I 

111TH CONGRESS 

1ST SESSION H. R. 2899 

To address the public health and safety threat presented by the risk of 

catastrophic wildfire on Federal forestlands of the State of California 

by requiring the Secretary of Agriculture and the Secretary of the Interior to expedite forest management projects relating to hazardous fuels 

reduction, forest restoration, and forest health. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 16, 2009 

Mr. HERGER (for himself, Mr. MCCLINTOCK, Mr. DANIEL E. LUNGREN of 

California, and Mr. RADANOVICH) 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 address the public health and safety threat presented 

by the risk of catastrophic wildfire on Federal forestlands 

of the State of California by requiring the Secretary 

of Agriculture and the Secretary of the Interior to expedite forest management projects relating to hazardous 

fuels reduction, forest restoration, and forest health. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘California Catastrophic Wildfire Prevention and Commu4 nity Protection Act’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Project authority consistent with community wildfire protection plan. 

Sec. 5. Elements of eligible projects. 

Sec. 6. Environmental analysis. 

Sec. 7. Administrative and judicial review. 

Sec. 8. Acceptance and use of funds or in-kind services. 

Sec. 9. Report. 

7 SEC. 2. FINDINGS. 

8 Congress makes the following findings: 

9 (1) Forested lands under the jurisdiction of the 

10 Forest Service and Bureau of Land Management in 

11 California have grown into a state of unnatural den12 sity and structure. 

13 (2) Overgrown forest conditions, in combination 

14 with continued drought and other climatic cir15 cumstances, have left these forests at extreme risk 

16 to insects, disease, and catastrophic wildfire. 

17 (3) The risk of catastrophic wildfire presents a 

18 very real threat to the health and safety of individ19 uals and communities in the wildland-urban inter20 face as well as to the property of adjacent private 

21 landowners. 


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1 (4) The catastrophic, stand-replacing fires that 

2 are occurring with increasing frequency as a result 

3 of the forest conditions described in paragraph (2), 

4 pose a threat to the health of lands, watersheds, 

5 wildlife, air quality and the environment. 

6 (5) Local communities and interests are willing 

7 to work collaboratively to assure seamless protection 

8 from catastrophic wildfire and to improve forest 

9 health across public and private lands. 

10 (6) The Federal Government, particularly the 

11 Forest Service and Bureau of Land Management, 

12 must address these conditions at the appropriate an13 nual pace and scale needed across the landscape to 

14 have a substantial impact in reducing natural dis15 turbances. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

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

19 community’’ has the meaning given that term in 

20 Section 101 of the Healthy Forests Restoration Act 

21 of 2003 (16 U.S.C. 6511). 

22 (2) AT-RISK WATERSHED.—The term ‘‘at-risk 

23 watershed’’ means a watershed— 

24 (A) where there exists a high risk of losing 

25 key ecosystem, wildlife, and watershed compoVerDate Nov 24 2008 23:07 Jun 17, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2899.IH H2899

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1 nents to severe fire, including post-fire disturb2 ances, as documented by the Secretary con3 cerned; and 

4 (B) where there are— 

5 (i) Federal lands in condition class II 

6 or III, as developed by the Forest Service 

7 Rocky Mountain Research Station in the 

8 general technical report titled ‘‘Develop9 ment of Coarse-Scale Spatial Data for 

10 Wildland Fire and Fuel Management’’ 

11 (RMRS–87) and dated April 2000 (includ12 ing any subsequent revision to the report); 

13 or 

14 (ii) private lands that are located in a 

15 ‘‘Very High Fire Hazard Severity Zone’’, 

16 as determined by the California State Fire 

17 Marshal. 

18 (3) COMMUNITY WILDFIRE PROTECTION

19 PLAN.—The term ‘‘community wildfire protection 

20 plan’’ has the meaning given that term in Section 

21 101 of the Healthy Forests Restoration Act of 2003 

22 (16 U.S.C. 6511). 

23 (4) COUNTY FIRE PLAN.—The term ‘‘county 

24 fire plan’’ means a plan developed similarly to a 

25 community wildfire protection plan with an annual 


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1 mitigation strategy developed through a collaborative 

2 effort and formally adopted by the Board of Super3 visors of the county in which the forest lands cov4 ered by the plan are located. 

5 (5) COVERED FOREST LANDS.— 

6 (A) INCLUDED LANDS.—The term ‘‘cov7 ered forest lands’’ means— 

8 (i) National Forest System lands in 

9 California; and 

10 (ii) Public land in California adminis11 tered by the Secretary of the Interior 

12 through the Bureau of Land Management. 

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

14 include land that is a component of the Na15 tional Wilderness Preservation System or other 

16 Federal land (other than inventoried roadless 

17 areas and wilderness study areas) in which the 

18 removal of vegetation is specifically prohibited 

19 by Federal law. 

20 (6) ELIGIBLE PROJECT.—The term ‘‘eligible 

21 project’’ means the measures and methods included 

22 in a project carried out on covered forest lands by 

23 the Secretary concerned for hazardous fuels reduc24 tion, forest health, and forest restoration. 


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

3 (A) The Secretary of Agriculture, in the 

4 case of National Forest System lands; and 

5 (B) The Secretary of the Interior, in the 

6 case of public land administered by the Sec7 retary of the Interior through the Bureau of 

8 Land Management. 

9 SEC. 4. PROJECT AUTHORITY CONSISTENT WITH COMMU10 NITY WILDFIRE PROTECTION PLAN. 

11 The Secretary concerned shall carry out eligible 

12 projects on covered forest lands that are within or adja13 cent to an at-risk community or an at-risk watershed if 

14 the eligible project is consistent with the applicable com15 munity wildfire protection plan or county fire plan. 

16 SEC. 5. ELEMENTS OF ELIGIBLE PROJECTS. 

17 Eligible projects on covered forest lands shall be car18 ried out in a cost-effective manner that— 

19 (1) focuses on surface, ladder, and canopy fuels 

20 reduction activities; or 

21 (2) implements forest restoration activities in 

22 response to severe fire, insect, or disease infestation, 

23 windthrow, or other extreme weather events or nat24 ural disasters. 


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1 SEC. 6. ENVIRONMENTAL ANALYSIS. 

2 (a) GENERAL RULE OF PROPOSED ACTION AND NO

3 ACTION ALTERNATIVE.—The Secretary concerned shall 

4 prepare an environmental assessment or an environmental 

5 impact statement pursuant to section 102(2) of the Na6 tional Environmental Policy Act of 1969 (42 U.S.C. 

7 4332(2)) for each proposed eligible project. The Secretary 

8 concerned shall study, develop, and describe the proposed 

9 action and the alternative of no action. Except as provided 

10 in subsection (b), the Secretary concerned is not required 

11 to study, develop, or describe any alternative actions to 

12 the proposed agency action. 

13 (b) CONSIDERATION OF ALTERNATIVE REC14 OMMENDATION.—The Secretary concerned shall evaluate 

15 and consider an alternative recommendation submitted by 

16 the county in which a proposed eligible project is to be 

17 carried out if the county determines that the proposed eli18 gible project is or may be inconsistent with its community 

19 wildfire protection plan. The Secretary shall publish the 

20 evaluation and consideration of the alternative rec21 ommendation in the environmental assessment or environ22 mental impact statement prepared pursuant to section 

23 102(2) of the National Environmental Policy Act of 1969 

24 (42 U.S.C. 4332(2)) for the proposed eligible project. 

25 (c) EFFECT OF COUNTY EMERGENCY.— 


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1 (1) COUNCIL ON ENVIRONMENTAL QUALITY.— 

2 Pursuant to Section 1506.11 of title 40, Code of 

3 Federal Regulations, the Secretary concerned shall 

4 request the Council on Environmental Quality to de5 velop and approve alternative arrangements for a 

6 proposed eligible project if the county in which the 

7 proposed eligible project is to be carried out, in con8 sultation with the Director of the California Depart9 ment of Forestry and Fire Protection, declares— 

10 (A) a state of emergency; or 

11 (B) the existence of a dangerous nuisance 

12 to public safety, welfare, infrastructure, water13 sheds, wildlife habitat, or other vital assets due 

14 to the accumulation of forest fuels and the as15 sociated risk of extreme fire on covered forest 

16 lands. 

17 (2) MANDATORY INFORMATION.—When re18 questing alternative arrangements under paragraph 

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

20 Council on Environmental Quality the following in21 formation: 

22 (A) A description of the proposed eligible 

23 project. 

24 (B) The condition of forest fuels within or 

25 near the proposed eligible project. 


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1 (C) The threat to public safety, welfare, in2 frastructure, watersheds, wildlife habitat, or 

3 other vital assets due to the accumulation of 

4 forest fuels and the associated risk of extreme 

5 fire that the proposed eligible project is to re6 lieve. 

7 (D) The degree to which delaying the im8 plementation of the proposed eligible project 

9 will increase the risk of serious harm to public 

10 safety, welfare, infrastructure, watersheds, wild11 life habitat, or other vital assets due to the ac12 cumulation of forest fuels and the associated 

13 risk of extreme fire. 

14 (E) Any other information the Secretary 

15 concerned determines relevant. 

16 (3) FURTHER INFORMATION.—At the request 

17 of either the county in which the eligible project is 

18 to be carried out or the Director of the California 

19 Department of Forestry and Fire Protection, the 

20 Secretary concerned shall transmit to the Council on 

21 Environmental Quality information provided to the 

22 Secretary concerned by the State or county con23 cerning the threat to public safety, welfare, infra24 structure, watersheds, wildlife habitat, or other vital 

25 assets due to the accumulation of forest fuels and 


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1 the associated risk of extreme fire that the proposed 

2 eligible project is to relieve. 

3 (4) DEADLINE FOR ALTERNATIVE ARRANGE4 MENTS.—Not later than 15 days after receipt of a 

5 request under paragraph (1) for approval of alter6 native arrangements for a proposed eligible project, 

7 the Council on Environmental Quality shall submit 

8 to the Secretary concerned either the alternative ar9 rangements for the eligible project or a statement 

10 explaining why the alternative arrangements are de11 nied. If the Council on Environmental Quality fails 

12 to comply with such deadline or denies alternative 

13 arrangements, the Secretary concerned shall proceed 

14 immediately and to completion on the proposed eligi15 ble project notwithstanding any other provision of 

16 law including, but not limited to, the National Envi17 ronmental Policy Act and the National Forest Man18 agement Act (16 U.S.C. 1601 et seq.). Such actions 

19 shall also not be subject to the notice, comment, and 

20 appeal requirements of the Appeals Reform Act, (16 

21 U.S.C. 1612 (note), Pub. Law No. 102–381 Sec. 

22 322). Any action authorized by this subsection shall 

23 not be subject to judicial review by any court of the 

24 United States. 


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1 SEC. 7. ADMINISTRATIVE AND JUDICIAL REVIEW. 

2 (a) ADMINISTRATIVE REVIEW.—Administrative re3 view of eligible projects shall occur in accordance with the 

4 special administrative review process established under 

5 section 105 of the Healthy Forests Restoration Act of 

6 2003 (16 U.S.C. 6515). 

7 (b) JUDICIAL REVIEW.—Judicial review of eligible 

8 projects shall occur in accordance with section 106 of the 

9 Healthy Forests Restoration Act of 2003 (16 U.S.C. 

10 6516). 

11 SEC. 8. ACCEPTANCE AND USE OF FUNDS OR IN-KIND 

12 SERVICES. 

13 The Secretary concerned may accept and use funds 

14 or in-kind services from any public or private entity to 

15 assist carrying out eligible projects under this Act. 

16 SEC. 9. REPORT. 

17 The Secretary concerned shall submit to the Com18 mittee on Natural Resources of the House of Representa19 tives and the Committee on Energy and Natural Re20 sources of the Senate an annual report describing all eligi21 ble projects conducted under this Act. 

Æ 


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