I 

111TH CONGRESS 

1ST SESSION H. R. 4233 

To amend the Healthy Forests Restoration Act of 2003 to expand the areas 

of Federal land on which hazardous fuel reduction projects may be 

conducted under that Act, to add protection of infrastructure in rural 

communities as an additional purpose of that Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 8, 2009 

Ms. HERSETH SANDLIN (for herself, Mr. WALDEN, Mr. BAIRD, Mrs. 

MCMORRIS RODGERS, and Mr. SCHRADER) 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 amend the Healthy Forests Restoration Act of 2003 

to expand the areas of Federal land on which hazardous 

fuel reduction projects may be conducted under that 

Act, to add protection of infrastructure in rural communities as an additional purpose of that Act, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Healthy Forests Res3 toration Amendments Act of 2009’’. 

4 SEC. 2. ADDITIONAL PURPOSE OF ACT. 

5 Section 2(6) of the Healthy Forests Restoration Act 

6 of 2003 (16 U.S.C. 6501(6)) is amended— 

7 (1) by striking ‘‘and’’ at the end of subpara8 graph (B); 

9 (2) by striking the period at the end of sub10 paragraph (C) and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new sub12 paragraph: 

13 ‘‘(D) to protect infrastructure in rural 

14 communities.’’. 

15 SEC. 3. DEFINITION OF WILDLAND-URBAN INTERFACE. 

16 Section 101(16)(A) of the Healthy Forests Restora17 tion Act of 2003 (16 U.S.C. 6511(16)(A)) is amended by 

18 inserting after ‘‘protection plan’’ the following: ‘‘, as estab19 lished in the manner described in section 101(3)’’. 

20 SEC. 4. EXPANSION OF FEDERAL LAND ELIGIBLE FOR HAZ21 ARDOUS FUEL REDUCTION PROJECTS. 

22 (a) COVERED LANDS.—Section 102(a) of the 

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

24 6512(a)) is amended— 

25 (1) in the matter preceding paragraph (1), by 

26 inserting ‘‘necessary connected actions (as described 


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1 in section 1508.25(a)1 of title 40, Code of Federal 

2 Regulations), and forest and rangeland health res3 toration,’’ after ‘‘hazardous fuels reduction 

4 projects,’’; 

5 (2) by striking paragraphs (2), (3), and (4) and 

6 inserting the following new paragraphs: 

7 ‘‘(2) condition class 2 or condition class 3 Fed8 eral land located within fire regime I, fire regime II, 

9 or fire regime III; 

10 ‘‘(3) Federal land on which windthrow or blow11 down, ice storm damage, the existence of an infesta12 tion of disease or insects, or the presence of such an 

13 infestation on immediately adjacent land and the 

14 risk it will spread, poses a significant threat to a 

15 forest or rangeland resource on the Federal land or 

16 adjacent non-Federal land; and’’; and 

17 (3) by redesignating paragraph (5) as para18 graph (4) and, in such paragraph, by striking ‘‘para19 graphs (1) through (4)’’ and inserting ‘‘paragraphs 

20 (1) through (3)’’. 

21 (b) ACREAGE LIMITATION.—Section 102 of the 

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

23 6512) is amended by striking subsection (c). 


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1 SEC. 5. FUNDING PRIORITIES. 

2 Section 103(d)(1)(A) of the Healthy Forests Restora3 tion Act of 2003 (16 U.S.C. 6513(d)(1)(A)) is amended 

4 by inserting after ‘‘interface’’ the following: ‘‘, as estab5 lished in the manner described in section 101(3)’’. 

6 SEC. 6. ALTERNATIVE ENVIRONMENTAL ANALYSIS. 

7 Subsection (d) of section 104 of the Healthy Forests 

8 Restoration Act of 2003 (16 U.S.C. 6514) is amended to 

9 read as follows: 

10 ‘‘(d) ALTERNATIVE ANALYSIS PROCESS FOR

11 PROJECTS IN WILDLAND-URBAN INTERFACE.— 

12 ‘‘(1) PROPOSED AGENCY ACTION AND NO AC13 TION ALTERNATIVE.—The Secretary is not required 

14 to study, develop, or describe more than the pro15 posed agency action and a no action alternative in 

16 the environmental assessment or environmental im17 pact statement prepared pursuant to section 102(2) 

18 of the National Environmental Policy Act of 1969 

19 (42 U.S.C. 4332(2)) for an authorized hazardous 

20 fuel reduction project that is proposed to be con21 ducted— 

22 ‘‘(A) in the wildland-urban interface, as es23 tablished in the manner described in section 

24 101(3); 

25 ‘‘(B) if subparagraph (A) does not apply, 

26 in the wildland-urban interface located no furVerDate Nov 24 2008 06:10 Dec 09, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4233.IH H4233

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ther than 11 1 ⁄2 miles from the boundary of an 

2 at-risk community; or 

3 ‘‘(C) on Federal land identified as condi4 tion class 2 or condition class 3 and not with5 drawn in this Act. 

6 ‘‘(2) ADDITIONAL ALTERNATIVE.—If an at-risk 

7 community has adopted a community wildfire pro8 tection plan in the manner described in section 

9 101(3) and the proposed agency action for an au10 thorized hazardous fuel reduction project does not 

11 implement the recommendations in the plan regard12 ing the general location and basic method of treat13 ments, the Secretary shall evaluate the recommenda14 tions in the plan as an additional alternative to the 

15 proposed agency action in the environmental assess16 ment or environmental impact statement prepared 

17 pursuant to section 102(2) of the National Environ18 mental Policy Act of 1969 (42 U.S.C. 4332(2)).’’. 

Æ 


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