I
107TH CONGRESS
2D SESSION
H. R. 5214
To authorize and direct the Secretary of Agriculture to take actions to
promptly address the risk of fire and insect infestation in National
Forest System lands.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 2002
Mr. REHBERG (for himself, Mr. PETERSON of Pennsylvania, Mr. YOUNG of
Alaska, Mr. GOODLATTE, Mr. HERGER, Mr. SIMPSON, Mr. OTTER, Mr.
CANNON, Mr. JONES of North Carolina, Mr. DOOLITTLE, Mr. DUNCAN,
Mr. GIBBONS, Mr. RADANOVICH, Mr. TANCREDO, Mr. TAUZIN, Mr. GUT-
KNECHT, Mr. GOODE, Mrs. EMERSON, Mr. SCHAFFER, Mr. SESSIONS,
Mrs. CUBIN, Mr. FLAKE, Mr. GALLEGLY, Mr. HAYWORTH, and Mr.
HASTINGS of Washington) introduced the following bill; which was re-
ferred to the Committee on Agriculture, and in addition to the Committee
on Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To authorize and direct the Secretary of Agriculture to take
actions to promptly address the risk of fire and insect
infestation in National Forest System lands.
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 ‘‘National Forest Fire
Prevention Act’’.
SEC. 2. ACTIONS TO ADDRESS FIRE AND INSECT DANGER
IN NATIONAL FOREST SYSTEM LANDS.
(a) FINDINGS.—Congress finds the following:
(1) Forest health conditions within National
Forest System lands are deteriorating and imme-
diate action to treat these lands is in the public in-
terest.
(2) Pending litigation prevents timely action to
reduce the risk of wildfire in National Forest System
lands.
(3) Existing administrative and legal processes
cannot address the fire danger in time to enable the
Secretary of Agriculture to take action to reduce the
danger.
(4) Immediate action to address the fire danger
in an environmentally responsive manner is sup-
ported by the States and local governments, local in-
dustry users, and some environmental groups.
(5) The Forest Service and State and local fire
officials are encouraged to take actions as necessary
to create a defensible fuel zone within State owned
lands adjacent to National Forest System lands.
(b) FIRE AND INSECT RISK REDUCTION IN EXISTING
TIMBER SALE ANALYSIS AREAS.—
(1) IN GENERAL.—Subject to paragraph (2),
the Secretary is authorized to treat additional timber
within or outside the existing cutting units for Na-
tional Forest System timber sales and within the
analysis areas for these sales as is necessary to re-
duce insect infestation or fire hazard. The Secretary
may authorize such treatments by modifying existing
timber sale contracts upon agreement with pur-
chaser or by offering additional timber sales within
such timber sale analysis areas.
(2) CRITERIA.—In implementing additional
treatments within the timber sale analysis areas re-
ferred to in paragraph (1), the Secretary shall use,
in order of priority, the following criteria:
(A) Areas within 1⁄4 mile of private prop-
erties where private property owners have taken
or are taking actions to treat their lands.
(B) Stands that are a fire hazard or insect
infested, and are near private lands or in prox-
imity to communities.
(C) Areas that have the highest intensity
or concentration of insect infestation that will
move to other areas.
(D) Stands that are a fire hazard or insect
infested, and are near areas of high resource
value where retaining green trees is important,
such as wildlife habitats, sensitive landscapes,
recreation areas, and developments.
(E) Stands that are a high fire hazard or
insect infested, and are within skidding distance
of existing roads.
(F) Concentrations of insect infested trees
or areas that are high fire hazards.
(G) Stands with the highest density that
are most susceptible to insect attack and are in
close proximity to infested trees.
(c) PROCESS.—Actions the Secretary undertakes pur-
suant to this section shall proceed immediately and to
completion notwithstanding any other provision of law, in-
cluding the National Environmental Policy Act of 1969
and the National Forest Management Act (16 U.S.C.
1601 et seq.). Any actions taken pursuant to this section
shall not be subject to the notice, comment, and appeal
requirements of section 322 of Public Law 102–381 (com-
monly referred to as the ‘‘Appeals Reform Act’’; 16 U.S.C.
1612 note). Any action determined by the Secretary to
be authorized by this section and the determination by the
Secretary shall not be subject to judicial review by any
court of the United States.
(d) ROADLESS CHARACTER.—The actions authorized
by this section shall not affect the determination of any