I 

114TH CONGRESS 

1ST SESSION H. R. 695 

To address the bark beetle epidemic, drought, deteriorating forest health 

conditions, and high risk of wildfires on National Forest System land 

and land under the jurisdiction of the Bureau of Land Management 

by expanding authorities established in the Healthy Forest Restoration 

Act of 2003 to provide emergency measures for high-risk areas identified 

by such States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2015 

Mr. TIPTON (for himself, Mr. BENISHEK, Mr. AMODEI, Mrs. LUMMIS, Mr. 

STEWART, Mr. PEARCE, Mr. ISSA, Mr. ZINKE, Mr. LABRADOR, Mr. 

COSTA, Mr. GOSAR, Mr. THOMPSON of Pennsylvania, Mr. COOK, Mr. 

LAMBORN, and Mr. CHAFFETZ) 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 bark beetle epidemic, drought, deteriorating 

forest health conditions, and high risk of wildfires on 

National Forest System land and land under the jurisdiction of the Bureau of Land Management by expanding 

authorities established in the Healthy Forest Restoration 

Act of 2003 to provide emergency measures for highrisk areas identified by such States, and for other purposes. 


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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; TABLE OF CONTENTS. 

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

5 ‘‘Healthy Forest Management and Wildfire Prevention 

6 Act’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Congressional declaration of bark beetle epidemic, drought, deteriorating forest health conditions, and high risk of wildfires in 

States as imminent threat. 

Sec. 4. State designation of high-risk areas of National Forest System and public lands. 

Sec. 5. Designation of high-risk areas by the Secretary concerned. 

Sec. 6. Use of emergency hazardous fuels reduction projects for high-risk areas. 

Sec. 7. Applicability of expedited procedures and authorities of Healthy Forests 

Restoration Act of 2003 to emergency hazardous fuels reduction projects. 

Sec. 8. Authorized duration of stewardship end result contracting project contracts. 

9 SEC. 2. DEFINITIONS. 

10 In this Act: 

11 (1) EMERGENCY HAZARDOUS FUELS REDUC12 TION PROJECT.—The term ‘‘emergency hazardous 

13 fuels reduction project’’ means a project or activity 

14 carried out in a high-risk area to address the bark 

15 beetle epidemic, drought, or deteriorating forest 

16 health conditions and the resulting imminent risk of 

17 devastating wildfires. 

18 (2) HIGH-RISK AREA.—The term ‘‘high-risk 

19 area’’ means an area of National Forest System 


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1 land or public lands identified under section 4 as an 

2 area suffering from the bark beetle epidemic, 

3 drought, or deteriorating forest health conditions, 

4 with the resulting imminent risk of devastating 

5 wildfires, or otherwise at high risk for bark beetle 

6 infestation, drought, or wildfire. 

7 (3) NATIONAL FOREST SYSTEM.—The term 

8 ‘‘National Forest System’’ has the meaning given 

9 that term in section 11(a) of the Forest and Range10 land Renewable Resources Planning Act of 1974 (16 

11 U.S.C. 1609(a)). 

12 (4) PUBLIC LANDS.—The term ‘‘public lands’’ 

13 has the meaning given that term in section 103(e) 

14 of the Federal Land Policy and Management Act of 

15 1976 (43 U.S.C. 1702(e)). 

16 (5) SECRETARY CONCERNED.—The term ‘‘Sec17 retary concerned’’ means— 

18 (A) the Secretary of Agriculture, with re19 spect to the National Forest System; and 

20 (B) the Secretary of the Interior, with re21 spect to public lands. 

22 (6) The term ‘‘State’’ means any of the several 

23 States containing National Forest System land or 

24 public lands. The term includes the Commonwealth 

25 of Puerto Rico. 


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1 SEC. 3. CONGRESSIONAL DECLARATION OF BARK BEETLE 

2 EPIDEMIC, DROUGHT, DETERIORATING FOR3 EST HEALTH CONDITIONS, AND HIGH RISK 

4 OF WILDFIRES IN STATES AS IMMINENT 

5 THREAT. 

6 Congress hereby declares that the bark beetle epi7 demic, drought, and deteriorating forest health conditions 

8 on National Forest System land and public lands in the 

9 States, with the resulting imminent risk of devastating 

10 wildfires that pose a significant threat to the economic sta11 bility of communities in the affected areas and the health, 

12 safety, and well-being of residents, firefighters, and visi13 tors to the areas, is an ‘‘imminent threat’’ within the 

14 meaning of section 294.12(b)(1) of title 36, Code of Fed15 eral Regulations (2002 Edition) and any existing or pend16 ing roadless area management rule applicable to a State. 

17 SEC. 4. STATE DESIGNATION OF HIGH-RISK AREAS OF NA18 TIONAL FOREST SYSTEM AND PUBLIC LANDS. 

19 (a) DESIGNATION AUTHORITY.—The Governor of a 

20 State may designate high-risk areas of the National For21 est System and public lands in the State for the purposes 

22 of addressing— 

23 (1) deteriorating forest health conditions in ex24 istence as of the date of the enactment of this Act 

25 due to the bark beetle epidemic or drought, with the 

26 resulting imminent risk of devastating wildfires; and 


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1 (2) the future risk of insect infestations or dis2 ease outbreaks through preventative treatments to 

3 improve forest health conditions. 

4 (b) CONSULTATION.—In designating high-risk areas, 

5 the Governor of a State shall consult with county govern6 ment from affected counties and with affected Indian 

7 tribes. 

8 (c) EXCLUSION OF CERTAIN AREAS.—The following 

9 National Forest System land or public lands may not be 

10 designated as a high-risk area: 

11 (1) A component of the National Wilderness 

12 Preservation System. 

13 (2) A National Monument. 

14 (d) STANDARDS FOR DESIGNATION.—Designation of 

15 high-risk areas shall be consistent with standards and 

16 guidelines contained in the land and resource management 

17 plan or land use plan for the unit of the National Forest 

18 System or public lands for which the designation is being 

19 made, except that the Secretary concerned may modify 

20 such standards and guidelines to correspond with a spe21 cific high-risk area designation. 

22 (e) TIME FOR INITIAL DESIGNATIONS.—The first 

23 high-risk areas should be designated not later than 60 

24 days after the date of the enactment of this Act but may 

25 be designated at any time consistent with subsection (a). 


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1 (f) DURATION OF DESIGNATION.—The designation of 

2 a high-risk area in a State shall expire 20 years after the 

3 date of the designation, unless earlier terminated by the 

4 Governor of the State. 

5 (g) REDESIGNATION.—The expiration of the 20-year 

6 period specified in subsection (f) does not prohibit the 

7 Governor from redesignating an area of the National For8 est System land or public lands as a high-risk area under 

9 this section if the Governor determines that the area of 

10 National Forest System land or public lands continues to 

11 be subject to the terms of this section. 

12 (h) RECOGNITION OF VALID AND EXISTING

13 RIGHTS.—The designation of a high-risk area shall not 

14 be construed to limit or restrict— 

15 (1) access to National Forest System land or 

16 public lands included in the area for hunting, fish17 ing, and other related purposes; or 

18 (2) valid and existing rights regarding the Na19 tional Forest System land or public lands. 

20 SEC. 5. DESIGNATION OF HIGH-RISK AREAS BY THE SEC21 RETARY CONCERNED. 

22 (a) DESIGNATION AUTHORITY.—The Secretary con23 cerned may designate high-risk areas of the National For24 est System and the public lands for the purposes of ad25 dressing— 


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1 (1) deteriorating forest health conditions in ex2 istence as of the date of the enactment of this Act 

3 due to the bark beetle epidemic or drought, with the 

4 resulting imminent risk of devastating wildfires; and 

5 (2) the future risk of insect infestations or dis6 ease outbreaks through preventative treatments to 

7 improve forest health conditions. 

8 (b) CONSULTATION.—In designating high-risk areas, 

9 the Secretary concerned shall consult with Governors of 

10 affected States, county government from affected counties, 

11 and with affected Indian tribes. 

12 (c) EXCLUSION OF CERTAIN AREAS.—The following 

13 National Forest System land or public lands may not be 

14 designated as a high-risk area: 

15 (1) A component of the National Wilderness 

16 Preservation System. 

17 (2) A National Monument. 

18 (d) STANDARDS FOR DESIGNATION.—Designation of 

19 high risk areas shall be consistent with standards and 

20 guidelines contained in the land and resource management 

21 plan or land use plan for the unit of the National Forest 

22 System or public lands for which the designation is being 

23 made, except that the Secretary concerned may modify 

24 such standards and guidelines to correspond with a spe25 cific high-risk area designation. 


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1 (e) TIME FOR INITIAL DESIGNATIONS.—The first 

2 high-risk areas should be designated not later than 60 

3 days after the date of the enactment of this Act but may 

4 be designated at any time consistent with subsection (a). 

5 (f) DURATION OF DESIGNATION.—The designation of 

6 a high-risk area in a State shall expire 20 years after the 

7 date of the designation, unless earlier terminated by the 

8 Secretary concerned. 

9 (g) REDESIGNATION.—The expiration of the 20-year 

10 period specified in subsection (f) does not prohibit the Sec11 retary concerned from redesignating an area of the Na12 tional Forest System or public lands as a high-risk area 

13 if the Secretary determines that the National Forest Sys14 tem land or public lands continues to be subject to the 

15 terms of this section, except that such redesignation is 

16 subject to consultation with Governors from affected 

17 States, county government from affected counties, and af18 fected Indian tribes. 

19 (h) RECOGNITION OF VALID AND EXISTING

20 RIGHTS.—The designation of a high-risk area shall not 

21 be construed to limit or restrict— 

22 (1) access to National Forest System land or 

23 public lands included in the area for hunting, fish24 ing, and other related purposes; or 


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1 (2) valid and existing rights regarding the Na2 tional Forest System land or public lands. 

3 SEC. 6. USE OF EMERGENCY HAZARDOUS FUELS REDUC4 TION PROJECTS FOR HIGH-RISK AREAS. 

5 (a) PROJECT PROPOSALS.— 

6 (1) PROPOSALS AUTHORIZED.—Upon designa7 tion of a high-risk area in a State, the Governor of 

8 the State may provide for the development of pro9 posed emergency hazardous fuels reduction projects 

10 for the high-risk area. The Secretary concerned also 

11 may develop emergency hazardous fuels reduction 

12 projects. 

13 (2) PROJECT CRITERIA.—In preparing proposed 

14 emergency hazardous fuels reduction projects, the 

15 Governor of a State and the Secretary concerned 

16 shall— 

17 (A) take into account managing for rights 

18 of way, protection of watersheds, protection of 

19 wildlife and endangered species habitat, safe20 guarding water resources, and protecting local 

21 communities from wildfires; and 

22 (B) emphasize activities that thin the for23 est to provide the greatest health and longevity 

24 of the forest. 


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1 (b) CONSULTATION.—In preparing proposed emer2 gency hazardous fuels reduction projects, the Governor of 

3 a State shall consult with county government from af4 fected counties, and with affected Indian tribes. If the Sec5 retary concerned develops a proposal, the Secretary con6 cerned shall consult with the Governor of the affected 

7 State, county government from affected counties, and af8 fected Indian tribes. 

9 (c) SUBMISSION AND IMPLEMENTATION.—The Gov10 ernor of a State shall submit proposed emergency haz11 ardous fuels reduction projects to the Secretary concerned 

12 for implementation. 

13 (d) IMPLEMENTATION OF PROJECTS.— 

14 (1) STATE PROPOSED PROJECTS.—The Sec15 retary concerned shall implement hazardous fuels re16 duction projects proposed by Governors within 60 

17 days of the date on which the Secretary receives the 

18 proposal. 

19 (2) SECRETARY PROPOSED PROJECTS.—The 

20 Secretary concerned shall implement hazardous fuels 

21 reduction projects proposed by the Secretary con22 cerned within 60 days of the date on which the pro23 posal is finalized. 


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1 SEC. 7. APPLICABILITY OF EXPEDITED PROCEDURES AND 

2 AUTHORITIES OF HEALTHY FORESTS RES3 TORATION ACT OF 2003 TO EMERGENCY HAZ4 ARDOUS FUELS REDUCTION PROJECTS. 

5 (a) APPLICABILITY.—Subject to subsections (b) 

6 through (e), title I of the Healthy Forests Restoration Act 

7 of 2003 (16 U.S.C. 6511 et seq.) (including the environ8 mental analysis requirements of section 104 of that Act 

9 (16 U.S.C. 6514), the special administrative review proc10 ess under section 105 of that Act (16 U.S.C. 6515), and 

11 the judicial review process under section 106 of that Act 

12 (16 U.S.C. 6516)), shall apply to all emergency hazardous 

13 fuels reduction projects developed under section 6. 

14 (b) REQUIRED MODIFICATIONS.—In applying title I 

15 of the Healthy Forests Restoration Act of 2003 (16 

16 U.S.C. 6511 et seq.) to emergency hazardous fuels reduc17 tion projects, the Secretary concerned shall make the fol18 lowing modifications: 

19 (1) The authority shall apply to the entire high20 risk area, including land that is outside of a 

21 wildland-urban interface area or that does not sat22 isfy any of the other eligibility criteria specified in 

23 section 102(a) of that Act (16 U.S.C. 6512(a)). 

24 (2) All projects and activities of the Secretary 

25 concerned, including necessary connected actions (as 

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


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1 of Federal Regulations), of the emergency hazardous 

2 fuels reduction project shall be deemed to be an au3 thorized hazardous fuel reduction project for pur4 poses of applying the title. 

5 (3) The Secretary is not required to study, de6 velop, or describe more than the proposed agency ac7 tion and a no-action alternative in the environmental 

8 assessment or environmental impact statement pre9 pared pursuant to section 102(2) of the National 

10 Environmental Policy Act of 1969 (42 U.S.C. 

11 4332(2)) for an emergency hazardous fuels reduc12 tion project, except that, if an at-risk community 

13 has adopted a community wildfire protection plan 

14 (as defined in section 101(3) of the Healthy Forest 

15 Restoration Act of 2003 (16 U.S.C. 6511(3))) that 

16 includes the land covered by the proposed agency ac17 tion, but the proposed agency action does not imple18 ment the recommendations in the plan regarding the 

19 general location and basic method of treatments, the 

20 Secretary shall evaluate the recommendations in the 

21 plan as an additional alternative to the proposed 

22 agency action. 

23 (c) FOREST MANAGEMENT PLANS.—All projects and 

24 activities carried out as part of an emergency hazardous 

25 fuels reduction project in a designated high-risk area shall 


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1 be consistent with standards and guidelines contained in 

2 the land and resource management plan or land use plan 

3 for the unit of the National Forest System or public lands 

4 for which the designation is made, except that the Sec5 retary concerned may modify such standards and guide6 lines to correspond with a specific high-risk area designa7 tion. 

8 (d) RETENTION OF NEPA RESPONSIBILITIES.—Any 

9 decision required to be made under the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 

11 respect to any project or activity to be carried out as part 

12 of an emergency hazardous fuels reduction project in a 

13 high-risk area shall not be delegated to a State forester 

14 or any other officer or employee of the State in which the 

15 emergency hazardous fuels reduction project will be car16 ried out. 

17 (e) CATEGORICAL EXCLUSION.—If a project or activ18 ity to be carried out as part of an emergency hazardous 

19 fuels reduction project in a high-risk area involves the re20 moval of insect-infected trees or other hazardous fuels 

21 within 500 feet of utility or telephone infrastructure, 

22 campgrounds, roadsides, heritage sites, recreation sites, 

23 schools, or other infrastructure, the project or activity is 

24 categorically excluded from the requirement to prepare an 

25 environmental assessment or an environmental impact 


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1 statement under the National Environmental Policy Act 

2 of 1969 (42 U.S.C. 4321 et seq.) so long as the project 

3 or activity is otherwise conducted consistently with agency 

4 and departmental procedures and the applicable land and 

5 resource management plan or land use plan. 

6 SEC. 8. AUTHORIZED DURATION OF STEWARDSHIP END RE7 SULT CONTRACTING PROJECT CONTRACTS. 

8 Section 604(d)(3)(B) of the Healthy Forest Restora9 tion Act of 2003 (16 U.S.C. 6591c(d)(3)(B)) is amended 

10 by striking ‘‘10 years’’ and inserting ‘‘20 years’’. 

Æ 


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