I 
117TH CONGRESS 
1ST SESSION H. R. 4302 
To address the bark beetle epidemic, to reduce catastrophic wildfires in 
the highest risk areas, to restore and improve the ecological integrity 
of forest, grassland, rangeland, and watershed ecosystems across the 
United States through public and private partnerships with Federal, 
State, local, and Tribal governments and private partners, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 1, 2021 
Mrs. BOEBERT (for herself, Mr. BUCK, Mr. CARTER of Texas, Mr. COLE, Mr. 
GOSAR, Mr. LAMALFA, Mr. LAMBORN, Mr. MCCLINTOCK, Mr. 
NEWHOUSE, Mr. OBERNOLTE, Mr. ROSENDALE, Mr. SESSIONS, Mr. TIF-
FANY, Mr. HIGGINS of Louisiana, and Mr. MOORE of Alabama) intro-
duced the following bill; which was referred to the Committee on Agri-
culture, 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, to reduce catastrophic 
wildfires in the highest risk areas, to restore and improve 
the ecological integrity of forest, grassland, rangeland, 
and watershed ecosystems across the United States 
through public and private partnerships with Federal, 
State, local, and Tribal governments and private part-
ners, and for other purposes. 
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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 
‘‘Active Forest Management, Wildfire Prevention and 
Community Protection Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—NATIONAL PRESCRIBED BURN PROGRAM 
Sec. 101. Collaborative prescribed fire program. 
Sec. 102. Large cross-boundary prescribed fire incentive program. 
TITLE II—WESTERN BARK BEETLE PROGRAM 
Sec. 201. Western bark beetle epidemic fund. 
TITLE III—ACTIVE MANAGEMENT PROGRAMS 
Sec. 301. Use of hazardous fuels reduction or forest health projects for high- 
risk areas. 
Sec. 302. Restoration and resilience partnership program. 
Sec. 303. Vegetation management, facility inspection, and operation and main-
tenance relating to electric transmission and distribution facil-
ity rights of way. 
Sec. 304. Selection and implementation of landscape-scale forest restoration 
projects. 
TITLE IV—FOREST RESERVE REVENUE AREA PROGRAM 
Sec. 401. Establishment of forest reserve revenue areas and annual volume re-
quirements. 
Sec. 402. Management of forest reserve revenue areas. 
Sec. 403. Distribution of forest reserve revenues. 
Sec. 404. Annual report. 
Sec. 405. Secretary defined. 
TITLE V—MISCELLANEOUS CLARIFICATIONS AND ADJUSTMENTS 
Sec. 501. Wilderness and wilderness study areas. 
Sec. 502. Extension of stewardship contracting maximum term limits. 
Sec. 503. Clarification of existing categorical exclusion authority related to in-
sect and disease infestation. 
TITLE VI—ANALYSIS OF PROPOSED COLLABORATIVE FOREST 
MANAGEMENT ACTIVITIES 
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Sec. 601. Analysis of only two alternatives (action versus no action) in proposed 
collaborative forest management activities. 
TITLE VII—FOREST MANAGEMENT LITIGATION 
Sec. 701. No attorney’s fees for forest management activity challenges. 
Sec. 702. Injunctive relief (balance of harms). 
TITLE VIII—CATEGORICAL EXCLUSIONS 
Sec. 801. Categorical exclusion for electric utility lines rights-of-way. 
Sec. 802. Categorical exclusion for active forest management activities. 
Sec. 803. Categorical exclusion to expedite certain critical response actions. 
Sec. 804. Categorical exclusion to improve or restore national forest system 
lands or public land or reduce the risk of wildfire. 
Sec. 805. Categorical exclusion to expedite salvage operations in response to 
catastrophic events. 
Sec. 806. Categorical exclusion for forest restoration. 
Sec. 807. Categorical exclusion for infrastructure forest management activities. 
Sec. 808. Categorical exclusion for developed recreation sites. 
Sec. 809. Establishment of fuel breaks in forests and other wildland vegetation. 
TITLE IX—DEFINITIONS 
Sec. 901. Definitions. 
TITLE I—NATIONAL 
PRESCRIBED BURN PROGRAM 
SEC. 101. COLLABORATIVE PRESCRIBED FIRE PROGRAM. 
Subject to the availability of appropriations, the Sec-
retary of the Interior shall establish within the Depart-
ment of the Interior a collaborative prescribed fire pro-
gram to provide financial assistance to eligible entities, in-
cluding units of Federal land management agencies, coun-
ties, States, Indian Tribes, and prescribed fire councils, 
for the implementation of proposals for the conduct of pre-
scribed fires in priority landscapes in accordance with ap-
plicable existing policies, including the National Cohesive 
Wildland Fire Management Strategy. 
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SEC. 102. LARGE CROSS-BOUNDARY PRESCRIBED FIRE IN-
CENTIVE PROGRAM. 
Subject to the availability of appropriations, the Sec-
retary concerned shall establish an incentive program to 
encourage the implementation of large, cross-boundary 
prescribed fires by providing incentive payments for con-
ducting a qualified prescribed fire. 
TITLE II—WESTERN BARK 
BEETLE PROGRAM 
SEC. 201. WESTERN BARK BEETLE EPIDEMIC FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury a Western Bark Beetle Epidemic Fund (in this 
title referred to as the ‘‘Fund’’). 
(b) USE.—Amounts in the Fund shall be used by the 
Secretary concerned to remove or treat bark beetle-killed 
or infested trees in a western State specified by the Sec-
retary. 
(c) REPORT.—Not later than 730 days after the date 
of the enactment of this Act and every two years there-
after, the Secretary of Agriculture and the Secretary of 
the Interior shall submit to the Committee on Agriculture 
of the House of Representatives, the Committee on Nat-
ural Resources of the House of Representatives, the Com-
mittee on Agriculture, Nutrition, and Forestry of the Sen-
ate, and the Committee on Energy and Natural Resources 
of the Senate a report on— 
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(1) the effectiveness of the Fund; 
(2) the number of bark beetle trees removed; 
and 
(3) the number of acres by agency of current 
high-risk bark beetle areas. 
(d) FORM OF REPORT.—The information required by 
subsection (c) to be provided with respect to the Fund 
shall be presented on a single page for each western State. 
(e) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts otherwise made available for the Fund, 
there is authorized to be appropriated for fiscal year 2022 
and each fiscal year thereafter, $126,346,415, adjusted 
for inflation as determined by the Congressional Budget 
Office. 
(f) OFFSET.—The amount appropriated from the 
Treasury for the Fund shall be offset by the revenues gen-
erated for the Treasury from covered forest reserve 
projects to help carry out landscape-scale-forest restora-
tion projects authorized by this Act. 
TITLE III—ACTIVE 
MANAGEMENT PROGRAMS 
SEC. 301. USE OF HAZARDOUS FUELS REDUCTION OR FOR-
EST 
HEALTH 
PROJECTS 
FOR 
HIGH-RISK 
AREAS. 
(a) PROJECT PROPOSALS.— 
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(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 hazardous fuel reduction projects or forest 
health projects for the high-risk area. 
(2) PROJECT CRITERIA.—In preparing a pro-
posed hazardous fuel reduction project or a forest 
health project, the Governor of a State and the Sec-
retary concerned shall— 
(A) take into account managing for rights 
of way, protection of watersheds, protection of 
wildlife and endangered species habitat, safe- 
guarding water resources, and protecting at- 
risk 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 a proposed haz-
ardous fuel reduction project or a forest health project, 
the Governor of a State shall consult with county govern-
ment from affected counties, and with affected Indian 
tribes. 
(c) SUBMISSION AND IMPLEMENTATION.—The Gov-
ernor of a State shall submit proposed emergency haz-
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ardous fuel reduction projects and forest health projects 
to the Secretary concerned for implementation. 
SEC. 302. RESTORATION AND RESILIENCE PARTNERSHIP 
PROGRAM. 
(a) PURPOSES.—The purposes of this section are— 
(1) to restore and improve the ecological integ-
rity of forest, grassland, and rangeland ecosystems 
across the United States in partnership with State, 
local, and Tribal governments; 
(2) to create or sustain outdoor jobs by reduc-
ing the backlog of restoration and resilience projects 
on Federal land and non-Federal land; 
(3) to improve the resilience and carrying ca-
pacity of rangelands in the United States by pre-
venting or mitigating invasive species, such as cheat-
grass, that contribute to rangeland fire; and 
(4) to reduce uncharacteristic wildfires in the 
highest risk areas of the United States by carrying 
out, in accordance with applicable law, restoration 
and resilience projects. 
(b) ESTABLISHMENT.—There is established a Res-
toration and Resilience Partnership Program, under which 
the Secretary of Agriculture shall carry out restoration 
and resilience projects in partnership areas designated 
under subsection (c)(1). 
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(c) DESIGNATION OF PARTNERSHIP AREAS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary 
shall designate, for the purposes of carrying out res-
toration and resilience projects under subsection (d), 
any areas of Federal land and non-Federal land that 
the Secretary determines to be appropriate. 
(2) SUBMISSION
OF
PARTNERSHIP
AREAS
BY 
STATES AND TRIBES.— 
(A) IN
GENERAL.—The Governor of a 
State or an authorized representative of an In-
dian Tribe may submit to the Secretary, in 
writing, a request to designate certain Federal 
land or non-Federal land in the State or Indian 
Country, respectively, for restoration and resil-
ience projects under subsection (d). 
(B) INCLUSIONS.—A written request sub-
mitted under subparagraph (A) may include 1 
or more maps or recommendations. 
(d) REQUIREMENTS.—To be eligible for designation 
under subsection (c), an area shall— 
(1) have a high or very high wildfire potential 
as determined by— 
(A) the map of the Forest Service entitled 
‘‘Wildfire Hazard Potential Version 2020’’; or 
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(B) any other mapping resource or data 
source approved by the Secretary that depicts 
the risk of wildfires; 
(2) have high-priority wildlife habitat urgently 
in need of restoration, as determined by the Sec-
retary, in consultation with eligible entities and the 
applicable Governor or representative of an Indian 
Tribe; or 
(3) in the case of Federal land, be in the 
wildland-urban interface. 
SEC. 303. VEGETATION MANAGEMENT, FACILITY INSPEC-
TION, AND OPERATION AND MAINTENANCE 
RELATING TO ELECTRIC TRANSMISSION AND 
DISTRIBUTION FACILITY RIGHTS OF WAY. 
(a) HAZARD TREES WITHIN 500 FEET OF ELECTRIC 
POWER LINE.—Section 512(a)(1)(B)(ii) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 
1772(a)(1)(B)(ii)) is amended by striking ‘‘10’’ and in-
serting ‘‘500’’. 
(b) CONSULTATION WITH PRIVATE LANDOWNERS.— 
Section 512(c)(3)(E) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1772(c)(3)(E)) is 
amended— 
(1) in clause (i), by striking ‘‘and’’ at the end; 
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(2) in clause (ii), by striking the period and in-
serting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(iii) consulting with private land-
owners with respect to any hazard trees 
identified for removal from land owned by 
such private landowners.’’. 
(c) REVIEW AND APPROVAL PROCESS.—Clause (iv) 
of section 512(c)(4)(A) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1772(c)(4)(A)) is 
amended to read as follows: 
‘‘(iv) ensures that— 
‘‘(I) a plan submitted without a 
modification under clause (iii) shall be 
automatically approved 60 days after 
review; and 
‘‘(II) a plan submitted with a 
modification under clause (iii) shall be 
automatically approved 67 days after 
review.’’. 
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SEC. 304. SELECTION AND IMPLEMENTATION OF LAND-
SCAPE-SCALE 
FOREST 
RESTORATION 
PROJECTS. 
(a) IN GENERAL.—The Secretary of Agriculture shall 
select, in accordance with this section, landscape-scale for-
est restoration projects— 
(1) to implement on National Forest System 
land; and 
(2) if applicable, to implement on land adjoin-
ing National Forest System land, in coordination 
with other Federal and non-Federal entities. 
(b) LANDSCAPE ASSESSMENT.—The project selected 
under to subsection (a) shall be based on a landscape as-
sessment that shall cover a landscape of— 
(1) not less than 100,000 acres, except as pro-
vided in subparagraph (B) and (C); 
(2) not less than 80,000 acres, if— 
(A) the assessment is completed or sub-
stantially completed on the date of the enact-
ment of this Act; and 
(B) the Secretary determines that assess-
ing a larger area is not necessary to restore the 
integrity, resilience, and fire regimes of the 
landscape; or 
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(3) not less than 50,000 acres in the case of a 
project that is carried out east of the one-hundredth 
meridian. 
(c) ELIGIBILITY REQUIREMENTS.—To be eligible for 
selection and implementation under subsection (a), a land-
scape-scale forest restoration project shall satisfy the fol-
lowing requirements: 
(1) Restore the ecological integrity and ecologi-
cal resilience of terrestrial and aquatic areas that 
have departed from reference conditions within the 
forest landscape. 
(2) Restore appropriate natural fire regimes, in-
cluding by reducing fuel loads and modifying forest 
structure in areas that have departed from reference 
conditions. 
(3) Conduct wildfire risk reduction activities 
within the wildland-urban interface to the extent 
that the project includes lands within the wildland- 
urban interface. 
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TITLE IV—FOREST RESERVE 
REVENUE AREA PROGRAM 
SEC. 401. ESTABLISHMENT OF FOREST RESERVE REVENUE 
AREAS 
AND 
ANNUAL 
VOLUME 
REQUIRE-
MENTS. 
(a) PURPOSE.—The purpose of a Forest Reserve 
Revenue Area is to provide a dependable source of 25-per-
cent payments and economic activity through sustainable 
forest management for each beneficiary county containing 
National Forest System land. 
(b) ESTABLISHMENT
OF FOREST RESERVE REV-
ENUE AREAS.—Not later than 60 days after the date of 
the enactment of this Act, the Secretary shall establish 
one or more Forest Reserve Revenue Areas within each 
unit of the National Forest System. 
(c) FIDUCIARY
RESPONSIBILITY.—The Secretary 
shall have a fiduciary responsibility to beneficiary counties 
to manage Forest Reserve Revenue Areas to satisfy the 
annual volume requirement. 
(d) DETERMINATION OF ANNUAL VOLUME REQUIRE-
MENT.—Not later than 30 days after the date of the es-
tablishment of a Forest Reserve Revenue Area, the Sec-
retary shall determine the annual volume requirement for 
that Forest Reserve Revenue Area. 
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(e) MINIMUM.—The annual volume requirement for 
the Forest Revenue Area shall be not less than 
6,000,000,000 Board Feet. 
(f) LIMITATION
ON REDUCTION
OF FOREST RE-
SERVE REVENUE AREAS.—Once a Forest Reserve Rev-
enue Area is established under subsection (a), the Sec-
retary may not reduce the number of acres of National 
Forest System land included in that Forest Reserve Rev-
enue Area. 
(g) MAP.—The Secretary shall provide a map of all 
Forest Reserve Revenue Areas established under sub-
section (a) for each unit of the National Forest System— 
(1) to the Committee on Agriculture and the 
Committee on Natural Resources of the House of 
Representatives; and 
(2) to the Committee on Agriculture, Nutrition, 
and Forestry and the Committee on Energy and 
Natural Resources of the Senate. 
(h) 
RECOGNITION
OF
VALID
AND
EXISTING 
RIGHTS.—Neither the establishment of Forest Reserve 
Revenue Areas under subsection (a) nor any other provi-
sion of this title shall be construed to limit or restrict— 
(1) access to National Forest System land for 
hunting, fishing, recreation, and other related pur-
poses; or 
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(10) OREGON
AND
CALIFORNIA
RAILROAD 
GRANT LANDS.—The term ‘‘Oregon and California 
Railroad Grant lands’’ means the following lands: 
(A) All lands in the State of Oregon re-
vested in the United States under the Act of 
June 9, 1916 (39 Stat. 218), that are adminis-
tered by the Secretary of the Interior, acting 
through the Bureau of Land Management, pur-
suant to the first section of the Act of August 
28, 1937 (43 U.S.C. 1181a). 
(B) All lands in that State obtained by the 
Secretary of the Interior pursuant to the land 
exchanges authorized and directed by section 2 
of the Act of June 24, 1954 (43 U.S.C. 1181h). 
(C) All lands in that State acquired by the 
United States at any time and made subject to 
the provisions of title II of the Act of August 
28, 1937 (43 U.S.C. 1181f). 
(11) PUBLIC LANDS.—The term ‘‘public lands’’ 
has the meaning given that term in section 103 of 
the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1702), except that the term in-
cludes Coos Bay Wagon Road Grant lands and Or-
egon and California Railroad Grant lands. 
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