Action Versus No Action Act

Subjects: Public Lands and Natural Resources

Summary:  <p><strong>Action Versus No Action Act</strong></p> <p>This bill limits the scope of certain environmental assessments or impact statements related to forest management activities on National Forest System lands or public lands suitable for timber production to a consideration only of the effects of the forest management activity and the alternative of no action. </p> <p>Specifically, the bill applies to assessments or impact statements prepared by the Department of Agriculture (USDA), with respect to National Forest System lands, or the Department of the Interior, with respect to public lands, for forest management activities that meet at least one of the criteria specified.</p> <p>In the case of the alternative of no action, USDA or Interior shall consider whether to evaluate</p> <ul> <li>the effect of no action on, among other things, forest health, wildfire potential, insect and disease potential, and timber production; and </li> <li>the implications of a resulting decline in forest health, loss of habitat diversity, wildfire, or insect or disease infestation on potential losses of life and property, domestic water supply in the project area, and wildlife habitat loss. </li> </ul>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 189 Introduced in House (IH)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Action Versus No Action Act''.

SEC. 2. ANALYSIS OF ONLY TWO ALTERNATIVES (ACTION VERSUS NO ACTION) IN 
              PROPOSED COLLABORATIVE FOREST MANAGEMENT ACTIVITIES.

    (a) Application to Certain Environmental Assessments and 
Environmental Impact Statements.--This section shall apply whenever the 
Secretary concerned prepares an environmental assessment or an 
environmental impact statement pursuant to section 102 of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332) for a forest 
management activity that--
            (1) will occur on lands identified as the Secretary 
        concerned as suitable for timber production; and
            (2) meets at least one of the following conditions:
                    (A) The forest management activity will occur on 
                lands designated by the Secretary (or designee thereof) 
                pursuant to section 602(b) of the Healthy Forests 
                Restoration Act of 2003 (16 U.S.C. 6591a(b)), 
                notwithstanding whether such forest management activity 
                is initiated prior to the date of enactment of this 
                Act.
                    (B) The forest management activity is developed 
                through a collaborative process.
                    (C) The forest management activity is proposed by a 
                resource advisory committee.
                    (D) The forest management activity is covered by a 
                community wildfire protection plan.
    (b) Consideration of Alternatives.--In the case of an environmental 
assessment or environmental impact statement described in subsection 
(a), the Secretary concerned shall study, develop, and describe only 
the following two alternatives:
            (1) The forest management activity.
            (2) The alternative of no action.
    (c) Elements of No Action Alternative.--In the case of the 
alternative of no action described in subsection (b)(2), the Secretary 
concerned shall consider whether to evaluate--
            (1) the effect of no action on--
                    (A) forest health;
                    (B) potential losses of life and property;
                    (C) habitat diversity;
                    (D) wildfire potential;
                    (E) insect and disease potential; and
                    (F) timber production; and
            (2) the implications of a resulting decline in forest 
        health, loss of habitat diversity, wildfire, or insect or 
        disease infestation (given fire and insect and disease historic 
        cycles) on--
                    (A) potential losses of life and property;
                    (B) domestic water supply in the project area;
                    (C) wildlife habitat loss; and
                    (D) other economic and social factors.
    (d) Definitions.--In this section:
            (1) Collaborative process.--The term ``collaborative 
        process'' means a process relating to the management of 
        National Forest System lands or public lands by which a project 
        or forest management activity is developed and implemented by 
        the Secretary concerned through collaboration with interested 
        persons, as described in section 603(b)(1)(C) of the Healthy 
        Forests Restoration Act of 2003 (16 U.S.C. 6591b(b)(1)(C)).
            (2) Community wildfire protection plan.--The term 
        ``community wildfire protection plan'' has the meaning given 
        the term in section 101 of the Healthy Forests Restoration Act 
        of 2003 (16 U.S.C. 6511).
            (3) Resource advisory committee.--The term ``resource 
        advisory committee'' has the meaning given the term in section 
        201 of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7121).
            (4) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture, with respect to 
                National Forest System lands; and
                    (B) the Secretary of the Interior, with respect to 
                public lands.
                                 &lt;all&gt;
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