I
105TH CONGRESS
1ST SESSION
H. R. 2458
To provide new authority to the Secretary of Agriculture and the Secretary
of the Interior to safeguard communities, lives, and property from cata-
strophic wildfire by eliminating hazardous fuels buildup, and to undertake
other forest management projects to protect noncommodity resources,
on Federal lands where wildlands abut, or are located in close proximity
to, urban areas.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 11, 1997
Mrs. CHENOWETH (for herself, Mr. HERGER, and Mr. BOB SCHAFFER of Col-
orado) introduced the following bill; which was referred to the Committee
on Agriculture, and in addition to the Committee on Resources, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the commit-
tee concerned
A BILL
To provide new authority to the Secretary of Agriculture
and the Secretary of the Interior to safeguard commu-
nities, lives, and property from catastrophic wildfire by
eliminating hazardous fuels buildup, and to undertake
other forest management projects to protect noncommod-
ity resources, on Federal lands where wildlands abut,
or are located in close proximity to, urban areas.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Community Protection and Hazardous Fuels Reduction
Act of 1997’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
TITLE I—MANAGEMENT OF WILDLAND/URBAN INTERFACE
AREAS
Sec. 101. Identification of wildland/urban interface areas.
Sec. 102. Contracting to reduce hazardous fuels and undertake forest manage-
ment projects in wildland/urban interface areas.
Sec. 103. Monitoring requirements.
Sec. 104. Reporting requirements.
Sec. 105. Termination of authority.
TITLE II—FIRE DANGER REDUCTION BY REMOVAL OF
GRASSES AND FORBS
Sec. 201. Removal of excess levels of grasses and forbs.
TITLE III—MISCELLANEOUS PROVISIONS
Sec. 301. Regulations.
Sec. 302. Authorization of appropriations.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) Management of Federal lands has been
characterized by large cyclical variations in fire sup-
pression policies, timber harvesting levels, and the
attention paid to commodity and noncommodity val-
ues.
(2) Forests on Federal lands are experiencing
significant disease epidemics and insect infestations.
(3) The combination of inconsistent manage-
ment and natural effects has resulted in a hazardous
fuels buildup on Federal lands that threatens cata-
strophic wildfire.
(4) While the long-term effect of catastrophic
wildfire on forests and forest systems is a matter of
debate, there should be no question that catastrophic
wildfire must be prevented in areas of the Federal
lands where wildlands abut, or are located in close
proximity to, communities, residences, and other pri-
vate and public facilities on non-Federal lands.
(5) Wildfire resulting from hazardous fuels
buildup in such wildland/urban interface areas
threatens the destruction of communities, puts
human life and property at risk, threatens commu-
nity water supplies with erosion that follows wildfire,
destroys wildlife habitat, and damages ambient air
quality.
(6) The Secretary of Agriculture and the Sec-
retary of the Interior must assign a high priority
and undertake aggressive management to achieve
the elimination of hazardous fuel buildup and reduc-
tion of the risk of wildfire to the wildland/urban
interface areas on Federal lands. Protection of
human life and property, including water supplies
and ambient air quality, must be given the highest
priority.
(7) The noncommodity resources, including ri-
parian zones and wildlife habitats, in wildland/urban
interface areas on Federal lands which must be pro-
tected to provide recreational opportunities, clean
water, and other amenities to neighboring commu-
nities and the public suffer from a backlog of un-
funded forest management projects designed to pro-
vide such protection.
(8) In a period of fiscal austerity characterized
by shrinking budgets and personnel levels, Congress
must provide the Secretary of Agriculture and the
Secretary of the Interior with innovative tools to ac-
complish the required reduction in hazardous fuels
buildup and undertake other forest management
projects in the wildland/urban interface areas on the
Federal lands at least cost.
(b) PURPOSE.—The purpose of this Act is to provide
new authority and innovative tools to the Secretary of Ag-
riculture and the Secretary of the Interior to safeguard
communities, lives, and property by reducing or eliminat-
ing the threat of catastrophic wildfire, and to undertake
needed forest management projects, in wildland/urban
interface areas on Federal lands.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) FEDERAL
LANDS.—The term ‘‘Federal
lands’’ means—
(A) federally managed lands administered
by the Bureau of Land Management under the
Secretary of the Interior; and
(B) federally managed lands administered
by the Secretary of Agriculture.
(2) FOREST
MANAGEMENT
PROJECT.—The
term ‘‘forest management project’’ means a project,
including riparian zone enhancement, habitat im-
provement, forage removal by livestock grazing or
mechanical means, and soil stabilization or other
water quality improvement project, designed to pro-
tect one or more noncommodity resources on or in
close proximity to Federal lands.
(3) LAND
MANAGEMENT
PLAN.—The term
‘‘land management plan’’ means the following:
(A) With respect to Federal lands de-
scribed in paragraph (1)(A), a land use plan
prepared by the Bureau of Land Management
pursuant to section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1712), or other multiple-use plan currently in
effect.
(B) With respect to Federal lands de-
scribed in paragraph (1)(B), a land and re-
source management plan (or if no final plan is
in effect, a draft land and resource manage-
ment plan) prepared by the Forest Service pur-
suant to section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16
U.S.C. 1604).
(4) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means—
(A) with respect to the Federal lands de-
scribed in paragraph (1)(A), the Secretary of
the Interior; and
(B) with respect to the Federal lands de-
scribed in paragraph (1)(B), the Secretary of
Agriculture.
(5) WILDLAND/URBAN INTERFACE AREA.—The
term ‘‘wildland/urban interface area’’ means an area
of Federal land in close proximity to communities
and human habitations, such as homes, cabins, and
other property.
(6) CONGRESSIONAL COMMITTEES.—The term
‘‘congressional committees’’ means the Committee
on Resources and the Committee on Agriculture of
the House of Representatives and the Committee on
Energy and Natural Resources and the Committee
on Agriculture, Nutrition, and Forestry of the Sen-
ate.
(7) HAZARDOUS
FUELS
BUILDUP.—The term
‘‘hazardous fuels buildup’’ means an accumulation of
forage, woody debris, and predominantly dead and
dying timber that has the likelihood of igniting.
TITLE 
I—MANAGEMENT 
OF
WILDLAND/URBAN 
INTER-
FACE AREAS
SEC. 101. IDENTIFICATION OF WILDLAND/URBAN INTER-
FACE AREAS.
(a) ANNUAL IDENTIFICATION.—On or before Sep-
tember 30 of each year, each District Manager of the Bu-
reau of Land Management and each Forest Supervisor of
the Forest Service shall identify those areas on Federal
lands within the jurisdiction of the District Manager or
Forest Supervisor that the District Manager or Forest Su-
pervisor determines—
(1) meet the definition of wildland/urban inter-
face areas; and
(2) have hazardous fuels buildups and other
forest management needs that warrant the use of
forest management projects as provided in section
102.
(b) TREATMENT
OF IDENTIFICATION PROCESS.—
The identification of wildland/urban interface areas under
subsection (a) that have hazardous fuels buildups and
other forest management needs that warrant the use of
forest management projects as provided in section 102
shall not be considered to be agency action for purposes
of paragraph (2)(A) or (2)(E) of section 102 of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C.
4332).
SEC. 102. CONTRACTING TO REDUCE HAZARDOUS FUELS
AND 
UNDERTAKE 
FOREST 
MANAGEMENT
PROJECTS IN WILDLAND/URBAN INTERFACE
AREAS.
(a) CONTRACTING AUTHORITY.—
(1) IN GENERAL.—The Secretary concerned is
authorized to enter into contracts under this section
for the sale of forest products in a wildland/urban
interface area identified under section 101 for the
purpose of reducing hazardous fuels buildups in the
area.
(2) INCLUSION
OF
FOREST
MANAGEMENT
PROJECTS.—Subject to paragraph (3), the Secretary
concerned may require, as a condition of any sale of
forest products referred to in paragraph (1), that
the purchaser of such products undertake one or
more forest management projects in the wildland/
urban interface area.
(3) CONDITIONS
ON
INCLUSION.—The Sec-
retary concerned may include a forest management
project as a condition in a contract for the sale of
forest products referred to in paragraph (1) only
when the Secretary determines that—
(A) the forest management project is con-
sistent with the applicable land management
plan; and
(B) the objectives of the forest manage-
ment project can be accomplished most cost ef-
ficiently and effectively when the project is per-
formed as part of the sale contract.
(b) FINANCING AND SUPPLEMENTAL FUNDING.—
(1) FOREST MANAGEMENT CREDITS.—The fi-
nancing of a forest management project required as
a condition of a contract for a sale authorized by
subsection (a) shall be accomplished through the in-
clusion in the contract of a provision for amortiza-
tion of the cost of the forest management project
through the issuance of forest management credits
to the purchaser. Such forest management credits
shall offset the cost of the required forest manage-
ment project against the purchaser’s payment for
forest products.
(2) USE OF APPROPRIATED FUNDS.—The Sec-
retary concerned may use appropriated funds to as-
sist the purchaser to undertake a forest management
project required as a condition of a contract author-
ized by subsection (a) if such funds are provided
from the resource function or functions that directly
benefit from the performance of the project and are
available from the annual appropriation for such
function or functions during the fiscal year in which
the sale is offered. The amount of assistance to be
provided for each forest management project shall be
included in the prospectus, and published in the ad-
vertisement, for the sale.
(c) DETERMINATION
OF
FOREST
MANAGEMENT
CREDITS.—Prior to the advertisement of a sale authorized
by subsection (a), the Secretary concerned shall determine
the amount of forest management credits to be allocated
to each forest management project to be required as a con-
dition of the sale contract. A description of the forest man-
agement project, and the amount of the forest manage-
ment credits allocated to the project, shall be included in
the prospectus, and published in the advertisement, for the
sale.
(d) TRANSFER
OF FOREST MANAGEMENT CRED-
ITS.—The Secretary concerned may permit a purchaser
that holds forest management credits earned by the pur-
chaser as part of a sale authorized by subsection (a), but
not used in connection with that sale, to transfer the forest
management credits to another sale authorized by sub-
section (a) if—
(1) the subsequent sale is also purchased by
that purchaser; and
(2) the sale parcel is located on Federal lands
under that Secretary’s jurisdiction.
(e) TREATMENT OF FOREST MANAGEMENT CREDITS
AS MONEYS RECEIVED.—
(1) BUREAU OF LAND MANAGEMENT LANDS.—
In the case of Federal lands described in section
3(1)(A), all amounts earned by or allowed to any
purchaser of a sale authorized by subsection (a) in
the form of forest management credits shall be con-
sidered to be money received for purposes of title II
of the Act of August 28, 1937 (50 Stat. 875; 43
U.S.C. 1181f), the first section of the Act of May
24, 1939 (53 Stat. 753; 43 U.S.C. 1181f–1), or
other applicable law concerning the distribution of
receipts from the sale of forest products on such
lands.
(2) FOREST SYSTEM LANDS.—In the case of
Federal lands described in section 3(1)(B), all
amounts earned by or allowed to any purchaser of
a sale authorized by subsection (a) in the form of
forest management credits shall be considered to be
money received for purposes of the sixth paragraph
under the heading ‘‘FOREST SERVICE’’ in the Act
of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500) and
section 13 of the Act of March 1, 1911 (36 Stat.
963; commonly known as the Weeks Act; 16 U.S.C.
500).
(f) COST CONSIDERATIONS.—Because of the strong
concern for the safety of human life and property and the
protection of water quality, air quality, and wildlife habi-
tat, a sale authorized by subsection (a) shall not be pre-
cluded because the costs of the sale may exceed the reve-
nues derived from the sale, nor shall such sales be consid-
ered in any calculations concerning the revenue effects of
the forest products sales program for the Federal lands
or units of the Federal lands.
(g) OTHER REQUIREMENTS.—Nothing in this title
shall be construed to require or authorize any alteration
in the procedures or requirements for sales of forest prod-
ucts otherwise authorized by law, including the applicable
provisions of the small business set-aside program.
SEC. 103. MONITORING REQUIREMENTS.
The Secretary concerned shall monitor the prepara-
tion and offering of contracts, and the performance of for-
est management projects, pursuant to section 102 to de-
termine the effectiveness of such contracts and forest
management projects in achieving the purpose of this Act.
SEC. 104. REPORTING REQUIREMENTS.
(a) ANNUAL REPORT.—Not later than 90 days after
the end of each full fiscal year in which contracts are en-
tered into under section 102, the Secretary concerned shall
submit to the congressional committees a report, which
shall provide for the Federal lands within the jurisdiction
of the Secretary concerned the following:
(1) A list of the wildland/urban interface areas
identified on or before September 30 of the previous
fiscal year pursuant to section 101.
(2) A summary of all contracts entered into,
and all forest management projects performed, pur-
suant to section 102 during the preceding fiscal
year;
(3) A discussion of any delays in excess of three
months encountered during the preceding fiscal year,
and likely to occur in the fiscal year in which the re-
port is submitted, in preparing and offering the
sales, and in performing the forest management
projects, pursuant to section 102.
(4) The results of the monitoring required by
section 103 of the contracts authorized, and the for-
est management projects performed, pursuant to
section 102.
(5) Any anticipated problems in the implemen-
tation of this title.
(b) FOUR YEAR REPORT.—The fourth report pre-
pared by the Secretary concerned under subsection (a)
shall contain, in addition to the matters required by sub-
section (a), the following:
(1) An assessment by the Secretary concerned
regarding whether the contracting authority pro-
vided in section 102 should be reauthorized beyond
the period specified in section 105(a).
(2) If reauthorization is warranted, such rec-
ommendations as the Secretary concerned considers
appropriate regarding changes in such authority to
better achieve the purpose of this Act.
SEC. 105. TERMINATION OF AUTHORITY.
(a) TERMINATION DATE.—The authority of the Sec-
retary concerned to offer sales of forest products pursuant
to section 102, and to require the purchasers of such prod-
ucts to undertake forest management projects as a condi-
tion of such sales, shall terminate at the end of the five-
fiscal year beginning on the first October 1st occurring
after the date of the enactment of this Act.
(b) EFFECT ON EXISTING SALES.—Any contract for
a sale of forest products pursuant to section 102 entered
into before the end of the period specified in subsection
(a), and still in effect at the end of such period, shall re-
main in effect after the end of such period pursuant to
the terms of the contract.
(c) EFFECT ON EXISTING FOREST MANAGEMENT
CREDITS.—If any forest management credits from a sale
of forest products pursuant to section 102 are not used
before the end of the period specified in subsection (a),
and no law providing authority to offer sales pursuant to
section 102 after such period is enacted by Congress, such
credits may be used after such period in any sale of forest
products that is authorized by another law, is purchased
by the purchaser of the sale in which the credits were
earned, and is conducted by the Secretary concerned who
had jurisdiction over the sale in which the credits were
earned.
TITLE II—FIRE DANGER REDUC-
TION 
BY 
REMOVAL 
OF
GRASSES AND FORBS
SEC. 201. REMOVAL OF EXCESS LEVELS OF GRASSES AND
FORBS.
(a) CONTRACTING AUTHORITY.—Whenever a county
commission or other unit of local government certifies to
the Secretary concerned that there is a danger of fire in
a wildland/urban interface area as a result of excessive lev-
els of grasses and forbs on Federal lands in the area and
requests the removal of the excessive grasses and forbs,
the Secretary is authorized and encouraged to enter into
contracts with livestock operators or other parties for the
removal of the excessive grasses and forbs.
(b) REMOVAL METHODS.—In the case of a contract
under subsection (a) with a livestock operator, the opera-
tor shall use grazing to remove the excessive grasses and
forbs. In the case of contracts with other persons, mechan-
ical means, such as discing or mechanical mowing, shall
be used.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out this section.
TITLE III—MISCELLANEOUS
PROVISIONS
SEC. 301. REGULATIONS.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary concerned shall prescribe
such regulations as are necessary and appropriate to im-
plement this Act.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each of
the first five fiscal years beginning after the date of the
enactment of this Act such sums as may be necessary to
carry out this Act.
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