I 
117TH CONGRESS 
1ST SESSION H. R. 2585 
To conduct fire salvage on certain National Forest System lands burned 
by wildfire, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 15, 2021 
Mr. JOHNSON of South Dakota (for himself, Mr. LAMALFA, Mr. WESTERMAN, 
and Mr. CRAWFORD) introduced the following bill; which was referred to 
the Committee on Agriculture, and in addition to the Committee on Nat-
ural Resources, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To conduct fire salvage on certain National Forest System 
lands burned by wildfire, 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. 
This Act may be cited as the ‘‘Forestry Improve-
ments to Restore the Environment Act of 2021’’ or the 
‘‘FIRE Act of 2021’’. 
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SEC. 2. FOREST MANAGEMENT ACTIVITIES REQUIRED 
AFTER WILDFIRE. 
(a) SURVEY OF NATIONAL FOREST SYSTEM LANDS 
IMPACTED BY WILDFIRE.— 
(1) SURVEY REQUIRED.—To the maximum ex-
tent practicable, not later than 60 days after a wild-
fire is contained on National Forest System lands, 
the Secretary of Agriculture, acting through the 
Chief of the Forest Service, shall complete a survey 
of the National Forest System lands that were im-
pacted by such wildfire. 
(2) PRIORITY
OF
LAND
SURVEYED.—In car-
rying out a survey required under paragraph (1), the 
Secretary of Agriculture shall give priority to Na-
tional Forest System lands in the following order: 
(A) Lands for which there is, at the time 
of such survey— 
(i) timber under a contract pursuant 
to section 14(a) of the National Forest 
Management Act of 1976 (16 U.S.C. 
472a); or 
(ii) a stewardship contract under sec-
tion 604 of the Healthy Forests Restora-
tion Act of 2003 (16 U.S.C. 6591c). 
(B) Lands for which, at the time of such 
survey— 
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(i) a timber sale described in subpara-
graph (A)(i) or a stewardship contract de-
scribed in subparagraph (A)(ii) is planned; 
and 
(ii) with respect to such sale or con-
tract, an environmental decision document 
has been completed pursuant to section 
102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332). 
(b) CONVERSION OF TIMBER SALES.— 
(1) TIMBER SALES TO SALVAGE SALES.—Not 
later than 60 days after a wildfire is contained on 
National Forest System lands, the Secretary of Agri-
culture shall, with respect to the timber sales appli-
cable to such lands that were impacted by such wild-
fire, convert such timber sales to salvage sales. 
(2) 
TREATMENT
OF
CONVERTED
TIMBER 
SALES.—In the case of a project relating to the tim-
ber sales applicable to the National Forest System 
lands described in paragraph (1), the conversion of 
such timber sales to salvage sales under such para-
graph shall be deemed to meet the purpose and need 
of such project for purposes of an environmental as-
sessment or an environmental impact statement pur-
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suant to section 102 of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4332). 
(c) SUPPLEMENTAL INFORMATION REPORTS.—The 
Secretary of Agriculture shall give priority to completing 
supplemental information reports that determine, with re-
spect to a pending project planned for National Forest 
System lands prior to a wildfire, whether— 
(1) timber salvage constitutes substantial 
changes to the proposed action that are relevant to 
environmental concerns; and 
(2) wildfire constitutes significant new cir-
cumstances or information relevant to environmental 
concerns. 
SEC. 3. ROADSIDE SALVAGE CATEGORICAL EXCLUSION. 
(a) CATEGORICAL EXCLUSION ESTABLISHED.—For-
est management activities described in subsection (b) are 
a category of actions hereby designated as being categori-
cally excluded from the preparation of an environmental 
assessment or an environmental impact statement pursu-
ant to section 102 of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332). 
(b) FOREST MANAGEMENT ACTIVITIES DESIGNATED 
FOR CATEGORICAL EXCLUSION.—The category of forest 
management activities designated under this section for 
a categorical exclusion are forest management activities 
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carried out by the Secretary of Agriculture on National 
Forest System lands where the primary purpose of such 
activity is for roadside salvage activities that allow for the 
removal of hazard trees that are within 200 feet of a road-
way center line. 
(c) AVAILABILITY OF CATEGORICAL EXCLUSION.— 
On and after the date of the enactment of this Act, the 
Secretary of Agriculture may use the categorical exclusion 
established under subsection (a) in accordance with this 
section. 
(d) ACREAGE LIMITATIONS.—The categorical exclu-
sion established under subsection (a) shall not be limited 
in size or scope. 
(e) EXCLUSION OF EXTRAORDINARY CIRCUMSTANCE 
PROCEDURES.—The procedures relating to extraordinary 
circumstances under section 220.6 of title 36, Code of 
Federal Regulations (or a successor regulation), shall not 
apply to the use of the categorical exclusion established 
under subsection (b). 
SEC. 4. JUDICIAL REVIEW. 
(a) OBJECTION PERIOD.—For any action taken pur-
suant to the authorities in this Act, the objection time de-
scribed in section 219.56 of title 36, Code of Federal Reg-
ulations (or successor regulations), shall be 30 days. 
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(b) JUDICIAL REVIEW.—Except as provided in sub-
section (c), an activity carried out pursuant to this Act 
shall be subject to judicial review in the same manner as 
an authorized hazardous fuels reduction project is subject 
to judicial review under section 106 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6516). 
(c) PRELIMINARY INJUNCTION PROHIBITED.—Not-
withstanding any other provision of law, a court may not 
order a preliminary injunction enjoining the Secretary of 
Agriculture from proceeding with timber sales authorized 
under this Act. 
SEC. 5. RULE OF APPLICATION FOR NATIONAL FOREST 
SYSTEM LANDS. 
The authorities provided by this Act may not apply 
with respect to any National Forest System lands— 
(1) that are included in the National Wilderness 
Preservation System; 
(2) that are located within a national or State- 
specific inventoried roadless area established by the 
Secretary of Agriculture through regulation, un-
less— 
(A) the forest management activity to be 
carried out under such authority is consistent 
with the forest plan applicable to the area; or 
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(B) the Secretary of Agriculture deter-
mines the forest management activity is permis-
sible under the applicable roadless rule gov-
erning such lands; or 
(3) on which timber harvesting for any purpose 
is prohibited by Federal statute. 
Æ 
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