If the Secretary concerned elects to proceed with such
project in accordance with the procedures and standards
of such other law, within an area where a program pre-
pared pursuant to section 5(a) is in full effect, such
project shall be consistent with the purposes of this Act.
(g) PRIVATE LANDS.—Where non-Federal lands have
been included within areas designated under section
4(e)(1), the Secretary of Agriculture upon the request of
the landowner shall provide technical and cost-sharing as-
sistance in projects that are based on a forest management
plan that is consistent with the objectives of the program
developed under section 5.
SEC. 7. ANALYSIS AND REVIEW OF PROJECTS.
(a) METHOD FOR COMPLIANCE WITH NEPA.—In
light of the emergency situation surrounding the declara-
tion of a forest health emergency under section 4(a) and
the need to implement the accelerated program of forest
health improvement practices in a responsible and timely
manner pursuant to this Act, the Secretary concerned
shall comply with section 102(2) of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332(2)) in the
manner provided in this section.
(b) CONSISTENT WITH LAND MANAGEMENT PLAN
AND LAWS.—If a project developed under section 6 is con-
sistent with the long-term management goals and objec-
tives of the applicable land management plan, complies
with environmental laws, and requires documentation pur-
suant to section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)), the document
required shall be an environmental assessment prepared
pursuant to subparagraph (E) of such section 102(2).
(c) INCONSISTENT
WITH
LAND
MANAGEMENT
PLAN.—If a project developed under section 6 is not con-
sistent with the long-term management goals and objec-
tives of the applicable land management plan, but other-
wise complies with environmental laws, the Secretary con-
cerned shall propose the project as the basis for an amend-
ment to the land management plan in accordance with sec-
tion 6(f)(4) of the Forest and Rangeland Renewable Re-
sources Planning Act of 1974 (16 U.S.C. 1604(f)(4)) or
section 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1712), whichever applies. Any
such amendment shall not constitute a revision under sec-
tion 6 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1604) or section 202
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712).
(d) APPLICATION OF NEPA TO DECLARATIONS AND
PROGRAMS.—The declaration of a forest health emergency
under section 4(a), and the preparation of a forest health
improvement program, or any portion of a program, which
the Secretary concerned determines under section 5(d) to
be consistent with the long-term management goals and
objectives of the applicable land management plan and to
comply with environmental laws, shall not be subject to
section 102(2) of the National Environmental Policy Act
of 1969 (42 U.S.C. 4332(2)). Whenever the Secretary
concerned offers a program or portion of a program as
the basis for an amendment to a land management plan,
as provided in section 5(d), the program or portion shall
comply with such section 102(2) in the manner provided
by regulation for preparation of amendments to land man-
agement plans.
SEC. 8. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) EFFECT ON EXISTING LAW.—
(1) IN GENERAL.—Nothing in this Act shall
alter the comment, administrative appeal, or judicial
review rights and procedures provided by other laws
and available to the public upon enactment of this
Act concerning land management plans and actions.
(2) 
EFFECT
OF
NEW
ADMINISTRATIVE
STEPS.—The two new administrative steps estab-
lished in sections 4 and 5 of this Act provide two
new opportunities for public comment pursuant to
sections 4(b) and 5(c), must be consistent with exist-
ing land management plans or be subject to the
comment, administrative appeal, and judicial review
rights and procedures provided by law and regula-
tion for amendment and implementation of such
plans, and do not constitute final decisions on the
management of the Federal forest lands involved
and therefore are not subject to additional adminis-
trative review and are subject to judicial review pur-
suant to subsection (b).
(b) JUDICIAL REVIEW.—
(1) IN GENERAL.—Judicial review of a project
developed pursuant to section 6, any component of
a forest health improvement program developed pur-
suant to section 5 which relates specifically to such
project, or the declaration of emergency made pursu-
ant to section 4 as it relates specifically to the Fed-
eral forest lands on which the project would occur
may be sought in accordance with this subsection.
(2) TIME FOR FILING.—Any petition for judi-
cial review under this subsection shall be filed within
45 days after the date of the publication of the deci-
sion document prepared with respect to the project,
or the petition shall be barred.
(3) SUBSEQUENT APPEAL.—Any appeal from a
final decision of the district court in a judicial review
proceeding under this subsection shall be filed within
30 days after such final decision.
(4) SPECIAL PROCEDURES.—In order to ensure
decisions are reached consistent with the time peri-
ods specified in paragraph (5), the court may set
rules governing the procedures of any judicial review
proceeding under this subsection which set page lim-
its on briefs and time limits on filing briefs and mo-
tions and other actions which are shorter than the
limits specified in the Federal rules of civil or appel-
late procedure.
(5) RECOMMENDED TIME PERIOD FOR JUDG-
MENT.—The courts shall expeditiously render their
final decision in any judicial review proceeding under
this subsection. The district court shall make every
effort to render its final decision relative to any ac-
tion within 60 days from the date such action is
filed, and the court of appeals shall make every ef-
fort to render its final decision relative to any appeal
within 90 days from the date such appeal is filed.
(6) USE
OF
SPECIAL
MASTER.—In order to
promptly reach a decision in a case filed under this
subsection, a district court may assign all or part of
the case to one or more Special Masters for prompt
review and recommendations to the court.
SEC. 9. LANDS EXCLUDED FROM TREATMENT UNDER A
PROGRAM.
(a) EXCLUDED LANDS.—The Secretary concerned
may not plan or implement a project under section 6 with
respect to any Federal forest lands located in an area
within the National Wilderness Preservation System, Re-
search Natural Area, other area formally withdrawn from
timber production by law, roadless area designated by
Congress for wilderness study, or roadless area rec-
ommended by the Forest Service or the Bureau of Land
Management for wilderness.
(b) NO EFFECT ON WILDERNESS MANAGEMENT.—
Nothing in this Act shall affect authorities for wilderness
management granted to the Secretary concerned under
provisions of existing law, such as the Wilderness Act of
1964 (16 U.S.C. 1131 et seq.).
SEC. 10. ANNUAL FOREST HEALTH REPORT.
(a) REPORT REQUIRED.—The Secretary of Agri-
culture, in consultation with the Secretary of the Interior,
shall prepare an annual Forest Health Report to evaluate
the overall health of forest lands in the United States.
(b) CONTENT OF REPORT.—Each report required by
subsection (a) shall include the results of the long-term
forest health monitoring program authorized by section 8
of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2104) in those States in which the monitoring pro-
gram has been implemented. The report shall also con-
tain—
(1) quantitative and qualitative data on the
health of Federal forest lands;
(2) a description of the actions taken during
the period covered by the report within the Sec-
retary’s available funding and authorities (including
reprogramming actions); and
(3) any additional funding needs and authori-
ties necessary to restore the health of the forest eco-
system.
(c) INFORMATION ON EMERGENCY PROGRAM.—Each
report required by subsection (a) shall include information
regarding the status of forest health improvement pro-
grams developed under section 5. The report shall list all
Federal forest lands subject to a declaration of forest
health emergency, and the rationale for decisions made to
include or exclude other lands during the period covered
by the report. With respect to Federal forest lands covered
by a program established pursuant to section 5, the report
shall include—
(1) the current extent and status of the condi-
tions and risks that provided the basis for the emer-
gency inclusion;
(2) the improvement actions being taken to
mitigate those conditions;
(3) the estimated impact, in terms of changed
conditions or risks, resulting from the actions being
taken;
(4) the acres treated to date relative to total
acres planned and requiring treatment;
(5) funding needs in future years to satisfac-
torily address the conditions; and
(6) additional authorities, if any, needed to
carry out the purpose of this Act.
(d) SUBMISSION OF REPORT.—The report required
by subsection (a) shall be completed not later than Decem-
ber 31 of each year and shall cover conditions and activi-
ties during the previous fiscal year. The Secretary of Agri-
culture shall submit the report upon completion to the
Committee on Agriculture and the Committee on Interior
and Insular Affairs of the House of Representatives, and
to the Committee on Agriculture, Nutrition, and Forestry
and the Committee on Energy and Natural Resources of
the Senate.
SEC. 11. NATIONAL COMMISSION ON WILDFIRE DISASTERS.
(a) EXTEND
DEADLINE
FOR
REPORT.—Section
103(c) of the Wildfire Disaster Recovery Act of 1989 (16
U.S.C. 551 note) is amended by striking ‘‘December 1,
1991’’ and inserting ‘‘December 1, 1993’’.
(b) ELEMENT OF STUDY.—Section 103 of such Act
is amended by adding at the end the following new sub-
section:
‘‘(d) FOREST HEALTH MANAGEMENT.—In the study
required by this section, the Commission shall also con-
sider the potential costs and benefits of managing forest
ecosystems for improved forest health as a means of re-
ducing the risk of catastrophic wildfires while allowing in-
creased usage of management tools, such as prescribed
fire.’’.
(c) FEDERAL FUNDING.—Section 105 of such Act is
amended by striking subsection (b) and inserting the fol-
lowing new subsection (b):
‘‘(b) USE OF DEPARTMENT FUNDS.—Upon the ap-
proval by the Secretary of Agriculture and the Secretary
of the Interior of a plan of study and budget of the Com-
mission, the Secretary of Agriculture may provide funds
to the Commission from general operating funds of the
Department of Agriculture and the Secretary of the Inte-
rior may provide funds to the Commission from general
operating funds of the Department of the Interior.’’.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out the provisions of this
Act.
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