I
107TH CONGRESS
2D SESSION
H. R. 5341
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, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 5, 2002
Mr. TAYLOR of North Carolina 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, 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 ‘‘National Forest Fire
Fuels Reduction Act’’.
SEC. 2. ACTIONS TO ADDRESS FIRE HAZARDS DUE TO IN-
SECT AND DISEASE INFESTATION AND TREE
OVERCROWDING IN NATIONAL FOREST SYS-
TEM LANDS.
(a) FINDINGS.—Congress finds the following:
(1) Forest health conditions within National
Forest System lands are deteriorating and imme-
diate action to cut timber on these lands is in the
public interest.
(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 cut 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 and disease infestation or fire hazard.
(2) CRITERIA.—In implementing additional
timber harvests within the timber sale analysis areas
referred 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 cut timber on their
lands.
(B) Stands that are a fire hazard or insect
and disease infested, and are near private lands
or in proximity to communities.
(C) Areas that have the highest intensity
or concentration of insect or disease infestation
that will move to other areas.
(D) Stands that are a fire hazard or insect
and disease infested, and are near areas of high
resource value where retaining green trees is
important, such as wildlife habitats, sensitive
landscapes, forest growth, recreation areas, and
developments.
(E) Stands that are a high fire hazard or
insect and disease infested, and are within skid-
ding distance of existing roads.
(F) Concentrations of insect or disease in-
fested trees or areas that are high fire hazards
due to accumulated forest debris.
(G) Stands with the highest density that
are most susceptible to insect or disease attack
and are in close proximity to infested trees.
(c) USE OF FOREST FIRE FUELS REDUCTION SALE
FUNDS.—To conduct timber sales under this section, the
Secretary may use forest timber sale funds otherwise
available to the Secretary.
(d) SALES IN PREPARATION.— Any timber sale in
preparation on the date of the enactment of this Act shall
be subject to the provisions of this section.
(e) USE OF AVAILABLE AUTHORITIES.—The Sec-
retary shall make use of all available authority, including
the employment of private contractors and the use of expe-
dited fire contracting procedures, to prepare and advertise
timber sales under this section.
(f) EXEMPTIONS.—The preparation, solicitation, and
award of forest fire fuels reduction timber sales shall be
exempt from the requirements of the Competition in Con-
tracting Act (41 U.S.C. 253 et seq.) and the implementing
regulations in the Federal Acquisition Regulation issued
pursuant to section 25(c) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 421(c)) and any departmental
acquisition regulations and the notice and publication re-
quirements in section 18 of such Act (41 U.S.C. 416) and
8(e) of the Small Business Act (15 U.S.C. 637(e)) and
the implementing regulations in the Federal Acquisition
Regulations and any departmental acquisition regulations.
(g) COST CONSIDERATIONS.—Forest fire fuels reduc-
tion timber sales undertaken pursuant to this section shall
not be precluded because the costs of such activities are
likely to exceed the revenues derived from such activities.
(h) EFFECT OF FOREST FIRE FUELS REDUCTION
TIMBER SALES.—The Secretary shall not substitute forest
fires fuels reduction timber sales conducted for planned
non-forest fire fuels reduction timber sales.
(i) REFORESTATION OF FOREST FIRE FUELS RE-
DUCTION TIMBER SALE PARCELS.—The Secretary shall
plan and implement reforestation of each parcel of land
harvested under a forest fire fuels reduction timber sale
conducted as expeditiously as possible after completion of
the harvest on the parcel, but in no case later than any
applicable restocking period required by law or regulation.