I 

112TH CONGRESS 

1ST SESSION H. R. 2562 

To direct the Secretary of Agriculture to take immediate action to recover 

ecologically and economically from a catastrophic wildfire in the States 

of Arizona and New Mexico, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2011 

Mr. GOSAR (for himself, Mr. FLAKE, and Mr. PEARCE) 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 direct the Secretary of Agriculture to take immediate 

action to recover ecologically and economically from a 

catastrophic wildfire in the States of Arizona and New 

Mexico, 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 ‘‘Wallow Fire Recovery 

5 and Monitoring Act’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to direct the Secretary of 

3 Agriculture to take certain actions— 

4 (1) to rehabilitate and restore the Wallow Fire 

5 Area; 

6 (2) to recover material that is fire-damaged, but 

7 still merchantable, from the Wallow Fire Area before 

8 the material loses economic value; 

9 (3) to create defensible space around commu10 nities to effectively and safely fight future fires in 

11 the vicinity of the Wallow Fire Area; 

12 (4) to monitor the environmental and economic 

13 effects of the removal of fire-damaged trees from the 

14 Wallow Fire Area; and 

15 (5) to provide a mechanism to offset the costs 

16 of forest restoration in the Wallow Fire Area. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

19 (1) BURNED AREA EMERGENCY RESPONSE.— 

20 The term ‘‘burned area emergency response’’ means 

21 the process used by the Secretary to plan and imple22 ment emergency stabilization actions on Federal 

23 land in response to an immediate post-fire condi24 tion— 

25 (A) to minimize threats to life or property; 

26 or 


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1 (B) to stabilize and prevent unacceptable 

2 degradation to natural and cultural resources 

3 resulting from the effects of the catastrophic 

4 event. 

5 (2) COMMUNITY PROTECTION MANAGEMENT

6 AREA.—The term ‘‘Community Protection Manage7 ment Area’’ means— 

8 (A) the wildland-urban interface in a com9 munity wildfire protection plan; 

10 (B) human development areas having spe11 cial significance, including critical communica12 tion sites, high voltage transmission lines, devel13 oped recreation sites, and other structures that, 

14 if destroyed by fire, would result in hardship to 

15 communities; and 

16 (C) the fuels adjacent to areas described in 

17 subparagraph (B). 

18 (3) COMMUNITY WILDFIRE PROTECTION

19 PLAN.—The term ‘‘community wildfire protection 

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

21 of the Healthy Forest Restoration Act of 2003 (16 

22 U.S.C. 6511). 

23 (4) HAZARD TREE AND COMMERCIAL TIMBER

24 EVALUATION.—The term ‘‘hazard tree and commer25 cial timber evaluation’’ means an evaluation of the 


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1 hazard trees and fire-damaged, dead, and dying tim2 ber resources on the National Forest System land in 

3 the Wallow Fire Area conducted in accordance with 

4 section 4. 

5 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

6 has the meaning given the term in section 4 of the 

7 Indian Self-Determination and Education Assistance 

8 Act (25 U.S.C. 450b). 

9 (6) NATIONAL FOREST SYSTEM.—The term 

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

11 the term in section 11(a) of the Forest and Range12 land Renewable Resources Planning Act of 1974 (16 

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

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

15 the Secretary of Agriculture. 

16 (8) TIMBER REMOVAL PROJECT.—The term 

17 ‘‘timber removal project’’ means a timber removal 

18 project for the Wallow Fire Area identified under a 

19 hazard tree and commercial timber evaluation. 

20 (9) WALLOW FIRE.—The term ‘‘Wallow Fire’’ 

21 means the fire that originated in the Bear Wallow 

22 Wilderness on May 29, 2011. 

23 (10) WALLOW FIRE AREA.—The term ‘‘Wallow 

24 Fire Area’’ means the approximately 538,000-acre 

25 fire perimeter in the States of Arizona and New 


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1 Mexico, as depicted on the map entitled ‘‘Wallow 

2 Fire Az-ASF-110152 Progression Map’’ as of June 

3 27, 2011 at 2249 hours. 

4 SEC. 4. HAZARD TREE AND COMMERCIAL TIMBER EVALUA5 TION. 

6 (a) IN GENERAL.—The Secretary shall conduct a 

7 hazard tree and commercial timber evaluation that identi8 fies timber resources appropriate for removal within the 

9 Wallow Fire Area not later than the date that is the ear10 lier of— 

11 (1) the date that is 30 days after the comple12 tion of the burned area emergency response for the 

13 Wallow Fire Area; or 

14 (2) the date that is 45 days after the date of 

15 containment of the Wallow Fire. 

16 (b) REPORT REQUIRED.—In conducting a hazard 

17 tree and commercial timber evaluation under subsection 

18 (a), the Secretary shall prepare a report that includes— 

19 (1) a description of— 

20 (A) the forest conditions in the burned 

21 areas of the Wallow Fire Area; and 

22 (B) the short- and long-term risks the con23 ditions pose to forest users, communities, pri24 vate property, and remaining resources; 


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1 (2) a map of areas for potential hazard tree re2 moval, areas for potential fire-damaged commercial 

3 tree removal, and areas for potential elimination 

4 from harvest consideration, including a delineation 

5 of the Community Protection Management Area for 

6 the Wallow Fire Area; 

7 (3) a map of the burn intensity within the Wal8 low Fire Area; 

9 (4) a preliminary determination of— 

10 (A) the anticipated receipts to be derived 

11 from the hazard and fire-damaged commercial 

12 timber identified for removal in the Wallow Fire 

13 Area; 

14 (B) the estimated costs to the Secretary 

15 associated with the removal of the timber; and 

16 (C) to the maximum extent practicable, re17 ceipts likely to be lost if action is not taken in 

18 a timely manner; 

19 (5) a description of 1 or more proposals for 

20 timber removal projects providing for the removal of 

21 hazard trees and fire-damaged, dead, and dying tim22 ber resources in the Wallow Fire Area; and 

23 (6) a description of the desired outcomes of re24 habilitation and tree removal in burned portions of 

25 the Wallow Fire Area. 


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1 (c) EXCLUDED AREAS.—In identifying areas for tree 

2 removal under subsection (a), the Secretary shall exclude 

3 high fire-severity burned areas on steep slopes, slopes with 

4 an incline greater than 40 percent, riparian areas, and 

5 fragile erosive sites, unless tree removal in those areas is 

6 necessary to address public health and safety concerns. 

7 (d) PUBLIC INVOLVEMENT.—The Secretary shall fa8 cilitate the meaningful involvement of State and local offi9 cials, Indian tribes, institutions of higher education, and 

10 other interested persons during the preparation of the haz11 ard tree and commercial timber evaluation conducted 

12 under this section. 

13 (e) DEADLINE FOR COMPLETION.—Not later than 45 

14 days after the date on which the Secretary commences the 

15 hazard tree and commercial timber evaluation, the Sec16 retary shall complete the hazard tree and commercial tim17 ber evaluation. 

18 SEC. 5. TIMBER REMOVAL PROJECTS. 

19 (a) TIMBER REMOVAL PROJECT REQUIREMENTS.— 

20 (1) IN GENERAL.—The Secretary shall limit the 

21 removal of trees under a timber removal project 

22 under this Act to hazard trees and trees that are al23 ready down, dead, or severely root-sprung, such that 

24 mortality is highly probable. 


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1 (2) CONSIDERATIONS.—In selecting tree re2 moval techniques for a timber removal project under 

3 this Act, the Secretary shall take into account the 

4 degree of ground disturbances, soil types, soil satu5 ration, worker safety, threatened and endangered 

6 species, aquatic systems, and other ecological values 

7 associated with the site of the timber removal 

8 project. 

9 (3) MONITORING REQUIREMENTS.—The Sec10 retary shall use an effectiveness monitoring frame11 work to assess the ecological and economic effects of 

12 tree removal projects carried out under this Act with 

13 respect to accomplishing desired outcomes identified 

14 in the hazard tree and commercial timber evaluation. 

15 (4) LIMITATION.—Nothing in this Act author16 izes new permanent road construction for timber re17 moval. 

18 (5) CONGRESSIONAL INTENT.—It is the intent 

19 of Congress that all timber removal projects carried 

20 out under this Act be completed by the date that is 

21 not later than 18 months after the date of enact22 ment of this Act. 

23 (b) ENVIRONMENTAL COMPLIANCE.— 

24 (1) IN GENERAL.—Except as otherwise pro25 vided in this Act, the Secretary shall comply with 


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1 the National Environmental Policy Act of 1969 (42 

2 U.S.C. 4321 et seq.) and other applicable laws in 

3 planning and conducting timber removal projects. 

4 (2) NEPA REQUIREMENTS.— 

5 (A) IN GENERAL.—In the case of a timber 

6 removal project to be conducted in a Commu7 nity Protection Management Area under this 

8 Act, the Secretary shall prepare an environ9 mental assessment for the proposed agency ac10 tion under section 102(2) of the National Envi11 ronmental Policy Act of 1969 (42 U.S.C. 

12 4332(2)). 

13 (B) ALTERNATIVES.—Nothing in this sub14 section requires the Secretary to study, develop, 

15 or describe any alternative to the proposed 

16 agency action in the environmental assessment 

17 conducted under subparagraph (A). 

18 (C) PUBLIC PARTICIPATION.—The Sec19 retary shall provide an opportunity for public 

20 participation during the preparation of the envi21 ronmental assessment under subparagraph (A), 

22 in accordance with existing protocols. 

23 (3) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

24 Timber removal projects carried out under this Act 

25 are subject to the special administrative process and 


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1 judicial review process under sections 105 and 106 

2 of the Healthy Forests Restoration Act of 2003 (16 

3 U.S.C. 6515, 6516). 

4 (4) USE OF RECEIPTS.—Amounts collected by 

5 the Secretary from a timber removal project carried 

6 out under this Act shall be available for expenditure 

7 by the Secretary for forest restoration treatments in 

8 the Wallow Fire Area. 

Æ 


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