I 

108TH CONGRESS 

1ST SESSION H. R. 460

To establish Institutes to conduct research on the prevention of, and restoration from, wildfires in forest and woodland ecosystems of the interior 

West. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 29, 2003

Mr. HAYWORTH (for himself, Mr. UDALL of Colorado, Mr. MCINNIS, Mr. 

RENZI, Mr. UDALL of New Mexico, Mrs. WILSON of New Mexico, Mr. 

KOLBE, and Mr. TANCREDO) introduced the following bill; which was referred to the Committee on 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 establish Institutes to conduct research on the prevention 

of, and restoration from, wildfires in forest and woodland 

ecosystems of the interior West.

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. 

4 This Act may be cited as the ‘‘Wildfire Prevention 

5 Act of 2003’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that—
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1 (1) there is an increasing threat of wildfire to 

2 millions of acres of forest land and rangeland 

3 throughout the United States; 

4 (2) forest land and rangeland are degraded as 

5 a direct consequence of land management practices 

6 (including practices to control and prevent wildfires 

7 and the failure to harvest subdominant trees from 

8 overstocked stands) that disrupt the occurrence of 

9 frequent low-intensity fires that have periodically re10 moved flammable undergrowth; 

11 (3) at least 39,000,000 acres of land of the Na12 tional Forest System in the interior West are at 

13 high risk of wildfire; 

14 (4) an average of 95 percent of the expendi15 tures by the Forest Service for wildfire suppression 

16 during fiscal years 1990 through 1994 were made to 

17 suppress wildfires in the interior West; 

18 (5) the number, size, and severity of wildfires in 

19 the interior West are increasing; 

20 (6) of the timberland in National Forests in the 

21 States of Arizona and New Mexico, 59 percent of 

22 such land in Arizona, and 56 percent of such land 

23 in New Mexico, has an average diameter of 9 to 12 

24 inches diameter at breast height; 
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1 (7) the population of the interior West grew 

2 twice as fast as the national average during the 

3 1990s; 

4 (8) efforts to prioritize forests and communities 

5 for wildfire risk reduction have been inconsistent 

6 and insufficient and have resulted in funding to 

7 areas that are not prone to severe wildfires; 

8 (9) catastrophic wildfires—

9 (A) endanger homes and communities; 

10 (B) damage and destroy watersheds and 

11 soils; and 

12 (C) pose a serious threat to the habitat of 

13 threatened and endangered species; 

14 (10) a 1994 assessment of forest health in the 

15 interior West estimated that only a 15- to 30-year 

16 window of opportunity exists for effective manage17 ment intervention before damage from uncontrollable 

18 wildfire becomes widespread, with 8 years having al19 ready elapsed since the assessment; 

20 (11) following a catastrophic wildfire, certain 

21 forests in the interior West do not return to their 

22 former grandeur; 

23 (12) healthy forest and woodland ecosystems—

24 (A) reduce the risk of wildfire to forests 

25 and communities; 
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1 (B) improve wildlife habitat and biodiver2 sity; 

3 (C) increase tree, grass, forb, and shrub 

4 productivity; 

5 (D) enhance watershed values; 

6 (E) improve the environment; and 

7 (F) provide a basis in some areas for eco8 nomically and environmentally sustainable uses; 

9 (13) sustaining the long-term ecological and 

10 economic health of interior West forests and wood11 land, and their dependent human communities, re12 quires preventing severe wildfires before the wildfires 

13 occur and permitting natural, low-intensity ground 

14 fires; 

15 (14) more natural fire regimes cannot be ac16 complished without the reduction of excess fuels and 

17 thinning of subdorminant trees (which fuels and 

18 trees may be of commercial value); 

19 (15) ecologically-based forest and woodland eco20 system restoration on a landscape scale will—

21 (A) improve long-term community protec22 tion; 

23 (B) minimize the need for wildfire suppres24 sion; 

25 (C) improve resource values; 
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1 (D) reduce rehabilitation costs; 

2 (E) reduce loss of critical habitat; and 

3 (F) protect forests for future generations; 

4 (16) although the National Fire Plan, and the 

5 report entitled ‘‘Protecting People and Sustaining 

6 Resources in Fire-Adapted Ecosystems—A Cohesive 

7 Strategy’’ (65 Fed. Reg. 67480), advocate a shift in 

8 wildfire policy from suppression to prevention (in9 cluding restoration and hazardous fuels reduction), 

10 Federal land managers are not dedicating sufficient 

11 attention and financial resources to restoration ac12 tivities that simultaneously restore forest health and 

13 reduce the risk of severe wildfire; 

14 (17) although landscape scale restoration is 

15 needed to effectively reverse degradation, scientific 

16 understanding of landscape scale treatments is lim17 ited; 

18 (18) the Federal wildfire research program is 

19 funded at approximately 1/3 of the amount that is 

20 required to address emerging wildfire problems, re21 sulting in the lack of a cohesive strategy to address 

22 the threat of catastrophic wildfires; and 

23 (19) rigorous, understandable, and applied sci24 entific information is needed for—
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1 (A) the design, implementation, and adap2 tation of landscape scale restoration treatments 

3 and improvement of wildfire management tech4 nology; 

5 (B) the environmental review process; and 

6 (C) affected entities that collaborate in the 

7 development and implementation of wildfire 

8 treatment. 

9 SEC. 3. PURPOSES. 

10 The purposes of this Act are—

11 (1) to enhance the capacity to develop, transfer, 

12 apply, and monitor practical science-based forest res13 toration treatments that will reduce the risk of se14 vere wildfires, and improve forest and woodland 

15 health, in the interior West; 

16 (2) to develop the practical scientific knowledge 

17 required to implement forest and woodland restora18 tion on a landscape scale; 

19 (3) to develop the interdisciplinary knowledge 

20 required to understand the socioeconomic and envi21 ronmental impacts of wildfire control on ecosystems 

22 and landscapes; 

23 (4) to require Federal agencies—

24 (A) to use ecological restoration treatments 

25 to reverse declining forest health and reduce the 
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1 risk of severe wildfires across the forest land2 scape; 

3 (B) to ensure that sufficient funds are 

4 dedicated to wildlife prevention activities, in5 cluding restoration treatments; and 

6 (C) to monitor and use wildfire treatments 

7 based on the use of adaptive ecosystem manage8 ment; 

9 (5) to develop, transfer, and assist land man10 agers in treating acres with restoration-based treat11 ments and use new management technologies (in12 cluding the transfer of understandable information, 

13 assistance with environmental review, and field and 

14 classroom training and collaboration) to accomplish 

15 the goals identified in—

16 (A) the National Fire Plan; 

17 (B) the report entitled ‘‘Protecting People 

18 and Sustaining Resources in Fire-Adapted Eco19 systems—A Cohesive Strategy’’ (65 Fed. Reg. 

20 67480); and 

21 (C) the report entitled ‘‘10-Year Com22 prehensive Strategy: A Collaborative Approach 

23 for Reducing Wildland Fire Risks to Commu24 nities and the Environment’’ of the Western 

25 Governors’ Association; and 
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1 (6) to provide technical assistance to collabo2 rative efforts by affected entities to develop, imple3 ment, and monitor adaptive ecosystem management 

4 restoration treatments that are ecologically sound, 

5 economically viable, and socially responsible. 

6 SEC. 4. DEFINITIONS. 

7 In this Act: 

8 (1) ADAPTIVE ECOSYSTEM MANAGEMENT.—The 

9 term ‘‘adaptive ecosystem management’’ means a 

10 natural resource management process under which 

11 planning, implementation, monitoring, research, 

12 evaluation, and incorporation of new knowledge are 

13 combined into a management approach that is—

14 (A) based on scientific findings and the 

15 needs of society; and 

16 (B) used to modify future management 

17 methods and policy. 

18 (2) AFFECTED ENTITIES.—The term ‘‘affected 

19 entities’’ includes—

20 (A) land managers; 

21 (B) stakeholders; and 

22 (C) concerned citizens. 

23 (3) INSTITUTE.—The term ‘‘Institute’’ means 

24 an Institute established under section 5(a). 
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1 (4) INTERIOR WEST.—The term ‘‘interior 

2 West’’ means the States of Arizona, Colorado, 

3 Idaho, Nevada, New Mexico, and Utah. 

4 (5) LAND MANAGER.—

5 (A) IN GENERAL.—The term ‘‘land man6 ager’’ means a person or entity that practices 

7 or guides natural resource management. 

8 (B) INCLUSIONS.—The term ‘‘land man9 ager’’ includes a Federal, State, local, or tribal 

10 land management agency. 

11 (6) RESTORATION.—The term ‘‘restoration’’ 

12 means a process undertaken to return an ecosystem 

13 or habitat toward—

14 (A) the original condition of the ecosystem 

15 or habitat; or 

16 (B) a condition that supports a related 

17 species, natural function, or ecological process 

18 (including a low intensity fire). 

19 (7) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Agriculture, acting through the 

21 Chief of the Forest Service. 

22 (8) SECRETARIES.—The term ‘‘Secretaries’’ 

23 means—

24 (A) the Secretary of Agriculture, acting 

25 through the Chief of the Forest Service; and 
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1 (B) the Secretary of the Interior. 

2 (9) STAKEHOLDER.—The term ‘‘stakeholder’’ 

3 means any person interested in or affected by man4 agement of forest or woodland ecosystems. 

5 SEC. 5. ESTABLISHMENT OF INSTITUTES. 

6 (a) IN GENERAL.—The Secretary, in consultation 

7 with the Secretary of the Interior, shall—

8 (1) not later than 180 days after the date of 

9 enactment of this Act, establish 3 Institutes to pro10 mote the use of adaptive ecosystem management to 

11 reduce the risk of wildfires, and improve the health 

12 of forest and woodland ecosystems, in the interior 

13 West; and 

14 (2) provide assistance to the Institutes to pro15 mote the use of adaptive ecosystem management in 

16 accordance with paragraph (1). 

17 (b) LOCATION.—

18 (1) EXISTING INSTITUTES.—The Secretary may 

19 designate an institute in existence on the date of en20 actment of this Act to serve as an Institute estab21 lished under this Act. 

22 (2) STATES.—Of the Institutes established 

23 under this Act, the Secretary shall establish 1 Insti24 tute in each of—
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1 (A) the State of Arizona, to be located at 

2 Northern Arizona University; 

3 (B) the State of New Mexico; and 

4 (C) the State of Colorado. 

5 (c) DUTIES.—Each Institute shall—

6 (1) plan, conduct, or promote research on the 

7 use of adaptive ecosystem management to reduce the 

8 risk of wildfires, and improve the health of forest 

9 and woodland ecosystems, in the interior West, in10 cluding—

11 (A) research that assists in providing in12 formation on the use of adaptive ecosystem 

13 management practices to affected entities; and 

14 (B) research that will be useful in the de15 velopment and implementation of practical, 

16 science-based, ecological restoration treatments 

17 for forest and woodland ecosystems affected by 

18 wildfires; and 

19 (2) provide the results of research described in 

20 paragraph (1) to affected entities. 

21 (d) COOPERATION.—To increase and accelerate ef22 forts to restore forest ecosystem health and abate unnatu23 ral and unwanted wildfires in the interior West, each In24 stitute shall cooperate with—
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1 (1) researchers at colleges and universities in 

2 the States of Arizona, New Mexico, and Colorado 

3 that have a demonstrated capability to conduct re4 search described in subsection (c); and 

5 (2) other organizations and entities in the inte6 rior West (such as the Western Governors’ Associa7 tion). 

8 (e) ANNUAL WORK PLANS.—As a condition of the 

9 receipt of funds made available under this Act, for each 

10 fiscal year, each Institute shall submit to the Secretary, 

11 for review by the Secretary, in consultation with the Sec12 retary of the Interior, an annual work plan that includes 

13 assurances, satisfactory to the Secretaries, that the pro14 posed work of the Institute will serve the informational 

15 needs of affected entities. 

16 SEC. 6. COOPERATION BETWEEN INSTITUTES AND FED17 ERAL AGENCIES. 

18 In carrying out this Act, the Secretary, in consulta19 tion with the Secretary of the Interior—

20 (1) shall ensure that adequate financial and 

21 technical assistance is provided to the Institutes to 

22 enable the Institutes to carry out the purposes of the 

23 Institutes under section 5, including prevention ac24 tivities and ecological restoration for wildfires and 

25 affected ecosystems; 
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1 (2) shall use information and expertise provided 

2 by the Institutes; 

3 (3) shall encourage Federal agencies to use, on 

4 a cooperative basis, information and expertise pro5 vided by the Institutes; 

6 (4) shall encourage cooperation and coordina7 tion between Federal programs relating to—

8 (A) ecological restoration; 

9 (B) wildfire risk reduction; and 

10 (C) wildfire management technologies; 

11 (5) notwithstanding chapter 63 of title 31, 

12 United States Code, may—

13 (A) enter into contracts, cooperative agree14 ments, interagency personal agreements to 

15 carry out this Act; and 

16 (B) carry out other transactions under this 

17 Act; 

18 (6) may accept funds from other Federal agen19 cies to supplement or fully fund grants made, and 

20 contracts entered into, by the Secretaries; 

21 (7) may support a program of internships for 

22 qualified individuals at the undergraduate and grad23 uate levels to carry out the educational and training 

24 objectives of this Act; 
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1 (8) shall encourage professional education and 

2 public information activities relating to the purposes 

3 of this Act; and 

4 (9) may promulgate such regulations as the 

5 Secretaries determine are necessary to carry out this 

6 Act. 

7 SEC. 7. MONITORING AND EVALUATION. 

8 (a) IN GENERAL.—Not later than 5 years after the 

9 date of enactment of this Act, and every 5 years there10 after, the Secretary, in consultation with the Secretary of 

11 Interior, shall complete and submit to the appropriate 

12 committees of Congress a detailed evaluation of the pro13 grams and activities of each Institute—

14 (1) to ensure, to the maximum extent prac15 ticable, that the research, communication tools, and 

16 information transfer activities of each Institutes 

17 meet the needs of affected entities; and 

18 (2) to determine whether continued provision of 

19 Federal assistance to each Institute is warranted. 

20 (b) TERMINATION OF ASSISTANCE.—If, as a result 

21 of an evaluation under subsection (a), the Secretary, in 

22 consultation with the Secretary of the Interior, determines 

23 that an Institute does not qualify for further Federal as24 sistance under this Act, the Institute shall receive no fur25 ther Federal assistance under this Act until such time as 
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1 the qualifications of the Institute are reestablished to the 

2 satisfaction of the Secretaries. 

3 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

4 There is authorized to be appropriated to carry out 

5 this Act $15,000,000 for each fiscal year.

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