II 

112TH CONGRESS 

2D SESSION S. 3409 

To address the forest health, public safety, and wildlife habitat threat presented by the risk of wildfire, including catastrophic wildfire, on National 

Forest System land and public land managed by the Bureau of Land 

Management by requiring the Secretary of Agriculture and the Secretary 

of the Interior to expedite forest management projects relating to hazardous fuels reduction, forest health, and economic development, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 19, 2012 

Mr. LEE introduced the following bill; which was read twice and referred to 

the Committee on Energy and Natural Resources 

A BILL 

To address the forest health, public safety, and wildlife habitat threat presented by the risk of wildfire, including 

catastrophic wildfire, on National Forest System land 

and public land managed by the Bureau of Land Management by requiring the Secretary of Agriculture and 

the Secretary of the Interior to expedite forest management projects relating to hazardous fuels reduction, forest health, and economic development, 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, 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•S 3409 IS

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Catastrophic Wildfire Prevention Act of 2012’’. 

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. Purposes. 

Sec. 3. Definitions. 

Sec. 4. Authorized wildfire prevention projects. 

Sec. 5. Public review and environmental analysis. 

Sec. 6. Administrative and judicial review. 

Sec. 7. Threatened and endangered species designations. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to expedite wildfire prevention projects to 

9 reduce the chances of wildfire (including cata10 strophic wildfire) on certain Federal land; 

11 (2) to reduce threats to endangered species 

12 from wildfires; and 

13 (3) to provide to the Secretary of Agriculture 

14 and the Secretary of the Interior tools to streamline 

15 projects to reduce the potential for wildfires. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

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

19 community’’ has the meaning given the term in sec20 tion 101 of the Healthy Forests Restoration Act of 

21 2003 (16 U.S.C. 6511). 


tkelley on DSK3SPTVN1PROD with BILLS
3 

•S 3409 IS

1 (2) AT-RISK FOREST.—The term ‘‘at-risk for2 est’’ means— 

3 (A) Federal land on which there is a high 

4 risk of losing an at-risk community, key eco5 system, wildlife, or wildlife habitat to wildfire 

6 (including catastrophic wildfire and post-fire 

7 disturbances), as documented by the Secretary 

8 concerned; or 

9 (B) Federal land in condition class II or 

10 III, as those classes were developed by the For11 est Service Rocky Mountain Research Station 

12 in the general technical report entitled ‘‘Devel13 opment of Coarse-Scale Spatial Data for 

14 Wildland Fire and Fuel Management’’ (RMRS– 

15 87) and dated April 2000 (including any subse16 quent revision to the report). 

17 (3) AUTHORIZED WILDFIRE PREVENTION

18 PROJECT.— 

19 (A) IN GENERAL.—The term ‘‘authorized 

20 wildfire prevention project’’ means the meas21 ures and methods developed for a project to be 

22 carried out in an at-risk forest or on threatened 

23 and endangered species habitat by the Sec24 retary concerned for the purpose of hazardous 

25 fuels reduction, forest health, forest restoration, 


tkelley on DSK3SPTVN1PROD with BILLS
4 

•S 3409 IS

1 watershed restoration, or threatened and endan2 gered species habitat protection. 

3 (B) INCLUSIONS.—The term ‘‘authorized 

4 wildfire prevention project’’ includes livestock 

5 grazing and timber harvest projects carried out 

6 for 1 or more of the purposes described in sub7 paragraph (A). 

8 (4) FEDERAL LAND.— 

9 (A) IN GENERAL.—The term ‘‘Federal 

10 land’’ means— 

11 (i) land of the National Forest System 

12 (as defined in section 11(a) of the Forest 

13 and Rangeland Renewable Resources Plan14 ning Act of 1974 (16 U.S.C. 1609(a))); or 

15 (ii) public land. 

16 (B) EXCLUSION.—The term ‘‘Federal 

17 land’’ does not include land in which the re18 moval of vegetation is specifically prohibited by 

19 Federal law unless the land is in an inventoried 

20 roadless area or wilderness study area. 

21 (5) PUBLIC LAND.—The term ‘‘public land’’ 

22 has the meaning given the term ‘‘public lands’’ in 

23 section 103 of the Federal Land Policy and Manage24 ment Act of 1976 (43 U.S.C. 1702). 


tkelley on DSK3SPTVN1PROD with BILLS
5 

•S 3409 IS

1 (6) SECRETARY CONCERNED.—The term ‘‘Sec2 retary concerned’’ means— 

3 (A) the Secretary of Agriculture, with re4 spect to land of the National Forest System de5 scribed in paragraph (4)(A)(i); and 

6 (B) the Secretary of the Interior, with re7 spect to public land. 

8 (7) THREATENED AND ENDANGERED SPECIES

9 HABITAT.—The term ‘‘threatened and endangered 

10 species habitat’’ means Federal land on which nat11 ural fire regimes are identified as being important 

12 for, or wildfire is identified as a threat to, an endan13 gered species, a threatened species, or habitat of an 

14 endangered species or threatened species in— 

15 (A) a species recovery plan prepared under 

16 section 4 of the Endangered Species Act of 

17 1973 (16 U.S.C. 1533); or 

18 (B) a notice published in the Federal Reg19 ister that— 

20 (i) determines a species to be an en21 dangered species or a threatened species; 

22 or 

23 (ii) designates critical habitat for an 

24 endangered species or a threatened species. 


tkelley on DSK3SPTVN1PROD with BILLS
6 

•S 3409 IS

1 SEC. 4. AUTHORIZED WILDFIRE PREVENTION PROJECTS. 

2 (a) PROJECTS AUTHORIZED.—As soon as practicable 

3 after the date of enactment of this Act, the Secretary con4 cerned shall implement authorized wildfire prevention 

5 projects in at-risk forests and on threatened and endan6 gered species habitat in a manner that focuses on surface, 

7 ladder, and canopy fuels reduction activities. 

8 (b) PROJECT ELEMENTS.— 

9 (1) THREATENED AND ENDANGERED SPECIES

10 HABITAT.—In the case of an authorized wildfire pre11 vention project carried out on threatened and endan12 gered species habitat, the project shall be carried 

13 out— 

14 (A) to provide enhanced protection from 

15 wildfire (including catastrophic wildfire) for the 

16 endangered species, threatened species, or habi17 tat of the endangered species or threatened spe18 cies; and 

19 (B) in compliance with any applicable 

20 guidelines specified in the species recovery plan 

21 prepared under section 4 of the Endangered 

22 Species Act of 1973 (16 U.S.C. 1533). 

23 (2) AT-RISK FORESTS.—In the case of an au24 thorized wildfire prevention project carried out in an 

25 at-risk forest, the project shall be carried out so as 

26 to move Federal land in condition class II or III toVerDate Mar 15 2010 15:49 Jul 20, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3409.IS S3409

tkelley on DSK3SPTVN1PROD with BILLS
7 

•S 3409 IS

1 ward condition class I, as those classes were devel2 oped by the Forest Service Rocky Mountain Re3 search Station in the general technical report enti4 tled ‘‘Development of Coarse-Scale Spatial Data for 

5 Wildland Fire and Fuel Management’’ (RMRS–87) 

6 and dated April 2000 (including any subsequent re7 vision to the report). 

8 (c) GRAZING.— 

9 (1) IN GENERAL.—Domestic livestock grazing 

10 may be used in an authorized wildfire prevention 

11 project— 

12 (A) to reduce surface fuel loads; and 

13 (B) to recover burned areas. 

14 (2) UTILIZATION STANDARDS.—Utilization 

15 standards shall not apply in cases in which domestic 

16 livestock grazing is used in an authorized wildfire 

17 prevention project. 

18 (d) TIMBER HARVESTING AND THINNING.—Timber 

19 harvesting and thinning may be used in an authorized 

20 wildfire prevention project to reduce ladder and canopy 

21 fuel loads to prevent wildfire (including catastrophic wild22 fire). 

23 (e) RELATION TO LAND AND RESOURCE MANAGE24 MENT PLANS AND LAND USE PLAN.—Nothing in this sec25 tion requires the Secretary concerned, as a condition of 


tkelley on DSK3SPTVN1PROD with BILLS
8 

•S 3409 IS

1 conducting an authorized wildfire prevention project, to 

2 revise or amend— 

3 (1) the land and resource management plan ap4 plicable to the National Forest System land on 

5 which authorized wildfire prevention project is to be 

6 conducted; or 

7 (2) the land use plan applicable to the public 

8 land on which the authorized wildfire prevention 

9 project is to be conducted. 

10 (f) CONSIDERATION OF PUBLIC PETITIONS.—Not 

11 later than 60 days after the date on which the Secretary 

12 receives a public petition for the designation of Federal 

13 land as an at-risk forest or as a threatened and endan14 gered species habitat, the Secretary concerned shall— 

15 (1) review the petition; and 

16 (2) make a determination regarding the des17 ignation. 

18 SEC. 5. PUBLIC REVIEW AND ENVIRONMENTAL ANALYSIS. 

19 (a) PUBLIC NOTICE AND COMMENT.— 

20 (1) INITIAL NOTICE.—The Secretary concerned 

21 shall publish in the Federal Register notice of a pro22 posed authorized wildfire prevention project. 

23 (2) WRITTEN COMMENTS.—Not later than 30 

24 days after the date of publication of the notice under 

25 paragraph (1), any person may submit to the SecVerDate Mar 15 2010 15:49 Jul 20, 2012 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3409.IS S3409

tkelley on DSK3SPTVN1PROD with BILLS
9 

•S 3409 IS

1 retary specific written comments that relate to the 

2 proposed authorized wildfire prevention project. 

3 (3) FINAL DESIGNATED PROJECT.— 

4 (A) IN GENERAL.—Not later than 60 days 

5 after the date on which the notice is published 

6 under paragraph (1), after taking into account 

7 any comments received under paragraph (2), 

8 the Secretary concerned shall— 

9 (i) designate the final authorized wild10 fire prevention project; and 

11 (ii) publish in the Federal Register 

12 notice of the final authorized wildfire pre13 vention project. 

14 (B) WRITTEN COMMENTS.—Not later than 

15 30 days after the date on which the notice is 

16 published under subparagraph (A)(ii), any per17 son who submitted comments regarding the 

18 proposed authorized wildfire prevention project 

19 under paragraph (2) may submit to the Sec20 retary specific written comments that relate to 

21 the final designated authorized wildfire preven22 tion project. 

23 (b) ENVIRONMENTAL ANALYSIS GENERALLY.—Ex24 cept as otherwise provided in this Act, the Secretary con25 cerned shall comply with the National Environmental PolVerDate Mar 15 2010 15:49 Jul 20, 2012 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3409.IS S3409

tkelley on DSK3SPTVN1PROD with BILLS
10 

•S 3409 IS

1 icy Act of 1969 (42 U.S.C. 4321 et seq.) and other appli2 cable laws in planning and conducting an authorized wild3 fire prevention project. 

4 (c) INTERAGENCY COOPERATION.—The informal 

5 consultation requirements in section 402.05 of title 50, 

6 Code of Federal Regulations (or a successor regulation), 

7 shall apply to an authorized wildfire prevention project. 

8 (d) SPECIAL RULES FOR CERTAIN PROJECTS.— 

9 (1) COVERED PROJECTS; DEADLINE.—If an au10 thorized wildfire prevention project includes timber 

11 harvesting or grazing, the Secretary concerned shall 

12 prepare an environmental assessment not later than 

13 30 days after the date on which the notice is pub14 lished under subsection (a)(1) for the proposed 

15 agency action under section 102(2) of the National 

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

17 4332(2)). 

18 (2) EFFECT OF FAILURE TO MEET DEAD19 LINE.—The authorized wildfire prevention project 

20 shall be considered to be compliant with all require21 ments of the National Environmental Policy Act of 

22 1969 (42 U.S.C. 4321 et seq.) if the Secretary con23 cerned fails to meet the deadline specified in para24 graph (1). 

25 (3) PROJECT LENGTHS.— 


tkelley on DSK3SPTVN1PROD with BILLS
11 

•S 3409 IS

1 (A) LIVESTOCK GRAZING PROJECTS.—In 

2 the case of a livestock grazing project, an envi3 ronmental assessment conducted under para4 graph (1) shall be considered to be sufficient 

5 for a minimum of 10 years. 

6 (B) TIMBER HARVEST PROJECTS.—In the 

7 case of a timber harvest project, an environ8 mental assessment conducted under paragraph 

9 (1) shall be considered to be sufficient for a 

10 minimum of 20 years. 

11 (4) ALTERNATIVES.—Nothing in this section 

12 requires the Secretary concerned to study, develop, 

13 or describe any alternative to the proposed agency 

14 action in the environmental assessment conducted 

15 under paragraph (1). 

16 (e) EFFECT OF COMPLIANCE.—Compliance with this 

17 section shall be considered to satisfy the requirements of— 

18 (1) the National Environmental Policy Act of 

19 1969 (42 U.S.C. 4321 et seq.); 

20 (2) section 14 of the National Forest Manage21 ment Act of 1976 (16 U.S.C. 472a); 

22 (3) the Endangered Species Act of 1973 (16 

23 U.S.C. 1531 et seq.); and 

24 (4) the Multiple-Use Sustained-Yield Act of 

25 1960 (16 U.S.C. 528 et seq.). 


tkelley on DSK3SPTVN1PROD with BILLS
12 

•S 3409 IS

1 SEC. 6. ADMINISTRATIVE AND JUDICIAL REVIEW. 

2 (a) ADMINISTRATIVE REVIEW.—The special adminis3 trative review process established under section 105 of the 

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

5 6515) shall apply to any administrative review of an au6 thorized wildfire prevention project. 

7 (b) JUDICIAL REVIEW.—Any judicial proceeding re8 lating to an authorized wildfire prevention project shall be 

9 conducted in accordance with section 106 of the Healthy 

10 Forests Restoration Act of 2003 (16 U.S.C. 6516). 

11 SEC. 7. THREATENED AND ENDANGERED SPECIES DES12 IGNATIONS. 

13 (a) IN GENERAL.—Before a species may be listed as 

14 an endangered species or a threatened species under sec15 tion 4(c) of the Endangered Species Act of 1973 (16 

16 U.S.C. 1533(c)), the Secretary concerned shall conduct re17 search to determine the impact that the listing would have 

18 on forest fuel loads, including forage and timber. 

19 (b) WILDFIRE RISK ASSESSMENT ANALYSIS.—Re20 covery plans for threatened species and endangered spe21 cies under section 4(f) of the Endangered Species Act of 

22 1973 (16 U.S.C. 1533(f)) and critical habitat determina23 tions under the Endangered Species Act of 1973 (16 

24 U.S.C. 1531 et seq.) shall include wildfire risk assessment 

25 analysis. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS