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 Inte-
rior 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 deter-
mined 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 expe-
dite forest management projects relating to hazardous 
fuels reduction, forest restoration, and forest health. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘California Catastrophic Wildfire Prevention and Commu-
nity Protection Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
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. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) Forested lands under the jurisdiction of the 
Forest Service and Bureau of Land Management in 
California have grown into a state of unnatural den-
sity and structure. 
(2) Overgrown forest conditions, in combination 
with continued drought and other climatic cir-
cumstances, have left these forests at extreme risk 
to insects, disease, and catastrophic wildfire. 
(3) The risk of catastrophic wildfire presents a 
very real threat to the health and safety of individ-
uals and communities in the wildland-urban inter-
face as well as to the property of adjacent private 
landowners. 
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(4) The catastrophic, stand-replacing fires that 
are occurring with increasing frequency as a result 
of the forest conditions described in paragraph (2), 
pose a threat to the health of lands, watersheds, 
wildlife, air quality and the environment. 
(5) Local communities and interests are willing 
to work collaboratively to assure seamless protection 
from catastrophic wildfire and to improve forest 
health across public and private lands. 
(6) The Federal Government, particularly the 
Forest Service and Bureau of Land Management, 
must address these conditions at the appropriate an-
nual pace and scale needed across the landscape to 
have a substantial impact in reducing natural dis-
turbances. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AT-RISK COMMUNITY.—The term ‘‘at-risk 
community’’ has the meaning given that term in 
Section 101 of the Healthy Forests Restoration Act 
of 2003 (16 U.S.C. 6511). 
(2) AT-RISK WATERSHED.—The term ‘‘at-risk 
watershed’’ means a watershed— 
(A) where there exists a high risk of losing 
key ecosystem, wildlife, and watershed compo-
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nents to severe fire, including post-fire disturb-
ances, as documented by the Secretary con-
cerned; and 
(B) where there are— 
(i) Federal lands in condition class II 
or III, as developed by the Forest Service 
Rocky Mountain Research Station in the 
general technical report titled ‘‘Develop-
ment of Coarse-Scale Spatial Data for 
Wildland Fire and Fuel Management’’ 
(RMRS–87) and dated April 2000 (includ-
ing any subsequent revision to the report); 
or 
(ii) private lands that are located in a 
‘‘Very High Fire Hazard Severity Zone’’, 
as determined by the California State Fire 
Marshal. 
(3) 
COMMUNITY
WILDFIRE
PROTECTION 
PLAN.—The term ‘‘community wildfire protection 
plan’’ has the meaning given that term in Section 
101 of the Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6511). 
(4) COUNTY
FIRE
PLAN.—The term ‘‘county 
fire plan’’ means a plan developed similarly to a 
community wildfire protection plan with an annual 
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mitigation strategy developed through a collaborative 
effort and formally adopted by the Board of Super-
visors of the county in which the forest lands cov-
ered by the plan are located. 
(5) COVERED FOREST LANDS.— 
(A) INCLUDED
LANDS.—The term ‘‘cov-
ered forest lands’’ means— 
(i) National Forest System lands in 
California; and 
(ii) Public land in California adminis-
tered by the Secretary of the Interior 
through the Bureau of Land Management. 
(B) EXCLUDED LAND.—The term does not 
include land that is a component of the Na-
tional Wilderness Preservation System or other 
Federal land (other than inventoried roadless 
areas and wilderness study areas) in which the 
removal of vegetation is specifically prohibited 
by Federal law. 
(6) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ means the measures and methods included 
in a project carried out on covered forest lands by 
the Secretary concerned for hazardous fuels reduc-
tion, forest health, and forest restoration. 
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(7) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) The Secretary of Agriculture, in the 
case of National Forest System lands; and 
(B) The Secretary of the Interior, in the 
case of public land administered by the Sec-
retary of the Interior through the Bureau of 
Land Management. 
SEC. 4. PROJECT AUTHORITY CONSISTENT WITH COMMU-
NITY WILDFIRE PROTECTION PLAN. 
The Secretary concerned shall carry out eligible 
projects on covered forest lands that are within or adja-
cent to an at-risk community or an at-risk watershed if 
the eligible project is consistent with the applicable com-
munity wildfire protection plan or county fire plan. 
SEC. 5. ELEMENTS OF ELIGIBLE PROJECTS. 
Eligible projects on covered forest lands shall be car-
ried out in a cost-effective manner that— 
(1) focuses on surface, ladder, and canopy fuels 
reduction activities; or 
(2) implements forest restoration activities in 
response to severe fire, insect, or disease infestation, 
windthrow, or other extreme weather events or nat-
ural disasters. 
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SEC. 6. ENVIRONMENTAL ANALYSIS. 
(a) GENERAL RULE OF PROPOSED ACTION AND NO 
ACTION ALTERNATIVE.—The Secretary concerned shall 
prepare an environmental assessment or an environmental 
impact statement pursuant to section 102(2) of the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)) for each proposed eligible project. The Secretary 
concerned shall study, develop, and describe the proposed 
action and the alternative of no action. Except as provided 
in subsection (b), the Secretary concerned is not required 
to study, develop, or describe any alternative actions to 
the proposed agency action. 
(b) 
CONSIDERATION
OF
ALTERNATIVE
REC-
OMMENDATION.—The Secretary concerned shall evaluate 
and consider an alternative recommendation submitted by 
the county in which a proposed eligible project is to be 
carried out if the county determines that the proposed eli-
gible project is or may be inconsistent with its community 
wildfire protection plan. The Secretary shall publish the 
evaluation and consideration of the alternative rec-
ommendation in the environmental assessment or environ-
mental impact statement prepared pursuant to section 
102(2) of the National Environmental Policy Act of 1969 
(42 U.S.C. 4332(2)) for the proposed eligible project. 
(c) EFFECT OF COUNTY EMERGENCY.— 
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(1) COUNCIL ON ENVIRONMENTAL QUALITY.— 
Pursuant to Section 1506.11 of title 40, Code of 
Federal Regulations, the Secretary concerned shall 
request the Council on Environmental Quality to de-
velop and approve alternative arrangements for a 
proposed eligible project if the county in which the 
proposed eligible project is to be carried out, in con-
sultation with the Director of the California Depart-
ment of Forestry and Fire Protection, declares— 
(A) a state of emergency; or 
(B) the existence of a dangerous nuisance 
to public safety, welfare, infrastructure, water-
sheds, wildlife habitat, or other vital assets due 
to the accumulation of forest fuels and the as-
sociated risk of extreme fire on covered forest 
lands. 
(2) MANDATORY
INFORMATION.—When re-
questing alternative arrangements under paragraph 
(1), the Secretary concerned shall transmit to the 
Council on Environmental Quality the following in-
formation: 
(A) A description of the proposed eligible 
project. 
(B) The condition of forest fuels within or 
near the proposed eligible project. 
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(C) The threat to public safety, welfare, in-
frastructure, watersheds, wildlife habitat, or 
other vital assets due to the accumulation of 
forest fuels and the associated risk of extreme 
fire that the proposed eligible project is to re-
lieve. 
(D) The degree to which delaying the im-
plementation of the proposed eligible project 
will increase the risk of serious harm to public 
safety, welfare, infrastructure, watersheds, wild-
life habitat, or other vital assets due to the ac-
cumulation of forest fuels and the associated 
risk of extreme fire. 
(E) Any other information the Secretary 
concerned determines relevant. 
(3) FURTHER INFORMATION.—At the request 
of either the county in which the eligible project is 
to be carried out or the Director of the California 
Department of Forestry and Fire Protection, the 
Secretary concerned shall transmit to the Council on 
Environmental Quality information provided to the 
Secretary concerned by the State or county con-
cerning the threat to public safety, welfare, infra-
structure, watersheds, wildlife habitat, or other vital 
assets due to the accumulation of forest fuels and 
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the associated risk of extreme fire that the proposed 
eligible project is to relieve. 
(4) DEADLINE
FOR
ALTERNATIVE
ARRANGE-
MENTS.—Not later than 15 days after receipt of a 
request under paragraph (1) for approval of alter-
native arrangements for a proposed eligible project, 
the Council on Environmental Quality shall submit 
to the Secretary concerned either the alternative ar-
rangements for the eligible project or a statement 
explaining why the alternative arrangements are de-
nied. If the Council on Environmental Quality fails 
to comply with such deadline or denies alternative 
arrangements, the Secretary concerned shall proceed 
immediately and to completion on the proposed eligi-
ble project notwithstanding any other provision of 
law including, but not limited to, the National Envi-
ronmental Policy Act and the National Forest Man-
agement Act (16 U.S.C. 1601 et seq.). Such actions 
shall also not be subject to the notice, comment, and 
appeal requirements of the Appeals Reform Act, (16 
U.S.C. 1612 (note), Pub. Law No. 102–381 Sec. 
322). Any action authorized by this subsection shall 
not be subject to judicial review by any court of the 
United States. 
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SEC. 7. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) ADMINISTRATIVE REVIEW.—Administrative re-
view of eligible projects shall occur in accordance with the 
special administrative review process established under 
section 105 of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6515). 
(b) JUDICIAL REVIEW.—Judicial review of eligible 
projects shall occur in accordance with section 106 of the 
Healthy Forests Restoration Act of 2003 (16 U.S.C. 
6516). 
SEC. 8. ACCEPTANCE AND USE OF FUNDS OR IN-KIND 
SERVICES. 
The Secretary concerned may accept and use funds 
or in-kind services from any public or private entity to 
assist carrying out eligible projects under this Act. 
SEC. 9. REPORT. 
The Secretary concerned shall submit to the Com-
mittee on Natural Resources of the House of Representa-
tives and the Committee on Energy and Natural Re-
sources of the Senate an annual report describing all eligi-
ble projects conducted under this Act. 
Æ 
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