I
105TH CONGRESS
2D SESSION
H. R. 4345
To authorize the continued use on national forest and other public lands
of the alternative arrangements that were approved by the Council on
Environmental Quality for windstorm-damaged national forests and
grasslands in Texas.
IN THE HOUSE OF REPRESENTATIVES
JULY 29, 1998
Mrs. CHENOWETH (for herself, Mr. BOYD, Mr. PETERSON of Pennsylvania,
Mr. CANNON, Mr. MCINNIS, and Mr. ROGERS) introduced the following
bill; which was referred to the Committee on Resources
A BILL
To authorize the continued use on national forest and other
public lands of the alternative arrangements that were
approved by the Council on Environmental Quality for
windstorm-damaged national forests and grasslands in
Texas.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds the following:
(1) Natural catastrophic events in February
1998 created potentially dangerous fire and insect
infestation conditions in areas of national forests
and national grasslands in Texas.
(2) On March 10, 1998, the Council on Envi-
ronmental Quality waived certain requirements
under the National Environmental Policy Act of
1969 to expedite the removal of ‘‘dead, down, and
severely root-sprung trees where mortality is ex-
pected’’ in those areas, by approving alternative ar-
rangements for that removal in accordance with part
1506.11 of title 40, Code of Federal Regulations.
(3) The Council on Environmental Quality,
which is the Federal agency responsible for monitor-
ing implementation of the National Environmental
Policy Act of 1969, should be commended for ap-
proving those alternative arrangements, which help
prevent the wildfires and insect and disease infesta-
tions often associated with dead and dying trees.
(4) Numerous catastrophic forest conditions
similar to, equal to, or worse than the conditions for
which the Council on Environmental Quality ap-
proved the alternative arrangements exist on na-
tional forest and public domain lands throughout the
nation.
(5) Treatment equivalent to that provided
under the alternative arrangements is warranted and
needed on other national forest and public domain
lands throughout the United States.
SEC. 2. WAIVER OF NEPA REQUIREMENTS FOR TREATMENT
OF DEAD, DOWNED, AND SEVERELY ROOT-
SPRUNG TREES.
(a) IN GENERAL.—The Secretary of Agriculture may
remove dead, downed, or severely root-sprung trees in
areas described in subsection (b) in accordance with the
alternative arrangements approved by the Council on En-
vironmental Quality for National Forests and Grasslands
in Texas, as set forth in a letter from the Chairman of
the Council on Environmental Quality to the Deputy Chief
of the National Forest System dated March 10, 1998.
(b) AREAS DESCRIBED.—The areas referred to in
subsection (a) are the following:
(1) Approximately 20,000 acres of blowdown
forest in the Routt National Forest, Colorado.
(2) Approximately 700 acres of blowdown forest
in the Rio Grande National Forest, Colorado.
(3) Approximately 50,000 acres of bark beetle
infested forest in the Dixie National Forest, Utah.
(4) Approximately 25,000 acres of insect and
fuel-loading conditions on National Forest System
lands in the Tahoe Basin, California.
(5) Approximately 28,000 acres of fire-dam-
aged, dead, and dying trees in the Malheur National
Forest, Oregon.
(6) Approximately 10,000 acres of gypsy moth
infestation in the Allegheny National Forest, Penn-
sylvania.
(7) Approximately 5,000 acres of severely ice
damaged forests in the White Mountain National
Forest, New Hampshire, and the Green Mountain
National Forest, Vermont.
(8) Approximately 10,000 acres of severe
Mountain pine beetle damaged forests in the Pan-
handle National Forest, Nezperce National Forest,
and Boise National Forest, Idaho.
(9) Approximately 10,000 acres of severely ice
damaged forests in the Daniel Boone National For-
est, Kentucky.
(10) Approximately 15,000 acres of fire-dam-
aged, dead, and dying trees in the Osceola National
Forest and Apalachica National Forest, Florida.
(c) OTHER FORESTS.—
(1) REQUIREMENT TO REQUEST ALTERNATIVE
ARRANGEMENTS.—The Secretary of Agriculture or
the Secretary of the Interior, respectively, shall
promptly request the Council on Environmental
Quality to approve alternative arrangements under
part 1506.11 of title 40, Code of Federal Regula-
tions, authorizing removal of dead, downed, or se-
verely root-sprung trees on any national forest or
public domain lands where premature mortality is
expected as a result of catastrophic forest conditions.
(2) CONSIDERATION OF REQUESTS.—Upon re-
ceipt of a request under paragraph (1), the Council
on Environmental Quality shall promptly consider
and approve or disapprove the request.
(3) REGULATIONS.—The Chairman of the
Council on Environmental Quality shall, by not later
than 180 days after the date of the enactment of
this Act, issue regulations—
(A) governing the approval of alternative
arrangements under part 1506.11 of title 40,
Code of Federal Regulations, pursuant to re-
quests under paragraph (1); and
(B) establishing criteria under which those
requests will be considered and approved or dis-
approved.
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