I 

113TH CONGRESS 

1ST SESSION H. R. 818 

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 

in the United States by expanding authorities established in the Healthy 

Forest Restoration Act of 2003 to provide emergency measures for highrisk areas identified by such States, to make permanent Forest Service 

and Bureau of Land Management authority to conduct good-neighbor 

cooperation with States to reduce wildfire risks, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2013 

Mr. TIPTON (for himself, Mr. BISHOP of Utah, Mr. GARDNER, Mr. LAMBORN, 

Mr. COFFMAN, Mr. MCCLINTOCK, Mr. GOSAR, Mr. AMODEI, Mr. YOUNG

of Alaska, Mr. LABRADOR, Mrs. LUMMIS, Mr. PEARCE, and Mr. DAINES) 

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 in the United 

States by expanding authorities established in the 

Healthy Forest Restoration Act of 2003 to provide emergency measures for high-risk areas identified by such 

States, to make permanent Forest Service and Bureau 


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of Land Management authority to conduct good-neighbor 

cooperation with States to reduce wildfire risks, 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; 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. Forest Service and Bureau of Land Management good-neighbor cooperation with States to reduce wildfire risks. 

Sec. 9. Stewardship end result contracting project authority. 

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 


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1 health conditions and the resulting imminent risk of 

2 devastating wildfires. 

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

4 area’’ means an area of National Forest System 

5 land or public lands identified under section 4 as an 

6 area suffering from the bark beetle epidemic, 

7 drought, or deteriorating forest health conditions, 

8 with the resulting imminent risk of devastating 

9 wildfires, or otherwise at high risk for bark beetle 

10 infestation, drought, or wildfire. 

11 (3) NATIONAL FOREST SYSTEM.—The term 

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

13 that term in section 11(a) of the Forest and Range14 land Renewable Resources Planning Act of 1974 (16 

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

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

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

18 of the Federal Land Policy and Management Act of 

19 1976 (43 U.S.C. 1702(e)). 

20 (5) SECRETARY CONCERNED.—The term ‘‘Sec21 retary concerned’’ means— 

22 (A) the Secretary of Agriculture, with re23 spect to the National Forest System; and 

24 (B) the Secretary of the Interior, with re25 spect to public lands. 


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

2 States containing National Forest System land or 

3 public lands. The term includes the Commonwealth 

4 of Puerto Rico. 

5 SEC. 3. CONGRESSIONAL DECLARATION OF BARK BEETLE 

6 EPIDEMIC, DROUGHT, DETERIORATING FOR7 EST HEALTH CONDITIONS, AND HIGH RISK 

8 OF WILDFIRES IN STATES AS IMMINENT 

9 THREAT. 

10 Congress hereby declares that the bark beetle epi11 demic, drought, and deteriorating forest health conditions 

12 on National Forest System land and public lands in the 

13 States, with the resulting imminent risk of devastating 

14 wildfires that pose a significant threat to the economic sta15 bility of communities in the affected areas and the health, 

16 safety, and well-being of residents, firefighters, and visi17 tors to the areas, is an ‘‘imminent threat’’ within the 

18 meaning of section 294.12(b)(1) of title 36, Code of Fed19 eral Regulations (2002 Edition) and any existing or pend20 ing roadless area management rule applicable to a State. 

21 SEC. 4. STATE DESIGNATION OF HIGH-RISK AREAS OF NA22 TIONAL FOREST SYSTEM AND PUBLIC LANDS. 

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

24 State may designate high-risk areas of the National ForVerDate Mar 15 2010 01:51 Mar 01, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H818.IH H818

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1 est System and public lands in the State for the purposes 

2 of addressing— 

3 (1) deteriorating forest health conditions in ex4 istence as of the date of the enactment of this Act 

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

6 resulting imminent risk of devastating wildfires; and 

7 (2) the future risk of insect infestations or dis8 ease outbreaks through preventative treatments to 

9 improve forest health conditions. 

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

11 the Governor of a State shall consult with county govern12 ment from affected counties and with affected Indian 

13 tribes. 

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

15 National Forest System land or public lands may not be 

16 designated as a high-risk area: 

17 (1) A component of the National Wilderness 

18 Preservation System. 

19 (2) A National Monument. 

20 (d) STANDARDS FOR DESIGNATION.—Designation of 

21 high-risk areas shall be consistent with standards and 

22 guidelines contained in the land and resource management 

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

24 System or public lands for which the designation is being 

25 made, except that the Secretary concerned may modify 


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1 such standards and guidelines to correspond with a spe2 cific high-risk area designation. 

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

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

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

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

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

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

9 date of the designation, unless earlier terminated by the 

10 Governor of the State. 

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

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

13 Governor from redesignating an area of the National For14 est System land or public lands as a high-risk area under 

15 this section if the Governor determines that the area of 

16 National Forest System land or public lands continues to 

17 be subject to the terms of this section. 

18 (h) RECOGNITION OF VALID AND EXISTING

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

20 be construed to limit or restrict— 

21 (1) access to National Forest System land or 

22 public lands included in the area for hunting, fish23 ing, and other related purposes; or 

24 (2) valid and existing rights regarding the Na25 tional Forest System land or public lands. 


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1 SEC. 5. DESIGNATION OF HIGH-RISK AREAS BY THE SEC2 RETARY CONCERNED. 

3 (a) DESIGNATION AUTHORITY.—The Secretary con4 cerned may designate high-risk areas of the National For5 est System and the public lands for the purposes of ad6 dressing— 

7 (1) deteriorating forest health conditions in ex8 istence as of the date of the enactment of this Act 

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

10 resulting imminent risk of devastating wildfires; and 

11 (2) the future risk of insect infestations or dis12 ease outbreaks through preventative treatments to 

13 improve forest health conditions. 

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

15 the Secretary concerned shall consult with Governors of 

16 affected States, county government from affected counties, 

17 and with affected Indian tribes. 

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

19 National Forest System land or public lands may not be 

20 designated as a high-risk area: 

21 (1) A component of the National Wilderness 

22 Preservation System. 

23 (2) A National Monument. 

24 (d) STANDARDS FOR DESIGNATION.—Designation of 

25 high risk areas shall be consistent with standards and 

26 guidelines contained in the land and resource management 


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

2 System or public lands for which the designation is being 

3 made, except that the Secretary concerned may modify 

4 such standards and guidelines to correspond with a spe5 cific high-risk area designation. 

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

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

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

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

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

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

12 date of the designation, unless earlier terminated by the 

13 Secretary concerned. 

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

15 period specified in subsection (f) does not prohibit the Sec16 retary concerned from redesignating an area of the Na17 tional Forest System or public lands as a high-risk area 

18 if the Secretary determines that the National Forest Sys19 tem land or public lands continues to be subject to the 

20 terms of this section, except that such redesignation is 

21 subject to consultation with Governors from affected 

22 States, county government from affected counties, and af23 fected Indian tribes. 


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1 (h) RECOGNITION OF VALID AND EXISTING

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

3 be construed to limit or restrict— 

4 (1) access to National Forest System land or 

5 public lands included in the area for hunting, fish6 ing, and other related purposes; or 

7 (2) valid and existing rights regarding the Na8 tional Forest System land or public lands. 

9 SEC. 6. USE OF EMERGENCY HAZARDOUS FUELS REDUC10 TION PROJECTS FOR HIGH-RISK AREAS. 

11 (a) PROJECT PROPOSALS.— 

12 (1) PROPOSALS AUTHORIZED.—Upon designa13 tion of a high-risk area in a State, the Governor of 

14 the State may provide for the development of pro15 posed emergency hazardous fuels reduction projects 

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

17 may develop emergency hazardous fuels reduction 

18 projects. 

19 (2) PROJECT CRITERIA.—In preparing proposed 

20 emergency hazardous fuels reduction projects, the 

21 Governor of a State and the Secretary concerned 

22 shall— 

23 (A) take into account managing for rights 

24 of way, protection of watersheds, protection of 

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1 guarding water resources, and protecting local 

2 communities from wildfires; and 

3 (B) emphasize activities that thin the for4 est to provide the greatest health and longevity 

5 of the forest. 

6 (b) CONSULTATION.—In preparing proposed emer7 gency hazardous fuels reduction projects, the Governor of 

8 a State shall consult with county government from af9 fected counties, and with affected Indian tribes. If the Sec10 retary concerned develops a proposal, the Secretary con11 cerned shall consult with the Governor of the affected 

12 State, county government from affected counties, and af13 fected Indian tribes. 

14 (c) SUBMISSION AND IMPLEMENTATION.—The Gov15 ernor of a State shall submit proposed emergency haz16 ardous fuels reduction projects to the Secretary concerned 

17 for implementation. 

18 (d) IMPLEMENTATION OF PROJECTS.— 

19 (1) STATE PROPOSED PROJECTS.—The Sec20 retary concerned shall implement hazardous fuels re21 duction projects proposed by Governors within 60 

22 days of the date on which the Secretary receives the 

23 proposal. 

24 (2) SECRETARY PROPOSED PROJECTS.—The 

25 Secretary concerned shall implement hazardous fuels 


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1 reduction projects proposed by the Secretary con2 cerned within 60 days of the date on which the pro3 posal is finalized. 

4 SEC. 7. APPLICABILITY OF EXPEDITED PROCEDURES AND 

5 AUTHORITIES OF HEALTHY FORESTS RES6 TORATION ACT OF 2003 TO EMERGENCY HAZ7 ARDOUS FUELS REDUCTION PROJECTS. 

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

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

10 of 2003 (16 U.S.C. 6511 et seq.) (including the environ11 mental analysis requirements of section 104 of that Act 

12 (16 U.S.C. 6514), the special administrative review proc13 ess under section 105 of that Act (16 U.S.C. 6515), and 

14 the judicial review process under section 106 of that Act 

15 (16 U.S.C. 6516)), shall apply to all emergency hazardous 

16 fuels reduction projects developed under section 6. 

17 (b) APPLICATION OF OTHER LAW.—Section 322 of 

18 Public Law 102–381 (16 U.S.C. 1612 note; 106 Stat. 

19 1419) shall not apply to Forest Service emergency haz20 ardous fuels reduction projects. 

21 (c) REQUIRED MODIFICATIONS.—In applying title I 

22 of the Healthy Forests Restoration Act of 2003 (16 

23 U.S.C. 6511 et seq.) to emergency hazardous fuels reduc24 tion projects, the Secretary concerned shall make the fol25 lowing modifications: 


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1 (1) The authority shall apply to the entire high2 risk area, including land that is outside of a 

3 wildland-urban interface area or that does not sat4 isfy any of the other eligibility criteria specified in 

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

6 (2) All projects and activities of the Secretary 

7 concerned, including necessary connected actions (as 

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

9 of Federal Regulations), of the emergency hazardous 

10 fuels reduction project shall be deemed to be an au11 thorized hazardous fuel reduction project for pur12 poses of applying the title. 

13 (3) The Secretary is not required to study, de14 velop, or describe more than the proposed agency ac15 tion and a no-action alternative in the environmental 

16 assessment or environmental impact statement pre17 pared pursuant to section 102(2) of the National 

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

19 4332(2)) for an emergency hazardous fuels reduc20 tion project, except that, if an at-risk community 

21 has adopted a community wildfire protection plan 

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

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

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1 ment the recommendations in the plan regarding the 

2 general location and basic method of treatments, the 

3 Secretary shall evaluate the recommendations in the 

4 plan as an additional alternative to the proposed 

5 agency action. 

6 (d) FOREST MANAGEMENT PLANS.—All projects and 

7 activities carried out as part of an emergency hazardous 

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

9 be consistent with standards and guidelines contained in 

10 the land and resource management plan or land use plan 

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

12 for which the designation is made, except that the Sec13 retary concerned may modify such standards and guide14 lines to correspond with a specific high-risk area designa15 tion. 

16 (e) RETENTION OF NEPA RESPONSIBILITIES.—Any 

17 decision required to be made under the National Environ18 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 

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

20 of an emergency hazardous fuels reduction project in a 

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

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

23 emergency hazardous fuels reduction project will be car24 ried out. 


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1 (f) CATEGORICAL EXCLUSION.—If a project or activ2 ity to be carried out as part of an emergency hazardous 

3 fuels reduction project in a high-risk area involves the re4 moval of insect-infected trees or other hazardous fuels 

5 within 500 feet of utility or telephone infrastructure, 

6 campgrounds, roadsides, heritage sites, recreation sites, 

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

8 categorically excluded from the requirement to prepare an 

9 environmental assessment or an environmental impact 

10 statement under the National Environmental Policy Act 

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

12 or activity is otherwise conducted consistently with agency 

13 and departmental procedures and the applicable land and 

14 resource management plan or land use plan. 

15 SEC. 8. FOREST SERVICE AND BUREAU OF LAND MANAGE16 MENT GOOD-NEIGHBOR COOPERATION WITH 

17 STATES TO REDUCE WILDFIRE RISKS. 

18 (a) DEFINITIONS.—In this section: 

19 (1) ELIGIBLE STATE.—The term ‘‘eligible 

20 State’’ means a State that contains National Forest 

21 System land or land under the jurisdiction of the 

22 Bureau of Land Management. 

23 (2) SECRETARY.—The term ‘‘Secretary’’ 

24 means— 


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1 (A) the Secretary of Agriculture, with re2 spect to National Forest System land; or 

3 (B) the Secretary of the Interior, with re4 spect to land under the jurisdiction of the Bu5 reau of Land Management. 

6 (3) STATE FORESTER.—The term ‘‘State for7 ester’’ means the head of a State agency with juris8 diction over State forestry programs in an eligible 

9 State. 

10 (b) IN GENERAL.—The Secretary may enter into a 

11 cooperative agreement or contract (including a sole source 

12 contract) with a State forester to authorize the State for13 ester to provide the forest, rangeland, and watershed res14 toration and protection services described in subsection (c) 

15 on National Forest System land or land under the juris16 diction of the Bureau of Land Management, as applicable, 

17 in the eligible State. 

18 (c) AUTHORIZED SERVICES.—The forest, rangeland, 

19 and watershed restoration and protection services referred 

20 to in subsection (b) include the conduct of— 

21 (1) activities to treat insect infected trees; 

22 (2) activities to reduce hazardous fuels; and 

23 (3) any other activities to restore or improve 

24 forest, rangeland, and watershed health, including 

25 fish and wildlife habitat. 


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1 (d) STATE AS AGENT.—Except as provided in sub2 section (g), a cooperative agreement or contract entered 

3 into under subsection (b) may authorize the State forester 

4 to serve as the agent for the Secretary in providing the 

5 restoration and protection services authorized under sub6 section (b). 

7 (e) SUBCONTRACTS.—In accordance with applicable 

8 contract procedures for the eligible State, a State forester 

9 may enter into subcontracts to provide the restoration and 

10 protection services authorized under a cooperative agree11 ment or contract entered into under subsection (b). 

12 (f) TIMBER SALES.—Subsections (d) and (g) of sec13 tion 14 of the National Forest Management Act of 1976 

14 (16 U.S.C. 472a) shall not apply to services performed 

15 under a cooperative agreement or contract entered into 

16 under subsection (b). 

17 (g) RETENTION OF NEPA RESPONSIBILITIES.—Any 

18 decision required to be made under the National Environ19 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 

20 respect to any restoration and protection services to be 

21 provided under this Act by a State forester on National 

22 Forest System land or Bureau of Land Management land, 

23 as applicable, shall not be delegated to a State forester 

24 or any other officer or employee of the eligible State. 


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1 (h) APPLICABLE LAW.—The restoration and protec2 tion services to be provided under this Act shall be carried 

3 out on a project-to-project basis under existing authorities 

4 of the Forest Service or Bureau of Land Management, 

5 as applicable. 

6 SEC. 9. STEWARDSHIP END RESULT CONTRACTING 

7 PROJECT AUTHORITY. 

8 (a) EXTENSION OF AUTHORITY.—Section 347(a) of 

9 the Department of the Interior and Related Agencies Ap10 propriations Act, 1999 (as contained in section 101(e) of 

11 division A of Public Law 105–277; 16 U.S.C. 2104 note) 

12 is amended by striking ‘‘2013’’ and inserting ‘‘2017’’. 

13 (b) DURATION OF CONTRACTS.—Section 347(c)(2) of 

14 the Department of the Interior and Related Agencies Ap15 propriations Act, 1999 (as contained in section 101(e) of 

16 division A of Public Law 105–277; 16 U.S.C. 2104 note) 

17 is amended by striking ‘‘10 years’’ and inserting ‘‘20 

18 years’’. 

Æ 


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