109TH CONGRESS 
2D SESSION 
H. R. 4200
AN ACT 
To improve the ability of the Secretary of Agriculture and 
the Secretary of the Interior to promptly implement re-
covery treatments in response to catastrophic events af-
fecting Federal lands under their jurisdiction, including 
the removal of dead and damaged trees and the imple-
mentation of reforestation treatments, to support the 
recovery of non-Federal lands damaged by catastrophic 
events, to revitalize Forest Service experimental forests, 
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as ‘‘Forest 
Emergency Recovery and Research Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title and table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
TITLE I—RESPONSE TO CATASTROPHIC EVENTS ON FEDERAL 
LANDS 
Sec. 101. Development of research protocols and use in catastrophic event re-
search projects. 
Sec. 102. Catastrophic event recovery evaluations. 
Sec. 103. Compliance with National Environmental Policy Act. 
Sec. 104. Availability and use of pre-approved management practices. 
Sec. 105. Availability and use of emergency procedures. 
Sec. 106. Administrative and judicial review. 
Sec. 107. Guidance regarding reforestation in response to catastrophic events. 
Sec. 108. Effect of title. 
Sec. 109. Standards for tree retention. 
TITLE II—RESTORING LANDSCAPES AND COMMUNITIES 
IMPACTED BY CATASTROPHIC EVENTS 
Subtitle A—Cooperative Forestry Assistance Act of 1978
Sec. 201. Assistance under Cooperative Forestry Assistance Act of 1978 to re-
store landscapes and communities affected by catastrophic 
events. 
Subtitle B—Department of the Interior Assistance 
Sec. 211. Restoring landscapes. 
Sec. 212. Restoring communities. 
TITLE III—EXPERIMENTAL FORESTS 
Sec. 301. Findings. 
Sec. 302. Availability and use of pre-approved management practices on Na-
tional Forest experimental forests. 
Sec. 303. Limited consideration of alternatives for projects on National Forest 
experimental forests. 
TITLE IV—GENERAL PROVISIONS
Sec. 401. Regulations. 
Sec. 402. Dedicated source of funds for research and monitoring. 
Sec. 403. Other funding sources. 
Sec. 404. Effect of declaration of major disaster or emergency.
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The number and severity of catastrophic 
events causing resource damage to Federal land has 
significantly increased over the last 20 years, and 
such catastrophic events also create serious adverse 
environmental, social, and economic consequences 
for Federal land and adjacent non-Federal land and 
communities. 
(2) Catastrophic events often devastate forest 
or rangeland ecosystems and eliminate sources of 
seed for desired tree and plant species, which—
(A) delays or even precludes the reestab-
lishment of appropriate forest or plant cover on 
millions of acres of Federal land; 
(B) increases the susceptibility of the dam-
aged land to wildfire and noxious or harmful 
species and reduces the economic value of the 
damaged land’s resources; 
(C) increases the susceptibility of adjacent 
undamaged land to insect infestations, disease, 
and noxious weeds;
(D) pollutes municipal water supplies and 
damages water delivery infrastructure; 
(E) exacerbates sediment production that 
adversely impacts native fish habitat and soil 
productivity; 
(F) results in unsafe campgrounds, trails, 
roads, and other infrastructure; and 
(G) adversely impacts the sustainability of 
ecosystems and the well-being of adjacent com-
munities. 
(3) Program authorities and funding mecha-
nisms currently available to the Secretary of Agri-
culture and the Secretary of the Interior to respond 
to catastrophic events on forested Federal land do 
not provide for consistent and timely response activi-
ties. 
(4) The Council on Environmental Quality has 
approved on an infrequent basis the use of alter-
native arrangements to respond to catastrophic 
events on forested Federal land, but, when used in 
the past, such alternative arrangements have encour-
aged expedited and successful recovery outcomes. 
(5) A prompt and standardized management re-
sponse to a catastrophic event, which is also adapt-
ive to the unique characteristics of each catastrophic 
event, is needed—
(A) to effectively recover the area damaged 
by the catastrophic event, 
(B) to minimize the impact on the re-
sources of the area and adjacent communities 
adversely affected by the catastrophic event; 
and 
(C) to recover damaged, but still mer-
chantable, material before it loses its economic 
value. 
(6) Reforestation treatments on forested Fed-
eral land after a catastrophic event helps to restore 
appropriate forest cover, which provides multiple re-
newable resource benefits, including—
(A) protecting soil and water resources; 
(B) providing habitat for wildlife and fish; 
(C) contributing to aesthetics and enhanc-
ing the recreational experience for visitors; 
(D) providing a future source of timber for 
domestic use; and 
(E) ensuring the health and resiliency of 
affected ecosystems for present and future gen-
erations.
(7) According to the Comptroller General, the 
reforestation backlog for Federal land has increased 
since 2000 as a result of natural disturbances, such 
as wildland fires, insect infestations, and diseases. 
(8) Additional scientific and monitoring infor-
mation is needed regarding the effectiveness of re-
covery treatments to improve subsequent recovery 
proposals in response to future catastrophic events. 
(9) State, tribal, and local governments, local 
communities, and other entities play a critical role in 
restoring landscapes damaged by a catastrophic 
event and in reducing the risks associated with the 
catastrophic event. 
(10) Greater resources and adaptive arrange-
ments must be made available to land managers to 
facilitate the prompt implementation of recovery 
treatments, including reforestation, following cata-
strophic events. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) BURNED AREA EMERGENCY RESPONSE.—
The term ‘‘burned area emergency response’’ means 
the process used by the Secretary concerned to plan 
and implement emergency stabilization actions on 
Federal land in response to a catastrophic event in
order to minimize threats to life or property or to 
stabilize and prevent unacceptable degradation to 
natural and cultural resources resulting from the ef-
fects of the catastrophic event. 
(2) CATASTROPHIC EVENT.—The term ‘‘cata-
strophic event’’ means any natural disaster or any 
fire, flood, or explosion, regardless of cause, that the 
Secretary concerned determines has caused or will 
cause damage of significant severity and magnitude 
to Federal land or, in the case of title II, non-Fed-
eral land. A natural disaster may include a hurri-
cane, tornado, windstorm, snow or ice storm, rain 
storm, high water, wind-driven water, tidal wave, 
earthquake, volcanic eruption, landslide, mudslide, 
drought, or insect or disease outbreak. 
(3) CATASTROPHIC
EVENT
RECOVERY.—The 
term ‘‘catastrophic event recovery’’, with respect to 
an area of Federal land damaged by a catastrophic 
event, means—
(A) if the catastrophic event involved fire, 
the rehabilitation and restoration activities 
(other than any emergency stabilization treat-
ments undertaken as part of the burned area 
emergency response) that are undertaken on 
the damaged Federal land, including any infra-
structure or facilities thereon, in response to 
the catastrophic event; 
(B) if the catastrophic event did not in-
volve fire, the emergency stabilization and reha-
bilitation and restoration activities that are un-
dertaken on the damaged Federal land, includ-
ing infrastructure or facilities thereon, in re-
sponse to the catastrophic event; or 
(C) the reforestation or revegetation, con-
sistent with the applicable land and resource 
management plan, of the damaged Federal land 
in response to the catastrophic event using, to 
the extent practicable and preferable, native or 
beneficial plants to avoid creation of plantation 
forests and the recovery of trees on the dam-
aged Federal land, through the use of timber 
harvesting and other appropriate methods of 
forest regeneration. 
(4) CATASTROPHIC EVENT RECOVERY EVALUA-
TION.—The term ‘‘catastrophic event recovery eval-
uation’’, with respect to an area of Federal land 
damaged by a catastrophic event, means an evalua-
tion of the damaged Federal land that is conducted 
in accordance with section 102.
(5) CATASTROPHIC
EVENT
RECOVERY
PRO-
POSAL.—The term ‘‘catastrophic event recovery pro-
posal’’ means the list and brief description of cata-
strophic event recovery projects, catastrophic event 
research projects, and pre-approved management 
practices that are—
(A) identified as part of the catastrophic 
event recovery evaluation of an area of Federal 
land damaged by a catastrophic event; and 
(B) proposed to be undertaken to facilitate 
the catastrophic event recovery of the area or 
evaluate the effects and effectiveness of such re-
covery efforts. 
(6) 
CATASTROPHIC
EVENT
RECOVERY 
PROJECT.—The term ‘‘catastrophic event recovery 
project’’ means an individual activity or a series of 
activities identified in a catastrophic event recovery 
proposal for an area of Federal land damaged by a 
catastrophic event and proposed to be undertaken in 
response to the catastrophic event to promote cata-
strophic event recovery. 
(7) 
CATASTROPHIC
EVENT
RESEARCH 
PROJECT.—The term ‘‘catastrophic event research 
project’’ means a scientifically designed study of the 
effects and effectiveness of—
(A) 
any 
catastrophic 
event 
recovery 
projects undertaken in an area of land damaged 
by a catastrophic event; and 
(B) any emergency stabilization treatments 
undertaken as part of a burned area emergency 
response in the area of land damaged by a cata-
strophic event. 
(8) 
COMMUNITY
WILDFIRE
PROTECTION 
PLAN.—The term ‘‘community wildfire protection 
plan’’ has the meaning given that term in section 
101(3) of the Healthy Forest Restoration Act of 
2003 (16 U.S.C. 6511(3)). 
(9) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’, for purposes of providing assistance under sub-
title B of title II, means a State Forester or equiva-
lent State official, an Indian tribe, local government, 
community-based organization, or other person. 
(10) FEDERAL
LAND.—The term ‘‘Federal 
land’’ means land in the National Forest System 
and public lands. The term does not include any 
land contained in a component of the National Wil-
derness Preservation System or designated as a na-
tional monument. 
(11) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(12) LAND
AND
RESOURCE
MANAGEMENT 
PLAN.—The term ‘‘land and resource management 
plan’’ means—
(A) a land and resource management plan 
developed for a unit of the National Forest Sys-
tem under section 6 of the Forest and Range-
land Renewable Resources Planning Act of 
1974 (16 U.S.C. 1604); or 
(B) a land use plan developed for an area 
of the public lands under section 202 of the 
Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1712). 
(13) LAND-GRANT
COLLEGES
AND
UNIVER-
SITIES.—The term ‘‘land-grant colleges and univer-
sities’’ has the meaning given that term in section 
1404(11) of the National Agricultural Research, Ex-
tension, and Teaching Policy Act of 1977 (7 U.S.C. 
3103(11)). 
(14) 
LANDSCAPE
ASSESSMENT.—The 
term 
‘‘landscape assessment’’ means an assessment de-
scribing catastrophic event conditions and recovery 
needs and opportunities on non-Federal land af-
fected by a catastrophic event and including a list of
proposed special recovery projects to address those 
needs and opportunities. 
(15) NATIONAL
FOREST
SYSTEM.—The term 
‘‘National Forest System’’ has the meaning given 
that term in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609(a)). 
(16) 
PRE-APPROVED
MANAGEMENT
PRAC-
TICE.—The term ‘‘pre-approved management prac-
tice’’ means a management practice identified by the 
Secretary concerned under section 104(a) that may 
be immediately implemented as part of a cata-
strophic event recovery project or catastrophic event 
research project to facilitate the catastrophic event 
recovery of an area of Federal land damaged by a 
catastrophic event. 
(17) PUBLIC LANDS.—The term ‘‘public lands’’ 
has the meaning given that term in section 103(e) 
of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702(e)). 
(18) 
SECRETARY
CONCERNED.—The 
term 
‘‘Secretary concerned’’ means—
(A) the Secretary of Agriculture, with re-
spect to National Forest System land; and
(B) the Secretary of the Interior, with re-
spect to public lands. 
(19) SPECIAL RECOVERY PROJECT.—The term 
‘‘special recovery project’’ means an individual activ-
ity or a series of activities proposed to be under-
taken to rehabilitate, repair, and restore non-Federal 
land damaged by a catastrophic event, community 
infrastructure and facilities on the land, and eco-
nomic, social, and cultural conditions affected by the 
catastrophic event. 
TITLE I—RESPONSE TO CATA-
STROPHIC EVENTS ON FED-
ERAL LANDS 
SEC. 101. DEVELOPMENT OF RESEARCH PROTOCOLS AND 
USE IN CATASTROPHIC EVENT RESEARCH 
PROJECTS. 
(a) DEVELOPMENT OF PROTOCOLS; PURPOSE.—For 
the purpose of conducting and evaluating the effectiveness 
and effects of a catastrophic event recovery project and 
of emergency stabilization treatments undertaken as part 
of a burned area emergency response, the Secretary con-
cerned shall develop research protocols consisting of—
(1) a research approach that is specifically de-
signed to improve knowledge, understanding, and 
predictive capabilities—
(A) to increase the long-term benefits of 
management activities, including natural and 
artificial regeneration of vegetation; and 
(B) to decrease the short-term impacts of 
such management activities; 
(2) an appropriate and scientifically sound ex-
perimental design or set of sampling procedures; and 
(3) accompanying methods of data analysis and 
interpretation. 
(b) PEER REVIEW.—The research protocols devel-
oped under subsection (a), and any subsequent modifica-
tion thereof, shall be subject to peer review, including 
independent, third-party peer review, by scientific and 
land management experts. 
(c) TIME FOR COMPLETION; MODIFICATION.—The 
research protocols required by this section shall be sub-
mitted to Congress not later than 180 days after the date 
of the enactment of this Act. The Secretary concerned 
may modify the research protocols, as the Secretary deter-
mines necessary, after their submission to Congress. The 
Secretary concerned shall notify Congress regarding any 
such modification. 
(d) CATASTROPHIC EVENT RESEARCH PROJECTS.—
In accordance with the research protocols developed under 
this section, the Secretary concerned may conduct one or
more catastrophic event research projects in an area of 
land damaged by a catastrophic event. The Secretary may 
develop a proposed catastrophic event research project as 
part of a catastrophic event recovery proposal or develop 
a catastrophic event research project independently of the 
catastrophic event recovery proposal during the cata-
strophic event recovery in response to changing conditions 
in the area damaged by the catastrophic event. 
(e) PUBLIC ACCESS.—
(1) PROTOCOLS.—The Secretary concerned 
shall make the research protocols developed under 
subsection (a), including any modification thereof, 
publicly available, in a form determined to be appro-
priate by the Secretary. 
(2) RESEARCH RESULTS.—After completion of 
the peer review required by subsection (b), the Sec-
retary concerned shall make the results of cata-
strophic event research projects publicly available, in 
a form determined to be appropriate by the Sec-
retary. 
(f) FOREST HEALTH PARTNERSHIPS.—In developing 
and using the research protocols required by this section, 
the Secretary concerned shall enter into cooperative agree-
ments with land-grant colleges and universities and other 
institutions of higher education to form forest health part-
nerships, including regional institutes, to utilize their edu-
cation, research, and outreach capacity to address the cat-
astrophic event recovery of forested land. A forest health 
partnership may be aligned with the current network of 
Cooperative Ecosystem Studies Units. 
SEC. 102. CATASTROPHIC EVENT RECOVERY EVALUATIONS. 
(a) COMMENCEMENT.—
(1) EVALUATION REQUIRED.—In response to a 
catastrophic event affecting 1,000 or more acres of 
Federal land, the Secretary concerned shall conduct 
a catastrophic event recovery evaluation of the dam-
aged Federal land. 
(2) EVALUATION
AUTHORIZED.—If a cata-
strophic event affects more than 250 acres of Fed-
eral land, but less than 1,000 acres, the Secretary 
concerned is authorized, but not required, to conduct 
a catastrophic event recovery evaluation of the dam-
aged Federal land. 
(b) TIME FOR COMMENCEMENT.—
(1) WHEN
EVALUATION
REQUIRED.—When a 
catastrophic event recovery evaluation is required 
under subsection (a)(1), the Secretary concerned 
shall commence the catastrophic event recovery eval-
uation for the Federal land damaged by the cata-
strophic event—
(A) as soon as practicable during or after 
the conclusion of the catastrophic event to fa-
cilitate prompt decision-making with regard to 
the catastrophic event recovery of the damaged 
Federal land; but 
(B) in no event later than 30 days after 
the conclusion of the catastrophic event. 
(2) WHEN
EVALUATION
DISCRETIONARY.—
When a catastrophic event recovery evaluation is 
simply discretionary under subsection (a)(2), the 
Secretary concerned shall make a final decision 
whether to commence a catastrophic event recovery 
evaluation for the Federal land damaged by the cat-
astrophic event, and, if the final decision is to com-
mence a catastrophic event recovery evaluation, ac-
tually commence the evaluation—
(A) as soon as practicable during or after 
the conclusion of the catastrophic event to fa-
cilitate prompt decision-making with regard to 
the catastrophic event recovery of the damaged 
Federal land; but 
(B) in no event later than 30 days after 
the conclusion of the catastrophic event. 
(c) COMPLETION.—
(1) TIME
FOR
COMPLETION.—To facilitate 
prompt implementation of catastrophic event recov-
ery projects on Federal land damaged by a cata-
strophic event when a catastrophic event recovery 
evaluation is undertaken under subsection (a), 
whether because the evaluation is required under 
paragraph (1) of such subsection or because the Sec-
retary concerned makes a decision to conduct an 
evaluation under paragraph (2) of such subsection, 
the Secretary concerned shall complete the cata-
strophic event recovery evaluation for the damaged 
Federal land not later than 30 days after the date 
on which Secretary commenced the catastrophic 
event recovery evaluation. 
(2) EXTENSION.—The Secretary concerned may 
extend the completion date for a catastrophic event 
recovery evaluation, on a case-by-case basis, when 
the Secretary concerned determines that additional 
time is necessary to evaluate a complex catastrophic 
event, an on-going catastrophic event, or a series of 
catastrophic events. Only a single extension may be 
provided for any catastrophic event recovery evalua-
tion, and the extension shall not be longer than 60 
days after the date on which the evaluation was oth-
erwise required to be completed under paragraph 
(1). 
(d) ELEMENTS OF CATASTROPHIC EVENT EVALUA-
TION.—In conducting the catastrophic event recovery eval-
uation for an area of Federal land damaged by a cata-
strophic event, the Secretary concerned shall prepare the 
following: 
(1) A description of catastrophic event condi-
tions on the damaged Federal land, recovery needs 
and opportunities, and the areas where management 
intervention would be helpful to achieve the cata-
strophic event recovery of the damaged Federal land. 
(2) A preliminary determination of any cata-
strophic event research projects that best fit the cir-
cumstances of the particular catastrophic event envi-
ronment or would enhance scientific understanding 
relevant to the damaged area. 
(3) A catastrophic event recovery proposal con-
taining possible catastrophic event recovery projects 
and catastrophic event research projects for the 
damaged area and describing the anticipated size 
and scope of these projects. 
(4) One or more maps detailing the area of 
damaged Federal land and the location of cata-
strophic event recovery proposals.
(5) A preliminary estimate of the funding that 
would be needed to complete the catastrophic event 
recovery projects and catastrophic event research 
projects contained in the catastrophic event recovery 
proposal. 
(6) A preliminary estimate of the receipts, in-
cluding receipts from biomass and other forest prod-
ucts, to be derived from the catastrophic event re-
covery projects and catastrophic event research 
projects contained in the catastrophic event recovery 
proposal, and, to the maximum extent practicable, 
an estimate of revenues likely to be lost if action is 
not taken in a timely manner. 
(7) A preliminary schedule showing the timing 
of possible catastrophic event recovery projects and 
catastrophic event research projects by fiscal year, 
assuming funding is available to undertake the 
projects. 
(e) USE OF PRE-APPROVED MANAGEMENT PRAC-
TICES OR EMERGENCY PROCEDURES.—
(1) DETERMINATION.—In addition to com-
plying with the requirements specified in subsection 
(d) for each catastrophic event recovery evaluation, 
the Secretary concerned shall make a determination 
of—
(A) whether or not any pre-approved man-
agement practices should be immediately imple-
mented under section 104 to facilitate the cata-
strophic event recovery of the area covered by 
the catastrophic event recovery evaluation; and 
(B) whether or not any catastrophic event 
recovery project or catastrophic event research 
project, or portion of such a project, contained 
in the catastrophic event recovery proposal 
should be developed and carried out using the 
emergency procedures authorized by section 
105. 
(2) FACTORS.—In making any determination 
under paragraph (1)(B) to develop and carry out a 
catastrophic event recovery project or catastrophic 
event research project, or portion of such a project, 
using emergency procedures under section 105, the 
Secretary concerned shall consider at a minimum 
the following: 
(A) The necessity of promptly responding 
to the catastrophic event on the damaged Fed-
eral land. 
(B) The recovery needs and opportunities 
identified under subsection (d)(1) with respect 
to the damaged Federal land.
(C) The lack of pre-approved management 
practices authorized by section 104 applicable 
to the damaged Federal land. 
(D) The threat to public health and safety. 
(E) The likelihood of substantial loss of 
adjacent private and public property or other 
substantial economic losses. 
(3) CEQ NOTIFICATION.—The Secretary con-
cerned shall make the determination under para-
graph (1) after notification of the Council on Envi-
ronmental Quality, but the determination remains in 
the sole discretion of the Secretary. 
(f) INTERDISCIPLINARY APPROACH.—To conduct the 
catastrophic event recovery evaluation of an area of Fed-
eral land damaged by a catastrophic event, the Secretary 
concerned shall use a systematic, interdisciplinary ap-
proach that insures the integrated use of appropriate nat-
ural and social sciences. 
(g) COORDINATION WITH OTHER ACTIVITIES.—
(1) RELATED ASSESSMENT OF NON-FEDERAL 
LAND.—The Secretary concerned may combine the 
preparation of a catastrophic event recovery evalua-
tion of Federal land with the preparation of a land-
scape assessment for non-Federal land in the vicinity 
of the damaged Federal land prepared under subtitle
B of title II or subsection (c) of section 10A of the 
Cooperative Forestry Assistance Act of 1978 (16 
U.S.C. 2106c), as added by section 201. 
(2) RELATED COMMUNITY WILDFIRE PROTEC-
TION PLANS.—During preparation of a catastrophic 
event recovery evaluation for an area of Federal land 
damaged by a catastrophic event involving wildfire, 
the Secretary concerned shall consider post-fire man-
agement recommendations, if any, contained in any 
community wildfire protection plan addressing the 
damaged Federal land. 
(h) PUBLIC COLLABORATION.—To encourage mean-
ingful participation during the preparation of catastrophic 
event recovery projects, the Secretary concerned shall fa-
cilitate collaboration among State and local governments, 
Indian tribes, land-grant colleges and universities, and in-
terested persons during the preparation of catastrophic 
event recovery evaluations and catastrophic event recovery 
proposals. 
(i) PUBLIC NOTICE.—
(1) NOTICE OF EVALUATION.—The Secretary 
concerned shall provide public notice of each cata-
strophic event recovery evaluation, including the cat-
astrophic event recovery proposal prepared as part 
of the evaluation. The notice shall be provided in a
form determined to be appropriate by the Secretary 
concerned. 
(2) NOTICE OF PUBLIC MEETINGS.—The Sec-
retary concerned shall provide notice of public meet-
ings conducted in connection with a catastrophic 
event recovery evaluation and the availability of pre-
liminary analyses or documents prepared as part of 
the evaluation. The notice shall be provided at such 
times and in such a manner as the Secretary con-
cerned considers appropriate. 
SEC. 103. COMPLIANCE WITH NATIONAL ENVIRONMENTAL 
POLICY ACT. 
(a) COMPLIANCE REQUIRED.—Except as provided in 
subsection (b), the Secretary concerned shall comply with 
the National Environmental Policy Act of 1969 (42 U.S.C. 
4331 et seq.), its implementing regulations, and other ap-
plicable laws in designing and conducting catastrophic 
event recovery projects and catastrophic event research 
projects. 
(b) SATISFACTION OF NEPA REQUIREMENTS.—The 
following activities are deemed to satisfy the requirements 
of section 102 of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4332 et seq.) and its implementing 
regulations:
(1) The preparation of the list of pre-approved 
management practices under section 104. 
(2) The use of pre-approved management prac-
tices on the list in the manner provided in section 
104. 
(3) The use of emergency procedures in the 
manner provided in section 105. 
SEC. 104. AVAILABILITY AND USE OF PRE-APPROVED MAN-
AGEMENT PRACTICES. 
(a) LIST OF AVAILABLE PRE-APPROVED MANAGE-
MENT PRACTICES.—The Secretary concerned shall pre-
pare a list of management practices, by forest type or 
plant association group, that may be immediately imple-
mented as part of a catastrophic event recovery project 
or catastrophic event research project to facilitate the cat-
astrophic event recovery of an area of Federal land dam-
aged by a catastrophic event. The list of pre-approved 
management practices shall be prepared using notice and 
comment rule making under section 553 of title 5, United 
States Code. 
(b) PEER REVIEW.—Before a management practice 
may be included on the list of pre-approved management 
practices, the management practice shall be subject to 
peer review, including independent, third-party peer re-
view, by scientific and land management experts. The re-
sults of the peer review shall be available to the public 
during the comment period. 
(c) REVISION OR AMENDMENT OF LIST.—The Sec-
retary concerned may amend or revise the list of pre-ap-
proved management practices as necessary whenever new 
scientific and managerial information becomes available. 
Subsections (a) and (b) shall apply to the amendment or 
revision process. 
(d) USE FOR CERTAIN ACTIVITIES PROHIBITED.—
(1) ROAD
CONSTRUCTION.—A pre-approved 
management practice may not authorize any perma-
nent road building. Any temporary road constructed 
as part of a pre-approved management practice shall 
be obliterated upon conclusion of the practice and 
the road area restored to the extent practicable. 
(2) TIMBER HARVESTING.—Timber harvesting 
carried out as part of a pre-approved management 
practice shall be limited to trees—
(A) that are already down, dead, broken, 
or severely root sprung; 
(B) regarding which mortality is highly 
probable within five years after the end of the 
catastrophic event; or 
(C) that are required to be removed for 
worker or public safety.
(e) COMPLIANCE WITH OTHER LAWS.—
(1) ESA CONSULTATION.—In the case of the 
proposed use of a pre-approved management practice 
included on the list prepared under subsection (a), 
the Secretary concerned may use the emergency pro-
cedures described in section 402.05 of title 50, Code 
of Federal Regulations, to comply with section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 
1536). At the conclusion of the consultation, the 
statement required by subsection (b)(4) of such sec-
tion shall be issued for any incidental taking that 
may occur while using the pre-approved management 
practice, which shall be effective beginning on the 
date the Secretary concerned initiates the practice 
and shall apply to all persons assisting or cooper-
ating with the Secretary in using the practice. 
(2) OTHER
REQUIRED
CONSULTATION.—Any 
consultation required under other laws, such as the 
National Historic Preservation Act (16 U.S.C. 470 
et seq.), may proceed simultaneously with the imple-
mentation of a pre-approved management practice. 
Results of consultation shall be immediately incor-
porated into the practice, to the extent feasible, 
practical, and consistent with the response, recovery, 
and rehabilitation objectives of the project.
(3) FEDERAL WATER POLLUTION CONTROL ACT 
COMPLIANCE.—Compliance with any applicable re-
quirements of the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) may proceed simulta-
neously with the implementation of a pre-approved 
management practice. 
(f) ISSUANCE OF DECISION DOCUMENT.—Not later 
than 30 days after the date on which the Secretary con-
cerned makes the determination under section 102(e) to 
use a pre-approved management practice to facilitate the 
catastrophic event recovery of an area of Federal land 
damaged by a catastrophic event, the Secretary concerned 
shall issue a concise decision document that contains the 
following: 
(1) A description of the pre-approved manage-
ment practice to be implemented. 
(2) The rationale for the agency decision. 
(3) An economic analysis and justification. 
(4) An analysis of the environmental effects of 
the pre-approved management practice and how 
such effects will be minimized or mitigated con-
sistent with the applicable land and resource man-
agement plan. As part of this analysis, the Secretary 
concerned shall consider, to the extent the Secretary 
concerned determines appropriate, forest type or
plant association group, standing- and down-dead 
wood, watershed, water quality, wildlife habitat, and 
soils applicable to the damaged Federal land. 
(g) IMMEDIATE IMPLEMENTATION.—The Secretary 
concerned shall implement a pre-approved management 
practice immediately after the issuance of the decision 
document under subsection (f), subject only to the avail-
ability of funds for the practice. 
(h) MONITORING.—To monitor the implementation of 
a pre-approved management practice, the Secretary con-
cerned may establish a third-party monitoring group, as 
determined to be appropriate by the Secretary. 
SEC. 105. AVAILABILITY AND USE OF EMERGENCY PROCE-
DURES. 
(a) LIMITED CONSIDERATION OF ALTERNATIVES.—
If the Secretary concerned determines under section 
102(e) to utilize emergency procedures to conduct a cata-
strophic event recovery project or catastrophic event re-
search project, or portion of such a project, the Secretary 
concerned is not required to study, develop, or describe 
more than the proposed agency action and the alternative 
of no action in designing that project or the portion of 
the project for which the emergency procedures are uti-
lized. 
(b) USE FOR CERTAIN ACTIVITIES PROHIBITED.—
(1) ROAD CONSTRUCTION.—Emergency proce-
dures under this section may not be used to design 
or conduct a catastrophic event recovery project or 
catastrophic event research project, or portion of 
such a project, that provides for any permanent road 
building. Any temporary road constructed as part of 
the project shall be obliterated upon completion of 
the project and the road area restored to the extent 
practicable. 
(2) TIMBER HARVESTING.—Timber harvesting 
carried out as part of a catastrophic event recovery 
project or catastrophic event research project, or 
portion of such a project, for which emergency pro-
cedures under this section were used shall be limited 
to trees—
(A) that are already down, dead, broken, 
or severely root sprung; 
(B) regarding which mortality is highly 
probable within five years after the end of the 
catastrophic event; or 
(C) that are required to be removed for 
worker or public safety. 
(c) COMPLIANCE WITH OTHER LAWS.—
(1) ESA CONSULTATION.—In the case of a cat-
astrophic event recovery project or catastrophic
event research project, or portion of such a project, 
for which emergency procedures under this section 
are used, the Secretary concerned may use the pro-
cedures described in section 402.05 of title 50, Code 
of Federal Regulations, to comply with section 7 of 
the Endangered Species Act of 1973 (16 U.S.C. 
1536). At the conclusion of the consultation, the 
statement required by subsection (b)(4) of such sec-
tion shall be issued for any incidental taking that 
may occur under the project, which shall be effective 
beginning on the date the Secretary concerned initi-
ates action under the project and shall apply to all 
persons assisting or cooperating with the Secretary 
under the project. 
(2) OTHER
REQUIRED
CONSULTATION.—Any 
consultation required under other laws, such as the 
National Historic Preservation Act (16 U.S.C. 470 
et seq.), may proceed simultaneously with the design 
of a catastrophic event recovery project or cata-
strophic event research project, or portion of such a 
project, for which emergency procedures under this 
section are used. Results of consultation shall be im-
mediately incorporated into the project, to the extent 
feasible, practical, and consistent with the response, 
recovery, and rehabilitation objectives of the project.
(3) FEDERAL WATER POLLUTION CONTROL ACT 
COMPLIANCE.—Compliance with any applicable re-
quirements of the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.) may proceed simulta-
neously with the design of a catastrophic event re-
covery project or catastrophic event research project, 
or portion of such a project, for which emergency 
procedures under this section are used. 
(d) COMPLETION OF EMERGENCY PROCEDURES AND 
ISSUANCE OF DECISION DOCUMENT.—Not later than 90 
days after the date on which the Secretary concerned 
makes the determination under section 102(e) to develop 
and carry out a catastrophic event recovery project or cat-
astrophic event research project, or portion of such a 
project, using emergency procedures, the Secretary con-
cerned shall—
(1) complete the emergency procedures for that 
catastrophic event recovery project or catastrophic 
event research project, or portion thereof, under this 
section; and 
(2) issue a concise decision document that con-
tains the following: 
(A) The rationale for the agency decision. 
(B) An economic analysis and justification.
(C) An analysis of the environmental ef-
fects of the project and how such effects will be 
minimized or mitigated consistent with the ap-
plicable land and resource management plan. 
As part of this analysis, the Secretary con-
cerned shall consider, to the extent the Sec-
retary concerned determines appropriate, forest 
type or plant association group, standing- and 
down-dead wood, watershed, water quality, 
wildlife habitat, and soils applicable to the dam-
aged Federal land. 
(e) IMMEDIATE IMPLEMENTATION.—In the case of a 
catastrophic event recovery project or catastrophic event 
research project, or portion of such a project, for which 
the emergency procedures authorized by this section are 
used, the Secretary concerned shall implement the project, 
or portion of the project, immediately after the issuance 
of the decision document under subsection (d), subject 
only to the availability of funds for the project. 
(f) MONITORING.—To monitor a catastrophic event 
recovery project or catastrophic event research project, or 
portion of such a project, for which the emergency proce-
dures authorized by this section were used, the Secretary 
concerned may establish a third-party monitoring group, 
as determined to be appropriate by the Secretary.
SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) ADMINISTRATIVE REVIEW GENERALLY.—Except 
as provided in subsection (b), nothing in this title af-
fects—
(1) the notice, comment, and appeal require-
ments of section 322 of the Department of the Inte-
rior and Related Agencies Appropriations Act, 1993 
(Public 102–381; 16 U.S.C. 1612 note); and 
(2) section 215 of title 36, Code of Federal 
Regulations. 
(b) PREDECISIONAL ADMINISTRATIVE NOTICE, COM-
MENT, AND REVIEW.—
(1) INTERIM FINAL REGULATIONS.—Not later 
than 60 days after the date of the enactment of this 
Act, the Secretary of Agriculture shall promulgate 
interim final regulations to establish a predecisional 
administrative review process that will serve as the 
sole means by which—
(A) the Secretary of Agriculture will pro-
vide notice of and solicit comments regarding—
(i) the proposed use of a pre-approved 
management practice under section 104 on 
National Forest System land; and 
(ii) a catastrophic event recovery 
project or catastrophic event research 
project, or portion of such a project, for
which the emergency procedures under sec-
tion 105 are used on National Forest Sys-
tem land; and 
(B) a person can seek administrative re-
view regarding—
(i) the proposed use of a pre-approved 
management practice under section 104 on 
National Forest System land; and 
(ii) a catastrophic event recovery 
project or catastrophic event research 
project, or portion of such a project, for 
which the emergency procedures under sec-
tion 105 are used on National Forest Sys-
tem land. 
(2) PERIOD COVERED BY REVIEW PROCESS.—
The review portion of the predecisional administra-
tive review process described in paragraph (1)(B) 
shall occur during the period—
(A) beginning on the date on which the 
Secretary of Agriculture makes a determination 
to use pre-approved management practices or 
emergency procedures under section 102(e); 
and
(B) ending not later than the date of the 
issuance of applicable decision document under 
section 104 or 105. 
(3) EFFECTIVE DATE.—The interim final regu-
lations promulgated under paragraph (1) shall take 
effect on the date of promulgation of the regulations. 
(4) FINAL
REGULATIONS.—The Secretary of 
Agriculture shall promulgate final regulations to es-
tablish the predecisional administrative review proc-
ess described in paragraph (1) as soon as practicable 
after the interim final regulations have been promul-
gated and a reasonable period of time has been pro-
vided for public comment. 
(c) JUDICIAL REVIEW.—Section 106 of the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 6516) shall 
apply with respect to the implementation of a pre-ap-
proved management practice under section 104 or a cata-
strophic event recovery project or catastrophic event re-
search project regarding which the applicable administra-
tive review process has been exhausted. In any proceeding 
for judicial review of agency action under this subsection, 
attorney fees awarded to a prevailing party may not ex-
ceed the hourly rates established in section 3006A of title 
18, United States Code.
SEC. 107. GUIDANCE REGARDING REFORESTATION IN RE-
SPONSE TO CATASTROPHIC EVENTS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary concerned shall—
(1) standardize the collection, reporting, and re-
view procedures for data regarding more aggressive, 
expedited, and comprehensive reforestation in re-
sponse to catastrophic events by clarifying agency-
wide guidance and developing standard protocols for 
determining when and how reforestation can be best 
achieved as part of the response to catastrophic 
events; 
(2) clarify agency-wide guidance regarding re-
forestation in response to catastrophic events to en-
sure that such guidance is consistent with agency 
goals and budget constraints; and 
(3) clarify agency-wide guidance regarding the 
development, during the revision of a land and re-
source management plan, of goals and objectives for 
catastrophic event recovery to ensure that such guid-
ance addresses catastrophic event recovery objec-
tives, by forest type or plant association group, re-
lated to standing- and down-dead wood, soil and wa-
tershed protection, wildlife habitat, and other re-
source values.
SEC. 108. EFFECT OF TITLE. 
(a) USE OF OTHER AUTHORITIES.—Nothing in this 
title affects the use by the Secretary concerned of other 
statutory or administrative authority, including categor-
ical exclusions adopted to implement the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
to conduct a catastrophic event recovery project or cata-
strophic event research project, or portion of such a 
project, that is not conducted using the emergency proce-
dures authorized by section 105. 
(b) PREFERENCE FOR LOCAL OPERATORS.—In the 
manner provided in section 420 of the Department of the 
Interior, Environment, and Related Agencies Appropria-
tions Act, 2006 (Public Law 109–54; 119 Stat. 553), the 
Secretary concerned may give consideration to local con-
tractors in awarding a Federal contract to implement—
(1) a pre-approved management practice under 
section 104; or 
(2) a catastrophic event recovery project or cat-
astrophic event research project, or portions of such 
a project, for which the emergency procedures under 
section 105 are used. 
(c) ADVISORY COMMITTEES.—The Federal Advisory 
Committee Act (5 U.S.C. App.) and title XVIII of the 
Food and Agriculture Act of 1977 (7 U.S.C. 2281 et seq.) 
shall not apply to—
(1) the peer review provided by scientific and 
land management experts under section 101(b) or 
104(b); 
(2) the monitoring process under section 104(h) 
or 105(f); and 
(3) the preparation of a catastrophic event re-
covery evaluation or catastrophic event recovery pro-
posal. 
SEC. 109. STANDARDS FOR TREE RETENTION. 
(a) STANDING DEAD TREES AND DOWNED WOOD.—
In planning or conducting any catastrophic event recovery 
project or catastrophic event research project, the Sec-
retary concerned shall ensure that—
(1) standing dead tree and downed wood reten-
tion guidelines contained in the applicable land and 
resource management plan are applied; or 
(2) if the applicable land and resource manage-
ment plan does not contain standing dead tree and 
downed wood retention guidelines, adequate standing 
dead trees and downed wood of the oldest age class 
are retained in the project area—
(A) to provide habitat for associated spe-
cies through various stages of forest develop-
ment;
(B) to provide a long-term nutrient source; 
and 
(C) to retain, to the extent practicable and 
appropriate for forest type and plant associa-
tion group, the more decay-resistant species. 
(b) EXCEPTION.—Subsection (a) shall not apply if 
the Secretary concerned determines that science from 
land-grant colleges and universities or a Forest Service 
Research Station provides more appropriate standing dead 
tree and downed wood retention guidelines for a particular 
catastrophic event recovery project or catastrophic event 
research project. 
(c) PLAN AMENDMENT.—The Secretary concerned 
may amend a land and resource management plan to in-
corporate standing dead tree and downed wood retention 
guidelines, specific to forest type or plant association 
group.
TITLE 
II—RESTORING 
LAND-
SCAPES AND COMMUNITIES 
IMPACTED BY CATASTROPHIC 
EVENTS 
Subtitle A—Cooperative Forestry 
Assistance Act of 1978
SEC. 201. ASSISTANCE UNDER COOPERATIVE FORESTRY 
ASSISTANCE ACT OF 1978 TO RESTORE LAND-
SCAPES AND COMMUNITIES AFFECTED BY 
CATASTROPHIC EVENTS. 
(a) ASSISTANCE AUTHORIZED.—Section 10A of the 
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
2106c) is amended—
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) RESPONSE TO CATASTROPHIC EVENTS AFFECT-
ING NON-FEDERAL LANDS.—
‘‘(1) LANDSCAPE
ASSESSMENTS.—At the re-
quest of an eligible entity, the Secretary may cooper-
ate with the eligible entity in the preparation of a 
landscape assessment for non-Federal lands affected 
by a catastrophic event. The Secretary may combine 
the preparation of a landscape assessment with the
preparation of a catastrophic event recovery evalua-
tion under title I of the Forest Emergency Recovery 
and Research Act regarding Federal land in the vi-
cinity of the damaged non-Federal land. 
‘‘(2) COMMUNITY
ASSESSMENTS.—At the re-
quest of an eligible entity affected by a catastrophic 
event, the Secretary may cooperate with the eligible 
entity in the preparation of a community wildfire 
protection plan or related plan. 
‘‘(3) DECISION TO PROVIDE ASSESSMENT AS-
SISTANCE.—In response to the request of an eligible 
entity for assistance under paragraph (1) or (2), the 
Secretary shall make a decision, within 30 days after 
receiving the request, whether or not to provide such 
assistance. The decision rests in the sole discretion 
of the Secretary, but, if the Secretary rejects the re-
quest for assistance, the Secretary shall provide the 
eligible entity with an explanation of the reasons for 
the rejection. 
‘‘(4) TYPES
OF
ASSISTANCE.—The Secretary 
concerned may provide technical and financial cost-
share assistance to an eligible entity—
‘‘(A) to assist in the preparation of a land-
scape assessment under paragraph (1) or a 
community wildfire protection plan, community
assessment, or community action plan under 
paragraph (2); and 
‘‘(B) to implement special recovery projects 
identified in the landscape assessment or com-
munity wildfire protection plan, community as-
sessment, or community action plan. 
‘‘(5) SPECIAL
RECOVERY
PROJECTS.—Special 
recovery projects supported under paragraph (4)(B) 
may include projects involving—
‘‘(A) revegetation, tree planting, and other 
management practices the Secretary determines 
to be appropriate; 
‘‘(B) developing products from and mar-
kets for timber harvested in response to a cata-
strophic event and remaining forest resources; 
‘‘(C) training for the local populace for 
work in connection with catastrophic event re-
covery; 
‘‘(D) repair of forest roads, bridges, and 
trails and water supply areas affected by a cat-
astrophic event; and 
‘‘(E) such other activities as the Secretary 
determines to be necessary to undertake the 
special recovery project.
‘‘(6) 
ADDITIONAL
FUNDING
SOURCES.—
Amounts appropriated to the Secretary to carry out 
sections 8 and 10 may be used to provide assistance 
under this subsection. 
‘‘(7) DEFINITIONS.—In this subsection: 
‘‘(A) The term ‘eligible entity’ means a 
State Forester or equivalent State official, an 
Indian tribe, or local government. The term 
may include community-based organizations 
and other persons working in conjunction with 
a State Forester or equivalent State official, an 
Indian tribe, or local government. 
‘‘(B) The terms ‘catastrophic event’, ‘land-
scape assessment’, and ‘special recovery project’ 
have the meanings given those terms in section 
3 of the Forest Emergency Recovery and Re-
search Act. 
‘‘(C) The term ‘community wildfire protec-
tion plan’ has the meaning given that term in 
section 101(3) of the Healthy Forest Restora-
tion Act of 2003 (16 U.S.C. 6511(3)).’’. 
(b) CLERICAL AMENDMENT.—The heading of such 
section is amended by inserting before the period at the 
end the following: ‘‘AND RESPONSE TO CATASTROPHIC 
EVENTS’’.
Subtitle B—Department of the 
Interior Assistance 
SEC. 211. RESTORING LANDSCAPES. 
(a) LANDSCAPE ASSESSMENTS.—At the request of an 
eligible entity, the Secretary of the Interior may cooperate 
with the eligible entity in the preparation of a landscape 
assessment for non-Federal lands affected by a cata-
strophic event. The Secretary may combine the prepara-
tion of a landscape assessment with the preparation of a 
catastrophic event recovery evaluation under title I regard-
ing Federal land in the vicinity of the damaged non-Fed-
eral land. 
(b) DECISION
TO PROVIDE ASSESSMENT ASSIST-
ANCE.—In response to the request of an eligible entity for 
assistance under subsection (a), the Secretary of the Inte-
rior shall make a decision, within 30 days after receiving 
the request, whether or not to provide such assistance. 
The decision rests in the sole discretion of the Secretary, 
but, if the Secretary rejects the request for assistance, the 
Secretary shall provide the eligible entity with an expla-
nation of the reasons for the rejection. 
(c) TYPES OF ASSISTANCE.—The Secretary of the In-
terior may provide technical and financial cost-share as-
sistance to an eligible entity—