I 

108TH CONGRESS 

1ST SESSION H. R. 849

To authorize the Regional Foresters to exempt tree-thinning projects, which 

are necessary to prevent the occurrence of wildfire likely to cause extreme 

harm to the forest ecosystem, from laws that give rise to legal causes 

of action that delay or prevent such projects. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2003

Mr. SHADEGG introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on 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 authorize the Regional Foresters to exempt tree-thinning 

projects, which are necessary to prevent the occurrence 

of wildfire likely to cause extreme harm to the forest 

ecosystem, from laws that give rise to legal causes of 

action that delay or prevent such projects.

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 ‘‘Rodeo-Chediski Eco5 nomic and Forest Health Recovery Act’’. 
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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) National Forest System lands in the United 

4 States are in poor ecological health because of the 

5 present of fire damaged trees. 

6 (2) During 2002, wildfires, devastated 650,000 

7 acres in Arizona. 

8 (3) It has been scientifically established that 

9 trees damaged by fire are more susceptible to insect 

10 infestation than healthy, undamaged trees, and ex11 perts agree that fire damaged trees must be removed 

12 to improve forest health and that such removal must 

13 occur within six to twelve months if the fire dam14 aged trees are to have any commercial value. 

15 (4) Under current Federal law, forest manage16 ment projects designed to remove fire damaged trees 

17 are subject to challenge and appeal by groups and 

18 individuals. 

19 (5) Use of existing administrative and legal 

20 processes will not enable the Forest Service to take 

21 the immediate action necessary to remove fire dam22 aged trees. 
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1 SEC. 3. REGIONAL FORESTER AUTHORITY TO EXEMPT 

2 WILDFIRE PREVENTION TREE-THINNING 

3 PROJECTS FROM CERTAIN LAWS. 

4 (a) EXEMPTION AUTHORITY.—The Regional For5 ester for Region 3 may exempt a Forest Service project 

6 described in subsection (b) from any provision of law in7 cluding, but not limited to, the National Environmental 

8 Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Na9 tional Forest Management Act (16 U.S.C. 1601 et seq.), 

10 and the project shall proceed immediately and to comple11 tion. In addition, the project shall not be subject to the 

12 notice, comment, and appeal requirements of section 322 

13 of Public Law 102–381 (commonly known as the Appeals 

14 Reform Act; 16 U.S.C. 1612 note) or to judicial review 

15 by any court of the United States. Such exemption shall 

16 supersede all legal actions affecting a project described in 

17 subsection (b). 

18 (b) COVERED PROJECT.—A Forest Service project 

19 referred to in subsection (a) is a project located in the 

20 area of the Rodeo-Chediski Fire on the Apache-Stigreaves 

21 or Tonto National Forests that involves the removal of 

22 trees that the Regional Forester determines are dead or 

23 severely damaged from fire as part of a salvage timber 

24 effort. 

25 (c) AUTHORITY OF THE REGIONAL FORESTER.—The 

26 Regional Forester shall have the discretionary authority 
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1 to make all determinations specified in this section regard2 ing covered projects. 

3 SEC. 4. CONTRACTING AUTHORITY OF THE REGIONAL FOR4 ESTER. 

5 The Regional Forester may enter into contracts for 

6 the purpose of conducting covered projects. Payments 

7 under such contracts may be on a fee for service basis. 

8 SEC. 5. CONSTITUTIONAL AUTHORITY. 

9 The constitutional authority on which this Act rests 

10 is the authority of Congress to make all laws which shall 

11 be necessary and proper, as enumerated in article I, sec12 tion 8, of the United States Constitution, as well as the 

13 authority of Congress to make all needful rules and regu14 lations respecting the territory or other property belonging 

15 to the United States, as enumerated in article IV, section 

16 3 of the United States Constitution.

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