I 
113TH CONGRESS 
1ST SESSION H. R. 1895 
To respond to the extreme fire hazard and unsafe conditions resulting from 
pine beetle infestation, drought, disease, or storm damage by declaring 
a state of emergency and directing the Secretary of Agriculture to imme-
diately implement hazardous fuels reduction projects in the manner pro-
vided in title I of the Healthy Forests Restoration Act of 2003, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 8, 2013 
Mrs. NOEM introduced the following bill; which was referred to the Committee 
on Agriculture, and in addition to the Committee on Natural Resources, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To respond to the extreme fire hazard and unsafe conditions 
resulting from pine beetle infestation, drought, disease, 
or storm damage by declaring a state of emergency and 
directing the Secretary of Agriculture to immediately 
implement hazardous fuels reduction projects in the man-
ner provided in title I of the Healthy Forests Restoration 
Act of 2003, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Forest Emer-
gency Response Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) forest health and human safety in certain 
national forests have deteriorated dangerously due to 
pine beetle infestation, disease, storm damage, and 
drought; and 
(2) the resulting fire hazard in those national 
forests endangers adjacent communities, ranches, 
State parks, and several units of the National Park 
System and poses a significant threat to the eco-
nomic stability of surrounding areas and the health, 
safety, and well-being of residents and visitors to 
those areas. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) DESIGNATED
NATIONAL
FOREST.—The 
term ‘‘designated national forest’’ means a national 
forest designated by the Secretary under section 
4(b). 
(2) EMERGENCY
CIRCUMSTANCES.—The term 
‘‘emergency circumstances’’ has the meaning given 
the term in section 1506.11 of title 40, Code of Fed-
eral Regulations (or a successor regulation). 
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(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
SEC. 4. DECLARATION OF EMERGENCY AND SELECTION OF 
PILOT PROJECT NATIONAL FORESTS. 
(a) IN GENERAL.—In recognition of deteriorating 
forest health conditions, extreme fire hazard, and the sig-
nificant number of dead and dying trees in certain na-
tional forests due to pine beetle infestation, drought, dis-
ease, or storm damage, and the resulting imminent risk 
of devastating wildfire that poses a significant threat to 
the economic stability of surrounding areas and the health, 
safety, and well-being of residents, firefighters, and visi-
tors to the areas, Congress declares that the fire hazard 
and human endangerment in those national forests des-
ignated by the Secretary under subsection (b) constitute 
emergency circumstances. 
(b) DESIGNATIONS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary 
shall designate not less than 1 national forest in 
each applicable State that is experiencing conditions 
that constitute emergency circumstances due to pine 
beetle infestation, drought, disease, or storm damage 
and the resulting imminent risk of devastating wild-
fire that poses a significant threat to the economic 
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1419) shall not apply to projects conducted in accordance 
with this section. 
(c) REQUIRED MODIFICATIONS.—In applying title I 
of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6511 et seq.) to Forest Service projects and activi-
ties in designated national forests, the Secretary shall 
make the following modifications: 
(1) The authority shall apply to the entire des-
ignated national forest, including land that is out-
side of a wildland-urban interface area or that does 
not satisfy any of the other eligibility criteria speci-
fied in section 102(a) of that Act (16 U.S.C. 
6512(a)). 
(2) All projects and activities of the Forest 
Service, including necessary connected actions (as 
described in section 1508.25(a)(1) of title 40, Code 
of Federal Regulations (or a successor regulation)), 
shall be considered to be authorized hazardous fuel 
reduction projects for purposes of applying the title. 
(3) In the case of a project intended to address 
the existence of an infestation of disease or insects, 
or the presence of such an infestation on imme-
diately adjacent land, the Secretary may proceed 
with the project if there is any risk the infestation 
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will spread, not just in the event of an imminent risk 
of the spread of the infestation. 
(4) Forest Service projects and activities in the 
designated national forest conducted under title I of 
that Act shall not be counted toward the limitation 
in section 102(c) of that Act (16 U.S.C. 6512(c)) on 
the total quantity of acreage that may be treated 
under that title. 
(d) SMALLER PROJECTS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), a project conducted in a designated na-
tional forest in accordance with this section that 
comprises less than 10,000 acres shall be considered 
an action categorically excluded from the require-
ments for an environmental assessment or an envi-
ronmental impact statement under section 1508.4 of 
title 40, Code of Federal Regulations (or a successor 
regulation). 
(2) EXCLUSION
OF
CERTAIN
AREAS.—Para-
graph (1) does not apply to— 
(A) a component of the National Wilder-
ness Preservation System; 
(B) any Federal land on which, by Act of 
Congress or Presidential proclamation, the re-
moval of vegetation is restricted or prohibited; 
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(C) a congressionally designated wilderness 
study area; or 
(D) an area in which activities under para-
graph (1) would be inconsistent with the appli-
cable land and resource management plan. 
(e) PROHIBITION ON RESTRAINING ORDERS, PRE-
LIMINARY INJUNCTIONS, AND OTHER RELIEF PENDING 
JUDICIAL REVIEW.— 
(1) IN GENERAL.—No restraining order, pre-
liminary injunction, or injunction pending appeal 
shall be issued by any court of the United States 
with respect to any decision to engage in any reme-
dial action or to prepare, advertise, offer, award, or 
operate a timber sale under this section in a des-
ignated national forest. 
(2) APPLICABILITY
OF
OTHER
LAW.—Section 
705 of title 5, United States Code, shall not apply 
to any challenge to a sale described in paragraph 
(1). 
SEC. 6. GOOD NEIGHBOR AUTHORITY. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE
STATE.—The term ‘‘eligible 
State’’ means a State that contains National Forest 
System land. 
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(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture. 
(3) STATE FORESTER.—The term ‘‘State for-
ester’’ means the head of a State agency with juris-
diction over State forestry programs in an eligible 
State. 
(b) COOPERATIVE AGREEMENTS AND CONTRACTS.— 
(1) IN
GENERAL.—The Secretary may enter 
into a cooperative agreement or contract (including 
a sole source contract) with a State forester to au-
thorize the State forester to provide the forest, 
rangeland, and watershed restoration and protection 
services described in paragraph (2) on National For-
est System land in the eligible State. 
(2) 
AUTHORIZED
SERVICES.—The 
forest, 
rangeland, and watershed restoration and protection 
services referred to in paragraph (1) include the con-
duct of— 
(A) activities to treat insect infected trees; 
(B) activities to reduce hazardous fuels; 
and 
(C) any other activities to restore or im-
prove forest, rangeland, and watershed health, 
including fish and wildlife habitat. 
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(3) STATE AS AGENT.—Except as provided in 
paragraph (6), a cooperative agreement or contract 
entered into under paragraph (1) may authorize the 
State forester to serve as the agent for the Secretary 
in providing the restoration and protection services 
authorized under that paragraph. 
(4) SUBCONTRACTS.—In accordance with appli-
cable contract procedures for the eligible State, a 
State forester may enter into subcontracts to provide 
the restoration and protection services authorized 
under a cooperative agreement or contract entered 
into under paragraph (1). 
(5) TIMBER SALES.—Subsections (d) and (g) of 
section 14 of the National Forest Management Act 
of 1976 (16 U.S.C. 472a) shall not apply to services 
performed under a cooperative agreement or con-
tract entered into under paragraph (1). 
(6) RETENTION OF NEPA RESPONSIBILITIES.— 
Any decision required to be made under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) with respect to any restoration and 
protection services to be provided under this section 
by a State forester on National Forest System land 
shall not be delegated to a State forester or any 
other officer or employee of the eligible State. 
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(7) APPLICABLE
LAW.—The restoration and 
protection services to be provided under this section 
shall be carried out on a project-to-project basis 
under existing authorities of the Forest Service. 
Æ 
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