1ST SESSION S. 2437 

To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease 

risk reduction projects on certain National Forest System land, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2021 

Mr. THUNE 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 require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects 

on certain National Forest System 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 ‘‘Expediting Forest Res5 toration and Recovery Act of 2021’’. 


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1 SEC. 2. APPLICATION BY FOREST SERVICE OF AUTHORI2 TIES TO EXPEDITE ENVIRONMENTAL ANAL3 YSES IN CARRYING OUT HAZARDOUS FUEL 

4 AND INSECT AND DISEASE RISK REDUCTION 

5 PROJECTS. 

6 Section 104 of the Healthy Forests Restoration Act 

7 of 2003 (16 U.S.C. 6514) is amended by adding at the 

8 end the following: 

9 ‘‘(i) APPLICATION BY FOREST SERVICE OF AUTHORI10 TIES TO EXPEDITE ENVIRONMENTAL ANALYSES IN CAR11 RYING OUT HAZARDOUS FUEL AND INSECT AND DISEASE

12 RISK REDUCTION PROJECTS.— 

13 ‘‘(1) DEFINITIONS.—In this subsection: 

14 ‘‘(A) INSECT AND DISEASE TREATMENT

15 AREA.—The term ‘insect and disease treatment 

16 area’ means an area that— 

17 ‘‘(i) is designated by the Secretary as 

18 an insect and disease treatment area under 

19 this title; or 

20 ‘‘(ii) is designated as at risk or a haz21 ard on the most recent National Insect and 

22 Disease Risk Map published by the Forest 

23 Service. 

24 ‘‘(B) SECRETARY.—The term ‘Secretary’ 

25 has the meaning given the term in section 

26 101(14)(A). 


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1 ‘‘(2) USE OF AUTHORITIES.—In carrying out a 

2 hazardous fuel or insect and disease risk reduction 

3 project in an insect and disease treatment area au4 thorized under this Act, the Secretary shall— 

5 ‘‘(A) apply the categorical exclusion estab6 lished by section 603 in the case of a hazardous 

7 fuel or insect and disease risk reduction project 

8 carried out in an area— 

9 ‘‘(i) designated as suitable for timber 

10 production within the applicable forest 

11 plan; or 

12 ‘‘(ii) where timber harvest activities 

13 are not prohibited; 

14 ‘‘(B) conduct applicable environmental as15 sessments and environmental impact statements 

16 in accordance with this section in the case of a 

17 hazardous fuel or insect and disease risk reduc18 tion project— 

19 ‘‘(i) carried out in an area— 

20 ‘‘(I) outside of an area described 

21 in subparagraph (A); or 

22 ‘‘(II) where other significant re23 source concerns exist, as determined 

24 exclusively by the Secretary; or 


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1 ‘‘(ii) that is carried out in an area 

2 equivalent to not less than a hydrologic 

3 unit code 5 watershed, as defined by the 

4 United States Geological Survey; and 

5 ‘‘(C) notwithstanding subsection (d), in the 

6 case of any other hazardous fuel or insect and 

7 disease reduction project, in the environmental 

8 assessment or environmental impact statement 

9 prepared under subsection (b), study, develop, 

10 and describe— 

11 ‘‘(i) the proposed agency action; and 

12 ‘‘(ii) the alternative of no action. 

13 ‘‘(3) PRIORITY FOR REDUCING RISKS OF IN14 SECT INFESTATION AND WILDFIRE.—Except where 

15 established as a mandatory standard that constrains 

16 project and activity decision making in a resource 

17 management plan (as defined in section 101(13)(A)) 

18 in effect on the date of enactment of this Act, in the 

19 case of an insect and disease treatment area, the 

20 Secretary shall prioritize reducing the risks of insect 

21 and disease infestation and wildfire over other plan22 ning objectives. 

23 ‘‘(4) INCLUSION OF FIRE REGIME GROUPS IV

24 AND V.—Notwithstanding section 603(c)(2)(B), the 

25 Secretary shall apply the categorical exclusion deVerDate Sep 11 2014 02:21 Jul 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2437.IS S2437

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1 scribed in paragraph (2)(A) to areas in Fire Regime 

2 Groups IV and V. 

3 ‘‘(5) EXCLUDED AREAS.—This subsection shall 

4 not apply to— 

5 ‘‘(A) a component of the National Wilder6 ness Preservation System; or 

7 ‘‘(B) an inventoried roadless area, except 

8 in the case of an activity that is permitted 

9 under— 

10 ‘‘(i) the final rule of the Secretary en11 titled ‘Special Areas; Roadless Area Con12 servation’ (66 Fed. Reg. 3244 (January 

13 12, 2001)); or 

14 ‘‘(ii) a State-specific roadless area 

15 conservation rule. 

16 ‘‘(6) REPORTS.—The Secretary shall annually 

17 make publicly available data describing the acreage 

18 treated under hazardous fuel or insect and disease 

19 risk reduction projects in insect and disease treat20 ment areas during the previous year.’’. 

21 SEC. 3. GOOD NEIGHBOR AUTHORITY. 

22 Section 8206(b)(2) of the Agricultural Act of 2014 

23 (16 U.S.C. 2113a(b)(2)) is amended by striking subpara24 graph (C) and inserting the following: 


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1 ‘‘(C) TREATMENT OF REVENUE.—Funds 

2 received from the sale of timber by a Governor 

3 of a State under a good neighbor agreement 

4 shall be retained and used by the Governor— 

5 ‘‘(i) to carry out authorized restora6 tion services under that good neighbor 

7 agreement; and 

8 ‘‘(ii) if funds remain after carrying 

9 out authorized restoration services under 

10 clause (i), to carry out authorized restora11 tion services within the State under other 

12 good neighbor agreements.’’. 

Æ 


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