I 
115TH CONGRESS 
2D SESSION 
H. R. 7315 
To protect American communities from wildfire, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 13, 2018 
Mr. WESTERMAN (for himself, Ms. CHENEY, Mr. GIANFORTE, Mr. GOSAR, 
and Mr. LAMALFA) introduced the following bill; which was referred to 
the Committee on Natural Resources, and in addition to the Committee 
on Agriculture, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To protect American communities from wildfire, 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 ‘‘Protecting American 
Communities from Wildfire Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1) catastrophic wildfire represents a major 
threat to American lives, properties, and livelihoods; 
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(2) more and more Americans are living within 
the wildland-urban interface, and thus living closer 
to unmanaged, overgrown Federal forests; and 
(3) a lack of large-scale forest management 
practices has increased the risk of catastrophic wild-
fire within the wildland-urban interface. 
(b) PURPOSE.—The purposes of this Act are as fol-
lows: 
(1) To provide the Forest Service with the clear 
authority to protect lives, homes, and businesses 
within the wildland-urban interface by authorizing 
forest management projects in the wildland-urban 
interface. 
(2) To provide State, local, and Tribal entities 
the authority to collaboratively manage the forests 
within the wildland-urban interface. 
(3) To provide additional resources for existing 
disaster mitigation and educational programs for 
communities located in the wildland-urban interface. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AT-RISK COMMUNITY.—The term ‘‘at-risk 
community’’ has the meaning given the term in sec-
tion 101 of the Healthy Forests Restoration Act of 
2003 (16 U.S.C. 6511). 
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(2) AT-RISK WATERSHED.—The term ‘‘at-risk 
watershed’’ means any watershed supplying an at- 
risk community. 
(3) FEDERAL LAND.— 
(A) IN
GENERAL.—The term ‘‘Federal 
land’’ means— 
(i) public lands (as defined in section 
103 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1702)); 
(ii) land held in trust for Indian 
Tribes; or 
(iii) National Forest System land. 
(B) EXCLUSIONS.—The term ‘‘Federal 
land’’ does not include— 
(i) a component of the National Wil-
derness Preservation System; 
(ii) Federal land on which the removal 
of vegetation is prohibited or restricted by 
Act of Congress or Presidential proclama-
tion (including the applicable implementa-
tion plan); or 
(iii) a wilderness study area. 
(4) GOVERNORS CONCERNED.—The term ‘‘Gov-
ernors concerned’’ means the respective Governors 
who have entered into good neighbor agreements (as 
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defined in section 8206 of the Agricultural Act of 
2014 (16 U.S.C. 2113a)). 
(5) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means— 
(A) the Secretary of the Interior, with re-
spect to public lands; and 
(B) the Secretary of Agriculture, with re-
spect to National Forest System lands. 
(6) TREATMENT PROGRAMS.—The term ‘‘treat-
ment programs’’ means any removal or modification 
of flammable vegetation including, but not limited 
to, prescribed fire, mechanical thinning, timber 
sales, mastication, pruning, slash treatment, or a 
combination of those methods. 
(7) WILDLAND-URBAN INTERFACE.—The term 
‘‘wildland-urban interface’’ has the meaning given 
the term in section 101 of the Healthy Forests Res-
toration Act of 2003 (16 U.S.C. 6511). 
SEC. 4. CATEGORICAL EXCLUSION FOR ACCELERATED 
TREATMENT 
PROGRAMS 
FOR 
THE 
WILDLAND-URBAN INTERFACE. 
(a) CATEGORICAL
EXCLUSION
ESTABLISHED.— 
Treatment programs described in subsection (b) are a cat-
egory of actions designated as categorically excluded from 
the preparation of an environmental assessment or an en-
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vironmental impact statement under section 102 of the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4332). 
(b) TREATMENT PROGRAM DESCRIBED.—The treat-
ment programs described in this subsection are forest 
management activities carried out by the Secretary con-
cerned to— 
(1) reduce the risk of wildfire to at-risk commu-
nities and at-risk watersheds by prescribing treat-
ment programs in the wildland-urban interface 
which remove overstocked timber; and 
(2) subject to subsection (c), remove or modify 
woody vegetation and ground material to reduce can-
opy closure, ground fuels, and ladder fuels to achieve 
a forest composition that maximizes low-intensity 
fires and ease of suppression, establish fire breaks, 
and access for fire suppression. 
(c) LIMITATION OF TREATMENT PROGRAMS.—The 
Secretary concerned may only carry out vegetation treat-
ments necessary to achieve conditions that support low- 
intensity fire and allow for direct suppression. 
(d) JUDICIAL REVIEW.—Treatment programs de-
scribed in subsection (b) shall not be subject to judicial 
review. 
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SEC. 5. GOOD NEIGHBOR AGREEMENTS FOR AT-RISK 
AREAS. 
Section 8206(a)(3)(B) of the Agricultural Act of 
2014 (16 U.S.C. 2113a(a)(3)(B)) is amended— 
(1) in clause (i)(II)(bb), by striking ‘‘or’’; 
(2) in clause (ii), by striking the period at the 
end and inserting ‘‘; or’’; and 
(3) by inserting after clause (ii) the following 
new clause: 
‘‘(iii) activities to reduce hazardous 
fuels and risk for loss of human life and 
property within the wildland-urban inter-
face (as defined in section 101 of the 
Healthy Forests Restoration Act of 2003 
(16 U.S.C. 6511)).’’. 
SEC. 6. SUPPLEMENTAL STATE FIRE ASSISTANCE FUND-
ING. 
Section 10A of the Cooperative Forestry Assistance 
Act of 1978 (16 U.S.C. 2106c) is amended— 
(1) in subsection (a), by striking ‘‘may’’ and in-
serting ‘‘shall’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (C), by striking 
‘‘and’’ at the end; 
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(ii) in subparagraph (D), by striking 
‘‘wildfires.’’ and inserting ‘‘wildfires; and’’; 
and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(E) to incentivize State, local, tribal, and 
private landowners within the wildland-urban 
interface to implement cooperative land man-
agement plans and treatment programs which 
reduce the risk of wildfire.’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘The Program’’ and in-
serting the following: 
‘‘(A) IN GENERAL.—The program’’; and 
(ii) by striking ‘‘State foresters or 
equivalent State officials’’ and inserting 
‘‘appropriate stakeholders’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) 
PREFERRED
CONSIDERATION.— 
State, local, tribal, and private landowners with 
preexisting, collaborative wildland-urban inter-
face fire mitigation plan shall receive preferred 
consideration when applying for competitive, 
cost-sharing grants.’’; 
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(C) in paragraph (3)— 
(i) in subparagraph (G), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (H), by striking 
‘‘projects.’’ and inserting ‘‘projects; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(J) community and landowner forest 
management incentive programs.’’; and 
(3) by amending subsection (d) to read as fol-
lows: 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section— 
‘‘(A) $100,000,000 for each of fiscal years 
2019 through 2024; and 
‘‘(B) such sums as may be necessary for 
fiscal year 2025 and each fiscal year thereafter. 
‘‘(2) RESERVATION.—Of the funds appro-
priated under paragraph (1), 25 percent shall be re-
served to carry out wildfire mitigation and fuels re-
duction within the wildland-urban interface (as de-
fined in section 101 of the Healthy Forests Restora-
tion Act of 2003 (16 U.S.C. 6511)).’’. 
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SEC. 7. SAVINGS PROVISION. 
Nothing in this Act shall provide the Secretary con-
cerned or Governors concerned the authority to prescribe 
clear cutting as part of a treatment plan. 
Æ 
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