I 
109TH CONGRESS 
1ST SESSION H. R. 4200 
To improve the ability of the Secretary of Agriculture and the Secretary 
of the Interior to promptly implement recovery treatments in response 
to catastrophic events affecting Federal lands under their jurisdiction, 
including the removal of dead and damaged trees and the implementation 
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. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 2, 2005 
Mr. WALDEN of Oregon (for himself, Mr. BAIRD, Mr. GILCHREST, Ms. 
HERSETH, Mr. FLAKE, Mr. THOMPSON of Mississippi, Mr. PETERSON of 
Pennsylvania, Mr. BOYD, Mr. PICKERING, Mr. OBERSTAR, Mr. SHADEGG, 
Mr. BERRY, Mr. WICKER, Mr. LEWIS of California, Mr. ROSS, Mr. 
HASTINGS of Washington, Mr. PETERSON of Minnesota, Mr. GOOD-
LATTE, Mr. TERRY, Mr. POMBO, Mr. JINDAL, Mrs. DRAKE, Mr. OTTER, 
Mr. NORWOOD, Mr. DUNCAN, Mr. REHBERG, Mr. HAYWORTH, Mr. ROG-
ERS of Michigan, Mr. PEARCE, Mr. GIBBONS, Mr. DEAL of Georgia, Mrs. 
CUBIN, Mr. CANNON, Mr. BROWN of South Carolina, Miss MCMORRIS, 
Mr. TAYLOR of North Carolina, Mr. RADANOVICH, Mr. SIMPSON, Mr. 
RENZI, Mr. YOUNG of Alaska, Mr. MCCRERY, Mr. GOHMERT, Mr. 
HAYES, Mr. HERGER, Mr. HEFLEY, Mr. DOOLITTLE, Mr. BONNER, Mr. 
TANCREDO, Mr. BOEHNER, Mr. BRADY of Texas, Mr. BISHOP of Utah, 
Ms. FOXX, Mr. ISSA, Mr. HUNTER, Mr. MCKEON, Mr. BURGESS, Mr. 
CALVERT, Mr. ALEXANDER, Mr. COLE of Oklahoma, Mr. BARTLETT of 
Maryland, Mr. GOODE, Mr. GUTKNECHT, Mr. SHERWOOD, Mr. HOEK-
STRA, Mrs. BLACKBURN, Mr. WILSON of South Carolina, Mr. ROHR-
ABACHER, Mr. KNOLLENBERG, Mr. NUNES, Mr. SESSIONS, Mr. 
GINGREY, Mr. BARTON of Texas, Ms. GRANGER, Mr. REYNOLDS, Mr. 
TIAHRT, Mr. BLUNT, Mr. KINGSTON, Mr. CANTOR, Mr. BEAUPREZ, Mr. 
WHITFIELD, Mr. EVERETT, Mr. PLATTS, Mr. BOOZMAN, Mrs. 
MUSGRAVE, Mr. SOUDER, Mr. SAXTON, Mr. PUTNAM, Mr. LINDER, Mr. 
ENGLISH of Pennsylvania, Mr. THOMAS, Mr. CULBERSON, Mr. BASS, Mr. 
JONES of North Carolina, Mr. ROGERS of Kentucky, Mr. BARRETT of 
South Carolina, Mr. DAVIS of Kentucky, Mr. WAMP, Mr. LEWIS of Ken-
tucky, and Mr. DANIEL E. LUNGREN of California) introduced the fol-
lowing bill; which was referred to the Committee on Resources, and in 
addition to the Committees on Agriculture and Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
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 alternative arrangements. 
Sec. 106. Administrative and judicial review.
Sec. 107. Guidance regarding reforestation in response to catastrophic events. 
Sec. 108. Effect of title. 
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. Availability and use of alternative arrangements for projects on Na-
tional Forest experimental forests. 
TITLE IV—GENERAL PROVISIONS 
Sec. 401. Regulations. 
Sec. 402. Funding sources. 
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) Alternative arrangements approved by the 
Council on Environmental Quality have been used on 
an inconsistent basis 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 losses 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 determines has caused or will cause dam-
age of significant severity and magnitude to Federal 
land or, in the case of title II, non-Federal land. A 
natural disaster may include a hurricane, 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 of the 
damaged Federal land in response to the cata-
strophic event using, to the extent practicable 
and preferable, native or beneficial plants to 
avoid creation of plantation forests and the re-
covery of trees on the damaged Federal land 
through the use of timber harvesting in a man-
ner consistent with the applicable land and re-
source management plan. 
(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 for the purpose of 
developing the catastrophic event recovery proposal 
for the area. 
(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) prepared or 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 lands managed by the Bureau of Land Manage-
ment, including lands held for the benefit of an In-
dian tribe. The term does not include any land con-
tained in a component of the National Wilderness 
Preservation System or designated as a national 
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