I 
113TH CONGRESS 
1ST SESSION 
H. R. 818 
To address the bark beetle epidemic, drought, deteriorating forest health 
conditions, and high risk of wildfires on National Forest System land 
and land under the jurisdiction of the Bureau of Land Management 
in the United States by expanding authorities established in the Healthy 
Forest Restoration Act of 2003 to provide emergency measures for high- 
risk areas identified by such States, to make permanent Forest Service 
and Bureau of Land Management authority to conduct good-neighbor 
cooperation with States to reduce wildfire risks, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 25, 2013 
Mr. TIPTON (for himself, Mr. BISHOP of Utah, Mr. GARDNER, Mr. LAMBORN, 
Mr. COFFMAN, Mr. MCCLINTOCK, Mr. GOSAR, Mr. AMODEI, Mr. YOUNG 
of Alaska, Mr. LABRADOR, Mrs. LUMMIS, Mr. PEARCE, and Mr. DAINES) 
introduced the following bill; which was referred to the Committee on Ag-
riculture, 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 com-
mittee concerned 
A BILL 
To address the bark beetle epidemic, drought, deteriorating 
forest health conditions, and high risk of wildfires on 
National Forest System land and land under the jurisdic-
tion of the Bureau of Land Management in the United 
States by expanding authorities established in the 
Healthy Forest Restoration Act of 2003 to provide emer-
gency measures for high-risk areas identified by such 
States, to make permanent Forest Service and Bureau 
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of Land Management authority to conduct good-neighbor 
cooperation with States to reduce wildfire risks, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Healthy Forest Management and Wildfire Prevention 
Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Congressional declaration of bark beetle epidemic, drought, deterio-
rating forest health conditions, and high risk of wildfires in 
States as imminent threat. 
Sec. 4. State designation of high-risk areas of National Forest System and pub-
lic lands. 
Sec. 5. Designation of high-risk areas by the Secretary concerned. 
Sec. 6. Use of emergency hazardous fuels reduction projects for high-risk areas. 
Sec. 7. Applicability of expedited procedures and authorities of Healthy Forests 
Restoration Act of 2003 to emergency hazardous fuels reduc-
tion projects. 
Sec. 8. Forest Service and Bureau of Land Management good-neighbor co-
operation with States to reduce wildfire risks. 
Sec. 9. Stewardship end result contracting project authority. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) EMERGENCY
HAZARDOUS
FUELS
REDUC-
TION
PROJECT.—The term ‘‘emergency hazardous 
fuels reduction project’’ means a project or activity 
carried out in a high-risk area to address the bark 
beetle epidemic, drought, or deteriorating forest 
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health conditions and the resulting imminent risk of 
devastating wildfires. 
(2) HIGH-RISK
AREA.—The term ‘‘high-risk 
area’’ means an area of National Forest System 
land or public lands identified under section 4 as an 
area suffering from the bark beetle epidemic, 
drought, or deteriorating forest health conditions, 
with the resulting imminent risk of devastating 
wildfires, or otherwise at high risk for bark beetle 
infestation, drought, or wildfire. 
(3) NATIONAL
FOREST
SYSTEM.—The term 
‘‘National Forest System’’ has the meaning given 
that term in section 11(a) of the Forest and Range-
land Renewable Resources Planning Act of 1974 (16 
U.S.C. 1609(a)). 
(4) PUBLIC LANDS.—The term ‘‘public lands’’ 
has the meaning given that term in section 103(e) 
of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702(e)). 
(5) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) the Secretary of Agriculture, with re-
spect to the National Forest System; and 
(B) the Secretary of the Interior, with re-
spect to public lands. 
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(6) The term ‘‘State’’ means any of the several 
States containing National Forest System land or 
public lands. The term includes the Commonwealth 
of Puerto Rico. 
SEC. 3. CONGRESSIONAL DECLARATION OF BARK BEETLE 
EPIDEMIC, DROUGHT, DETERIORATING FOR-
EST HEALTH CONDITIONS, AND HIGH RISK 
OF WILDFIRES IN STATES AS IMMINENT 
THREAT. 
Congress hereby declares that the bark beetle epi-
demic, drought, and deteriorating forest health conditions 
on National Forest System land and public lands in the 
States, with the resulting imminent risk of devastating 
wildfires that pose a significant threat to the economic sta-
bility of communities in the affected areas and the health, 
safety, and well-being of residents, firefighters, and visi-
tors to the areas, is an ‘‘imminent threat’’ within the 
meaning of section 294.12(b)(1) of title 36, Code of Fed-
eral Regulations (2002 Edition) and any existing or pend-
ing roadless area management rule applicable to a State. 
SEC. 4. STATE DESIGNATION OF HIGH-RISK AREAS OF NA-
TIONAL FOREST SYSTEM AND PUBLIC LANDS. 
(a) DESIGNATION AUTHORITY.—The Governor of a 
State may designate high-risk areas of the National For-
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est System and public lands in the State for the purposes 
of addressing— 
(1) deteriorating forest health conditions in ex-
istence as of the date of the enactment of this Act 
due to the bark beetle epidemic or drought, with the 
resulting imminent risk of devastating wildfires; and 
(2) the future risk of insect infestations or dis-
ease outbreaks through preventative treatments to 
improve forest health conditions. 
(b) CONSULTATION.—In designating high-risk areas, 
the Governor of a State shall consult with county govern-
ment from affected counties and with affected Indian 
tribes. 
(c) EXCLUSION OF CERTAIN AREAS.—The following 
National Forest System land or public lands may not be 
designated as a high-risk area: 
(1) A component of the National Wilderness 
Preservation System. 
(2) A National Monument. 
(d) STANDARDS FOR DESIGNATION.—Designation of 
high-risk areas shall be consistent with standards and 
guidelines contained in the land and resource management 
plan or land use plan for the unit of the National Forest 
System or public lands for which the designation is being 
made, except that the Secretary concerned may modify 
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such standards and guidelines to correspond with a spe-
cific high-risk area designation. 
(e) TIME FOR INITIAL DESIGNATIONS.—The first 
high-risk areas should be designated not later than 60 
days after the date of the enactment of this Act but may 
be designated at any time consistent with subsection (a). 
(f) DURATION OF DESIGNATION.—The designation of 
a high-risk area in a State shall expire 20 years after the 
date of the designation, unless earlier terminated by the 
Governor of the State. 
(g) REDESIGNATION.—The expiration of the 20-year 
period specified in subsection (f) does not prohibit the 
Governor from redesignating an area of the National For-
est System land or public lands as a high-risk area under 
this section if the Governor determines that the area of 
National Forest System land or public lands continues to 
be subject to the terms of this section. 
(h) 
RECOGNITION
OF
VALID
AND
EXISTING 
RIGHTS.—The designation of a high-risk area shall not 
be construed to limit or restrict— 
(1) access to National Forest System land or 
public lands included in the area for hunting, fish-
ing, and other related purposes; or 
(2) valid and existing rights regarding the Na-
tional Forest System land or public lands. 
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SEC. 5. DESIGNATION OF HIGH-RISK AREAS BY THE SEC-
RETARY CONCERNED. 
(a) DESIGNATION AUTHORITY.—The Secretary con-
cerned may designate high-risk areas of the National For-
est System and the public lands for the purposes of ad-
dressing— 
(1) deteriorating forest health conditions in ex-
istence as of the date of the enactment of this Act 
due to the bark beetle epidemic or drought, with the 
resulting imminent risk of devastating wildfires; and 
(2) the future risk of insect infestations or dis-
ease outbreaks through preventative treatments to 
improve forest health conditions. 
(b) CONSULTATION.—In designating high-risk areas, 
the Secretary concerned shall consult with Governors of 
affected States, county government from affected counties, 
and with affected Indian tribes. 
(c) EXCLUSION OF CERTAIN AREAS.—The following 
National Forest System land or public lands may not be 
designated as a high-risk area: 
(1) A component of the National Wilderness 
Preservation System. 
(2) A National Monument. 
(d) STANDARDS FOR DESIGNATION.—Designation of 
high risk areas shall be consistent with standards and 
guidelines contained in the land and resource management 
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plan or land use plan for the unit of the National Forest 
System or public lands for which the designation is being 
made, except that the Secretary concerned may modify 
such standards and guidelines to correspond with a spe-
cific high-risk area designation. 
(e) TIME FOR INITIAL DESIGNATIONS.—The first 
high-risk areas should be designated not later than 60 
days after the date of the enactment of this Act but may 
be designated at any time consistent with subsection (a). 
(f) DURATION OF DESIGNATION.—The designation of 
a high-risk area in a State shall expire 20 years after the 
date of the designation, unless earlier terminated by the 
Secretary concerned. 
(g) REDESIGNATION.—The expiration of the 20-year 
period specified in subsection (f) does not prohibit the Sec-
retary concerned from redesignating an area of the Na-
tional Forest System or public lands as a high-risk area 
if the Secretary determines that the National Forest Sys-
tem land or public lands continues to be subject to the 
terms of this section, except that such redesignation is 
subject to consultation with Governors from affected 
States, county government from affected counties, and af-
fected Indian tribes. 
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(h) 
RECOGNITION
OF
VALID
AND
EXISTING 
RIGHTS.—The designation of a high-risk area shall not 
be construed to limit or restrict— 
(1) access to National Forest System land or 
public lands included in the area for hunting, fish-
ing, and other related purposes; or 
(2) valid and existing rights regarding the Na-
tional Forest System land or public lands. 
SEC. 6. USE OF EMERGENCY HAZARDOUS FUELS REDUC-
TION PROJECTS FOR HIGH-RISK AREAS. 
(a) PROJECT PROPOSALS.— 
(1) PROPOSALS AUTHORIZED.—Upon designa-
tion of a high-risk area in a State, the Governor of 
the State may provide for the development of pro-
posed emergency hazardous fuels reduction projects 
for the high-risk area. The Secretary concerned also 
may develop emergency hazardous fuels reduction 
projects. 
(2) PROJECT CRITERIA.—In preparing proposed 
emergency hazardous fuels reduction projects, the 
Governor of a State and the Secretary concerned 
shall— 
(A) take into account managing for rights 
of way, protection of watersheds, protection of 
wildlife and endangered species habitat, safe- 
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guarding water resources, and protecting local 
communities from wildfires; and 
(B) emphasize activities that thin the for-
est to provide the greatest health and longevity 
of the forest. 
(b) CONSULTATION.—In preparing proposed emer-
gency hazardous fuels reduction projects, the Governor of 
a State shall consult with county government from af-
fected counties, and with affected Indian tribes. If the Sec-
retary concerned develops a proposal, the Secretary con-
cerned shall consult with the Governor of the affected 
State, county government from affected counties, and af-
fected Indian tribes. 
(c) SUBMISSION AND IMPLEMENTATION.—The Gov-
ernor of a State shall submit proposed emergency haz-
ardous fuels reduction projects to the Secretary concerned 
for implementation. 
(d) IMPLEMENTATION OF PROJECTS.— 
(1) STATE
PROPOSED
PROJECTS.—The Sec-
retary concerned shall implement hazardous fuels re-
duction projects proposed by Governors within 60 
days of the date on which the Secretary receives the 
proposal. 
(2) SECRETARY
PROPOSED
PROJECTS.—The 
Secretary concerned shall implement hazardous fuels 
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reduction projects proposed by the Secretary con-
cerned within 60 days of the date on which the pro-
posal is finalized. 
SEC. 7. APPLICABILITY OF EXPEDITED PROCEDURES AND 
AUTHORITIES OF HEALTHY FORESTS RES-
TORATION ACT OF 2003 TO EMERGENCY HAZ-
ARDOUS FUELS REDUCTION PROJECTS. 
(a) APPLICABILITY.—Subject to subsections (b) 
through (e), title I of the Healthy Forests Restoration Act 
of 2003 (16 U.S.C. 6511 et seq.) (including the environ-
mental analysis requirements of section 104 of that Act 
(16 U.S.C. 6514), the special administrative review proc-
ess under section 105 of that Act (16 U.S.C. 6515), and 
the judicial review process under section 106 of that Act 
(16 U.S.C. 6516)), shall apply to all emergency hazardous 
fuels reduction projects developed under section 6. 
(b) APPLICATION OF OTHER LAW.—Section 322 of 
Public Law 102–381 (16 U.S.C. 1612 note; 106 Stat. 
1419) shall not apply to Forest Service emergency haz-
ardous fuels reduction projects. 
(c) REQUIRED MODIFICATIONS.—In applying title I 
of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6511 et seq.) to emergency hazardous fuels reduc-
tion projects, the Secretary concerned shall make the fol-
lowing modifications: 
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(1) The authority shall apply to the entire high- 
risk area, including land that is outside of a 
wildland-urban interface area or that does not sat-
isfy any of the other eligibility criteria specified in 
section 102(a) of that Act (16 U.S.C. 6512(a)). 
(2) All projects and activities of the Secretary 
concerned, including necessary connected actions (as 
described in section 1508.25(a)(1) of title 40, Code 
of Federal Regulations), of the emergency hazardous 
fuels reduction project shall be deemed to be an au-
thorized hazardous fuel reduction project for pur-
poses of applying the title. 
(3) The Secretary is not required to study, de-
velop, or describe more than the proposed agency ac-
tion and a no-action alternative in the environmental 
assessment or environmental impact statement pre-
pared pursuant to section 102(2) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)) for an emergency hazardous fuels reduc-
tion project, except that, if an at-risk community 
has adopted a community wildfire protection plan 
(as defined in section 101(3) of the Healthy Forest 
Restoration Act of 2003 (16 U.S.C. 6511(3))) that 
includes the land covered by the proposed agency ac-
tion, but the proposed agency action does not imple-
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ment the recommendations in the plan regarding the 
general location and basic method of treatments, the 
Secretary shall evaluate the recommendations in the 
plan as an additional alternative to the proposed 
agency action. 
(d) FOREST MANAGEMENT PLANS.—All projects and 
activities carried out as part of an emergency hazardous 
fuels reduction project in a designated high-risk area shall 
be consistent with standards and guidelines contained in 
the land and resource management plan or land use plan 
for the unit of the National Forest System or public lands 
for which the designation is made, except that the Sec-
retary concerned may modify such standards and guide-
lines to correspond with a specific high-risk area designa-
tion. 
(e) RETENTION OF NEPA RESPONSIBILITIES.—Any 
decision required to be made under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 
respect to any project or activity to be carried out as part 
of an emergency hazardous fuels reduction project in a 
high-risk area shall not be delegated to a State forester 
or any other officer or employee of the State in which the 
emergency hazardous fuels reduction project will be car-
ried out. 
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(f) CATEGORICAL EXCLUSION.—If a project or activ-
ity to be carried out as part of an emergency hazardous 
fuels reduction project in a high-risk area involves the re-
moval of insect-infected trees or other hazardous fuels 
within 500 feet of utility or telephone infrastructure, 
campgrounds, roadsides, heritage sites, recreation sites, 
schools, or other infrastructure, the project or activity is 
categorically excluded from the requirement to prepare an 
environmental assessment or an environmental impact 
statement under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) so long as the project 
or activity is otherwise conducted consistently with agency 
and departmental procedures and the applicable land and 
resource management plan or land use plan. 
SEC. 8. FOREST SERVICE AND BUREAU OF LAND MANAGE-
MENT GOOD-NEIGHBOR COOPERATION WITH 
STATES TO REDUCE WILDFIRE RISKS. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE
STATE.—The term ‘‘eligible 
State’’ means a State that contains National Forest 
System land or land under the jurisdiction of the 
Bureau of Land Management. 
(2) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means— 
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(A) the Secretary of Agriculture, with re-
spect to National Forest System land; or 
(B) the Secretary of the Interior, with re-
spect to land under the jurisdiction of the Bu-
reau of Land Management. 
(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) IN GENERAL.—The Secretary may enter into a 
cooperative agreement or contract (including a sole source 
contract) with a State forester to authorize the State for-
ester to provide the forest, rangeland, and watershed res-
toration and protection services described in subsection (c) 
on National Forest System land or land under the juris-
diction of the Bureau of Land Management, as applicable, 
in the eligible State. 
(c) AUTHORIZED SERVICES.—The forest, rangeland, 
and watershed restoration and protection services referred 
to in subsection (b) include the conduct of— 
(1) activities to treat insect infected trees; 
(2) activities to reduce hazardous fuels; and 
(3) any other activities to restore or improve 
forest, rangeland, and watershed health, including 
fish and wildlife habitat. 
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(d) STATE AS AGENT.—Except as provided in sub-
section (g), a cooperative agreement or contract entered 
into under subsection (b) may authorize the State forester 
to serve as the agent for the Secretary in providing the 
restoration and protection services authorized under sub-
section (b). 
(e) SUBCONTRACTS.—In accordance with applicable 
contract procedures for the eligible State, a State forester 
may enter into subcontracts to provide the restoration and 
protection services authorized under a cooperative agree-
ment or contract entered into under subsection (b). 
(f) TIMBER SALES.—Subsections (d) and (g) of sec-
tion 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 contract entered into 
under subsection (b). 
(g) RETENTION OF NEPA RESPONSIBILITIES.—Any 
decision required to be made under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 
respect to any restoration and protection services to be 
provided under this Act by a State forester on National 
Forest System land or Bureau of Land Management land, 
as applicable, shall not be delegated to a State forester 
or any other officer or employee of the eligible State. 
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(h) APPLICABLE LAW.—The restoration and protec-
tion services to be provided under this Act shall be carried 
out on a project-to-project basis under existing authorities 
of the Forest Service or Bureau of Land Management, 
as applicable. 
SEC. 
9. 
STEWARDSHIP 
END 
RESULT 
CONTRACTING 
PROJECT AUTHORITY. 
(a) EXTENSION OF AUTHORITY.—Section 347(a) of 
the Department 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) 
is amended by striking ‘‘2013’’ and inserting ‘‘2017’’. 
(b) DURATION OF CONTRACTS.—Section 347(c)(2) of 
the Department 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) 
is amended by striking ‘‘10 years’’ and inserting ‘‘20 
years’’. 
Æ 
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