I 

113TH CONGRESS 

1ST SESSION H. R. 1345 

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

Forest System lands and public lands 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 HOUSE OF REPRESENTATIVES 

MARCH 21, 2013 

Mr. GOSAR (for himself, Mr. MATHESON, Mr. AMODEI, Mrs. LUMMIS, Mr. 

PEARCE, Mr. WALDEN, Mr. SCHWEIKERT, Mr. CRAMER, Mr. FRANKS of 

Arizona, Mrs. KIRKPATRICK, Mr. MCCLINTOCK, Mr. SALMON, Mr. CONAWAY, and Mr. STEWART) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the 

Committee on Agriculture, 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 forest health, public safety, and wildlife habitat threat presented by the risk of wildfire, including 

catastrophic wildfire, on National Forest System lands 

and public lands 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. 


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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 AND TABLE OF CONTENTS. 

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

5 ‘‘Catastrophic Wildfire Prevention Act of 2013’’. 

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

7 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Purposes. 

TITLE I—REAUTHORIZING AND EXPANDING AUTHORITIES USED 

FOR HAZARDOUS FUELS REDUCTION, FOREST HEALTH, FOREST RESTORATION, AND WATERSHED RESTORATION. 

Sec. 101. Stewardship end result contracting authority. 

Sec. 102. Forest Service and Bureau of Land Management good-neighbor cooperation. 

Sec. 103. Clarification of Flame Wildfire Suppression Reserve Fund authority. 

TITLE II—EXPEDITED PROCESS FOR THE IMPLEMENTATION OF 

WILDFIRE PREVENTION PROJECTS NEAR AT-RISK COMMUNITIES. 

Sec. 201. Definitions. 

Sec. 202. Eligible wildfire prevention projects. 

Sec. 203. Environmental analysis. 

Sec. 204. Administrative and judicial review. 

8 SEC. 2. PURPOSES. 

9 The purposes of this Act are as follows: 

10 (1) Provide the Secretary of Agriculture and 

11 the Secretary of the Interior the tools to reduce the 

12 potential for wildfires. 

13 (2) Expedite wildfire prevention projects to re14 duce the chances of wildfire on certain high-risk 

15 Federal lands. 

16 (3) Reduce threats to endangered species from 

17 wildfires. 


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1 TITLE I—REAUTHORIZING AND 

2 EXPANDING AUTHORITIES 

3 USED FOR HAZARDOUS 

4 FUELS REDUCTION, FOREST 

5 HEALTH, FOREST RESTORA6 TION, AND WATERSHED RES7 TORATION. 

8 SEC. 101. STEWARDSHIP END RESULT CONTRACTING AU9 THORITY. 

10 (a) EXTENSION OF AUTHORITY.—Subsection (a) of 

11 section 347 of the Department of the Interior and Related 

12 Agencies Appropriations Act, 1999 (as contained in sec13 tion 101(e) of division A of Public Law 105–277; 16 

14 U.S.C. 2104 note), as most recently amended by section 

15 323 of Public Law 108–7 (117 Stat. 275), is amended 

16 by striking ‘‘Until September 30, 2013’’ and inserting 

17 ‘‘Until September 30, 2023’’. 

18 (b) CONTRACT DURATION.—Subsection (c)(2) of 

19 such section is amended by striking ‘‘10 years’’ and insert20 ing ‘‘20 years’’. 

21 (c) CANCELLATION OR TERMINATION COSTS.—Sub22 section (c) of such section is amended by adding at the 

23 end the following new paragraph: 

24 ‘‘(6) CANCELLATION OR TERMINATION

25 COSTS.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding sec2 tion 3903 of title 41, United States Code, the 

3 Secretary of Agriculture and the Secretary of 

4 the Interior are not required to obligate funds 

5 to cover the cost of cancelling or terminating a 

6 multiyear stewardship contract or agreement 

7 until such contract or agreement is cancelled or 

8 terminated. 

9 ‘‘(B) FUNDING SOURCES.—The costs of 

10 cancelling or terminating of a multiyear stew11 ardship contract or agreement may be paid 

12 from— 

13 ‘‘(i) appropriations originally made 

14 available for the performance of the con15 tract or agreement; 

16 ‘‘(ii) appropriations currently available 

17 for procurement of the type of service con18 cerned, and not otherwise obligated; or 

19 ‘‘(iii) funds appropriated for payments 

20 for that performance or procurement. 

21 ‘‘(C) ANTI-DEFICIENCY ACT VIOLATIONS.— 

22 In a case in which payment or obligation of 

23 funds under this paragraph would constitute a 

24 violation of section 1341 of title 31, United 


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1 States Code (commonly known as the Anti-Defi2 ciency Act), the Secretary may— 

3 ‘‘(i) seek a supplemental appropria4 tion; or 

5 ‘‘(ii) request funds from the perma6 nent judgment appropriation established 

7 pursuant to section 1304 of such title.’’. 

8 (d) PAYMENTS TO COUNTIES.—Subsection (d) of 

9 such section is amended by adding at the end the following 

10 new paragraph: 

11 ‘‘(4) PAYMENTS TO COUNTIES.—25 percent of 

12 timber sale receipts from a contract or agreement 

13 entered into under the authority of this section and 

14 after the date of the enactment of this paragraph 

15 shall be paid to the county within whose boundaries 

16 the receipts are derived. Payments to a county made 

17 under this paragraph shall be in addition to the 

18 amounts received under chapter 69 of title 31, 

19 United States Code (Payment in Lieu of Taxes; 31 

20 U.S.C. 6901 et seq.).’’. 

21 SEC. 102. FOREST SERVICE AND BUREAU OF LAND MAN22 AGEMENT GOOD-NEIGHBOR COOPERATION. 

23 (a) DEFINITIONS.—In this section: 


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

2 State’’ means a State that contains National Forest 

3 System land or Bureau of Land Management land. 

4 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

5 means— 

6 (A) land of the National Forest System (as 

7 defined in section 11(a) of the Forest and 

8 Rangeland Renewable Resources Planning Act 

9 of 1974 (16 U.S.C. 1609(a))); or 

10 (B) public lands (as defined in section 103 

11 of the Federal Land Policy and Management 

12 Act of 1976 (43 U.S.C. 1702)). 

13 (3) SECRETARY CONCERNED.—The term ‘‘Sec14 retary concerned’’ means— 

15 (A) the Secretary of Agriculture, in the 

16 case of National Forest System land; and 

17 (B) the Secretary of the Interior, in the 

18 case of public lands administered by the Sec19 retary of Interior through the Bureau of Land 

20 Management. 

21 (4) STATE FORESTER.—The term ‘‘State For22 ester’’ means the head of a State agency with juris23 diction over State forestry programs in an eligible 

24 State. 

25 (b) COOPERATIVE AGREEMENTS AND CONTRACTS.— 


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1 (1) IN GENERAL.—The Secretary concerned 

2 may enter into a cooperative agreement or contract 

3 (including a sole source contract) with a State For4 ester to authorize the State Forester to provide the 

5 forest, rangeland, and watershed restoration and 

6 protection services described in paragraph (2) on 

7 Federal lands administered by the Secretary con8 cerned, in the eligible State. 

9 (2) AUTHORIZED SERVICES.—The forest, 

10 rangeland, and watershed restoration and protection 

11 services referred to in paragraph (1) include the con12 duct of— 

13 (A) activities to treat insect infected trees; 

14 (B) activities to reduce hazardous fuels; or 

15 (C) any other activities determined by the 

16 Secretary concerned to appropriate to restore or 

17 improve forest, rangeland, and watershed 

18 health, including fish and wildlife habitat. 

19 (3) STATE AS AGENT.—Except as provided in 

20 paragraph (6), a cooperative agreement or contract 

21 entered into under paragraph (1) may authorize the 

22 State Forester to serve as the agent for the Sec23 retary concerned in providing the restoration and 

24 protection services authorized under that paragraph. 


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1 (4) SUBCONTRACTS.—In accordance with appli2 cable contract procedures for the eligible State, a 

3 State Forester may enter into subcontracts to pro4 vide the restoration and protection services author5 ized under a cooperative agreement or contract en6 tered into under paragraph (1). 

7 (5) TIMBER SALES.—Subsections (d) and (g) of 

8 section 14 of the National Forest Management Act 

9 of 1976 (16 U.S.C. 472a) shall not apply to services 

10 performed under a cooperative agreement or con11 tract entered into under paragraph (1). 

12 (6) RETENTION OF NEPA RESPONSIBILITIES.— 

13 Any decision required to be made under the Na14 tional Environmental Policy Act of 1969 (42 U.S.C. 

15 4321 et seq.) with respect to any restoration and 

16 protection services to be provided under this section 

17 by a State Forester on Federal land, shall not be 

18 delegated to a State Forester or any other officer or 

19 employee of the eligible State. 

20 (c) APPLICABLE LAW.—The restoration and protec21 tion services to be provided under this section shall be car22 ried out on a project-to-project basis under existing appli23 cable authorities of the Forest Service and the Bureau of 

24 Land Management. 


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1 (d) TERMINATION OF EFFECTIVENESS.—The au2 thority of the Secretary concerned to enter into coopera3 tive agreements and contracts under this Act terminates 

4 on September 30, 2023. 

5 (e) DURATION OF CONTRACTS.—A cooperative agree6 ment or contract entered into under this Act shall not ex7 tend beyond 20 years. 

8 SEC. 103. CLARIFICATION OF FLAME WILDFIRE SUPPRES9 SION RESERVE FUND AUTHORITY. 

10 (a) CLARIFICATION.—Section 502(c) of the Federal 

11 Land Assistance, Management, and Enhancement Act of 

12 2009 (43 U.S.C. 1748a(c)) is amended by inserting ‘‘and 

13 burn area responses, including flood prevention,’’ after 

14 ‘‘events’’. 

15 TITLE II—EXPEDITED PROCESS 

16 FOR THE IMPLEMENTATION 

17 OF WILDFIRE PREVENTION 

18 PROJECTS NEAR AT-RISK 

19 COMMUNITIES. 

20 SEC. 201. DEFINITIONS. 

21 In this title: 

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

23 community’’ has the meaning given that term in sec24 tion 101 of the Healthy Forests Restoration Act of 

25 2003 (16 U.S.C. 6511). 


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

3 (A) Federal land in condition class II or 

4 III, as those classes were developed by the For5 est Service Rocky Mountain Research Station 

6 in the general technical report titled ‘‘Develop7 ment of Coarse-Scale Spatial Data for Wildland 

8 Fire and Fuel Management’’ (RMRS–87) and 

9 dated April 2000 or any subsequent revision of 

10 the report; or 

11 (B) Federal land where there exists a high 

12 risk of losing an at-risk community, key eco13 system, water supply, wildlife, or wildlife habi14 tat to wildfire, including catastrophic wildfire 

15 and post-fire disturbances, as designated by the 

16 Secretary concerned. 

17 (3) FEDERAL LAND.— 

18 (A) COVERED LAND.—The term ‘‘Federal 

19 land’’ means— 

20 (i) land of the National Forest System 

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

22 and Rangeland Renewable Resources Plan23 ning Act of 1974 (16 U.S.C. 1609(a))); or 


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1 (ii) public lands (as defined in section 

2 103 of the Federal Land Policy and Man3 agement Act of 1976 (43 U.S.C. 1702)). 

4 (B) EXCLUDED LAND.—The term does not 

5 include land in which the removal of vegetation 

6 is specifically prohibited by Federal law unless 

7 the land is in an inventoried roadless area or 

8 Wilderness Study Areas (WSAs). 

9 (4) SECRETARY CONCERNED.—The term ‘‘Sec10 retary concerned’’ means— 

11 (A) the Secretary of Agriculture, in the 

12 case of National Forest System land; and 

13 (B) the Secretary of the Interior, in the 

14 case of public lands administered by the Sec15 retary of Interior through the Bureau of Land 

16 Management. 

17 (5) THREATENED AND ENDANGERED SPECIES

18 HABITAT.—The term threatened and endangered 

19 species habitat means Federal land where natural 

20 fire regimes are identified as being important for, or 

21 unnatural wildfire is identified as a threat to, an en22 dangered species, a threatened species, or habitat of 

23 an endangered species or threatened species. 

24 (6) ELIGIBLE WILDFIRE PREVENTION

25 PROJECT.—The term ‘‘eligible wildfire prevention 


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1 project’’ means the measures and methods developed 

2 for a project to be carried out on Federal land or 

3 on threatened and endangered species habitat by the 

4 Secretary concerned for hazardous fuels reduction, 

5 forest health, forest restoration, watershed restora6 tion, or threatened and endangered species habitat 

7 protection using ecological restoration principles con8 sistent with the forest type where such project will 

9 occur. 

10 SEC. 202. ELIGIBLE WILDFIRE PREVENTION PROJECTS. 

11 (a) IMPLEMENTATION.—As soon as practicable after 

12 the date of the enactment of this Act, the Secretary con13 cerned shall implement eligible wildfire prevention projects 

14 in at-risk forests and on threatened and endangered spe15 cies habitat in a manner that focuses on surface, ladder, 

16 and canopy fuels reduction activities using ecological res17 toration principles consistent with the forest type in the 

18 location where such project will occur. 

19 (b) PROJECT ELEMENTS.— 

20 (1) THREATENED AND ENDANGERED SPECIES

21 HABITAT.—Wildfire prevention projects carried out 

22 on threatened and endangered species habitat shall 

23 be carried out to provide enhanced protection from 

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1 gered species, threatened species, or habitat of the 

2 endangered species or threatened species. 

3 (2) AT-RISK FORESTS.—In the case of an eligi4 ble wildfire prevention project carried out in an at5 risk forest, the project shall be carried out to move 

6 Federal land in condition class II or III toward con7 dition class I, using ecological restoration principles 

8 consistent with the forest type in the location where 

9 such project will occur. 

10 (c) AUTHORIZED PRACTICES.— 

11 (1) IN GENERAL.—An eligible wildfire preven12 tion project may include livestock grazing and tim13 ber harvest projects carried out for the purposes of 

14 hazardous fuels reduction, forest health, forest res15 toration, watershed restoration, or threatened and 

16 endangered species habitat protection or improve17 ment, if the management action is consistent with 

18 achieving long-term ecological restoration of the for19 est type in the location where such project will 

20 occur. 

21 (2) GRAZING.—Domestic livestock grazing may 

22 be used in an eligible wildfire prevention project to 

23 reduce surface fuel loads and to recover burned 

24 areas. Utilization standards shall not apply when doVerDate Mar 15 2010 21:43 Mar 28, 2013 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1345.IH H1345

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1 mestic livestock grazing is used in an eligible wildfire 

2 prevention project. 

3 (3) TIMBER HARVESTING AND THINNING.— 

4 Timber harvesting and thinning, where the ecologi5 cal restoration principles are consistent with the for6 est type in the location where such project will 

7 occur, may be used in an eligible wildfire prevention 

8 project to reduce ladder and canopy fuel loads to 

9 prevent unnatural fire. 

10 (d) RELATION TO LAND AND RESOURCE MANAGE11 MENT PLANS AND LAND USE PLAN.—Nothing in this sec12 tion requires the Secretary concerned, as a condition of 

13 conducting an eligible wildfire prevention project, to revise 

14 or amend the land and resource management plan applica15 ble to the National Forest System lands or the land use 

16 plan applicable to the public lands on which the project 

17 will be conducted. 

18 SEC. 203. ENVIRONMENTAL ANALYSIS. 

19 (a) ANALYSIS OF PROPOSED ACTION AND NO AC20 TION ALTERNATIVE.— 

21 (1) ENVIRONMENTAL ASSESSMENT OR ENVI22 RONMENTAL IMPACT STATEMENT REQUIRED.—For 

23 each proposed eligible wildfire prevention project, the 

24 Secretary concerned shall— 


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1 (A) study, develop, and describe the pro2 posed action and the no action alternative; and 

3 (B) prepare an environmental assessment 

4 or an environmental impact statement pursuant 

5 to section 102(2) of the National Environ6 mental Policy Act of 1969 (42 U.S.C. 4332(2)). 

7 (2) NO REQUIREMENT FOR ALTERNATIVE AC8 TION STUDY.—Except as provided in subsection (b), 

9 the Secretary concerned is not required to study, de10 velop, or describe any alternative actions, other than 

11 the no action alternative, to the proposed agency ac12 tion. 

13 (3) DEADLINES FOR COMPLETION.— 

14 (A) ENVIRONMENTAL ASSESSMENT DEAD15 LINE.—An environmental assessment prepared 

16 for a proposed eligible wildfire prevention 

17 project shall be completed within 60 days of the 

18 commencement of preparation of the assess19 ment. 

20 (B) ENVIRONMENTAL IMPACT STATEMENT

21 DEADLINE.—An environmental impact state22 ment prepared for a proposed eligible wildfire 

23 prevention project shall be completed within 90 

24 days of the commencement of preparation of 

25 the environmental impact statement. 


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1 (C) EFFECT OF FAILURE TO MEET DEAD2 LINE.—The proposed eligible wildfire prevention 

3 project shall be deemed compliant with all re4 quirements of the National Environmental Pol5 icy Act of 1969 if the Secretary concerned fails 

6 to meet the specified deadline. 

7 (4) ENVIRONMENTAL ANALYSIS DURATION.— 

8 The environmental assessment of an authorized 

9 practice utilized in an eligible wildfire prevention 

10 project shall be deemed sufficient for a minimum 

11 of— 

12 (A) 10 years in the case of a livestock 

13 grazing project; or 

14 (B) 20 years in the case of a timber har15 vest project. 

16 (b) CATEGORICAL EXCLUSION.—If an eligible wild17 fire prevention project, located in a at-risk area, involves 

18 the removal of insect-infected trees or other hazardous 

19 fuels within 500 feet of utility or communications infra20 structure, campgrounds, roadsides, heritage sites, recre21 ation sites, schools, or other infrastructure, that project 

22 is categorically excluded from the requirement to prepare 

23 an environmental assessment or an environmental impact 

24 statement under the National Environmental Policy Act 

25 of 1969 (42 U.S.C. 4321 et seq.) if the project will otherVerDate Mar 15 2010 21:43 Mar 28, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1345.IH H1345

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1 wise be conducted consistent with the relevant agency or 

2 department’s procedures and the applicable land and re3 source management plan or land use plan. 

4 (c) ENVIRONMENTAL ANALYSIS GENERALLY.—Ex5 cept as otherwise provided in this Act, the Secretary con6 cerned shall comply with the National Environmental Pol7 icy Act of 1969 (42 U.S.C. 4321 et seq.) and other appli8 cable laws in planning and conducting an eligible wildfire 

9 prevention project. 

10 (d) INTERAGENCY COOPERATION.—The informal 

11 consultation requirements of the Endangered Species Act 

12 of 1973 (16 U.S.C. 1531 et seq.), as codified in section 

13 402.05 of title 50, Code of Federal Regulations shall apply 

14 to an eligible wildfire prevention project. 

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

16 section shall be deemed to satisfy the requirements of the 

17 National Environmental Policy Act of 1969 (42 U.S.C. 

18 4331 et seq.), section 14 of the National Forest Manage19 ment Act of 1976 (16 U.S.C. 472a), the Endangered Spe20 cies Act of 1973 (16 U.S.C. 1531 et seq.), and the Mul21 tiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et 

22 seq.). 

23 (f) EFFECT OF A WILDFIRE EMERGENCY.— 

24 (1) COUNCIL ON ENVIRONMENTAL QUALITY.— 

25 The Secretary concerned, pursuant to section 


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1 1506.11 of title 40, Code of Federal Regulations, 

2 shall request the Council on Environmental Quality 

3 to develop and approve alternative arrangements for 

4 the proposed wildfire prevention project if— 

5 (A) the county in which the proposed eligi6 ble wildfire prevention project is to be carried 

7 out declares a state of emergency because of 

8 wildfire or the threat of wildfire in consultation 

9 with the State Forester or equivalent State offi10 cial of the State containing the county; and 

11 (B) a categorical exclusion is unavailable 

12 for a proposed eligible wildfire prevention 

13 project. 

14 (2) MANDATORY INFORMATION.—When re15 questing alternative arrangements under paragraph 

16 (1), the Secretary concerned shall transmit to the 

17 Council on Environmental Quality the following in18 formation: 

19 (A) A description of the proposed eligible 

20 project. 

21 (B) The condition of forest fuels within or 

22 near the proposed eligible wildfire prevention 

23 project. 

24 (C) The threat to public safety, welfare, in25 frastructure, watersheds, wildlife habitat, or 


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1 other vital assets due to the accumulation of 

2 forest fuels and the associated risk of extreme 

3 fire that the proposed eligible project is to re4 lieve. 

5 (D) The degree to which delaying the im6 plementation of the proposed eligible project 

7 will increase the risk of serious harm to public 

8 safety, welfare, infrastructure, watersheds, wild9 life habitat, or other vital assets due to the ac10 cumulation of forest fuels and the associated 

11 risk of extreme fire. 

12 (E) Any other information the Secretary 

13 concerned determines relevant. 

14 (3) DEADLINE FOR ALTERNATIVE ARRANGE15 MENTS.— 

16 (A) DEADLINE.—Not later than 15 days 

17 after receipt of a request under paragraph (1) 

18 for approval of alternative arrangements for a 

19 proposed eligible wildfire prevention project, the 

20 Council on Environmental Quality shall submit 

21 to the Secretary concerned the alternative ar22 rangements under which the Secretary may 

23 proceed immediately and to completion of the 

24 proposed wildfire prevention project. 


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1 (B) FAILURE TO COMPLY.—If the Council 

2 on Environmental Quality fails to comply with 

3 the deadline in subparagraph (A), the Secretary 

4 concerned shall proceed immediately and to 

5 completion of the proposed eligible wildfire pre6 vention project notwithstanding any other pro7 vision of law, including the National Environ8 mental Policy Act of 1969 (42 U.S.C. 4321 et 

9 seq.) and the National Forest Management Act 

10 (16 U.S.C. 1601 et seq.). 

11 (4) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

12 Actions under this subsection shall not be subject 

13 to— 

14 (A) the notice, comment, and appeal re15 quirements of section 322 of Public Law 102– 

16 381 (the Appeals Reform Act; 16 U.S.C. 1612 

17 note); and 

18 (B) judicial review by any court of the 

19 United States. 

20 SEC. 204. ADMINISTRATIVE AND JUDICIAL REVIEW. 

21 (a) ADMINISTRATIVE REVIEW.—Administrative re22 view of an eligible wildfire prevention project shall occur 

23 in accordance with the special administrative review proc24 ess established under section 105 of the Healthy Forests 

25 Restoration Act of 2003 (16 U.S.C. 6515). 


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1 (b) JUDICIAL REVIEW.—Judicial review of an eligible 

2 wildfire prevention project shall occur in accordance with 

3 section 106 of the Healthy Forests Restoration Act of 

4 2003 (16 U.S.C. 6516). 

Æ 


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