IIB 
109TH CONGRESS 
2D SESSION 
H. R. 4200 
IN THE SENATE OF THE UNITED STATES 
MAY 18, 2006 
Received; read twice and referred to the Committee on Agriculture, Nutrition, 
and Forestry 
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. 
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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 
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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; 
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(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-
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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. 
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(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 
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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-
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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. 
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(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— 
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(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 
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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 
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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 
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(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— 
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(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 
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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-
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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— 
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(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.— 
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(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-
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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. 
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(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— 
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(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. 
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(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 
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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 
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