I 

118TH CONGRESS 

1ST SESSION H. R. 189 

To require that only two alternatives be considered with respect to certain 

proposed collaborative forest management activities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. MCCLINTOCK (for himself, Mr. LAMALFA, Mr. MOYLAN, Mr. STAUBER, 

Mr. BENTZ, and Mr. VALADAO) 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 require that only two alternatives be considered with 

respect to certain proposed collaborative forest management activities, 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. 

4 This Act may be cited as the ‘‘Action Versus No Ac5 tion Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 189 IH

1 SEC. 2. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION 

2 VERSUS NO ACTION) IN PROPOSED COLLABO3 RATIVE FOREST MANAGEMENT ACTIVITIES. 

4 (a) APPLICATION TO CERTAIN ENVIRONMENTAL AS5 SESSMENTS AND ENVIRONMENTAL IMPACT STATE6 MENTS.—This section shall apply whenever the Secretary 

7 concerned prepares an environmental assessment or an en8 vironmental impact statement pursuant to section 102 of 

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

10 4332) for a forest management activity that— 

11 (1) will occur on lands identified as the Sec12 retary concerned as suitable for timber production; 

13 and 

14 (2) meets at least one of the following condi15 tions: 

16 (A) The forest management activity will 

17 occur on lands designated by the Secretary (or 

18 designee thereof) pursuant to section 602(b) of 

19 the Healthy Forests Restoration Act of 2003 

20 (16 U.S.C. 6591a(b)), notwithstanding whether 

21 such forest management activity is initiated 

22 prior to the date of enactment of this Act. 

23 (B) The forest management activity is de24 veloped through a collaborative process. 

25 (C) The forest management activity is pro26 posed by a resource advisory committee. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 189 IH

1 (D) The forest management activity is cov2 ered by a community wildfire protection plan. 

3 (b) CONSIDERATION OF ALTERNATIVES.—In the case 

4 of an environmental assessment or environmental impact 

5 statement described in subsection (a), the Secretary con6 cerned shall study, develop, and describe only the following 

7 two alternatives: 

8 (1) The forest management activity. 

9 (2) The alternative of no action. 

10 (c) ELEMENTS OF NO ACTION ALTERNATIVE.—In 

11 the case of the alternative of no action described in sub12 section (b)(2), the Secretary concerned shall consider 

13 whether to evaluate— 

14 (1) the effect of no action on— 

15 (A) forest health; 

16 (B) potential losses of life and property; 

17 (C) habitat diversity; 

18 (D) wildfire potential; 

19 (E) insect and disease potential; and 

20 (F) timber production; and 

21 (2) the implications of a resulting decline in 

22 forest health, loss of habitat diversity, wildfire, or in23 sect or disease infestation (given fire and insect and 

24 disease historic cycles) on— 

25 (A) potential losses of life and property; 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 189 IH

1 (B) domestic water supply in the project 

2 area; 

3 (C) wildlife habitat loss; and 

4 (D) other economic and social factors. 

5 (d) DEFINITIONS.—In this section: 

6 (1) COLLABORATIVE PROCESS.—The term ‘‘col7 laborative process’’ means a process relating to the 

8 management of National Forest System lands or 

9 public lands by which a project or forest manage10 ment activity is developed and implemented by the 

11 Secretary concerned through collaboration with in12 terested persons, as described in section 

13 603(b)(1)(C) of the Healthy Forests Restoration Act 

14 of 2003 (16 U.S.C. 6591b(b)(1)(C)). 

15 (2) COMMUNITY WILDFIRE PROTECTION

16 PLAN.—The term ‘‘community wildfire protection 

17 plan’’ has the meaning given the term in section 101 

18 of the Healthy Forests Restoration Act of 2003 (16 

19 U.S.C. 6511). 

20 (3) RESOURCE ADVISORY COMMITTEE.—The 

21 term ‘‘resource advisory committee’’ has the mean22 ing given the term in section 201 of the Secure 

23 Rural Schools and Community Self-Determination 

24 Act of 2000 (16 U.S.C. 7121). 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 189 IH

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

3 (A) the Secretary of Agriculture, with re4 spect to National Forest System lands; and 

5 (B) the Secretary of the Interior, with re6 spect to public lands. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS