I 
108TH CONGRESS 
1ST SESSION H. R. 1621
To provide environmentally sound, expedited procedures for the planning 
and implementation of hazardous fuels reduction activities for wild-fire 
prone National Forest System lands and lands administered by the 
Bureau of Land Management, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 3, 2003
Mr. GEORGE MILLER of California (for himself and Mr. DEFAZIO) introduced 
the following bill; which was referred to the Committee on Agriculture, 
and in addition to the Committee on Resources, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide environmentally sound, expedited procedures for 
the planning and implementation of hazardous fuels re-
duction activities for wild-fire prone National Forest Sys-
tem lands and lands administered by the Bureau of 
Land Management, 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. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Federal Lands Hazardous Fuels Reduction Act of 
2003’’.
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title. 
Sec. 2. Definitions. 
Sec. 3. Hazardous fuels reduction projects authorized. 
Sec. 4. Collaboration and public input process. 
Sec. 5. Expedited planning and implementation process. 
Sec. 6. Development of definitions of old and large trees. 
Sec. 7. Ongoing projects and existing authorities. 
Sec. 8. Preference to communities with fire prevention ordinances. 
Sec. 9. Sunset. 
Sec. 10. Authorization of appropriations. 
Sec. 11. Availability and use of Reforestation Trust Fund.
SEC. 2. DEFINITIONS. 
(a) LAND TYPE AND FIRE REGIME DEFINITIONS 
FROM FOREST SERVICE ROCKY MOUNTAIN RESEARCH 
STATION.—In this Act: 
(1) CONDITION CLASS 2.—The term ‘‘condition 
class 2’’ refers to lands on which—
(A) fire regimes have been moderately al-
tered from their historical fire return intervals; 
(B) there exists a moderate risk of losing 
key ecosystem components; and 
(C) vegetation attributes have been mod-
erately altered from their historical range. 
(2) CONDITION CLASS 3.—The term ‘‘condition 
class 3’’ refers to lands on which—
(A) fire regimes have been significantly al-
tered from their historical fire return intervals; 
and
(1) BEST
VALUE
CONTRACTING.—The term 
‘‘best value contracting’’ means the contracting proc-
ess described in section 15.101 of title 48, Code of 
Federal Regulations, which allows the inclusion of 
non-cost factors in the contract process. 
(2) COMPREHENSIVE
STRATEGY.—The term 
‘‘Comprehensive Strategy’’ means the Comprehen-
sive Strategy for a Collaborative Approach for Re-
ducing Wildland Fire Risks to Communities and the 
Environment, dated May 2002, which was developed 
pursuant to the conference report to accompany the 
Department of the Interior and Related Agencies 
Appropriations Act, 2001 (House Report 106–646). 
(3) FEDERAL LANDS.—Except as provided in 
subsection (c), the term ‘‘Federal lands’’ means—
(A) National Forest System lands; and 
(B) public lands administered by the Sec-
retary of the Interior acting through the Bu-
reau of Land Management. 
(4) GOODS FOR SERVICE CONTRACTING.—The 
term ‘‘goods for service contracting’’ means the con-
tracting process described in section 347 of the De-
partment of the Interior and Related Agencies Ap-
propriations Act, 1999 (as contained in section
101(e) of division A of Public Law 105–277; 16 
U.S.C. 2104 note). 
(5) 
HAZARDOUS
FUELS
REDUCTION 
PROJECT.—The term ‘‘hazardous fuels reduction 
project’’ means a project—
(A) undertaken for the purpose of reducing 
the amount of hazardous fuels resulting from 
alteration of a natural fire regime as a result 
of fire suppression or other activities; and 
(B) accomplished through the use of pre-
scribed burning or mechanical treatment, or 
combination thereof. 
(6) INVENTORIED ROADLESS AREA.—The term 
‘‘inventoried roadless area’’ means one of the areas 
identified in the set of inventoried roadless areas 
maps contained in the Forest Service Roadless 
Areas Conservation, Final Environmental Impact 
Statement, Volume 2, dated November 2000. 
(7) LOCAL PREFERENCE CONTRACTING.—The 
term ‘‘local preference contracting’’ means the con-
tracting process described in section 333 of the De-
partment of the Interior and Related Agencies Ap-
propriations Act, 2003 (division F of Public Law 
108–7; 117 Stat. 277), that gives preference to local 
businesses.
(8) MANAGEMENT UNIT.—The term ‘‘manage-
ment unit’’, with respect to Federal lands, means a 
unit of the National Forest System or a land man-
agement district of the Bureau of Land Manage-
ment 
(9) MUNICIPAL WATER SUPPLY SYSTEM.—The 
term ‘‘municipal water supply’’ means reservoirs, ca-
nals, ditches, flumes, laterals, pipes, pipelines, or 
other surface facilities and systems constructed or 
installed for the impoundment, storage, transpor-
tation, or distribution of drinking water for a com-
munity. 
(10) 
SECRETARY
CONCERNED.—The 
term 
‘‘Secretary concerned’’ means—
(A) the Secretary of Agriculture (or the 
designee of the Secretary) with respect to Na-
tional Forest System lands; and 
(B) the Secretary of the Interior (or the 
designee of the Secretary) with respect to public 
lands administered by the Secretary through 
the Bureau of Land Management. 
(11) WILDLAND-URBAN INTERFACE.—The term 
‘‘wildland-urban interface’’ means a geographic area 
designated by the Secretary concerned as any area—
(A) defined on page 753 of volume 66 of 
the Federal Register, as published on January 
4, 2001; 
(B) on which conditions are conducive to 
large-scale fire disturbance events; and 
(C) for which a significant risk exists of a 
resulting spread of the fire disturbance event, 
after ignition, which would threaten human life 
and property. 
(c) EXCLUDED FEDERAL LANDS.—This Act, includ-
ing the expedited process described in section 5, does not 
apply to any Federal lands—
(1) included as a component of the National 
Wilderness Preservation System; 
(2) where commercial logging is prohibited or 
restricted by Act of Congress, presidential proclama-
tion, or agency determination; 
(3) included in a wilderness study area; or 
(4) included in an inventoried roadless area. 
SEC. 3. HAZARDOUS FUELS REDUCTION PROJECTS AU-
THORIZED. 
(a) CONSISTENCY WITH IMPLEMENTATION PLAN.—
The processes authorized or required by this Act shall be 
consistent with the implementation plan for the Com-
prehensive Strategy to reduce hazardous fuels on Federal 
lands. 
(b) PRIORITY
HAZARDOUS
FUELS
REDUCTION 
PROJECTS.—
(1) PROJECTS ON CERTAIN FEDERAL LANDS.—
In implementing hazardous fuels reduction projects 
under this Act, the Secretary concerned shall give 
priority to projects on the following Federal lands: 
(A) Federal lands that are located in the 
wildland-urban interface within one-half mile of 
a community where fire regime I, fire regime 
II, or fire regime III exists and that are in con-
dition class 2 or condition class 3. 
(B) Federal lands where fire regime I, fire 
regime II, or fire regime III exists that are in 
condition class 3, or condition class 2 if the 
Federal lands are intermingled with condition 
class 3 lands, and that are located in such prox-
imity to a municipal water supply system that 
a hazardous fuels reduction project should be 
carried out in order to reduce the risk of harm 
to such system or the quality of a municipal 
water supply resulting from an unusually severe 
wildfire.
(2) LIMITATION ON OTHER PROJECTS PENDING 
COMPLETION OF PRIORITY PROJECTS.—In any man-
agement unit of the Federal lands in which Federal 
lands described in paragraph (1) are located, the 
Secretary concerned shall not carry out any haz-
ardous fuels reduction project under this Act on any 
other lands in that management unit until the Sec-
retary concerned completes treatment of all acreage 
in that management unit on Federal lands described 
in paragraph (1). 
(c) 
COMPLIANCE
WITH
LAND
MANAGEMENT 
PLANS.—A hazardous fuels reduction project planned and 
conducted under this Act must be consistent with the land 
and resource management plan, land use plan, and other 
agency plans and regulations applicable to the Federal 
lands covered by the project. 
(d) PROJECT CONTRACTING.—To conduct a haz-
ardous fuels reduction project under this Act, the Sec-
retary concerned shall use local preference contracting and 
best value contracting. Payments under a contract entered 
into to implement a project under this Act shall only be 
made on a fee-for-service basis. The Secretary concerned 
shall not use goods-for-service contracting to implement 
a project under this Act.
(e) LIMITATIONS.—In conducting a hazardous fuels 
reduction project under this Act, the Secretary con-
cerned—
(1) shall not construct new permanent or tem-
porary roads; 
(2) shall maintain all old and large trees and 
the structure, function, and composition of late-suc-
cessional forest stands appropriate for each eco-
system type, until the process required by section 6 
is complete and Congress formally adopts or rejects 
the recommendations by Act of Congress; 
(3) shall focus on thinning from below when 
using mechanical treatment. 
(f) 
ACREAGE
LIMITATION.—Not 
more 
than 
20,000,000 acres of Federal land may be treated using 
the authorities provided by this Act. 
(g) FUNDING PRIORITY.—Of funds expended for haz-
ardous fuels reduction projects under this Act, at least 75 
percent shall be expended on projects in the wildland-
urban interface within one-half mile of a community. 
(h) MONITORING.—
(1) MONITORING
REQUIRED.—The Secretary 
concerned shall establish a balanced multiparty mon-
itoring process in order for Congress to assess a rep-
resentative sampling of the hazardous fuels reduc-
tion projects implemented under this Act. 
(2) REPORT
REQUIRED.—Not later than one 
year after the expiration of this Act, as provided in 
section 9, the Secretary concerned shall submit to 
Congress a report containing, at a minimum, the fol-
lowing: 
(A) An assessment of the cumulative ac-
complishments or adverse impacts of the fuels 
reduction projects conducted under this Act. 
(B) A description of the ecological effects 
of the projects conducted under this Act. 
(C) A description of the economic viability, 
impacts, and costs of the projects conducted 
under this Act. 
SEC. 4. COLLABORATION AND PUBLIC INPUT PROCESS. 
(a) PROCESS REQUIRED.—
(1) DEVELOPMENT.—As a condition on the se-
lection of hazardous fuels reduction projects under 
section 3, the Secretary of Agriculture and the Sec-
retary of the Interior shall jointly develop a collabo-
rative process with interested parties, consistent with 
the implementation plan for the Comprehensive 
Strategy. The collaborative process developed by the 
Secretaries may be the process set forth in title II
of the Secure Rural Schools and Community Self-
Determination Act of 2000 (Public Law 106–393; 
16 U.S.C. 500 note). 
(2) REQUIRED MAPS AND PUBLIC MEETINGS.—
As part of the process developed under subsection 
(a), the Secretaries shall—
(A) produce maps designating the condi-
tion class of lands at the appropriate landscape 
scale; 
(B) make such maps readily available for 
public inspection; and 
(C) hold a public meeting to discuss condi-
tion classification of lands by management unit 
and to identify priority areas for hazardous 
fuels reduction projects. 
(b) PUBLIC NOTICE.—
(1) QUARTERLY NOTICE.—The Secretary con-
cerned shall provide quarterly notice of each haz-
ardous fuels reduction project proposed to be con-
ducted using the expedited process described in sec-
tion 5. The quarterly notice shall be provided in the 
Federal Register, in a local paper of record, and on 
an agency website. The Secretary concerned may 
combine this quarterly notice with other quarterly
notices otherwise issued regarding Federal land 
management. 
(2) CONTENT.—The notice required by para-
graph (1) shall include, at a minimum, the following 
information regarding each hazardous fuels reduc-
tion project contained in the notice: 
(A) Specific identification that the project 
is a hazardous fuels reduction project for which 
the expedited process described in section 5 will 
be used, including a clear statement whether 
the agency intends to use a categorical exclu-
sion or to prepare an environmental assessment 
or environmental impact statement. 
(B) A description of the project, including 
as much information on its geographic location 
as practicable. 
(C) The approximate date on which 
scoping for the project will begin. 
(D) Information regarding how interested 
members of the public can take part in the de-
velopment of the project pursuant to the expe-
dited process described in section 5. 
(c) PUBLIC MEETING.—Following publication of each 
quarterly notice under subsection (b), but before the be-
ginning of scoping for the project pursuant to the expe-
dited process described in section 5, the Secretary con-
cerned shall conduct a public meeting at an appropriate 
location in each administrative unit of the Federal lands 
regarding those hazardous fuels reduction projects con-
tained in the quarterly notice that are proposed to be con-
ducted in that administrative unit. The Secretary con-
cerned shall provide advance notice of the date and time 
of the meeting in the quarterly notice or using the same 
means described in subsection (b)(1). 
(d) FINAL AGENCY ACTION.—The Secretary con-
cerned shall provide notice in the local paper of record and 
on an agency website of any final agency action regarding 
a hazardous fuels reduction project for which the expe-
dited process described in section 5 are used. 
(e) PUBLIC PETITIONS FOR INCLUSION OR EXCLU-
SION OF LANDS.—
(1) RIGHT TO PETITION.—An entity referred to 
in paragraph (4) may submit to the Secretary con-
cerned a petition, with supporting evidence, that re-
quests the inclusion or exclusion of an area of Fed-
eral lands in subsection (a) with regard to condition 
class. 
(2) EVALUATION.—The Secretary concerned 
shall respond to a petition under paragraph (1) by 
public notice of a public viewing of the area in ques-
tion, within 90 days of receipt the petition, with the 
petitioner and any other interested parties. 
(3) RESPONSE.—The Secretary concerned shall 
accept or deny the petition within 180 days of its re-
ceipt, based on the site evaluation under paragraph 
(2) and a specific review of the historical conditions, 
forest type, and present fuel loads of the Federal 
lands covered by the petition. 
(4) AUTHORIZED
PETITIONERS.—A petition 
under paragraph (1) may be submitted by any of the 
following: 
(A) A political subdivision of a State. 
(B) A federally formed resource advisory 
council or provincial advisory committee. 
(C) A resource advisory committee estab-
lished under section 205 of the Secure Rural 
Schools and Community Self-Determination Act 
of 2000 (Public Law 106–393; 16 U.S.C. 500 
note). 
SEC. 5. EXPEDITED PLANNING AND IMPLEMENTATION 
PROCESS. 
(a) SCOPING.—The Secretary concerned shall con-
duct scoping with respect to each hazardous fuels reduc-
tion project for which the expedited process established by 
this section are to be used.
(b) CATEGORICAL EXCLUSIONS.—
(1) PRESUMPTION NEAR COMMUNITIES.—If a 
hazardous fuels reduction project covered by section 
3, for which the collaborative and public input proc-
ess required by section 4 is used, covers Federal 
lands located in the wildland-urban interface within 
one-half mile of a community, the project is deemed 
to be categorically excluded from further analysis 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4331 et seq.). The Secretary con-
cerned need not make any findings as to whether the 
project, either individually or cumulatively, has a 
significant effect on the environment. However, with-
in the one-half mile zone surrounding a community, 
the Secretary concerned shall vary the treatments 
used to achieve heterogeneity of forest conditions 
and to ensure forest health. 
(2) EXTRAORDINARY
CIRCUMSTANCES
EXCEP-
TION.—Paragraph (1) shall not apply to Federal 
lands located in the wildland-urban interface within 
one-half mile of a community if extraordinary cir-
cumstances exist with respect to the lands. 
(3) EXTRAORDINARY CIRCUMSTANCES.—In the 
case of a hazardous fuels reduction project for which 
a categorical exclusion applies under paragraph (1),
if extraordinary circumstances exist with respect to 
the project, the Secretary concerned shall follow 
agency procedures (as contained in CEQ regulation 
1508.4, Forest Service Handbook 1909.15, chapters 
30–33, as of August 22, 2002, and Bureau of Land 
Management Handbook H–1790–1, 516 DM 2.1–
2.10) related to categorical exclusions and extraor-
dinary circumstances. 
(4) 
APPEALS.—Hazardous 
fuels 
reduction 
projects implemented using a categorical exclusion 
under paragraph (1) are not subject to appeal re-
quirements imposed by section 322 of the Depart-
ment of the Interior and Related Agencies Appro-
priations Act, 1993 (Public Law 102–381; 16 
U.S.C. 1612 note), or the Department of the Inte-
rior Office of Hearings and Appeals. 
(c) ENVIRONMENTAL ASSESSMENTS.—
(1) IN
GENERAL.—With respect to priority 
lands identified in section 3(b), if a categorical ex-
clusion does not apply under subsection (b) to a haz-
ardous fuels reduction project under section 3 for 
the lands, the Secretary concerned shall determine, 
consistent with the National Environmental Policy 
Act of 1969, whether an environmental assessment